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:-
CHAPTER IPRELIMINARY
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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.
CHAPTER IIBUREAU OF ENERGY EFFICIENCY
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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;
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(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;
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(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.
CHAPTER IIITRANSFER OF ASSETS, LIABILITIES, ETC., OF ENERGY MANAGEMENT CENTRE TOBUREAU
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CHAPTER IVPOWERS AND FUNCTIONS OF BUREAU
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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.
CHAPTER VPOWER OF CENTRAL GOVERNMENT TO FACILITATE AND ENFORCE EFFICIENT USE OFENERGY
AND ITS CONSERVATION
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:
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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 VIIFINANCE, ACCOUNTS AND AUDIT OF BUREAU
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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.
CHAPTERÂ VIIIPENALTIES AND ADJUDICATION
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:
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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.
CHAPTER IXAPPELLATE TRIBUNAL FOR ENERGY CONSERVATION
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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.
CHAPTER XMISCELLANEOUS
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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.
