Home India Ministry of Law and Justice The Energy Conservation (Amendment) Act, 2022....
Date: 2022-12-20 Category: Extra Ordinary State: Union Government Country: India

The Energy Conservation (Amendment) Act, 2022.

Issued by Ministry of Law and Justice · Legislative Department

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Executive Summary & Key Takeaways

## Report on the Energy Conservation Amendment Act, 2022 **1. Executive Summary:** This report analyzes the Energy Conservation Amendment Act, 2022 (No. 19 of 2022), based solely on the provided legislative text. The amendment act modifies the Energy Conservation Act, 2001, with a core purpose of broadening the scope and enhancing the effectiveness of energy conservation measures in India. Key findings include the expansion of the definition of "building," the introduction of carbon credit trading schemes, the inclusion of additional stakeholders in the Bureau of Energy Efficiency (BEE), and the enhancement of penalty provisions for non-compliance. These changes signal a move towards a more comprehensive and stringent regulatory framework for energy conservation and carbon emission reduction. **2. Introduction:** This report aims to provide an informative overview of the Energy Conservation Amendment Act, 2022, as enacted by the Parliament of India. The analysis is based exclusively on the provided text of the Act and focuses on understanding the key changes introduced, their likely rationale, and potential implications. **3. Policy Overview:** * This is an amendment to the Energy Conservation Act, 2001 (52 of 2001). * **Core Objective(s):** Based on the provided text, the core objectives of the amendment are to: * Expand the scope of the Energy Conservation Act to include vehicles, vessels, and carbon credit trading. * Strengthen the institutional framework for energy conservation by including additional stakeholders and empowering the Bureau of Energy Efficiency (BEE). * Enhance enforcement mechanisms through increased penalties for non-compliance. * Promote the use of non-fossil fuel sources. **4. Background and Rationale:** This amendment likely aims to address gaps and limitations identified in the original Energy Conservation Act, 2001. The inclusion of vehicles and vessels suggests a recognition of the significant energy consumption and emissions from the transportation sector. The introduction of carbon credit trading schemes indicates a focus on market-based mechanisms for reducing carbon emissions. The modifications to the definition of "building" suggest a desire to capture a broader range of structures under energy conservation regulations. The changes relating to the BEE suggest to broaden the scope and enhance the effectiveness of the Act. **5. Key Provisions / Changes:** The Energy Conservation Amendment Act, 2022 introduces several key changes to the original Act. These include: * **Amendment of Section 2 (Definitions):** * **Change:** The definition of "building" is expanded to include structures constructed after energy conservation rules are notified, with a minimum connected load or contract demand, and used for commercial, office, or residential purposes. * **New:** Defines 'carbon credit certificate,' 'carbon credit trading scheme,' 'energy auditor,' 'energy conservation and sustainable building code,' 'registered entity,' 'vehicle,' and 'vessel'. * **Effect:** This broadens the applicability of energy conservation norms to a wider range of buildings, potentially increasing energy efficiency in the built environment. The definition of carbon credit certificate and carbon credit trading scheme establish a trading mechanism. * **Amendment of Section 4 (Constitution of Bureau of Energy Efficiency):** * **Change:** The number of members is increased from twenty to thirty-one, but not exceeding twenty-six to thirty-seven. Several new ex-officio members are added to the BEE, representing various government ministries and departments (e.g., Environment, Forest and Climate Change; Housing and Urban Affairs; Road Transport and Highways; Steel; Civil Aviation; Ports, Shipping and Waterways; Railways). A Director-General of the National Productivity Council is also added. * **Effect:** This diversifies the expertise and perspectives within the BEE, potentially leading to more informed and effective policy decisions. * **Amendment of Section 13 (Functions of Bureau):** * **Change:** BEE is authorized to collaborate with international institutions, authorize agencies to carry out its functions (including internationally), test samples, empanel technical experts, recommend on carbon credit trading schemes and recommend minimum share of consumption of non-fossil sources by designated consumers. * **Effect:** Expanding the Bureau's function to promote the consumption of non-fossil sources. * **Insertion of Section 13A (Prohibition of Deceptive Name):** * **New:** Prohibits the use of names resembling that of the Bureau without permission. * **Effect:** Protects the Bureau's brand and reputation. * **Amendment of Section 14 (Power of Central Government to specify standards):** * **Change:** The Central Government's power to specify standards is extended to include vehicles, vessels, industrial units, buildings, and establishments. This empowers them to prohibit manufacture or import of any equipment or