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THE GAZETTE OF INDIA: EXTRAORDINARY

[PART II—SEC. 3 (ii)]

MINISTRY OF INDUSTRY

(Department of Industrial Development)

ORDER

New Delhi, the 18th December, 1978

S.O. 715(E).—In exercise of the powers

conferred by

section 3 of the Essential Commodities Act, 1955 (10 of 1955),

tho Central Government hereby makes the following order

to amend the

Household

Electrical

Appliances

(QuaJity

Control) Order, ly76, nmnely :—

1. (1) This order may be called the Household Electrical

Appliances (Quality Control) Amendment Order, 197ft,

(2) It shall come into force on the date of its publication

in the Official Gazette.

2. In the Household Electrical Appliances (Quality Control)

Order, 1976—-

(1) in clause 2, sub-clause (a) shall be renumbered as sub-

clause (aa) and before sub-clause (aa) as so renumbered, the

following sub-clause shall bo inserted, namely :—-

'(a) "Director of Industries" means tile Director of Indus-

tries appointed by a State Government ;';

(2) after clause. 3, tho following clauses shall be inserted,

namely :—

"4. (1) Power (o call for Information etc—The Director

of Industries may with a view to securing compliance with

this order —

(a) require any person engaged in the

manufacture,

storage for sale, sale or distribution of any house-

hold electrical appliance to give such information

as he deems necessary in relation to the manufac-

ture, storage for sale, sate or distribution' of

any

household electrical appliance as he deems necea-

sary for the implementation of this order or require

any such person to furnish to him sample* of any

household electrical appliance or

any

component

of any household electrical appliance;

(b) inspect or cause to be inspected any book* or other

documents or any household electrical appliance or

the components

any

household

electrical

appliance kept by or belonging to or in the posses-

sion or under the control of any person engaged in

tha manufacture, storage for sale, sale or< distribu-

tion of any household electrical appliance;

hold electrfcal appliance in respect of which he has

reason to believe that a contravention of this order

has been committed or is not

of the'

specified

standard.

2. The provisions of section 100 of the Criminal Procedure

Code, 1973 (2 of 1974) relating to search and seizure, shall

no far as may be, apply to searches and seizers under this

clause.

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5. (1) Testing of samples.—Where the Director of Indus-

tries 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, he may take from any

parson engaged in the manufacture, storage for sale, sale or

distribution of any such electrical appliance a sample or

samples thereof,

(2) The sajnplc or samples shall be taken in the presence

of the person so engaged in the manufacture, storage for sale,

sale or distribution of such electrical appliance or his autho-

rised representative mid a receipt in such form as may be

specified by the Central Government shall be given to such

person in respect of the sample or samples so taken and the

price of the article or appliance shall be paid by the Director

of Industries to such person.

(3) Where the Director of Industries has taken any sample

of any house-hold electrical appliance under sub-cluuse (1),

ho shall deliver the same for testiDg to anly laboratory autho-

rised for the purpose by the Central Government to ascer-

tain whether the household electrical appliance is of the

specified standard.

(4) The officer in-charge of the laboratory referred to

sub-clause (3) shall carry out or cause to be carried out all

tests necessary to determine whether such house-hold electri-

cal appliance is of the specified standard and give a report of

the result of the tests in triplicate in such forms as may be

specified by the Central Government.

6. Power to prohibit the disposal of any house-hold electri-

cal appliance.—-Whether the Director of Industries has reason

to believe that any household electrical appliance is not of

Ihe specified standard and the defect can be removed, he

may direct the person engaged in the manufacture of storage

for sale, sale or distribution of such appliance to remove

the defect within such time not exceeding twenty days, as may

be specified by the Director of Industries and not to dispose

of such appliance until the defect is removed.

7. Power to Issue directions.—The Director of Industries

may issue such directions consistent with the provisions of

this order as may be necessary in carrying out the purposes

of this order.

8. Compliance of directions.—Every person engaged in the

manufacture

storage for sale, sale or distribution of any

house-hold electrical appliance, to

whom any direction js

issued under ihlsi order shall comply with such direction.

9. Delegation at powers..—The Director of Industries may,

by general or special order in writing, and with the approval

of the Central Government, authorise any officer to exercise

on his behalf all or any of his functions and power* under

this order :

Provided that no officer below the rank of an Assistant

Director of Industries or equivalent rant shall be

authorised by the Director of Industries to exercise

the power of search and seizure under paragraph

10. Obligation to furnish Information.—No person

shall

with intent to evade the provisions of this ordor refuse to

give information lawfully demanded from him under clause

4 or conceal, destroy, mutilate or deface any book, of do-

cuqientf) or any house-hold electrical appliance kept by such

person or in tho possession or control of such person.

11. Any person aggrieved by the seizure of any house-hold

electrical appliance under paragraph (c) of sub-clause (]) of

clause 4 may appeal to the Central

Government within

thirty days of the date on which such appliance is so seized

and the decision of the Central Government on such appeal

shall be final."

[No. 5/71/77-E1. Ind.l

G. V. RAMAKRISHNAN, Addl. Secy.

PRINTED BY THE MANAGER, OOVT. OF INDIA PRESS, RING ROAD, NEW DELHI-110064

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-110054, 1978