THE ENERGY CONSERVATION ACT, 2001
ACT NO. 52 OF 2001
[29th September, 2001.]
An Act to provide for efficient use of energy and its conservation and
for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Fifty-second Year of the Republic
of India as follows:-
CHAP
PRELIMINARY
CHAPTER I
PRELIMINARY
1.
Short title, extent and commencement.
1. Short title, extent and commencement.-(1) This Act may be called
the Energy Conservation Act, 2001.
(2) It extends to the whole of India except the State of Jammu and
Kashmir.
(3) It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint; and different
dates may be appointed for different provisions of this Act and any
reference in any such provision to the commenceme t of this Act shall
be construed as a reference to the coming into force of that
provision.
2.
Definitions.
2. Definitions.-In this Act, unless the context otherwise requires,-
(a) "accredited energy auditor" means an auditor possessing
qualifications specified under clause (p) of sub-section (2) of
section 13;
(b) "Appellate Tribunal" means the Appellate Tribunal for Energy
Conservation established under section 30;
(c) "building" means any structure or erection or part of a structure
or erection, after the rules relating to energy conservation building
codes have been notified under clause (a) of section 15 or clause (l)
of sub-section (2) of section 56, which is h ving a connected load of
500 kW or contract demand of 600 kVA and above and is intended to be
used for commercial purposes;
(d) "Bureau" means the Bureau of Energy Efficiency established under
sub-section (1) of section 3;
(e) "Chairperson" means the Chairperson of the Governing Council;
(f) "designated agency" means any agency designated under clause (d)
of section 15;
(g) "designated consumer" means any consumer specified under clause
(e) of section 14;
(h) "energy" means any form of energy derived from fossil fuels,
nuclear substances or materials, hydro-electricity and includes
electrical energy or electricity generated from renewable sources of
energy or bio-mass connected to the grid;
(i) "energy audit" means the verification, monitoring and analysis of
use of energy including submission of technical report containing
recommendations for improving energy efficiency with cost benefit
analysis and an action plan to reduce energy consump ion;
(j) "energy conservation building codes" means the norms and standards
of energy consumption expressed in terms of per square metre of the
area wherein energy is used and includes the location of the building;
(k) "energy consumption standards" means the norms for process and
energy consumption standards specified under clause (a) of section 14;
(l) "Energy Management Centre" means the Energy Management Centre set
up under the Resolution of the Government of India in the erstwhile
Ministry of Energy, Department of Power No. 7(2)/87- EP(Vol. IV),
dated the 5th July, 1989 and registered under the ocieties
Registration Act, 1860 (21 of 1860);
(m) "energy manager" means any individual possessing the
qualifications prescribed under clause (m) of section 14;
(n) "Governing Council" means the Governing Council referred to in
section 4;
(o) "member" means the member of the Governing Council and includes
the Chairperson;
(p) "notification" means a notification in the Gazette of India or, as
the case may be, the Official Gazette of a State;
(q) "prescribed" means prescribed by rules made under this Act;
(r) ''regulations'' means regulations made by the Bureau under this
Act;
(s) "Schedule" means the Schedule to this Act;
(t) ''State Commission'' means the State Electricity Regulatory
Commission established under sub-section (1) of section 17 of the
Electricity Regulatory Commissions Act, 1998 (14 of 1998);
(u) words and expressions used and not defined in this Act but defined
in the Indian Electricity Act, 1910 (9 of 1910) or the Electricity
(Supply) Act, 1948 (54 of 1948) or the Electricity Regulatory
Commissions Act, 1998 (14 of 1998) shall have the me nings
respectively assigned to them in those Acts.
CHAP
BUREAU OF ENERGY EFFICIENCY
CHAPTER II
BUREAU OF ENERGY EFFICIENCY
3.
Establishment and incorporation of Bureau of Energy Efficiency.
3. Establishment and incorporation of Bureau of Energy
Efficiency.-(1) With effect from such date as the Central Government
may, by notification, appoint, there shall be established, for the
purposes of this Act, a Bureau to be called the Bureau of Ener y
Efficiency.
(2) The Bureau shall be a body corporate by the name aforesaid having
perpetual succession and a common seal, with power subject to the
provisions of this Act, to acquire, hold and dispose of property, both
movable and immovable, and to contract, and sh ll, by the said name,
sue or be sued.
(3) The head office of the Bureau shall be at Delhi.
(4) The Bureau may establish offices at other places in India.
4.
Management of Bureau.
4. Management of Bureau.-(1) The general superintendence, direction
and management of the affairs of the Bureau shall vest in the
Governing Council which shall consist of not less than twenty, but not
exceeding twenty-six, members to be appointed by the C entral
Government. n amely:-
(2) The Governing Council shall consist of the following members,
(a)the Minister in charge of the Ministry or Department of the Central
Government dealing with the Power ex officio Chairperson;
(b) the Secretary to the Government of India, in charge of the
Ministry or Department of the Central Government dealing with the
Power ex officio member;
(c) the Secretary to the Government of India, in charge of the
Ministry or Department of the Central Government dealing with the
Petroleum and Natural Gas ex officio member;
(d) the Secretary to the Government of India, in charge of the
Ministry or Department of the Central Government dealing with the Coal
ex officio member;
(e) the Secretary to the Government of India, in charge of the
Ministry or Department of the Central Government dealing with the
Non-conventional Energy Sources ex officio member;
II
(f) the Secretary to the Government of India, in charge of the
Ministry or Department of the Central Government dealing with the
Atomic Energy ex officio member;
(g) the Secretary to the Government of India, in charge of the
Ministry or Department of the Central Government dealing with the
Consumer Affairs ex officio member;
(h) Chairman of the Central Electricity Authority established under
the Electricity (Supply) Act, 1948 (54 of 1948) ex officio member;
II
(i) Director-General of the Central Power Research Institute
registered under the Karnataka Societies Act, 1960 (Karnataka Act 17
of 1960) ex officio member;
(j) Executive Director of the Petroleum Conservation Research
Association, a society registered under the Societies Registration
Act, 1860 (XXI of 1860) ex officio member;
(k) Chairman-cum-Managing Director of the Central Mine Planning and
Design Institute Limited, a company incorporated under the Companies
Act, 1956 (1 of 1956) ex officio member;
(l) Director-General of the Bureau of Indian established officio
member; under the Bureau of Indian Standards Act, 1986 (63 of 1986)
ex Department of
(m) Director-General of the National Test House, Supply, Ministry of
Commerce and Industry, Kolkata ex officio member;
(n) Managing Director of the Indian Renewable Energy Development
Agency Limited, a company incorporated under the Companies Act, 1956
(1 of 1956) ex officio member;
(o) one member each from the five power regions representing the
States of the region to be appointed by the Central Government ex
officio members;
(p) such number of persons, not exceeding four as may be prescribed,
to be appointed by the Central Government as members from amongst
persons who are in the opinion of the Central Government capable of
representing industry, equipment and appliance manufacturers,
architects and consumers ex officio members;
(q) such number of persons, not exceeding two as may be nominated by
the Governing Council as members ex officio members;
(r) Director-General of Bureauex officio Member- Secretary.
(3) The Governing Council may exercise all powers and do all acts and
things which may be exercised or done by the Bureau.
(4) Every member referred to in clauses (o), (p) and (q) of
sub-section (2) shall hold office for a term of three years from the
date on which he enters upon his office.
