| S.O.797(E)-In
exercise of the powers conferred by Section 3 of the Essential Commodities Act, 1955 (10
of 1955), the Central Government, being of the opinion that it is necessary and expedient
so to do for regulating the manufacture, store, sale and distribute the household
electrical appliances hereby makes the following order, namely: |
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| 1. |
Short title,
extend and commencement |
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(i) |
This order may be called the
Household Electrical Appliances (Quality Control) Order, 1981. |
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(ii) |
It shall come into force on the
date of its publication in the official Gazette. |
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| 2. |
Application: It
shall not apply to the manufacturers of household electrical appliances in respect of such
appliances which are marked with ISI mark under a valid license issued under the ISI
(Certification Marks) Act, 1952. |
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| 3. |
Definitions: In
this order, unless the context otherwise requires:- |
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a) |
“ACT” means the
Essential Commodities Act 1955(10 of 1955) |
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b) |
Appropriate Authority means any
officer of the rank of Director of Industries, Director of Civil Supplies or any officer
of equivalent rank appointed by the State Government to implement the provisions of this
order; |
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c) |
“dealer” in relation to
household electrical appliances means a person who or a firm or a Hindu undivided family
which, carries on, directly or otherwise the business of buying, selling, supplying or
distributing any such appliances, whether in cash or for deferred payment or for
commission, remuneration or other valuable consideration; |
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d) |
“household electrical
appliances” means the electrical appliances specified in column(2) of the Schedule; |
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e) |
“Manufacturer” in
relation to household electrical appliances means a person who, or a firm or a Hindu
undivided family which, produces, makes, assembles or manufactures any such appliances and
includes a person who or a firm or Hindu undivided family which claims such appliances to
be produced, made, assembled, or manufactured by such person or firm or Hindu undivided
family, as the case may be; |
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f) |
“Schedule” means the
Schedule annexed to this order; |
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g) |
“Specified standard” in
relation to a household electrical appliances mentioned in column (2) of the Schedule
means the standard as specified in the corresponding entry in column (3) of the said
schedule and includes, the standard published by the Indian Standards Institution from
time to time in relation to that appliance; and |
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h) |
“State Government”
includes a Union Territory Administration. |
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| 4. |
Prohibition of
manufacture, sale, etc. of household electrical appliances which are not of the specified
standard: |
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i) |
No person shall himself or by any
person acting on his behalf manufacture, store for sale, sell or distribute any household
electrical appliance which does not conform to the specified standard. |
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ii) |
Every household electrical
appliance offered or espoused for sale or sold shall bear conspicuously on the appliance
and where it is not possible on the package as the case may be, the name and address of
the manufacturer and where none of the above modes is practicable it shall be accompanied
by a certificate or label to that effect and also a declaration that the appliance
conforms to the specified standard. |
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iii) |
Provided that nothing in this
clause shall apply to any household electrical appliance which is intended for export if
it conforms to any other standard specified by the foreign buyer in a firm contract for
the purchase of such appliance so long as it is in conformity with the provisions of the
export (Quality Control and in section) Act, 1963 wherever applicable. |
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| 5. |
Certification of
manufacturers: |
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i) |
No person shall himself or by any
person acting on his behalf if he is already a manufacturer continue to manufacture any
household electrical appliance unless he has obtained a Manufacturer’s Certificate
for the said appliance from the Appropriate Authority of the State in which he
manufacturer the appliance within a period of three months. |
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ii) |
No person shall hereafter himself
or by any person on his behalf manufacture any household electrical appliance unless he
has obtained a Manufacturer’s Certificate for the said appliance from the Appropriate
Authority of the State in which he proposes to manufacture the appliance. |
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iii) |
The Appropriate Authority may at
any time revoke a Manufacturer’s Certificate for any one or more of the appliances
for good and sufficient reasons to be recorded in writing. |
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Provided that the manufacturer
whose certificate has been so revoked may prefer an appeal against such revocation in the
manner specified in clause 14. After the revocation of the Manufacturer’s Certificate
or as the case may be after rejection of the appeal against such revocation the
manufacturer shall forthwith cease to manufacture the household electrical appliance for
which Manufacturer’s Certificate so evoked had been issued. |
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| 6. |
Prohibition of
storage, sale and distribution:- No persons shall himself or by any person acting on
his behalf store for sale, sell or distribute any household electrical appliance which has
not been manufactured by a person who has obtained Manufacturer’s Certificate under
clause 5 or an India Standards Institution Certification Mark Licence after the date
appointed in this behalf by the State Government. |
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| 7. |
Power to call for
information etc –The appropriate Authority may written view to securing
compliance with this order. |
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a) |
Require any person engaged in the
manufacture, storage for sale, sale or distribution of any household electrical appliance
to give such information as it deems necessary in relation to the manufacture, storage for
sale, sale or distribution of any household electrical appliance for the implementation of
this order or require any such person to furnish to it samples of any household electrical
appliance. |
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b) |
Inspect or cause to be inspected
any books or other documents or any household electrical appliance or the components of
any household electrical appliance 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 household electrical appliance; |
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c) |
Cause an officers authorized
under clause 12 to enter and search any premises and size any household electrical
appliance in respect of which it has reason to believe that a contravention of this order
