the Bureau of Energy Efficiency, with the previous approval of the Central Government, proposes to make

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-15072025-264670 EXTRAORDINARY PART III—Section 4 PUBLISHED BY AUTHORITY No. 496] NEW DELHI, THURSDAY, JULY 10, 2025/ASHADHA 19, 1947 THE BUREAU OF ENERGY EFFICIENCY NOTIFICATION New Delhi, the 10 July, 2025. No.5506/ BEE/S&L/LC/2025-26.—In exercise of the powers conferred by clause (i) and (1) of Sub- Section 2 of Section 58 read with clause (c) and (d) of Section 14 of the Energy Conservation Act, 2001 (52 of 2001), the Bureau of Energy Efficiency, with the previous approval of the Central Government, proposes to make the Bureau of Energy Efficiency (Labelling Compliance) Regulations, 2025. The proposed draft Regulations are hereby published in the Gazette of India, Extraordinary, as required by sub-section (1) of section 58 of the said Act, for the information of all the persons likely to be affected thereby and inviting their suggestions and objections (if any); and the notice is hereby given that the said draft regulations shall be taken into consideration on or after the expiry of a period of thirty days from the date of their publication in the Gazette of India, Extraordinary. Objections or suggestions, if any, may be addressed to the Director General of Bureau of Energy Efficiency, Ministry of Power, 4th Floor, Sewa Bhawan, R.K. Puram, Sector-1, New Delhi-110066 through post and email at helpdesk@beeindia.gov.in Objections or suggestions which may be received from any person with respect to the said draft regulations before the expiry of the period of thirty days specified in para 1 above shall be taken into consideration by the Bureau of Energy Efficiency. Draft Regulations 1. Short title and commencement.- (1) These regulations may be called the Bureau of Energy Efficiency (Labelling Compliance) Regulations, 2025. (2) These Regulations shall come into force on the date of their publication in the Official Gazette. 2. Definitions.- (1)In these regulations, unless the context otherwise requires: - (a) "Act" means the Energy Conservation Act, 2001 (52 of 2001); (b) "State Designated Agency(ies)" means any agency(ies) designated under clause (d) of Section 15 of the Act; (c) "Label" means a printed matter, bearing a unique number, affixed to, or displayed on an appliance or equipment as specified in the Bureau of Energy Efficiency (Label Particulars) Regulation, 2025. (d) “Permittee” means a person authorized to affix labels on appliance or equipment as per provisions of the Bureau of Energy Efficiency (Appliance Labelling) Regulations, 2025; (e) "Person" means and includes any individual, association or body of persons, partnership firm, limited liability partnership and company, whether incorporated or not; (2) Words and expressions used herein and not defined, but defined in the Act, shall have meanings respectively assigned to them in the Act. 3. Objective.- The objective of these regulations is to establish a robust mechanism for ensuring the accuracy and authenticity of labels affixed to appliances or equipment. These regulations further provide for procedures for addressing non-compliance thereby safeguarding consumer interests. 4. Applicability.- These regulations shall be applicable to all appliances or equipment as specified under Bureau of Energy Efficiency (Appliance Labelling) Regulations, 2025. 5. Compliance Verification by Bureau.-The Bureau, or State Designated Agencies, shall undertake verification, at such intervals as may be deemed necessary, to ensure that any appliance or equipment, complies with the requirements as prescribed under the Bureau of Energy Efficiency (Appliance Labelling) Regulations, 2025 and the Bureau of Energy Efficiency (Label Particulars) Regulation, 2025 through any of the following ways: (a) Label Verification as prescribed under Regulation 5 of these regulations; (b) Check Testing as prescribed under Regulation 6 of these regulations; (c) Any other reasonable methods deemed necessary by the Bureau to verify compliance. 6. Label Verification.- (1) The Bureau or State Designated Agencies shall undertake verification of the particulars displayed on the label affixed on any appliance or equipment by conducting Market Surveillance or such other similar activities. (2) In the event that any appliance or equipment does not have any label affixed or fails Label Verification, the Bureau or State Designated Agency shall issue a show-cause notice to the concerned Permittee, informing him regarding the identified non-compliance and seeking an explanation in writing within thirty (30) days of issuance of the show-cause notice. (3) In case the Permittee does not submit an explanation to the satisfaction of the Bureau, within the prescribed time limit, the Bureau shall undertake the following actions against the said Permittee: (iv) Forfeit the label security deposit; (v) Suspend the model registration from the appliance category for a period of one (1) year and display the suspension details on official website of Bureau; and (vi) The Bureau or State Designated Agency shall initiate action to impose penalty under section 26 of the Act. 7. Check Testing.