(5) The fee and allowances to be paid to the members referred to in
clauses (o), (p) and (q) of sub-section (2) and the manner of filling
up of vacancies and the procedure to be followed in the discharge of
their functions shall be such as may be prescr bed.
5.
Meetings of Governing Council.
5. Meetings of Governing Council.-(1) The Governing Council shall
meet at such times and places, and shall observe such rules of
procedure in regard to the transaction of business at its meetings
(including quorum at such meetings) as may be provided by regulations.
(2) The Chairperson or, if for any reason, he is unable to attend a
meeting of the Governing Council, any other member chosen by the
members present from amongst themselves at the meeting shall preside
at the meeting.
(3) All questions which come up before any meeting of the Governing
Council shall be decided by a majority vote of the members present and
voting, and in the event of an equality of votes, the Chairperson or
in his absence, the person presiding, shall h ve a second or casting
vote.
6.
Vacancies, etc., not to invalidate proceedings of Bureau, GoverningCouncil
or Committee.
6. Vacancies, etc., not to invalidate proceedings of Bureau,
Governing Council or Committee.-No act or proceeding of the Bureau or
the Governing Council or any Committee shall be invalid merely by
reason of-
(a) any vacancy in, or any defect in the constitution of, the Bureau
or the Governing Council or the Committee; or
(b) any defect in the appointment of a person acting as a
Director-General or Secretary of the Bureau or a member of the
Governing Council or the Committee; or
(c) any irregularity in the procedure of the Bureau or the Governing
Council or the Committee not affecting the merits of the case.
7.
Removal of member from office.
7. Removal of member from office.-The Central Government shall remove
a member referred to in clauses (o), (p) and (q) of sub-section (2) of
section 4 from office if he-
(a) is, or at any time has been, adjudicated as insolvent;
(b) is of unsound mind and stands so declared by a competent court;
(c) has been convicted of an offence which, in the opinion of the
Central Government, involves a moral turpitude;
(d) has, in the opinion of the Central Government, so abused his
position as to render his continuation in office detrimental to the
public interest:
Provided that no member shall be removed under this clause unless he
has been given a reasonable opportunity of being heard in the matter.
8.
Constitution of Advisory Committees and other committees.
8. Constitution of Advisory Committees and other committees.-(1)
Subject to any regulations made in this behalf, the Bureau shall,
within six months from the date of commencement of this Act,
constitute Advisory Committees for the efficient discharge of its
functions.
(2) Each Advisory Committee shall consist of a Chairperson and such
other members as may be determined by regulations.
(3) Without prejudice to the powers contained in sub-section (1), the
Bureau may constitute, such number of technical committees of experts
for the formulation of energy consumption standards or norms in
respect of equipment or processes, as it consider necessary.
9.
Director-General of Bureau.
9. Director-General of Bureau.-(1) The Central Government shall, by
notification, appoint a Director-General from amongst persons of
ability and standing, having adequate knowledge and experience in
dealing with the matters relating to energy production, supply and
energy management, standardisation and efficient use of energy and its
conservation.
(2) The Central Government shall, by notification, appoint any person
not below the rank of Deputy Secretary to the Government of India as
Secretary of the Bureau.
(3) The Director-General shall hold office for a term of three years
from the date on which he enters upon his office or until he attains
the age of sixty years, whichever is earlier.
(4) The salary and allowances payable to the Director-General and
other terms and conditions of his service and other terms and
conditions of service of the Secretary of the Bureau shall be such as
may be prescribed.
(5) Subject to general superintendence, direction and management of
the affairs by the Governing Council, the Director-General of the
Bureau shall be the Chief Executive Authority of the Bureau.
(6) The Director-General of the Bureau shall exercise and discharge
such powers and duties of the Bureau as may be determined by
regulations.
10.
Officers and employees of Bureau.
10. Officers and employees of Bureau.-(1) The Central Government may
appoint such other officers and employees in the Bureau as it
considers necessary for the efficient discharge of its functions under
this Act.
(2) The terms and conditions of service of officers and other
employees of the Bureau appointed under sub-section (1) shall be such
as may be prescribed.
11.
Authentication of orders and decisions of Bureau.
11. Authentication of orders and decisions of Bureau.-All orders and
decisions of the Bureau shall be authenticated by the signature of the
Director-General or any other officer of the Bureau authorised by the
Director-General in this behalf.
CHAP
TRANSFER OF ASSETS, LIABILITIES, ETC., OF ENERGY MANAGEMENT CENTRE TOBUREAU
CHAPTER III
TRANSFER OF ASSETS, LIABILITIES, ETC., OF ENERGY MANAGEMENT CENTRE TO
BUREAU
12.
Transfer of assets, liabilities and employees of Energy ManagemenrCentre.
12. Transfer of assets, liabilities and employees of Energy
Management Centre.-(1) On and from the date of establishment of the
Bureau-
(a) any reference to the Energy Management Centre in any law other
than this Act or in any contract or other instrument shall be deemed
as a reference to the Bureau;
(b) all properties and assets, movable and immovable of, or belonging
to, the Energy Management Centre shall vest in the Bureau;
(c) all the rights and liabilities of the Energy Management Centre
shall be transferred to, and be the rights and liabilities of, the
Bureau;
(d) without prejudice to the provisions of clause (c), all debts,
obligations and liabilities incurred, all contracts entered into and
all matters and things engaged to be done by, with or for the Energy
Management Centre immediately before that date, f r or in connection
with the purposes of the said Centre shall be deemed to have been
incurred, entered into, or engaged to be done by, with or for, the
Bureau;
(e) all sums of money due to the Energy Management Centre immediately
before that date shall be deemed to be due to the Bureau;
(f) all suits and other legal proceedings instituted or which could
have been instituted by or against the Energy Management Centre
immediately before that date may be continued or may be instituted by
or against the Bureau; and
(g) every employee holding any office under the Energy Management
Centre immediately before that date shall hold his office in the
Bureau by the same tenure and upon the same terms and conditions of
service as respects remuneration, leave, provident fun , retirement or
other terminal benefits as he would have held such office if the
Bureau had not been established and shall continue to do so as an
employee of the Bureau or until the expiry of six months from that
date if such employee opts not to be the employee of the Bureau within
such period.
(2) Notwithstanding anything contained in the Industrial Disputes Act,
1947 (14 of 1947) or in any other law for the time being in force, the
absorption of any employee by the Bureau in its regular service under
this section shall not entitle such emplo ee to any compensation under
that Act or other law and no such claim shall be entertained by any
court, tribunal or other authority.
CHAP
POWERS AND FUNCTIONS OF BUREAU
CHAPTER IV
POWERS AND FUNCTIONS OF BUREAU
13.
Powers and functions of Bureau.
13. Powers and functions of Bureau.-(1) The Bureau shall, effectively
co-ordinate with designated consumers, designated agencies and other
agencies, recognise and utilise the existing resources and
infrastructure, in performing the functions assigned to t by or under
this Act.
