What is the need for obtaining a BIS registration and why is it important in India?
To begin with, one of the objectives of the World Trade Organization is to facilitate trade amongst countries smoothly. However, there are technical barriers to trade which can impose unreasonable restriction for a manufacturer in another country to sell its products in India. Not to mention this, the government is adding more and more products in various categories, wherein one has to obtain a compulsory BIS registration. More products added to the list in the past two years as compared to the past six-seven years.
The technical regulations related to the Quality Control of the product are issued either by the:
- Regulatory bodies which are set up by the government like FSSAI (for food and related products), CDSCO (for drug-related products), or
- Ministries like Department for Promotion of Industry and Internal Trade (DPIIT), Department of Heavy Industries (DHI), etc.
How can a manufacturer check whether BIS is applicable to their product or not?
The manufacturer has to continuously check the Website of the Bureau of Indian Standard (https://bis.gov.in/)
On the other hand, the product certification in BIS registration fall under 2 categories:
- Compulsory Registration Scheme (CRS): It covers Electronics, IT Goods, and Renewable Energy (Solar Products). License is granted for initial 2 years. Eventually, we can renew for another 2-5 years. Furthermore, the link to see the list of products under CRS (https://bis.gov.in/index.php/product-certification/products-under-compulsory-certification/scheme-ii-registration-scheme/)
- ISI Mark Scheme: It covers product categories ranging from Cement, Electrical goods, Food & related products, Medical equipment, etc. License is granted for an initial period of 1 year . Eventually, we can renew for a period of 1-5 years. Furthermore, the link to see the list of products under mandatory BIS registration (ISI) (https://bis.gov.in/index.php/product-certification/products-under-compulsory-certification/scheme-i-mark-scheme/)
If a manufacturer manufactures a particular kind of product, he has to check the applicable standard carefully as each and every requirement described in the standard is required to be complied with by the applicant manufacturer. Furthermore, BIS won’t grant the license if the conditions of the standards don’t get fulfilled. However, in case of different specifications of products, applications can be filed with the concerned Ministry for No Objection Certificate (NOC). Indian customs will clear the goods upon receipt of NOC. Nevertheless, for every shipment which arrives in India, the manufacturer obtain s the NOC from the BIS authorities.
How to Obtain a BIS registration License for electronics and IT goods?
CRS registration process:
Firstly, for the purpose of registration, it starts with the creation of a login ID and password on the portal of BIS, followed by testing of samples at the BIS-approved lab. Submit the lab report along with application and enclosures to BIS and pay the application fees. On the other hand, BIS starts scrutinization of documents and test reports. If everything seems to be as per guidelines and norms, BIS grants the registration license.
ISI Registration process:
Secondly, for the purpose of ISI registration, the manufacturer identifies the Indian Standard applicable to his product. Accordingly, he has to choose grades under which his product category will fall within the same Indian Standard. Consequently, he has to prepare an application with all the necessary documentation. Moreover, BIS issues an inspection letter if all the documentation is as per the requirements. Alternatively, a nominated officer visits the applicant manufacturer’s place for verification of documents and inspection of process. And so officer gets the testing of samples done in his presence and collect the test report. Under those circumstances, samples are also taken, sealed, and sent to BIS approve lab for testing. Consequently, test report of the sample, report, and recommendation of visiting BIS officer facilitates to grant a BIS registration license to the manufacturer if everything is as per norms and guidelines.
Who can be an applicant?
To begin with, the applicant can only be a manufacturer. Accordingly, an applicant cannot be an intermediary or connected party. However, if the manufacturer is having two different premises for a product he manufactures, then he has to file two different applications. The BIS registration is for the quality of the product. Additionally, it takes 6 months after filing an application to obtain a BIS registration and it takes a month to file an application because preparation of application and enclosures are time-consuming.
What is the Application fees to be paid by the manufacturer for products under ISI Scheme?
|Sl. No.||Particulars||Approximate Fee/Expense in USD|
|2||Lab Testing Charges||1,000|
|3||Inspection Charges per IS||575|
|4||Per Diem Expense per IS||500|
|5||Minimum Marking Fee per year (depends on IS)||1,250|
|6||Performance Bank Guarantee||10,000|
Additionally, applicant bears the expenses for a travel ticket, insurance, visa, stay of an officer during the inspection. In addition to that, expenses for Sample Transportation is also to be borne by the applicant.
If for a long time the manufacturer is selling his product in India and suddenly that product requires a mandatory BIS registration in India. What are the possible consequences?
In the event that the regulatory authorities include certain product categories in the list which require BIS registration in India then it becomes mandatory for the manufacturer to get a license. Alternatively, the consequence of not obtaining the license is, he cannot sell, store, or import his product into India. Unless and until BIS authorities grant the license, customs won’t allow clearing the goods.
However, the date of publication of the order by the regulatory authorities and the date of implementation of the order are different. Therefore one needs to read the Quality Control Order carefully.
Generally, the manufacturer in the other country is notified by the buyer in India that he has to obtain a license for his product. Moreover, the consequence of not obtaining the BIS registration license would result in the termination of his selling in India.
And generally through webinars like this, they get to know about the latest trends and updates on the BIS registration and the process of obtaining a license.
On 10th December 2020 IndiaConnected and M+V connected hosted a webinar wherein our expert Dhrub Thakur, Head of the Legal Department at M + V, describes everything you need to know about the BIS registration topic.