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ENERGY CONSERVATION ACT, 2001

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S.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 1 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.


S.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 Conserva-tion 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 having 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 s

S.3 Establishment and incorporation of Bureau of Energy Efficiency

       (1) With effect from such date 1 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.


S.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:--
       (a) the Minister incharge of the Ministry or Department of the Central Government dealing with the Power ex officio Chairperson;
       (b) the Secretary to the Government of India, incharge 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 G

S.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.


S.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.


S.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.


S.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.


S.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 conditio

S.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.


S.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.


S.12 Transfer of assets, liabilities and employees of Energy Management Centre

       (1) On and from the date of establishment of the Bureau—
       (a) any reference to the Energy Management Centre in any law other than this Act or in any contract or other instrument shall be deemed as a reference to the Bureau;
       (b) all properties and assets, movable and immovable of, or belonging to, the Energy Management Centre shall vest in the Bureau;
       (c) all the rights and liabilities of the Energy Management Centre shall be transferred to, and be the rights and liabilities of, the Bureau;
       (d) without prejudice to the provisions of clause (c), all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Energy Management Centre immediately before that date, f

S.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 it 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;
    &n

S.14 Power of Central Government to enforce efficient use of energy and its conservation

       The Central Government may, by notification, in consultation with the Bureau,—
       (a) specify the norms for processes and energy consumption standards for any equipment, appliance which consumes, generates, transmits or supplies energy;
       (b) specify equipment or appliance or class of equipments or appliances, as the case may be, for the purposes of this Act;
       (c) prohibit manufacture or sale or purchase or import of equipment or appliance specified under clause (b), unless such equipment or appliance conforms to energy consumption standards:
       Provided that no notification prohibiting manufacture or sale or purchase or import of equipment or appliance shall be issued within two years from the date of notification issued under clause (a) of this se

S.15 Power of State Government to enforce certain provisions for efficient use of energy and its conservation

       The State Government may, by notification, in consultation with the Bureau—
       (a) amend the energy conservation building codes to suit the regional and local climatic conditions and may, by rules made by it, specify and notify energy conservation building codes with respect to use of energy in the buildings;
       (b) direct every owner or occupier of a building or building complex being a designated consumer to comply with the provisions of the energy conservation building codes;
       (c) direct, if considered necessary for efficient use of energy and its conservation, any designated consumer referred to in clause (b) to get energy audit conducted by an accredited energy auditor in such manner and at such intervals of time as may be specified by regulations;
      

S.16 Establishment of Fund by State Government

       (1) The State Government shall constitute a Fund to be called the State Energy Conservation Fund for the purposes of promotion of efficient use of energy and its conservation within the State.
       (2) To the Fund shall be credited all grants and loans that may be made by the State Government or, Central Government or any other organisation or individual for the purposes of this Act.
       (3) The Fund shall be applied for meeting the expenses incurred for implementing the provisions of this Act.
       (4) The Fund created under sub-section (1) shall be administered by such persons or any authority and in such manner as may be specified in the rules made by the State Government.


S.17 Power of inspection

       (1) The designated agency may appoint, after the expiry of five years from the date of commencement of this Act, as many inspecting officers as may be necessary for the purpose of ensuring compliance with energy consumption standards specified under clause (a) of section 14 or ensure display of particulars on label on equipment or appliance specified under clause (b) of section 14 or for the purpose of performing such other functions as may be assigned to them.
       (2) Subject to any rules made under this Act, an inspecting officer shall have power to—
       (a) inspect any operation carried on or in connection with the equipment or appliance specified under clause (b) of section 14 or in respect of which energy standards under clause (a) of section 14 have been specified;
       (b) enter any place of d

S.18 Power of Central Government or State Government to issue directions

       The Central Government or the State Government may, in the exercise of its powers and performance of its functions under this Act and for efficient use of energy and its conservation, issue such directions in writing as it deems fit for the purposes of this Act to any person, officer, authority or any designated consumer and such person, officer or authority or any designated consumer shall be bound to comply with such directions.
       Explanation.—For the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct—
       (a) regulation of norms for process and energy consumption standards in any industry or building or building complex; or
       (b) regulation of the energy consumption standards for equipment and appliances.


S.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 may consider necessary.


S.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;
    &

S.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).


S.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 Government.


S.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 Central Government.


S.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.


S.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-General 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 Auditor-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 ac

S.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 section 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 continues:
       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.


S.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 giving 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 adjudicating 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 impose such penalty as he thinks fit in accordance wi

S.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.


S.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 Act 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.


S.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 Central Government or the State Government or any other authority under this Act.


S.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 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 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 it 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 for

S.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 m

S.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 Coa

S.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 Appellate Tribunal, the age of sixty-five years.


S.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, 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.


S.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 provisions 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.


S.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 of 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 ma

S.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 Appellate 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 Tribunal until the date on which the Chairperson of the Appellate Tribunal resumes his duties.


S.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.


S.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 provisions 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 matters, 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;
&n

S.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 Benches and also provide for the matters which may be dealt with by each Bench.


S.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 Tribunal may transfer any case pending before one Bench for disposal, to any other Bench.


S.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 Appellate 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 majority of the Members of the Appellate Tribunal who have heard the case, including those who first heard it.


S.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 Tribunal, as the case may be.


S.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 any 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.


S.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.


S.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 default, 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 per

S.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 clause (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 contravention 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 diligence to prevent the contravention

S.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.


S.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 members 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.


S.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 and functions under this Act (except the powers under section 58) as it may deem necessary.


S.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 relation to any equipment or appliance, as the Bureau may require.


S.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, exempt 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.


S.54 Chairperson, Members, officers and employees of the Appellate Tribunal, Members of State Commission, Director-General, Secretary, members, officers and employees of the Bureau to be public servants

       The Chairperson of the Appellate Tribunal or the members of the Appellate 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 pursuance 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).


S.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.


S.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;
      &nbs

S.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;
      &

S.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

S.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 while 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 Houses 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, however, 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

S.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.


S.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.


S.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 as 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.


Sch List of Energy Intensive Industries and other establishments specified as designated consumers

       The Schedule
       [See section 2(s)]
        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 (

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