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BUREAU OF INDIAN STANDARDS

 
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INDIAN STANDARD'S LAW (BIS)
 

Introduction

The Bureau of Indian Standards (hereinafter referred to as “BIS” or “Bureau”) is the National Standard Body that has been set up for the harmonious development of the activities of standardization, marking and quality certification of goods and for matters connected therewith.

 

The BIS was established under the Bureau of Indian Standards Act, 1986 which came into effect on 23 December, 1986 and provides conformity assessment and quality assurance of goods, articles, processes, systems and services through standardization, certification and testing.

 

Evolution

 

In pursuance, of the aforesaid, and to broaden the ambit of the parent act, the Government formulated the Bureau of Indian Standards Bill, 2015 and The Bureau of Indian Standards Act, 2016 (hereinafter referred to as “BIS Act, 2016”) was later enacted after receiving the assent of the President on 21 March, 2016. The BIS Act, 2016 mandates notified goods, articles, processes etc. to carry the standard mark.

 

Indian Standards

 

"Indian Standard” refers to the provisional standards which indicates the quality and specification as established and published by the Bureau.

 

The Act provides for Indian Standards, which refer to the standards established by the Bureau itself, in relation to the goods, articles, process, system or service. The Bureau can establish, publish, review or promote the Indian Standards, and may even adopt any standard established by the International Standards Organization or by another Indian Institution as an Indian Standard, as the case may be.

 

BIS Certification and License

 

Under Section 13 of the BIS Act, 2016 if a good, article, process etc. of a person confirms to the Indian Standards, then he may apply for the grant of license or certificate of conformity. The Director General may grant the certificate of conformity if the goods, article, process etc. conforms to the Indian Standards. It is pertinent to note that to obtain the license or certificate, certain tests are conducted by the BIS officials and shall be conducted in centers as recognized by the Bureau.

 

Product Certification Scheme

 

Under the Product Certification Scheme of BIS, the domestic as well as the foreign manufacturers, both have to undergo the procedure as laid down to obtain the BIS license. The main aim of the Product Certification scheme is to provide safe and quality products to the consumers. Product Certification is to be obtained voluntarily, as certification is mandatory for products which are concerned with health and safety.

 

Domestic Manufacturers Certification Scheme

 

In case manufacturing activities for a product are being carried out at a manufacturing facility in India, then in that case, the BIS Domestic Manufacturers Certification Scheme would be applicable.

 

Under the Normal Procedure, an applicant is required to submit the filled in application form along with required documents and requisite fee to the Branch Office under whose jurisdiction the manufacturing unit is located.

 

Subsequently, after recording of the application, a preliminary factory evaluation is carried out by officer(s) from the BIS to ascertain the capability of the applicant/manufacturer to produce goods according to the Indian Standard and to verify the availability of complete testing facility and competent technical personnel. Samples are tested in the factory and also drawn for independent testing. Grant of license is considered by BIS provided the samples pass during independent testing, preliminary evaluation is satisfactory and the applicant agrees to operate the defined Scheme of Testing & Inspection and pay the prescribed marking fee.

 

Generally, the procedure for grant of the license is expected to take 4 months of recording of application by BIS and 6 months in case of all India first license for a product.

 

Foreign Manufacturer Certification Scheme

 

In case manufacturing activities for a product are being carried out at a manufacturing facility outside India, then in that case, the BIS Foreign Manufacturers Certification Scheme would be applicable.

 

Application form along with the requisite fee has to be submitted by the applicant to BIS. The most important part under certification scheme for foreign manufacturer is that, the foreign manufacturer shall set up a liaison / branch office located in India with the permission of Reserve Bank of India, or nominate a legally appointed Agent located in India who declares his consent to be responsible for compliance with BIS provisions.

 

Once the application is submitted with BIS, a preliminary inspection is conducted by officials or agents of BIS at the applicant’s manufacturing and testing addresses. Samples are tested in the factory and also drawn for independent testing.

 

As per the scheme, cost of preliminary inspection by BIS shall be borne by the applicant applying for the license, which shall include the cost to BIS of the man-days spent by BIS officer(s), the expenditure towards travel, stay and per diem, as applicable for the BIS officer(s) as per the relevant norms of the Bureau. The applicant shall make early arrangements for inspection, including facilitating issuance of visa to the inspecting officer(s).

 

The competence of the applicant during preliminary inspection is checked with respect to availability of requisite in-house manufacturing and testing facilities, competence of permanently employed testing personnel, and conformity of the product sample(s).

 

Once satisfied with the results of preliminary inspection, sample drawing testing, with applicant agreeing to comply with requirements & pay the minimum marking & license fee, BIS license is granted for 1 year to the applicant in accordance with the Regulation 4 of the BIS (Certification) Regulations, 1988.

 

Mandatory Certification

 

Under Section 17 of the BIS Act, 2016 no person can manufacture, sell, import, and distribute etc. notified goods without a valid license in case the Central Government issues directions making it mandatory for compulsory use of Standard Mark. The list of products that require mandatory certification is available at http://www.bis.org.in/cert/ProdUnManCert.asp.

 

Obligations under the Act (Section 18)

  • License Holder – to remain responsible at all times for conformance of Standard Mark over the goods, articles, process etc.

  • Seller – before the goods are sold or offered to be sold, it is the responsibility of the seller to ensure that the goods, articles, process etc. bear the marking and labelling details and are displayed in such a manner as specified by the Bureau.

  • Distributor – to ensure that goods, articles, process etc. carrying Standard marks are purchased from license holder only.

Benefits

 

BIS is involved in various activities such as Standard Formulation, Product Certification, Hallmarking Scheme, Consume affair activities and many more. BIS has its own benefits to the economy, such as follows:-

  • Reducing the health hazards to the minimum level as possible;

  • Providing reliable, durable and quality goods to the consumers;

  • Keeping a control check over the rapid growth of different varieties of goods, as they have to pass the standardization scheme and obtain certification approval; and

  • To evolve a national strategy for recognition of standards and integrating them in the development and growth of export and production.

For more information on Bureau of Indian Standards Law in India please write to us at: info@ssrana.com

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