Air Cooler and Air Filters (Quality Control) Order, 2023

Introduction: The Ministry of Commerce and Industry, through the Department for Promotion of Industry and Internal Trade, has issued a significant Order on March 5, 2024, exercising powers under the Bureau of Indian Standards Act, 2016. This Order focuses on ensuring the quality control of Air Coolers and Air Filters, emphasizing conformity to specific Indian Standards.

Detailed Analysis:

1. Short Title and Commencement: The Order is officially titled the “Air Cooler and Air Filters (Quality Control) Order, 2023.” It is set to come into force six months from the date of its publication in the Official Gazette. This provides a transition period for businesses to align with the specified standards.

2. Conformity to Standard and Compulsory use of Standard Mark: Goods or articles falling under the scope of this Order must conform to the corresponding Indian Standards specified in the Table. They are also required to bear the Standard Mark under a license from the Bureau of Indian Standards. Certain exemptions are granted, such as for goods manufactured domestically for export and specific relaxation periods for micro and small enterprises.

3. Certification and Enforcement Authority: The Bureau of Indian Standards is designated as the certifying and enforcing authority for the goods or articles mentioned in the Table. This centralization ensures consistent and standardized implementation across the industry.

4. Penalty for Contravention: Stringent measures are in place for those who contravene the provisions of this Order. Any person found in violation will face penalties under the provisions of the Bureau of Indian Standards Act, 2016. This emphasizes the government’s commitment to maintaining the integrity of quality standards in the market.

Conclusion: The Air Cooler and Air Filters (Quality Control) Order, 2023, reflects the government’s dedication to ensuring the quality and safety of products in the market. By adhering to specified standards, obtaining certification, and facing penalties for non-compliance, the industry is poised to enhance overall product quality, consumer safety, and regulatory compliance. Businesses are urged to familiarize themselves with the Order’s provisions and take proactive measures to meet the stipulated standards within the provided timelines.

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MINISTRY OF COMMERCE AND INDUSTRY
(Department for Promotion of Industry and Internal Trade)
ORDER

New Delhi, the 5th March, 2024

S.O. 1114(E).—In exercise of the powers conferred by section 16 of the Bureau of Indian Standards Act, 2016 (11 of 2016), the Central Government, after consulting the Bureau of Indian Standards, is of the opinion that it is necessary or expedient so to do in the public interest, hereby makes the following Order, namely:-

1. Short title and commencement. – (1) This Order may be called the Air Cooler and Air Filters (Quality Control) Order, 2023.

(2) It shall come into force on the expiry of six month from the date of publication of this notification in the Official Gazette.

2. Conformity to Standard and Compulsory use of Standard Mark.- Goods or articles specified in column (1) of the Table shall conform to the corresponding Indian Standard mentioned in column (2) of the said Table and shall bear the Standard Mark under a license from the Bureau of Indian Standards as per Scheme-1 of Schedule-II to the Bureau of Indian Standards (Conformity Assessment) Regulations, 2018:

Provided that nothing in this Order shall apply to goods or articles manufactured domestically for export:

Provided further that nothing in this order shall apply to micro enterprises, as defined under clauses (h) and (m), respectively of section 2 of the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006), till the expiry of twelve months from the date of publication of this notification:

Provided also that nothing in this order shall apply to small enterprises, as defined under clauses (h) and (m), respectively of section 2 of the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006), till the expiry of nine months from the date of publication of this notification:

Provided also that nothing in this Order shall apply to goods or articles manufactured domestically by an enterprise, registered under ‘Udyam portal’ of the Ministry of Micro, Small and Medium Enterprises, wherein the investment in plant and machinery or equipment at original cost does not exceed twenty-five lakh rupees and the turnover does not exceed two crore rupees for the previous financial year as certified by a Chartered Accountant.

3. Certification and enforcement authority.- The Bureau of Indian Standards shall be the certifying and enforcing authority for the goods or articles specified in the Table.

4. Penalty for Contravention.- Any person who contravenes the provisions of this order shall be punishable under the provisions of the Bureau of Indian Standards Act, 2016.

TABLE

Note.- For the purposes of this Table, the latest version of Indian Standards including the amendments thereof, as notified by the Bureau of Indian Standards from time to time shall apply.

[F. No. P-29026/25/2023-LEI]
SANJIV, Jt. Secy.