Section 11 in Bureau of Energy Efficiency (Particulars and Manner of their Display on Labels of Washing Machine) Regulation 2023
11. Verification by Bureau. -
(1)The Bureau or its designated agency may, either suo motu, or on a complaint received by it, carry out verification to ensure that the washing machine conforms to the star level and other particulars displayed on its label and that it complies with the other terms and conditions of permission. All test includes wash performance, rinse performance, energy consumption, water consumption and water extraction performance (residual water content)(2)For the purpose of verification, samples shall be picked up at random by Bureau or its designated agency from the manufacturing facility, warehouse or the retail outlet as it deems fit.(3)Where, upon a complaint received under sub-regulation (), the Bureau is required to carry out verification by challenge testing the washing machine in an independent laboratory duly accredited by National Accreditation Board for Testing and Calibration Laboratories (NABL),-(a)The Bureau shall issue a notice to the permittee in form V for carrying out such testing and the complainant shall be called upon to deposit, such expenses relating to sample cost, testing, transportation and other incidental expenses with the Bureau, within such time, as may be determined by Bureau.(b)if the sample drawn under challenge testing fails, all expenses towards the cost of sample, transportation of sample and the testing charges, shall be reimbursed by the permittee to the Bureau and the Bureau shall refund the aforesaid expenses to the complainant; and(c)where the equipment passes the challenge test, then, the expenses deposited by the complainant shall be forfeited.(4)Where, upon a complaint received under sub-regulation (.), if the permittee fails to deposit such expense referred to in sub-regulation (3) within such time, the Bureau shall-(a)continue the verification by challenge testing the washing machine referred to in sub-regulation (3); and(b)the processing of application received under regulation 6 may be kept in abeyance till such expense are deposited.(5)Where samples of washing machine used for testing fails the test during suo motu testing or challenge testing, the Bureau shall offer the permittee, another opportunity and conduct a second test with twice the quantity of washing machine used in the first test, in an independent test laboratory which is different from the lab where the first check testing was conducted and shall be duly accredited by National Accreditation Board for Testing and Calibration Laboratories (NABL) at the cost of the permittee. The Bureau shall intimate the permittee in Form V to witness the challenge testing referred to in sub-regulation (3) or the second test referred to in sub-regulation(4)and the expenses to be made towards the procurement and testing of sample.(6)Where the second test fails, the Bureau shall, -(a)direct the permittee in Form VI, under intimation to all the State Designated Agencies, that the permittee within a period of two months shall, -(i)correct the star level displayed on the label of the washing machine or remove the defects and deficiencies found during testing;(ii)withdraw all the stocks from the market to comply with the directions of the Bureau; and(iii)change the particulars displayed on advertising material;(b)publish for the benefit of the consumers, the name of any permittee, brand name, model name or model number, logo and other specifications in any national or regional daily newspaper and in any electronic means or in any other manner as it deems fit, within two months;(c)Intimate to the concerned State Designated Agency to initiate adjudication proceedings against the permittee and the trader under section 27 of the Act.(7)The permittee shall within ten days of the conclusion of the period of two months referred to in sub-regulation(6),-(a)send the compliance report in Form VII to Bureau with respect to action taken in compliance with the direction; and(b)in case the compliance report referred to in clause (a) is not received or received without complying to any of the direction within the specified period, it shall be deemed as non-compliance of the direction issued and orders to that effect shall be passed by the Bureau.(8)The Bureau shall send a copy of the compliance report referred to in clause (a) and orders passed in clause (b) of sub-regulation (6) along with necessary documents to all the State Designated Agencies for the purpose of taking action under section [7 of the Act and enforcement of the orders passed under clause (b) of the said sub-regulation.(9)Where the permittee fails to comply with the directions issued by the Bureau under sub-regulation (5), the Bureau under intimation to all State Designated Agencies, shall, -(a)withdraw the permission granted to the permittee under sub-regulation () of regulation 7;(b)send report to the Central Government accompanied by the test report in support of the failure by the permittee to conform to the energy performance standards notified by the Central Government under clause (a) of section [4 of the Act, the directions of the Bureau referred to in clause (a) of sub-regulation(7)for consideration and taking action under clause (c) of section 44 of the Act by the Central Government;(c)publish for the benefit of the consumers, the name of any permittee, brand name, model name or model number, logo and other specification in any national or regional daily newspaper and in any electronic or in any other manner as it deems fit within two months;(d)intimate to the concerned State Designated Agencies to initiate further adjudication proceedings against the permittee and the trader under section 27 of the Act.
