Nepal Bureau of Standards and Metrology

Nepal Standards (Certification Mark) Act, 1980

Ministry of Law and Justice Nepal Rajpatra, Vol. 30, No. 33 (Extraordinary), Bhadra 26, 2037 (September 11, 1980) Preamble Whereas it is expedient to make arrangements for determining the standard of any goods for the welfare of the public and for the use of the marks certifying the standard on such goods, now therefore His Majesty has enacted this law on the advice and with the approval of the National Panchayat. 1. Short Title and Commencement (1) This law may be called the Nepal Standards (Certification Mark) Act, 1980. (2) It shall come into force on such date as may be prescribed by His Majesty's Government by notification in the Nepal Rajapatra. 2. Definitions Unless otherwise meant with reference to the subject or context, in this act. (a) Council means the Nepal Standard Council formed under Section 3, (b) Office means the Nepal Standards Office established under Section 5, (c) Standard means the Nepal standard prescribed or recognized by the Council, (d) Goods means natural, semi-natural, synthetic, manufactured, processed, semi-processed or unprocessed goods, (e) Process means any process used from manufacture or production to consumption of any goods, (f) Certification Mark means the certification mark of the standard, (g) License means a license for the use of the certification mark, (h) Inspector means the Inspector appointed or designated under Section 12, (i) Prescribed or as prescribed means prescribed or in the manner prescribed in the rules framed under this act. 3. Formation of Council For the purpose of making arrangements for determining standards in relation to any goods or process and affixing marks thereon, His Majesty's Government may form a Standards Council. The full name of the Council shall be the Nepal Council of Standards, and its acronyms shall be NCS. 4. Functions, Duties and Powers of the Council (1) In addition to those provided for elsewhere in this act, the functions, duties and powers of the Council shall be as follows: (a) To determine standards in relation to any goods or process, amend or cancel standards which have been prescribed, (b) To recognize standards prescribed by any local or foreign institution, (c) To grant recognition to any governmental or non-governmental laboratory for the purpose of determination of standards or tests, or suspend or cancel recognition which has once been granted, (d) To prescribe the design and form of certificate of standard and of the certification mark. (e) To prescribe fees for certificate of standards and certification mark and for services. (2) For performing its functions, the Council may form committees or sub-committees of its members or of other persons according to need. 5. Establishment of the Nepal Bureau of Standards (1) For the purpose of implementing the objectives of this act, His Majesty's Government shall establish an office, the full English name of which shall be the Nepal Bureau of Standards (Nepal Gunastara Karyalaya). Its acronyms shall be N.B.S. (2) In addition to those mentioned elsewhere in this act, the functions, duties and powers of the Nepal Bureau of Standards shall be as follows: (a) To issue licenses for the use of certification marks or certificates of standards after standards have been prescribed by the Council, (b) To inspect or arrange for the inspection of standard of any goods or process, (c) To appoint or designate inspectors, (d) To renew, suspend or cancel licenses, (e) To conclude agreements prescribing necessary conditions before issuing licenses, (f) To perform the administrative functions of the Council. 6. Power to Delegate Authority The Council may delegate any or all of its functions, duties and powers to any of its members, or to any committee formed by it, or to the office or any officer thereof. 7. Right to use Certification Mark Any producer, manufacturer or distributor, or any individual who provides services, must obtain a license under this act if he wants to use a certification mark in respect to any goods or process. 8. Prohibition to make improper use of Certification Mark (1) No person shall use certification marks in relation to any goods or process without obtaining a license. No person shall use any symbol likely to create confusion about the design of the certification mark. (2) Persons who have obtained licenses shall also not use a certification mark in relation to any article which does not conform to the prescribed standards, or any symbol likely to create confusion about the design thereof. 9. Prohibition to use Names Similar to those of the Council or the Office No person shall use any name which may create confusion about the full name or acronyms of the Council or the office. 