The Act was originally enacted in 1986 and the BIS came into existence in December 1986. A new act (to replace the BIS Act of 1986) was introduced in the Lok Sabha in 2015, which was subsequently passed by both houses of the Parliament. The new act came into force in 2017.

Bureau of Indian Standards (hereinafter referred to as ‘BIS’) is a statutory body established under the Bureau of Indian Standards Act, 2016 (hereinafter referred to as the ‘Act’). BIS prescribes the standards for covering goods and systems under the standardization regime. Under the Act, BIS has been identified as the ‘National Standards Body of India’ and is regulated under the Ministry of Consumer Affairs, Food & Public Distribution, and Government of India.

Features 

The Act establishes a Bureau for the purpose of standardization, marking and certification of articles and processes.  

• The Act allows the union government to make it compulsory for certain notified goods, processes, articles, etc. to carry the standard mark in the public interest, safety of the environment, national security or to prevent unfair trade practices.
• The BIS Act also allows many types of simplified conformity assessment schemes and this includes self-declaration of conformity against a standard which will offer simplified options to manufacturers to adhere to the standards and get a certificate of conformity. 
• According to the Act, the central government has the power to appoint any agency or authority (apart from the BIS) to verify the conformity of product & services and issue the conformity certificates.
• Additionally, there is a provision in the Act for the recall or repair for products that bear the Standard Mark but do not conform to the required Indian standard.
• The Act has identified new areas for standardisation. These include:
  • Medical devices
  • Alternate fuels
  • Smart cities
  • E-mobility
  • New and renewable energy
  • Digital technologies (Artificial Intelligence, Industry 4.0, Blockchain, etc.)
• The BIS (Hallmarking) Regulations, 2018 makes the hallmarking of precious metals jewellery and artefacts such as gold and silver mandatory.
• The penalty for improper use of the Indian standard mark will be a fine of up to Rs. 5 lakh.
• The Act also prescribes penalties for the following points:
• The improper use of the standard mark by testing and marking centres
• Manufacturing or selling goods & articles that do not carry a standard mark and have been mandated to do so, etc.

Objectives

To harmonize development of standardization, labeling, and quality certification of items.

To give a push to standardisation and quality control in order to promote industry growth and develop while also meeting customer requirements.

To organise technical committees of specialists for the goal of developing such standards.

Functions

BIS through its core activities of standardization and conformity assessment, has been benefiting the economy by providing safe and reliable and quality goods; minimizing health hazards to consumers; protecting the environment, promoting exports and imports substitute; controlling proliferation of varieties etc. The standards and certification scheme of BIS apart from benefitting the consumers and industry also support various public policies especially in areas of product safety, consumer protection, food safety, environment protection, building and construction, etc.

BIS carries out various activities like that of standards formulation, product certification, hallmarking, laboratory services, training services, etc. However, the primary and most recognized objective of BIS is to formulate and prescribe the standards for products for their certification. BIS also ensures the harmonious development of the activities of standardization, marking and quality certification of goods.

schemes of certification

BIS Compulsory Registration Scheme (CRS)

The Ministry of Electronics and Information Technology (MeitY) notified the Compulsory Registration Scheme (CRS) in 2012. It passed the ‘Electronics and Information Technology Goods (Requirement for Compulsory Registration) Order, 2012’ for 15 categories of electronics items. However, it added more electronic and information technology goods under the CRS subsequently.

Under CRS, the manufacturers of the products listed under the CRS have to obtain the BIS certification for those products mandatorily. As per the 2012 order passed by MeitY, a person cannot manufacture, distribute, or store goods for sale or import that do not conform to the Indian Standards specified in the order and bear the standard mark with a BIS unique registration number.

The BIS grants the licence to the manufacturers of the electronic products to use or apply the standard mark with a unique R-number. The manufacturers can obtain BIS certification under the CRS through registration based on self-declaration of conformity for each product by filing Form-I under smart registration.

ISI Mark Scheme Registration for Domestic Manufacturers

The manufacturers of products that come under the compulsory BIS certification (Scheme-I) have to register through the normal procedure. However, certain products that require compulsory certification are also included in the list of products that come under simplified registration. When the compulsory BIS certification products are listed under the products eligible for simplified registration, the manufacturers of such products should register them under the simplified procedure and not through the normal procedure. 

