ENERGY CONSERVATION ACT 2001

THE ENERGY CONSERVATION ACT, 2001

ACT No. 52 OF 2001

1stOctober, 2001

An Act to provide for efficient use of energy and its conservationand for matter’s connected therewith or incidental thereto

BE it enacted by Parliament inthe Fifty-second Year of the Republicof India as follows: –

CHAPTER I

PRELIMINARY

1.Short title, extent andcommencement: This Actmay 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 onsuch date as the Central Government may, by notification in the OfficialGazette, appoint; and different dates may be appointed for different provisionsof this Act and any reference in any such provision to the commencement of thisAct shall be construed as a reference to the coming into force of thatprovision.

2.Definitions: In this Act, unless thecontext otherwise requires, –

(a) "accredited energyauditor" means an auditor possessing qualifications specified under clause(p) of sub-section (2) of section 13;

(b) "AppellateTribunal" means the Appellate Tribunal for Energy Conservation establishedunder section 30;

(c) "building" meansany structure or erection or part of a structure or erection, after the rulesrelating 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 ishaving a connected load of 500 kW or contract demand of 600 kVA and above andis intended to be used for commercial purposes;

(d) "Bureau" meansthe Bureau of Energy Efficiency established under sub-section (1) of section 3;

(e) "Chairperson"means the Chairperson of the Governing Council;

(f) "designatedagency" means any agency designated under clause (d) of section 15;

(g) "designatedconsumer" means any consumer specified under clause (e) of section 14;

(h) "energy" meansany form of energy derived from fossil fuels, nuclear substances or materials,hydro-electricity and includes electrical energy or electricity generated fromrenewable sources of energy or bio-mass-connected to the grid;

(i) "energy audit"means the verification, monitoring and analysis of use of energy includingsubmission of technical report containing recommendations for improving energyefficiency with cost benefit analysis and an action plan to reduce energyconsumption;

(j) "energy conservationbuilding codes" means the norms and standards of energy consumptionexpressed in terms of per square metre of the area wherein energy is used andincludes the location of the building;

(k) "energy consumptionstandards" means the norms for process and energy consumption standardsspecified under clause (a) of section 14;

(l) "Energy ManagementCentre" means the Energy Management Centre set up under the Resolution ofthe Government of India in the erstwhile Ministry of Energy, Department ofPower No. 7(2)/87-EP (Vol. IV), dated the 5th July, 1989 and registered underthe Societies Registration Act, 1860;

(m) "energy manager"means any individual possessing the qualifications prescribed under clause (m)of section 14;

(n) "GoverningCouncil" means the Governing Council referred to in section 4;

(o) "member" meansthe 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, theOfficial 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" meansthe Schedule to this Act;

(t) "StateCommission" means the State Electricity Regulatory Commission establishedunder sub-section (1) of section 17 of the Electricity Regulatory CommissionsAct, 1998 (14 of 1998);

(u) words and expressions usedand not defined in this Act but defined in the Indian Electricity Act, 1910 (9of 1910) or the Electricity (Supply) Act, 1948 (54 of 1948) or the ElectricityRegulatory Commissions Act, 1998 (14 of 1998) shall have the meaningsrespectively assigned to them in those Acts.

CHAPTER II

BUREAU OF ENERGY EFFICIENCY

3.Establishment andincorporation of Bureau of Energy Efficiency: (1) With effect from such date as the CentralGovernment may, by notification, appoint, there shall be established, for thepurposes of this Act, a Bureau to be called the Bureau of Energy Efficiency.

(2) The Bureau shall be a bodycorporate by the name aforesaid having perpetual succession and a common seal,with power subject to the provisions of this Act, to acquire, hold and disposeof property, both movable and immovable, and to contract, and shall, by thesaid name, sue or be sued.

(3) The head office of theBureau shall be at Delhi.

(4) The Bureau may establishoffices at other places in India.

4.Management of Bureau: (1) The general superintendence,direction and management of the affairs of the Bureau shall vest in theGoverning Council which shall consist of not less than twenty, but exceedingtwenty-six, members to be appointed by the Central Government.

(2) The Governing Council shallconsist of the following members, namely: –

(a) the Minister in charge ofthe Ministry or -ex officio Chairperson;

Department of the CentralGovernment dealing

with the Power

(b) the Secretary to theGovernment of India, in -ex officio member;

charge of the Ministry orDepartment of the

Central Government dealing withthe Power

(c) the Secretary to the Government of India, in – ex officio member;

charge of that Ministry orDepartment of the

Central Government dealing withthe Petroleum

and Natural Gas

(d) the Secretary to fieGovernment of India, in -ex officio member;

charge of the Ministry orDepartment of the

Central Government dealing withthe Coal

(e) the Secretary to theGovernment of India, in -ex officio member;

charge of the Ministry orDepartment of the

Central Governmentdealing, with theNon-

conventional Energy Sources

(f) the Secretary to theGovernment of India, in -ex officio member;

charge of the Ministry orDepartment of the

Central Government dealing withthe Atomic

Energy

(g) the Secretary to theGovernment of India, in -ex officio member;

charge of the Ministry orDepartment of the

Central Government dealing withthe Consumer

Affairs

(h) Chairman of the CentralElectricity Authority -ex officio member;

established under theElectricity (Supply)

Act, 1948 (54 of 1948)

(i) Director-General of theCentral Power Research -ex officio member;

Institute registered under theKarnataka

Societies act, 1960 (KarnatakaAct 17 of 1960)

(j) Executive Director of thePetroleum -ex officio member;

Conservation ResearchAssociation, a society

registered under the societiesRegistration

Act, 1860 (XXI of 1860)

(k) Chairman-cum-ManagingDirector of the -ex officio member;

Central Mine Planning andDesign Institute

Limited, a company incorporatedunder the

Companies Act, 1956 (1 of 1956)

(l) Director-General of theBureau of Indian -ex officio member;

Standards established under theBureau of

Indian Standards Act, 1986 (63of 1986)

(m) Director-General of theNational Test House, -ex officio member;

Department of Supply, Ministryof Commerce

and Industry, Kolkata

(n) Managing Director of theIndian Renewable -ex officio member;

Energy Development AgencyLimited, a company

incorporated under the Companies Act, 1956

(o) one member each from thefive power regions -members;

representing the States of theregion to be

appointed by the CentralGovernment

(p) such number of persons, notexceeding four as -members;

may be prescribed, to beappointed by the Central

Government as members fromamongst persons

who are in the opinion of theCentral Government

capable of representingindustry, equipment and

appliance manufacturers,architects and consumers

(q) such number of persons, notexceeding two as – members;

may be nominated by theGoverning Council as

members

(r) Director-General of Bureau -ex officio member secretary;

(3) The Governing Council mayexercise all powers and do all acts and things, which may be exercised or doneby the Bureau.

