(1) These regulations may be called the Bureau of Energy Efficiency (Particulars and Manner of their Display on Labels of Household Frost Free Refrigerators) Regulations, 2009.

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

(1) 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, household frost free refrigerator;

(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) Model variant means a model which has the same sales specification, model number and designation as another model, and offers the same level of performance except that it has different projected annual energy consumption and may have a different star rating;

(e) household frost free refrigerators means refrigerators with frost free system in which cooling is provided by forced air circulation and the evaporators are defrosted by an automatic defrosting system and shall include the systems and characteristics specified in Clauses 3.1, 3.1.1, 3.1.2, 3.1.2.1, 3.1.2.2, 3.1.3 and 3.1.5 of IS 15750:2006;

(f) star rating or star level means the grade of energy efficiency displayed on the label of household frost free refrigerator on the basis of comparative energy consumption with reference to fixed volume.

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

(1) On every household frost free refrigerator, the following particulars shall be displayed, namely:

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

(ii) name of manufacturer or importer and brand;

(iii) gross volume;

(iv) storage volume;

(v) model and year of manufacturing or import;

(vi) authority number;

(vii) electricity consumption in units per year;

(viii) star level of household frost free refrigerator.

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

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

(1) Every household frost free refrigerator shall display label at the time of sale and such label shall be either adhered to, or attached as a swing tag, on it.

(2) For units not on display, the label may be attached to the exterior of the casing and the label may be attached to the unit when the unit is removed from its packaging or the label may be included as a part of the documentation given to the customer or user.

4[(1) No label shall be affixed on a household frost free refrigerator 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 household frost free refrigerator.

(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;

(c) documents specified therein.]

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 household frost free refrigerator 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.]

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

(a) the star level displayed on the label of the household frost free refrigerator shall conform to energy consumption standards for household frost free refrigerator notified under clause (a) of Section 14 of the Act;

(b) the label shall be affixed only on such model of household frost free refrigerator for which permission has been granted;

(c) the label shall be printed and affixed on the household frost free refrigerator at the cost of the permittee;

(d) the permittee shall ensure that the star level displayed on the label of household frost free refrigerator 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.]

7[(1) Every permittee shall pay to the Bureau a label fee of Rupees Ten on each label affixed on the household frost free refrigerator.

(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.]

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 household frost free refrigerator.]

9[(1) The Bureau may, either suo motu, or on the complaint received by it, carry out verification to ensure that the household frost free refrigerator 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 household frost free refrigerator 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 household frost free refrigerator 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 household frost free refrigerator 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 household frost free refrigerator 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.]

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]

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-110 066

India

1. I/We are the manufacturers of household frost free refrigerator carrying on business at _____________________ (full business address) under the style of ____________________ (full name of individual or firm) hereby apply for permission to display label on household frost free refrigerator as specified by the Bureau in the Bureau of Energy Efficiency (Particulars and Manner of their display on the label of Household Frost Free Refrigerators) 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:

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 Rupees Ten 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.

ANNEXURE

[See Para 3 of Form 1]

1.Details of the Equipment

2.Details of the Company

3.Details of the Manufacturing facility

4.Certification for Test details

5.Product Details

6.Label Details

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

12[Form II

[See Regulation 7]

Permission/Renewal of Permission

No.

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 Household frost free refrigerator) 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 household frost free refrigerator shall conform to energy consumption standards for household frost free refrigerator notified under clause (a) of Section 14 of the Act;

(b) the label shall be affixed only on such model of household frost free refrigerator for which permission has been granted;

(c) the label shall be printed and affixed on the household frost free refrigerator at the cost of the permittee;

(d) the permittee shall ensure that the star level displayed on the label of household frost free refrigerator shall be maintained at all time;

(e) the permittee shall pay the label fee of Rupees Ten 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 household frost free refrigerator 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 household frost free refrigerator 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 on review is modified by the Bureau and the star level of the household frost free refrigerator 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]

1.Details of the Equipment

2.Label Details

3. Approved Specimen of printed label to be affixed on the household frost free refrigerator:

The unique label series code provided in the letter has to be mentioned in the label affixed on the household frost free refrigerator.

4. The label design, size, colour scheme, material to be used for the label 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 Household Frost Free Refrigerators) Regulations, 2009.

13[Form III

[See Regulation 7(2)]

[See Regulation 3(2)]

Details of particulars to be displayed on labels of household frost free refrigerators.

(1) 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:

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

Blue c

Hue(H)-239₀ 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)-150₀ 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 household frost free refrigerator, namely:

(2) Material of the label shall be of durable cardboard if it is to be attached as a swing tag or be self-adhesive.

1 Bureau of Energy Efficiency, Noti No. 2/11(5)/03-BEE. 4, dated July 6, 2009, published in the Gazette of India, Extra., Part III, Section 4, dated 7th July, 2009, pp. 7-11, No. 115

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

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

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

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

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

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

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

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

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

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

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

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