The Energy Conservation Act, 2001
Administered Ministry: Ministry of Power
Section
Section 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 1*** 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).
1. Certain words omitted by Act of 28 of 2010, s. 12 (w.e.f. 24-8-2010).
Section 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.
Section 56 Power of Central Government to make rules. 22 docs
(1) The Central Government may, by notification, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) such number of persons to be appointed as members by the Central Government under clauses (o), (p) and (q) of sub-section (2) of section 4;
(b) the fee and allowances to be paid to the members under sub-section (5) of section 4;
(c) the salary and allowances payable to the Director-General and other terms and conditions of his service and other terms and conditions of service of the Secretary of the Bureau under sub-section (4) of section 9;
(d) the terms and conditions of service of officers and other employees of the Bureau under sub-section (2) of section 10;
(e) performing such other functions by the Bureau, as may be prescribed, under clause (u) of sub-section (2) of section 13;
(f) the energy consumption norms and standards for designated consumers under clause (g) of section 14;
(g) prescribing the different norms and standards for different designated consumers under the proviso to clause (g) of section 14;
(h) the form and manner and the time within which information with regard to energy consumed and the action taken on the recommendations of the accredited energy auditor be furnished under clause (k) of section 14;
(i) the form and manner in which the status of energy consumption be submitted under clause (i) of section 14;
(j) the minimum qualifications for 1[energy auditors and energy managers] under clause (m) of section 14;
(k) the form and manner for preparation of scheme and its implementation under clause (o) of section 14;
(l) the 2[energy conservation and sustainable building codes] under clause (p) of section 14;;
3[(la) prescribing the procedure for issuing the energy savings certificate under sub-section (1) of section 14A;
(laa) the value of per metric ton of oil equivalent of energy consumed under section 14B;]
(m) the matters relating to inspection under sub-section (2) of section 17;
(n) the form in which, and the time at which, the Bureau shall prepare its budget under section 22;
(o) the form in which, and the time at which, the Bureau shall prepare its annual report under section 23;
(p) the form in which the accounts of the Bureau shall be maintained under section 25;
(q) the manner of holding inquiry under sub-section (1) of section 27;
(r) the form and fee for filing appeal under sub-section (2) of section 31;
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(v) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, or may be made, by rules.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) such number of persons to be appointed as members by the Central Government under clauses (o), (p) and (q) of sub-section (2) of section 4;
(b) the fee and allowances to be paid to the members under sub-section (5) of section 4;
(c) the salary and allowances payable to the Director-General and other terms and conditions of his service and other terms and conditions of service of the Secretary of the Bureau under sub-section (4) of section 9;
(d) the terms and conditions of service of officers and other employees of the Bureau under sub-section (2) of section 10;
(e) performing such other functions by the Bureau, as may be prescribed, under clause (u) of sub-section (2) of section 13;
(f) the energy consumption norms and standards for designated consumers under clause (g) of section 14;
(g) prescribing the different norms and standards for different designated consumers under the proviso to clause (g) of section 14;
(h) the form and manner and the time within which information with regard to energy consumed and the action taken on the recommendations of the accredited energy auditor be furnished under clause (k) of section 14;
(i) the form and manner in which the status of energy consumption be submitted under clause (i) of section 14;
(j) the minimum qualifications for 1[energy auditors and energy managers] under clause (m) of section 14;
(k) the form and manner for preparation of scheme and its implementation under clause (o) of section 14;
(l) the 2[energy conservation and sustainable building codes] under clause (p) of section 14;;
3[(la) prescribing the procedure for issuing the energy savings certificate under sub-section (1) of section 14A;
(laa) the value of per metric ton of oil equivalent of energy consumed under section 14B;]
(m) the matters relating to inspection under sub-section (2) of section 17;
(n) the form in which, and the time at which, the Bureau shall prepare its budget under section 22;
(o) the form in which, and the time at which, the Bureau shall prepare its annual report under section 23;
(p) the form in which the accounts of the Bureau shall be maintained under section 25;
(q) the manner of holding inquiry under sub-section (1) of section 27;
(r) the form and fee for filing appeal under sub-section (2) of section 31;
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(v) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, or may be made, by rules.
1. Subs. by Act 28 of 2010, s. 13, for "energy managers" (w.e.f. 24-8-2010).
2. Subs. by Act 19 of 2022, s. 16, for "energy conservation building codes" (w.e.f. 1-1-2023).
3. Ins. by Act 28 of 2010, s. 13, (w.e.f. 24-8-2010).
4. Cls. (s), (t) and (u) omitted by s. 13, ibid. (w.e.f. 24-8-2010).
2. Subs. by Act 19 of 2022, s. 16, for "energy conservation building codes" (w.e.f. 1-1-2023).
3. Ins. by Act 28 of 2010, s. 13, (w.e.f. 24-8-2010).
4. Cls. (s), (t) and (u) omitted by s. 13, ibid. (w.e.f. 24-8-2010).
Section 57 Power of State Government to make rules. 1 docs
(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) 1[energy conservation and sustainable 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;
2[(ba) the fee to be levied for the services rendered by the designated agency for promoting efficient use of energy and its conservation under clause (ha) of section 15;
(bb) the form in which and the time at which, the budget of the designated agency shall be prepared under section 15A;]
(c) the person or any authority who shall administer the Fund and the manner in which the Fund shall be administered under sub-3[section (3)] of section 16;
(d) the matters to be included for the purposes of inspection under sub-section (2) of section 17;
(e) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, or may be made, by rules.