(4) Every member referred to inclauses (o), (p) and (q) of sub-section (2) shall hold office for a term ofthree years from the date on which he enters upon his office.

(5) The fee and allowances tobe 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 followed in thedischarge of their functions shall be such as may be prescribed.

5.Meetings of GoverningCouncil: (1) The Governing Councilshall meet at such times and places, and shall observe such rules of procedurein regard to the transaction of business at its meetings (including quorum atsuch meetings) as may be provided by regulations.

(2) The Chairperson or, if forany reason, he is unable to attend a meeting of the Governing Council,any other member chosen bythe members present from amongst themselves at themeeting shall preside at the meeting.

(3) All questions which come upbefore any meeting of the Governing Council shall be decided by a majority voteof the members present and voting, and in the event of an equality of votes,the Chairperson or in his absence, the person presiding, shall have a second orcasting vote.

6.Vacancies, etc., not toinvalidate proceedings of Bureau, Governing Council or Committee: No act or proceeding of theBureau or the Governing Council or any Committee shall be invalid merely byreason of –

(a) any vacancy in, or anydefect in the constitution of, the Bureau or the Governing Council or theCommittee; or

(b) any defect in theappointment of a person acting as a Director General or the Secretary of theBureau or a member of the Governing Council or the Committee; or

(c) any irregularity in theprocedure of the Bureau or the Governing Council or the Committee not affectingthe merits or the case.

7.Removal of member fromoffice: The Central Government shallremove a member referred to in clauses (o), (p) and (q) of sub-section (2) ofsection 4 from office if he –

(a) is, or at any time hasbeen, adjudicated as insolvent;

(b) is of unsound mind andstands so declared by a competent court;

(c) has been convicted of anoffence, which, in the opinion of the Central Government, involves a moralturpitude;

(d) has, in the opinion of theCentral Government, so abused his position as to render his continuation inoffice detrimental to the public interest:

Provided that no member shallbe removed under this clause unless he has been given a reasonable opportunityof being heard in the matter.

8.Constitution of Advisory Committeesand other Committees: (1) subject to any regulations made in this behalf, the Bureaushall, within six months from the date of commencement of this Act, constituteAdvisory Committees for the efficient discharge of its functions.

(2) Each Advisory Committeeshall consist of a Chairperson and such other members as may be determined byregulations.

(3) Without prejudice to thepowers contained in sub-section (1), the Bureau may constitute, such number oftechnical committees of experts for the formulation of energy consumptionstandards or norms in respect ofequipment or processes, as it considersnecessary.

9.Director-General of Bureau: (1) The Central Governmentshall, by notification appoint a Director-General from amongst persons ofability and standing, having adequate knowledge and experience in dealing withthe matters relating to energy production, supply and energy management,standardisation and efficient use of energy and its conservation.

(2) The Central Governmentshall, by notification, appoint any person not below the rank of DeputySecretary to the Government of India as Secretary of the Bureau.

(3) The Director-General shallhold office for a term of three years from the date on which he enters upon hisoffice or until he attains the age of sixty years, whichever is earlier.

(4) The salary and allowancespayable to the Director-General and other terms and conditions of his serviceand other terms and conditions of service of the Secretary of the Bureau shallbe such as may be prescribed.

(5) Subject to generalsuperintendence, direction and management of the affairs by the GoverningCouncil, the Director General of the Bureau shall be the Chief ExecutiveAuthority of the Bureau.

(6) The Director-General of theBureau shall exercise and discharge such powers and duties of the Bureau as maybe determined by regulations.

10.Officers and employees ofBureau: (1) The Central Government mayappoint such other officers and employees in the Bureau as it considersnecessary for the efficient discharge of its functions under this Act.

(2) The terms and conditions ofservice of officers and other employees of the Bureau appointed undersub-section (1) shall be such as may be prescribed.

11.Authentication of orders anddecisions of Bureau: All orders and of Bureau:All orders and decisions of the Bureau shall be authenticated by thesignature of the Director-General or any other officer of the Bureau authorisedby the Director-General in this behalf.

CHAPTER III

TRANSFER OF ASSETS, LIABILITIES. ETC, OF ENERGY MANAGEMENT CENTRETO BUREAU

12.Transfer of assets,liabilities. Etc, of Energy Management Centre: (1) On and from the date of the establishment ofthe Bureau –

(a) any reference to the EnergyManagement Centre in any law other than this Act or in any contract or otherinstrument 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 shallvest in the Bureau;

(c) all the rights and liabilitiesof the Energy Management Centre shall be transferred to, and be the rights andliabilities of, the Bureau;

(d) without prejudice to theprovisions of clause (c), all debts, obligations and liabilities incurred, allcontracts entered into and all matters and things engaged to be done by, withor for the Energy Management Centre immediately before that date, for or inconnection with the purposes of the said Centre shall be deemed to have beenincurred, entered into, or engaged to be done by, with or for, the Bureau;

(e) all sums of money due tothe Energy Management Centre immediately before that date shall be deemed to bedue to the Bureau;

(f) all suits and other legalproceedings instituted or which could have been instituted by or against theEnergy Management Centre immediately before that date may be continued or maybe instituted by or against the Bureau; and

(g) every employee holding anyoffice under the Energy Management Centre immediately before that date shallhold his office in the Bureau by the same tenure and upon the same terms andconditions of service as respects remuneration, leave, provident fund,retirement or other terminal benefits as he would have held such office if theBureau had not been established and shall continue to do so as an employee ofthe Bureau or until the expiry of six months from that date if such employeeopts not to be the employee of the Bureau within such period.

(2) Notwithstanding anythingcontained in the Industrial Disputes Act, 1947 (14 of 1947) or in any other lawfor the time being in force, the absorption of any employee by the Bureau inits regular service under this section shall not entitle such employee to anycompensation under that Act or other law and no such claim shall be entertainedby any court, tribunal or other authority.

CHAPTER IV

POWERS AND FUNCTIONS OF BUREAU

13.Powers and functions ofBureau: (1) The Bureau shall,effectively co-ordinate with designated consumers, designated agencies andother agencies, recognise and utilise the existing resources andinfrastructure, in performing the functions assigned to it by or under thisAct.

