Background information on why 
The Energy Conservation Act’2001 was passed by the Parliament

INTRODUCTION

For quite sometime Central government has been engaging its attention towards promoting efficient us of energy & its conservation. Demands for electricity & fossil fuels have substantially increased due to growing preference for commercial energy. By adopting energy efficiency measures energy consumption can be reduced to a great extent.  Energy efficiency will reduce the need to create new capacity requiring mobilization of huge resources as well as result in substantial environment benefits in terms of reduced green house gas emissions. To promote conservation of energy & to facilitate its efficient use in various sectors of our economy there is need for certain statutory measures. At present the Energy Management Centre is making efforts for efficient use of energy & its conservation. A need  has been  felt to provide  statutory measures to  establish statutory authority by the  name of Bureau of Energy Efficiency & confer  upon the  Central Government, State  Governments & the Bureau certain  powers to  enforce the  said  measures for  efficient use  of  energy & its  conservation. Accordingly the Energy conservation bill was introduced in the Parliament

STATEMENT OF OBJECTS AND REASONS

Promoting efficient use of energy & its conservation has been engaging the attention of the government of India for quite sometime. The increasing preference for commercial energy   has led to considerable spurt in the demand for electricity & fossil fuels.  There is enormous potential for reducing energy consumption by adopting energy efficiency measures in various sectors of our economy. Energy efficiency will  not  only reduce the need  to create new  capacity requiring mobilization of  huge  resources but  will also  result in substantial environmental  benefits in  terms  of   reduced  green house  gas   emissions.  Therefore there  is  need  for  certain statutory  measures which  would promote conservation of  energy & facilitate its efficient   use in various  sectors of  our  economy.

2. At present, the Energy Management Centre being a society registered under the Societies Registration Act, 1860 is making efforts for efficient use of energy and its conservation. A need has been felt to provide for statutory measures to establish statutory authority by the name of Bureau of Energy efficiency (Bureau) and confer upon the Central Government, State Government and the Bureau certain powers to enforce the said measures for efficient use of energy and its conservation.
3. It is proposed to introduce a comprehensive legislation for efficient use of energy and its conservation, inter alia, to provide for the following matters, namely:-

(a) Establish the Bureau by merging existing Energy Management Centre to effectively co-ordinate with designated consumers and agencies for performing such functions and exercise such powers which may be necessary for efficient use of energy and its conservation. Such functions and powers, inter alia, include the functions and power to-
(i) recommend to the Central Government the norms for   processes and energy consumption standards for equipment and appliances;
(ii) Recommend to the Central Government for specifying any user or class of users of energy as a designated consumer having regard to intensity or quantity of energy used by it;
(iii) Recommend to the Central Government the particulars required to be displayed on labels on the equipment or on appliances and manner of their display;
(iv) Take suitable steps to prescribe guidelines for energy conservation building codes;
(v) Take necessary measures to create awareness and disseminate information for efficient use of energy and its conservation;
(vi) Develop testing and certification procedure and promote testing facilities for certification and testing for energy consumption of equipment and appliances;
(vii) Promote innovative financing of energy efficiency projects;
(viii) Specify qualifications for the accredited energy auditors, the manner and interval of time in which the energy audit shall be conducted by such auditors;
(ix) Specify certification procedures for energy managers to be appointed by designated consumers;
(x) prepare educational curriculum on efficient use of energy and its conservation for educational institutions, boards, universities or autonomous bodies and coordinate with them for inclusion of such curriculum in their syllabus;

(b) confer power upon the Central Government, inter alia ,to –

(i)	specify the norms for processes and energy consumption standards for any equipment, appliances which consumes, generates, transmits or supplies energy;
(ii)	specify equipment or appliance or class of equipments or appliances, for the purposes of the proposed legislation;
(iii)	prohibit manufacture or sale or purchase of equipment or appliance which do not conform to the prescribed  energy consumption standards;
(iv)	direct display of such particulars on label on equipment or appliance;
(v)	specify, having regard to the intensity or quantity of energy consumed by any user or class of users of energy as a designated consumer for the purposes of the legislation;
(vi)	prescribe energy conservation building codes for efficient use of energy and its conservation in the building or building complex;
(vii)	direct, any designated consumer to get energy audit conducted by an accredited energy auditor;
(viii)	direct designated consumer to appoint energy manager in  charge of activities for conservation of energy;
(ix)	prescribe minimum qualification for appointment of  energy managers ;
(x)	direct any designated consumer to furnish information with regard to energy consumed and action taken on the recommendation of the accredited energy auditor;
(xi)	direct any designated consumer to prepare a scheme for efficient use of energy and its conservation and implement such scheme as may be prescribed;
(xii)	take steps to encourage preferential treatment for use of energy efficient equipment or appliances;

(c) confer power upon  the State Governments for enforcing the provisions of the proposed legislation which, inter alia ,include the power to –
 (i)	 amend the energy conservation building codes to suit the regional and local climatic conditions;
 (ii) Direct every owner or occupier of a building or building complex being a designated consumer to comply with the energy conservation building codes;
 (iii) Direct, any designated building consumer to get energy audit conducted by an accredited energy auditor;
 (iv)  Designate any agency as designated agency to coordinate, regulate and enforce provisions of the proposed legislation within the State;
 (v) Take necessary measures to create awareness and disseminate information for efficient use of energy and its conservation;

(d) Establish a Fund called the Energy Conservation Fund separately by the Central Government and State Governments;
(e)  Impose penalties in case of contravention of the provisions of the proposed legislation;
(f)  Prescribe the procedure for adjudication of penalties and appeal to the High Court.

4.  The proposed legislation is enabling in nature and the provisions would be effective from a future date after the infrastructure and institutional mechanism are set in place.

