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  "title": "National Energy Efficiency and Conservation Act, 2016",
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  "text": "Page 1 of 19 \r\n \r\n \r\n \r\n \r\nTHE NATIONAL ENERGY EFFICIENCY AND CONSERVATION \r\nACT, 2016 \r\n \r\n \r\n \r\n \r\n    CONTENTS \r\n     ___________ \r\n \r\n  \r\n1 Short title and commencement. \r\n2 Definitions. \r\n3 Establishment of the Board \r\n4 Functions and powers of the Board. \r\n5. Organization of the Board. \r\n6.  Establishment of the Authority. \r\n7.  Powers and functions of Authority. \r\n8.  Indemnity. \r\n9.  Fund of the Authority. \r\n10.  Powers and functions of the Federal Government to facilitate and enforce efficient use of \r\nenergy and its conservation. \r\n11.  Powers of the Federal Government to issue energy saving certificate. \r\n12.  Powers of the Federal Government to specify value of energy. \r\n13.  Powers and functions of Provincial Governments to facilitate and enforce efficient use of \r\nenergy and its conservation. \r\n14.  Powers of Provincial Government to make rules. \r\n15.  Powers of inspection. \r\n16.  Powers to issue directions. \r\n17. Procedure for conducting inquiry, investigation and energy audit. \r\n18.  Imposition of fine. \r\n19.  Energy Conservation Tribunals. \r\n   \r\n\r\nPage 2 of 19 \r\n \r\n \r\n20.  Power to make rules. \r\n21.  Power to make regulations. \r\n22.  Delegation of powers. \r\n23.  Power to exempt. \r\n24.  Act not to be derogatory. \r\n25.  Transitional. \r\n26.  Removal of difficulty. \r\n27. Savings. \r\n28. Repeal. \r\n \r\nPage 3 of 19 \r\n \r\n \r\nTHE NATIONAL ENERGY EFFICIENCY AND CONSERVATION \r\nACT, 2016 \r\n \r\nACT No. XXX OF 2016 \r\n \r\n[28th June, 2016] \r\n \r\nAn Act to provide far the establishment of institutions and enunciation of mechanisms and \r\nprocedures so as to provide for effective conservation and efficient use of energy \r\n \r\nWHEREAS the conservation and efficient use of energy is pivotal for the development of  \r\nPakistan; \r\n \r\nAND WHEREAS it is expedient and imperative to establish institutions and stipulate \r\nmechanisms and procedures for effective conservation and efficient use of energy in Pakistan and for \r\nmatters connected therewith and incidental thereto; \r\n \r\nIt is hereby enacted as follows:— \r\n \r\n1. Short title, extent and commencement.—(1) This Act may be called the National Energy \r\nEfficiency and Conservation Act, 2016. \r\n \r\n(2) It extends to the whole of Pakistan.  \r\n \r\n(3) It shall come into force at once. \r\n \r\n2. Definitions.— In this Act, unless there is anything repugnant in the subject or context, — \r\n(i)  “accredited laboratory” means a laboratory designated by the Authority or the \r\nProvincial Government and duly accredited by the National Accreditation \r\nBody to carry out such procedures and tests as are necessary for furtherance of \r\nthe purposes of this Act; \r\n(ii)  “adverse energy and environment effect” means energy wastage and discharge \r\nof air pollutants due to energy waste practices; \r\n(iii)  “agriculture and livestock sector ” means activities or practices related to soil \r\nmanagement. land preparation (tillage, plowing etc), harvesting, threshing, \r\nmechanized livestock and agriculture farming, livestock and agriculture farm \r\nirrigation and drainage, livestock and agriculture farm management, livestock \r\nand agriculture farm produce transportation, agro­chemicals management, \r\nlivestock, plant and agriculture food processing, preservation and value \r\naddition, bio­mass recycling, rangeland and forest management, livestock and \r\npoultry management, post harvest output management; \r\n(iv)  “Authority” means the National Energy Efficiency and Conservation \r\nAuthority established under section 6; \r\n(v)  “Board” means the National Energy Efficiency and Conservation Board \r\nestablished under section 3; \r\nPage 4 of 19 \r\n \r\n \r\n(vi)  “buildings sector” means all buildings including private domestic household, \r\ncommercial, industrial, public and community buildings; \r\n(vii)  “certified energy auditor” means any person to be certified and designated by \r\nthe Authority for carrying out ener gy audit in accordance with the provisions \r\nof this Act; \r\n(viii)  “designated agency” means an agency designated as such by the Board or a \r\nProvincial Government for the purpose of this Act; \r\n(ix)  “designated consumer” means a consumer designated as such by the Authority \r\nfor the purpose of this Act; \r\n(x)  “efficiency” means the ratio of energy output to energy input in respect of \r\nenergy consuming equipment, appliances or systems; \r\n(xi)  “ENERCON” means the National Energy Conservation Centre \r\n(xii)  “energy” means conventional and non­conventional, alternate sources of \r\nenergy including petroleum, coal, natural gas, liquefied petroleum gas or \r\ncompressed natural gas and electrical energy and may also include such other \r\nnew or renewable forms of energy as the Bo ard may, by notification in the \r\nofficial Gazette, specify; \r\n(xiii)  “energy audit” means an examination of any energy consuming project about \r\nthe way the energy is generated, transmitted, distributed or used there and \r\nidentification of areas where energy wa ste can occur for improving energy \r\nefficiency and where scope for improving energy use efficiency may be \r\npossible; \r\n(xiv)  “energy conservation” means reduction in energy consumption by minimizing \r\nwaste, or curtailment of energy use or improving generation,  transmission, \r\ndistribution or end use energy efficiency to avoid waste, creating additional \r\nenergy supply at source and effecting a reduction of undesirable emissions to \r\nthe atmosphere or air due to better fuel combustion; \r\n(xv)  “Energy Conservation Tribunal” means the Tribunal constituted under Section\r\n 19; \r\n(xvi) “energy use assessment ” means a comprehensive review and analysis to \r\ndetermine the appropriateness of energy use in any energy consuming project; \r\n(xvii)  “energy waste” means amount of energy that remains unused or discarded due \r\nto incomplete burning or combustion or due to use of inefficient energy \r\nconsuming equipment, appliance or due to process or inefficient operation, \r\nmaintenance and management of a system; \r\n(xviii)  “Government” means the Fede ral Government or, as the case may be, a \r\nProvincial Government; \r\n(xix)  “industrial sector” means small scale, medium scale and large scale industry \r\ninvolving manufacturing, making, formulating, altering, repairing, finishing, \r\nPage 5 of 19 \r\n \r\n \r\npacking or otherwise treating any article or substance with a view to its use, \r\nsale, transport, delivery or disposal; \r\n(xx)  “Managing Director” means the Managing Director of the Authority; \r\n(xxi)  “National Accreditation Body ” means the Pakistan Accreditation Council or \r\nsuch body as may be notified for the purpose by the Government; \r\n(xxii)  “National Standards Body” means the Pakistan Standards and Quality Control \r\nAuthority or such other body as may be notified for the purpose by the \r\nGovernment: \r\n(xxiii) “person” means a natural or legal person, firm, association, partnership, \r\nsociety, group, company, corporation, co­operative society, Government \r\nagency, public body, non governmental organization, community based \r\norganization, village organization, local council o r local authority and, in the \r\ncase of a vehicle, the owner or other person having for the time being the \r\ncharge or control of the said vehicle; \r\n(xxiv) “pollution” means contamination of air, land or water due to discharge of \r\npollutants as a consequence of incomplete or inefficient combustion of energy \r\nresources that alters unfavorably the chemical, physical, biological, radiation, \r\nthermal, radiological or aesthetic properties of air, water or atmosphere; \r\n(xxv) “power sector” means generation, transmission and distribution system of \r\nelectricity; \r\n(xxvi)  “prescribed” means prescribed by rules or, as the case may be, regulations \r\nmade under this Act; \r\n(xxvii) “project” means any activity, scheme, proposal or undertaking in any sector of \r\neconomy involving use of energy; \r\n \r\n(xxviii)“regulations” means the regulations made under this Act; \r\n \r\n(xxix) “rules” means the rules made under this Act; \r\n \r\n(xxx) “sectors of economy ” include but not limited to power sector, industrial \r\nsector, transpor t sector, agriculture and livestock sector and the buildings \r\nsector; \r\n(xxxi) “standards” means numeric values for optimum level of energy units required \r\nto produce a unit of output or desirable energy efficiency levels assigned to \r\nany process, object, equipment or appliance either for general applicability or \r\nfor specific application established under the provisions of this Act; and \r\n(xxxii) “transport sector ” means road transport, railways, aviation and such other \r\nmeans of transportation as the Board may determine. \r\n3. Establishment of the Board .—(1) As soon as may be after the commencement of this \r\nAct, the Federal Government shall, by notification in the official Gazette, establish a Board to be \r\nPage 6 of 19 \r\n \r\n \r\nknown as the Pakistan Energy Efficiency and Conservation Board consisting of  the following \r\nmembers, namely:— \r\n \r\n(a) Federal Minister of the Division to which subject-matter \r\nof this Act stands allocated \r\nChairman \r\n(b) Federal Secretary of the Division to which subject matter of this \r\nAct stands allocated \r\nVice \r\nChairman \r\n(c) Federal Secretary, Ministry of Finance Member \r\n(d) Federal Secretary, Ministry of Planning and Development Member \r\n(e) Federal Secretary of the Division to which subject matter of \r\nPetroleum and Natural Resources stands allocated \r\nMember \r\n(f) Federal Secretary of the Division to which subject matter of \r\nScience and Technology stands allocated \r\nMember \r\n(g) Federal Secretary of the Division to which subject matter of \r\nIndustries stands allocated \r\nMember \r\n(h) Federal Secretary of the Division to which subject matter of \r\nHousing and Works stands allocated \r\nMember \r\n(i) Federal Secretary of the Division to which subject matter of \r\nClimate stands allocated \r\nMember \r\n(j) Secretary of the Designated Department, Government of the \r\nPunjab \r\nMember \r\n(k) Secretary of the Designated Department, Government of Sindh Member \r\n(l) Secretary of the Designated Department, Government of Khyber \r\nPakhtunkhwa \r\nMember \r\n(m) Secretary of the Designated Department, Government of \r\nBalochistan \r\nMember \r\n(n) Chairman, Oil and Gas Regulatory Authority Member \r\n(o) Chairman, National Electric Power Regulatory Authority Member \r\n(p) one nominee from Chambers of Commerce and Industry Member \r\n(q) one person from Agriculture sector nominated by the Federal \r\nGovernment \r\nMember \r\n(r) Managing Director of the Authority Member \r\n (s) Five persons of known integrity and competence from private \r\nsector of which three would be full time paid. These Members \r\nshall have expertise in different sectors defined in the Act, \r\nincluding Agriculture and Livestock \r\nMembers \r\n \r\n  \r\nPage 7 of 19 \r\n \r\n \r\n  (2) A member of the Board other than an ex­officio member, shall hold office for a period of \r\nthree years from the date of his appointment and shall be eligible for reappointment but for not more \r\nthan two terms. \r\n(3) The headquarters of the Board shall b e at Islamabad, but it may hold its meetings \r\nanywhere in Pakistan as and when deemed necessary. \r\n(4) The Board shall hold not less than three meeting during a year and may co­opt members \r\nfor particular meetings or generally as may be necessary. \r\n(5) A meetin g of the Board shall be presided over by the Chairman of the Board or, in his \r\nabsence, by the Vice Chairman or in his absence by any member elected by the Board. \r\n(6) The Board may make its own rules of procedure and conduct of its business accordingly. \r\n(7) A member of the Board, other than an ex­officio member, may at any time by writing \r\nunder his hand resign from his office, provided that no resignation shall take effect until