(2) The Bureau may perform suchfunctions and exercise such powers as may be assigned to it by or under thisAct and in particular, such functions and powers include the function and powerto –

(a) recommend to the CentralGovernment the norms for processes and energy consumption standards required tobe notified under clause (a) of section 14;

(b) recommend to the CentralGovernment the particulars required to be displayed on label on equipment or onappliances and manner of their display under clause (d) of section 14;

(c) recommend to the CentralGovernment for notifying any user or class of users of energy as a designatedconsumer under clause (e) of section 14;

(d) take suitable steps toprescribe guidelines for energy conservation building codes under clause (p) ofsection 14;

(e) take all measures necessaryto create awareness and disseminate information for efficient use of energy andits conservation;

(f) arrange and organisetraining of personnel and specialists in the techniques for efficient use ofenergy and its conservation;

(g) strengthen consultancyservices in the field of energy conservation;

(h) promote research anddevelopment in the field of energy conservation;

(i) develop testing andcertification procedure and promote testing facilities for certification andtesting for energy consumption of equipment and appliances;

(j) formulate and facilitateimplementation of pilot projects and demonstration projects for promotion ofefficient use of energy and its conservation;

(k) promote use of energyefficient processes, equipment, devices and systems;

(l) promote innovativefinancing of energy efficiency projects;

(m) give financial assistanceto institutions for promoting efficient use of energy and its conservation;

(n) levy fee, as may bedetermined by regulations, for services provided for promoting efficient use ofenergy and its conservation;

(o) maintain a list ofaccredited 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 bydesignated consumers;

(s) prepare educationalcurriculum on efficient use of energy and its conservation for educationalinstitutions, boards, universities or autonomous bodies and coordinate withthem for inclusion of such curriculum in their syllabus;

(t) implement internationalco-operation programmes relating to efficient use of energy and itsconservation as may be assigned to it by the Central Government;

(u) perform such otherfunctions as may be prescribed.

CHAPTER V

POWER OF CENTRAL GOVERNMENT TO FACILITATE AND ENFORCE EFFICIENTUSE OF ENERGY AND ITS CONSERVATION

14.Power of Central Governmentto enforce efficient use of energy and its conservation: The Central Government may, bynotification, in consultation with the Bureau, –

(a) specify the norms forprocesses and energy consumption standards for any equipment, appliance whichconsumes, generates, transmits or supplies energy;

(b) specify equipment orappliance or class of equipments or appliances, as the case may be, for thepurposes of this Act;

(c) prohibit manufacture orsale or purchase or import of equipment or appliance specified under clause(b), unless such equipment or appliance conforms to energy consumptionstandards;

Provided that no notificationprohibiting manufacture or sale or purchase or import of equipment or applianceshall he issued within two years from the date of notification issued underclause (a) of this section;

(d) direct display of suchparticulars 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 tothe intensity or quantity of energy consumed and the amount of investmentrequired for switching over to energy efficient equipments and capacity ofindustry to invest in it and availability of the energy efficient machinery andequipment required by the industry, any user or class of users of energy as adesignated consumer for the purposes of this Act;

(f) alter the list of EnergyIntensive Industries specified in the Schedule;

(g) establish and prescribe such energy consumption norms and standards for designated consumersas it may consider necessary:

Provided that the CentralGovernment may prescribe different norms and stands for different designatedconsumers having regard to such factors as may be prescribed;

(h) direct, having regard toquantity of energy consumed or the norms and standards of energy consumption specifiedunder clause (a), the Energy Intensive Industries specified in the Schedule toget energy audit conducted by an accredited energy auditor in such manner andintervals of time as may be specified by regulations;

(i) direct, if considerednecessary for efficient use of energy and its conservation, any designatedconsumer to get energy audit conducted by an accredited energy auditor;

(j) specify the matters to beincluded for the purposes of inspection under sub-sec( (2) of section 17;

(k) direct any designatedconsumer to furnish to the designated agency, in such form and manner andwithin such period, us may be prescribed, the information with regard to theenergy consumed and action taken on the recommendation of the accredited energyauditor;

(l) direct any designatedconsumer to designate or appoint energy manager in charge of activities forefficient use of energy and its conservation and submit a report, in the formand manner as may be prescribed, on the status of energy consumption at the endof every financial year to the designated agency;

(m) prescribe minimumqualification for energy managers to be designated or appointed under clause(l);

(n) direct every designatedconsumer to comply with energy consumption norms and standards;

(o) direct any designatedconsumer, who does not fulfil the energy consumption norms and standardsprescribed under clause (g), to prepare a scheme for efficient use of energyand its conservation and implement such scheme keeping in view the economicviability of the investment in such form and manner as may be prescribed;

(p) prescribe energyconservation building codes for efficient use of energy and its conservation inthe building or building complex;

(q) amend the energyconservation building codes to suit the regional and local climatic conditions;

(r) direct every owner oroccupier of the building or building complex, being a designated consumer tocomply with the provisions of energy conservation building codes for efficientuse of energy and its conservation;

(s) direct, any designatedconsumer referred to in clause (r), if considered necessary for efficient useof energy and its conservation in his building to get energy audit conducted inrespect of such building by an accredited energy auditor in such manner andintervals of time as may be specified by regulations;

(t) take all measures necessaryto create awareness and disseminate information for efficient use of energy andits conservation;

(u) arrange and organisetraining of personnel and specialists in the techniques for efficient use ofenergy and its conservation;

(v) take steps to encouragepreferential treatment for use of energy efficient equipments or appliances:

Provided that the powers underclauses (p) to (s) shall be exercised in consultation the concerned State.

CHAPTER VI

POWER OF STATE GOVERNMENT TO FACILITATE AND ENFORCE EFFICIENT USEOF ENERGY AND ITS CONSERVATION

15.Power of State Government toenforce certain provisions for efficient use of energy and its conservation: The State Government may, bynotification in consultation with the Bureau –

(a) amend the energy buildingcodes to suit the regional and local climatic conditions and may, by rules madeby it, specify and notify energy conservation building codes with respect touse of energy in the buildings;

(b) direct every owner oroccupier of a building or building complex being a designated consumer tocomply with the provisions of the energy conservation building codes;

(c) direct, if considerednecessary for efficient use of energy and its conservation, any designatedconsumer referred to in clause (b) to get energy audit conducted by anaccredited or energy auditor in such manner and at such intervals of time asmay be specified by regulations;

(d) designate any agency asdesignated agency to coordinate, regulate and enforce provisions of this Actwithin the State;

(e) take all measures necessaryto create awareness and disseminate information for efficient use of energy andits conservation;

(f) arrange and organisetraining of personnel and specialists in the techniques for efficient use ofenergy and its conservation;

(g) take steps toencourage preferential treatmentfor use of energy efficient equipment or appliances;

(h) direct, any designatedconsumer to furnish to the designated agency, in such form and manner andwithin such period as may be specified by rules made by it, information withregard to the energy consumed by such consumer;

(i) specify the matters to beincluded for the purposes of inspection under sub-section (2) of section 17.