(2) The Bureau may perform such functions and exercise such powers as
may be assigned to it by or under this Act and in particular, such
functions and powers include the function and power to-
(a) recommend to the Central Government the norms for processes and
energy consumption standards required to be notified under clause (a)
of section 14;
(b) recommend to the Central Government the particulars required to be
displayed on label on equipment or on appliances and manner of their
display under clause (d) of section 14;
(c) recommend to the Central Government for notifying any user or
class of users of energy as a designated consumer under clause (e) of
section 14;
(d) take suitable steps to prescribe guidelines for energy
conservation building codes under clause (p) of section 14;
(e) take all measures necessary to create awareness and disseminate
information for efficient use of energy and its conservation;
(f) arrange and organise training of personnel and specialists in the
techniques for efficient use of energy and its conservation;
(g) strengthen consultancy services in the field of energy
conservation;
(h) promote research and development in the field of energy
conservation;
(i) develop testing and certification procedure and promote testing
facilities for certification and testing for energy consumption of
equipment and appliances;
(j) formulate and facilitate implementation of pilot projects and
demonstration projects for promotion of efficient use of energy and
its conservation;
(k) promote use of energy efficient processes, equipment, devices and
systems;
(l) promote innovative financing of energy efficiency projects;
(m) give financial assistance to institutions for promoting efficient
use of energy and its conservation;
(n) levy fee, as may be determined by regulations, for services
provided for promoting efficient use of energy and its conservation;
(o) maintain a list of accredited energy auditors as may be specified
by regulations;
(p) specify, by regulations, qualifications for the accredited energy
auditors;
(q) specify, by regulations, the manner and intervals of time in which
the energy audit shall be conducted;
(r) specify, by regulations, certification procedures for energy
managers to be designated or appointed by designated consumers;
(s) prepare educational curriculum on efficient use of energy and its
conservation for educational institutions, boards, universities or
autonomous bodies and coordinate with them for inclusion of such
curriculum in their syllabus;
(t) implement international co-operation programmes relating to
efficient use of energy and its conservation as may be assigned to it
by the Central Government;
(u) perform such other functions as may be prescribed.
CHAP
POWER OF CENTRAL GOVERNMENT TO FACILITATE AND ENFORCE EFFICIENT USE OFENERGY
AND ITS CONSERVATION
CHAPTER V
POWER OF CENTRAL GOVERNMENT TO FACILITATE AND ENFORCE EFFICIENT USE OF
ENERGY AND ITS CONSERVATION
14.
Power of Central Government to enforce efficient use of energy and
itsconservation.
14. Power of Central Government to enforce efficient use of energy
and its conservation.-The Central Government may, by notification, in
consultation with the Bureau,-
(a) specify the norms for processes and energy consumption standards
for any equipment, appliance which consumes, generates, transmits or
supplies energy;
(b) specify equipment or appliance or class of equipments or
appliances, as the case may be, for the purposes of this Act;
(c) prohibit manufacture or sale or purchase or import of equipment or
appliance specified under clause (b), unless such equipment or
appliance conforms to energy consumption standards:
Provided that no notification prohibiting manufacture or sale or
purchase or import of equipment or appliance shall be issued within
two years from the date of notification issued under clause (a) of
this section;
(d) direct display of such particulars on label on equipment or on
appliance specified under clause (b) and in such manner as may be
specified by regulations;
(e) specify, having regard to the intensity or quantity of energy
consumed and the amount of investment required for switching over to
energy efficient equipments and capacity of industry to invest in it
and availability of the energy efficient machinery and equipment
required by the industry, any user or class of users of energy as a
designated consumer for the purposes of this Act;
(f) alter the list of Energy Intensive Industries specified in the
Schedule;
(g) establish and prescribe such energy consumption norms and
standards for designated consumers as it may consider necessary:
Provided that the Central Government may prescribe different norms and
standards for different designated consumers having regard to such
factors as may be prescribed;
(h) direct, having regard to quantity of energy consumed or the norms
and standards of energy consumption specified under clause (a), the
energy intensive industries specified in the Schedule to get energy
audit conducted by an accredited energy auditor n such manner and
intervals of time as may be specified by regulations;
(i) direct, if considered necessary for efficient use of energy and
its conservation, any designated consumer to get energy audit
conducted by an accredited energy auditor;
(j) specify the matters to be included for the purposes of inspection
under sub-section (2) of section 17;
(k) direct any designated consumer to furnish to the designated
agency, in such form and manner and within such period, as may be
prescribed, the information with regard to the energy consumed and
action taken on the recommendation of the accredited en rgy auditor;
(l) direct any designated consumer to designate or appoint energy
manager in charge of activities for efficient use of energy and its
conservation and submit a report, in the form and manner as may be
prescribed, on the status of energy consumption at t e end of every
financial year to the designated agency;
(m) prescribe minimum qualification for energy managers to be
designated or appointed under clause (l);
(n) direct every designated consumer to comply with energy consumption
norms and standards;
(o) direct any designated consumer, who does not fulfil the energy
consumption norms and standards prescribed under clause (g), to
prepare a scheme for efficient use of energy and its conservation and
implement such scheme keeping in view of the economic viability of the
investment in such form and manner as may be prescribed;
(p) prescribe energy conservation building codes for efficient use of
energy and its conservation in the building or building complex;
(q) amend the energy conservation building codes to suit the regional
and local climatic conditions;
(r) direct every owner or occupier of the building or building
complex, being a designated consumer to comply with the provisions of
energy conservation building codes for efficient use of energy and its
conservation;
(s) direct, any designated consumer referred to in clause (r), if
considered necessary, for efficient use of energy and its conservation
in his building to get energy audit conducted in respect of such
building by an accredited energy auditor in such m nner and intervals
of time as may be specified by regulations;
(t) take all measures necessary to create awareness and disseminate
information for efficient use of energy and its conservation;
(u) arrange and organise training of personnel and specialists in the
techniques for efficient use of energy and its conservation;
(v) take steps to encourage preferential treatment for use of energy
efficient equipment or appliances:
Provided that the powers under clauses (p) to (s) shall be exercised
in consultation with the concerned State.
CHAP
POWER OF STATE GOVERNMENT TO FACILITATE AND ENFORCE EFFICIENT USE OFENERGY
AND ITS CONSERVATION
CHAPTER VI
POWER OF STATE GOVERNMENT TO FACILITATE AND ENFORCE EFFICIENT USE OF
ENERGY AND ITS CONSERVATION
15.
Power of State Government to enforce certain provisions for efficientuse of
energy and its conservation.
15. Power of State Government to enforce certain provisions for
efficient use of energy and its conservation.-The State Government
may, by notification, in consultation with the Bureau-
(a) amend the energy conservation building codes to suit the regional
and local climatic conditions and may, by rules made by it, specify
and notify energy conservation building codes with respect to use of
energy in the buildings;
(b) direct every owner or occupier of a building or building complex
being a designated consumer to comply with the provisions of the
energy conservation building codes;
(c) direct, if considered necessary for efficient use of energy and
its conservation, any designated consumer referred to in clause (b) to
get energy audit conducted by an accredited energy auditor in such
manner and at such intervals of time as may be pecified by
regulations;
(d) designate any agency as designated agency to coordinate, regulate
and enforce provisions of this Act within the State;
(e) take all measures necessary to create awareness and disseminate
information for efficient use of energy and its conservation;
(f) arrange and organise training of personnel and specialists in the
techniques for efficient use of energy and its conservation;
(g) take steps to encourage preferential treatment for use of energy
efficient equipment or appliances;
(h) direct, any designated consumer to furnish to the designated
agency, in such form and manner and within such period as may be
specified by rules made by it, information with regard to the energy
consumed by such consumer;
(i) specify the matters to be included for the purposes of inspection
under sub-section (2) of section 17.
