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Many autonomous bodies in India have created their own standard and providing services.

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DRAFT PETITION

1. The concept of standard originated with transformative thinking of Dr W. Edwards Deming, a statistician of USA origin, who went to Japan at the end of World War II. His massage was that “by improving quality, companies will decrease expenses as well as increase productivity and market share”. Dr Deming 14 steps became hallmark in the field of industrial area and by adopting philosophy of Dr Deming Japan became one of the front line industrial country, though it was critically devastated during prolonged World War II.
2. Dr Deming 14 points have had far reaching effects on the business world, while they do not really tell us exactly how to implement the changes. Taken as a whole, the 14 points are a guide to the importance of building customer awareness, reducing variation and fostering constant continuous change and improvement throughout the organization.
3. In the twilight years of British rule in India, when the country was faced with gigantic task of building up the industrial infrastructure, it was the Institution of Engineers (india), which prepared the first draft of the Constitution of an Institution which could take up the task of formulation of national standards. This lead to Department of Industries and supply issuing a memorandum on 3 Sept 1945, formally announcing the setting up of an organization called the “Indian Standard Institution”. The Indian Standard Institution (ISI) came into the existence on 6 Jan 1947.
4. In the initial years, the organization concentrated on standardization activity. To provide advantages of standardization to common consumer, the ISI started operating the Certificate of Marks Scheme under the Indian Standard Institution (Certification Mark) Act 1952. The scheme was formally launched by ISI in 1965-66., enabled it to grant licenses to manufacturers producing goods and to apply ISI mark on their products. While the product certification was being operated under the Indian Standard Institution (Certificate Marks) Act 1952, the formation of standards and other related works were not governed by any legislation, hence a bill with the above objective was introduced in the Parliament.
5. Bureau of Indian Standard (hereinafter BIS) came into existence through an act of Parliament dated 26 Nov 1986. Through this change Government envisaged building a climate for quality culture, consciousness and greater participation of consumers in formulation and implementation of National Standard.
6. Constitutionally mandated power vested with BIS was limited only to formulation of various standards of products and its certification under ISI marks, devoid of any role in developing standard for Process, System and Service and its certification.
6. Based on the need of broad based scope of standardizations activity, Government of India introduced Bureau of Indian Standard Act 2016 (hereinafter BIS Act 2016). BIS act 2016 was notified in Gazette of India on 22 March 2016. BIS Act 2016 was notified with the noble intent to provide for establishment of a National Standard body for harmonious development of activities of standarisation, conformity assessment and quality assurance of goods, articles, process, system, services and for matter connected therewith or incidental thereto.
7. Further, draft Rules applicable to BIS Act 2016 was published over public domain in 2016, but till date final Rules applicable to BIS Act 2016 has not been notified by the Government of India.
8. That due to non implementation of BIS Act 2016, vital task of developing applicable standards for various Process and Services in the field of Education, Health, Construction and so on is being carried out by array of Autonomous bodies, thus carrying out overriding activities of Constitutionally mandated duties of BIS as prescribed in BIS Act 2016. Due to weak/ non administrative control over these Autonomous bodies, they are running parallel system of standard setting and conformity assessment task, which is an overriding activity over BIS Act 2016. These arrays of Autonomous bodies of Government of India have devised their own arbitatory and unscientific and untested standards which is devoid of Peer review. Coupled with unfettered power in guise of autonomy, these Autonomous bodies have created parallel system of standard setting. Every now and then one comes across their arbitatory act of unfettered corruption. Few of such Autonomous organization engaged in overriding activity over BIS Act 2016 is listed below.
a. Quality Council of India ( hereinafter QCI) QCI is an autonomous body which has been created by Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, Government of India. QCI is an umbrella organization of the following Boards, who are involved in standard setting and accreditation arena.
i. National Accreditation Board for Testing and Calibration Laboratories (NABL)- It was setup as an Autonomous body under Ministry of Science and Technology and later on migrated to QCI. It was set up to accredit medical and calibration laboratories, proficiency testing providers and reference material producers based on ISO standard 17025 ana 17043.
ii. National Board for Certification Bodies (NABCB)- It was established to provide accreditation to certifying bodies, who perform conformity assessment for ISO certification.
iii. National Accreditation Board for Hospital and Health care provider (NABH)- It was set up to establish and accredit Hospitals and Health care organistion. NABH has developed its own standard and it is a unique body in the world, that has set up standard and inspects himself, which is not an accepted norm internationally.
iv. National Accreditation Board for Education and Training- It was established with the aim to accredit vocational training organization, skill development and training along with related area.
b. National Assessment and Accreditation Council (hereinafter NAAC)- NAAC is an Autonomous body established by University Grants Commission to assess and accredit institutions of higher education in the country.
c. National Board of Accreditation ( hereinafter NAB)- The National Board of Accreditation is an autonomous boby created by All India Council of Technical Education (AICTE). NAB has been created with the objective of quality assurance and relevance of the programs in the professional and technical discipline i.e. Engineering, and Technology, Management, Architecture, Pharmacy and Hospitality through the mechanism of accreditation of programs offered by technical Institutions.
Besides the above described autonomous bodies, there is plethora of bodies which have been created by various Ministries of Government of India and they are engaged in standard setting, conformity assessment, which is clearly overriding the powers conferred to BIS under the provision of BIS Act 2016.
Grounds
1. That the BIS Act 2016 has been created with the intention of creation of single body to prescribe standards in the field of Goods, Articles, Process, Services, System and matter connected thereto or incidental thereto.
2. That due to non implementation of the said Act there are plethora of autonomous bodies of Government of India have created multiple and unscientific standards, which is affecting interest of common population.
3. That due to non implementation of BIS Act 2016, standards applicable to Goods, Articles, Services, Process and System has not been developed so far which is resulting in production of non standard goods, services and process to produce goods, articles is being compromised leading to production of inferior quality goods and articles.
4. Due to non standard application in the field of services, serious breach of quality is being applied in the field of common services such as education, health and hospitality, thus affecting larger population.