16.Establishment of Fund byState Government: The State Government shall constitute a fund to be called theState Energy Conservation Fund for the purposes of promotion of efficient useof energy and its conservation within the State.

(2) To the Fund shall becredited all grants and loans that may be made by the State Government or nayother organization or individual for the purposes of this Act.

(3) The Fund shall be appliedfor meeting the expenses incurred for implementing the provisions of the Act.

(4) The Fund created undersub-section (1) shall be administered by such persons or any authority and insuch manner as may be specified in the rules made by the State Government.

17.Power of inspection: (1) The designated agency mayappoint, after the expiry of five years from the date of commencement of thisAct, as many inspecting officers as may be necessary for the purpose ofensuring compliance with energy consumption standards specified under clause(a) of section 14 or ensure display of particulars on label on equipment orappliance specified under clause (b) of section 14 or for the purpose ofperforming such other functions as may be assigned to them.

(2) Subject to any rules madeunder this Act, an inspecting officer shall have power –

(a) inspect any operationcarried on or in connection with the equipment or appliance specified underclause (b) of section 14 or in respect of which energy standards under clause(a) of section 14 have been specified;

(b) enter any place ofdesignated consumer at which the energy is used for any activity and mayrequire any proprietor, employee, director, manager or secretary or any otherperson who may be attending in any manner to or helping in, carrying on anyactivity with the help of energy –

(i) to afford him necessaryfacility to inspect –

(A) any equipment or applianceas he may require and which may be available at such place;

 

(B) any production process toascertain the energy consumption norms and standards;

(ii) to make an inventory ofstock of any equipment or appliance checked or verified by him;

(iii) to record the statementof any person which may be useful for, or relevant to, for efficient use ofenergy and its conservation under this Act.

(3) An inspecting officer mayenter any place of designated consumer –

(a) where any activity with thehelp of energy is carried on; and

(b) where any equipment orappliance notified under clause (b) of section 14 has been kept,

during the hours at which suchplace is open for production or conduct of business connected therewith.

(4) An inspecting officeracting under this section shall, on no account, remove or cause to be removedfrom the place wherein he has entered, any equipment or appliance or books of accountor other documents.

18.Power of Central Governmentor 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 Actand for efficient use of energy and its conservation, issue such directions inwriting as it deems fit for the purposes of this Act to any person, officer,authority or any designated consumer shall be bound to comply with suchdirections.

Explanation: For theavoidance of doubts, it is hereby declared that the power to issue directionsunder this section includes the power to direct –

(a) regulation of norms forprocess and energy consumption standards in any industry a building or buildingcomplex ;

(b) regulation of the energyconsumption standards for equipment and appliances.

CHAPTER VII

FINANCE, ACCOUNTS AND AUDIT OF BUREAU

19.Grants and loans by CentralGovernment: TheCentral Government may, after due appropriation made by Parliament by law inthis behalf, make to the Bureau or to the State Governments grants and loans ofsuch sums of money as the Central Government may consider necessary.

20.Establishment of Fund byCentral Government: (1) There shall be constituted a Fund to be called as the CentralEnergy Conservation Fund and there shall be thereto –

(a) any grants and loans madeto the Bureau by the Central Government under section 19;

(b) all fees received by theBureau under this Act;

(c) all sums received by theBureau from such other sources as may be decided upon by the CentralGovernment.

(2) The Fund shall be appliedfor meeting –

(a) the salary, allowances andother remuneration of Director-General, Secretary officers and other employeesof the Bureau ;

(b) expenses of the Bureau inthe discharge of its functions under section 13;

(c) fee and allowances to bepaid to the members of the Governing Council under sub-section (5) of section4;

(d) expenses on objects and forpurposes authorised by this Act.

21.Borrowing powers of Bureau: (1) The Bureau may, with theconsent of the Central Government, in accordance with the terms of any generalor special authority given to it by the Central Government, borrow money fromany source as it may deem fit for discharging all or any or its functions underthis Act.

(2) The Central Government mayguarantee, in such manner as it thinks fit, the repayment of the principal andthe payment of interest thereon with respect to the loan borrowed by the Bureauunder sub-section (1).

22.Budget: The Bureau shall prepare, insuch form and at such time in each financial year as may be prescribed, itsbudget for the next financial year, showing the estimated receipts and expenditure of the Bureau andforward the same to the Central Government.

23.Annual report: The Bureau shall prepare, in such form and atsuch time in each financial year as may be prescribed, its annual report,giving a full account of its activities during the previous financial year, andsubmit a copy thereof to the Central Government.

24.Annual report to be laidbefore Parliament: The Central Government shall cause the annual report referred toin section 23 to be laid, as soon as may be after it is before each House ofParliament.

25.Accounts and audit: (1) The Bureau shall maintainproper accounts and other relevant records and prepare an annual statement ofaccounts in such form as may be prescribed by the Central Government inconsultation with the Comptroller and Auditor-General of India.

(2) The accounts of the Bureaushall be audited by the Comptroller and Auditor-General of India at suchintervals as may be specified by him and any expenditure incurred in connectionwith such audit shall be payable by the Bureau to the Comptroller andAuditor-General.

(3) The Comptroller andAuditor-General of India and any other person appointed by him in connectionwith the audit of the accounts of the Bureau shall have the same rights andprivileges and authority in connection with such audit as the Comptroller andAuditor-General generally has in connection with the audit of the Governmentaccounts, and in particular, shall have the right to demand the production ofbooks, accounts, connected vouchers and other documents and papers and toinspect any of the offices of the Bureau.

(4) The accounts of the Bureauas certified by the Comptroller and Auditor-General of India or any otherperson appointed by him in this behalf together with the audit report thereonshall be forwarded annually to the Central Government and that Government shallcause the same to be laid before each House of Parliament.

CHAPTER VIII

PENALTIES AND ADJUDICATION

26.Penalty: (1) If any person fails tocomply 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) ofsection 14 or clause (b) or clause (c) or clause (h) of section 15, he shall beliable to a penalty which shall not exceed ten thousand rupees for each suchfailure and, in the case of continuing failure, with an additional penalty whichmay extend to one thousand rupees for every day during which such failurecontinues:

Provided that no person shallbe liable to pay penalty within five years from the date of commencement ofthis Act.

(2) Any amount payable underthis section, if not paid, may be recovered as if it were an arrear of landrevenue.

