In the previous issue of LKS BIS Amicus, we threw light upon various aspects of the Product Certification Scheme, i.e. Scheme-I of the Bureau of Indian Standards (BIS). The next Scheme listed under the BIS (Conformity Assessment) Regulations, 2018 is Scheme-II, also known as the Registration Scheme, and involves self-declaration of conformity. Till date, BIS has issued 6 QCOs under this scheme, covering a total of 73 products.
This scheme largely distinguishes from Scheme-I in terms of its scope, nature of the registration process, BIS marking, application timeline, etc. In this article, we shall delve into all these aspects in detail.
Scheme II: An overview
Scheme-II operates under the BIS (Conformity Assessment) Regulations, 2018, allowing manufacturers to self-declare that their goods or articles comply with the relevant Indian Standards without requiring BIS factory inspections.
As per the provisions of this scheme, the manufacturer shall ensure that the product has been tested for conformity against all the requirements of the Indian Standard and submit an undertaking as per the prescribed form. In addition, a test report must be submitted, which is issued by a third-party laboratory as per the sampling guidelines available for the specific product.
Registration procedure
A detailed step-by-step process of registration scheme of BIS has been discussed below:
- For grant of registration as per Scheme-II of BIS, applicants must first sign up/ login using their credentials at the Bureau Of Indian Standards website.
- Along with the application, applicants must also submit the original test reports issued from BIS-recognised laboratories. Keep in mind that such test report shall be submitted within 90 days of its issuance.
- All foreign applicants having no liaison office or branch office located in India shall be required to appoint an Authorized Indian Representative (‘AIR’) in accordance with the guidelines issued by the BIS, in the nomination form as prescribed.
- Applicants must refer to the checklist provided and submit other documents, including affidavits cum undertakings along with the application.
- Next, applicants must submit the fee as per the specific fee structure for CRS, as provided here.
- Within 15 days of online submission, applicants must also submit hard copies of the same. In case of non-receipt of such hard copies within 15 days, BIS shall treat the application as closed.
- Upon receipt of all the required documentation, BIS will scrutinize the applications.
- In case of any queries, BIS shall raise the same online and the response whereof shall be recorded online as well. The shortcomings communicated must be complied by the applicant without any delay.
- Once query(s) is satisfactorily resolved and affidavit cum undertaking has been submitted, BIS proceeds with the grant of registration.
- The grant of Registration letter is uploaded on the applicant’s portal.
- Market Surveillance: The BIS may draw samples from the market or in-transit and send such samples for testing to a third-party laboratory along with test request.
- Registration is initially granted by BIS for 2 years which must be renewed after every 2 years.
Timeline
The entire process is typically faster than Scheme I, taking approximately 30-45 days, depending on the completeness of documentation.
Relevant Forms under Scheme – II
- Form - I (Application form for grant of new licence)
- Form - II (Format for undertaking of test report)
- Form - III (Format for affidavit)
- Form - IV (Format for letter of nomination of Authorized Indian Representative)
- Form - VI (Application form for renewal of licence)
- Form - VIII A (Form for Inclusion/ model withdrawal)
- Form - VIII B (Form for change of other details in the scope of licence)
Who can apply for registration under Scheme-II of BIS?
Manufacturer (or factory owner) of any product, which comes under the ambit of the Compulsory Registration Order (CRO) notified by the Ministry of Electronics and Information Technology (MeitY), Ministry of New and Renewable Energy (MNRE), Ministry of Chemicals and Fertilizers, and Ministry of Textiles.
Quality Control Orders (QCOs) issued under Scheme-II
At present, the Central Government has issued 6 QCOs under Scheme-II, covering a total of 73 products.
Marking requirements
Upon grant of license, the licensee must display the ‘Standard Mark’ on the article or the packaging, as the case may be, in a manner so as to be easily visible.
The Self-Declaration of Conformity (SDoC) mark for the purpose of demonstration of conformity under Scheme-II of BIS is as provided below:
As evident from the above, the SDoC mark also includes the unique registration number assigned by BIS.
Challenges and future outlook: LKS Comments on Scheme-II
It is no surprise that Scheme-II of BIS involves a much simpler and shorter process as compared to Scheme-I, i.e. the Product Certification Scheme. However, there are few challenges associated with the scheme that can’t be overlooked.
For instance, the Registration scheme relies heavily on the manufacturer’s integrity, which may raise potential concerns over non-compliance. In addition, as it is with any other scheme, non-compliance can lead to penalties, including cancellation of registration and legal consequences under the BIS Act, 2016.
Nonetheless, Scheme II of BIS exemplifies a balanced approach to quality assurance by combining regulatory oversight with self-regulation. Its success lies in enabling manufacturers to ensure product compliance while maintaining consumer safety.
To enhance its impact, BIS could consider:
- Introducing random audits for self-certified products;
- Extending the scope of Scheme II to more product categories under QCOs; and
- Enhancing public awareness about the SDoC mark.
With such measures, Scheme II will continue to foster a culture of quality and reliability in the Indian market while supporting the nation’s goal of becoming a global manufacturing hub.
[The article is written by BIS Team at Lakshmikumaran & Sridharan Attorneys]