5. Conditions of a
licence. -(1) The Standard Mark shall be applied
in such manner, as it may be easily visible as a distinct
mark on the articles or the covering or on test certificates
relating to articles, which cannot be labelled or covered.
The Standard Mark shall be applied to only such types, grades,
classes, varieties, sizes of the article for which the licence
has been granted. The licence shall get the facsimile of the
Standard Mark proposed to be used by him, approved from the
Bureau.
(2) When a Standard Mark has been specified in respect of
an article or process, no person other than the licensee in
possession of a valid licence shall make any public claim,
through any advertisement, sales promotion leaflets, price-lists
or the like, that his product conforms to the relevant Indian
Standard or carries the Standard Mark.
Explanation. -For the purpose of this sub-regulation, a claim
as to conformity of one's product to an Indian Standard in
reply to a specific query or in a tender addressed to any
individual customer shall not be deemed to be a public claim.
(3) So long as a Standard Mark is not specified for an article
or process, a person may publically claim that this product
or process conforms to the Indian Standard provided that such
product or process actually conforms to the Indian Standard.
(4) (a) Every licensee shall institute and maintain, to the
satisfaction of the Bureau, a system of control to keep up
the quality of his production or process by means of a scheme
of testing and inspection as indicated in the licence, so
as to ensure that the article or process, in respect of which
the Standard Mark is being used, comply with the relevant
Indian Standard.
(b) The licensee shall maintain a complete record of the tests
and inspection and such other data as specified in the scheme
for testing and inspection, to establish to the satisfaction
of the Bureau that the required control of production or process
has been and is being, satisfactorily maintained. Such records
shall, on demand, be made available for inspection to the
Inspecting Officer.
(5) (a) Any licence granted by the Bureau may be suspended
or cancelled by it, if it is satisfied-
(i) That the articles marked with the Standard Mark under
a licence do not comply with the related Indian Standard or
Standards; or
(ii) That the licensee had used the marking respect of a process
which does not come up to the related Indian Standard or Standards;
or
(iii) That the licensee failed to provide reasonable facilities
to any Inspecting Officer to enable him to discharge the duties
imposed on him; or
(iv) That the licensee has failed to comply with any of the
terms and conditions of the licence.
(b) Before the Bureau suspends or cancels any licence, it
shall give the licensee not less than fourteen days notice
of its intention to suspend or cancel the licence.
(c) On the receipt of such notice, the licensee may submit
an explanation on his behalf to the Bureau within seven days
from the receipt of the notice. If an explanation is submitted,
the Bureau may consider the explanation and give a hearing
to the licensee within fourteen days from the date of receipt
of such explanation or before the expiry of the notice whichever
is longer.
(d) If no explanation is submitted, the Bureau may, on the
expiry of period of the notice, suspend or cancel the licence.
(e) Where a licence has been suspended or cancelled, or the
terms thereof has not been renewed on the expiry of the period
of its validity, the licensee shall discontinue forthwith
the use of the Standard Mark notwithstanding the pendency,
of any appeal before the Central Government under section
16 of the Act and if there be, with the licensee or his agents,
any articles in stock which have been improperly marked, the
licensee or his agents, as the case may be, shall take necessary
steps to get the Standard Mark on such article either removed,
cancelled, defaced or erased.
(6) When a licence has been suspended or cancelled, the Bureau
shall publish the particulars of the licence so suspended
or cancelled, in the Official Gazette.
(7) (a) If, at any time, there is some difficulty in maintaining
the conformity of the product to the specification or the
testing equipment goes out of order, the marking of the product
shall be stopped by the licensee, under intimation to the
Bureau. The marking may be resumed as soon as the defects
are removed and information regarding such resumption of marking
be sent to the Bureau, immediately thereafter.
(b) If, at any time, the Bureau has sufficient evidence that
the product carrying the Standard Mark may not be conforming
to the Indian Standard the licensee shall be directed to stop
marking of such product. The resumption of marking on the
product shall be permitted by the Bureau after satisfying
itself that the licensee has taken necessary actions to remove
the deficiencies.
(8) The decision of the Bureau under sub-regulation (4) of
the regulation 4 or sub-regulation (5) of the regulation 5
to-ether with the grounds for arriving at such decision shall
be communicated, in writing by registered post, to the applicant
or the licensee, as the case may be.
(9) An inspection, specially made at the request of an applicant
or a licensee, shall be chargeable to the account of applicant
or the licensee. Charges for such special inspection or inspections
shall be such as may be decided by the Bureau.
(10) When an Indian Standard is withdrawn and not superseded
by any other Indian Standard, any licence issued in respect
thereof shall be deemed to have been cancelled from the date
of withdrawal of such Indian Standard and any such licence
shall be surrendered to the Bureau by the licensee forthwith.
In the case of such cancelled licence, a part of the marking,
fee, if paid in advance, proportionate to the unexpired period
of the licence, may be refunded to the licensee.
(11) The following procedure shall apply in the case of inspection
in respect of any article or process where a licence for the
use of Standard Mark in respect of that article or process
has been issued, or an application has been made for a licence:
-
(a) When an Inspecting Officer proposes to inspect the premises
of an applicant, he shall, preferably, give reasonable notice
of his visit to the applicant but for inspection of premises
of a licensee, such notice is not necessary;
(b) If during an inspection, an Inspecting Officer wishes
to take one or more samples of any article, material or substance,
he shall do so in the presence of the licensee or the applicant
or a responsible person belonging to the establishment of
the licensee or the applicant, as the case may be;
(c) The Inspecting Officer may at his discretion, and shall
if the licensee or applicant or the responsible person belonging
to the establishment demands it take duplicate samples and
give one sample to the licensee or the applicant or such responsible
person;
(d) The Inspecting Officer may at his discretion, and shall
if the licensee or applicant or the responsible person belonging
to the establishment demands it place each such sample in
a covering and jointly seal each sample. In the use of samples
drawn by the Inspecting Officer, which cannot be so sealed,
such samples shall be marked with certain identification to
establish their identity;
(e) Impression of the seals and details of identification
shall be given in the Inspecting Officer's report. The sample
shall be labelled giving complete details; and
(f) The Inspecting Officer shall give a receipt for sample
or samples taken and retain a duplicate copy of the receipt
duly signed by the person in whose presence the sample was
taken.
(12) The Inspecting Officer may take samples of articles marked
with the Standard Mark from the godowns or any such premises
of any agent of the licensee or from the articles put up for
sale in the open market by the licensee or his agent.
(13) The Bureau shall arrange at least two inspections a year
in respect of each licence.
(14) An Inspecting Officer shall make to the Bureau a detailed
report of every inspection made by him.
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