it has been \r\naccepted by the Board. \r\n(8) The presence of not less than one­third o f the total members of the Board shall be \r\nnecessary to constitute a quorum for its meetings and its decisions shall be expressed in terms of the \r\nopinion of the majority members present and voting. In case of a tie, the vote of the presiding officer \r\nshall be the casting vote. \r\n(9) The Board may delegate any of its functions, other than the making of regulations, to any \r\ncommittee set up by it or to any of its members, subject to such conditions, if any, as it may specify. \r\nThe recommendations of the committees shall be submitted to the Board for approval. \r\n(10) The Board or any of its committees may invite any technical expert or representative of \r\nany Government agency or non­governmental organization or other person possessing specialized \r\nknowledge of any subject for assistance for the performance of its functions. \r\n(11) The Board may recommend to the Federal Government or a Provincial Government to \r\nestablish advisory committees for various sectors for assisting the Authority in the discharge of its \r\nfunctions. \r\n \r\n(12) The Provincial Government may notify a specific public department as focal point for \r\nthe proper co­ordination, facilitation and enforcement of the provisions of this Act. \r\n \r\n4. Functions and powers of the Board .—(1) The supervision, management of the af fairs, \r\nand policy direction of the Authority shall vest with the Board. \r\n(2) The Board may, exercise all powers and do all acts which may be exercised or done by \r\nthe Authority. \r\n(3) The Board, or a Provincial Government with the concurrence of the Board, may  establish \r\nany suitable structure or mechanism for enforcement of this Act in consultation with National \r\nStandards Body including energy efficiency standards, labeling, incentives, fines and other related \r\nrequirements under this Act with effect from the date to be determined by the Board. \r\n \r\n(4) The Board may approve appropriate strengthening, restructuring, capacity building, terms \r\nand conditions of employees and compensation or protection of service benefits for NEECA and its \r\nPage 8 of 19 \r\n \r\n \r\nemployees, to effectively carry out the functions under the provisions of this Act. \r\n5. Organization of the Board .—(1) The Board may, for carrying out its functions for \r\npromotion of energy conservation and efficiency, development of energy efficient technologies, \r\ncertification of energy efficient products and projects and project management, may establish one or \r\nmore organizations as it may consider necessary. \r\n(2) The organization established under sub­section (1) shall be subject to control and \r\nsupervision of the Board and shall function within the framework of this Act. \r\n(3) An organization established under sub­section (1) shall perform such business as may be \r\nprescribed by regulations by the Board for the purpose. \r\n \r\n6. Establishment of the Authority.—(1) As soon as may be after the commencement of this \r\nAct, the Federal Government shall, by notification in the official Gazette, establish an Authority to \r\nbe called the National Energy Efficiency and Conservation Authority. \r\n(2) The Authority shall be a body corporate having perpetual successi on and a common seal \r\nwith powers, subject to the provisions of this Act, to acquire, hold and dispose of property, both \r\nmoveable and immoveable and shall have the capacity to sue and be sued. \r\n(3) The general direction and administration of the Authority an d its affairs shall vest in the \r\nManaging Director, who shall be appointed by the Federal Government on such terms and \r\nconditions as may be prescribed; Managing Director shall be an energy and environmental expert of \r\nknown integrity,competence with at least ten years of related experience in handling energy projects. \r\nManaging Director shall be appointed for an initial term of three years and shall be eligible for re­ \r\nappointment upon satisfactory performance for similar term upto a maximum of sixty­five years age. \r\nSubject to this Act, the Managing Director may exercise all powers and do all acts and things, which \r\nmay be exercised or done by the Authority. The Managing Director will serve as the Secretary of the \r\nBoard and shall report to the Board and seek its  approval for all matters including its budget, plans \r\nand projects. \r\n(4) The Managing Director, officers, employees and servants of the Authority shall, when \r\nacting or purporting to act in pursuance of any of the provisions of this Act or the rules and \r\nregulations made thereunder, be deemed to be public servants within the meaning of section 21 of \r\nthe Pakistan Penal Code (Act XLV of 1860). \r\n \r\n7. Powers and functions of Authority .— The powers and functions of the Authority shall \r\nbe to— \r\n(a)  serve as sole focal Federal authority for initiating, catalyzing, carrying out and \r\ncoordinating the implementation of all energy conservation programs in all \r\nsectors of economy; \r\n(b)  administer, implement and enforce the provisions of this Act and the rules and \r\nregulations made thereunder; \r\n(c)  prepare or update national energy conservation policy for the approval of the \r\nBoard; \r\nPage 9 of 19 \r\n \r\n \r\n(d)  prepare draft regulations to be made by the Board pursuant to the provisions \r\nof this Act; \r\n(e)  recommend national energy efficiency standards to the Board and after \r\napproval by the  National Standards Body ensure implementation of these \r\nstandards; \r\n(f)  coordinate energy conservation policies and programs nationally  and \r\ninternationally; \r\n(g)  establish protocol s of coordination between relevant functionaries of the \r\nGovernment and serve as the information house on energy conservation and \r\nmanagement; \r\n(h)  initiate demonstration and research and development programs in support of \r\nits functions; \r\n(i)  establish infra structure and take appropriate institutional development and \r\ncapacity building measures for effective implementation of the provisions of \r\nthis Act: \r\n(j)  establish systems and procedures for surveys, surveillance, monitoring, \r\ninspection and audits to preven t the inefficient use of energy resources and \r\nrecommend implementation of specific energy conservation measures; \r\n(k)  establish and maintain one or more laboratories as accredited laboratories for \r\nconducting tests and analysis to help the Authority in the performance of its \r\nfunctions and to conduct research in various aspects of energy conservation; \r\n(l)  seek information or data relevant to its functions from any person or \r\norganization for quantitative or technological analysis; \r\n(m)  recommend to the Federal Government or a Provincial Government the \r\nadoption of financial and fiscal incentives or schemes for achieving energy \r\nconservation objectives; \r\n(n)  initiate requests for foreign technical and financial assistance for the purposes \r\nof this Ac t, enter into arrangements with foreign agencies and organizations \r\nfor exchange of information and materials and participate in international \r\nmeetings and seminars; \r\n(o)  obtain information or data relevant to the functions of the Authority from any \r\nperson in such form as the Authority may specify; \r\n(p)  undertake inquiry or investigation into energy conservation issues, either on \r\nits own accord or upon complaint from any person or on the advice of the \r\nBoard; \r\n(q)  summon and enforce the attendance of any pers on or an officer, employee, \r\nproprietor, partner, manager, director or chief executive of an entity and \r\nrequire him to supply any information or document needed for the conduct of \r\nan inquiry or investigation into any issue being carried out pursuant to the \r\nPage 10 of 19 \r\n \r\n \r\nprovisions of this Act; \r\n(r)  direct an initial energy use assessment to be carried out for any upcoming \r\nproject and submitted to the Authority before commencement thereof; \r\n(s)  carry out energy audits either by itself or direct any person to conduct an \r\nenergy audit by any certified or designated energy auditor for any facility, \r\nenterprise, factory, building or object for the purpose of identification of \r\nenergy conservation issues and making recommendations for corrective \r\nmeasures thereof; \r\n(t) request for te sts and analysis from its own laboratory or from any other \r\naccredited laboratory of an equipment, gadget, accessory or hardware to \r\nmeasure its energy characteristics; \r\n(u)  prohibit manufacture, sale or import of equipment or appliances which are not \r\nenergy­ efficient and ensure display of such particulars through labels on \r\nequipment or appliances as may be necessary; \r\n(v)  fix and realize fee, rates and charges for rendering any service or providing \r\nany facility or information or data audit or assessment or test carried out \r\npursuant to the provisions of this Act and the rules and regulations made \r\nthereunder; \r\n(w)  appoint such technical and legal experts and administrative staff as it \r\nconsiders necessary for the efficient performance of its functions on such \r\nterms and conditions as may be prescribed; and \r\n \r\n(x) perform any other function assigned to it by the Federal Government or the \r\nBoard including but not limited to— \r\n(i)  arrange, conduct and monitor the training of relevant professionals for \r\ntheir performance as energy auditors or managers; \r\n(ii)  facilitate, manage or designate authority for the appropriate \r\nregistration of energy auditing firms or individuals and professionals; \r\n(iii)  direct, coordinate, renew and terminate the services of energy auditors, \r\nrelevant trainers and energy efficiency inspectors as may be specified \r\nby regulations. \r\n8. Indemnity.— No suit, prosecution or other legal proceedings shall lie against the Federal \r\nor Provincial Government or officers thereof, Managing Director or any member o r officer or \r\nemployee of the Authority or any person exercising any power or performing any act carried or \r\ncontemplated to be carried out in good faith in furtherance of the provisions of this Act, as \r\ndetermined by the Board, or the rules or regulations made thereunder. \r\n \r\n9. Fund of the Authority. —(1) There shall be formed a fund to be known as the Authority \r\nFund, which shall vest in the Authority and shall be utilized by the Authority to meet charges in \r\nconnection with its functions under this Act including , inter alia, the payment of salaries and other \r\nremuneration to the Managing Director, members, officers, employees, servants, experts and \r\nconsultants of the Authority. \r\nPage 11 of 19 \r\n \r\n \r\n(2)  The Authority Fund shall be administered in the manner as may be prescribed.  \r\n \r\n(3)  To the credit of the Authority Fund shall be placed,— \r\n(a) initial seed money grant of one billion rupees by the Federal Government, for \r\nthe purpose of meeting expenses in connection with the functions and \r\noperations of the Board and the Authority, instit utions and organizations \r\nunder this Act, including payment of salaries and other remunerations, \r\npayable to employees of the Authority as well as consultants and advisers; \r\n(b)  revenue budget allocations by the Federal Government till such time that an \r\nadequate Authority Fund is in place; \r\n(c)  grants made by the Federal Government, whether annually or otherwise; \r\n(d)  aid and assistance, grants, advances, donations and other non­obligatory funds \r\nreceived from foreign governments, local or international agenci es, and \r\nnon­governmental organizations; \r\n(e) levy that may be collected by the Federal Government for the purposes of \r\nenergy conservation and efficiency enhancement; \r\n(f)  contributions from private organizations and other persons; \r\n(g) fees received under the provisions of this Act and the rules and regulations \r\nmade thereunder; \r\n(h) income from investments and commercially viable energy conservation \r\nprograms; and \r\n(i)  receipts of the Authority from any other source. \r\n \r\n(4) The Authority may inv est its funds in such profit­earning projects, and maintain saving \r\naccounts in such banks or financial institutions, as may be approved by the Board. \r\n(5) The accounts of the Authority shall be audited by the Auditor General of Pakistan. \r\n 10. Powers and fun ctions of the Federal Government to facilitate and enforce efficient \r\nuse of energy and its conservation .