27.Power to adjudicate: (1) For the purpose ofadjudging under section 26, the State Commission shall appoint any of itsmembers to be an adjudicating officer for holding an inquiry in such manner asmay be prescribed by the Central Government, after giving any person concerneda reasonable opportunity of being heard for the purpose of imposing anypenalty.

(2) While holding an inquiry,the adjudicating officer shall have power to summon and enforce the attendanceof any person acquainted with the facts and circumstances of the case to giveevidence or produce any document which in the opinion of the adjudicatingofficer maybe useful for or relevant to the subject-matter of the inquiry, andif, on such inquiry, he is satisfied that he person has failed to comply withthe provisions of any of the clauses of the sections specified in section 26,he may impose such penalty as he thinks fit in accordance with the provisionsof any of those clauses of that section:

Provided that where a StateCommission has not been established in a State, the Government of that Stateshall appoint any of its officer not below the rank equivalent to a Secretarydealing with legal affairs in that State to be an adjudicating Officer for thepurposes of this section and such officer shall cease to be an adjudicatingofficer immediately on the appointment of an adjudicating officer by the StateCommission on its establishment in that State:

Provided further that where an adjudicatingofficer appointed by a State Government ceased to be an adjudicating officer,he shall transfer to the adjudicating officer appointed by the State Commissionall matters being adjudicated by him and thereafter the adjudicating officerappointed by the State Commission shall adjudicate the penalties on suchmatters.

28.Factors to be taken intoaccount by adjudicating officer: While adjudicating the quantum of penalty under section 26, theadjudicating officer shall have due regard to the following factors, namely: –

(a) the amount ofdisproportionate gain or unfair advantage, wherever quantifiable, made as aresult of the default;

(b) the repetitive nature ofthe default.

29.Civil court not to havejurisdiction: No civilcourt shall have jurisdiction to entertain any suit or proceeding in respect ofany matter which an adjudicating officer appointed under this Act or theAppellate Tribunal is empowered by or under this Act to determine and noinjunction shall be granted by any court or other authority in respect of anyaction taken or to be taken in pursuance of any power conferred by or underthis Act.

CHAPTER IX

APPELLATE TRIBUNAL FOR ENERGY CONSERVATION

30.Establishment of AppellateTribunal: The Central Government shallby notification, establish an Appellate Tribunal to be known as the AppellateTribunal for Energy Conservation to hear appeals against the orders of theadjudicating officer or the Central Government or the State Government or anyother authority under this Act.

31.Appeal to AppellateTribunal: (1) Any person aggrieved, byan order made by an adjudicating officer or the Central Government or the StateGovernment or any other authority under this Act, may prefer an appeal to theAppellate Tribunal for Energy Conservation:

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 inany particular case, the Appellate Tribunal is of the opinion that the depositof such penalty would cause undue hardship to such person, the AppellateTribunal may disperse with such deposit subject to such conditions as it maydeem fit to impose so as to safeguard the realisation of penalty.

(2) Every appeal undersub-section (1) shall be filed within a period of forty-five days from the dateon which a copy of the order made by the adjudicating officer or the CentralGovernment or the State Government or any other authority is received by theaggrieved person and it shall be in such form, verified in such manner and beaccompanied by such fee as may be prescribed:

Provided that the AppellateTribunal may entertain an appeal after the expiry of the said period offorty-five days if it is satisfied that there was sufficient cause for notfiling it within that period;

(3) On receipt of an appealunder sub-section (1), the Appellate Tribunal may, after giving the parties tothe appeal an opportunity of being heard, pass such orders thereon as it thinksfit, confirming, modifying or setting aside the order appealed against.

(4) The Appellate Tribunalshall send a copy of every order made by it to the parties to the appeal and tothe concerned adjudicating officer or the Central Government or the StateGovernment or any other authority.

(5) The appeal filed before theAppellate Tribunal under sub-section (1) shall be dealt with by it asexpeditiously as possible and endeavour shall be made by it to dispose of theappeal finally within one hundred and eighty days from the date of receipt ofthe appeal:

Provided that where an appealcould not be disposed of within the said period of one hundred eighty days, theAppellate Tribunal shall record its reasons in writing for disposing of theappeal within the said period.

(6) The Appellate Tribunal may,for the purpose of examining the legality, propriety or correctness of anyorder made by the adjudicating officer or the Central Government or the StateGovernment or any other authority under this Act, as the case may be, inrelation to any proceeding, on its own motion or otherwise, call for therecords of such proceedings and make such order in the case as it thinks fit.

32.Composition of AppellateTribunal: (1) The Appellate Tribunalshall consist of a Chair Person and such number of Members not exceeding four,as the Central Government may deem fit.

(2) Subject to the provisionsof this Act, –

(a) the jurisdiction of theAppellate Tribunal may be exercised by Benches thereof;

(b) a Bench may be constitutedby the Chair Person of the Appellate Tribunal with two or more members of theAppellate Tribunal as the Chair Person of the Appellate Tribunal may deem fit;

(c) The Benches of theAppellate Tribunal shall ordinarily sit at Delhi an places as the CentralGovernment may, in consultation with the Chairperson of the Appellate Tribunal,notify;

(d) the Central Governmentshall notify the areas in relation to which each Bench of the AppellateTribunal may exercise jurisdiction.

(3) Notwithstanding anythingcontained in sub-section (2), the Chairperson of the Appellate Tribunal maytransfer a Member of the Appellate Tribunal from one Bench to another Bench.

Explanation: For thepurposes of this Chapter, –

(i) "Judicial Member"means a Member of the Appellate Tribunal appointed as such under item (i) oritem (ii) of clause (b) of sub-section (1) of section 33, and includes theChairperson of the Appellate Tribunal;

(ii) "TechnicalMember" means a Member of the Appellate Tribunal appointed as such underitem (iii) or item (iv) or item (v) or item (vi) of clause (b) of sub-section(1) of section 33.

33.Qualifications forappointment of Chairperson and Members of Appellate Tribunal: (1) A person shall not bequalified for appointment as the Chairperson of the Appellate Tribunal or aMember of the Appellate Tribunal unless he, –

(a) in the case of Chairpersonof the Appellate Tribunal, is, or has been, a judge of the Supreme Court or theChief Justice of a High Court; and

(b) in the case of a Member ofthe Appellate Tribunal;

(i) is, or has been, or isqualified to be, a Judge of a High Court; or

(ii) is, or has been, a Memberof the Indian Legal Service and has held a post in Grade I in that service forat least three years; or

(iii) is, or has been, aSecretary for at least one year in the Ministry or Department of the CentralGovernment dealing with the Power or Coal or Petroleum and Natural Gas orAtomic Energy; or

(iv) is, or has been theChairman 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 ResearchInstitute or Bureau of Indian Standards for at least three years or has heldany equivalent post for at least three years; or

(vi) is, or has been, aqualified technical person of ability and standing, having adequate knowledgeand experience in dealing with the matters relating to energy, production andsupply, energy management, standardisation and efficient use of energy and itsconservation, and has shown capacity in dealing with problems relating toengineering, finance, commerce, economics, law or management.

