Background
The Electronics and Information Technology Goods (Requirement of Compulsory Registration) Order, 2021 was issued by the Central Government under the Bureau of Indian Standards Act, 2016 to ensure that electronic and IT products meet prescribed safety and quality standards.
Applicability
The Order applies to goods listed in the Schedule of the Order and requires them to conform to the corresponding Indian Standard and carry the Standard Mark under a license from BIS.
Compliance Requirement under the Order
Concurrent Running with Electronics and Information Technology Goods (Requirement of Compulsory Registration) Order, 2012: – Nothing in the Order shall apply in relation to goods or articles, which are having valid registration number as per the provisions of Electronics and Information Technology Goods (Requirement of Compulsory Registration) Order, 2012″. However, the registration would be renewed under the provisions of “Electronics and Information Technology Goods (Requirement of Compulsory Registration) Order, 2021
Goods or articles specified in the column (2) of the Schedule below shall conform to the corresponding Indian Standard given in the column (3) of the said Schedule and shall bear the Standard‘ Mark under a license from the Bureau of Indian Standards as per Scheme-lI of Schedule-II of Bureau of Indian Standards (Conformity Assessment) Regulations, 2018, provided that nothing in the Order shall apply in relation to goods or articles, as specified in the column (2) of the said Schedule for export which conform to the specification required by the foreign buyer. Further, the Ministry of Electronics and Information
Technology may exempt, the application of this order to specific article or type or range of products mentioned in the Schedule for reasons to be recorded in writing and as identified by it from time to time.
HSE as per the criteria given below shall stand exempted from application of this Order based on specific exemption issued by Ministry of Electronics and Information Technology under Para 2 of Gazette notification S.O. No 1248(E) dated the 18th March, 2021, as amended by S.O. 1929 (E) dated 26th April 2023, provided they are manufactured/ imported in less than 100 units per model per year:
a. Equipment Powered by three phase power supply or
b. Equipment Powered by single phase power supply with current rating exceeding 16 Ampere or
c. Equipment with dimensions exceeding 1.5 m x 0.8 m or
d. Equipment with weight exceeding 80 Kg
Penalty and Punishment
U/s 29(3) of BIS Act 2016 – Any person who contravenes the provisions of section 17 (Prohibition to manufacture, sell, etc., certain goods without Standard Mark.) w.r.t order issued under Section 16 (implied) shall be punishable with imprisonment for a term which may extend up to two years or with fine which shall not be less than two lakh rupees for the first contravention and not be less than five lakh rupees for the second and subsequent contraventions, but may extend up to ten times the value of goods or articles produced or sold or offered to be sold or affixed or applied with a Standard Mark, including Hallmark, or with both. Provided that where the value of goods or articles produced or sold or offered to be sold cannot be determined, it shall be presumed that one year’s production was in such contravention and the annual turnover in the previous financial year shall be taken as the value of goods or articles for such contravention.
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