appliance or vehicle or vessel unless it conforms to energy consumption standards, close an industrial unit unless it conforms to norms, and specify the carbon credit trading scheme as well as nonfossil fuel source use. * **Effect:** This widens the scope of energy consumption standards and gives the Central Government more regulatory authority. * **Amendment of Section 14A (Issuance of Energy Savings Certificate) & Insertion of Section 14AA (Issuance of Carbon Credit Certificate):** * **Change:** Empowers the Central Government (or authorized agencies) to issue carbon credit certificates to registered entities compliant with the carbon credit trading scheme. Allows anyone to purchase energy saving certificates or carbon credit certificates on voluntary basis. * **Effect:** This establishes a framework for carbon credit trading, incentivizing emission reductions. * **Amendment of Section 15 (State Government Measures):** * **Change:** States can levy fees for services promoting efficient energy use. * **Effect:** Provides an avenue for states to collect funds for energy conservation efforts. * **Insertion of Section 15A (Budget of designated Agency):** * **New:** Requires designated agencies to prepare budgets. * **Effect:** Requires agencies to properly manage their resources. * **Substitution of Section 16 (Establishment of Fund by State Government):** * **Change:** State energy conservation funds created. * **Effect:** This will encourage states to be more active in energy conservation, potentially leading to more effective implementation of energy efficiency measures at the state level. * **Substitution of Section 26 (Penalty):** * **Change:** Increases penalties for non-compliance with various provisions of the Act. Establishes penalty amounts for industrial units or vessels as well as penalties related to failing to comply with fuel consumption norms. * **Effect:** This strengthens the enforcement mechanism and acts as a deterrent against non-compliance. * **Insertion of Section 27A (Power of State Commission to make regulations):** * **New:** States can make regulations to perform functions under this act. * **Effect:** Empowers the State Commision. * **Amendment of Section 28 (Matters to be specified by Regulations):** * **New:** Loss caused to a consumer and amount of compensation thereof. * **Effect:** Protects consumers. * **Amendment of Section 52 (Power to inspect):** * **Change:** Broadens to apply to any other person or entity covered under this act. * **Effect:** Broadens the scope of inspection power. **6. Target Audience and Stakeholders:** Based on the provided text, the primary target audience and stakeholders include: * **Building owners and developers:** Due to the revised definition of "building" and the emphasis on energy conservation and sustainable building codes. * **Industrial units:** Subject to energy consumption norms and potential penalties for non-compliance. * **Vehicle and vessel manufacturers:** Now subject to energy consumption standards. * **Designated consumers:** Eligible to participate in the carbon credit trading scheme. * **State Governments and designated agencies:** Responsible for implementing and enforcing the provisions of the Act. * **Bureau of Energy Efficiency (BEE):** Responsible for setting standards and promoting energy conservation. * **Consumers:** Impacts potential compensation. * **Energy Auditors and Energy Managers:** Impacts roles and definitions. **7. Implementation Aspects (Inferred):** * **Responsible agency/bodies:** The Bureau of Energy Efficiency (BEE), Central Government, State Governments, designated state agencies, and State Electricity Regulatory Commissions (SERCs) are all likely to play key roles in implementing the provisions of the amended Act. * **Timelines or procedures:** The text specifies a period of six months (extendable by another six months) before a notification prohibiting manufacture or import of equipment/appliances/vehicles/vessels can be issued. For industrial units, a two-year period is provided before closure can be mandated. The Central Government must notify the date on which the Act comes into force. State agencies must prepare budgets each year. The State Commission must lay regulations before the State Legislature. * **Carbon Credit Trading Scheme:** The Central Government is responsible for specifying the carbon credit trading scheme. Registered entities will be able to participate in this scheme. **8. Expected Outcomes / Impact of Changes:** The likely intended outcomes of these changes include: * **Increased energy efficiency in buildings, industry, and transportation.** * **Reduced carbon emissions through the carbon credit trading scheme.** * **Greater participation of stakeholders in energy conservation efforts.** * **Enhanced enforcement of energy conservation regulations.** * **Increased use of non-fossil sources.** **9. Conclusion:** The Energy Conservation Amendment Act, 2022 represents a significant step towards strengthening India's commitment to energy conservation and climate change mitigation. By expanding the scope of the original Act, introducing market-based mechanisms, and enhancing enforcement provisions, the amendment aims to create a more comprehensive and effective regulatory framework for promoting energy efficiency across various sectors of the economy.

