Section 5 in The Energy Conservation (Inspection) Rules, 2010
5. Procedure for Inspection.
(1)No inspection shall be undertaken by an inspecting officer unless it has been authorised by the designated agency.(2)The designated agency before issuing authority for inspection shall ensure that -(a)information received for the purpose of inspection has been duly verified from the credible and reliable sources and the action proposed to be undertaken must be recorded in writing;(b)[ notice specifying the scope, date and time of inspection shall be issued by the inspecting officer to the person against whom the inspection is sought and where the designated agency is satisfied that such notice may endanger the objective of inspection and defeat its purpose, it shall for reasons to be recorded in writing, dispense with the issue of such notice taking into account the following factors that such notice shall - [Substituted by Notification No. G.S.R. 13(E), dated 7.1.2019 (w.e.f. 27.7.2010).](i)give unfair advantage to the person concerned;(ii)cause to be removed from the place of inspection, the equipment or appliances or books or records or documents sought to be considered for checking or verification for the purpose of ensuring compliance with the provisions of section 26](c)the inspecting officer shall record reasons for undertaking inspection and clearly bring out its need for discharge of his duty;(3)Notwithstanding any thing contained in sub-rule (2), the designated agency, if satisfied that there are adequate reasons for undertaking such inspection may, for reasons to be recorded in writing, issue the authority and directions to the inspecting officer to carry out the inspection.(3A)[ The decision for undertaking inspection under sub-rule (1) shall be intimated to the Director-General of the Bureau, within a period of fifteen days.] [Substituted by Notification No. G.S.R. 13(E), dated 7.1.2019 (w.e.f. 27.7.2010).](4)Every authority issued for inspection shall be in writing under the signature and seal of the designated agency.(5)Each inspection shall be undertaken in the presence of two respectable witnesses.(6)All documents prepared, samples identified for test-checking, directions issued for testing, statement recorded under sub-section, (2) of section 17 in pursuance of inspection, shall be signed by the said witnesses.[***] [Omitted '(7)' by Notification No. G.S.R. 13(E), dated 7.1.2019 (w.e.f. 27.7.2010).](8)[ The sample of the equipment for inspection shall be taken at random from the manufacturing facility or warehouse or retail outlet after due payment, sealed properly, marked with identification mark to establish its identity and sent to a laboratory accredited by the National Accreditation Board for Testing and Calibration Laboratories and the result of the testing shall be sent by the testing laboratory, in sealed cover, by name, to the officer of the designated agency to whom the inspecting officer shall be reporting.] [Substituted by Notification No. G.S.R. 13(E), dated 7.1.2019 (w.e.f. 27.7.2010).](9)Any statement made or information supplied or any evidence given to the inspecting officer during inspection under the provisions of sub-section (2) of section 17 shall be treated as confidential.
