June 21, 2024

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Nepal Standards (Certification-mark) Rules, 2040

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1. Short Title & Commencement :

(1) These Rules may be called ” Nepal Standard (Certification-mark) Rules, 2040 “.
(2) These Rules shall come into force immediately.

2. Definition :

Unless the subject or context otherwise requires in these Rules,
(A) “Act” means Nepal Standard (Certification-mark) Act, 2037 (1980).
(B) “Council” means Nepal Standards Council.
(C) “Office” means Nepal Standards Office.
(D) “Applicant” means the person who has submitted an application for the license or certificate pursuant to the Rule 7.
(E) “Licensee” means the person obtaining the license or certificate pursuant to the Rule 9.(F) “Certificate” means the certificate of standards pursuant to the Rule 9.

3. Meaning of the Council and procedure:

(1) The meeting of the  council shall be held in the place and time prescribed by the chairperson
as per the necessity.
(2) A quorum of a meeting of the council shall be deemed be attained if fifty percent of the total number of members of the council have attended.
(3) The chairperson shall chair the meeting of the council and in his/her absence, a person designated by the members presenting therein shall chair.
(4) The majority opinion shall prevail in the meeting of the council and if the vote has been equally divided then the person presiding the meeting shall provide a decisive vote.
(5) The decision of the council shall be attested by the member secretary of the council.
(6) The member secretary shall provide a notice along with the agendas for discussion to the concerned members at least three days prior to the meeting of the council to be held.
(7) The council of deemed necessary may invite an expert or any other person in the meeting of the council participate as an observer. (8) The meeting allowance that has to be obtained (received) for participating in a meeting by the members of the council, members of the committees and other invited person of sub-committees and other invited person shall be as prescribed time and again by the council.
(9) The other procedures that has to be followed in the meeting of the council shall be as determined by the council itself.

4. Determination of standards:

(1) The office shall prepare the standards of the various 3 materials, processes or services under the policies provided by the council and within the prescribed procedures.
(2) The standards prepared by the office pursuant to Sub-rule (1) shall deemed to be determined by the council if it has been approved by the standards council.

6. Sale or distribution of publication or standards:

(1) The office may publish and even may sale or distribute the standards determined by the council or a recognized standard and the required details of any 5 materials, process or services for the knowledge of the general people.
(2) If the council has amended or repealed the standards published pursuant to Sub-rule (1), the office shall also publish it’s notice for the knowledge of the general people.

7. License or certificate to be obtained (received):

(1) 6A procedure or a manufacturer desiring to use a standard certification-mark for any material or process shall submit an application in the office of the license as in the format prescribed in Schedule-1.

(2) A procedure, manufacturer, distributer or service providing person desiring to receive a certificate for any material or process or service for which the use of certification-mark has been impractical shall submit an application in the office, as in the format prescribed in Schedule-2.

8. 8…………….. Inquiry:

(1) The office may ask to inquire the following
matters 9
………….. after the submission of an application for a license or
a certificate:-
(A) Whether the 10material, process or service
mentioned by the applicant in the application is in
compliance with Nepal Standards or not,
(B) Whether the applicant has managed a regular
quality control and quality test to maintain the
quality of the material as pursuant to the Nepal
standards and for which the standard certification
mark has to be labeled or not,
(C) Whether the applicant has managed or not the
privilege or facilities which may facilitate to inspect
the production sites, workshop, laboratory or go
down (stock) etc. for providing an enquiry report
making an inquiry of the matters mentioned in
Clause (A) and (B).
(2) The applicant shall provide the samples and details of the
concerned material as per the need for 11the examination and he/she
shall bear all the last required for the examination of those samples.
(3) 12………… The office may ask to make necessary amendment
in the quality control and quality test arrangements managed by the
applicant in relation to the concerned material and on the basis of the
examination or inquiry.
Deleted by First Amendment.
10 Amended by First Amendment.
11 Amended by First Amendment.
12 Deleted by First Amendment.

9. License or certificate to be issued:

The office, after completing an inquiry issue a license in the format prescribed in Schedule-3, to the applicant by taking a fee as prescribed by the council as pursuant to Rule 8 and may allowing to use the standards certification mark in the concerned materials or process and in the case of the material, process or services for which the use of standard certificate-mark has been impractical, may issue a certificate of standards.

