Sections Particulars
Chapter I Preliminary
1 Short title, extent and commencement
1.     This Act may be called the Energy Conservation Act, 2001. 2.     It extends to the whole of India except the State of Jammu and Kashmir. 3.     It ...
2 Definitions
In this Act, unless the context otherwise requires,- a.     "accredited energy auditor" means an auditor possessing qualifications specified under clause (p...
Chapter II Bureau of Energy Efficiency
3 Establishment and incorporation of Bureau of Energy Efficiency
1.     With effect from such date as the Central Government may, by notification, appoint, there shall be established, for the purposes of this Act, a Bureau...
4 Management of Bureau
1.     The general superintendence, direction and management of the affairs of the Bureau shall vest in the Governing Council which shall consist of not less...
5 Meetings of Governing Council
1.     The Governing Council shall meet at such times and places, and shall observe such rules of procedure in regard to the transaction of business at its m...
6 Vacancies, etc., not to invalidate proceedings of Bureau, Governing Council or Committee
No act or proceeding of the Bureau or the Governing Council or any Committee shall be invalid merely by reason of- a.     any vacancy in, or any defect in t...
7 Removal of member from office
The Central Government shall remove a member referred to in clauses (o), (p) and (q) of sub-section (2) of section 4 from office if he- a.     is, or at any...
8 Constitution of Advisory Committees and other committees
1.     Subject to any regulations made in this behalf, the Bureau shall, within six months from the date of commencement of this Act, constitute Advisory Com...
9 Director-General of Bureau
1.     The Central Government shall, by notification, appoint a Director-General from amongst persons of ability and standing, having adequate knowledge and ...
10 Officers and employees of Bureau
1.     The Central Government may appoint such other officers and employees in the Bureau as it considers necessary for the efficient discharge of its functi...
11 Authentication of orders and decisions of Bureau
All orders and decisions of the Bureau shall be authenticated by the signature of the Director-General or any other officer of the Bureau authorised by the D...
Chapter III Transfer of Assets, Liabilities, Etc., of Energy Management Centre to Bureau
12 Transfer of assets, liabilities and employees of Energy Management Centre
1.     On and from the date of establishment of the Bureau- a.     any reference to the Energy Management Centre in any law other than this Act or in any con...
Chapter IV Powers and Functions of Bureau
13 Powers and functions of Bureau
1.     The Bureau shall, effectively co-ordinate with designated consumers, designated agencies and other agencies, recognised and utilise the existing resou...
Chapter V Power of Central Government to Facilitate and Enforce Efficient Use of Energy and Its Conservation
14 Power of Central Government to enforce efficient use of energy and its conservation
The Central Government may, by notification, in consultation with the Bureau,- a.     specify the norms for processes and energy consumption standards for an...
Chapter VI Power of State Government to Facilitate and Enforce Efficient Use of Energy and Its Conservation
15 Power of State Government to enforce certain provisions for efficient use of energy and its conservation
The State Government may, by notification, in consultation with the Bureau- a.     amend the energy conservation building codes to suit the regional and loca...
16 Establishment of Fund by State Government
1.     The State Government shall constitute a Fund to be called the State Energy Conservation Fund for the purposes of promotion of efficient use of energy ...
17 Power of inspection
1.     The designated agency may appoint, after the expiry of five years from the date of commencement of this Act, as many inspecting officers as may be nec...
18 Power of Central Government or State Government to issue directions
The Central Government or the State Government may, in the exercise of its powers and performance of its functions under this Act and for efficient use of ene...
Chapter VII Finance, Accounts and Audit of Bureau
19 Grants and loans by Central Government
The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Bureau or to the State Governments grants and loans ...
20 Establishment of Fund by Central Government
1.     There shall be constituted a Fund to be called as the Central Energy Conservation Fund and there shall be credited thereto- a.     any grants and loan...
21 Borrowing powers of Bureau
1.     The Bureau may, with the consent of the Central Government or in accordance with the terms of any general or special authority given to it by the Cent...
22 Budget
The Bureau shall prepare, in such form and at such time in each financial year as may be prescribed, its budget for the next financial year, showing the estim...
23 Annual report
The Bureau shall prepare, in such form and at such time in each financial year as may be prescribed, its annual report, giving a full account of its activitie...
24 Annual report to be laid before Parliament
The Central Government shall cause the annual report referred to in section 23 to be laid, as soon as may be after it is received, before each House of Parlia...
25 Accounts and audit
1.     The Bureau shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by ...
Chapter VIII Penalties and Adjudication
26 Penalty
1.     If any person fails to comply with the provisions of clause (c) or clause (d) or clause (h) or clause (i) or clause (k) or clause (l) or clause (n) or...
