act 052 of 2001 : Bureau of Energy Efficiency (Particulars etc. of Lamps) Regulations, 2009

Bureau of Energy Efficiency (Particulars etc. of Lamps) Regulations, 2009

ACTNO. 52 OF 2001
06 July, 2009

Whereas the draft regulations namely, the Bureau of Energy Efficiency (Particulars and Manner of their Display on Labels of Tubular Fluorescent Lamps) Regulations, 2009, were published vide notification number 2/11(5)/03-BEE.-1, dated 12th January, 2009, in the Gazette of India, Extraordinary, Part III, Section 4, dated the 12th January, 2009, as required under sub-section (1) of Section 58 of the Energy Conservation Act, 2001 (52 of 2001), inviting objections or suggestions from persons likely to be affected thereby within the specified period of forty-five days from the date of publication of the said notification in the Official Gazette;

And whereas copies of the said draft regulations were made available to the public on the 12th January, 2009;

And whereas no suggestion or objection has been received with respect to the said draft regulations within the specified period aforesaid;

Now, therefore, in exercise of the powers conferred by clause (i) of sub-section (2) of Section 58 read with clause (d) of Section 14 of the said Act, the Bureau, with the previous approval of the Central Government, hereby makes the following regulations, namely:

Section 1. Short title and commencement

(1) These regulations may be called the Bureau of Energy Efficiency (Particulars and Manner of their Display on Labels of Tubular Fluorescent Lamps) Regulations, 2009.

(2) They shall come into force on the date of their publication in the Official Gazette.

Section 2. Definition

In these regulations, unless the context otherwise requires,

(a) Act means the Energy Conservation Act, 2001;

2[(aa) Form means a form appended to these regulations;]

(b) label means any written, printed, marked, stamped or graphic matter affixed to, or appearing upon, the tubular fluorescent lamp;

(c) models mean the range of models of one particular brand to which a single set of test reports is applicable and where each of the models has the same physical characteristics, comparative energy consumption, energy efficiency rating and performance characteristics and includes family of models;

3[(ca) permittee means a person to whom permission has been granted under Regulation 7;]

(d) star rating or star level means the level of energy efficiency displayed on the label of the tubular fluorescent lamp on the basis of light output in lumens per watt of energy consumption;

(e) tubular fluorescent lamp means the tubular fluorescent lamp of 1200 millimetres in size consuming energy up to forty watts covering colour temperature of 6500 Kelvin for halo-phosphate category and 2700 Kelvin, 4000 Kelvin and 6500 Kelvin for tri-phosphate categories.

(2) Words and expressions used herein and not defined, but defined in the Act, shall have the meanings respectively assigned to them in the Act.

Section 3. Particulars to be displayed on the label

(1) On every tubular fluorescent lamp the following particulars shall be displayed on its label, namely:

(a) the logo of the Bureau of Energy Efficiency;

(b) size of tubular fluorescent lamp and colour temperature;

(c) trade name and number;

(d) model and year of manufacturing or import;

(e) name of manufacturer/importer and brand;

(f) authority number;

(g) power consumption in watts;

(h) star level of the tubular fluorescent lamp;

(2) The design, colour, size and content of label shall be as specified in Schedule annexed to these regulations.

Section 4. Time limit for display of labels

A label containing particulars specified in Regulation 3 shall be displayed on every tubular fluorescent lamp within a period of six months from the date of coming into force of these regulations.

Section 5. Manner of display of label

(1) On every tubular fluorescent lamp, the label shall be stamped as follows, namely:

(i) the label with colour programme after photographic reduction to 16 millimetre height shall be printed on the sleeve;

(ii) all the manufacturers and importers would mark the colour temperature on the sleeve;

(iii) the star marking as per the rating is required to be stamped on the tubular fluorescent lamp where the size of the stamp for the star marking shall be 14.5 millimetre height by 8.5 millimetre width and the same shall be stamped in a separate column.

Section 6. Permission for display of label

4[(1) No label shall be affixed on a tubular fluorescent lamp without obtaining the permission of the Bureau.

(2) For the purpose of obtaining permission of the Bureau under sub-regulation (1), an application shall be made in Form I or in electronic Form:

Provided that separate application shall be made for each model of tubular fluorescent lamp.