5.   The Bill seeks to achieve the above objects.

STATUS OF IMPLEMENTATION OF 
“The Energy Conservation Act, 2001”
AS ON 1st March, 2009
(7 years since BEE was established)

 Realizing the need for statutory measures to encourage efficient utilization of energy, the Government of India had initiated drafting of a law sometime in the year 1999. The draft legislation was introduced as Energy Conservation Bill in the Parliament in the year 2000 and passed as ‘The Energy Conservation Act, 2001 sometime in sept’2001. It received Presidential consent on 29th Sept.’01 and was notified on 1st Oct’2001.The Act was virtually non-effective till 1st March’2002 when section 1 to 29 and 46 to 62 were notified and concurrently Bureau of Energy Efficiency (BEE) was established under Ministry of Power (MoP) to oversee the implementation of the Act. The following pages give the clause-wise status of implementation of the Act. The sections 30 to 45 are still not notified.

MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS
(Legislative Department)
New Delhi, the 1st October, 2001/ Asvina 9, 1923 (Saka)
		
The following Act of Parliament received the assent of the President on the 
29th September,  2001, and is hereby published for general information:--

THE ENERGY CONSERVATION ACT, 2001
No 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	

There are 62 sections in this Act
Section 1 to 29 and 46 to 62 came into force from 1st March,2002.Section 30 to 45 are still not notified.

	1.		(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 dates 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. 

	

Definitions	2.		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 Appellate Tribunal for Energy Conservation established under section 30;		
		(c)	“building” means any structure or erection or part of a structure or erection, after the rules relating to energy conservation building codes have been notified under clause (a) of section 15 of clause (l) of sub-section (2) of section 56, which is having a connected load of 500kW 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 subsection (l) 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 meter 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;	

	
		(m)	“energy manager” means any individual possessing the qualifications prescribed under clause (m) of section 14;		
		(n)	“ Governing Council” means the Governing Council referred to in section 4;		
		(o)	“member” means the member of the Governing Council and includes the Chairperson;		
		(p)	“notification” means a notification in the Gazette of India or, as the case may be, the Official Gazette of a State;		
		(q)	“prescribed” means prescribed by rules made under this Act;		
		(r)	“regulations” means regulations made by the Bureau under this Act;		
		(s)	“schedule” means the Schedule of this Act;		
		(t)	“State Commission” means the State Electricity Regulatory Commission established under sub-section (l) of section 17 of the Electricity Regulatory Commissions Act, 1998;		

9 of  1940
54 of 1948
14 of 1998		(u)	Words and expression used and not defined in this Act but defined in the Indian Electricity Act, 1910 or the Electricity (Supply) Act, 1948 or the Electricity Regulatory Commissions Act, 1998 shall have meanings respectively assigned to them in those Acts.		

		CHAPTER II
Bureau of Energy Efficiency
		
	3.		(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

BEE Established on 1st March, 2002 by merging erstwhile Energy Management Center under Ministry of Power. It has a sanctioned strength of just 19persons all posted in new Delhi. Presently, it is doing most of the work through media agencies, consultants, manufacturers, and international agencies.
		
		(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.

No other office yet. BEE is not interested to open state level offices.
		
	4.		(1)	The general superintendence, direction and management of the affairs of the Bureau shall vest in the Governing Council which shall consists of not less than twenty, but not exceeding twenty-six members to be appointed by the Central Government.

Only 4 meetings of the Governing Council have been held since 2002.All the decisions are taken by the 9 member executive committee (as per RTI reply). Only 4-5 members of the executive committee attend the meetings. 		
		(2)	The Governing Council shall consist of the following members, namely:-		
		(a)	The Minister in charge of the Ministry or Department of the Central Government dealing with the Power	ex officio
Chairperson;		
		(b)	The Secretary to the Government of India, in charge of the Ministry or Department of the Central Government dealing with the Power	ex officio member;		
		(c)	The Secretary to the Government of India, in charge of the Ministry or Department of the Central Government dealing with the Petroleum and Natural Gas	ex officio member;		
		(d)	The Secretary to the Government of India, in charge of the Ministry or Department of the Central Government dealing with the Coal 	ex officio member;		
		(e)	The Secretary to the Government of India, in charge of the Ministry or Department of the Central Government dealing with the Non-conventional Energy Sources 	ex officio member;		
		(f)	The Secretary to the Government of India, in charge of the Ministry or Department of the Central Government dealing with the Atomic Energy	ex officio member;		
		(g)	The Secretary to the Government of India, in charge of the Ministry or Department of the Central Government dealing with the Consumer Affairs	ex officio member;		

54 of 1948		(h)	Chairman of the Central Electricity Authority established under the Electricity (Supply) Act, 1948	ex officio member;		

Karnataka Act 17 of 1960		(i)	Director-General of the Central Power Research Institute registered under the Karnataka Societies Act, 1960	ex officio member;		

XXI of 1860		(j)	Executive Director of the Petroleum Conservation Research Association, a society registered under the Societies Registration Act, 1860	ex officio member;		

1 of 1956
		(k)	Chairman-cum-Managing Director of the Central Mine Planning and Design Institute Limited, a company incorporated under the Companies Act, 1956	ex officio member;		
		(l)	Director-General of the Bureau of Indian Standards established under the Bureau of Indian Standards Act, 1986	ex officio member;	

		(m)	Director-General of the National Test House, Department of Supply, Ministry of Commerce and Industry, Kolkata	ex officio member;		
		(n)	Managing Director of the Indian Renewable Energy Development Agency Limited, a company incorporated under the Companies act, 1956	ex officio member;		
		(o)	One member each from five power regions representing the States of the region to be appointed by the Central Government	members;		
		(p)	such number of persons, not exceeding four as may be prescribed, to be appointed by the Central Government as members from amongst persons who are in the opinion of the Central Government capable of representing industry, equipment and appliance  manufacturers, architects and consumers
Following persons are nominated 