(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) 1[energy conservation and sustainable 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;
2[(ba) the fee to be levied for the services rendered by the designated agency for promoting efficient use of energy and its conservation under clause (ha) of section 15;
(bb) the form in which and the time at which, the budget of the designated agency shall be prepared under section 15A;]
(c) the person or any authority who shall administer the Fund and the manner in which the Fund shall be administered under sub-3[section (3)] of section 16;
(d) the matters to be included for the purposes of inspection under sub-section (2) of section 17;
(e) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, or may be made, by rules.
1. Subs. by Act 19 of 2023, s. 17, for "energy conservation building codes" (w.e.f. 1-1-2023).
2. Ins. by s. 17, ibid. (w.e.f. 1-1-2023).
3. Subs. by s. 17, ibid.., for “section (4)” (w.e.f. 1-1-2023).
2. Ins. by s. 17, ibid. (w.e.f. 1-1-2023).
3. Subs. by s. 17, ibid.., for “section (4)” (w.e.f. 1-1-2023).
Section 58 Power of Bureau to make regulations. 21 docs
(1) The Bureau may, with the previous approval of the Central Government and subject to the condition of previous publication, by notification, make regulations not inconsistent with the provisions of this Act and the rules made thereunder to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:--
(a) the times and places of the meetings of the Governing Council and the procedure to be followed at such meetings under sub-section (1) of section 5;
(b) the members of advisory committees constituted under sub-section (2) of section 8;
(c) the powers and duties that may be exercised and discharged by the Director-General of the Bureau under sub-section (6) of section 9;
(d) the levy of fee for services provided for promoting efficient use of energy and its conservation under clause (n) of sub-section (2) of section 13;
(e) the list of accredited energy auditors under clause (o) of sub-section (2) of section 13;
1[(f) the qualifications, criteria and conditions subject to which a person may be accredited as an energy auditor and the procedure for such accreditation under clause (p) of sub-section (2) of section 13;]
(g) the manner and the intervals of time in which the energy audit shall be conducted under clause (q) of sub-section (2) of section 13;
(h) certification procedure for 2[energy auditors and energy managers] under clause (r) of sub-section (2) of section 13;
3[(ha) the purposes, and the terms and conditions subject to which, an agency may be authorised to carry out the functions of the Bureau under clause (tb) of sub-section (2) of section 13;
(hb) the technical qualification to test samples under clause (tc) of sub-section (2) of section 13;]
(i) particulars required to be displayed on label and the manner of their display under clause (d) of section 14;
(j) the manner and the intervals of time for conduct of energy audit under clause (h) or clause (s) of section 14;
(k) the manner and the intervals of time for conducting energy audit by an accredited energy auditor under clause (c) of section 15;
(l) any other matter which is required to be, or may be, specified.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:--
(a) the times and places of the meetings of the Governing Council and the procedure to be followed at such meetings under sub-section (1) of section 5;
(b) the members of advisory committees constituted under sub-section (2) of section 8;
(c) the powers and duties that may be exercised and discharged by the Director-General of the Bureau under sub-section (6) of section 9;
(d) the levy of fee for services provided for promoting efficient use of energy and its conservation under clause (n) of sub-section (2) of section 13;
(e) the list of accredited energy auditors under clause (o) of sub-section (2) of section 13;
1[(f) the qualifications, criteria and conditions subject to which a person may be accredited as an energy auditor and the procedure for such accreditation under clause (p) of sub-section (2) of section 13;]
(g) the manner and the intervals of time in which the energy audit shall be conducted under clause (q) of sub-section (2) of section 13;
(h) certification procedure for 2[energy auditors and energy managers] under clause (r) of sub-section (2) of section 13;
3[(ha) the purposes, and the terms and conditions subject to which, an agency may be authorised to carry out the functions of the Bureau under clause (tb) of sub-section (2) of section 13;
(hb) the technical qualification to test samples under clause (tc) of sub-section (2) of section 13;]
(i) particulars required to be displayed on label and the manner of their display under clause (d) of section 14;
(j) the manner and the intervals of time for conduct of energy audit under clause (h) or clause (s) of section 14;
(k) the manner and the intervals of time for conducting energy audit by an accredited energy auditor under clause (c) of section 15;
(l) any other matter which is required to be, or may be, specified.
1. Subs. by Act 28 of 2010, s. 14, for clause (f) (w.e.f. 24-8-2010).
2. Subs. by s. 14, ibid., for "energy managers" (w.e.f. 24-8-2010).
3. Ins. by Act 19 of 2022, s. 18 (w.e.f. 1-1-2023).
2. Subs. by s. 14, ibid., for "energy managers" (w.e.f. 24-8-2010).
3. Ins. by Act 19 of 2022, s. 18 (w.e.f. 1-1-2023).
Section 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 soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.
(2) Every rule made by the State Government shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.
Section 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.
Section 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.
Section 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.
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.