FAQ’s on Market Surveillance
1. Where to display logo; Whether it should be on product or packaging or on
both?
The logo can be placed either on product and/or packaging as specified in the
Conformity Assessment Guideline issued by BIS to use the Standard Mark, however, as
far as possible, the Standard Mark should be affixed on the product as well as
packaging.
2. How the revised market surveillance will ensure random selection of
samples from the market? Will the market surveillance be executed for all
the registrations or will it done in a random manner.
The surveillance is executed for registered manufacturers wherein the registration no
and the model to be picked up are randomly selected from the list of registrations and
models registered against the respective Registration Number.
3. How market surveillance will ensure product compliance on all
modes/platform for sales in the country like online & GeM.
For ensuring compliance, surveillance samples would be purchased from the open
market/e-commerce website/Govt. e-market place (GeM) etc.
4. What are the implications, in case any non -registered product is
found/available at retailer/distributors/e-commerce website or any sales
platform as per the notified regulation CRO.
In such cases, the action would be taken up as per the provisions of BIS Act/Rules and
“Compulsory Registration Order (CRO)”.
5. What is the time frame to complete the market Surveillance?
It is not feasible to define the time frame to complete the surveillance as the timelines of
safety testing depends on many factors, e.g. testing duration, workload available with
the test lab, the time taken by the manufacturer/LR to share technical
details/documents/data with the lab, etc. Moreover, depending on product type/category
the testing period may also vary from 6-8 weeks .Once the test report is received, the
same would be reviewed & necessary action would be taken.
6. What is the procedure to get the tested sample from the test lab?
After completion of the surveillance, MeitY sends e-mails to the manufacturer/LR,
collection agent and test lab through ESI portal and thereafter, the manufacturer/LR can
contact the test lab to collect the tested samples.
7. What will be the timeframe to arrange the sample which are not available in
the market/imported back to back or made to order?
The manufacturer have been requested to provide charges for surveillance, declaration
about models which are not sold in the market etc. vide letter no 37(7)/2017-IPHW
dated 26-12-2018.The time frame for collection of samples would be as mentioned in
the market surveillance policy notified by MeitY.
8. Will it be MeitY or STPI who will notify the Brand and Manufacturer?
MeitY initiates surveillance through ESI portal and the Orders are released electronically
(by e-mail) to the manufacturer, local representative (LR), designated test lab and
collection agency for executing Surveillance.
9. How will samples for batteries be picked from market, as batteries require
22 samples for testing?
The manufacturer have been requested to provide charges for surveillance, declaration
about models which are not sold in the market etc. vide letter no 37(7)/2017-IPHW
dated 26-12-2018.The samples would be collected as per the provisions of the market
surveillance policy notified by MeitY.
10. Will the Market Surveillance Portal be accessible to the Brand and
Manufacturer on real time basis?
Presently the Manufacturer/LR can view the status of surveillance of respective
registrations, latest news/updates etc on real time basis at http://electronicstds.gov.in.
11. What happens to the status of the Registration Number of the product if
the cells or device undergo cancellation under Market Surveillance?
For the safety of the consumers, the product should have pre-certified /registered (if
notified under CRO) safety critical components only. If the registration of the
manufacturer of cells/devices incorporated in the products cancelled, the product
manufacturer shall change the vendor and use registered cells/devices in the product,
however, in case the end product has been manufactured before the cancellation of the
registration of the cells/devices, the registration number would not be cancelled and
manufacturer would be asked to take corrective action.
12. In reference to advance deposit, will the deposit be based on Brand
/Manufacturer or as per registration?
As per the provisions of the Compulsory Registration Scheme (CRS) of BIS Act, 1986,
the manufacturer has to bear the charges for surveillance activity. The surveillance
charges would be levied as per the market surveillance policy.
13. How STPI will ensure that the sample picked-up from the open market is a
genuine product, supplied by the BIS registered Company?
STPI will contact the manufacturer and /or AIR to accompany the STPI representative
during the process of sample collection from the market. In case, the AIR gives a
declaration that he will not accompany STPI in picking up the sample, MeitY’s decision
will be final regarding the sample picked up.