Dr Amit Mitra,Sec.General,FICCI,representing Industry

Mr Sunil Paresh More, IEEMA,representing  equipment manufacturers

Mr Subir Saha,Director General,School of Architecture,New Delhi, representing Architects

Mr Bejon Misra,ED,VOICE, representing Consumers
	members;		
		(q)	such number of persons, not exceeding two as may be nominated by the Governing Council as members
Following persons have been nominated under this category

Shri R.K. Singh
Chairman
Railway Board

Shri Gautam Buddha Mukherjee
Secretary
Ministry of  Urban Development	members;		
		(r)	Director-General of Bureau
	ex officio member – secretary;		
		(3)	The Governing Council may exercise all powers and do all acts and things which may be exercised or done by the Bureau.		
		(4)	Every member referred to in clause (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.		
Meetings of Governing Council	5.		(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 as its meetings (including quorum of such meetings) as may be provided by regulations.  		
Meetings of Governing Council		(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 his absence, the person presiding, shall have second or casting vote.		
Vacancies etc., not to invalidate proceedings of 
Bureau, Governing Council or Committee	6.		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.
		
Removal of member from office	7.		The Central Government shall remove a member referred to in clause (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.		(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.
Nothing is known about the Advisory Committees. BEE is not maintaining transparency in this regard. No information is available on BEE web site www.bee-india.nic.in regarding appointment of advisory committees.
		
		(2)	Each Advisory Committee shall consist of a Chairperson and such other members as may be determined by regulations.
How many such committees are formed  is not known? No regulations to appoint advisory committees have been notified.		
		(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.

Technical committee was set up for implementation of ECBC it comprises of 8    members.		
	9.		(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 standarisation and efficient use of energy and its conservation
The tenure of Director Generals appointed till date are follows :
i)	Mr. Shashishekar, JS MOP & Addl. Charge of DG, BEE-From 1.3.2002 to 6.10.2003.
ii)	Sh. V.S. Verma, Member (Plg.), CEA & Addl. Charge of DG, BEE from 15.12.03 to 11.8.06
iii)	Dr. Ajay Mathur, DG, BEE – full time w.e.f. 11.8.2006 . His term was to expire in 3 years i.e. on 10.08.09.However, fresh interviews were conducted on 17th Nov’08 and he is going to be retained fro next 3 years.
		
		(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
Secretary has been appointed.		
		(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
Till now no DG held office for 3 years. For many months in 2003-04 there was no DG. 		
		(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
Prescribed and notified!		
		(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.		(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.
BEE has sanctioned strength of only 19 employees. 		
		(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.		All orders and decisions of the Bureau shall be authenticated by the signature of the Director-General or any other officer of the Bureau authorised by the Director-General in this behalf.		
CHAPTER III
Transfer of Assets, Liabilities etc, of Energy Management Centre to Bureau
This activity has been completed with the establishment of BEE	
	12.		(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 right 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 for or in connection with the purposes of the said Centre shall be deemed to have been incurred, entered into, or engaged to be done by, with or for, the Bureau;		
		(e)	all sums of money due to the Energy Management Centre immediately before that date shall be deemed to be due to the Bureau;		
		(f)	all suits and other legal proceedings instituted or which could have been instituted by or against the Energy Management Centre immediately before that date may be continued or may be instituted by or against the Bureau; and 		
		(g)	every employee holding any office under the Energy Management Centre immediately before that date shall hold his office in the Bureau by the same tenure and upon the same terms and conditions of service as respects remuneration, leave, provident fund, retirement or other terminal benefits as he would have held such office if the Bureau had not been established and shall continue to do so as an employee of the Bureau or until the expiry of six months from the date if such employee opts not to be the employee of the Bureau within such period.		
		(2)	Not withstanding anything contained in the Industrial Disputes Act, 1947 or in any other law for the time being in force, the absorption of any employees by the Bureau in its regular service under this section shall not entitle such employees to any compensation under that Act or other law and no such claim shall be entertained by any court, tribunal or other authority.		

		CHAPTER IV
Powers and Functions of Bureau
		
Powers and functions of Bureau	13.		(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
Only survey works and routine demonstration projects are being carried out through Designated Agencies. The information sought through these surveys could have been legitimately obtained by BEE if the Act was implemented in letter and spirit.		
		(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 ;
No norms have been notified yet.		
		(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;
Activity started for 8-10 appliances but has many flaws. The claims of the manufacturers are not verified and Star ratings have been given based on the data furnished by the manufacturers. Consumers are not able to check the consumption figures.		
		(c)	recommend to the Central Government for notifying any user or class of users of energy as a designated consumer under clause (e) of section 14;
8 + (1 partly)  DCs have been  notified out of  15 DCs included in the EC Act. Of the 9 DCs notified, 1 is incomplete. Pl. see Table below. (Underlined sectors notified) The 
THE SCHEDULE

[See section 2 (s)]

