BIS certification for imported refractory cement is mandatory only if the Central Government expressly makes the standard compulsory.

BIS standards are not compulsory merely because they are notified; enforceability arises only when the Central Government makes compliance mandatory by a notified legal instrument. High Alumina Refractory Cement was not expressly covered by the Cement (Quality Control) Order, 2003, and could not be treated as "cement" or as "any other variety of cement" without a specific Gazette notification. On that basis, the demand for BIS certification for customs clearance was unjustified, and clearance could not be withheld for non-production of such certification.

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Issues: Whether High Alumina Refractory Cement fell within the definition of cement under the Cement (Quality Control) Order, 2003 so as to require BIS certification for customs clearance; and whether the mere notification of an Indian standard for High Alumina Refractory Cement by the Bureau of Indian Standards made such certification mandatory.

Analysis: The statutory scheme of the Bureau of Indian Standards Act, 2016 distinguishes between the establishment of Indian standards and their compulsory enforcement. Standards notified by the Bureau are ordinarily voluntary, and mandatory compliance arises only when the Central Government, acting under the enabling provisions, specifically makes such conformity compulsory by legislation or a notified order. The definition of cement in the Cement (Quality Control) Order, 2003 is inclusive, but High Alumina Refractory Cement is not expressly named, and it can be brought within the expression "any other variety of cement" only if the Central Government has so specified by notification. In the absence of such a Gazette notification, the product could not be treated as cement for the purpose of that Order. The distinction between ordinary cement and refractory material was also applied in common parlance, with emphasis that refractory material is used for high-temperature industrial purposes and is not a substitute for construction cement. The 2018 BIS standard for High Alumina Refractory Cement did not by itself make the standard compulsory, because the respondents did not show any specific governmental order mandating its use as a condition for import.

Conclusion: The demand for BIS certification for the imported High Alumina Refractory Cement was not justified and was without jurisdiction.

Final Conclusion: The writ petitions succeeded, and customs clearance could not be withheld on the ground of non-production of BIS certification for the consignments in question.

Ratio Decidendi: An Indian standard becomes enforceable as a compulsory import condition only when the Central Government specifically makes compliance mandatory by a notified legal instrument; a product not expressly covered by the controlling quality order cannot be brought within it merely because a BIS standard exists.

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