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Shambhavi Suyesha
| Updated: 30 Aug, 2022 | Category: BEE Registration

An Overview of BEE Regulations 2022

BEE Regulations 2022
Reading Time: 9 minutes

The Bureau of Energy Efficiency or BEE published a notification on 25th august 2022 with prior approval of the Central Government, which is proposing an amendment to the Bureau of Energy Efficiency (Particulars and Manner of their Display of Labels of Distribution Transformer) Regulation 2009. It is a draft regulation of the said amendment. 

Introduction to the notification of BEE Regulations 2022

The Bureau of Energy Efficiency[1] publishes the notification regarding the draft regulation in the exercise of the powers conferred by Section 58 (2) (i) read with Section 13 (2) (n) of the Energy Conservation Act, 2001. 

As per Section 58 (1) of the Energy Conservation Act, 2001, the proposed draft amendments regulations are published in the Gazette of India, for the information of all persons likely to be affected and for inviting their suggestions and objections on or before the expiry of thirty days period from publication’s date of the Regulations in the Gazette of India. 

These regulations are called Bureau of Energy Efficiency (Particulars and Manner of their Display on Labels of Distribution Transformer) Amendment Regulations, 2022, hereinafter referred to as BEE Regulations 2022. They will come into effect on the date of their publication in our Official Gazette. 

Different Definitions under BEE Regulations 2022

Regulation 2 of the BEE Regulations 2022 has given definitions of different related terms, some of which are as follows:

Label

A label means any written, printed, marked, stamped or graphic matter affixed to or appearing upon distribution transformer, where distribution transformer means an appliance as specified in the notification given by the Central Government in consultation with the BEE under the Energy Consumption Act, 2001.

Label Period 

The validity period of the relative energy efficiencies or loss standards is called the label period. It is total losses at 50% as well as 100% loading of distribution transformer as notified by the Central Government of India under Section 14 (a) of the Energy Consumption Act, 2001, meaning the norms for processes and energy consumption standards for any equipment, an appliance that consumes, generates, transmits or supplies energy, and in case end of such validity period of relative energy efficiencies or loss standards is not notified then it is deemed to be valid till the new values for the same are notified by the Central Government.

Permittee 

The person or agency is permitted to affix a label by the Bureau of Energy Efficiency are called permittee under BEE Regulations 2022.

Star rating or Star Level

The grade of energy efficiency displayed on the Label of the distribution transformer based on the losses at 50% and 100% loading of the distribution transformer notified by the Central Government in Section 14 (a) of the Energy Consumption Act, 2001, as norms for processes and energy consumption standards for any equipment, an appliance which consumes, generates, transmits or supplies energy, to denote the relative energy efficiencies or loss standards that is total losses at 50 and 100% loading of the distribution transformer. 

Trader or seller 

Concerning any distribution transformer, the trader or seller is a person who sells or distributes any such distribution transformer and also includes a shopkeeper, trader, manufacturer and Permittee who is permitted to affix Label on such distribution transformer. 

Forms mentioned under BEE Regulations 2022

The following forms are specified under the Bureau of Energy Efficiency (Particulars and Manner of their display on Label of Distribution Transformer) Regulations, 2022:

FORM I-(A) Application for registration of a brand of distribution transformer
FORM I-(B) Application for permission to affix Label on Distribution Transformer
FORM II-(A) Permission for registration of a brand of distribution transformer
FORM II-(B) Permission or Renewal of Permission to affix Label on Distribution Transformer
FORM III Register of Permittees to be maintained by Bureau of Energy Efficiency
FORM IV Declaration by Permittee seeking continuation of the permission to affix Label on the existing model
FORM V Direction to Permittee on failure of 2nd check testing
FORM VI Action Taken Report

Particulars displayed on Label as per BEE Regulations 2022

The following particulars must be displayed on every distribution transformer’s Label:

  • Logo of Bureau of Energy Efficiency 
  • Equipment 
  • Type 
  • Make, Manufacture, importer
  • Model or manufacturing year 
  • Transformer capacity in kVA
  • Voltage in kV
  • Total losses at 50% loading in watts
  • Total losses at 100% loading in watts
  • Unique label series code
  • Star Level 
  • Label period 

Display of labels as discussed under BEE Regulations 2022

The display of labels on the distribution transformer is thoroughly discussed under the Regulations. The following are the aspects which are focused related to the display of labels:

Time Limit for a display of labels

Under Regulation 4, it is stated that a label containing all the particulars is displayed on every distribution transformer within six months from the date of coming into force of these Regulations.