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

1.	Aluminium; Stations ( using energy equivalent to 7,500 metric tonnes of oil equivalent per year and above)
2.	Fertilizers; Stations ( using energy equivalent to 30,000 metric tonnes of oil equivalent per year and above)
3.	Iron and Steel; Stations ( using energy equivalent to 30,000 metric tonnes of oil equivalent per year and above)
4.	Cement; Stations ( using energy equivalent to 30,000 metric tonnes of oil equivalent per year and above)
5.	Pulp and paper; Stations ( using energy equivalent to 30,000 metric tonnes of oil equivalent per year and above)
6.	Chlor Akali; Stations ( using energy equivalent to 12,000 metric tonnes of oil equivalent per year and above)
7.	Sugar;
8.	Textile; Stations ( using energy equivalent to 3,000 metric tones of oil equivalent per year and above)
9.	Chemicals;
10.	Railways;
11.	Port Trust;
12.	Transport Sector (industries and services);
13.	Petrochemicals, Gas Crackers, Naphtha Crackers and Petroleum Refineries;
14.	Thermal Power Stations ( using energy equivalent to 30,000 metric tones of oil equivalent per year and above) , hydel power stations, electricity transmission companies and distribution companies;
15.	Commercial buildings or establishments;
		
		(d)	take suitable steps to prescribe guidelines for energy conservation building codes under clause (p) of section 14;
ECBC brought out by BEE is inadequate and has many flaws. It was launched on 27th May’07 at a 5 star hotel in New Delhi.  It is really a serious matter that BEE has taken the nation for a ride by bringing out such a useless code. A properly drafted ECBC could have helped the country save enormous amount of energy in existing and future buildings.But due to lack of committmet on the part of BEE, a historical opportunity has been missed.
		
		(e)	take all measures necessary to create awareness and disseminate information for efficient use of energy and its conservation;
Huge funds are spent through media publicity but no scientific procedure is followed to verify the effectiveness of such publicity.The National Campaign on Energy Conservation is only concentrating on Painting competitions for Children of Class IV and V.		
		(f)	arrange and organize training of personnel and specialists in the techniques for efficient use of energy and its conservation;
BEE is organizing life Long Learning programs with the help of GTZ on chargeable basis		
		(g)	strengthen consultancy services in the field of energy conservation;
No step has been taken to strengthen Consultancy Services.		
		(h)	promote research and development in the field of energy conservation;
No action taken yet		
		(i)	develop testing and certification procedure and promote testing facilities for certification and testing for energy consumption of equipment and appliances;
Testing Laboratory at CPRI, Bangalore for Refrigerators and Air-conditioners has been established but what it has done till date is not known.		
		(j)	formulate and facilitate implementation of pilot projects and demonstration projects for promotion of efficient use of energy and its conservation;
in the name of demonstration projects, well proven technologies are being taken up with the help of ESCOs and SDAs. Thus,the very concept of Pilot and demonstration projects is diluted.		
		(k)	promote use of energy efficient processes, equipment, devices and systems;
No action yet.		
		(l)	promote innovative financing of energy efficiency projects;
MOU signed with Power Finance Corporation in July 2008. But what is the innovative financing mechanism is not known.		
		(m)	give financial assistance to institutions for promoting efficient use of energy and its conservation;
No action initiated yet		
		(n)	levy fee, as may be determined by regulations, for services provided for promoting efficient use of energy and its conservation;
For S & L programme 		
		(o)	maintain a list of accredited energy auditors as may be specified by regulations;
The temporary accreditation given to energy audit firms was for three years which has already lapsed and as on date no energy firm has been accredited by BEE (As per the RTI reply).		
		(p)	specify, by regulations, qualifications for the accredited energy auditors;
Without any regulations in place, BEE conducted 7 National levels Certification Examinations for certification of energy managers and auditors. Many aspiring Engineers were fooled by BEE/NPC into believing that the certification will allow them to practice as Accredited Energy Auditors. Later BEE came out with so many pre-conditions that most of the certified energy auditors couldn’t meet and are simply made redundant.		
		(q)	specify, by regulations, the manner and intervals of time in which the energy audit shall be conducted ;
Draft regulations prepared but not notified yet		
		(r)	specify, by regulations, certification procedures for energy managers to be designated or appointed by designated consumers;
Notified		
		(s)	prepare educational curriculum on efficient use of energy and its conservation for educational institutions, boards, universities or autonomous bodies and coordinate with them for inclusion of such curriculum in their syllabus;
Nothing known. Only school level painting competitions are being organised		
		(t)	implement international co-operation programmes relating to efficient use of energy and its conservation as may be assigned to it by the Central Government;
Indo-German Energy Programme, Agreement with France, USAID etc are under implementation. Since 2007, 3 delegations of officials from BEE and State Designated Agencies have visited Japan for  study tour. How it has benefited the country is not known. BEE has not put any information about this in its Web Site. Most of these officials have nothing to do with the implementation of the EC Act,2001 and are ,in fact involved in promotion of renewable energy schemes under MNRE.		
		(u)	Perform such other functions as may be prescribed.		

		CHAPTER V
Power of Central Government to Facilitate and Enforce Efficient use of Energy and its Conservation

ThE Central Govt. has not BEEN ABLE to used its powers SINCE BEE has NOT BEEN ABLE TO PERFORM FOR WHATEVER REASONS
		
	14.		The Central Government may, by notification, in consultation with the Bureau, — 	Power of Central Government to enforce efficient use of energy and its conservation	
		(a)	specify the norms for processes and energy consumption standards for any equipment, appliances 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 appliances conforms to energy consumption standards;		
		          Provided that no notification prohibiting manufacture or sale or purchase or import or equipment or appliance shall be issued within two years from the date of notification issued under clause (a) of this section;		
		(d)	direct display of such particulars on label on equipment or on appliance specified under clause (b) and in such manner as may be specified by regulations;		
		(e)	specify, having regarding to the intensity or quantity of energy consumed and the amount of investment required for switching over to energy efficient equipments and capacity or industry to invest in it and availability of the energy efficient machinery and equipment required by the industry, any user or class of users of energy as a designated consumer for the purposes of this Act;		
		(f)	alter the list of Energy Intensive Industries specified in the Schedule;		
		(g)	establish and prescribe such energy consumption norms and standards for designated consumers as it may consider necessary:
            Provided that the Central Government may prescribe different norms and standards                 for different designated consumers having regard to such factors as may be prescribed;		
		(h)	direct, having regard to quantity of energy consumed or the norms and standards of energy consumption specified under clause (a) the energy intensive industries specified in the Schedule to get energy audit conducted by an accredited energy auditor in such manner and intervals of time as may be specified by regulations;		