34.Term of office: The Chairperson of theAppellate Tribunal and every Member of the Appellate Tribunal shall hold officeas such for a term of five years from the date on which he enters upon hisoffice:

Provided that no Chairperson ofthe Appellate Tribunal or Member of the Appellate Tribunal shall hold office assuch after he has attained, –

(a) in the case of theChairperson of the Appellate Tribunal, the age of seventy years;

(b) in the case of any Memberof the Appellate Tribunal, the age of sixty-five years.

35.Terms and conditions ofservice: The salary and allowancespayable to and the other terms and conditions of service of the Chairperson ofthe Appellate Tribunal and Members of the Appellate Tribunal shall be such asmay be prescribed:

Provided that neither thesalary and allowances nor the other terms and conditions of service of theChairperson of the Appellate Tribunal or a Member of the Appellate Tribunalshall be varied to his disadvantage after appointment.

36.Vacancies: If, for reason, other thantemporary absence, any vacancy occurs in the office of the Chairperson of theAppellate Tribunal or a Member of the Appellate Tribunal, the CentralGovernment shall appoint another person in accordance with the provisions ofthis Act to fill the vacancy and the proceedings may be continued before theAppellate Tribunal from the stage at which the vacancy is filled.

37.Resignation and removal: (1) The Chairperson or aMember of the Appellate Tribunal may, by notice in writing under his handaddressed to the Central Government, resign his office:

Provided that the Chairpersonof the Appellate Tribunal or a Member of the Appellate Tribunal shall, unlesshe is permitted by the Central Government to relinquish his office sooner,continue to hold office until the expiry of three months from the date ofreceipt of such notice or until a person duly appointed as his successor entersupon his office or until the expiry of his term of office, whichever is theearliest.

(2) The Chairperson of theAppellate Tribunal or Member of the Appellate Tribunal shall not be removedfrom his office except by an order by the Central Government on the ground of provedmisbehaviour or incapacity after an inquiry made by such person as thePresident may appoint for this purpose in which the Chairperson or a Member ofthe Appellate Tribunal concerned has been informed of the charges against himand given a reasonable opportunity of being heard in respect of such charges.

38.Member to act as Chairpersonin certain circumstances: (1) In the event of the occurrence of any vacancy in the officeof the Chairperson of the Appellate Tribunal by reason of his death, resignationor otherwise, the senior-most Member of the Appellate Tribunal shall act as theChairperson of the Appellate Tribunal until the date on which a newChairperson, appointed in accordance with the provisions of this Act to fillsuch vacancy, enters upon his office.

(2) When the Chairperson of theAppellate Tribunal is unable to discharge his functions owing to absence,illness or any other cause, the senior-most Member of the Appellate Tribunalshall discharge the functions of the Chairperson of the Appellate Tribunaluntil the date on which the Chairperson of the Appellate Tribunal resumes hisduties.

39.Staff of Appellate Tribunal: (1) The Central Governmentshall provide the Appellate Tribunal with such officers and employees as it maydeem fit.

(2) The officers and employeesof the Appellate Tribunal shall discharge his functions under the generalsuperintendence of the Chairperson of the Appellate Tribunal, as the case maybe.

(3) The salaries and allowancesand other conditions of service of the officers and employees of the AppellateTribunal shall be such as may be prescribed.

40. Procedure and powers ofAppellate Tribunal: (1) The Appellate Tribunal be bound by the procedure laid down bythe Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by theprinciples of natural justice and, subject to the other provisions of this Act,the Appellate Tribunal shall have powers to regulate its own procedure.

(2) The Appellate Tribunalshall have, for the purposes of discharging its functions under this Act, thesame 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 matters,namely: –

(a) summoning and enforcing theattendance of any person and examining him on oath;

(b) requiring the discovery andproduction of documents;

(c) receiving evidence onaffidavits;

(d) subject to the provisionsof 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 documentfrom any office;

(e) issuing commissions for theexamination of witnesses or documents;

(f) reviewing its decisions;

(g) dismissing a representationof default or deciding it, ex parte;

(h) setting aside any order ofdismissal or any representation for default or any order passed by it, exparte;

(i) any other matter which maybe prescribed by the Central Government.

(3) An order made by theAppellate Tribunal under this Act shall be executable by the Appellate Tribunalas a decree of civil court and, for this purpose, the Appellate Tribunal shallhave all the powers of a civil court.

(4) Notwithstanding anythingcontained in sub-section (3), the Appellate Tribunal may transmit any ordermade by it to a civil court having local jurisdiction and such civil courtshall execute the order as if it were a decree made by that court.

(5) All proceedings before theAppellate Tribunal shall be deemed to be judicial proceedings within themeaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and theAppellate Tribunal shall be deemed to be a civil court for the purposes ofsections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974).

41.Distribution of businessamongst Benches: WhereBenches are constituted, the Chairperson of the Appellate Tribunal may, fromtime to time, by notification, make provisions as to the distribution of thebusiness of the Appellate Tribunal amongst the Benches and also provide for thematters which may be dealt with by each Bench.

42.Power of Chairperson totransfer cases: On theapplication of any of the parties and after notice to the parties, and afterhearing such of them as he may desire to be heard, or on his own motion withoutsuch notice, the Chairperson of the Appellate Tribunal may transfer any casepending before one Bench for disposal, to any other Bench.

43.Decision to be by majority: If the Members of theAppellate Tribunal of a Bench consisting of two Members differ in opinion onany point, they shall state the point or points on which they differ, and makea reference to the Chairperson of the Appellate Tribunal who shall either hearthe point or points himself or refer the case for hearing on such point orpoints by one or more of the other Members of the Appellate Tribunal and suchpoint or points shall be decided according to the opinion of the majority ofthe Members of the Appellate Tribunal who have heard the case, including thosewho first heard it.

44.Right of appellant to takeassistance of legal practitioner or accredited auditor and of Government toappoint presenting officers: (1) A person preferring an appeal to the Appellate Tribunal underthis Act may either appear in person or take the assistance of a legalpractitioner or an accredited energy auditor of his choice to present his casebefore the Appellate Tribunal, as the case may be.