Key Entities Referenced

Energy Conservation Amendment Act, 2022: An Act further to amend the Energy Conservation Act, 2001. Energy Conservation Act, 2001: The principal Act being amended by the Energy Conservation Amendment Act, 2022. Parliament: Legislative body that enacted the Energy Conservation Amendment Act, 2022. Republic of India: The nation where the Energy Conservation Amendment Act, 2022, was enacted. Central Government: The government entity empowered to make appointments, notifications, and regulations under the Act. Official Gazette: The official publication where the Central Government's notifications are published. State Government: The government entity that can specify lower connected load or contract demand and implement energy conservation and sustainable building codes. carbon credit certificate: A certificate issued by the Central Government or an authorized agency under section 14AA related to carbon emissions. carbon credit trading scheme: A scheme for reduction of carbon emissions notified by the Central Government under clause w of section 14. Motor Vehicles Act, 1988: Act defining the meaning of 'vehicle' as referenced in the Energy Conservation Amendment Act, 2022. Secretary to the Government of India: Ex-officio member of the Bureau of Energy Efficiency, in charge of various ministries or departments of the Central Government. Ministry of Environment, Forest and Climate Change: A Ministry or Department of the Central Government. Ministry of Housing and Urban Affairs: A Ministry or Department of the Central Government. Ministry of Road Transport and Highways: A Ministry or Department of the Central Government. Ministry of Steel: A Ministry or Department of the Central Government. Ministry of Civil Aviation: A Ministry or Department of the Central Government. Ministry of Ports, Shipping and Waterways: A Ministry or Department of the Central Government. Ministry of Railways: A Ministry or Department of the Central Government. Railway Board: Related to Energy, Ministry of Railways ex officio member of the Bureau of Energy Efficiency. National Productivity Council: The Director-General of the National Productivity Council is an ex-officio member of the Bureau. Department for Promotion of Industry and Internal Trade: Under Ministry of Commerce and Industry. Ministry of Commerce and Industry: Parent ministry of Department for Promotion of Industry and Internal Trade. Bureau of Energy Efficiency: National Agency to promote energy efficiency and conservation. State Energy Conservation Fund: Fund established by the State Government for promotion of efficient use of energy and its conservation within the State
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jft LVªh l añ Mhñ ,yñ—(,u)04@0007@2003—22 REGISTERED NO. DL—(N)04/0007/2003—22 सी.जी.-डीx.एxलx.G-अID.-2H0x12x2x022-241246 CG-xDxLx-EG-I2D01E22x0x2x2-241246 vl k/kkj.k EXTRAORDINARY Hkkx II — [k.M1 PART II—Section 1 izkf/kdkj l s izdkf'kr PUBLISHED BY AUTHORITY l añ 26] ubZ fnYyh] eaxyokj] fnl Ecj 20] 2022@vxzgk.; 29] 1944 ¼'kd½ No. 26] NEW DELHI, TUESDAY, DECEMBER 20, 2022/AGRAHAYANA 29, 1944 (SAKA) bl Hkkx esa fHkUu i`"B l a[;k nh t krh gS ftl l s fd ;g vyx l adyu ds :i esa j[kk tk l dsA Separate paging is given to this Part in order that it may be filed as a separate compilation. MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 20th December, 2022/Agrahayana 29, 1944 (Saka) The following Act of Parliament received the assent of the President on the 19th December, 2022 and is hereby published for general information:— THE ENERGY CONSERVATION (AMENDMENT) ACT, 2022 NO. 19 OF 2022 [19th December, 2022.] An Act further to amend the Energy Conservation Act, 2001. BE it enacted by Parliament in the Seventy-third Year of the Republic of India as follows:–– 1. (1) This Act may be called the Energy Conservation (Amendment) Act, 2022. Short title and commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment 2. In section 2 of the Energy Conservation Act, 2001 (hereinafter referred to as the 52 of 2001. of section 2. principal Act),–– (i) for clause (c), the following clause shall be substituted, namely:–– ‘(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;’; (ii) after clause (d), the following clauses shall be inserted, namely:–– ‘(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;’; (iii) for clause (h), the following clause shall be substituted, namely:–– ‘(h) “energy” means any form of energy derived from fossil fuels or non-fossil sources or renewable sources;’; (iv) after clause (i), the following clause shall be inserted, namely:–– ‘(ia) “energy auditor” means any individual possessing the qualifications prescribed under clause (m) of section 14;’; (v) for clause (j), the following clause shall be substituted, namely:–– ‘(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;’; (vi) after clause (q), the following clause shall be inserted, namely:–– ‘(qa) “registered entity” means any entity, including designated consumers, registered for carbon credit trading scheme specified under clause (w) of section 14;’; (vii) after clause (t), the following clauses shall be inserted, namely:— ‘(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 floatingSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3 unit or dumb vessel used for transportation, storage or accommodation within or through inland waters and coastal waters;’. 