	(i)	direct, if considered necessary for efficient use of energy and its conservation, any designated consumer to get energy audit conducted by an accredited energy auditor;		
		(j)	specify the matters to be included for the purposes of inspection under sub-section (2) of section 17;		
		(k)	direct any designated consumer to furnish to the designated agency, in such form and manner and within such period, as may be prescribed, the information with regard to the energy consumed and action taken on the recommendation of the accredited energy auditor;		
		(l)	direct any designated consumer to designate or appoint energy manger in charge of activities for efficient use of energy and its conservation and submit a report, in the form and manner as may be prescribed, on the status of energy consumption at the end of the every financial year to designated agency;		
		(m)	prescribe minimum qualification for energy managers to be designated or appointed under clause (l);		
		(n)	direct every designated consumer to comply with energy consumption norms and standards;		
		(o)	direct any designated consumer, who does not fulfil the energy consumption norms and standards prescribed under clause (g), to prepare a scheme for efficient use of energy and its conservation and implement such scheme keeping in view of the economic viability of the investment in such form and manner as may be prescribed;		
		(p)	prescribe energy conservation building codes for efficient use of energy and its conservation in the building or building complex;		
		(q)	amend the energy conservation building codes to suit the regional and local climatic conditions; 		
		(r)	direct every owner or occupier of the building or building complex, being a designated consumer to comply with the provisions of energy conservation building codes for efficient use of energy and its conservation;		
		(s)	direct, any designated consumer referred to in clause (r), if considered necessary, for efficient use of energy and its conservation in his building to get energy audit conducted in respect of such building by an accredited energy auditor in such manner and intervals of time as may be specified by regulations;		
		(t)	take all measures necessary to create awareness and disseminate information for efficient use of energy and its conservation;		
		(u)	arrange and organise training of personnel and specialists in the techniques for efficient use of energy and its conservation;		
		(v)	Take steps to encourage preferential treatment for use of energy efficient equipment or appliances:
        Provided that the powers under clauses (p) and (s) shall be exercised in consultation with the concerned State. 		

		CHAPTER VI
Power of State Government to Facilitate and Enforce Efficient use of Energy and its Conservation

no state government has shown Seriousness  to use its powers under the act		
Power of State Government to enforce certain provisions for efficient use of energy and its conservation	15.		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;		
		(d)	designate any agency as designated agency to coordinate, regulate and enforce provisions of this Act within the State;		
		(e)	take all measures necessary to create awareness and disseminate information for efficient use of energy and its conservation;		
		(f)	arrange and organise training of personnel and specialists in the techniques for efficient use of energy and its conservation;		
		(g)	take steps to encourage preferential treatment for use of energy efficient equipment or appliances;		
		(h)	direct, any designated consumer to furnish to the designated agency, in such form and manner and within such period as may be specified by rules made by it, information with regard to the energy consumed by such consumer;		
		(i)	specify the matters to be included for the purposes of inspection under sub-section (2) of section 17;
		
	16.		(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.
No State Government has set-up Energy Conservation Fund 		
		(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 organization 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 (l) 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.
		
	17.		(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 standard specified under clause (a) of section 14 or ensure display of particulars on label on equipment or appliances specified under clause (b) of section 14 or for the purpose of performing such other functions as may be assigned to them.
No inspecting officers have been appointed by any Designated Agency.		
		(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 designated consumer at which the energy is used for any activity and may require any proprietor, employee, director, manager or secretary or any other person who may be attending in any manner to or helping in, carrying on any activity with the help of energy - 		
		(i)	to afford him necessary facility to inspect - 		
		(A)	any equipment or appliance as he may require and which may be available at such place;		

		(B)	any production process to ascertain the energy consumption norms and standards; 		
		(ii)	to make an inventory of stock of any equipment or appliance checked or verified by him; 		
		(iii)	to record the statement of any person which may be useful for, or relevant to, for efficient use of energy and its conservation under this Act.		
		(3)	An inspecting officer may enter any place of designated consumer - 		
		(a)	where any activity with the help of energy is carried on; and 		
		(b)	where any equipment or appliance notified under clause (b) of section 14 has been kept,		
		During the hours at which such places is open for production or conduct of business connected therewith.		
		(4)	An inspecting officer acting under this section shall, on no account, remove or cause to be removed from the place wherein he has entered, any equipment or appliance or books of accounts or other documents.
		
Power of Central Government or State Government to issue directions	18.		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.		

		CHAPTER VII
Finance, Account s and Audit of Bureau
		
Grants and loans by Central Government	19.		The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Bureau or to the State Government grants and loans of such sums or money as the Central Government may consider necessary. 		
Establishment of Fund by Central Government	20.		(1)	There shall be constituted a Fund to be called as the Central Energy Conservation Fund and there shall be credited thereto – 

Central Government has not yet constituted any fund for Energy Conservation		
		(a)	any grants and loans made to the Bureau by the Central Government under section 19;		
		(b)	all fees received by the Bureau under this Act;		
		(c)	all sums received by the Bureau from such other sources as may be decided upon by the Central Government.		
		(2)	The Fund shall be applied for meeting - 		
		(a)	the salary, allowances and other remuneration of Director-General, Secretary officers and other employees of the Bureau, 		
		(b)	expenses of the Bureau in the discharge of its functions under section 13;		
		(c)	fee and allowances to be paid to the members of the Governing Council under sub-section (5) or section 4; 		
		(d)	expenses on objects and for purposes authorised by this Act
		
Borrowing powers of Bureau	21.		(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 principle and the payment of interest thereon with respect to the loans borrowed by the Bureau under sub-section (l).
		
