Nomination of AIR

• The Authorized Indian Representative (AIR) shall be an Indian resident. He shall declare his consent to be responsible for compliance to the provisions of the BIS Act, Rules, Regulations and Terms & Conditions laid down in BIS Licence, Agreement, Undertaking etc. executed by or on behalf of the foreign manufacturer in connection with grant and operation of the licence.
• AIR is representative of one manufacturing firm only and doesn’t represent other foreign manufacturer(s) as AIR under the BIS Conformity Assessment schemes. However, in case of foreign manufacturers belonging to one group of companies and importers (related to the foreign manufacturer) nominated as AIR, the restriction shall not be applicable.
• The Incharge of the branch /office in India of the foreign manufacturer or a senior person of the branch/office shall be nominated as the AIR. In case, there is no such branch / office established in India or till it is established in India , the foreign manufacturer shall nominate an AIR in the prescribed format on its letter-head.
• In case of change of the AIR and/or his address, the manufacturer shall be required to inform BIS in advance.
• AIR(s) shall not have any conflict of interest with respect to their role as AIR with testing of sample(s) in third party laboratories.
• AIR(s) shall be preferably at least graduate by qualification and shall understand the provisions of BIS Act, 2016 and rules, regulations framed thereunder and the implications thereof.

Nomination of Authorised Indian Representative ( AIR) by foreign manufacturers ( Applicant and licensee)

The applicant/licensee shall nominate AIR in the Form – VI of Scheme – I for operation of their BIS licence. AIR shall be the person, located in India, nominated and legally appointed by the manufacturer for the purpose of compliance with terms and conditions and provisions of BIS Act, 2016, rules and regulations framed thereunder. For nominating an AIR, the applicant/licensee shall ensure the following:

a)  AIR shall be an Indian resident.

b)  In case the foreign manufacturer has a branch/office in India, the employee of that branch/ office may preferably be nominated as the AIR.
In case the foreign manufacturer does not have a branch/office in India, they can nominate any person legally appointed by them as AIR subject to fulfilment of these guidelines.

c)  AIR shall not have any conflict of interest with respect to their role as AIR with testing of sample(s) in third party laboratories.

d)  AIR shall be at least graduate by qualification and shall understand the provisions of BIS Act, 2016 and rules, regulations framed thereunder and the implications thereof.

e)  AIR shall declare his/her consent to be responsible for compliance of the BIS Act, Rules, Regulations and Terms & Conditions as laid down in BIS Licence, Agreement, Undertaking etc. executed by or on behalf of the foreign manufacturer in connection with grant and operation of licence.

f)  The name of AIR is endorsed in the licence document.

g)  The manufacturer shall ensure that his authorised representative does not remain unrepresented at any time during the operation of licence.

h)  In case of change of the AIR and/or his address, the manufacturer shall be required to inform BIS well in advance.

i) Responsibilities of AIR:

1)   AIR shall ensure compliance of terms and conditions of the agreement signed by them, provisions of the Bureau of Indian Standards Act 2016, and rules and regulations framed there under and applicable Indian laws.

2)   The Bureau may ask its authorised representative to appear before it for personal representation as and when required.

3)   He shall not engage in any unethical practices such as communicating with lab with regard to testing of BIS samples(except for deposition of sample and payment of testing charges), tampering of documents, misrepresentation of facts, etc.

4)   He shall maintain the confidentiality of all the information.

5)   He shall facilitate and ensure drawl of Market Sample from the consignments
being imported to India bearing standard mark.

j)   In case of non-cooperation of AIR, action will be taken as per BIS (Conformity Assessment) Regulations, 2018 which may include suspension/cancellation of licence.

Last Updated on September 27, 2024