PAKISTAN CONFORMITY ASSESSMENT RULES, 2011
[Gazette of Pakistan, Extraordinary, Part-I, 27th September, 2011]
S.R.O. 113(KE)/2011, dated 26.2.2011.–In exercise of the powers conferred by Section 26 of the Pakistan Standards and Quality Control Authority Act, 1996 (VI of 1996) the Federal Government is pleased to make the following rules, namely:–
1. Short Title and Commencement.–(1) These rules may be called the Pakistan Conformity Assessment Rules, 2011.
2. They shall come into force at once.
2. Definitions.–(1) In these rules, unless the context otherwise requires,–
(a) "Act" means the Pakistan Standards and Quality Control Authority Act, 1996 (VI of 1996);
(b) "applicant" means a person who has applied to the Authority for a licence;
(c) "competent authority" means any officer of the Authority designated as competent authority by the Director General under sub-section (4) of Section 7 of the Act;
(d) "form" means a form annexed to these rules;
(e) "inspection" means examination of product, process or plant for determination of conformity with specific requirements of relevant Pakistan standard;
(f) "licensee" means a person to whom a licence has been granted under the Act;
(g) "manufacture" means to produce, make-or manufacture, including process and operations of assembling, mixing, blending, cutting, diluting, bottling, packaging, repacking or preparation of goods in any other manner;
(h) "manufacturer" means the manufacturer of any article or process;
(i) "Regulations" means regulations made under Section 27 of the Act; and
(j) "verification" means confirmation through the provision of objective evidence that specified requirement have been fulfilled.
(2) The words and expressions used but not defined herein shall have the same meanings as assigned to them under the Act.
(3) The general terms for standardization or procedures for assessment of conformity not defined herein and the Act shall have the same meaning as assigned to them in the relevant standardization system.
3. Licensing.–(1) Every manufacturer of the articles notified by the Federal Government under Sections 13 and 14 shall apply to the Authority for grant of licence.
(2) Any manufacturer of the articles other than covered under sub-rule (1) may apply to the Authority for licence for voluntary conformity assessment.
4. Application for a licence.–(1) Every application for a licence shall be made in Form I duly filled-in, signed and accompanied by,–
(a) application fee as prescribed by the Authority;
(b) self evaluation cum declaration as specified in Form II; and
(c) test report of sample of article as specified in sub-rule (3).
(2) For every manufacturing unit of the articles notified under Sections 13 and 14, separate licence shall be required.
(3) An applicant shall get sample of the article tested from any laboratory in Pakistan recognized by the Authority or any laboratory abroad covered under a mutual recognition agreement with the Authority.
5. Initial scrutiny of licence application.–(1) On receipt of an application for a licence and its enclosures by the Authority, the same shall be numbered in order of its receipt and acknowledged to the applicant.
(2) The Authority shall after scrutinizing the application in accordance with provisions of rule 4, process if further:
Provided that the Authority may reject the application for grant of licence if it is not in accordance with the provisions of Rule 4.
(3) After initial scrutiny of the application for licence under sub-rule (2), the Authority may require, any further information or data from the applicant for substantiating the information contained in the application within the specified time not exceeding one month. In case of non-submission of the requisite information or data within specified time the application may be summarily rejected.
(4) After scrutiny of information gathered under sub-rule (3), the Authority, may further process the application or reject the same after recording reasons in writing and communicating the same to the applicant.
6. Inquiry.–After processing of the application for licence under sub-rule (4) of Rule 5, the Authority, keeping in view the relevant Pakistan standards specification requirements, shall,–
(a) require evidence that the article or process in respect of which a licence has been applied for, conforms to the relevant Pakistan standard;
(b) require evidence that the applicant has in operation a scheme or routine inspection and testing, which will adequately ensure that all marked products shall conform to the relevant Pakistan standard;
(c) direct an inspector to inspect all the concerned premises of the applicant for verifying the statement and contents made in the application;
(d) for the purpose of clause (a), may direct the applicant to submit samples, at his own cost, to such testing authority as the Authority may consider appropriate; and on the basis of any report received under clauses (c) or (d) or both, require the applicant to carry out such alterations or additions, in the scheme of inspection and testing or the process of manufacturing product with in the specified time, failing to which the application shall be rejected.
7. Inspection.–The Authority after being satisfied on the inquiry under Rule 6 may proceed further conduct inspection rule 24 and thereafter issuing licence.
8. Verification visit.–After submission of report of the inquiry and inspection by the Inspector under Rule 7, the Authority may authorize any senior officer to verify the report of the Inspector.
9. Final scrutiny.–(1) After report of the inspection or verification visit, as the case may be, the application with all the documents shall be sent to the competent authority for further processing.
(2) After examining the case if the competent authority is satisfied it may grant the licence to the applicant or may require further scrutiny and analysis of the case.