Every Permittee, trader or seller, on and from the commencement of revised energy consumption standards as notified by the Central Government:

  • Shall not produce the distribution transformer with the previous energy consumption standards
  • The distribution transformer shall display the revised label period and star level with the revised energy consumption standard ad manufacturing year of the distribution transformer in synchronisation with the revised energy consumption standards.
  • All preparatory steps, including awareness of dealers, retailers and requisite publicity for their education of consumers, are planned and action taken in advance.

Manner of display of Label

As per Regulation 5, on every distribution transformer, the Label shall be stamped as follows:

  • The Label is to be affixed at the front of a display unit and should be easily visible, and the Permittee ensures that the Label appears on every registered unit or model on display for identification purposes at the point of sale or hire and label is also printed or posted to exterior to the casing containing the unit or model.
  • For the units not on display, the Label is printed or pasted to the exterior of the casing, and this Label is attached to the unit or model when the unit or model is removed from its packaging, or the Label is included as part of the documents given to consumer or user. 

Permission for display of Label 

According to Regulation 6 of BEE Regulations 2022, no star label is affixed on a distribution transformer without obtaining prior permission from the Bureau of Energy Efficiency.

For obtaining company registration permission from the Bureau of Energy Efficiency, every brand is registered separately, accompanied by a label security fee of Rs. 1,00,000/- payable by electronic mode of payment. However, in the case of small-scale industry, the label security fee is Rs. 25,000/-.

For obtaining permission for model registration, every application of the Permittee is accompanied by 

  • An application fee of Rs. 2,000/- per model payable by electronic mode of payment 
  • Documents

Grant of permission to affix Label

Regulation 7 of BEE Regulations 2022 talks about the grant of permission to affix Labels. On receipt of an application under previous Regulation and after being satisfied that all requirements comply with the Bureau of Energy Efficiency within a period as specified in the manual of standards and labelling. However, the following are a few terms and conditions required to be followed:

  • Register the brand in the specified Form in an electronic form
  • Grant permission for affixing the Label on the distribution transformer in the same specified Form in the electronic Form

The Bureau of Energy Efficiency maintains a register in a prescribed Form (Form III) and enters the name of the Permittee therein.

The permission granted here is valid till the star level as specified by the energy consumption standard notified by Central Government.

In case of revision of the star rating plan, the Permittee makes the application for renewal of permission one month before its expiry. Such application is also accompanied by the fee of Rs. 1,000/- payable in electronic mode in favour of the Bureau of Energy Efficiency. And in the case of an extension of the star rating plan, the renewal fee is exempted. 

No application is renewed after the expiry of the validity period, and so the Permittee has to make a new application as per this BEE Regulations 2022.

After being satisfied with the received application for renewal that all requirements are complied with by the Bureau of Energy Efficiency within the period of one month from the date of receipt of such application, renew the permission in the prescribed Form. 

From the date on which the revised star level is enforced, the Permittee submits only a Declaration in prescribed Form IV. 

The Permittee also seeks permission to affix a fresh Label if a new model of a distribution transformer is planned to be launched to synchronise with such revised star level, and application for the same is made in advance of six months of enforcement of such revised star level. 

Terms & Conditions for display of particulars on Label

Following are terms and conditions which every trader, Permittee and seller comply with in displaying the particulars on Label as stated under 8 of BEE Regulations 2022:

  • The Star level displayed on the distribution transformer’s Label must conform to energy consumption standards for the distribution transformer as notified by Central Government.
  • The Label must be affixed on such model of distribution transformer only, for which permission is granted.
  • The Label must be printed and affixed on the distribution transformer at the cost of the Permittee.
  • The Permittee, trader, and seller must ensure that the star level displayed on the distribution transformer label is maintained all the time. 
  • The Permittee must pay the label fee.
  • The Permittee must furnish to the Bureau of Energy Efficiency a statement that contains details of the production of labelled equipment and accrued labelling fee due for each quarter within the following month of the close of each quarter of the financial year.
  • The Permittee must furnish to Bureau with an updated list of authorised distributors, dealers, retailers & sellers appointed to sell their labelled products or goods by 30th April of each year.
  • The Permittee, trader and seller must comply with other terms and conditions which the manual on standards and labelling of the Bureau.

Labelling Fee as per BEE Regulations 2022

As per Regulation 9, every Permittee has to pay to the Bureau of Energy Efficiency for a label affixed on the distribution transformer. This label fee is paid annually within one month from the date of closure of each financial year. 

However, on failure to pay such label fee with the specified fee, the Bureau recovers the amount due with interest at 10% per annum from the label security fee. If complete labelling fees are not collected or recovered within one year of the last date of submission, the Bureau cancels all labels granted to the Permittee and publishes the name of the Permittee in the newspaper as a defaulter. 