(3) Every application under sub-regulation (2) shall be accompanied by

(a) an application fee of Rupees One thousand payable by demand draft drawn in favour of the Bureau of Energy Efficiency, New Delhi or by any electronic mode of payment;

(b) a label Security Fee of Rupees One lakh payable by demand draft drawn in favour of the Bureau of Energy Efficiency, New Delhi or by any electronic mode of payment; and

(c) documents specified therein.]

Section 7. Grant of permission

5[(1) On receipt of an application under Regulation 6 and after being satisfied that all requirements therein are complied with, the Bureau may, within a period of one month from the date of such receipt, grant, subject to such terms and conditions as are specified in Regulation 8, permission for affixing label on tubular fluorescent lamp in Form II or in electronic form;

(2) The Bureau shall maintain a register in Form III and enter the name of permittee therein.

(3) The permission so granted under sub-regulation (1) shall be valid for a period of three years and may be renewed for a further period of three years by the Bureau.

(4) An application for renewal of permission shall be made at least three months before its expiry and shall be accompanied by a fee of Rupees Five hundred payable by demand draft drawn in favour of the Bureau of Energy Efficiency, New Delhi or by any electronic mode of payment;

(5) On receipt of application for renewal under sub-regulation (4) and after being satisfied that all requirements are complied with, the Bureau may, within a period of one month from the date of such receipt, renew permission in Form II.]

Section 8. Terms and conditions for display of particulars on label

6[Every permittee shall comply with the following terms and conditions, namely:

(a) the star level displayed on the label of the tubular fluorescent lamp shall conform to energy consumption standards for tubular fluorescent lamp notified under clause (a) of Section 14 of the Act;

(b) the label shall be affixed only on such model of tubular fluorescent lamps for which permission has been granted;

(c) the label shall be printed and affixed on the tubular fluorescent lamps at the cost of the permittee;

(d) the permittee shall ensure that the star level displayed on the label of tubular fluorescent lamp shall be maintained at all time;

(e) the permittee shall pay the label fee as specified in Regulation 9;

(f) the permittee shall furnish to the Bureau a statement containing details of production of labelled equipment and the accrued labelling fee due for each quarter within the following month of the close of each quarter of the financial year;

(g) the permittee shall comply with such other terms and conditions which the Bureau may specify.]

Section 9. Label Fee

7[(1) Every permittee shall pay to the Bureau a label fee of five paisa on each label affixed on the tubular fluorescent lamp.

(2) The label fee specified under sub-regulation (1) shall be paid annually within one month from the date of closure of each financial year:

Provided that on failure to pay the label fee within the period so specified, the Bureau may recover the amount due with interest thereon at ten per cent from the Label Security Fee paid under clause (b) of sub-regulation (3) of Regulation 6.]

Section 10. Refund of Label Security Fee

8[Subject to the proviso to sub-regulation (2) of Regulation 9, a permittee shall be entitled to a refund of the Label Security Fee on ceasing to manufacture tubular fluorescent lamp.]

Section 11. Verification by the Bureau

9[(1) The Bureau may, either suo motu, or on the complaint received by it, carry out verification to ensure that the tubular fluorescent lamp conforms to the star level and other particulars displayed on its label and that it complies with the other terms and conditions of permission.

(2) Where upon a complaint received under sub-regulation (1), the Bureau is required to carry out verification by testing the tubular fluorescent lamp in a laboratory, a notice shall be issued to the permittee for carrying out such testing and the complainant shall be called upon to deposit such expenses relating to testing, transportation and other incidental expenses with the Bureau, within such time, as may be determined by it.

(3) Where samples of tubular fluorescent lamps used for testing fails the test, the permittee shall be afforded another opportunity and the Bureau shall conduct a second test with twice the quantity of tubular fluorescent lamps used in the first test, at the cost of the permittee.

(4) Where the second test also fails, the Bureau shall direct that the permittee shall, within a period of two months

(a) correct the star level displayed on the label of the tubular fluorescent lamps or remove the defects and deficiencies found during testing;

(b) withdraw all the stocks from the market to comply with the directions of the Bureau; and

(c) change the particulars displayed on advertising material.

(5) Where the permittee fails to comply with the directions issued by the Bureau under sub-regulation (4), the Bureau shall

(a) withdraw the permission;

(b) notify the consumers in such manner as it deems fit;

(c) initiate adjudication proceedings against such permittee under Section 27 of the Act.]