—The Federal Government may, in consultation with the  \r\nAuthority and National Standards Body (Where ever applicable):— \r\n(a)  specify the norms/specificati ons for processes and energy consumption \r\nstandards for any equipment, appliance which consumes, generates, transmits \r\nor supplies energy; \r\n(b)  specify equipment or appliance or class of equipments or appliances, as the \r\ncase may be, for the purposes of this Act; \r\n(c)  prohibit manufacture or sale or purchase or import of equipment or appliance \r\nspecified under clause (b), unless such equipment or appliance conforms to \r\nenergy consumption standards: \r\nPage 12 of 19 \r\n \r\n \r\nProvided that no notification prohibiting manufacture or sale or  purchase or import of \r\nequipment or appliance shall be issued within a period of six months from the date of notification \r\nissued under clause (a): \r\n \r\nProvided further that the Federal Government may, having regard to the market share and the \r\ntechnological development having impact on equipment or appliance, and for reasons to be recorded \r\nin writing, extend the said period of six months referred to in the first proviso by a further period not \r\nexceeding six months; \r\n(d)  direct display of such particulars on lab el on equipment or on appliance \r\nspecified under clause (b) and in such manner as may be specified by \r\nregulations; \r\n(e)  specify, having regard to the intensity or quantity of energy consumed and the \r\namount of investment required for switching over to energy  efficient \r\nequipments and capacity of industry to invest in it and availability of the \r\nenergy efficient machinery and equipment required by the industry, any user \r\nor class of users of energy in the energy intensive industries and other \r\nestablishments as a designated consumer for the purposes of this Act; \r\n(f)  alter the list of energy intensive industries specified by the Authority; \r\n(g)  establish and prescribe such energy consumption norms/specifications and \r\nstandards for designated consumers as it may consider necessary: \r\nProvided that the Federal Government may prescribe different norms and standa rds for \r\ndifferent designated consumers having regard to such factors as may be prescribed; \r\n(h)  direct, having regard to quantity of energy consumed or the norms and \r\nstandards of energy consumption specified under clause (a), the energy \r\nintensive industries specified to get energy audit conducted by an ac credited \r\nenergy auditor in such manner and intervals of time as may be prescribed by \r\nregulations; \r\n(i)  direct, if considered necessary for efficient use of energy and its conservation, \r\nany designated consumer to get energy audit conducted by an accredited \r\nenergy auditor; \r\n(j) specify the matter to be included for the purposes of inspection; \r\n(k)  direct any designated consumer to furnish to the designated agency, in such \r\nform and manner within such period, as may be prescribed, the information \r\nwith regard to the energy consumed and action taken on the recommendation \r\nof the accredited energy auditor; \r\n(l)  direct any designated consumer to designate or appoint energy manager in \r\ncharge of activities for efficient use of energy and its conservation and submit \r\na report, in the form and manner as may be prescribed, on the status of energy \r\nconsumption at the end of every financial year to the designated agency; \r\n(m)  prescribe minimum qualification for energy auditors and energy managers to \r\nPage 13 of 19 \r\n \r\n \r\nbe designated or appointed under clause (1); \r\n(n)  direct every designated consumer to comply with energy consumption norms \r\nand standards; \r\n(o)  direct any designated consumer, who does not fulfill the energy consumption \r\nnorms and standards prescribed under clause (g), to prepare a sch eme for \r\nefficient use of energy and its conservation and implement such scheme \r\nkeeping in view the economic viability of the investment in such form, time \r\nand the manner as may be prescribed; \r\n(p)  prescribe energy conservation building codes for efficient use of energy and \r\nits conservation in the building or building complex; \r\n(q)  amend the energy conservation building codes to suit the regional and local \r\nclimatic conditions; \r\n(r)  direct every owner or occupier of the building or building complex, being a \r\ndesignated consumer to comply with the provisions of energy conservation \r\nbuilding codes for efficient use of energy and its conservation; \r\n(s)  direct, any designated consumer referred to  in clause (r), if considered \r\nnecessary, for efficient use of energy and its conservation in his building to \r\nget energy audit conducted in respect of such building by an accredited energy \r\nauditor in such manner and intervals of time as may be specified by \r\nregulations; \r\n(t) take all measures necessary to create awareness and disseminate information \r\nfor efficient use of energy and its conservation; \r\n(u) arrange and organize training of personnel and specialists in the techniques for \r\nefficient use of energy and its conservation; \r\n(v)  prescribe penalties for the energy inefficient apparatus, appliances, equipment, \r\nplant and machinery; and \r\n(w)  take steps to encourage preferential treatment for use of energy efficient \r\nequipment or appliances: \r\nProvided that the pow ers under clauses (p) to (s) shall be exercised in consultation with the \r\nconcerned Province. \r\n11. Powers of the Federal Government to issue energy saving certilicate. —(1) The \r\nFederal Government may issue energy saving certificate to a designated consumer wh ose energy \r\nconsumption is less than the prescribed norms and standards in accordance with the procedure as \r\nmay be prescribed. \r\n(2) The designated