has been committed or the said appliance is not of the specified standard; |
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d) |
The provisions of section 100 of
the Code of Criminal Procedure 1973 (2 of 1974) relating to search and seizure shall so
far as may be apply to searches and seizure under this clause. |
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| 8. |
Testing of
Samples:- |
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i) |
Where the Appropriate Authority
is of the opinion that it is necessary so to do for the purpose of ascertaining whether
any household electrical appliance is of the specified standard it may take from any
person engaged in the manufacture, storage for sale, sale or distribution of any such
electrical appliance three samples thereof on to be tested, one to be sealed and kept with
the Appropriate Authority and one to be left with the manufacturer or the dealer as the
case may be. |
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ii) |
All the three samples shall be
sealed in the presence of the person so engaged in the manufacture, storage for the sale
or distribution of such electrical appliance or his authorized representative. A receipt
in such from as may be specified by Appropriate Authority shall be given to such person in
respect of the samples so taken and the price of the electrical appliance shall be paid by
the appropriate authority to such person if the samples conform to the specified standard
otherwise the samples shall be forfeited. |
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iii) |
Where the Appropriate Authority has taken any
sample of household electrical appliance under Sub-Clause(i) it shall deliver the same
forthwith for testing to any laboratory approved by the Indian Standards Institution to
ascertain whether the sample is of the specified standard. The testing by the Appropriate
Authority. |
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iv) |
The Appropriate Authority may
decided in each case what tests should be performed by a laboratory in respect of a
particular appliance in order to ascertain whether the appliance conforms to the specified
standard. A continuous record of the tests so performed and th4e results thereof in
respect of each type of appliance of each manufacturer shall be maintained by the
Appropriate Authority: |
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Provided that if the manufacturer belongs to a state
different from the State in which a sample has been drawn from a dealer the Appropriate
Authority drawing the sample will not communicate directly with the manufacturer but till
communicated the test report to the Appropriate Authority of the State where in the
manufacturer is registered and the latter Authority will give necessary directions to the
manufacturer in accordance with the previsions of this order. |
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v) |
The Officer in-charge of the Laboratory referred to in sub-clause (iii)
shall carry out or cause to be carried out test necessary to determine whether the sample
conforms to the specified standard and give a report on he result of the tests in
triplicate to the authority sending the sample for test in such from as my be specified by
the Appropriate Authority. |
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vi) |
If necessary the testing laboratory may call for the second sample
available with the appropriate Authority or the manufacturer of the dealer may ask for a
test on the sample left with him and the test may be carried out in the presence of the
manufacturer or dealer or his authorized representative and an observer. |
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| 9. |
Power to prohibit disposal of any household electrical
appliance not conforming to specified standard. |
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i) |
Where the Appropriate Authority is satisfied on the bases of a test report
received under sub-clause (v) of clause 8 that any household electrical appliance is not
of the specified standard and the defect can be removed he may direct the person engaged
in the manufacture, storage for sale, sale or distribute of such appliance to remove the
defect and not to dispose of such appliances until authorized by the Appropriate Authority
to do so. |
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ii) |
Where the Appropriate Authority is satisfied that the defect in the
appliance cannot be removed, he may direct the person engaged in the manufacture, storage
for sale, sale or distribution of such appliance to withdraw forthwith the appliance from
the market. |
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| 10. |
Power to issue direction to manufacturers and dealers:
The Appropriate Authority may issue such directions to manufacturers and dealers,
consistent with the provisions of this Order, as may be necessary in carrying out the
purposes of this order. |
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| 11. |
Compliance of directions: Every person engaged in the
manufacture, storage for sale, sale or distribution of any household electrical appliance,
to whom any direction is issued under this order shall comply with such direction. |
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| 12. |
Delegation of Power: The Appropriate Authority may, by
general or special order in writing, authorize any officer to exercise on its behalf all
or any of its functions under this Order; Provided that no officer who is not a Gazetted
rank shall be authorized by the Appropriate Authority to exercise the powers of search and
seizure under paragraph ( c ) of sub-clause (i) of clause 7. |
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| 13. |
Obligation to furnish information :No manufacturer or
dealer shall with intent to evade the provisions of this order refuse to give nay
information lawfully demanded from him under clause 7 or conceal, destroy, mutilate or
deface any books or documents or any household electrical appliance kept by such persons
or in the possession or control of such person. |
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| 14. |
Appeal: |
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i) |
Any Manufacturer or dealer aggrieved by any decision of the Appropriate
Authority may appeal in writing to the Appellate Authority, as may be notified by the
State Government concerned, within 30 days from the date of receipt by him or the copy of
the order communicating such decision. |
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Provided that the Appellate Authority may admit any appeal after the
expiry of the period aforesaid if it is satisfied that the appellant was prevented by
sufficient cause from filling the appeal in time. |
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ii) |
On receipt of the appeal under sub-clause (i) the Appellate Authority may,
after giving the appellant an opportunity of being heard, pass such order as it may deem
fit. |
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| 15. |
Penalty: Any person who contravenes any of the
provision of this Order or of the terms and conditions of the manufacturer’s
Certificate or fails to carry out any directions or requisition made there under shall be
punishedable and the property in respect of which the order has been contravened, shall be
liable to forfeiture under section 7 of the Essential commodities Act, 1955 (10 of 1955). |
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| 16. |
Repeal: The Household Electrical Appliances (Quality
Control) Order, 1976 is hereby replaced, save in so far as any action already taken. |
