In January 1947, the Indian Standards Institution (ISI), as the then national standards body of India, was registered as a Society under the Societies Registration Act, 1860. Its mandate was to prepare and promote standards for adoption by Indian industry. Later, its mandate was expanded to include Product Certification activity through the Indian Standards Institution (Certification Marks) Act, 1952.
The BIS Act, 1986 was enacted to confer a statutory status to ISI’s functioning. ISI was renamed as the Bureau of Indian Standards (BIS), to promote harmonious development of standardization, and quality certification of goods, with a clearly defined statutory powers. The Act has now been revised as BIS Act, 2016 and establishes BIS as the National Standards Body.
The Government of India has made the BIS certificate mandatory for certain items, which it considers necessary from the point of view of health, safety, environment, prevention of deceptive practices, consumer security etc. Bureau of Indian Standards provides these mandatory standards free of cost for certification. BIS has authorised BSB Edge Private Limited, formerly, Book Supply Bureau, to distribute the Indian Standards both on CD-ROM and through an online subscription.
Product Certification Overview:
A Licence granted under Section 13 of BIS Act 2016 is given to use a specified Standard Mark in relation to any goods or article which conforms to a standard.
The BIS Act 2016, Rules and Regulations framed there under authorizes BIS to undertake conformity assessment of products, services, systems and processes. Under the product certification scheme – I, BIS grants licence to use the standard mark or grants certificate of conformity as per conformity assessment schemes given in BIS (Conformity Assessment) Regulations, 2018. The conformity assessment schemes are laid down in BIS (Conformity Assessment) Regulations, 2018.
The Product Certification Schemes of BIS aims at providing Third Party assurance of quality, safety and reliability of products to the customer. Presence of BIS certification mark, known as Standard Mark, on a product is an assurance of conformity to the specifications. The manufacturer is permitted to self-certify the licenced products after ascertaining its conformity to the Standard. Through its surveillance operations, the Bureau maintains a close vigil on the quality of certified goods. The conformity is ensured by regular surveillance of the licensee’s performance by surprise inspections and testing of samples, drawn both from the market/factory.
The certification scheme operates through a network of 32 Branch Offices set up in State capitals or major industrial towns and 5 Regional Offices overseeing the work of the Branch offices. Although, the scheme itself is voluntary in nature, the Government of India, on considerations of public health and safety, security, infrastructure requirements and mass consumption has enforced compulsory certification on various products through Orders issued from time to time under various Acts.
In order to ensure enhanced consumer safety & compliance to statutory provisions, some products like gas cylinders, regulators and valves, BIS certification scheme requires each lot or batch to be inspected by BIS certification officers before release of the product.
Operation of Eco Mark Scheme:
The Government of India has instituted a scheme for labelling of environment friendly products to be known as ECO Mark. The scheme is being administered by the Bureau of Indian Standards. The Eco mark Scheme covers various product categories like Soaps and Detergents, Paints, Food Items, lubricating oils, Packaging materials/Package, Architectural Paints and Powder Coatings, Batteries, Electrical and electronic goods, Food Additives, Wood Substitutes, Cosmetics, Aerosols and Propellants, Plastic Products, Textiles, Fire-extinguisher, Leather and Coir & Coir Products.
The Scheme is being operated on a national basis and provides certification and labelling for house-hold and other consumer products which meet certain environmental criteria along with quality requirements prescribed in relevant Indian Standards for the product. For the implementation of the scheme, BIS is responsible for the following functions:
- Assessment of the product for ECO Mark, certification of the product for award of ECO Mark.
- Renewal, suspension and cancellation of the licence.
- Products certified as eligible for the ECO Mark shall also carry the ISI Mark (except for leather) for quality, safety and performance of the product and shall be licensed to carry the ECO Mark for a prescribed time period after which it shall be reassessed.
- Undertaking inspections and taking samples for analysis of any material or substance in relation to which the BIS – ECO Mark has been used as may be necessary for proper implementation of ECO Mark.
BIS Registration and Grant of Licence:
The procedure for Grant of Licence (GoL) must be read in conjunction with BIS Act 2016, BIS Rules 2018 and BIS (Conformity Assessment) Regulations 2018. In particular, the provision for Grant of Licence (GoL) are addressed in Regulation 4 & 5 and Scheme -I of Schedule -II of BIS (Conformity Assessment) Regulations, 2018.
- An online application with the relevant documents has to be submitted by the applicant to the Bureau.
- Post this, the authorities pay a visit to the factory of the applicant for assessment of the manufacturing infrastructure, production process, quality control and testing capabilities, and the sample(s) will be drawn for testing in third party testing laboratory.
- The test reports generated from the laboratories will only be accepted if the said laboratories are established, maintained or recognized by the Bureau for the product or other laboratories as decided by the Executive committee of the Bureau.
- The test reports of the product generated should not be more than 90 days old.
- Where Indian standards for raw materials are referred to in the product standard for guidance or reference only, evidence of conformity of raw material is not something which is insisted upon. Therefore, ensuring conformity of raw material/components rests with the applicant.