consumer whose energy consumption is more than the prescribed norms \r\nand standards shall be entitled to purchase  the energy saving certificate to comply with the \r\nprescribed norms and standards. \r\n \r\nPage 14 of 19 \r\n \r\n \r\n12. Powers of the Federal Government to specify value of energy . The Federal \r\nGovernment may, in consultation with Authority, prescribe the value of per metric ton of oil \r\nequivalent of energy consumed for the purpose of this Act. \r\n \r\n13. Powers and functions of Provincial Governments to facilitate and enforce efficient \r\nuse of energy and its conservation. —(1) The Provincial Governments may, after approval of \r\nproposals to the ef fect thereof from the Board and in consultation with the Authority, by \r\nnotification,— \r\n \r\n(a)  amend the energy conservation building codes to suit the regional and local \r\nclimatic conditions and may, by rules made by it, specify and notify energy \r\nconservation building codes with respect to use of energy in the buildings; \r\n \r\n(b)  direct every owner or occupier of a building or building complex being a \r\ndesignated consumer to comply with the provisions of the energy conservation \r\nbuilding codes; \r\n \r\n(c)  direct, if considered necessary for efficient use of energy and its conservation, \r\nany designated consumer referred to in clause (b) to get energy audit \r\nconducted by an accredited energy auditor in such manner and at such \r\nintervals of time as may be specified by regulations; \r\n \r\n(d)  establish or designate laboratories duly accredited and certified by the Federal \r\nGovernment; \r\n \r\n(e) collect data and information and maintain database; and \r\n(f)  direct, any designated consumer to furnish to the designated agency, in such \r\nform and manner and within such period as may be specified by rules made by \r\nit, information with regard to the energy consumed by such consumer. \r\n(2) The Federal Government may establish a fund to be called the Energy Conservation Fund \r\nfor the purposes of promotion of efficient use of energy and its conservation within its territory. \r\n(3) To the Fund shall be credited all grants and loans that may be made by the Provincial \r\nGovernment or the Federal Government or any other organization or individual for the purposes of  \r\nthis Act. \r\n(4) The Fund shall be applied for meeting the expenses incurred for implementing the \r\nprovisions of this Act. \r\n(5) The Fund established under sub­section (2) shall be administered by such persons or \r\nauthority and in such manner as may be specified  in the rules made by the Federal Government in \r\nrespect thereof. \r\n(6) The Provincial Government may, by notification in the official Gazette, adopt or make \r\nrules for carrying out the provisions of this Act, which shall not be inconsistent with the rules, if any, \r\nmade by the Federal Government. \r\n(7) The Provincial Governments shall nominate a specific department under its control to \r\ncoordinate with the Authority and facilitate implementation of the provisions of this Act within its \r\nPage 15 of 19 \r\n \r\n \r\njurisdiction. The Authority upon receiving the nomination from Provincial Government, may declare \r\nthe nominated department as the designated. agency. The designated agency may appoint as many \r\ninspecting officers as may be necessary for the purpose of ensuring compliance of this Act. \r\n(8) Subject to any rules made under this Act, an inspecting officer shall have such powers as \r\nvested in him by the Board. \r\n(9) The Federal Government or a Provincial Government may, in exercise of their powers \r\nand performance of their functions under this A ct and for efficient use of energy and its \r\nconservation, issue such directions in writing to any person, officer, authority or any designated \r\nconsumer as they deem fit for furthering the purposes of this Act and such person, officer or \r\nauthority or any designated consumer shall be bound to comply with such directions. \r\n \r\nExplanation.—The power to issue directions under this sub­section includes the power to \r\ndirect in respect of— \r\n(a)  regulating the norms for process and energy consumption standards in any \r\nindustry or building or building complex; and \r\n(b)  regulating the energy consumption standards for equipments and appliances. \r\n14. Powers of Provincial Government to make rules. —(1) The Provincial Government \r\nmay, by notification in the official Gazette, make rules for carrying out the provisions of this Act and \r\nnot inconsistent with the rules, if any, made by the Federal Government. \r\n(2) In particular, and without prejudice to the generality of the foregoing power, such rules \r\nmay provide for all or any of the following matters, liamely:— \r\n(a)  energy conservation building codes under section 13; \r\n(b)  the form, manner and period within which information with regard to energy \r\nconsumption shall be furnished under section 13; \r\n(c)  the person or any authority who shall  administer the Fund and the manner in \r\nwhich the Fund shall be administered under section 13; \r\n(d)  the matters to be included for the purposes of inspection under section 15; \r\n(e)  any other matter which is to be, or may be, prescribed, or in respect of which \r\nprovision is to be made, or may be made, by rules. \r\n15. Powers of inspection .