10. Indian Standards. —(1) The standards established by the Bureau shall be the Indian Standards.
(2) The Bureau may—
(a) establish, publish, review and promote the Indian Standard, in relation to any goods, article,
process, system or service in such manner as may be prescribed;
(b) adopt as Indian Standard, any standard, established by any other Institution in India or
elsewhere, in relation to any goods, article, process, system or service in such manner as may be
prescribed;
(c) recognise or accredit any institution in India or outside which is engaged in standardisation;
(d) undertake, support and promote such research as may be necessary for formulation of Indian
Standards.
(3) The Bureau, for the purpose of this section, shall constitute, as and when considered necessary,
such number of technical committees of experts for the formulation of standards in respect of goods,
articles, processes, systems or services, as may be necessary.
(4) The Indian Standard shall be notified and remain valid till withdrawn by the Bureau.
(5) Notwithstanding anything contained in any other law, the copyright in an Indian Standard or any
other publication of the Bureau shall vest in the Bureau.
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11. Prohibition to publish, reproduce or record without authorisation by Bureau.—(1) No
individual shall, without the authorisation of the Bureau, in any manner or form, publish, reproduce or
record any Indian Standard or part thereof, or any other publication of the Bureau.
(2) No person shall issue a document that creates, or may create the impression that it is or contains
an Indian Standard, as contemplated in this Act:
Provided that nothing in this sub-section shall prevent any individual from making a copy of Indian
Standard for his personal use.
12. Conformity Assessment scheme.—(1) The Bureau may notify a specific or different conformity
assessment scheme for any goods, article, process, system or service or for a group of goods, articles,
processes, systems or services, as the case may be, with respect to any Indian Standard or any other
standard in a manner as may be specified by regulations.
(2) The Bureau may establish a Standard Mark in relation to each of its conformity assessment
schemes, which shall be of such design and contain such particulars as may be specified by regulations to
represent a particular standard.
13. Grant of licence or certificate of conformity.—(1) A person may apply for grant of licence or
certificate of conformity, as the case may be, if the goods, article, process, system or service conforms to
an Indian Standard.
(2) Where any goods, article, process, system or service conforms to a standard, the Director General
may, by an order, grant—
(a) a certificate of conformity in a manner as may be specified by regulations; or
(b) a licence to use or apply a Standard Mark in a manner as may be specified by regulations,
subject to such conditions and on payment of such fees, including late fee or fine, before or during the
operation of the certificate of conformity or licence, and as determined by regulations.
(3) While granting a certificate of conformity or licence to use a Standard Mark, the Bureau may, by
order, specify the marking and labelling requirements that shall necessarily be affixed as may be specified
from time to time.
(4) The Bureau may establish, maintain or recognise testing laboratories for the purposes of
conformity assessment and quality assurance and for such other purposes as may be required for carrying
out its functions.
14. Certification of Standard Mark of jewellers and sellers of certain specified goods or
articles.—(1) The Central Government, after consulting the Bureau, may notify precious metal articles or
other goods or articles as it may consider necessary, to be marked with a Hallmark or Standard Mark, as
the case may be, in a manner as specified in sub-section (2).
(2) The goods or articles notified in sub-section (1) may be sold through retail outlets certified by the
Bureau after such goods or articles have been assessed for conformity to the relevant standard by testing
and marking centre, recognised by the Bureau and marked with Hallmark or Standard Mark, as the case
may be, as specified by regulations.
(3) The Central Government may, after consulting the Bureau, by an order published in the Official
Gazette, make it compulsory for the sellers of goods or article notified under sub-section (1) to be sold
only through certified sales outlets fulfilling such conditions as may be determined by regulations.
(4) The Bureau may, by an order, grant, renew, suspend or cancel certification of Standard Mark or
Hallmark of a jeweller or any other seller for sale of goods or articles notified under sub-section (1) in
such manner as may be determined by regulations.
(5) The Bureau may establish, maintain and recognise testing and marking centres, including assaying
and hallmarking centres, for conformity assessment and application of Standard Mark, including
Hallmark, on goods or articles notified under sub-section (1), in a manner as may be specified by
regulations.
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(6) No testing and marking centre or assaying and hallmarking centre, other than the recognised by
the Bureau, shall with respect to goods or articles notified under sub-section (1), use, affix, emboss,
engrave, print or apply in any manner the Standard Mark, including the Hallmark, or colourable imitation
thereof, on any goods or article; and make any claim in relation to the use and application of a Standard
Mark, including the Hallmark, through advertisements, sales promotion leaflets, price lists or the like.
(7) Every recognised testing and marking centre, including assaying and hallmarking centre, shall use
or apply Standard Mark on good or articles notified under sub-section (1), including Hallmark on
precious metal articles, after accurately determining the conformity of the same in a manner as may be
specified.
(8) No recognised testing and marking centre, including assaying and hallmarking centre, shall,
notwithstanding that it has been recognised under sub-section (5), use or apply in relation to any goods or
article notified under sub-section (1) a Standard Mark, including Hallmark, or any colourable imitation
thereof, unless such goods or article conforms to the relevant standard.
15. Prohibition to import, sell, exhibit, etc.—(1) No person shall import, distribute, sell, store or
exhibit for sale, any goods or article under sub-section (1) of section 14, except under certification from
the Bureau.