Section 12. Cancellation of Permission

10[The Bureau may cancel the permission granted under Regulation 7 if the permittee

(a) fails to comply with any of the terms and conditions specified under Regulation 8;

(b) fails to pay label fee within the period specified under Regulation 9.]

11[Form I

[See Regulation 6]

Application for permission to affix label on tubular fluorescent lamps under the Bureau of Energy Efficiency (Particulars and Manner of their Display on Label of Tubular Fluorescent Lamps) Regulations, 2009

To,

The Director General

Bureau of Energy Efficiency

(Ministry of Power, Government of India)

4th Floor, Sewa Bhawan,

Sector-1, R.K. Puram

New Delhi 110066

India

1. I/We are the manufacturers of tubular fluorescent lamps carrying on business at _____________________ (full business address) under the style of ____________________ (full name of individual or firm) hereby apply for permission to affix label on tubular fluorescent lamps as specified by the Bureau in the Bureau of Energy Efficiency (Particulars and Manner of their display on the label of Tubular Fluorescent Lamps) Regulations, 2009

2. Manufacturing Facility: The above equipment is manufactured or imported by ______________ (Name of the company) and is manufactured at_________________ (Name and address of the factory)

3. Details of Information: The details of the information in respect of the equipment, company, manufacturing facility, certification for test, products, labels and payment is given in Annexure. A photocopy of the certificate of incorporation issued by the Registrar of Firms or Societies/Director of Industries (in case of Small Scale Units) or similar other documents authenticating the name of the firm and its manufacturing premises is enclosed

(a) Applicant:___________________________ (Name and Designation) is authorised to make this application on behalf of the company/firm/etc. and will be responsible for accuracy of the information supplied with this application

(b) Contact Person: _______________________ (Name and Designation) is the authorized contact person for coordination with the Bureau in respect of this application and the use of the Label

(c) I/We undertake to intimate to the Bureau of any change in the authorized persons defined in (a) or (b) above as soon as it takes place

4. Conformation to Quality Standards: I/We conform to the Bureau of Indian Standard/other International Standards in respect of Quality System/Other standards in accordance with IS/Others (name and number of the standard) _______________ as specified in the Notification on ____________________ (title of the Notification) for the ____________________ (name of the equipment). A copy of the License/certificate in respect of the above equipment is enclosed

I/We have testing arrangements at _________________ (Name and address of the laboratory) for ensuring consistency in quality of the equipment

Lab details:

(a) Tests details: (Test procedures/name/number)

(b) Accreditation status:

(c) Bureau of Energy Efficiency approval:

5. Production and sales figures of the said equipment and the value thereof to the best of my/our knowledge and estimates are as follows:

Year

Production

Sales

MRP of the equipment (Rs)

Last year from ______________ to _________________________ Current year from ____________ to_________________________ (estimate)

6. (a) An application fee of Rupees One thousand______________________________ has been paid by D.D. No. dated /electronic mode

(b) A label Security Fee of Rupees One lakh ____________________________ has been paid by D.D. No. .. dated;/electronic mode

(c) I/We agree to pay the labelling fee of five paisa per label

7. I/We agree to abide by all the terms and conditions specified by the Bureau and extend necessary assistance/co-operation to the Bureau in case of any enquiry to be made by it

8. I/We authorise the Bureau of Energy Efficiency for selection of sample for verification and challenge testing and agree to abide by the directions of the Bureau in this regard

9. I/We undertake that the information supplied in this application is accurate to the best of my knowledge, and should any of the information supplied be found to be incorrect; the application may be rejected forthwith

Dated this

Day of . (Year)

Signature

Name ..

Designation ..

For and on behalf of

.

(Name of the firm)

SEAL OF FIRM

ANNEXURE

[See Para 3 of Form 1]

Details of Information

1.Details of the Equipment

Name of Manufacturer and Brand

Size of Tubular Fluorescent Lamp in millimetres

Colour temperature of Tubular Fluorescent Lamp

Trade name of the Tubular Fluorescent Lamp

Model and Year of manufacturing

Registration No. and Date of the Trade Mark(s)

Rating of the Tubular Fluorescent Lamp in Watts

Additional information

(Tubular Fluorescent Lamp colour temperature)

ISI certificate details

(Attach copy of the Certificate)

Quality System certificate details

(Attach copy of the Certificate)

Sl. No.

