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THE ENERGY CONSERVATION ACT, 2001


Published: 2001-09-29

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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.