Section 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
(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.