Energy Efficient Induction Motors – Three Phase Squirrel Cage (Quality Control) Order, 2017 - Indian Laws - F. No. 14(85)/2011-LEI - S.O. 178(E)

MINISTRY OF COMMERCE AND INDUSTRY (Department of Industrial Policy and Promotion) ORDER New Delhi, the 18th January, 2017 S.O. 178(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 (i) This order may be called the Energy Efficient Induction Motors Three Phase Squirrel Cage (Quality Control) Order, 2017. (ii) This order shall come into force with effect from 01.10.2017. 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) An Officer not below the rank of an Under Secretary to the Government of India; (ii) An Officer not below the rank of the General Managers, District Industries Centre of a State Government; (iii) Directors 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 said Act; (d) dealer in relation to energy efficient induction motors three phase squirrel cage means a person who, or a firm or a company or a Hindu undivided family or a cooperative society which carries on, directly or otherwise, the business of manufacturing, buying, selling, supplying or distributing energy efficient induction motors three phase squirrel cage whether in cash or for deferred payment or for commission, remuneration or other valuable consideration; (e) Energy Efficient Induction Motors Three Phase Squirrel Cage means the items specified in column (2) of the Schedule; (f) manufacturer in relation to energy efficient induction motors three phase squirrel cage, means a person who, or a firm or a company or a Hindu undivided family or a cooperative society which produces, makes, assembles or manufactures energy efficient induction motors three phase squirrel cage and includes a person who, or a firm or a company or a Hindu undivided family or a cooperative society which claims energy efficient induction motors three phase squirrel cageto be produced, made, assembled or manufactured by such person or a firm or a company or a Hindu undivided family or a cooperative society, as the case may be; (g) Schedule means the schedule annexed to this order; (h) specified standard in relation to energy efficient induction motors three phase squirrel cagemeans the Indian standard as specified in the corresponding entry in column (1) of the schedule. (i) State Government includes a Union territory Administration; and (j) All other words and expressions used but not defined in this Order but defined in the Act shall have the meanings respectively assigned to them in the act and relevant Bureau of Indian Standards. (3) Prohibition of manufacturer, storage, sale and distribution etc. (1) No person shall by himself or through any person on his behalf manufacture or store for sale, sell or distributeenergy efficient induction motors three phase squirrel cage, which do not conform to the specified standards and do not bear Standard Mark of the Bureau: Provided that the Central Government may, on an application made, grant exemption from standard Mark, if it is satisfied that the energy efficient induction motors three phase squirrel cage manufactured and dispatched is for export purpose and is as perthe overseas standard or as per buyers specifications and do not coincide with the corresponding requirement of the Indian standards. (2) The sub-standard or defectiveenergy efficient induction motors three phase squirrel cage, which do not conform to the specified standard shall be deformed by the manufacturer beyond use and disposed of as scrap within three months, from the date of manufacture. 4. Obligation for Certification (1) All manufacturers of energy efficient induction motors three phase squirrel cage 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 energy efficient induction motors three phase squirrel cage; 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 energy efficient induction motors three phase squirrel cage 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 any energy efficient induction motors three phase squirrel cageto give such information as he deems necessary relating to the manufacture, import, storage for sale, sale or distribution of anyenergy efficient induction motors three phase squirrel cagefor the implementation of this Order or require any such person to furnish to him samples of any such energy efficient induction motors three phase squirrel cage; (b) inspect or cause to be inspected any books or any other documents of the energy efficient induction motors three phase squirrel cage kept by or belonging to or in the possession or under the control of any person, engaged in the manufacture, storage for sale, sale or distribution of any such energy efficient induction motors three phase squirrel cage; (c) enter and search any premises and seize energy efficient induction motors three phase squirrel cage in respect of whom it has reason to believe that a contravention of this Order has been committed or the said energy efficient induction motors three phase squirrel cage 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 of samples Samples of energy efficient induction motors three phase squirrel cage 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 Indian Standard in the laboratory recognised 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 manufactures, importers and dealers or sellers, consistent with the provisions of the said 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 energy efficient induction motors three phase squirrel cage specified in the Scheduleto 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 energy efficient induction motors three phase squirrel cage 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 (See clause 2 (e)) Indian standard number Title (1) (2) IS 12615:2011 Energy Efficient Induction Motors Three Phase Squirrel Cage. [F. No. 14(85)/2011-LEI] VANDANA KUMAR, Jt. Secy.