- It is the responsibility of the applicant to ensure that the test reports submitted are complete in all respects and conforming to the relevant Indian Standard. In the event of submission of partial test report, applicant must submit reasons for test reports not being complete.
Additional requirements for Foreign Manufacturers Certification Scheme (FMCS):
The foreign manufacturers, who are having their factory location outside India, can apply under FMCS. Features of FMCS different from Indian manufacturers are as follows:
- Applicant has to submit application form and other requisite documents in duplicate.
- All foreign manufacturers are considered as ‘Large Scale’ as per FMCS norms.
- The applicant have to nominate an Authorized Indian Representative (AIR) for its operation of BIS licence for its group companies. For nominating an AIR, the applicant must ensure the following:
- AIR must be an Indian resident.
- AIR is representative of one manufacturing firm only and doesn’t represent other foreign manufacturer(s) as AIR under the BIS Conformity Assessment schemes. However, in case of foreign manufacturers belonging to one group of companies and importers (related to the foreign manufacturer) nominated as AIR, the restriction shall not be applicable.
- AIR(s) should not have any conflict of interest with respect to their role as AIR with testing of sample(s) in third party laboratories.
- AIR(s) shall be preferably at least graduate by qualification and shall understand the provisions of BIS Act, 2016 and rules, regulations framed thereunder and the implications thereof.
- AIR(s) shall declare their consent to be responsible for compliance of the BIS Act, Rules, Regulations and Terms & Conditions as laid down in BIS Licence, Agreement, Undertaking etc. executed by or on behalf of the foreign manufacturer in connection with grant and operation of licence.
- The name of AIR(s) is endorsed in the licence document.
- Responsibility for safe deposition of sample(s) to the labs and remittance of testing charges (directly to the OSLs in case sample is sent to OSLs and to BIS account. in case sample is sent to BIS Labs), lies with the manufacturer firm.
- The foreign manufacturer, after obtaining the licence, shall submit the details of consignment of goods bearing Standard Mark (giving details of Indian importer, distributor, dealer, retailer, final destination to whom goods or articles with Standard Mark is being supplied with estimated date(s) of entering Indian ports) to BIS online or through email as soon as these are despatched from the manufacturing premises.
- The Agreement and Indemnity Bond as mentioned in Scheme are required to be executed and Performance Bank Guarantee (PBG) from any bank, having RBI approved branch in India are required to be furnished, after grant of licence. Performance Bank Guarantee has a validity of six months more than the validity of the licence.
Exemption from Compulsory BIS Registration:
The Compulsory Registration Scheme (CRS) lists products in two groups which are currently subject to BIS certification, namely: Certification Scheme 1 and Certification Scheme 2.
The Ministry of Electronics and Information Technology and Ministry of New and Renewable Energy have listed 68 Electronics and IT goods which compulsorily requires BIS Registration Certificate and is applicable to all Indian as well as Foreign Manufacturers:
|
Products under Certification Scheme 1
|
Products under Certification Scheme 2
|
|
Cement
|
Laptops
|
|
Household Electrical goods, Plugs and Socket-Outlets and Alternating Current Direct Connected Static Prepayment Meters for Active Energy
|
automatic teller cash dispensing machines
|
|
Batteries, Food & Related Products
|
smart card readers
|
|
Oil Pressure Stoves
|
low voltage switchgears
|
|
Automobile Accessories
|
Microwave
|
|
Cylinder, Domestic Gas Stoves for use with Liquefied Petroleum Gases
|
|
|
Valves and Regulation
|
|
|
Medical Equipment and Transparent Float Glass
|
|
|
Steel Products
|
|
|
Electrical Transformers and Electrical Motors
|
|
|
Air Conditioner and its related Parts, Hermetic Compressor and Temperature Sensing Controls
|
|
|
Capacitors and Cables
|
|
|
Chemicals & Fertilizers
|
|
|
Kitchen Appliances, Domestic Pressure Cooker,
|
|
|
Domestic Water Heaters for use with LPG
|
|
The Quality Control Orders as per which steel products are brought under compulsory BIS certification are issued by Ministries/departments of the Central Government such as Ministry of Steel and DPIIT. Requests for such exemption or technical clarification regarding the applicability of Quality Control Orders on your product may be addressed to the concerned Ministry/Department and not BIS. (Ministry of Steel has constituted a technical committee to deal with such issues where technical clarification can be sought by importers).
Conclusion:
In case of violation of conditions of licence, licence may be cancelled by the Bureau as per provision of Regulation 11 of BIS (Conformity Assessment) Regulations, 2018. Penal provisions for the use of ISI mark without a valid license are as laid down in sub-section (3) of section 29 of BIS Act, 2016. For a product which has been notified for compulsory certification by the Central Government, penal provisions for manufacturing or selling the product without ISI mark and without a valid licence are as laid down in sub-section (3) of section 29 of BIS Act, 2016.
Thank you for getting in touch! 