	22.		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.
		
	23.		The Bureau shall prepare, in such form and at such time in each financial year as may be prescribed, its annual report, giving full account of its activities during the previous financial year, and submit a copy thereof to the Central Government.
		
	24.		The Central Government shall cause the annual report referred to in section 23 to be laid, as soon as may be after it is received, before each House of Parliament.
		
	25.		(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 accounts and in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Bureau.		
		(4)	The accounts of the Bureau as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall forward annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament.		

		CHAPTER VIII
Penalties and Adjudication
		
	26.		(1)	If any person fails to comply with the provision of clause (c) or the 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 failures and, in the case of continuing failures, with an additional penalty which may extend to one thousand rupees for every day during which such failures continues:		
		       Provided that no person shall be liable to pay penalty within five years from the date of commencement of this Act.
Five year period is over on 1st March, 2007 but this clause can not be enforced since no adjudicating officers have been appointed and no action has been taken to set up an appellate Tribunal for Energy Conservation.		
		(2)	Any amount payable under this section, if not paid, may be recovered as if it were an arrear of land revenue.
		
	27.		(1)	For the purpose of adjudging 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.
Most of the State Commissions are not even aware of their role under this clause. 
(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 of 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 with the provisions of any of those clauses of that section:	Power to adjudicate	
		
    Provided that where a State Commission has not been established in a State, the Government of that State shall appoint any of its officer not below the rank equivalent to a Secretary dealing with legal affairs in that State to be an adjudicating officer for the purposes of this section and such officer shall cease to be an adjudicating officer immediately on the appointment of an adjudicating officer by the State Commission on its establishment in that State:
Provided further that where an adjudicating officer appointed by a State Government ceased to be an adjudicating officer, he shall transfer to the adjudicating officer appointed by the State Commission all matters being adjudicated by him and thereafter the adjudicating officer appointed by the State Commission shall adjudicate the penalties on such matters. 
		
Factors to be taken into account by adjudicating officer	28.		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.
		
Civil court not to have jurisdiction	29.		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. 		

		CHAPTER IX
Appellate Tribunal for Energy Conservation
NO ACTION HAS BEEN TAKEN TO SET UP THE APPELLATE TRIBUNAL.THIS IS VERY SERIOUS MATTER SINCE WITHOUT TRIBUNAL IN PLACE,SECTION 17 (INSPECTION)AND 26(PENALTY) CAN NOT BE ENFORCED EVEN AFTER EXPIRY OF 5 YEARS PERIOD		
Establishment of Appellate Tribunal	30.		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.
		
Appeal to Appellate Tribunal 	31.		(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 forty-five days from the date on which a copy of the order made by the adjudicating officer or the Central Government or the State Government or any other authority is received by the aggrieved person and it shall be in such form, verified in such manner and be accompanies by such fee as may be prescribed:

     Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for not filing it within that period.		
		(3)	On receipt of an appeal under sub-section (1), the Appellate Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against		
		(4)	The Appellate Tribunal shall send a copy of every order made by it to the parties to the appeal and to the concerned adjudicating officer or the Central Government or the State Government or any other authority.		
		(5)	The appeal filed before the Appellate Tribunal under sub-section (l) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within one hundred and eighty days from the date of receipt of the appeal:
     Provided that where an appeal could not be disposed of within the said period of one hundred and eighty days, the Appellate Tribunal shall record its reasons in writing for not disposing of the appeal within the said period.		
		(6)	The Appellate Tribunal may, for the purpose of examining the legality, propriety or correctness of any order made by the adjudicating officer or the Central Government or the State Government or any other authority under this Act, as the case may be in relation to any proceeding, on its own motion or otherwise, call for the records of such proceedings and make such order in the case as it thinks fit. 
		
	32.		(1)	The Appellate Tribunal shall consist of a Chairperson and such number of Members not exceeding four, as the Central Government may deem fit. 	Composition of Appellate Tribunal 	
		(2)	Subject to the provisions of this Act, - 		
		(a)	the jurisdiction of the Appellate Tribunal maybe exercised by Benches thereof;		
		(b)	a Bench may be constituted by the Chairperson of the Appellate Tribunal with two or more Members of the Appellate Tribunal as the Chairperson of the Appellate Tribunal may deem fit:
      Provided that every Bench constituted under this clause shall include at least one Judicial Member and one Technical Member;		
		(c)	The Benches of the Appellate Tribunal shall ordinarily sit at Delhi and such other places as the Central Government may, in consultation with the Chairperson of the Appellate Tribunal, notify;		
		(d)	The Central Government shall notify the areas in relation to which each Bench of the Appellate Tribunal may exercise jurisdiction,		
		(3)	Notwithstanding anything contained in sub-section (2), the Chairperson of the Appellate Tribunal may transfer a Member of the Appellate Tribunal from one Bench to another Bench
Explanation – For the purposes of this Chapter, – 		
		(i)	“Judicial Member” means a Member of the Appellate Tribunal appointed as such under item (i) or item (ii) or clause (b) of sub-section (1) of section 33, and includes the Chairperson of the Appellate Tribunal;		
		(ii)	“Technical Member” means a Member of the Appellate Tribunal appointed as such under item (iii) or item (iv) or item (v) or item (vi) of clause (b) of sub-section (l) of section 33
		
	33.		(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 - 	Qualifications for appointment of Chairperson and Members of Appellate Tribunal 	
		(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 Ministry or Department or the Central Government dealing with the Power, or Coal, or Petroleum and Natural Gas, or Atomic Energy; or 		
		(iv)	is, or has been Chairman of the Central Electricity Authority for at least one year; or 		
		(v)	is, or has been, Director-General of Bureau or Director-General of the Central Power Research Institute or Bureau of Indian Standards for at least three years or has held any equivalent post for at least three years; or 		
		(vi)	is, or has been, a qualified technical person of ability and standing having adequate knowledge and experience in dealing with the matters relating to energy production and supply, energy management, standardisation and efficient use of energy and its conservation, and has shown capacity in dealing with problems relating to engineering, finance, commerce, economics, law or management
		
Term of office	34.		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.
		