(2) The Central Government orthe State Government may authorise one or more legal practitioners or any ofits officers to act as presenting officers and every person so authorised maypresent the case with respect to any appeal before the Appellate Tribunal, asthe case may be.

45.Appeal to Supreme Court: Any person aggrieved by anydecision or order of the Appellate Tribunal, may, file an appeal to the SupremeCourt within sixty days from the date of communication of the decision or orderof the Appellate Tribunal to him, on any one or more of the grounds specifiedin section 100 of the Code of Civil Procedure, 1908 (5 of 1908):

Provided that the Supreme Courtmay, if it is satisfied that the appellant prevented by sufficient cause fromfiling the appeal within the said period allow it to be filed within a furtherperiod not exceeding sixty days.

CHAPTER X

MISCELLANEOUS

46.Power of Central governmentto issue directions to Bureau: (1) Without prejudice the foregoing provisions of this Act, theBureau shall, in exercise of its powers or the performance of its functionsunder this Act, be bound by such directions on questions of policy as theCentral 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 anydirection is given under this sub-section.

(2) The decision of the CentralGovernment, whether a question is one of policy or not shall be final.

47.Power of Central Governmentto supersede Bureau: (1) If at any time the Central Government is of opinion –

(a) that on account of graveemergency, the Bureau is unable to discharge the functions and duties imposedon it by or under the provisions of this Act; or

(b) that the Bureau haspersistently made default in complying with any direction issued by the CentralGovernment under this Act or in discharge of the functions and duties imposedon it by or under the provisions of this Act and as a result of such default,the financial position of the Bureau had deteriorated or the administration ofthe Bureau had deteriorated; or

(c) that circumstances existwhich render it necessary in the public interest so to do,

Central Government may, bynotification, supersede the Bureau for such period, not exceeding six months,as may be specified in the notification.

(2) Upon the publication of anotification under sub-section (1) superseding the Bureau;

(a) all the members referred toin clauses (o), (p) and (y) of sub-section (2) of section 4 shall, as from thedate of supersession, vacate their offices as such;

(b) all the powers, functionsand duties which may, by or under the provisions of this Act, be exercised ordischarged by or on behalf of the Bureau, shall until the Bureau isreconstituted under sub-section (3), be exercised and discharged by such personor persons as the Central Government may direct; and

(c) all property owned orcontrolled by the Bureau shall, until the Bureau is constituted undersub-section (3), vest in the Central Government.

(3) on the expiration of theperiod of supersession specified in the notification issued under sub-section(1), the Central Government may reconstitute the Bureau by a fresh appointmentand in such case any person or persons who vacated their offices under clause(a) of sub-section (2), shall not be deemed disqualified for appointment:

Provided that the CentralGovernment may, at any time, before the expiration of the period ofsupersession, take action under this sub-section.

(4) The Central Governmentshall cause a notification issued under sub-section (1) and a full report ofany action taken under this section and the circumstances leading to suchaction to be laid before each House of Parliament at the earliest.

48.Default by companies: (1) Where a company makes adefault 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) orclause (s) of section 14 or clause (b) or clause (c) or clause (h) of section15, every person who at the time of such contravention was incharge of, and wasresponsible to the company for the conduct of the business of the company, aswell as the company, shall be deemed to have acted in contravention of the saidprovisions and shall be liable to be proceeded against and imposed penaltyunder section 26 accordingly:

Provided that nothing containedin this sub-section shall render any such person liable for the penaltyprovided in this Act if he proves that the contravention of the aforesaidprovisions was committed without his knowledge or that he exercised all duediligence to prevent the contravention of the aforesaid provision.

(2) Notwithstanding anythingcontained in sub-section (1), where any contravention of the provisions ofclause (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) orclause (c) or clause (h) of section 15 has been committed with the consent orconnivance of, or is attributable to, any, neglect on the part of, anydirector, manager, secretary or other officer of the company, such director,manager, secretary or other officer shall also be deemed to have contravenedthe said provisions and shall be liable to be proceeded for imposition ofpenalty accordingly.

Explanation: For thepurposes of this section, "company" means a body corporate andincludes a firm or other association of individuals.

49.Exemption from tax onincome: Notwithstanding anythingcontained in the Income-tax Act, 1961 (43 of 1961) or any other enactment forthe time being in force relating to tax on income, profits or gains –

(a) the Bureau;

(b) the existing EnergyManagement Centre from the date of its constitution to the date ofestablishment of the Bureau, shall not be liable to pay any income-tax or anytax in respect of their income, profits or gains derived.

50.Protection of action takenin good faith: No suit,prosecution or other legal proceeding shall lie against the Central Governmentor Director-General or Secretary or State Government or any officer of thoseGovernments or State Commission or its members or any member or officer orother employee of the Bureau for anything which is in good faith done orintended to be done under this Act or the rules or regulations made thereunder.

51.Delegation: The Bureau may, by general orspecial 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 and functions under thisAct (except the powers under section 58) as it may deem necessary.

52.Power to obtain information: Every designated consumer ormanufacturer of equipment or appliance specified under clause (b) of section 14shall supply the Bureau with such information, and with such samples of anymaterial or substance used in relation to any equipment or appliance, as theBureau may require.

53.Power to exempt: If the Central Government orthe State Government is of the opinion that it is necessary or expedient so todo in the public interest, it may, by notification and subject to suchconditions as may be specified in the notification, exempt any designatedconsumer or class of designated consumers from application of all or any of theprovisions of this Act:

Provided that the CentralGovernment or the State Government, as the case may be shall not grantexemption to any designated consumer or class of designated consumers for aperiod exceeding five years:

Provided further that theCentral Government or the State Government, as the case may be, shall consultthe Bureau of Energy Efficiency before granting such exemption.

54.Chairperson, Members,officers and employees of the Appellate Tribunal, Members of State Commission,Director-General, Secretary, members, officers and employees of the Bureau tobe public servants: The Chairperson of the Appellate Tribunal or the Members of theAppellate Tribunal or officers or employees of the Appellate Tribunal or themembers of the State Commission or the members, Director-General, Secretary,officers and other employees of the Bureau shall be deemed, when acting orpurporting to act in pursuance of any of the provisions of this Act, to bepublic servants within the meaning of section 21 of the Indian Penal Code (45of 1860).

55.Power of Central Governmentto issue directions: The Central Government may give directions to a State Governmentor the Bureau as to carrying out into execution of this Act in the State.

56.Power of Central Governmentto make rules: (1) TheCentral Government may, by notification, make rules for carrying out theprovisions of this Act.