16.
Establishment of Fund by State Government.
16. Establishment of Fund by State Government.-(1) The State
Government shall constitute a Fund to be called the State Energy
Conservation Fund for the purposes of promotion of efficient use of
energy and its conservation within the State.
(2) To the Fund shall be credited all grants and loans that may be
made by the State Government or, Central Government or any other
organisation or individual for the purposes of this Act.
(3) The Fund shall be applied for meeting the expenses incurred for
implementing the provisions of this Act.
(4) The Fund created under sub-section (1) shall be administered by
such persons or any authority and in such manner as may be specified
in the rules made by the State Government.
17.
Power of inspection.
17. Power of inspection.-(1) The designated agency may appoint, after
the expiry of five years from the date of commencement of this Act, as
many inspecting officers as may be necessary for the purpose of
ensuring compliance with energy consumption stand rds specified under
clause (a) of section 14 or ensure display of particulars on label on
equipment or appliance specified under clause (b) of section 14 or for
the purpose of performing such other functions as may be assigned to
them.
(2) Subject to any rules made under this Act, an inspecting officer
shall have power to-
(a) inspect any operation carried on or in connection with the
equipment or appliance specified under clause (b) of section 14 or in
respect of which energy standards under clause (a) of section 14 have
been specified;
(b) enter any place of designated consumer at which the energy is used
for any activity and may require any proprietor, employee, director,
manager or secretary or any other person who may be attending in any
manner to or helping in, carrying on any acti ity with the help of
energy-
(i) to afford him necessary facility to inspect-
(A) any equipment or appliance as he may require and which may be
available at such place;
(B) any production process to ascertain the energy consumption norms
and standards;
(ii) to make an inventory of stock of any equipment or appliance
checked or verified by him;
(iii) to record the statement of any person which may be useful for,
or relevant to, for efficient use of energy and its conservation under
this Act.
(3) An inspecting officer may enter any place of designated consumer-
(a) where any activity with the help of energy is carried on; and
(b) where any equipment or appliance notified under clause (b) of
section 14 has been kept, during the hours at which such place is open
for production or conduct of business connected therewith.
(4) An inspecting officer acting under this section shall, on no
account, remove or cause to be removed from the place wherein he has
entered, any equipment or appliance or books of account or other
documents.
18.
Power of Central Government or State Government to issue directions.
18. Power of Central Government or State Government to issue
directions.-The Central Government or the State Government may, in the
exercise of its powers and performance of its functions under this Act
and for efficient use of energy and its conservatio , issue such
directions in writing as it deems fit for the purposes of this Act to
any person, officer, authority or any designated consumer and such
person, officer or authority or any designated consumer shall be bound
to comply with such directions.
Explanation.-For the avoidance of doubts, it is hereby declared that
the power to issue directions under this section includes the power to
direct-
(a) regulation of norms for process and energy consumption standards
in any industry or building or building complex; or
(b) regulation of the energy consumption standards for equipment and
appliances.
CHAP
FINANCE, ACCOUNTS AND AUDIT OF BUREAU
CHAPTER VII
FINANCE, ACCOUNTS AND AUDIT OF BUREAU
19.
Grants and loans by Central Government.
19. Grants and loans by Central Government.-The Central Government
may, after due appropriation made by Parliament by law in this behalf,
make to the Bureau or to the State Governments grants and loans of
such sums of money as the Central Government ma consider necessary.
20.
Establishment of Fund by Central Government.
20. Establishment of Fund by Central Government.-(1) There shall be
constituted a Fund to be called as the Central Energy Conservation
Fund and there shall be credited thereto-
(a) any grants and loans made to the Bureau by the Central Government
under section 19;
(b) all fees received by the Bureau under this Act;
(c) all sums received by the Bureau from such other sources as may be
decided upon by the Central Government.
(2) The Fund shall be applied for meeting-
(a) the salary, allowances and other remuneration of Director-General,
Secretary, officers and other employees of the Bureau;
(b) expenses of the Bureau in the discharge of its functions under
section 13;
(c) fee and allowances to be paid to the members of the Governing
Council under sub-section (5) of section 4;
(d) expenses on objects and for purposes authorised by this Act.
21.
Borrowing powers of Bureau.
21. Borrowing powers of Bureau.-(1) The Bureau may, with the consent
of the Central Government or in accordance with the terms of any
general or special authority given to it by the Central Government,
borrow money from any source as it may deem fit for discharging all or
any of its functions under this Act.
(2) The Central Government may guarantee, in such manner as it thinks
fit, the repayment of the principal and the payment of interest
thereon with respect to the loans borrowed by the Bureau under
sub-section (1).
22.
Budget.
22. Budget.-The Bureau shall prepare, in such form and at such time
in each financial year as may be prescribed, its budget for the next
financial year, showing the estimated receipts and expenditure of the
Bureau and forward the same to the Central Gov rnment.
23.
Annual report.
23. Annual report.-The Bureau shall prepare, in such form and at such
time in each financial year as may be prescribed, its annual report,
giving a full account of its activities during the previous financial
year, and submit a copy thereof to the Centr l Government.
24.
Annual report to be laid before Parliament.
24. Annual report to be laid before Parliament.-The Central
Government shall cause the annual report referred to in section 23 to
be laid, as soon as may be after it is received, before each House of
Parliament.
25.
Accounts and audit.
25. Accounts and audit.-(1) The Bureau shall maintain proper accounts
and other relevant records and prepare an annual statement of accounts
in such form as may be prescribed by the Central Government in
consultation with the Comptroller and Auditor-Gen ral of India.
(2) The accounts of the Bureau shall be audited by the Comptroller and
Auditor-General of India at such intervals as may be specified by him
and any expenditure incurred in connection with such audit shall be
payable by the Bureau to the Comptroller and uditor-General.
(3) The Comptroller and Auditor-General of India and any other person
appointed by him in connection with the audit of the accounts of the
Bureau shall have the same rights and privileges and authority in
connection with such audit as the Comptroller and Auditor-General
generally has in connection with the audit of the Government accounts,
and in particular, shall have the right to demand the production of
books, accounts, connected vouchers and other documents and papers and
to inspect any of the office of the Bureau.
(4) The accounts of the Bureau as certified by the Comptroller and
Auditor-General of India or any other person appointed by him in this
behalf together with the audit report thereon shall be forwarded
annually to the Central Government and that Governme t shall cause the
same to be laid before each House of Parliament.
CHAP
PENALTIES AND ADJUDICATION
CHAPTER VIII
PENALTIES AND ADJUDICATION
26.
Penalty.
26. Penalty.-(1) If any person fails to comply with the provisions of
clause (c) or clause (d) or clause (h) or clause (i) or clause (k) or
clause (l) or clause (n) or clause (r) or clause (s) of section 14 or
clause (b) or clause (c) or clause (h) of s ction 15, he shall be
liable to a penalty which shall not exceed ten thousand rupees for
each such failure and, in the case of continuing failure, with an
additional penalty which may extend to one thousand rupees for every
day during which such failure ontinues:
Provided that no person shall be liable to pay penalty within five
years from the date of commencement of this Act.
(2) Any amount payable under this section, if not paid, may be
recovered as if it were an arrear of land revenue.
27.
Power to adjudicate.