(3) In case the competent authority requires further scrutiny and analysis, it may refer the case to the concerned officer who shall re-examine the case or conduct further verification in the light of the observation of the competent authority and submit his report to the competent authority:
Provided that the competent authority may call for any other information or record through a notice in writing giving not les than fourteen days for providing such information or record. In case the information or record is not provided the application may be rejected.
(4) After the receipt of report under sub-rule (3) the competent authority considers that the case is not fit for the grant of licence, it may give the applicant a reasonable opportunity of being heard either in person or through a duly authorized representative and may either grant the licence or reject the application.
10. Grant of licence.–(1) Where the competent authority is satisfied, that the application is a fit case to use a Pakistan standard mark, he may approve grant of licence authorizing the use of Pakistan standard mark in respect of the article or process subject to such terms and conditions as the Authority may deem fit to specify:
Provided that where an application has been made for licence and commercial production of the article has not been commenced, the Authority may issue provisional licence for a period of three months.
(2) A licence shall be granted in the Form annexed as Form III for a period not exceeding one year.
(3) Where licence is granted, it shall be notified by the Authority in any manner as deemed appropriate, specifying particulars of the licence and such particulars shall be entered in a register maintained under Rule 29.
(4) The Authority may during the period of validity of the licence, on thirty days notice to a licensee, and affording the licensee the opportunity of explaining his position alter any terms and conditions subject to which the licence has been granted.
(5) The licence shall be non-transferable.
(6) The Authority may refuse to grant a licence, if in its opinion the licence applied for is liable to be abused.
11. Renewal of Licence.–(1) The Authority may renew the licence if an application in Form IV is made by the licensee at least one month before expiry of the licence.
(2) The licence may be renewed for a further period of two years on every occasion if the licencee is eligible for the same.
(3) Where any action under any provision of the Act or rules is pending against the licensee, renewal of his licence may be deferred for such period as deemed appropriate by the Authority.
(4) In case the Authority decides not to renew any licence, it shall give the licensee a notice of not less than fourteen days of its intention to do so.
(5) The licensee may submit his explanation, if any, within aforesaid notice period and the same shall be considered by the Authority and a hearing shall be given to him within fourteen days from the date of receipt of such explanation.
(6) In case of failure of the licensee to submit his explanation within the prescribed time limit or the explanation submitted by him is not found satisfactory, the Authority may, on expiry of the notice period, allow the licence to lapse and an intimation together with the reasons thereof in writing shall be sent to the licensee under acknowledgement.
(7) The licensee shall not use Authority's mark, in case his licence lapses or its renewal is deferred under sub-rule (3).
12. Conditions of licence to use Pakistan standard mark.–(1) The Pakistan standard mark of conformity shall only be used by the licensee having valid licence for such articles or process for which the licence has been granted.
Provided that no licensee shall use Pakistan standards mark unless the article conforms to the relevant Pakistan standard.
(2) The licensee shall apply the Pakistan standard mark in a prominent manner that is easily visible and distinct on the article or the liable thereon or container or the lable thereof.
(3) In case article or the process which cannot be packaged, the self-declaration of the licensee bearing the words "Declaration-Conforming to PS_________, Licence number _____________ “and the Pakistan standard mark shall be attached with every consignment dispatched from the premises of the licencess.
(4) No person other than the person who is in possession of a valid licence shall make a publicity through advertisements, sales promotion leaflets, price-lists or the like that his article conforms to the Pakistan standard or make such a declaration on the article as under sub-rules (2) and (3).
(5) In no case the Pakistan standard mark shall be used as logo in any form or manner by the licensee.
(6) In any case of suspension, cancellation, withdrawal and expiry of licence and any pending process thereto, the licensee shall forthwith stop marking his articles or processes with the Pakistan standard mark:
Provided that in case of pending renewal and withdrawal of licence on the request of licensee under clause (b) of sub-rule (1) of Rule 15, he will continue to use Pakistan standard mark unless directed by the Authority not to do so.
13. Suspension of a licence.–(1) The licence may be suspended for a limited period in any of the following cases, namely,–
(a) non-conformity with the requirements of such a nature that immediate cancellation or withdrawal is not necessary ;
(b) non-payment of any fees specified by the Authority;
(c) improper use of the licence or the Pakistan standard mark;
(d) contravention of the product certification scheme, the Act, the rules and regulations; and
(e) non-compliance with any directives issued by the Authority in relation to conformity assessment.
(2) A licence may be suspended by the Authority on written request from the licensee, if the operations in his premises can no longer be carried on due to any reason beyond his control that may include but not restricted to:–
(a) natural calamities such as flood, fire, earthquake etc;
(b) a lock-out; or
(c) closure of operations directed by the Court or competent authority.
(3) The suspension of licence shall be communicated to the licensee through any mode ensuring acknowledgement of receipt and the communication shall specifically mention:–
(a) licence no;
(b) description of article, its brand name and relevant Pakistan standard;
(c) date of suspension ;
(d) duration of suspension;
(e) reasons of suspension;
(f) remedial measure to undo suspension; and