10. Power to Prescribe Standard of Goods Concerning Public Health and Public Security (1) In the case of goods or processes other than pharmaceuticals and foodstuffs whose standards are prescribed under the 1978 Pharmaceuticals Act, and the 1966 Food Act, His Majesty's Government may, by notification in the Nepal Rajapatra, make it compulsory for the producer, manufacturer, distributor or person providing services to follow the standards determined by the Council in the interest of public health and public security, so as to be applicable from the date specified in such notification. (2) In the case of goods or processes specified under Sub-Section (1), the appropriate producer, manufacturer, distributor or persons providing services must obtain a license or certificate of standard under this act. 11. Power to Prescribe Standards of Goods Meant for Export or Import (1) In the case of goods to be imported into the Kingdom of Nepal, other than pharmaceuticals whose standards are specified under the 1978 Pharmaceuticals Act, His Majesty's Government may, in the interest of public health or public security, publish a notification in the Nepal Rajapatra stipulating that such goods shall conform to the standard prescribed by the Council. (2) In the case of any goods to be exported from the Kingdom of Nepal, His Majesty's Government may, if it so deems necessary for the promotion of international trade, publish a notification in the Nepal Rajapatra stipulating that such goods shall conform to the standard prescribed by the Council. 12. Inspectors (1) For the purpose of inspection of the standard of any goods or process, the office may appoint or prescribe inspectors in necessary numbers. (2) The functions, duties and powers of the inspector appointed or prescribed under Sub-Section (1) shall be as follows: (a) To examine whether or not a license has been obtained in respect to any goods or process on which a certification mark is used, and whether or not the conditions stipulated in such license are being complied with, (b) To examine whether or not the conditions stipulated in the certificate of standard in respect to any goods or process in which it is used are being complied with, (c) To inspect the production of any goods on which the certification mark or the certificate of standard is used or any process relating to such goods, (d) To receive samples of any goods on which the certification mark or the certificate of standard is used, or of any raw or processed goods relating to such commodity, for the purpose of inspection or examination at any time. 13. Penalties (1) Any person who contravenes the provisions of Section 8 shall be punished with a fine not exceeding Rs. 3,000/-, or with imprisonment for a term not exceeding six months, or with both. (2) Any person who contravenes the provisions of Section 9 shall be punished with a fine not exceeding Rs. 1,500/-, or with imprisonment for a term not exceeding three months, or with both. (3) In case the goods or process prescribed under Section 10 is not up to the prescribed standard, or in case any person brings into use such goods or process without using the certification mark, such person shall be punished with a fine not exceeding Rs. 5,000/-, or with imprisonment for a term not exceeding one year, or with both. (4) In case any person exports, or attempts to export, or abets the export of goods specified in Section 11, even though these are not of the prescribed standard, he shall be punished with a fine not exceeding Rs. 3,000/-, or with imprisonment for a term not exceeding six months, or with both. (5) Persons who contravene other provisions of this act shall be punished with a fine not exceeding Rs. 1,000/-, or with imprisonment for a term not exceeding one month, or with both. (6) Goods on which certificate of standard or certification mark is used, or which are exported or imported in contravention of this act, shall be confiscated. 14. Government to be Plaintiff His Majesty's Government shall be the plaintiff in all cases filed under this act. 15. Adjudicating Authority The original jurisdiction in respect to cases filed under this act shall vest in the local Chief District Officer. 16. Investigations and Filing of Cases (1) Investigations into cases relating to offenses punishable under this act shall be conducted by the inspector, and such cases shall be filed by him with the adjudicating authority on completion of such investigations. (2) The inspector may consult a government lawyer while conducting investigations into and filing cases under Sub-Section (1). 17. Appeal An appeal may be filed at the Zonal Court against the decision made by the authority mentioned in Section 15. 18. Directives His Majesty's Government may issue directives to the Council or the office as and when necessary. The Council or the office shall comply with such directives if these are issued. 19. Power to Frame Rules (1) His Majesty's Government may frame rules to implement the objectives of this act. (2) Without prejudice to the generality of the power conferred by Sub-Section (1), such rules may provide for the following matters in particular: (a) Determination and publication of standards, (b) Issue of licenses or certificates of standard, and renewal of such licenses, (c) Appointment or designation of inspectors, and provisions relating to the procedure to be followed by the inspector, (d) Provisions regarding agreements to be executed by the recipient of license or certificate of standards, (e) Provisions regarding meetings of the Council and the procedure to be followed by it, (f) Appropriate arrangements relating to administrative and financial matters. 20. Validity of Actions The standards prescribed by the Nepal Determination Committee formed under the 1977 Nepal Standards Determination Committee (Formation) Order before the commencement of this act, and the licenses or certificates of standard issued by that committee, shall be deemed to have been determined or issued under this act. Royal seal affixed on: Bhadra 26, 2037 (September 11, 1980).