Conditions of Certificate of Conformity to be complied with under BIS (Conformity Assessment) First Amendment Regulations, 2021

Background

The Bureau of Indian Standards Act, 2016 was enacted to replace the earlier Bureau of Indian Standards with the objective of strengthening the quality ecosystem in India and aligning it with global best practices. This legislation significantly broadened the mandate of the Bureau of Indian Standards (BIS), the national standards body of India, by introducing new provisions related to standardization, marking, and conformity assessment of goods, services, processes, and systems.

Under this Act, the BIS has been empowered not only to frame standards but also to enforce mandatory certification for critical products and services to ensure public health, safety, environmental protection, and fair trade practices. It allows the central government to notify certain goods or articles that shall conform to Indian Standards and bear the Standard Mark under compulsory certification.

In furtherance of these powers, the Bureau of Indian Standards (Conformity Assessment) Regulations, 2018 were introduced. These regulations define the procedures, schemes, and mechanisms for granting, monitoring, and renewing various types of conformity assessments

Procedure for Grant of Certificate of Conformity (Section 13)

A person may apply for grant of certificate of conformity as the case may be, if the goods, article, process, system or service conforms to an Indian Standard.

Where any goods, article, process, system or service conforms to a standard, the Director General may, by an order, a certificate of conformity in a manner as may be specified by regulations, subject to such conditions and on payment of such fees, including late fee or fine, before or during the operation of the certificate of conformity or licence, and as determined by regulations.

Conditions of Certificate of Conformity (Regulation 14)

(1) The holder of certificate of conformity shall be responsible for the conformity of the goods, article, process, system or service to specified requirements in relation to which certificate of conformity is issued.

(2) The holder of certificate of conformity shall not use the certificate of conformity in relation to goods, articles, process, system or service that are non-conforming or outside the scope of the certificate of conformity.

(3) The certificate of conformity shall not be used in relation to any goods, article, process, system or service during deferment or suspension, as the case may be, and after expiry or cancellation of the certificate of conformity, as the case may be.

(4) The holder of certificate of conformity shall comply with the provisions of the conformity
assessment scheme under which certificate of conformity is granted, including labelling and marking requirements.

(5) The holder of certificate of conformity shall maintain records as specified by the Bureau from time to time.

(6) The holder of certificate of conformity shall provide the Bureau all assistance in connection with carrying out inspection or audit or evaluation, as applicable, at its premises and such assistance shall include sending samples which have been marked and sealed by the certification officer to the designated office or laboratory and ensuring that such sample is dispatched to the designated office or laboratory within seven days from the date of inspection, audit or evaluation
(7) The holder of certificate of conformity shall provide information relating to production covered
under certificate of conformity as and when it is required by the Bureau.
(8) If the certificate of conformity is granted in relation to goods or articles, the holder of certificate of conformity shall provide the list of consignees, distributors, dealers or retailers, as the case may be, to whom goods or articles under certificate of conformity is supplied.

(9) The certificate of conformity shall not be transferred to any person without the prior approval of the Bureau.

(10) If a complaint regarding quality of any goods, article, process, system or service covered under certificate of conformity is established, the holder of certificate of conformity shall take suitable corrective actions so as to eliminate recurrence of complaints in future.

Types of Conformity Assessment Schemes under Which Registration Can be done

Penalties & Punishments

Contravention of the provisions of the Act/Rules/regulations may lead to imposition of such penalty as deemed fit by the BIS/appropriate authority

 Conclusion

The Bureau of Indian Standards (Conformity Assessment) Regulations, 2018, framed under the BIS Act, 2016, establish a comprehensive and structured mechanism for ensuring that products conform to prescribed Indian Standards. The process from selection, application, and determination, to grant of license and post-licensing surveillance ensures that only quality-assured products reach the market. The structured use of standardized forms across various stages enhances transparency, traceability, and compliance.

Penalties & Punishments

Contravention of the provisions of the Act/Rules/regulations may lead to imposition of such penalty as deemed fit by the BIS/appropriate authority

 

Conclusion

The Bureau of Indian Standards (Conformity Assessment) Regulations, 2018, framed under the BIS Act, 2016, establish a comprehensive and structured mechanism for ensuring that products conform to prescribed Indian Standards. The process — from selection, application, and determination, to grant of license and post-licensing surveillance — ensures that only quality-assured products reach the market. The structured use of standardized forms across various stages enhances transparency, traceability, and compliance.

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