10. Letter of agreement assurance or consent has to be conducted:

 The office while issuing a license or certificate to the applicant may conclude a letter of assurance or  consent by prescribing terms and conditions that has to be followed obeyed by him/her on the use of standards certification mark or certificate for concerned 14 material,
process or service.

11. The office may issue an order:

If the council has amended or repealed (canceled) any standards then the office may issue the following order to the licensee:-
(A) To make necessary amendment on the quality control and test system or production process of the concerned material in accordance to the concerned material in accordance to the amended standards, or
(B) Not to use the standards certificate-mark or certificate in the concerned 15 material, process or service after the date prescribed in the order.

12. Duration (Term) and renewal of a license or a certificate:

(1) A license shall be valid for three years.
(2) A certificate shall be valid for the period prescribed in the certificate and it shall not be renewed.(3) The licensee shall submit an application for the renewal of the license along with the renewal fees prescribed by the council, to the office, 16 at least thirty days prior to the completion of the validity of his/her license.
(4) After receiving the application as pursuant to the Sub-rule (3), the office may make the renewal of the license maximum for three years validity at a time.
(5) A license which has not been renewal within the valid period shall deemed to be ipso-facto void.

13. Identity card of inspectors:

(1) The office shall provide an identity card of inspector to the inspectors who has been appointed or designated pursuant to Section 12 of the Act, in the format prescribed in Schedule-4.
(2) An inspector shall always keep his/her identify card in his/her possession and he/she shall show it to the applicant or license if he/she has asked to see it during the inquiry or inspection that has been conducted in the course of accomplishing his/her duty.

14. Method to be followed while conducting inquiry or inspection:

(1) While visiting to enquire or inspect the quality of any material or process, inspector may enter into the place where the concerned material has to be produced, places where the process to be continued or service to be provided, workshop or place for a quality control or test or the storage where such materials has been kept. The inspector shall provide the information to the applicant or license that he/she has desired (wished) to inquire or inspect, prior to entering as mentioned.
(2) The inspector, while collecting a sample of any materials which has been using a standards certification marks or raw materials or products of such materials etc. during the inquiry or inspection shall collect it in the presence of the applicant or licensee.
(3) The inspector shall provide a receipt to the applicant or license mentioning the name, quantity and condition of the material which has been collected pursuant to Sub-rule (2).
(4) The inspector may make test (examination) of the sample material collected as pursuant to Sub-rule (1) from a Government or a  Non-government laboratory which has obtained a recognized by the council.
(5) The inspector shall submit a report in the office by mentioning the result an inquiry or inspection made by him/her self and the suggestions if any.

15. Record of the laboratory:

The office shall keep the record of the Government or Non-government laboratories which has obtain the recognition by the council for the required inspection or test (examination) of any material and it’s production process.

16. Suspension or cancelling of a license or a certificate:

(1) The office may suspend or cancel the license or certificate provided as pursuant to these Rules, on the following circumstances:-
(A) If the produced, manufactured or adopted 17 process or provided service by the licensee has not in compliance with Nepal standards,
(B) If a licensee has used the standards certification mark for any 18 material, process or service without following the prescribed methods by the Nepal standards,

(C) If the licensee has operated activities contrary to the Act or these Rules or has not followed the direction issued by the office, or
(D) If the licensee has not followed the terms and conditions mentioned in the license, certificate or letter of assurance or consent.
(2) Prior to suspending or cancelling the license or certificate, a fifteen days time period shall be provided to the licensee to submit his/her clarification. If the licensee has submitted a clarification within the prescribed time period, the office shall make a final decision on whether to suspend or cancel a license or a certificate or not also by
considering such clarification.
(3) If a license or certificate has been suspended pursuant to Sub rule (2), in such circumstances, the licensee shall not be allowed to use the standard certification-mark or certificate for the concerned 19 material, process or service.

17. Power to make alteration in Schedule:

The Government of Nepal may make an alteration in the Schedule by publishing a notice in Nepal Gazette.

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