Under the normal BIS certification procedure, the manufacturer of the compulsory BIS certification product has to submit the BIS registration application to the authorised officer of the jurisdiction where the manufacturing unit is located. The manufacturer of the products must submit Form V under Scheme-I (BIS registration application) along with the required documents and requisite fees. 

The BIS officers will conduct a preliminary factory evaluation after receiving the BIS certification application. The BIS officers will collect samples of the products, test them and obtain an independent testing report. When the products meet the confirmed quality standards, the BIS certification/license is provided. Under this procedure, the BIS license is granted within 4-6 months after submitting the registration application.

Product Certification Scheme – Applicable for tangible products; with some products classified under compulsory certification.

The BIS introduced the simplified procedure to give pace to the process of granting the BIS license. The manufacturers of the products listed under the simplified procedure must mandatorily apply for BIS certification under the simplified procedure. The BIS license is granted within 30 days of submitting the BIS certification application under this simplified procedure.

The manufacturer must submit the BIS registration application, the required documents, self-evaluation reports and test reports of product samples obtained from the approved lab to the respective BIS officer. When the test report meets the standard requirements, the BIS officer will verify the factory and grant BIS certification within 30 days of submitting the BIS application.

The simplified procedure is applicable for grant of BIS license of ‘All India First License’ cases and all the products listed under the simplified procedure except in the following circumstances:

• Products like valves, cylinders, cement, etc., where it is necessary to obtain approval from another statutory authority
• All those products where BIS license is issued on the basis of factory testing

System Certification Scheme – Applicable for systems/ process

Foreign Manufacturers Certification Scheme – Applicable for foreign manufacturers who are engaged in the sale of their products in India. The BIS grants the specially designed ISI mark for overseas applicants or foreign manufacturers under the Foreign Manufacturers Certification Scheme (FMCS) within six months. They can obtain BIS certification for products under the Compulsory Registration Scheme (CRS) and compulsory BIS certification scheme (Scheme-I).

The BIS introduced the FMCS in 2000 to enable overseas applicants or foreign manufacturers to obtain and use the standard ISI mark on their products. The foreign manufacturers have to set up a branch office in India with the required permissions and nominate an agent in India.

The foreign applicant must submit the BIS registration application form with the BIS in the prescribed format, the requisite documents and fees. The BIS will conduct a preliminary inspection of the product at the applicant’s manufacturing and testing units and collect samples for independent testing. 

When the BIS is satisfied that the products meet the standard requirements, it shall grant the BIS certification. When the BIS certification is granted to the foreign manufacturer or overseas applicants, they should pay an annual minimum marking fee and annual license fee.

Hallmarking – Applicable for articles made from precious metals like gold and silver

ECO Mark Scheme – Applicable for products affecting or related to the environment. The BIS also provides certification to environmentally friendly products under the ECO mark scheme. Under this scheme, BIS categorises all environmental products that conform to the basic requirements under Indian Standards. The BIS grants an ‘ECO’ logo along with an ‘ISI Mark’ for the products. 

The logo and mark indicate that the product meets certain environmental criteria and the relevant Indian Standards quality requirements. A single mark is granted to the products, which will be the combination of the ISI mark and the ECO logo. 

The procedure to get the BIS license under the ECO mark scheme is similar to obtaining a BIS license for domestic manufacturers under the normal or simplified registration procedure. When a manufacturer already has a valid BIS certification mark for a product and wants to get a new product covered under the ECO mark scheme, the manufacturer has to make a specific request to the BIS. The BIS will take the required steps for grant of BIS license under the ECO mark scheme.

Obtaining the BIS registration is essentially voluntary in nature. However, BIS requires compulsory certification for products which impact the health and safety of consumers. Mandatory certification scheme is bifurcated into ISI (Indian Standards Institute) Mark Scheme and Compulsory Certification Scheme (collectively referred to as ‘Standard Mark’). ISI Mark Scheme is applicable for products such as cement, electrical appliances, baby food, etc. and Compulsory Certification is required mostly for IT/ electronic products. For procurement of the BIS certificate, the manufacturer has to ensure that the product is in compliance with the ‘Indian Standard’.

‘Indian Standard’ has been defined under the Act as the standard set and published by the BIS, with regards to any article or process which is indicative of the quality and specification of such article or process and also includes: (i) Any standard recognized by the BIS and (ii) Any standard established and published, or recognized, by the ISI and which is in force immediately before the date of establishment of BIS.

