The Energy Conservation Act, 2001

(1) This Act may be called the Energy ConservationAct, 2001. (2) It extends to the whole of India 1*** (3) It shall come into force on such date2as the Central Government may, by notification in theOfficial Gazette, appoint; and different dates may be appointed for different provisions of this Act andany reference in any such provision to the commencement of this Act shall be construed as a reference tothe coming into force of that provision.

In this Act, unless the context otherwise requires,-- (a) accredited energy auditor means 1[an energy auditor accredited in accordance with theprovisions of] clause (p) of sub-section (2) of section 13; (b) Appellate Tribunal means the Appellate Tribunal for Energy Conservation 2[referred to in section 30]; 3[4 [(c) "building"means any structure or erection or part of structure or erection-- (i) constructed after the rules relating to energy conservation and sustainable building codes have been notified by the Central Government under clause (p) of section 14 and by the State Government under clause (a) of section 15; (ii) which has a minimum connected load of 100 Kilowatt (kW) or contract demand of 120 Kilovolt Ampere (kVA); and (iii) which is used or intended to be used for commercial purpose or as an office building or for residential purpose: Provided that the State Government may specify a lower connected load or contract demand than the load or demand specified above;] (d) Bureau means the Bureau of Energy Efficiency established under sub-section (1) ofsection 3; 5 [(da) "carbon credit certificate" means the certificate issued by the Central Government or any agency authorised by it under section 14AA; (db) "carbon credit trading scheme" means the scheme for reduction of carbon emissions notified by the Central Government under clause (w) of section 14;] (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; 6 [ (h) "energy" means any form of energy derived from fossil fuels or non-fossil sources or renewable sources; ] (i) energy audit means the verification, monitoring and analysis of use of energy includingsubmission of technical report containing recommendations for improving energy efficiency withcost benefit analysis and an action plan to reduce energy consumption; 7 [(ia) "energy auditor" means any individual possessing the qualifications prescribed under clause (m) of section 14; ] 8[(j) "energy conservation and sustainable building code" means the code which provides norms and standards for energy efficiency and its conservation, use of renewable energy and other green building requirements for a building;]; (k) energy consumption standards means the norms for process and energy consumptionstandards specified under clause (a) of section 14; (l) Energy Management Centre means the Energy Management Centre set up under theResolution of the Government of India in the erstwhile Ministry of Energy, Department of Power No.7(2)/87- EP(Vol. IV), dated the 5th July, 1989 and registered under the Societies Registration Act,1860 (21 of 1860); (m) energy manager means any individual possessing the qualifications prescribed underclause (m) of section 14; 9[(ma) energy savings certificate means any energy savings certificate issued to the designatedconsumers under sub-section (1) of section 14A; (maa) equipment or appliance means any equipment or appliance which consumes, generates,transmits or supplies energy and includes any device that consumes any form of energy and producesa desired work;] (n) Governing Council means the Governing Council referred to in section 4; (o) member means the member of the Governing Council and includes the Chairperson; (p) notification means a notification in the Gazette of India or, as the case may be, the OfficialGazette of a State; (q) prescribed means prescribed by rules made under this Act; 10 [ (qa) "registered entity" means any entity, including designated consumers, registered for carbon credit trading scheme specified under clause (w) of section 14; ] (r) regulations means regulations made by the Bureau under this Act; (s) Schedule means the Schedule to this Act; (t) State Commission means the State Electricity Regulatory Commission established undersub-section (1) of section 17 of the Electricity Regulatory Commissions Act, 1998 (14 of 1998); 11 [ (ta) "vehicle" shall have the same meaning as assigned to it in clause (28) of section 2 of the Motor Vehicles Act, 1988 (59 of 1988); (tb) "vessel" includes every description of water craft used or capable of being used in inland waters or in coastal waters, including any ship, boat, sailing vessel, tug, barge or other description of vessel including non-displacement craft, amphibious craft, wing-in-ground craft, ferry, roll-on-roll-off vessel, container vessel, tanker vessel, gas carrier or floating unit or dumb vessel used for transportation, storage or accommodation within or through inland waters and coastal waters; ]. (u) words and expressions used and not defined in this Act but defined in the Indian ElectricityAct, 1910 (9 of 1910) or the Electricity (Supply) Act, 1948 (54 of 1948) or the Electricity RegulatoryCommissions Act, 1998 (14 of 1998) shall have the meanings respectively assigned to them in thoseActs.

(1) With effect from suchdate as the Central Government may, by notification, appoint, there shall be established, for the purposesof this Act, a Bureau to be called the Bureau of Energy Efficiency. (2) The Bureau shall be a body corporate by the name aforesaid having perpetual succession and acommon 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.