27. Power to adjudicate.-(1) For the purpose of adjudging under
section 26, the State Commission shall appoint any of its members to
be an adjudicating officer for holding an inquiry in such manner as
may be prescribed by the Central Government, after g ving any person
concerned a reasonable opportunity of being heard for the purpose of
imposing any penalty.
(2) While holding an inquiry the adjudicating officer shall have power
to summon and enforce the attendance of any person acquainted with the
facts and circumstances of the case to give evidence or produce any
document which in the opinion of the adjudic ting officer, may be
useful for or relevant to the subject-matter of the inquiry, and if,
on such inquiry, he is satisfied that the person has failed to comply
with the provisions of any of the clauses of the sections specified in
section 26, he may impo e such penalty as he thinks fit in accordance
with the provisions of any of those clauses of that section: Provided
that where a State Commission has not been established in a State, the
Government of that State shall appoint any of its officer not below
the rank equivalent to a Secretary dealing with legal affairs in that
State to be an adjudicating officer for the purposes of this section
and such officer shall cease to be an adjudicating officer immediately
on the appointment of an adjudicating officer by the State Commission
on its establishment in that State:
Provided further that where an adjudicating officer appointed by a
State Government ceased to be an adjudicating officer, he shall
transfer to the adjudicating officer appointed by the State Commission
all matters being adjudicated by him and thereafter the adjudicating
officer appointed by the State Commission shall adjudicate the
penalties on such matters.
28.
Factors to be taken into account by adjudicating officer.
28. Factors to be taken into account by adjudicating officer.-While
adjudicating the quantum of penalty under section 26, the adjudicating
officer shall have due regard to the following factors, namely:-
(a) the amount of disproportionate gain or unfair advantage, wherever
quantifiable, made as a result of the default;
(b) the repetitive nature of the default.
29.
Civil court not to have jurisdiction.
29. Civil court not to have jurisdiction.-No civil court shall have
jurisdiction to entertain any suit or proceeding in respect of any
matter which an adjudicating officer appointed under this Act or the
Appellate Tribunal is empowered by or under this A t to determine and
no injunction shall be granted by any court or other authority in
respect of any action taken or to be taken in pursuance of any power
conferred by or under this Act.
CHAP
APPELLATE TRIBUNAL FOR ENERGY CONSERVATION
CHAPTER IX
APPELLATE TRIBUNAL FOR ENERGY CONSERVATION
30.
Establishment of Appellate Tribunal.
30. Establishment of Appellate Tribunal.-The Central Government
shall, by notification, establish an Appellate Tribunal to be known as
the Appellate Tribunal for Energy Conservation to hear appeals against
the orders of the adjudicating officer or the Ce tral Government or
the State Government or any other authority under this Act.
31.
Appeal to Appellate Tribunal.
31. Appeal to Appellate Tribunal.-(1) Any person aggrieved, by an
order made by an adjudicating officer or the Central Government or the
State Government or any other authority under this Act, may prefer an
appeal to the Appellate Tribunal for Energy Con ervation:
Provided that any person, appealing against the order of the
adjudicating officer levying any penalty, shall, while filing the
appeal, deposit the amount of such penalty:
Provided further that where in any particular case, the Appellate
Tribunal is of the opinion that the deposit of such penalty would
cause undue hardship to such person, the Appellate Tribunal may
dispense with such deposit subject to such conditions as i may deem
fit to impose so as to safeguard the realisation of penalty.
(2) Every appeal under sub-section (1) shall be filed within a period
of forty-five days from the date on which a copy of the order made by
the adjudicating officer or the Central Government or the State
Government or any other authority is received by t e aggrieved person
and it shall be in such form, verified in such manner and be
accompanied by such fee as may be prescribed:
Provided that the Appellate Tribunal may entertain an appeal after the
expiry of the said period of forty-five days if it is satisfied that
there was sufficient cause for not filing it within that period.
(3) On receipt of an appeal under sub-section (1), the Appellate
Tribunal may, after giving the parties to the appeal an opportunity of
being heard, pass such orders thereon as it thinks fit, confirming,
modifying or setting aside the order appealed agai st.
(4) The Appellate Tribunal shall send a copy of every order made by it
to the parties to the appeal and to the concerned adjudicating officer
or the Central Government or the State Government or any other
authority.
(5) The appeal filed before the Appellate Tribunal under sub-section
(1) shall be dealt with by it as expeditiously as possible and
endeavour shall be made by it to dispose of the appeal finally within
one hundred and eighty days from the date of receipt of the appeal:
Provided that where an appeal could not be disposed of within the said
period of one hundred and eighty days, the Appellate Tribunal shall
record its reasons in writing for not disposing of the appeal within
the said period.
(6) The Appellate Tribunal may, for the purpose of examining the
legality, propriety or correctness of any order made by the
adjudicating officr or the Central Government or the State Government
or any other authority under this Act, as the case may be, n relation
to any proceeding, on its own motion or otherwise, call for the
records of such proceedings and make such order in the case as it
thinks fit.
32.
Composition of Appellate Tribunal.
32. Composition of Appellate Tribunal.-(1) The Appellate Tribunal
shall consist of a Chairperson and such number of Members not
exceeding four, as the Central Government may deem fit.
(2) Subject to the provisions of this Act,-
(a) the jurisdiction of the Appellate Tribunal may be exercised by
Benches thereof;
(b) a Bench may be constituted by the Chairperson of the Appellate
Tribunal with two or more Members of the Appellate Tribunal as the
Chairperson of the Appellate Tribunal may deem fit:
Provided that every Bench constituted under this clause shall include
at least one Judicial Member and one Technical Member;
(c) The Benches of the Appellate Tribunal shall ordinarily sit at
Delhi and such other places as the Central Government may, in
consultation with the Chairperson of the Appellate Tribunal, notify;
(d) the Central Government shall notify the areas in relation to which
each Bench of the Appellate Tribunal may exercise jurisdiction.
(3) Notwithstanding anything contained in sub-section (2), the
Chairperson of the Appellate Tribunal may transfer a Member of the
Appellate Tribunal from one Bench to another Bench.
Explanation.-For the purposes of this Chapter,-
(i) "Judicial Member" means a Member of the Appellate Tribunal
appointed as such under item (i) or item (ii) of clause (b) of
sub-section (1) of section 33, and includes the Chairperson of the
Appellate Tribunal;
(ii) "Technical Member" means a Member of the Appellate Tribunal
appointed as such under item (iii) or item (iv) or item (v) or item
(vi) of clause (b) of sub-section (1) of section 33.
33.
Qualifications for appointment of Chairperson and Members of AppellateTribunal.
33. Qualifications for appointment of Chairperson and Members of
Appellate Tribunal.-(1) A person shall not be qualified for
appointment as the Chairperson of the Appellate Tribunal or a Member
of the Appellate Tribunal unless he,-
(a) in the case of Chairperson of the Appellate Tribunal, is, or has
been, a judge of the Supreme Court or the Chief Justice of a High
Court; and
(b) in the case of a Member of the Appellate Tribunal,-
(i) is, or has been, or is qualified to be, a judge of a High Court;
or
(ii) is, or has been, a Member of the Indian Legal Service and has
held a post in Grade I in that service for at least three years; or
(iii) is, or has been, a Secretary for at least one year in the
Ministry or Department of the Central Government dealing with the
Power or Coal or Petroleum and Natural Gas or Atomic Energy; or
(iv) is or has been the Chairman of the Central Electricity Authority
for at least one year; or
(v) is, or has been, Director-General of Bureau or Director-General of
the Central Power Research Institute or Bureau of Indian Standards for
at least three years or has held any equivalent post for at least
three years; or
(vi) is, or has been, a qualified technical person of ability and
standing, having adequate knowledge and experience in dealing with the
matters relating to energy production and supply, energy management,
standardisation and efficient use of energy and ts conservation, and
has shown capacity in dealing with problems relating to engineering,
finance, commerce, economics, law or management.