Model Name/No.

Measured Luminous Efficacy

Rated Luminous Efficacy

Star level or Efficiency level declared

Remarks

2.Details of the Company

Name of the Company:

Address

Pin Code

State

Phone No.

Fax No.

E Mail

Web site

3.Details of the Manufacturing facility

Address

Pin Code

State

Phone No.

Fax No.

E Mail

Web site

Any other details

4.Certification for Test details

Name of the Test standard, No. and Year

Name of the test Laboratory

Accreditation status (Attach copy of the

accreditation certificate)

Address

Pin Code

State

Phone No.

Fax No.

E Mail

Web site

5.Product Details

Date of commencement

Number of labels applied for BEE

for the first year

for the second year

for the third year

Product Serial No.

From ____________________ To

Test report

Sample Label

6.Label Details

Star Rating/Star level

Other information displayed on the label

on the outer case

7.Payment details, if proposed to pay in advance (Optional)

No. of Labels

Labelling fee per unit

Total Amount/Details of Payment

Amount:

Crossed Demand Draft Details:

Date:

Date

Signature ..

Name .

Designation ..

For and on behalf of ..

..

(Name of the firm)

SEAL OF FIRM]

12[Form II

[See Regulation 7]

Permission/Renewal of Permission

No.

Bureau of Energy Efficiency

New Delhi, Dated

To

.

.

1. Pursuant to the provisions of Regulation 7 of the Bureau of Energy Efficiency (Particulars and Manner of their display on Labels of Tubular Fluorescent Lamps) Regulations, 2009, the Bureau hereby permits you to affix Label as per details of approvals set out in the Annexure.

2. This permission is subject to

(a) the star level displayed on the label of the tubular fluorescent lamp shall conform to energy consumption standards for tubular fluorescent lamp notified under clause (a) of Section 14 of the Act;

(b) the label shall be affixed only on such model of tubular fluorescent lamps for which permission has been granted;

(c) the label shall be printed and affixed on the tubular fluorescent lamps at the cost of the permittee;

(d) the permittee shall ensure that the star level displayed on the label of tubular fluorescent lamp shall be maintained at all time;

(e) the permittee shall pay the label fee of five paisa per label;

(f) the permittee shall furnish to the Bureau a statement containing details of production of labelled equipment and the accrued labelling fee due for each quarter within the following month of the close of each quarter of the financial year. The same details shall be furnished to the Bureau also through automated system;

(g) the permittee shall make available such other details of tubular fluorescent lamp as and when sought by the Bureau for which the permission has been granted.

3. This permission shall be valid from .to . and may be renewed as prescribed. You shall not withdraw the tubular fluorescent lamp from the market during the validity period of permission except with the prior approval of the Bureau.

4. The unique label series code for the equipment is ., and should appear on the label as per the approved design

5. Where the star level plan or review is modified by the Bureau and the star level of the tubular fluorescent lamp stand modified, you shall seek the permission afresh

6. Signed, sealed and dated this day of month year

(Secretary)

Bureau of Energy Efficiency

ANNEXURE

[See Para 1 of Form II]

Details of Approvals

1.Details of the Equipment

Size of Tubular Fluorescent Lamp in millimetres

Colour temperature of Tubular Fluorescent Lamp

Year of manufacturing

Registration No. and Date of the Trade Mark(s)

Rating of the Tubular Fluorescent Lamp in Watts

Additional information

(Tubular Fluorescent Lamp colour temperature)

Sl. No.

Model Name/No.

Measured Luminous Efficacy

Rated Luminous Efficacy

Star level or Efficiency level declared

Remarks

2.Label Details

Star Rating/Star level

Other information displayed on the label

on the outer case

Unique label series code

(b) Approved specimen of Star marking label to be stamped on the outer casing and the sleeve.

1. Outer Casing

The unique label series code provided in the letter has to be mentioned in the label affixed on the outer casing of the tubular fluorescent lamp.

2. Sleeve

4. The label design, size, colour scheme, and the content of the label and colour scheme of the Bureaus' logo shall be as specified in the schedule to the Bureau of Energy Efficiency (Particulars and Manner of their Display on Labels of Tubular Fluorescent Lamps) Regulations, 2009.

Date

Signature ..

Name

Designation ..

For and on behalf of .

.