27 Power to adjudicate
1.     For the purpose of adjudging under section 26, the State Commission shall appoint any of its members to be an adjudicating officer for holding an inqu...
28 Factors to be taken into account by adjudicating officer
While adjudicating the quantum of penalty under section 26, the adjudicating officer shall have due regard to the following factors, namely:- a.     the amo...
29 Procedure and powers of Special Courts
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 ...
Chapter IX Appellate Tribunal for Energy Conservation
30 Establishment of Appellate Tribunal
The Central Government shall, by notification, establish an Appellate Tribunal to be known as the Appellate Tribunal for Energy Conservation to hear appeals a...
31 Appeal to Appellate Tribunal
1.     Any person aggrieved, by an order made by an adjudicating officer or the Central Government or the State Government or any other authority under this ...
32 Composition of Appellate Tribunal
1.     The Appellate Tribunal shall consist of a Chairperson and such number of Members not exceeding four, as the Central Government may deem fit. 2.     S...
33 Qualifications for appointment of Chairperson and Members of Appellate Tribunal
1.     A person shall not be qualified for appointment as the Chairperson of the Appellate Tribunal or a Member of the Appellate Tribunal unless he,- a.     ...
34 Term of office
The Chairperson of the Appellate Tribunal and every Member of the Appellate Tribunal shall hold office as such for a term of five years from the date on which...
35 Terms and conditions of service
The salary and allowances payable to and the other terms and conditions of service of the Chairperson of the Appellate Tribunal and Members of the Appellate T...
36 Vacancies
If for reason, other than temporary absence, any vacancy occurs in the office of the Chairperson of the Appellate Tribunal or a Member of the Appellate Tribun...
37 Resignation and removal
1.     The Chairperson or a Member of the Appellate Tribunal may, by notice in writing under his hand addressed to the Central Government, resign his office:...
38 Member to act as Chairperson in certain circumstances
1.     In the event of the occurrence of any vacancy in the office of the Chairperson of the Appellate Tribunal by reason of his death, resignation or otherw...
39 Staff of Appellate Tribunal
1.     The Central Government shall provide the Appellate Tribunal with such officers and employees as it may deem fit. 2.     The officers and employees o...
40 Procedure and powers of Appellate Tribunal
1.     The Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the princ...
41 Distribution of business amongst Benches
Where Benches are constituted, the Chairperson of the Appellate Tribunal may, from time to time, by notification, make provisions as to the distribution of th...
42 Power of Chairperson to transfer cases
On the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion wi...
43 Decision to be by majority
If the Members of the Appellate Tribunal of a Bench consisting of two Members differ in opinion on any point, they shall state the point or points on which th...
44 Right of appellant to take assistance of legal practitioner or accredited auditor and of Government to appoint presenting officers
1.     A person preferring an appeal to the Appellate Tribunal under this Act may either appear in person or take the ass stance of a legal practitioner or a...
45 Appeal to Supreme Court
Any person aggrieved by any decision or order of the Appellate Tribunal, may, file an appeal to the Supreme Court within sixty days from the date of communica...
Chapter IX Miscellaneous
46 Power of Central Government to issue directions to Bureau
1.     Without prejudice to the foregoing provisions of this Act, the Bureau shall, in exercise of its powers or the performance of its functions under this ...
47 Power of Central Government to supersede Bureau
1.     If at any time the Central Government is of opinion- a.     that on account of grave emergency, the Bureau is unable to discharge the functions and du...
48 Default by companies
1.     Where a company makes a default in complying with the provisions of clause (c) or clause (d) or clause (h) or clause (i) or clause (k) or clause (l) o...
49 Exemption from tax on income
Notwithstanding anything contained in the Income-tax Act, 1961 (43 of 1961) or any other enactment for the time being in force relating to tax on income, prof...
50 Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Central Government or Director-General or Secretary or State Government or any officer of...
51 Delegation
The Bureau may, by general or special order in writing, delegate to any member, member of the committee, officer of the Bureau or any other person subject to ...
52 Power to obtain information
Every designated consumer or manufacturer of equipment or appliance specified under clause (b) of section 14 shall supply the Bureau with such information, an...
53 Power to exempt
If the Central Government or the State Government is of the opinion that it is necessary or expedient so to do in the public interest, it may, by notification...
54 Chairperson, Members, officers and employees of the Appellate Tribunal, Members of State Commission, Director-General, Secretary, members, officers and employees to be public servants
The Chairperson of the Appellate Tribunal or the Members of the Appellate Tribunal or officers or employees of the Appellate Tribunal or the members of the St...
55 Power of Central Government to issue directions
The Central Government may give directions to a State Government or the Bureau as to carrying out into execution of this Act in the State....
Have a Legal Issue?
Get connected to the Best Lawyers and Chartered Accountants Near You!