—(1) The designated agency may appoint, after the date of \r\ncommencement of this Act, as many inspecting o fficers as may be necessary for the purpose of \r\nensuring compliance with energy consumption standards specified under section 10 or ensure \r\ndisplay of particulars on label on equipment or appliance specified under clause (b) of section 10 or \r\nfor the purpose of performing such other functions as may be assigned to them. \r\n \r\n(2) Subject to any rules made under this Act, an inspecting officer shall have power to— \r\n \r\n(a)  inspect any operation carried on or in connection with the equipment or \r\nappliance specified under clause (b) of section 10 or in respect of which \r\nenergy standards under clause (a) of section 10 have been specified; \r\nPage 16 of 19 \r\n \r\n \r\n(b)  enter any place of designated consumer at w hich the energy is used for any \r\nactivity and may require any proprietor, employee, director, manager or \r\nsecretary or any other person who may be attending in any manner to or \r\nhelping in, carrying on any activity with the help of energy— \r\n(i)  to afford him necessary facility to inspect— \r\n(A)  any equipment or appliance as he may require and which may be \r\navailable at such place; \r\n(B) any production process to ascertain the energy consumption norms \r\nand standards; \r\n(ii) to make an inventory of stock of any eq uipment or appliance checked or \r\nverified by him; \r\n(iii) to record the statement of any person which may be useful for, or relevant    \r\nto, for efficient use of energy and its conservation under this Act. \r\n(3) An inspecting officer may enter any place of designated consumer,— \r\n(a) where any activity with the help of energy is carried on; and \r\n(b) where any equipment or appliance notified under clause ( b) of section 10 has \r\nbeen kept, during the hours at which such place is open for production or \r\nconduct of business connected therewith. \r\n(4) An inspecting officer acting under this section shall, on no account, remove or cause to be \r\nremoved from the place wherein he has entered, any equipment or appliance or books of account or \r\nother documents. \r\n16. Powers to issue directions.— The Federal Government or a Provincial Government \r\nmay, in exercise of its powers and performance of its functions under this Act and for efficient use of \r\nenergy and its conservation, issue such directions in writing as it deems fit for the pur poses of this \r\nAct to any person, officer, authority or any designated consumer and such person, officer or \r\nauthority or any designated consumer shall be bound to comply with such directions. \r\nExplanation.—For the avoidance of doubts, it is hereby declared t hat the power to issue \r\ndirections under this section includes the power to direct— \r\n(a)  regulation of norms for process and energy consumption standards in any \r\nindustry or building or building complex; or \r\n(b)  regulation of the energy consumption standards for equipment and appliances. \r\n17. Procedure for conducting inquiry, investigation and energy audit .—(1) The \r\nAuthority or a designated agency may on its own initiative or upon a complaint require any person to \r\nget energy audit carried out within the time stipulated by such agency. \r\n(2) The Authority or a designated agency shall bring the wastage of energy into notice of that \r\nperson and give reasonable time to that person for taking corrective measures thereof. \r\nPage 17 of 19 \r\n \r\n \r\n(3) After the expiry of the stipulated time, the  Authority or a designated agency shall require \r\nthat person to get second energy audit or such remedial measures as may be prescribed. \r\n(4) If that person is again found to be contravening the provisions of this Act, he shall be \r\nsubject to a fine, to be imp osed by the Authority or a designated agency, in accordance with section \r\n18, after providing a reasonable opportunity of hearing to that person. \r\n18. Imposition of fine. —(1) Failure on part of any person to comply with the provisions of \r\nthis Act shall const itute an offence, which shall entail a fine commensurate with the gravity of \r\noffence, as determined by the Board from time to time. \r\n(2) The amount of fine imposed, in case of default, shall be recovered as arrears of land \r\nrevenue. \r\n19. Energy Conservation Tribunals.—(1) The Federal Government may, by notification in \r\nthe official Gazette, establish as many Energy Conservation Tribunals as it consider necessary and, \r\nwhere it establishes more than one Energy Conservation Tribunals, it shall specify territorial limits \r\nwithin which, or the class of cases in respect of which, each one of them shall exercise jurisdiction \r\nunder this Act. \r\n(2) An Energy Conservation Tribunal shall consist of a Chairperson who is, or has been, or is \r\nqualified for appointment as a judge of a High Court to be appointed after consultation with the \r\nChief Justice of the High Court concerned and two members to be appointed by the Federal \r\nGovernment of which at least one shall be a technical member with suitable professional \r\nqualifications and experience in the energy conservation field as may be prescribed. \r\n(3) For every sitting of the Energy Conservation Tribunal, the presence of the Chairperson \r\nand not less than one member shall be necessary. \r\n(4) A decision of an Energy Conservation Tribunal shall be expressed in terms of the opinion \r\nof the majority of its members, including the Chairperson, or if the case has been decided by the \r\nChairperson and only one of the members and there is a difference of opinion between them, the \r\ndecision of the Ener gy Conservation Tribunal shall be expressed in terms of the opinion of the \r\nChairperson. \r\n(5) An Energy Conservation Tribunal shall not, merely by reason of a change in its \r\ncomposition, or the absence of any member from any sitting, be bound to recall and re hear any \r\nwitness who has given evidence, and may act on the evidence already recorded by or produced \r\nbefore it. \r\n(6) An Energy Conservation Tribunal may hold its sittings at such places within its territorial \r\njurisdiction as the Chairperson may decide. \r\n(7) No act or proceeding of an Energy Conservation Tribunal shall be invalid by reason only \r\nof the existence of a vacancy in, or defect in the constitution, of the Energy Conservation Tribunal. \r\n(8) The terms and conditions of service of the Chairperson and mem bers of the Energy  \r\nConservation Tribunal shall be such as may be prescribed. \r\n(9) An Energy Conservation Tribunal shall exercise such powers and perform such functions \r\nas are, or may be, conferred upon or assigned to it by or under this Act or the rules and  regulations \r\nmade thereunder. \r\nPage 18 of 19 \r\n \r\n \r\n(10) All contraventions under sections 17 and 18 shall exclusively be triable by an Energy \r\nConservation