Electrical Capacitors (Quality Control) Order, 2017 - Indian Laws - F. No. 14(85)/2011-LEI(Part File) - S.O. 2434(E)

MINISTRY OF COMMERCE AND INDUSTRY (Department of Industrial Policy and Promotion) ORDER New Delhi, the 1 st August, 2017 S.O. 2434(E).- In exercise of the powers conferred by section 14 of the Bureau of Indian Standards Act, 1986 (63 of 1986), the Central Government, after consulting the Bureau of Indian Standards is of the opinion that it is necessary and expedient so to do, in the public interest hereby makes the following Order, namely : 1. Short title and commencement - (1) This Order may be called the Electrical Capacitors (Quality Control) Order, 2017. (2) This Order shall come into force with effect from 01.02.2018 2. Definitions -In this Order, unless the context otherwise requires.- (a) Act means the Bureau of Indian Standards Act, 1986 (63 of 1986); (b) appropriate authority means.- (i) any officer not below the rank of an Under Secretary to the Government of India; (ii) an officer not below the rank of a General Manager, District Industries Centre of a State Government; (iii) Director or Commissioners of Industries of State Governments; (iv) an officer nominated by the Director General, Bureau of Indian standards. (c) Bureau means the Bureau of Indian Standards established under section 3 of the BIS Act; (d) electrical capacitors means the items specified in Schedule annexed to this order. (e) dealer , in relation to electrical capacitors means a person who, or a firm or a Hindu Undivided Family which, carries on, directly or otherwise, the business of manufacturing, buying, selling, supplying or distributing the products electrical capacitors and accessories, whether in cash or for deferred payment or for commission, remuneration or other valuable consideration; (f) manufacturer , in relation to electrical capacitors means a person who, or a firm or a Hindu undivided family which produces, makes, manufacturers electrical capacitors and includes a person who, or a firm or Hindu undivided family which claims electrical capacitors to be produced, made, manufactured by any such person or firm or Hindu undivided family, as the case may be; (g) Schedule means the Schedule annexed to this Order; (h) specified standard in relation to electrical capacitors means the Indian Standards as specified in the corresponding column (2) of the Schedule. (i) State Government includes a Union territory Administration also. (j) All other words and expressions used but not defined in this Order shall have the meanings respectively assigned to them in the BIS Act and relevant BIS standard, 3. Prohibition of manufacture, storage, sale and distribution etc. - (1) No person shall by himself or through any person on his behalf manufacture, import, store or store for sale, sell or distribute any electrical capacitors, which do not conform to the specified standards and which do not bear Standard Mark of the Bureau: Provided that nothing in this Order shall apply in relation to export of Electrical Capacitors meant for export, which conform to any specification required by the foreign buyer. (2) The sub-standard or defective electrical capacitors which do not conform to the specified standard shall be so identified and destroyed beyond use within a month from the date of manufacture. 4. Obligation for Certification (1) All manufacturers of electrical capacitors shall make an application to the Bureau for obtaining licence for use of the Standard Mark, if not already obtained. (2) The grant of licence by the Bureau for use of the Standard Mark shall be as per the provisions of the Act and rules and regulations made thereunder. (3) When any person by himself or through any person on his behalf proposes to manufacture electrical capacitors as specified in the Schedule, shall commence regular production only after obtaining a valid licence from Bureau for the use of Standard Mark. (4) Consequent to the expiry or cancellation of any licence by the Bureau for one or more of the electrical capacitors specified in the Schedule, the Bureau shall notify such cases and display the information on its website. 5. Power to call for information, etc. -(1) The appropriate authority may, with a view to securing compliance with this Order- (a) require any person engaged in the manufacture, import, storage for sale, sale or distribution of electrical capacitors to give such information as he deems necessary relating to the manufacture, import, storage for sale, sale or distribution of any electrical capacitors for the implementation of this Order or require any such person to furnish to him samples of any such electrical capacitors. (b) inspect or cause to be inspected any books or other documents relating to electrical capacitors kept by or belonging to or in the possession or under the control of any person engaged in the manufacture, import, storage for sale, sale or distribution of any such electrical capacitors; (c) enter and search any premises and seize electrical capacitors in finished stock condition (ready for sale) in respect of which it has reason to believe that a contravention of this Order has been committed or the said electrical capacitors and accessories are not of the specified standard. (2) The provision of the code of Criminal Procedure, 1973 (2 of 1974) relating to search and seizures shall so far as may be, apply to searches and seizures under this clause. 6. Testing and samples .-Samples of electrical capacitors bearing the Standard Mark and drawn by the appropriate authority, for ascertaining whether they are of the specified standard, shall be tested as per the relevant Indian Standard in the laboratory recognized by the Bureau and in the manner as may be determined by the Bureau. 7. Power to issue direction to manufactures and dealers or sellers. -The appropriate authority may issue such directions to manufacturers, importers and dealers or sellers, consistent with the provisions of the Act or this Order, as may be necessary for carrying out the purposes of this Order. 8. Compliance of directions .-Every person engaged in the manufacture, import, storage for sale, sale or distribution of any electrical capacitors specified in the Schedule to whom any direction is issued under this order, shall comply with such direction. 9. Obligation to furnish information .-No manufacturer, importer or dealer shall with intent to evade the provisions of this Order, refuse to give any information lawfully demanded from him under clause 5 or conceal, destroy, mutilate or deface any books or documents or any electrical capacitors kept by, or in the possession or control of, such person, and if any person contravenes this provision shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to fifty thousand rupees, or with both. SCHEDULE Sr. IS No. Title 1. IS 2993 A.C. motor capacitors 2. IS 13340 Power Capacitors of Self healing Type for AC Power Systems having Rated Voltage up to 650 V 3. IS 13585 Part I Shunt Power Capacitors of the Non-Self - Healing Type for AC Systems having a Rated Voltage up to and Including 1000 V PART I GENERAL PERFORMANCE, TESTING AND RATING SAFETY REQUIREMENTS GUIDE FOR INSTALLATION AND OPERATION [F. No. 14(85)/2011-LEI (Part File)] VANDANA KUMAR, Jt. secy.