Section 16
Central Government to direct compulsory use of Standard Mark.
The Bureau of Indian Standards Act, 2016.
About this Act
An Act to provide for the establishment of a national standards body for the harmonious development of the activities of standardisation, conformity assessment and quality assurance of goods, articles, processes, systems and services and for matters connected therewith or incidental thereto.
(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).
(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).