Prayer
1. Respondent No 1 may please be directed/ ordered to publish Rules applicable to BIS Act 2016, so that Respondent No5 discharges its constitutionally mandated duties as prescribed in BIS Act 2016.
2. Respondent No 2, Respondent No 3 and Respondent No 4 may please be directed/ ordered to order Respondent No 6, Respondent No 7, Respondent No 8, Respondent No 9 and Respondent No 10 to refrain from activities of constitutionally mandated duties as prescribed in BIS Act 2016 of Respondent No5.
Respondents
1. Ministry of Food, Civil Supplies and Consumer Affair, Govt of India, Krishi Bhawan New Delhi- 110001
2. Ministry of Commerce and Industry, Govt of India, Udyog Bhawan New Delhi-110001
3. Ministry of Human Resources Development, Govt of India, Shastri Bhawan, New Delhi-110001
4. Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, Udyog Bhawan, New Delhi-110001
5. Bureau of Indian Standard, Bahadur Shah Zafar Marg, New Delhi-110002
6. Quality Council of India, Bahadur Shah Zafar Marg, New Delhi-110002
7. University Grants Commission, Bahadur Shah Zafar Marg, New Delhi-110002
8. National Assessment and Accreditation Council- Nagarbhavi, Bangalore-560042, Karnataka
9. All India Council of Technical Education- Nelson Mandela Marg, Vasant Kunj, New Delhi- 110067
10. National Board of Accreditation- NBCC Place, East Tower, 4th Floor, Bhishma Pitamah Marg, Paragati Vihar, New Delhi 110003

Date and Synopsis

6 January 1947- The Indian Standard Institution came into existence

1952 - The Indian Standard Institution (Certificate Marks) Act 1952 (36
Of 1952) was notified

23 December 1986- Bureau of Indian Standard Act 1986 was notified

22March 2016 - Bureau of Indian Standard Act 2016 was notified



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