Regulation 10 talks about the refund of label security fee that a permittee is entitled to refund of a label security fee on cease of the manufacture distribution transformer. 

Verification of particulars of Label under BEE Regulations 2022

Regulation 11 discusses the verification by Bureau or its designated agency. The Bureau or its agency, either on its own or on a complaint received, conducts verification to ensure that the distribution transformer conforms to the star level and other specified particulars on its Label, and it also ensures that it complies with other terms and conditions of permissions granted by the Bureau. 

For the purpose of verification, samples are picked up at random by the Bureau or its Agency from a manufacturing facility, warehouse or retail outlet as it deems fit and it subjected to the followings:

  • Measurement of winding resistance test
  • Measurement of impedance voltage or short circuit impedance and load loss
  • Measurement of no-load loss and current test
  • Temperature rise test
  • Short circuit test

Where a complaint is received under this BEE Regulations 2022, the Bureau carries out verification by challenge testing the distribution transformer in an independent laboratory duly accredited by the National Accreditation Board for Testing and Calibration Laboratories, a notice is issued to Permittee in prescribed Form V for carrying out such testing, and the complainant is called to deposit, such expenses relating to sample cost, testing, transportation & other incidental expenses with Bureau within such time as determined by Bureau. If the sample drawn under the challenge testing fails, then all expenses towards the cost of sample, transportation, and testing charges are reimbursed by Permittee to Bureau. Bureau refunds the expenses to the complainant, and where the equipment passes the challenge test, then the expenses deposited by the complainant stand forfeited.

If samples of distribution transformer used for testing fails, then the Permittee offers another opportunity, and the Bureau conducts a second test with twice the quantity of distribution transformer in an independent test laboratory which is different from the first one and is duly accredited by the National Accreditation Board for Testing & Calibration Laboratories at the cost of Permittee.

In case the second test also fails, then the Bureau:

  • Directs the Permittee that within a period of two months:
  1. Correct the star level displayed on the Label of the distribution transformer/remove defects and deficiencies found during testing.
  2. Withdraw all stocks from the market to comply with directions of the Bureau
  3. Change particulars displayed on advertising material
  • For the benefit of consumers, publish any permittee’s name, brand name, model name or model number, logo and other specifications in any regional or national newspaper, and also in any electronic means or any other manner, within two months intimate to State Designated Agency to start adjudication proceeding against Permittee and trader under Section 27 of the Energy Conservation Act, 2001. 

The BEE Regulations 2022, under the same Regulation, also states that the Permittee within ten days of the conclusion of the said period of two months:

  • Sends the compliance report in prescribed Form VII to the Bureau for the action taken in compliance with the direction, and 
  • If such compliance report is not received or received without complying with any direction within the specified time period, then it is deemed as non-compliance with the direction issued, and orders to that effect are passed by the Bureau of Energy Efficiency (BEE). 

Bureau sent a copy of such compliance report and said orders passed along with the necessary documents to the State Designated Agency to take action and enforce orders passed.

If the Permittee fails to comply with directions issued by the Bureau, then Bureau:

  • Withdraws permission granted to Permittee 
  • Sends a report to Central Government accompanied by the test report in support of failure by the Permittee to conform to energy consumption standards as notified by the Central Government, directions of the Bureau for consideration and taking action by the Central Government.
  • For the benefit of consumers, publish any permittee’s name, brand name, model name or model number, logo and other specifications in any regional or national newspaper, and also in any electronic means or any other manner, within two months
  • Intimate to State Designated Agency to start adjudication proceeding against Permittee and trader under Section 27 of the Energy Conservation Act, 2001. 

Cancellation of permission under BEE Regulations 2022

The Bureau of Energy Efficiency may cancel the permission granted (under Regulation 7) to Permittee as per Regulation 12 if the Permittee:

  • Fails to comply with any of the terms & conditions as stated above
  • Fails to pay label fee within the specified time period 
  • Fails to comply with directions issued under the previous Regulation, i.e., Regulation 11. 

Schedule Under BEE Regulations 2022

The Schedule talks about the particulars to be displayed on labels of the distribution transformer, such as:

  • Label design, size, colour scheme and content of Label 
  • Label material

Conclusion 

The BEE Regulations 2022 contains 12 Regulations where it gives the direction to the Permittee related to distribution transformer, Label on distribution transformer, label fee, etc. 

Read our Article:BEE Registration Process in India: Explained

Shambhavi Suyesha

Shambhavi holds a strong legal background, having completed her BA LLB and LLM. She is particularly interested in legal research and writing, and wishes to utilise her knowledge to create informative legal content. She is an analytical researcher and keeps herself updated about the current legal affairs. She also holds prior experience in publishing articles on assorted legal areas.

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