3. In section 4 of the principal Act,–– Amendment of section 4. (a) in sub-section (1), for the words “twenty, but not exceeding twenty-six”, the words “thirty-one, but not exceeding thirty-seven” shall be substituted; (b) in sub-section (2),–– (i) after clause (g), the following clauses shall be inserted, namely:— “(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 Change—ex 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 Affairs—ex 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 Highways—ex officio member; (gd) the Secretary to the Government of India, in charge of the Ministry or Department of the Central Government dealing with the Steel— ex 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 Aviation—ex 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 Waterways—ex officio member; (gg) Member of the Railway Board (in charge of Energy), Ministry of Railways—ex officio member;”; (ii) after clause (m), the following clause shall be inserted, namely:— “(ma) Director-General of the National Productivity Council, Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry—ex officio member;”; (iii) for clause (o), the following clause shall be substituted, namely:–– “(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 Government—member;”; (iv) for clause (p), the following clause shall be substituted, namely:–– “(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 consumers—members;”. 4. In section 13 of the principal Act, in sub-section (2),–– Amendment of section 13. (i) in clause (a), after the word and figures "section 14", the words “and other standards required to be prescribed under other provisions of this Act” shall be inserted;4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (ii) in clause (d), for the words “energy conservation building codes”, the words “energy conservation and sustainable building codes” shall be substituted; (iii) in clause (h), after the word “promote”, the words “or undertake” shall be inserted; (iv) after clause (t), the following clauses shall be inserted, namely:–– “(ta) collaborate with any international institution or organisation or to obtain membership of bodies having similar objectives as that of the Bureau, in consultation with the Central Government; (tb) authorise any agency in the country or outside the country to carry out any of the functions of the Bureau, for such purposes, and subject to such terms and conditions, as may be specified by regulations; (tc) undertake, or authorise any other body which meets with such technical qualifications, as may be specified by regulations, to test samples for purposes other than those specified in section 14; (td) empanel technical experts to promote energy efficiency and carbon credit trading activities undertaken to meet the objectives of the Act; (te) recommend to the Central Government on the requirements to be specified in the carbon credit trading scheme to be notified under clause (w) of section 14; (tf) recommend minimum share of consumption of non-fossil sources by designated consumers as energy or feedstock;”. Insertion of 5. After section 13 of the principal Act, the following section shall be inserted, new namely:— section13A. Prohibition of “13A. (1) No person shall, without previous permission of the Bureau, use any use of name which so nearly resembles the name of the Bureau as to deceive or likely to deceptive deceive the public. name, etc. (2) Notwithstanding anything contained in any other law for the time being in force, no registering authority shall register any company, firm or other body of persons which bears any name or mark resembling the name of the Bureau.”