34.
Term of office.
34. Term of office.-The Chairperson of the Appellate Tribunal and
every Member of the Appellate Tribunal shall hold office as such for a
term of five years from the date on which he enters upon his office:
Provided that no Chairperson of the Appellate Tribunal or Member of
the Appellate Tribunal shall hold office as such after he has
attained,-
(a) in the case of the Chairperson of the Appellate Tribunal, the age
of seventy years;
(b) in the case of any Member of the Apellate Tribunal, the age of
sixty-five years.
35.
Terms and conditions of service.
35. Terms and conditions of service.-The salary and allowances
payable to and the other terms and conditions of service of the
Chairperson of the Appellate Tribunal and Members of the Appellate
Tribunal shall be such as may be prescribed:
Provided that neither the salary and allowances nor the other terms
and conditions of service of the Chairperson of the Appellate Tribunal
or a Member of the Appellate Tribunal shall be varied to his
disadvantage after appointment.
36.
Vacancies.
36. Vacancies.-If for reason, other than temporary absence, any
vacancy occurs in the office of the Chairperson of the Appellate
Tribunal or a Member of the Appellate Tribunal, the Central Government
shall appoint another person in accordance with the pr visions of this
Act to fill the vacancy and the proceedings may be continued before
the Appellate Tribunal from the stage at which the vacancy is filled.
37.
Registration and removal.
37. Resignation and removal.-(1) The Chairperson or a Member of the
Appellate Tribunal may, by notice in writing under his hand addressed
to the Central Government, resign his office:
Provided that the Chairperson of the Appellate Tribunal or a Member of
the Appellate Tribunal shall, unless he is permitted by the Central
Government to relinquish his office sooner, continue to hold office
until the expiry of three months from the date f receipt of such
notice or until a person duly appointed as his successor enters upon
his office or until the expiry of his term of office, whichever is the
earliest.
(2) The Chairperson of the Appellate Tribunal or Member of the
Appellate Tribunal shall not be removed from his office except by an
order by the Central Government on the ground of proved misbehaviour
or incapacity after an inquiry made by such person as the President
may appoint for this purpose in which the Chairperson or a Member of
the Appellate Tribunal concerned has been informed of the charges
against him and given a reasonable opportunity of being heard in
respect of such charges.
38.
Member to act as Chairperson in certain circumstances.
38. Member to act as Chairperson in certain circumstances.-(1) In the
event of the occurrence of any vacancy in the office of the
Chairperson of the Appellate Tribunal by reason of his death,
resignation or otherwise, the senior-most Member of the Appell te
Tribunal shall act as the Chairperson of the Appellate Tribunal until
the date on which a new Chairperson, appointed in accordance with the
provisions of this Act to fill such vacancy, enters upon his office.
(2) When the Chairperson of the Appellate Tribunal is unable to
discharge his functions owing to absence, illness or any other cause,
the senior-most Member of the Appellate Tribunal shall discharge the
functions of the Chairperson of the Appellate Tribu al until the date
on which the Chairperson of the Appellate Tribunal resumes his duties.
39.
Staff of Appellate Tribunal.
39. Staff of Appellate Tribunal.-(1) The Central Government shall
provide the Appellate Tribunal with such officers and employees as it
may deem fit.
(2) The officers and employees of the Appellate Tribunal shall
discharge their functions under the general superintendence of the
Chairperson of the Appellate Tribunal, as the case may be.
(3) The salaries and allowances and other conditions of service of the
officers and employees of the Appellate Tribunal shall be such as may
be prescribed.
40.
Procedure and powers of Appellate Tribunal.
40. Procedure and powers of Appellate Tribunal.-(1) The Appellate
Tribunal shall not be bound by the procedure laid down by the Code of
Civil Procedure, 1908 (5 of 1908) but shall be guided by the
principles of natural justice and, subject to the other p ovisions of
this Act, the Appellate Tribunal shall have powers to regulate its own
procedure.
(2) The Appellate Tribunal shall have, for the purposes of discharging
its functions under this Act, the same powers as are vested in a civil
court under the Code of Civil Procedure, 1908 (5 of 1908), while
trying a suit in respect of the following matte s, namely:-
(a) summoning and enforcing the attendance of any person and examining
him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) subject to the provisions of sections 123 and 124 of the Indian
Evidence Act, 1872 (1 of 1872), requisitioning any public record or
document or copy of such record or document from any office;
(e) issuing commissions for the examination of witnesses or documents;
(f) reviewing its decisions;
(g) dismissing a representation of default or deciding it, ex parte;
(h) setting aside any order of dismissal or any representation for
default or any order passed by it, ex parte;
(i) any other matter which may be prescribed by the Central
Government.
(3) An order made by the Appellate Tribunal under this Act shall be
executable by the Appellate Tribunal as a decree of civil court and,
for this purpose, the Appellate Tribunal shall have all the powers of
a civil court.
(4) Notwithstanding anything contained in sub-section (3), the
Appellate Tribunal may transmit any order made by it to a civil court
having local jurisdiction and such civil court shall execute the order
as if it were a decree made by that court.
(5) All proceedings before the Appellate Tribunal shall be deemed to
be judicial proceedings within the meaning of sections 193 and 228 of
the Indian Penal Code (45 of 1860) and the Appellate Tribunal shall be
deemed to be a civil court for the purposes f sections 345 and 346 of
the Code of Criminal Procedure, 1973 (2 of 1974).
41.
Distribution of business amongst Benches.
41. Distribution of business amongst Benches.-Where Benches are
constituted, the Chairperson of the Appellate Tribunal may, from time
to time, by notification, make provisions as to the distribution of
the business of the Appellate Tribunal amongst the B nches and also
provide for the matters which may be dealt with by each Bench.
42.
Power of Chairperson to transfer cases.
42. Power of Chairperson to transfer cases.-On the application of any
of the parties and after notice to the parties, and after hearing such
of them as he may desire to be heard, or on his own motion without
such notice, the Chairperson of the Appellate ribunal may transfer any
case pending before one Bench for disposal, to any other Bench.
43.
Decision to be by majority.
43. Decision to be by majority.-If the Members of the Appellate
Tribunal of a Bench consisting of two Members differ in opinion on any
point, they shall state the point or points on which they differ, and
make a reference to the Chairperson of the Appell te Tribunal who
shall either hear the point or points himself or refer the case for
hearing on such point or points by one or more of the other Members of
the Appellate Tribunal and such point or points shall be decided
according to the opinion of the ma ority of the Members of the
Appellate Tribunal who have heard the case, including those who first
heard it.
44.
Right of appellant to take assistance of legal practitioner
oraccredited auditor and of Government to appoint presenting officers.
44. Right of appellant to take assistance of legal practitioner or
accredited auditor and of Government to appoint presenting
officers.-(1) A person preferring an appeal to the Appellate Tribunal
under this Act may either appear in person or take the ass stance of a
legal practitioner or an accredited energy auditor of his choice to
present his case before the Appellate Tribunal, as the case may be.