(Name of the firm)

SEAL OF FIRM

.]

13[Form III

[See Regulation 7(2)]

Register of Permittees

Sl. No.

Application No. and Date of Permission

Name and details of the permittee (Contact Person, Address, Pin Code, State, Phone No., Fax No., E Mail, Website)

Details of equipment for which the permission has been granted

Star level or Efficiency level declared

BEE permission number and unique label series

Period for which the permission has been granted

1

2

3

4

5

6

7

Amount of label security fee

Label Security Fee Received by (Crossed Demand Draft (Details) Electronic transaction (Details): Date:)

Application Fees, details of Amount Received (Crossed Demand draft Details/Electronic transaction details: Date:)

8

9

10

Number of labels affixed at the end of the each financial year

Amount of labelling fee due

Labelling fees details of Amount Received (Crossed Demand Draft details/Electronic transaction details's: Date:)

Remarks

11

12

13

14]

[See Regulation 3(2)]

Details of particulars to be displayed on label of Tubular Fluorescent Lamp

(a) Label design, size, colour scheme and content of the label shall include

(i) the following dimensional design of label, namely:

(ii) the following colour scheme for the label, namely:

Navy Blue. Hue 240 Saturation 100% Brightness 40% (Red-0, Green-0, Blue-102)

Green Hue 150 Saturation 100% Brightness 65% (Red- 0, Green-165, Blue- 83)

Note. Bottom of BEE logo and star filler in Green colour only. All fonts and top of BEE logo in Navy Blue

(iii) the following colour scheme for Bureau's logo namely:

Blue

Hue(H)-239 Saturation(S):64% Brightness(B):59%

Luminance or lightness(L): 28, chromatic components-a:24 b:54

Red(R):54 Green(G):55 Blue(B):151

Cyan(C):97% Magenta(M):95% Yellow(Y):6% Black(K):1%

Web colour code-#363797

Green

Hue(H)-150 Saturation(S):10% Brightness(B):67%

Luminance or lightness(L):61, chromatic components-a: 53 b:32

Red(R):0 Green(G):170 Blue(B):87

Cyan(C):81% Magenta(M):10% Yellow(Y):90% Black(K):1%

Web colour code-#00AA56;

(iv) the following complete specimen of a printed label for room tubular fluorescent lamp on the casing when not on display, namely:

(b) The following complete specimen of star marking label for tubular fluorescent lamp stamped on the sleeve, namely:

1 Bureau of Energy Efficiency, Noti. No. 2/11(5)/03-BEE.-1, dated July 6, 2009, published in the Gazette of India, Extra., Part III, Section 4, dated 7th July, 2009, pp. 6-10, No. 112

2 Ins. by Noti. No. 2/11(5)/03-BEE-1, dated 5-1-2010 (w.e.f. 5-1-2010).

3 Ins. by Noti. No. 2/11(5)/03-BEE-1, dated 5-1-2010 (w.e.f. 5-1-2010).

4 Ins. by Noti. No. 2/11(5)/03-BEE-1, dated 5-1-2010 (w.e.f. 5-1-2010).

5 Ins. by Noti. No. 2/11(5)/03-BEE-1, dated 5-1-2010 (w.e.f. 5-1-2010).

6 Ins. by Noti. No. 2/11(5)/03-BEE-1, dated 5-1-2010 (w.e.f. 5-1-2010).

7 Ins. by Noti. No. 2/11(5)/03-BEE-1, dated 5-1-2010 (w.e.f. 5-1-2010).

8 Ins. by Noti. No. 2/11(5)/03-BEE-1, dated 5-1-2010 (w.e.f. 5-1-2010).

9 Ins. by Noti. No. 2/11(5)/03-BEE-1, dated 5-1-2010 (w.e.f. 5-1-2010).

10 Ins. by Noti. No. 2/11(5)/03-BEE-1, dated 5-1-2010 (w.e.f. 5-1-2010).

11 Ins. by Noti. No. 2/11(5)/03-BEE-1, dated 5-1-2010 (w.e.f. 5-1-2010).

12 Ins. by Noti. No. 2/11(5)/03-BEE-1, dated 5-1-2010 (w.e.f. 5-1-2010).

13 Ins. by Noti. No. 2/11(5)/03-BEE-1, dated 5-1-2010 (w.e.f. 5-1-2010).