Energy Conservation Act, 2001

For efficient use of energy and its conservation in India.

Energy Conservation Act, 2001

[Act 52 of 2001]       [29th September, 2001]

An Act to provide for efficient use of energy and its conservation and for matters connected therewith or incidental thereto

Be it enacted by Parliament in the Fifty-second Year of the Republic of India as follows:—

Chapter I

PRELIMINARY

1. Short title, extent and commencement.

1. Short title, extent and commencement.—(1) This Act may be called the Energy Conservation Act, 2001.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement 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 [i][an energy auditor accredited in accordance with the provisions of] clause (p) of sub-section (2) of Section 13;

(b) “Appellate Tribunal” means the Appellate Tribunal for Energy Conservation [ii][referred to in Section 30];

[iii][(c) “building” means any structure or erection or part of structure or erection after the rules relating to energy conservation building codes have been notified under clause (p) of Section 14 and clause (a) of Section 15 and includes any existing structure or erection or part of structure or erection, which is having a connected load of 100 Kilowatt (kW) or contract demand of 120 Kilo-volt Ampere (kVA) and above and is used or 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 consumption;

(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 Societies Registration Act, 1860 (21 of 1860);

(m) “energy manager” means any individual possessing the qualifications prescribed under clause (m) of Section 14;

[iv][(ma) “energy savings certificate” means any energy savings certificate issued to the designated consumers under sub-section (1) of Section 14-A;

(maa) “equipment or appliance” means any equipment or appliance which consumes, generates, transmits or supplies energy and includes any device that consumes any form of energy and produces a desired work;]

(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 meanings respectively assigned to them in those Acts.

Chapter II

BUREAU OF ENERGY EFFICIENCY

3. Establishment and incorporation of Bureau of Energy Efficiency.

3. Establishment and incorporation of Bureau of Energy Efficiency.—(1) With effect from such date as the Central Government may, by notification, appoint, there shall be established, for the purposes of this Act, a Bureau to be called the Bureau of Energy 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 shall, 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 Central Government.

(2) The Governing Council shall consist of the following members, namely:—

(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 prescribed.

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 have a second or casting vote.

6. Vacancies, etc. not to invalidate proceedings of Bureau, Governing Council 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 considers 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 [v][five 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) [vi][The Bureau] 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.

References

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