(2) The Central Government or the State Government may authorise one
or more legal practitioners or any of its officers to act as
presenting officers and every person so authorised may present the
case with respect to any appeal before the Appellate Trib nal, as the
case may be.
45.
Appeal to Supreme Court.
45. Appeal to Supreme Court.-Any person aggrieved by any decision or
order of the Appellate Tribunal, may, file an appeal to the Supreme
Court within sixty days from the date of communication of the decision
or order of the Appellate Tribunal to him, on ny one or more of the
grounds specified in section 100 of the Code of Civil Procedure, 1908
(5 of 1908):
Provided that the Supreme Court may, if it is satisfied that the
appellant was prevented by sufficient cause from filing the appeal
within the said period, allow it to be filed within a further period
not exceeding sixty days.
CHAP
MISCELLANEOUS
CHAPTER X
MISCELLANEOUS
46.
Power of Central Government to issue directions to Bureau.
46. Power of Central Government to issue directions to Bureau.-(1)
Without prejudice to the foregoing provisions of this Act, the Bureau
shall, in exercise of its powers or the performance of its functions
under this Act, be bound by such directions on questions of policy as
the Central Government may give in writing to it from time to time:
Provided that the Bureau shall, as far as practicable, be given an
opportunity to express its views before any direction is given under
this sub-section.
(2) The decision of the Central Government, whether a question is one
of policy or not, shall be final.
47.
Power of Central Government to supersede Bureau.
47. Power of Central Government to supersede Bureau.-(1) If at any
time the Central Government is of opinion-
(a) that on account of grave emergency, the Bureau is unable to
discharge the functions and duties imposed on it by or under the
provisions of this Act; or
(b) that the Bureau has persistently made default in complying with
any direction issued by the Central Government under this Act or in
discharge of the functions and duties imposed on it by or under the
provisions of this Act and as a result of such d fault, the financial
position of the Bureau had deteriorated or the administration of the
Bureau had deteriorated; or
(c) that circumstances exist which render it necessary in the public
interest so to do, the Central Government may, by notification,
supersede the Bureau for such period, not exceeding six months, as may
be specified in the notification.
(2) Upon the publication of a notification under sub-section (1)
superseding the Bureau,-
(a) all the members referred to in clauses (o), (p) and (q) of
sub-section (2) of section 4 shall, as from the date of supersession,
vacate their offices as such;
(b) all the powers, functions and duties which may, by or under the
provisions of this Act, be exercised or discharged by or on behalf of
the Bureau, shall until the Bureau is reconstituted under sub-section
(3), be exercised and discharged by such pers n or persons as the
Central Government may direct; and
(c) all property owned or controlled by the Bureau shall, until the
Bureau is reconstituted under sub-section (3), vest in the Central
Government.
(3) On the expiration of the period of supersession specified in the
notification issued under sub-section (1), the Central Government may
reconstitute the Bureau by a fresh appointment and in such case any
person or persons who vacated their offices un er clause (a) of
sub-section (2), shall not be deemed disqualified for appointment:
Provided that the Central Government may, at any time, before the
expiration of the period of supersession, take action under this
sub-section.
(4) The Central Government shall cause a notification issued under
sub-section (1) and a full report of any action taken under this
section and the circumstances leading to such action to be laid before
each House of Parliament at the earliest.
48.
Default by companies.
48. Default by companies.-(1) Where a company makes a default in
complying with the provisions of clause (c) or clause (d) or clause
(h) or clause (i) or clause (k) or clause (l) or clause (n) or clause
(r) or clause (s) of section 14 or clause (b) or c ause (c) or clause
(h) of section 15, every person who at the time of such contravention
was incharge of, and was responsible to the company for the conduct of
the business of the company, as well as the company, shall be deemed
to have acted in contrave tion of the said provisions and shall be
liable to be proceeded against and imposed penalty under section 26
accordingly:
Provided that nothing contained in this sub-section shall render any
such person liable for penalty provided in this Act if he proves that
the contravention of the aforesaid provisions was committed without
his knowledge or that he exercised all due dili ence to prevent the
contravention of the aforesaid provision.
(2) Notwithstanding anything contained in sub-section (1), where any
contravention of the provisions of clause (c) or clause (d) or clause
(h) or clause (i) or clause (k) or clause (l) or clause (n) or clause
(r) or clause (s) of section 14 or clause (b or clause (c) or clause
(h) of section 15 has been committed with the consent or connivance
of, or is attributable to, any neglect on the part of, any director,
manager, secretary or other officer of the company, such director,
manager, secretary or oth r officer shall also be deemed to have
contravened the said provisions and shall be liable to be proceeded
for imposition of penalty accordingly.
Explanation.-For the purposes of this section, "company" means a body
corporate and includes a firm or other association of individuals.
49.
49. Exemption from tax on income.-Notwithstanding anything contained
in the Income-tax Act, 1961 (43 of 1961) or any other enactment for
the time being in force relating to tax on income, profits or gains-
(a) the Bureau;
(b) the existing Energy Management Centre from the date of its
constitution to the date of establishment of the Bureau, shall not be
liable to pay any income-tax or any tax in respect of their income,
profits or gains derived.
50.
Protection of action taken in good faith.
50. Protection of action taken in good faith.-No suit, prosecution or
other legal proceeding shall lie against the Central Government or
Director-General or Secretary or State Government or any officer of
those Governments or State Commission or its memb rs or any member or
officer or other employee of the Bureau for anything which is in good
faith done or intended to be done under this Act or the rules or
regulations made thereunder.
51.
Delegation.
51. Delegation.-The Bureau may, by general or special order in
writing, delegate to any member, member of the committee, officer of
the Bureau or any other person subject to such conditions, if any, as
may be specified in the order, such of its powers a d functions under
this Act (except the powers under section 58) as it may deem
necessary.
52.
Power to obtain information.
52. Power to obtain information.-Every designated consumer or
manufacturer of equipment or appliance specified under clause (b) of
section 14 shall supply the Bureau with such information, and with
such samples of any material or substance used in relat on to any
equipment or appliance, as the Bureau may require.
53.
Power to exempt.
53. Power to exempt.-If the Central Government or the State
Government is of the opinion that it is necessary or expedient so to
do in the public interest, it may, by notification and subject to such
conditions as may be specified in the notification, e empt any
designated consumer or class of designated consumers from application
of all or any of the provisions of this Act:
Provided that the Central Government or the State Government, as the
case may be, shall not grant exemption to any designated consumer or
class of designated consumers for a period exceeding five years:
Provided further that the Central Government or the State Government,
as the case may be, shall consult the Bureau of Energy Efficiency
before granting such exemption.
54.
Chairperson, Members, officers and employees of the AppellateTribunal,
Members of State Commission, Director-General, Secretary,members, officers
and employees to be public servants.
54. Chairperson, Members, officers and employees of the Appellate
Tribunal, Members of State Commission, Director-General, Secretary,
members, officers and employees to be public servants.-The Chairperson
of the Appellate Tribunal or the Members of the A pellate Tribunal or
officers or employees of the Appellate Tribunal or the members of the
State Commission or the members, Director-General, Secretary, officers
and other employees of the Bureau shall be deemed, when acting or
purporting to act in pursua ce of any of the provisions of this Act,
to be public servants within the meaning of section 21 of the Indian
Penal Code (45 of 1860).