14. What will be the basis of the market surveillance?
The routine random surveillance is executed for registered manufacturers, wherein the
registration no and the model to be picked up are randomly selected from the list of
models registered against the respective Registration Number (R. No.).
15. Would the administrative failures and product failures be treated
differently?
The Order Status that notified products shall comply to Indian Standard and the labeling
requirements of “Compulsory Registration Scheme”. Any non –compliance to the Order
would be treated as failure. The Order does not stipulate anything like “administrative
failure”.
16. To whom the notice of market surveillance be sent LR or OEM or Both.
The notice concerning market surveillance is sent to the manufacturer and/or Local
Representatives (LR) of the manufacturer as per the contact detail given in the
Registration Number.
17. Does Surveillance portal part of existing BIS CRO portal or it will be a
standalone?
The BIS portal “crsbis.in” and “electronicstds.gov.in” are two independent portals.BIS
grants registrations using its own portal i.e., “crsbis.in” and MeitY execute surveillance
through “Electronic Standards of India (ESI)” portal i.e.,”electronicstds.gov.in” using the
registration data maintained by BIS.
18. Does surveillance fee receipt will have R. No. reference for account
reconciliation?
Presently, STPI handles all the finance related matters. The detail of all the registration
numbers would be available to the manufacturer against which payment has been made
by the manufacturer/LR.
19. If lab requires, some technical assistance during testing then how
STPI/OEM will support the lab?
If the lab requests technical assistance, the manufacturer/LR shall give demonstration
on working of the equipments & technical support during abnormal condition test.
Further manufacturer/LR shall provide the details of safety certified
components/technical documents of product, insulating material/PCB etc. required for
safety testing of the product. STPI is only responsible for picking up the sample &
delivering it to the lab for testing and has no role to play in the process of testing
activities.
20. In some cases, after the registration the commercial launch is delayed or
the first shipment arrive after 3-4 months or later post BIS registration
which is a very normal biz scenario. In this case the surveillance should
start once the first shipment arrives in India.
The surveillance can be executed anytime after the grant of registration by BIS as per
the provisions of market surveillance policy.
21. Why the manufacturer/LR need to provide list of registrations with model
numbers ?
BIS grants registration and MeitY executes surveillance using the database maintained
by BIS. The registered models in the BIS database do not provide information about the
cost of the registered models and model type, e.g. whether the particular model is
made-to-order or a regular model which is easily available in the open market. For
seamless implementation of market surveillance, the manufacturer/LR shall provide the
aforesaid information. Moreover, it is envisaged that the manufacturer/LR shall update
the information, in case of any change.
22. Why the MRP of the products is being asked since it is a dynamic entity
which may not remain the same throughout a products lifecycle?
As per the provision of registration scheme, the manufacturer has to bear the cost of the
surveillance. The information is being gathered for executing surveillance, which
includes the sample cost, testing cost etc.
23. What will be the implications, in case the manufacturer/LR does not
deposit the requisite surveillance charges?
It will be treated as violation of the Order and the cases will be considered for necessary
action as per the provisions of CRO and BIS, Act 1986 & Rules, 1987.
24. Why the declaration regarding made-to-order models is required and what
will happen if any made-to-order model declared by the manufacturer
found in open market?
The registered manufacturers/LRs are requested to provide list of registered models in
terms of made-to-order and off-the-shelf (easily available in the open market).This will
facilitate executing surveillance in an efficient manner as the timelines for picking
samples for made-to-order/off-the-shelf are different. Further for made-to-order
products, the manufacturer need not deposit the cost of sample in advance.
In case, after declaration the category of the model/product gets changed from the
made-to-order to off-the-shelf or vice versa, the manufacturer/LR shall amend the
declaration which was provided earlier. In case, the claim of the manufacturer/LR is
found to be misleading at any stage, MeitY may consider the case for further necessary
action as per BIS Act/Rules. The details are given in letter no 37(7)/2017-IPHW dated
26.12.2018 available in the website.
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