Transition Facilitation (Quality Control) Order, 2026: A new route to BIS compliance

India’s quality control framework continues to expand at an unprecedented pace. In the year 2025 alone, 125 products were brought under mandatory BIS compliance requirements, through Quality Control Orders (‘QCOs’).[1] The BIS has reported that more than 1,437 product categories are currently covered under the mandatory BIS certification requirements.

The BIS regulatory framework is expected to expand further. The BIS has stated that more than 600 new Indian Standards were developed in 2025, bringing the total number of Indian Standards to approximately 23,293. Since the development of new Indian Standards frequently precedes the introduction of mandatory certification requirements, manufacturers can expect the number of products covered by QCOs to continue increasing in the coming years.

BIS licensing

The BIS (Conformity Assessment) Regulations, 2018 (‘BIS Regulations’) prescribe multiple schemes for licensing and certification of products. The licensing process for a product depends on the conformity assessment scheme specified under the relevant QCO.

These licensing schemes, which are ten in number and fall under Schedule II of the BIS Regulations, vary in terms of timelines, documentation, and compliance requirements. Historically, the applicable QCO and conformity assessment framework determined the licensing scheme under which a manufacturer was required to obtain a BIS License, leaving manufacturers with limited flexibility in selecting an alternative certification pathway. Typically, if any QCO falls under the Scheme I of Schedule II, it takes minimum one year for a foreign manufacturer to obtain a BIS license, while in the case of an Indian manufacturer, it is under three months. The timeline is shorter for products that fall under Scheme II of Schedule II.

The Transition Facilitation (Quality Control) Order, 2026

To provide some flexibility to manufacturers and develop strong manufacturing ecosystems in India at the same time, the Department for Promotion of Industry and Internal Trade (‘DPIIT’) issued the Transition Facilitation (Quality Control) Order 2026 (‘Transition QCO’) on 25 June 2025. 

The Transition QCO permits manufacturers of products covered under specified QCOs covered under Scheme I of Schedule II to alternatively obtain a licence under Scheme II of Schedule II.

The QCOs covered under the Transition QCO are as follows:

S. No.	Quality Control Order
1.	Toys (Quality Control) Order, 2020.
2.	Personal Protective Equipment- Footwear (Quality Control) Order, 2020.
3.	Air Conditioner and its related Parts, Hermetic Compressor and Temperature Sensing Controls (Quality Control) Order, 2019.
4.	Footwear made from All Rubber and all Polymeric Material and its components (Quality Control) Order, 2024.
5.	Footwear made from Leather and other Materials (Quality Control) Order, 2024.
6.	Electrical appliance for domestic water heating (Quality Control) Order, 2025.
7.	Electrical appliance for domestic clothes washing (Quality Control) Order, 2024.
8.	Hinges (Quality Control) Order, 2025.
9.	Furniture (Quality Control) Order, 2025.
10.	Safety of Household, Commercial and Similar Electrical Appliances (Quality Control) Order, 2026.

Scheme I versus Scheme II

Under Scheme I of Schedule II of BIS Regulations, a manufacturer is required to submit an application along with all relevant supporting information to the BIS. Once the application is examined, a BIS auditor is appointed, and a mandatory on-site factory inspection is conducted.

During the on-site factory inspection, samples of the products are packed and sealed at the factory under the supervision of the BIS auditor and then dispatched to a designated BIS approved laboratory in India for testing. Upon successful testing in the laboratory, the BIS grants a license to the manufacturer for a period of up to 5 years.

In practice, the period between filing the application and obtaining the license can often go up to one year, and in some cases, it could be longer.

Scheme II of Schedule II is a relatively simpler process, where manufacturers may obtain registration based on conformity demonstrated by submitting testing and supporting documentation, without the on-site audit requirements.

While it may seem that the Transition QCO shall shorten the BIS compliance timelines for manufacturers, it may be noted that there any many additional conditions attached. Under the Transition QCO, Scheme II can only be utilised by eligible domestic manufacturers or Indian importers, who will be granted permission by an Implementation Committee of the DPIIT, upon making an application.

The Implementation Committee will undertake a risk assessment and evaluate multiple factors like technical capabilities, manner of ensuring quality across supply chain, research and development, contribution to the Indian supply chain etc.

Period of effect of the Transition QCO

The Transition QCO will remain in effect for a period of five years, i.e., until 25 June 2031.

Importantly, the Transition QCO contains a savings provision under which permissions already granted by the DPIIT continue to remain effective for the validity period specified in the relevant DPIIT permission letter, even if such period extends beyond 25 June 2031.

Obtaining DPIIT’s permission to use the Transition QCO

The permission for applying for a BIS license under Scheme II has to be taken by a company incorporated under the Companies Act, 2013, meaning only an Indian company may obtain permission from the Implementation Committee.

Therefore, in case a foreign manufacturer wishes to obtain a BIS license under Scheme II, then an Indian counterparty is required to act as the applicant for obtaining the DPIIT’s permission. Only when the Indian counterparty is granted the permission, it will enable the foreign manufacturer to obtain a BIS license under Scheme II.

The DPIIT Implementation Committee shall undertake a risk assessment and shall assess multiple factors, including technical capability, ways of ensuring quality across supply chain, control over design and manufacturing, history of compliance with the relevant QCO, commitment to establish supply chain capabilities in India and other relevant considerations in public interest.

Timeline

The applications to obtain DPIIT’s permission are to be submitted within twenty-four (24) months from the commencement of the Transition QCO, i.e., until 25 June 2028.

Post approval compliance obligations

There are certain post approval obligations that applicants are required to undertake. These are:

·         Cooperation with market surveillance activities, where required;

·         Submission of an annual compliance report, certified by a practicing Chartered Accountant, regarding implementation of the conditions contained in the approval letter; and

·         Furnishing quarterly filings to DPIIT containing details of consignments of the licensed goods.

Thus, while Scheme II may simplify the certification process by eliminating the requirement of an on-site factory inspection, applicants remain subject to continuing regulatory oversight.

It is important to note that the Transition QCO is not merely a procedural alternative to Scheme I certification. The DPIIT's assessment framework places significant emphasis on an applicant's contribution to the development of manufacturing, design, research and development, and supply chain capabilities in India. Consequently, for foreign manufacturers in particular, demonstrating a tangible commitment towards investments and supply chain development in India is expected to be a key consideration in obtaining DPIIT permission under the Transition QCO.

Given the nature of these requirements, the decision to pursue certification through the Transition QCO is ultimately a commercial one, requiring manufacturers to assess whether they are in a position to satisfy the broader manufacturing development objectives embedded in the framework of the Transition QCO.

[The authors are Partner and Senior Associate, respectively, in BIS practice at Lakshmikumaran & Sridharan Attorneys]

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[1] Highlights of BIS achievements, available here, last visited 31 July 2026.