Role of BIS

The Bureau of Indian Standards Act 2016 further proposes to increase the scope of BIS by allowing theUnion government to make the standard mark mandatory for certain specified products, items, and processes.

It also enables for a variety of compliance assessment methodologies that are in line with best world w standards.

According to the Bureau of Indian Standards Act 2016 provisions, the Union Government has made step increase the ease of doing business. It will also allow any other agency with the requisite certification to conduct conformity assessments against Indian standards. The law would also allow for self-certification and market monitoring

BIS- Offences, Punishment and Enforcement Activity

The Act empowers BIS to pass orders granting, suspending or rejecting a license. Any violation of the provisions of the Act and the non-compliance with the standards set by BIS is punishable with either imprisonment for a period of one year or with a fine extending up to INR 50,000.

BIS also carries out enforcement activity to curb the use of Standard Mark or its imitation by unscrupulous traders and manufacturers not holding a valid BIS license. The objective behind these enforcement activities is to protect consumers from being misled about quality of products that are marked with the BIS Standard Mark. Enforcement raids, which include search and seizure operations are carried out against traders and manufacturers on the basis of intelligence collected regarding misuse of the Standard Mark and where required, prosecution cases are filed in the court of law.

BIS Registration Procedure

The BIS registration procedure generally involves the licensing process and surveillance process. The following steps are involved under the licensing process:

• The manufacturers submit the BIS registration application 
• The BIS officer will visit the factory for a preliminary inspection
• After the inspection, the product samples will be tested 
• After completion of the evaluation, the BIS officer will derive the final result 

After the inspection process, the inspecting officer will conduct the surveillance process to conduct a complete survey of the factory. The following steps are involved under the surveillance process:

• The inspecting authority will visit the factory to testify the test results
• The inspecting officer will send the samples to the independent labs
• The test report will give feedback or brief the complaint on the investigation
• The performance review report will be prepared
• Once the report is reviewed, the BIS license is granted

Documents Required for BIS Certification

The documents vary depending on the type of BIS registration scheme. However, the general required documents that a manufacturer needs to submit to the BIS for obtaining BIS certification are as follows:

• Name and address proof of office and factory
• Document showing the establishment of the manufacturing unit such as Incorporation Certificate or Registration Certificate or Memorandum of Association, etc.
• MSME/SSI certificate, if applicable
• Manufacturing process flow covering all processes of manufacture (from raw material to finished product stage)
• Manufacturing machinery list along with the machinery details
• Details of outsourcing of manufacturing operation, if applicable
• A detailed list of testing facilities and testing equipment list
• Copies of valid calibration certificates of testing equipment 
• Third-party laboratory test report as per Indian Standards, if applicable
• Layout plan of the factory premises and location plan of the factory
• In-house or independent test report, if applicable
• In case the application is signed by the authorised signatory, the authorisation letter from CEO in the authorised signatory name
• In case of a foreign manufacturer or overseas applicant, nomination details of Indian agent and nomination form

Validity of BIS Certification

The BIS certification issued by the BIS is valid for two years. The manufacturers can renew the BIS certification when there is no change in the concerned products and prescribed standards. The renewed BIS certificate will be valid for at least one year and a maximum of five years.

The renewal of the BIS certificate is subject to an annual advance minimum marking fee and license fee. However, if the renewal application of the BIS certification is filed after the expiry period of the certificate, the applicant needs to pay a late fee of Rs.5000.

Benefits of BIS Certification

The BIS registration provides the following benefits:

• Ensures quality standards as BIS registration products are bound to follow a certain standard while manufacturing the goods
• Gives authenticity to BIS certified products as they deliver high-quality performance and reliability
• BIS certified products minimise environmental risks as BIS has prohibited the usage of certain chemicals and materials under its prescribed norms
• BIS registration is granted after testing the samples of the products in BIS set-up laboratories, ensuring quality inspection and high-quality of products

Conclusion

BIS is responsible for the quality check of various products and services across 14 different sectors. The quality certification of these products safeguard people from several health and safety hazards. In the era of globalization and the growing importance of ensuring conformity with standards in global trade, BIS has huge significance and responsibility. The conformity assessment procedures have become increasingly important in the modern day and hence, BIS plays a critical role in strengthening Indian trade and exports. The Product Certification Scheme is regarded as one of the biggest around the world, with around 26500 licensees covering no less than 900 products.BIS Certification is fundamental to the use of the mark on their products.