(1) The general superintendence, direction and management of the affairs of the Bureau shall vest in the Governing Council which shall consist of not less than 1[thirty-one, but not exceeding thirty-seven], members to be appointed by the Central Government.. (2) The Governing Council shall consist of the following members, namely:-- (a) the Minister in charge of the Ministry or Departmentof the Central Government dealing with the Power ex officio Chairperson; (b) the Secretary to the Government of India, in charge ofthe Ministry or Department of the Central Governmentdealing with the Powerex officio member; (c) the Secretary to the Government of India, in charge ofthe Ministry or Department of the Central Governmentdealing with the Petroleum and Natural Gasex officio member; (d) the Secretary to the Government of India, in charge ofthe Ministry or Department of the Central Governmentdealing with the Coalex officio member; (e) the Secretary to the Government of India, in charge ofthe Ministry or Department of the Central Governmentdealing with the Non-conventional Energy Sourcesex officio member; (f) the Secretary to the Government of India, in charge ofthe Ministry or Department of the Central Governmentdealing with the Atomic Energyex officio member; (g) the Secretary to the Government of India, in charge ofthe Ministry or Department of the Central Governmentdealing with the Consumer Affairsex officio member; 2 [ (ga) the Secretary to the Government of India, in charge of the Ministry or Department of the Central Government dealing with the Environment, Forest and Climate Changeex officio member; (gb) the Secretary to the Government of India, in charge of the Ministry or Department of the Central Government dealing with the Housing and Urban Affairsex officio member; (gc) the Secretary to the Government of India, in charge of the Ministry or Department of the Central Government dealing with the Road Transport and Highwaysex officio member; (gd) the Secretary to the Government of India, in charge of the Ministry or Department of the Central Government dealing with the Steelex officio member; (ge) the Secretary to the Government of India, in charge of the Ministry or Department of the Central Government dealing with the Civil Aviationex officio member; (gf) the Secretary to the Government of India, in charge of the Ministry or Department of the Central Government dealing with the Ports, Shipping and Waterwaysex officio member; (gg) Member of the Railway Board (in charge of Energy), Ministry of Railwaysex officio member; ] (h) Chairman of the Central Electricity Authority established under the Electricity (Supply) Act, 1948(54 of 1948)ex officio member; (i) Director-General of the Central Power ResearchInstitute registered under the Karnataka Societies Act,1960 (Karnataka Act 17 of 1960)ex officio member; (j) Executive Director of the Petroleum ConservationResearch Association, a society registered under theSocieties Registration Act, 1860 (XXI of 1860)ex officio member; (k) Chairman-cum-Managing Director of the Central MinePlanning and Design Institute Limited, a companyincorporated under the Companies Act, 1956(1 of 1956)ex officio member; (l) Director-General of the Bureau of Indian Standardsestablished under the Bureau of Indian Standards Act,1986 (63 of 1986)ex officio member; (m) Director-General of the National Test House,Department of Supply, Ministry of Commerce andIndustry, Kolkataex officio member; 3 [(ma) Director-General of the National Productivity Council, Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industryex officio member;[ (n) Managing Director of the Indian Renewable EnergyDevelopment Agency Limited, a companyincorporated under the Companies Act, 1956(1 of 1956)ex officio member; 4[(o) one official each from the energy or power department of the five States from the five power regions, not below the rank of Principal Secretary to the State Government, to be appointed by the Central Governmentmember; ] 5[(p) such number of persons, not exceeding seven, as may be prescribed, to be appointed by the Central Government as members, from amongst persons who, in the opinion of the Central Government, are experts or capable of representing industry, equipment and appliance manufacturers, architects, institutes and consumersmember; ] (q) such number of persons, not exceeding two as may benominated by the Governing Council as membersmember; (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 beexercised or done by the Bureau. (4) Every member referred to in clauses (o), (p) and (q) of sub-section (2) shall hold office for a termof 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) ofsub-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.

(1) The Governing Council shall meet at such times andplaces, and shall observe such rules of procedure in regard to the transaction of business at its meetings(including quorum at such meetings) as may be provided by regulations. (2) The Chairperson or, if for any reason, he is unable to attend a meeting of the Governing Council,any other member chosen by the members present from amongst themselves at the meeting shall presideat the meeting. (3) All questions which come up before any meeting of the Governing Council shall be decided by amajority vote of the members present and voting, and in the event of an equality of votes, the Chairpersonor in his absence, the person presiding, shall have a second or casting vote.