Tribunal. \r\n \r\n(11) In all matters with respect to which no procedure has been provided for in this Act, the \r\nEnergy Conservation Tribunal shall follow the procedure laid down in the Code of Civil Procedure, \r\n1908 (Act V of 1908). \r\n(12) Any person aggrieved by any order or direction of the Authority or any designated \r\nProvincial agency under any provision of this Act and ru les or regulations may prefer an appeal to \r\nthe Energy Conservation Tribunal within thirty days of the date of communication of the impugned \r\norder or direction to such person. \r\n(13) An appeal to the Energy Conservation Tribunal shall be in such form, contain  such \r\nparticulars and be accompanied by such fee as may be prescribed. \r\n(14) Any person aggrieved by any final order of the Energy Conservation Tribunal passed \r\nunder this Act may, within thirty days of communication of such order, prefer an appeal to the Hi gh \r\nCourt concerned. \r\n(15) The Energy Conservation Tribunal shall, preferably, dispose of the appeal within a \r\nperiod of ninety days from the date of its filing. In case the Tribunal fails to dispose of the same \r\nwithin the stipulated period, it shall decide w ithin a reasonable period, after recording reasons for \r\nsuch delays. \r\n(16) The Energy Conservation Tribunal may co­opt any additional member to assist the \r\nTribunal in technical matters. \r\n \r\n20. Power to make rules .— The Federal Government may, by notification i n the official \r\nGazette, make such rules for carrying out the purposes of this Act, as approved by the Board. \r\n \r\n21. Power to make regulations.—(1) The Board may, by notification in the official Gazette, \r\nmake regulations in consultation with the Authority to achieve the purposes of this Act. \r\n(2) Without prejudice to the provisions of sub­section (1), the regulations may provide for \r\ninter alia the powers and modes of appointments and determination of the terms and conditions of \r\nthe employees. \r\n22. Delegation of powers.—(1) The Authority may, by general or special order in writing, \r\ndelegate to any of its officer, consultant, adviser, designated entity or any other person such of its \r\npowers and functions under this Act and subject to such conditions, as may be specified in the order. \r\n23. Power to exempt .—(1) In case the Authority is of the opinion that it is expedient so to \r\ndo in the public interest; it may, by notification and subject to such conditions as may be specified \r\ntherein, exempt any designated consumer or class of designated consumers from application of all or \r\nany of the provisions of this Act: \r\nProvided that the Authority shall not grant exemption to any designated consumer or class of \r\ndesignated consumers for a period exceeding five years. \r\n(2) After the expiry of the period specified in the proviso to sub­section (1), the designated \r\nconsumer or class of designated consumers shall not be entitled for exemption for any further period. \r\nPage 19 of 19 \r\n \r\n \r\n24. Act not to be derogatory. — The provisions of this Act shall be in add ition to and not in \r\nderogation to the provisions of any other law for the time being in force. \r\n25. Transitional.—(1) All existing officers, employees and servants of the ENERCON, on \r\nthe date of coming into force of this Act, shall stand transferred to the Authority, provided that all \r\nsuch officers, employees and servants shall have a one time irrevocable option to be exercised within \r\nsix months of the commencement of this Act either to be absorbed as the employees of the Authority \r\nor retain their status which was enjoyed in the ENERCON. \r\n(2) If any officer, employee or servant exercises one time irrevocable option to be absorbed \r\nagainst their respective positions he shall be deemed to be duly appointed under the relevant \r\nprovisions of this Act on the date such officer, employee or staff exercises the one time option and \r\nthe terms and conditions of services of such officer, employee or staff will be governed by this Act \r\nand rules and regulations made thereunder. \r\n(3) All such officers, employees and servants who do not exercise the option under \r\nsub­section (1) of getting absorbed in the Authority shall continue enjoying the status as was enjoyed \r\nby them before the commencement of this Act. \r\n26. Removal of difficulty.— If any difficulty arises in giving effect t o the provisions of this \r\nAct, the Federal Government may, by order in the official Gazette, make such provisions, not being \r\ninconsistent with the provisions of this Act, as may appear to be necessary for removing the \r\ndifficulty: \r\nProvided that such power sh all not be exercised after one year of the commencement of this \r\nAct. \r\n27. Savings.—(1) All assets, rights, powers, authorities and privileges and all property, cash \r\nand bank balances, reserve funds, investment and all other interests and rights in or arisin g out of \r\nsuch property and all debts, liabilities and obligations of whatever kind of the ENERCON subsisting \r\nimmediately before its dissolution shall stand transferred to and vest in the Authority constituted \r\nunder this Act. \r\n(2) All debts, liabilities and obligations accrued or incurred or contracts entered into, rights \r\nacquired and all matters and things engaged to be done by, with or for, the ENERCON shall be \r\ndeemed to have been accrued, incurred, entered into, acquired or engaged to be done by, with or f or, \r\nthe Authority. \r\n(3) All suits and other legal proceedings instituted by or against the ENERCON before its \r\ndissolution shall be deemed to be suits and proceedings by or against the Authority and shall be \r\nproceeded or otherwise dealt with accordingly. \r\n(4) Any reference to the ENERCON in any statutory instrument or document shall, unless the \r\ncontext otherwise requires, be read and construed as reference to the Authority under this Act. \r\n28. Repeal. The Federal Government's Resolution No. S.R.O. 4(KE)186, dated the 23rd \r\nDecember, 1986 is hereby repealed. \r\n \r\n__________",
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