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BIS CERTIFICATION PROCEDURE FOR FOREIGN MANUFACTURERS/EXPORTERS

Β Dated 10th Oct’2015

-BIS is operating a product certification scheme for foreign manufacturers. In this scheme, a licence can be granted for any product against an Indian Standard specifying product characteristics, which is amenable to certification.

The scheme operates on self-certification basis, whereby the manufacturer is permitted to apply the Standard Mark on the product after ascertaining its conformity to the Indian Standard licenced for. Through its surveillance operations, the Bureau maintains a close vigil on the quality of goods certified. Separate application is required to be submitted for each product/Indian Standard. The BIS licence is granted to the factory address at which the manufacturing takes place, final product is tested as per relevant Indian Standards and conforming product is applied with BIS Standard Mark. Those desirous of obtaining the BIS licence have to apply to BIS in the prescribed application form along with requisite application fee.

-The foreign manufacturer shall set up a liaison/branch office located in India with the permission of Reserve Bank of India, which shall meet all liabilities with respect to BIS Act, Rules and Regulations for purpose of the BIS licence. The requirement to set up an office in India shall not apply, if BIS enters into an MOU with the respective Foreign Government for implementation of BIS Act, Rules, and Regulations including the punitive provisions, or if the foreign manufacturer nominates an Authorized Representative located in India who declares his consent to be responsible for compliance to provisions of BIS Act 1986, Rules and Regulations on behalf of the manufacturer as per terms and conditions of the Agreement signed between BIS and the foreign manufacturer. The Authorized Representative may either be in-charge or a senior officer of the Indian office or a legally appointed agent of the manufacturer in India

-Licence is granted to an applicant if results of preliminary inspection(s) conducted by BIS Officers (normally not more than 2 officers) and testing of samples drawn during the preliminary inspection are satisfactory; the applicant has in-house requisite manufacturing & testing facilities (as per relevant Indian Standards) ; has competent testing personnel (permanently employed) ; agrees to comply with requirements laid down in Scheme of Testing & Inspection (STI) and undertakes to pay the BIS Marking Fee. Copy of STI (different for different products) is available with BIS and can be obtained any time on request/at the time of submission or recording of application/during visit.

-Immediately after grant of licence, the applicant is required to pay annual minimum marking fee and annual licence fee. Subsequently, the licensee is required to quarterly pay the fee based on production marked during the quarter as per prescribed marking fee rates.

-The initial validity period of the licence is one year. Licence can be renewed for further periods of one or two years subject to satisfactory operation of licence as observed during surveillance (periodic) inspections, satisfactory factory & independent testing of samples drawn from factory & market etc.

-At the end of validity, the licensee shall apply to BIS on the prescribed renewal form along with the renewal application fee + annual licence fee (for one or two years as applicable) + annual minimum marking fee + marking fees based on production marked during the preceding operative year of licence (less the amount already paid as quarterly fee). Prescribed application form for renewal of licence is required to be filled up and submitted to BIS along with applicable fee and requisite details/documents two months in advance for timely renewal of licence. The Schedule of various fee/charges to be paid by an applicant/licensee are different for SAARC Countries applicants & for Non-SAARC Countries applicants.

It would be in the interest of applicant, for expeditious processing of the case, to submit application for grant of licence only if following is satisfied:

-Manufacturing facilities are available with in the factory premises/address indicated in the application form (else, details are provided).

– All infrastructure to test the product in accordance with relevant Indian Standard is available in-house (else, details are provided along-with provisions of alternate arrangements made).

-The product conforms to the requirements specified in relevant Indian Standards (get a sample tested in your own laboratory and/or any accredited independent lab for all requirements as per relevant Indian Standards and enclose a copy of the test reports with application showing conformity of the product to ALL requirements indicated in the product specification).

SOURCE: GOVT. OF INDIA, Bureau of Indian Standards

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1.Β The views expressed are based on the interpretation of the relevant information/documents, applicable law, and government policy and there is no assurance that a court or tribunal or regulatory body or other governmental authority may not interpret it differently.
2.Β Β We are not responsible for updating or revising this article on account of any change in law or interpretation thereof or a change in events or circumstances informed or occurring after the date of this article unless specifically requested for it.
3.Β Our advice should not be taken or used out of context or reproduced for any other purpose or transaction.Β Views expressed in this update are strictly personal, based on our understanding of the underlying law.
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