Terms and conditions of service	35.		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.
		
Vacancies	36.		If for reason other than temporary absence any vacancy occurs in the office of the Chairperson of the Appellate Tribunal or the 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.
		
Registration and removal	37.		(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 term of office, whichever is the earliest.		
		(2)	The Chairperson of the Appellate Tribunal or a 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 persons as the President may appoint for this purpose in which the Chairperson or a Member of the Appellate Tribunal concerned has been informed of the charges against him and given a reasonable opportunity of being heard in respect of such charges. 

	38.		(1)	In the event of the occurrence of 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.	Member to act as Chairperson in certain circumstances	
		(2)	When the Chairperson of the Appellate Tribunal is unable to discharge his functions owing to his 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.
		
	39.		(1)	The Central Government shall provide the Appellate Tribunal with such officers and employees as it may deem fit.	Staff of Appellate Tribunal	
		(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.

5 of 1908	40.		(1)	The Appellate Tribunal shall not be bound by the procedure laid down by the Code of civil Procedure, 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 it own procedure.	Procedure and powers of Appellate Tribunal	

5 of 1908		(2)	The Appellate Tribunal shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in the civil court under the Code of Civil Procedure 1908, while trying to 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 of affidavits;		

1 of 1872		(d)	subject to the provisions of section 123 and 124 of the Indian Evidence Act, 1872, requisitioning any public record or document or copy of such record or document from any office		
		(e)	issuing commissions for the examination of witnesses or documents;		
		(f)	reviewing its decisions;		
		(g)	dismissing a representation of default or deciding it, ex parte;		
		(h)	setting aside any order of dismissal or any representation for default or any order passed by it, ex parte;		
		(i)	any other matter which may be prescribed by the Central Government.		
		(3)	An order made by the Appellate Tribunal under this Act shall be executable by the Appellate Tribunal as a decree of civil court and, for this purpose, the Appellate Tribunal shall have all the powers of a civil court.		
		(4)	Not withstanding anything contained in sub-section (3), the Appellate Tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by the that court.		

45 of 1860

2 of 1974		(5)	All proceedings before the Appellate Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code and the Appellate Tribunal shall be deemed to be civil court for the purposes of section 345 and 346 of the Code of Criminal Procedure, 1973.

Distribution of business amongst Benches.		41.		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.
		
Power of Chairperson to transfer cases		42.		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. 
		
Decision to be by majority		43.		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.
		
Right to appellant to take assistance of legal practitioner or accredited auditor and of Government to appoint presenting officers
		44.		(1)	A person preferring an appeal to the Appellate Tribunal under this Act may either appear in person or take assistance 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. 		
Appeal to Supreme Court		45.		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 ground specified in section 100 of the Code of Civil Procedure, 1908:

      Provided that the Supreme Court may, if it is satisfied that the appellant was prevented by the sufficient cause from the filing the appeal within the said period, allow it to be filed within a further period of not exceeding sixty days. 

5 of 1908	

		CHAPTER X
Miscellaneous
		
Power of Central Government to issue directions to Bureau
	46.		(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 his 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. 		
Power of Central Government to supersede Bureau	47.		(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 period, not exceeding six months, as may be specified in the notification.		
		(2)	Upon the publication of a notification under sub-section (1) superseding the Bureau -  		
		(a)	all the members referred to in clauses (o), (p) and (q) of sub-section (2) of section 4 shall, as from the date of supersession, vacate their offices as such;		
		(b)	all the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the Bureau, shall until the Bureau is reconstituted under sub-section (3), be exercised and discharged by such person or persons as the Central Government may direct; and 		
		(c)	All property owned or controlled by the Bureau shall, until the Bureau is reconstituted under sub-section (3), vest in the Central Government. 		
		(3)	On the expiration of the period of supersession specified in the notification issued under sub-section (1), the Central Government may reconstitute the Bureau by a fresh appointment and in such case any person or persons who vacated their offices under clause (a)  of sub-section (2), shall not be deemed disqualified for appointment:

      Provided that the Central Government may, at any time, before the expiration of the period of supersession, take action under this sub-section		
		(d)	The Central Government shall cause a notification issued under sub-section (1) and full report of any action taken under this section and the circumstances leading to such action to be laid before each House of Parliament at the earliest.		
	48.		(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 of the aforesaid provision.	Default by companies	
		(2)	Notwithstanding anything contained in sub-section (l), where any contravention of the provisions of clause (c) or clause (d) or clause (h) or clause (i) or clause (k) or clause (l) or clause (n) or clause (r) or clause (s) of section 14 or clause (b) or clause (c) or clause (h)  of section 15 has been committed with the consent or connivance of, or in attributable to, any neglect on the part of , any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to have contravened the said provisions and shall be liable to be proceeded for imposition of penalty accordingly. 
Explanation – For the purposes of this section, “company” means a body corporate and includes a firm or other association of individuals. 
		