-(1) The Bureau or State Designated Agency may either suo motu or on receipt of a complaint, as the case may be, carry out check testing to ensure that all or any appliance or equipment, conforms to the energy performance standards and norms as prescribed by the Bureau under Section 14 (a) of the Act, from time to time. (2) For suo moto verification, the Bureau or State Designated Agency may procure a sample of the equipment from the manufacturing facilities, open market, online platforms or any other necessary means as it deems fit. (3) The Bureau or State Designated Agency shall intimate the Permittee at least 07 days prior to the scheduled date to witness the check test. (4) Provided that if the Permittee fails to witness the notified check test, the test results shall be deemed to be valid and binding, and action shall be initiated accordingly. (5) The Bureau or State Designated Agency may verify the energy performance of models through check testing conducted at identified laboratories for such purpose or by directly obtaining and relying upon the energy performance results of testing at identified laboratories, or equipment undertaken by the Bureau of Indian Standards. (6) In the event of a failed check test, the Bureau or State Designated Agency shall intimate the results to the Permittee, who may, within fifteen (15) days of receipt, request a retest of the same sample, to be conducted in the same laboratory, with intimation from the Bureau to the Permittee to witness the retest. Provided that any such retest conducted at the request of the Permittee shall be at the sole cost and expense of the Permittee. (7) For check testing initiated upon a complaint received under sub-regulation (1), the complainant shall deposit all cost and expenses relating to testing, in the Bureau, within such time, as may be determined by Bureau, and if the sample passes under check testing, all cost and expenses shall be reimbursed by the Permittee to the Bureau and the Bureau shall refund the aforesaid expenses to the complainant and where the sample passes the check test, then, the expenses deposited by the complainant shall stand forfeited. 8. Failure in Check Testing or Retest.-(1) If the appliance or equipment fails in the check test or retest, as the case may be, conducted as per provisions of Regulation 6 above, the Bureau or State Designated Agency shall: (a) publish within two (2) months from the date of intimation of failure of check test or the retest, as the case may be, for the benefit of the consumers, the details including but not limited to the name of the Permittee, brand name, model name or model number, logo and other specifications on its website, in any national daily newspaper, electronic/social media or any other manner as it deems fit. The Bureau shall recover the cost of publishing such advertisement from the Permittee. Provided that in case the Permittee fails to deposit expenses towards the cost of publishing advertisement mentioned above, the Bureau shall suspend the Permittee's appliance category registration for a period of one (1) year. (b) direct the Permittee, under intimation to all State Designated Agencies, within two (2) months from the date of intimation of failure of the check test or the retest, as the case may be, to: (i) withdraw all the stocks from the market to comply with the directions of the Bureau; (ii) change the particulars displayed on all advertising materials; (iii) correct the star level displayed on the label of the equipment; and (iv) remove the defects and deficiencies found during check testing from the existing and new stock of the concerned equipment. Also, the Permittee, within ten (10) days of the conclusion of the period of two (2) months from the date of issuance of intimation as mentioned herein above, shall send an action taken report in the prescribed format to the Bureau. (2) In the event the Permittee fails to comply with the directions issued under Sub-Regulation 7(1) as mentioned herein above, the Bureau, under intimation to all State Designated Agencies, shall- (a) withdraw the permission to affix the label granted to the Permittee under the Bureau of Energy Efficiency (Appliance Labelling) Regulations, 2025, for three (3) months at first instance of non-compliance, and for six (6) months in subsequent instances; (b) intimate concerned State Designated Agency to initiate further adjudication proceedings against the Permittee under Section 27 of the Act. (3) For any other non-compliance, including but not limited to affixing or selling appliances or equipment with counterfeit labels, altering genuine labels, replacing genuine labels with unauthorised labelsand creating labels that mimic design, layout or content of genuine labels issued by the Bureau, detected by the Bureau and/or the State Designated Agency(ies) with respect to any appliance or equipment, the Bureau or State Designated Agency shall take a necessary action in accordance with the provisions of the Act, or any other relevant laws, rules, regulation, or notifications applicable within the jurisdiction of India. 9. Operational Manual on Standards and Labelling Programme.- (1) The Bureau shall publish on its website an Operational Manual for the implementation of the Standards and Labelling Programme. The said Operational Manual shall, inter-alia, include the following: (a) Procedure for undertaking the Market Surveillance activity or any other similar activity by the Bureau or State Designated Agency(ies); (b) Procedure for undertaking check testing; and (c) Required formats. (2) The procedures outlined in the Operational Manual shall be binding on all participating entities in the Standard and Labelling Programme. AKASH TRIPATHI, Director General [ADVT.-III/4/Exty./229/2025-26] Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. GORAKHA NATH YADAVA Digitally signed by GORAKHA NΑΤΗ YADAVA Date: 2025.07.15 15:33:00 +05'30'