(2) In particular, and withoutprejudice to the generality of the foregoing power, such rules may provide forall or any of the following matters, namely: –

(a) such number of persons to beappointed as membersby the Central Government underclauses (o), (p) and (q) of sub-section (2) of section 4;

(b) the fee and allowances tobe paid to the members under sub-section (5) of section 4;

(c) the salary and allowancespayable to the Director-General and other terms and conditions of his serviceand other terms and conditions of service of the Secretary of the Bureau under sub-section (4) of section9;

(d) the terms and conditions ofservice of officers and other employees of the Bureau under sub-section (2) ofsection 10;

(e) performing such otherfunctions by the Bureau, as may be prescribed, under clause (u) of sub-section(2) of section 13;

(f) the energy consumptionnorms and standards for designated consumers under clause (g) of section 14;

(g) prescribing thedifferent norms andstandards for differentdesignated consumers under the proviso to clause (g) of section 14;

(h) the form and manner and thetime within which information with regard to energy consumed and the actiontaken on the recommendations of the accredited energy auditor be furnishedunder clause (k) of section 14:

(i) the form and manner inwhich the status of energy consumption be submitted under clause (l) of section14;

(j) the minimum qualificationsfor energy managers under clause (m) of section 14;

(k) the form and manner forpreparation of scheme and its implementation under clause (o) of section 14;

(l) the energy conservationbuilding codes under clause (p) of section 14;

(m) the matters relating toinspection under sub-section (2) of section 17;

(n) the form in which, and thetime at which, the Bureau shall prepare its budget under section 22;

(o) the form in which, and thetime at which, the Bureau shall prepare its annual report under section 23;

(p) the form in which theaccounts of the Bureau shall be maintained under section 25;

(q) the manner of holdinginquiry under sub-section (1) of section 27;

(r) the form and fee for filingappeal under sub-section (2) of section 31;

(s) the salary and allowancespayable to and other terms and conditions of service of the Chairperson of theAppellate Tribunal and Members of the Appellate Tribunal under section 35;

(t) the salary and allowancesand other conditions of service of the officers and other employees of theAppellate Tribunal under sub-section (3) of section 39;

(u) the additional matters inrespect of which the Appellate Tribunal may exercise the powers of a civilcourt under clause (i) of sub-section (2) of section 40;

(v) any other matter which isto 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 tomake rules: (1) TheState Government may, by notification, make rules for carrying out theprovisions of this Act and not inconsistent with the rules, if any, made by theCentral Government.

(2) In particular, and withoutprejudice to the generality of the foregoing power, such rules may provide forall or any of the following matters, namely:

(a) energy conservationbuilding codes under clause (a) of section 15;

(b) the form, the manner andthe period within which information with regard to energy consumption shall befurnished under clause (h) of section 15;

(c) the person or any authoritywho shall administer the Fund and the manner in which the Fund shall be administeredunder sub-section (4) of section 16;

(d) the matters to be includedfor the purposes of inspection under sub-section of section 17;

(e) any other matter which isto 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 makeregulations: (1) TheBureau may, with the previous approval of the Central Government and subject tothe condition of previous publication, by notification, make regulations notinconsistent with the provisions of this Act and the rules made thereunder tocarry out the purposes of this Act.

(2) In particular, and withoutprejudice to the generality of the foregoing power, such regulations mayprovide for all or any of the following matters, namely: –

(a) the times and places of themeetings of the Governing Council and the procedure to be followed at suchmeetings under sub-section (1) of section 5;

(b) the members of advisory committees constituted undersub-section (2) of section 8;

(c) the powers and duties thatmay be exercised and discharged by the Director General of the Bureau undersub-section (b) of section 9;

(d) the levy of fee forservices provided for promoting efficient use of energy and its conservationunder clause (n) of sub-section (2) of section 13;

(e) the list of accreditedenergy auditors under clause (o) of sub-section (2) of section 13;

(f) the qualifications foraccredited energy auditors under clause (p) of sub-section( (2) of section 13;

(g) the manner and theintervals of time in which the energy audit shall be conducted under clause (q)of sub-section (2) of section 13;

(h) certification procedure forenergy managers under clause (r) of sub-section (2) of section 13;

(i) particulars required to bedisplayed on label and the manner of their display under clause (d) of section14;

(j) the manner and theintervals of time for conduct of energy audit under clause (h)( or clause (s)of section 14;

(k) the manner and theintervals of time, for conducting energy audit by an( accredited energy auditorunder clause (c) of section 15;

(l) any other matter which isrequired to be, or may be, specified.

59.Rules and regulations to belaid before Parliament and State Legislature: (1) Every rule made by the Central Government andevery regulation made under this Act shall be laid, as soon as may be after itis made, before each House of Parliament while it is in session, for a totalperiod of thirty days which may be comprised in one session or in two or moresuccessive sessions, and if, before the expiry of the session immediatelyfollowing the session or the successive sessions aforesaid, both Houses agreein making any modification in the rule or regulation, or both Houses agree thatthe rule or regulation should not be made, the rule or regulation shallthereafter have effect only in such modified form or be of no effect, as thecase may be; so, however, that any such modification or annulment shall bewithout prejudice to the validity of anything previously done under that ruleor regulation.

(2) Every rule made by theState Government shall be laid, as soon as may be after it is made, before eachHouse of the State Legislature where it consists of two Houses or where suchLegislature consists of one House, before that House.

60.Application of other lawsnot barred: Theprovisions of this Act shall be in addition to, and not in derogation of, theprovisions of any other law for the time being in force.

61.Provisions of Act not toapply in certain cases: The provisions of this Act shall not apply to the Ministry orDepartment of the Central Government dealing with Defence, Atomic Energy orsuch other similar Ministries or Departments or undertakings or Boards orinstitutions under the control of suchMinistries or Departments as may be notified by the Central Government.

62.Power to remove difficulty: (1) If any difficulty arisesin giving effect to provisions of this Act, the Central Government may, byorder, published in the Official Gazette, make such provisions not inconsistentwith the provisions of this Act as may appear to be necessary for removing thedifficulty:

Provided that no such ordershall be made under this section after the expiry of two years from the date ofthe commencement of this Act.

(2) Every order made under thissection shall be laid, as soon as may be after it is made, before each House ofParliament.

THE SCHEDULE

[Seesection 2(s)]

LIST OF ENERGY INTENSIVE INDUSTRIES AND OTHER ESTABLISHMENTSSPECIFIED AS DESIGNATED CONSUMERS

1.Alummium;

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 (industriesand services);

13.Petrochemical, Gas Crackers,Naphtha Crackers and Petroleum Refineries;

14.Thermal power stations,hydel power stations, electricity transmission companies and distributioncompanies;

15.Commercial buildings orestablishments.