55.
Power of Central Government to issue directions.
55. Power of Central Government to issue directions.-The Central
Government may give directions to a State Government or the Bureau as
to carrying out into execution of this Act in the State.
56.
Power of Central Government to make rules.
56. Power of Central Government to make rules.-(1) The Central
Government may, by notification, make rules for carrying out the
provisions of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:-
(a) such number of persons to be appointed as members by the Central
Government under clauses (o), (p) and (q) of sub-section (2) of
section 4;
(b) the fee and allowances to be paid to the members under sub-section
(5) of section 4;
(c) the salary and allowances payable to the Director-General and
other terms and conditions of his service and other terms and
conditions of service of the Secretary of the Bureau under sub-section
(4) of section 9;
(d) the terms and conditions of service of officers and other
employees of the Bureau under sub-section (2) of section 10;
(e) performing such other functions by the Bureau, as may be
prescribed, under clause (u) of sub-section (2) of section 13;
(f) the energy consumption norms and standards for designated
consumers under clause (g) of section 14;
(g) prescribing the different norms and standards for different
designated consumers under the proviso to clause (g) of section 14;
(h) the form and manner and the time within which information with
regard to energy consumed and the action taken on the recommendations
of the accredited energy auditor be furnished under clause (k) of
section 14;
(i) the form and manner in which the status of energy consumption be
submitted under clause (l) of section 14;
(j) the minimum qualifications for energy managers under clause (m) of
section 14;
(k) the form and manner for preparation of scheme and its
implementation under clause (o) of section 14;
(l) the energy conservation building codes under clause (p) of section
14;
(m) the matters relating to inspection under sub-section (2) of
section 17;
(n) the form in which, and the time at which, the Bureau shall prepare
its budget under section 22;
(o) the form in which, and the time at which, the Bureau shall prepare
its annual report under section 23;
(p) the form in which the accounts of the Bureau shall be maintained
under section 25;
(q) the manner of holding inquiry under sub-section (1) of section 27;
(r) the form of and fee for filing such appeal under sub-section (2)
of section 31;
(s) the salary and allowances payable to and other terms and
conditions of service of the Chairperson of the Appellate Tribunal and
Members of the Appellate Tribunal under section 35;
(t) the salary and allowances and other conditions of service of the
officers and other employees of the Appellate Tribunal under
sub-section (3) of section 39;
(u) the additional matters in respect of which the Appellate Tribunal
may exercise the powers of a civil court under clause (i) of
sub-section (2) of section 40;
(v) any other matter which is to be, or may be, prescribed, or in
respect of which provision is to be made, or may be made, by rules.
57.
Power of State Government to make rules.
57. Power of State Government to make rules.-(1) The State Government
may, by notification, make rules for carrying out the provisions of
this Act and not inconsistent with the rules, if any, made by the
Central Government.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:-
(a) energy conservation building codes under clause (a) of section 15;
(b) the form, the manner and the period within which information with
regard to energy consumption shall be furnished under clause (h) of
section 15;
(c) the person or any authority who shall administer the Fund and the
manner in which the Fund shall be administered under sub-section (4)
of section 16;
(d) the matters to be included for the purposes of inspection under
sub-section (2) of section 17;
(e) any other matter which is to be, or may be, prescribed, or in
respect of which provision is to be made, or may be made, by rules.
58.
Power of Bureau to make regulations.
58. Power of Bureau to make regulations.-(1) The Bureau may, with the
previous approval of the Central Government and subject to the
condition of previous publication, by notification, make regulations
not inconsistent with the provisions of this Act and the rules made
thereunder to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such regulations may provide for all or any of the
following matters, namely:-
(a) the times and places of the meetings of the Governing Council and
the procedure to be followed at such meetings under sub-section (1) of
section 5;
(b) the members of advisory committees constituted under sub-section
(2) of section 8;
(c) the powers and duties that may be exercised and discharged by the
Director-General of the Bureau under sub-section (6) of section 9;
(d) the levy of fee for services provided for promoting efficient use
of energy and its conservation under clause (n) of sub-section (2) of
section 13;
(e) the list of accredited energy auditors under clause (o) of
sub-section (2) of section 13;
(f) the qualifications for accredited energy auditors under clause (p)
of sub-section (2) of section 13;
(g) the manner and the intervals of time in which the energy audit
shall be conducted under clause (q) of sub-section (2) of section 13;
(h) certification procedure for energy managers under clause (r) of
sub-section (2) of section 13;
(i) particulars required to be displayed on label and the manner of
their display under clause (d) of section 14;
(j) the manner and the intervals of time for conduct of energy audit
under clause (h) or clause (s) of section 14;
(k) the manner and the intervals of time for conducting energy audit
by an accredited energy auditor under clause (c) of section 15;
(l) any other matter which is required to be, or may be, specified.
59.
Rules and regulations to be laid before Parliament and
StateLegislature.
59. Rules and regulations to be laid before Parliament and State
Legislature.-(1) Every rule made by the Central Government and every
regulation made under this Act shall be laid, as soon as may be after
it is made, before each House of Parliament whi e it is in session,
for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the
successive sessions aforesaid, both House agree in making any
modification in the rule or regulation, or both Houses agree that the
rule or regulation should not be made, the rule or regulation shall
thereafter have effect only in such modified form or be of no effect,
as the case may be; so, h wever, that any such modification or
annulment shall be without prejudice to the validity of anything
previously done under that rule or regulation.
(2) Every rule made by the State Government shall be laid, as soon as
may be after it is made, before each House of the State Legislature
where it consists of two Houses, or where such Legislature consists of
one House, before that House.
60.
Application of other laws not barred.
60. Application of other laws not barred.-The provisions of this Act
shall be in addition to, and not in derogation of, the provisions of
any other law for the time being in force.
61.
Provisions of Act not to apply in certain cases.
61. Provisions of Act not to apply in certain cases.-The provisions
of this Act shall not apply to the Ministry or Department of the
Central Government dealing with Defence, Atomic Energy or such other
similar Ministries or Departments or undertakings or Boards or
institutions under the control of such Ministries or Departments as
may be notified by the Central Government.
62.
Power to remove difficulty.
62. Power to remove difficulty.-(1) If any difficulty arises in
giving effect to the provisions of this Act, the Central Government
may, by order, published in the Official Gazette, make such provisions
not inconsistent with the provisions of this Act a may appear to be
necessary for removing the difficulty:
Provided that no such order shall be made under this section after the
expiry of two years from the date of the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may
be after it is made, before each House of Parliament.
SCHE
[See section 2(s)]
THE SCHEDULE
[See section 2(s)]
LIST OF ENERGY INTENSIVE INDUSTRIES AND OTHER ESTABLISHMENTS SPECIFIED
AS DESIGNATED CONSUMERS
1. Aluminium;
2. Fertilizers;
3. Iron and Steel;
4. Cement;
5. Pulp and paper;
6. Chlor Alkali;
7. Sugar;
8. Textile;
9. Chemicals;
10. Railways;
11. Port Trust;
12. Transport Sector (industries and services);
13. Petrochemical, Gas Crackers, Naphtha Crackers and Petroleum
Refineries;
14. Thermal power stations, hydel power stations, electricity
transmission companies and distribution companies;
15. Commercial buildings or establishments.