43 of 1961 	49.		Notwithstanding anything contained in the Income-tax Act, 1961 or any other enactment for the time being in force relating to tax on income, profits or gains - 	Exemption from tax on income	
		(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.
		
Protection of action taken in good faith	50.		No suit, prosecution or other legal proceedings 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. 
		
Delegation	51.		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
		
Power to obtain information	52.		Every designated consumer or manufacturer of equipment or appliances 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. 
		
Power to exempt	53.		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 the period exceeding five years:
      Provided further that the Central Government or State Government, as the case may be shall consult the Bureau of Energy Efficiency before granting such exemption.
		
Chairperson, Members, officers and employees of the Appellate Tribunal, Members of State Commission, Director-General, Secretary, members, officers and employees to be public servants.
	54.		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 the Act, to be public servants within the meaning of section 21 of the Indian Penal Code.	

45 0f 1860	
Power of Central Government to issue directions.	55.		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
		
Power of Central Government to make rules.	56.		(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:-		
		Only 6 rules marked in red are in place (As per RTI reply)		
		(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 officer 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) or section 13;		
		(f)	the energy consumption norms and standards for designated consumers under clause (g)  of section 14;		
		(g)	prescribing the different norms and standards for different designated consumers under the proviso to clause (g) of section 14;		
		(h)	the form and manner and the time within which information with regard to energy consumed and the action taken on the recommendations of the accredited energy auditor be furnished under clause (k) of section 14;		
		(i)	the form and manner in which the status of energy consumption be submitted under clause (l) of section 14;		
		(j)	the minimum qualification for energy managers under clause (m) of section 14;		
		(k)	the form and manner for preparation of scheme and its implementation under clause (o) of section 14;		
		(l)	the energy conservation building codes under clause (p) of section 14;		
		(m)	the matters relating to inspection under sub-section (2) of section 17;		
		(n)	the form in which, and the time at which, the Bureau shall prepare its budget under section 22;		
		(o)	the form in which, and the time at which, the Bureau shall prepare its annual report under section 23;		
		(p)	the form in which the accounts of the Bureau shall be maintained under section 25;		
		(q)	the manner of holding inquiry under sub-section (l) of section 27;		
		(r)	the form of and fee for filing such appeal under sub-section (2) of section 31;		
		(s)	the salary and allowances payable to and other terms and conditions of service of the Chairperson of the Appellate Tribunal and Member of the Appellate Tribunal under section 35;		
		(t)	the salary and allowances and other conditions of service of the officers and other employees of the Appellate Tribunal under sub-section (3) of section 39;		
		(u)	the additional matters in respect of which the Appellate Tribunal may exercise the powers of a civil court under clause (i)  of sub-section (2) of section 40;		
		(v)	any other matters which is to be, or may be, prescribed, or in respect of which provision is to be made, or may be made by rules. 
		
	57.		(1)	The State Government may, by notification, makes rules for carrying out the provisions of this Act and not inconsistent with the rules, if any, made by the Central Government.	Power of State Government to make 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: - 
NO rules by any state government have been notified 		
		(a)	energy conservation building codes under clause (a) of section 15;
 No State government can act on this because the basic document brought out by BEE is useless document.		
		(b)	the form, the manner and the period within which information with regard to energy consumption shall be furnished under clause (h) of section 15;		
		(c)	the person or any authority who shall administer  the Fund and the manner in which the Fund shall be administered under sub-section (4)  of section 16;		
		(d)	the matters to be included for the purposes of inspection under sub-section (2) of section 17		
		(e)	any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, or may be made, by rules. 
		
Power of Bureau to make regulations	58.		(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.
Only one (marked in red) regulation is in place (As per RTI reply)		
		(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 maybe exercised and discharged by the Director-General of the Bureau under sub-section (6) of section 9;		
		(d)	the levy of fee for services provided for promoting efficient use of energy and its conservation under clause (n) of sub-section (2) of section 13;		
		(e)	the list of accredited energy auditors  under clause (o) of sub-section (2) of section 13;		
		(f)	the qualifications for accredited energy auditors under clause (p)  of sub-section (2) of section 13;		
		(g)	the manner and the intervals or time in which the energy audit shall be conducted under clause (q) of sub-section (2) of section 13;		
		(h)	certification procedure for energy managers under clause (r) of sub-section (2) of section (13);		
		(i)	particulars required to be displayed on label and the manner of their display under clause (d) of section 14;		
		(j)	the manner and the intervals of time for conduct of energy audit under clause (h) or clause (s) of section 14;		
		(k)	the manner and the intervals of time for conducting energy audit by an accredited energy auditor under clause (c) of section 15;		
		(l)	any other matter which is required to be, or may be, specified.
		
Rules and regulations to be laid before Parliament and State Legislature	59.		(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 session, 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.
		
Application of other laws not barred.	60.		The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force. 

	61.		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 undertakings or Boards or institutions under the control of such Ministries or Departments as may be notified by the Central Government.
	Provisions of Act not to apply in certain cases	
	62.		(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 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.
	Power to remove difficulty.	

THE SCHEDULE

[See section 2 (s)]

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

1.	Aluminium;
2.	Fertilizers;
3.	Iron and Steel;
4.	Cement;
5.	Pulp and paper;
6.	Chlor Akali;
7.	Sugar;
8.	Textile;
9.	Chemicals;
10.	Railways;
11.	Port Trust;
12.	Transport Sector (industries and services);
13.	Petrochemicals, Gas Crackers, Naphtha Crackers and Petroleum Refineries;
14.	Thermal Power Stations, hydel power stations, electricity transmission companies 
                           and distribution companies;
15.	Commercial buildings or establishments;

SUBHASH C.JAIN,
Secy. to the Govt. of India.

MGIP(PLU)MRND—2995GI—19-10-2001