(2) No person, other than that certified by the Bureau, shall sell or display or offer to sell goods or
articles that are notified under sub-section (3) of section 14 and marked with the Standard Mark,
including Hallmark and claim in relation to the Standard Mark, including Hallmark, through
advertisements, sales promotion leaflets, price lists or the like.
(3) No certified jeweller or seller shall sell or display or offer to sell any notified goods or articles,
notwithstanding that he has been granted certification, with the Standard Mark, including Hallmark, or
any colourable imitation thereof, unless such goods or article is marked with a Standard Mark or
Hallmark, in a manner as may be specified by regulations, and unless such goods or article conforms to
the relevant standard.
16. Central Government to direct compulsory use of Standard Mark.—(1) If the Central
Government is of the opinion that it is necessary or expedient so to do in the public interest or for the
protection of human, animal or plant health, safety of the environment, or prevention of unfair trade
practices, or national security, it may, after consulting the Bureau, by an order published in the Official
Gazette, notify—
(a) goods or article of any scheduled industry, process, system or service; or
(b) essential requirements to which such goods, article, process, system or service,
which shall conform to a standard and direct the use of the Standard Mark under a licence or certificate of
conformity as compulsory on such goods, article, process, system or service.
Explanation.—For the purpose of this sub-section,—
(i) the expression “scheduled industry” shall have the meaning assigned to it in the Industries
(Development and Regulation) Act, 1951 (65 of 1951);
(ii) it is hereby clarified that essential requirements are requirements, expressed in terms of the
parameters to be achieved or requirements of standard in technical terms that effectively ensure that
any goods, article, process, system or service meet the objective of health, safety and environment.
(2) The Central Government may, by an order authorise Bureau or any other agency having necessary
accreditation or recognition and valid approval to certify and enforce conformity to the relevant standard
or prescribed essential requirements under sub-section (1).
17. Prohibition to manufacture, sell, etc., certain goods without Standard Mark.—(1) No person
shall manufacture, import, distribute, sell, hire, lease, store or exhibit for sale any such goods, article,
process, system or service under sub-section (1) of section 16—
(a) without a Standard Mark, except under a valid licence; or
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(b) notwithstanding that he has been granted a license, apply a Standard Mark, unless such goods,
article, process, system or service conforms to the relevant standard or prescribed essential
requirements.
(2) No person shall make a public claim, through advertisements, sales promotion leaflets, price lists
or the like, that his goods, article, process, system or service conforms to an Indian standard or make such
a declaration on the goods or article, without having a valid certificate of conformity or licence from the
Bureau or any other authority approved by the Central Government under sub-section (2) of section 16.
(3) No person shall use or apply or purport to use or apply in any manner, in the manufacture,
distribution, sale, hire, lease or exhibit or offer for sale of any goods, article, process, system or service, or
in the title of any patent or in any trade mark or design, a Standard Mark or any colourable imitation
thereof, except under a valid licence from the Bureau.
18. Obligations of licence holder, seller, etc.—(1) The licence holder shall, at all times, remain
responsible for conformance of the goods, articles, processes, systems or services carrying the Standard
Mark.
(2) It shall be the responsibility of the distributor or the seller, as the case may be, to ensure that
goods, articles, processes, systems or services carrying the Standard Mark are purchased from certified
body or licence holder.
(3) It shall be the responsibility of the seller before the goods or article is sold or offered to be sold or
exhibited or offered for sale to ensure that—
(a) goods, articles, processes, systems or services carrying the Standard Mark bear the requisite
labels and marking details, as specified by the Bureau from time to time;
(b) the marking and labelling requirements on the product or covering is displayed in a manner
that has been specified by the Bureau.
(4) Every certified body or licence holder shall supply to the Bureau with such information and with
such samples of any material or substance used in relation to any goods, article, process, system or
service, as the case may be, as the Bureau may require for monitoring its quality and for the recovery of
the fee as may be prescribed in the certificate of conformity or the licence.
(5) (a) The Bureau may make such inspection and take such samples of any material or substance as
may be necessary to see whether any goods, article, process, system or service, in relation to which a
Standard Mark has been used, conforms to the requirements of the relevant standard or whether the
Standard Mark has been properly used in relation to any goods, article, process, system or service with or
without a licence.
(b) The Bureau may publicise the results of its findings and the directions given in pursuance
thereof.
(6) If the Bureau is satisfied under the provisions of sub-sections (4) and (5) that the goods, articles,
processes, systems or services in relation to which a Standard Mark has been used do not conform to the
requirements of the relevant standard, the Bureau may direct the certified body or licence holder or his
representative to stop the supply and sale of non-conforming goods or articles and recall the nonconforming goods or articles that have already been supplied or offered for sale and bear such mark from
the market or any such place from where they are likely to be offered for sale or prohibit to provide the
service.
(7) Where a certified body or licence holder or his representative has sold goods, articles, processes,
system or services, which bear a Standard Mark or any colourable imitation thereof, which do not
conform to the relevant standard, the Bureau shall direct the certified body or licence holder or his
representative to—
(a) repair or replace or reprocess the standard marked goods, article, process, system or service in
a manner as may be specified; or
(b) pay compensation to the consumer as may be prescribed by the Bureau; or
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(c) be liable for the injury caused by non-conforming goods or article, which bears a Standard
Mark, as per the provisions of section 31.