. Amendment 6. In section 14 of the principal Act,–– of section 14. (i) in clause (a), for the word “appliance”, the words “appliance, vehicle, vessel, industrial unit, building or establishment” shall be substituted; (ii) in clause (b), after the words “class of equipment or appliances,”, the words “or vehicle, vessel, industrial unit, building or establishment” shall be inserted; (iii) for clause (c), the following clause shall be substituted, namely:–– “(c) prohibit manufacture or import of any equipment or appliance or vehicle or vessel specified under clause (b), unless it conforms to energy consumption standards specified under clause (a): Provided that an industrial unit specified under clause (b) shall close its operations unless it conforms to the norms for processes or energy consumption standards specified under clause (a): Provided further that from the date of notification of norms for processes and energy consumption standards under clause (a), no notification prohibiting such manufacture or import shall be issued–– (i) within a period of six months in the case of equipment or appliance or vehicle or vessel; and (ii) within a period of two years for closure of industrial unit:SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5 Provided also that the Central Government may, having regard to the market share and the technological development having impact on equipment or appliance or vehicle or vessel, and for reasons to be recorded in writing, extend the said period of six months referred to above, by a further period not exceeding six months;”; (iv) in clause (f), after the words “Energy Intensive Industries”, the words “and other establishments” shall be inserted; (v) in clause (h), after the words “Energy Intensive Industries”, the words “and other establishments” shall be inserted; (vi) in clause (l), for the words “energy manager”, the words “energy auditor or energy manager” shall be substituted; (vii) in clauses (p), (q) and (r), for the words “energy conservation building codes”, the words “energy conservation and sustainable building codes” shall be substituted; (viii) after clause (v), the following clauses shall be inserted, namely:–– "(w) specify the carbon credit trading scheme; (x) specify minimum share of consumption of non-fossil sources by designated consumers as energy or feedstock, provided different share of consumption may be specified for different types of non-fossil sources for different designated consumers:”. 7. In section 14A of the principal Act,–– Amendment of section 14A. (a) for the marginal heading, the following shall be substituted, namely:–– “Issuance of energy savings certificate.”; (b) in sub-section (1), after the words “Central Government”, the words “or any agency authorised by it” shall be inserted; (c) in sub-section (2), the following proviso shall be inserted, namely:–– “Provided that any other person may also purchase energy saving certificate or carbon credit certificate on voluntary basis.”. 8. After section 14A of the principal Act, the following section shall be inserted, Insertion of namely:–– new section 14AA. “14AA. (1) The Central Government, or any agency authorised by it may issue Issuance of carbon credit certificate to the registered entity which complies with the requirements carbon credit certificate. of the carbon credit trading scheme. (2) The registered entity shall be entitled to purchase or sell the carbon credit certificate in accordance with carbon credit trading scheme specified under clause (w) of section 14.”. 9. In section 15 of the principal Act,–– Amendment of section 15. (i) in clause (a),–– (I) for the words “energy conservation building codes”, at both the places where they occur, the words “energy conservation and sustainable building codes” shall be substituted; (II) after the words “energy in the buildings”, the words “and implement the same through building bye-laws of the State” shall be substituted;6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (ii) in clause (b), for the words “energy conservation building codes”, the words “energy conservation and sustainable building codes” shall be substituted; (iii) after clause (h), the following clause shall be inserted, namely:–– “(ha) levy such fee as may be prescribed for the services rendered by the designated agency to promote efficient use of energy and its conservation under this Act;”. Insertion of 10. After section 15 of the principal Act, the following section shall be inserted, new section namely:— 15A. Budget of “15A.The designated agency shall prepare, in such form and at such time in designated each financial year as may be prescribed, its budget for the next financial year, showing agency. the estimated receipts and expenditure and forward the same to the State Government, which shall include the same in the annual budget.”. Substitution of 11. For section 16 of the principal Act, the following section shall be substituted, new section namely:–– for section 16. Establishment “16. (1) There shall be constituted a Fund for the purposes of promotion of of Fund by efficient use of energy and its conservation within the State to be called the State State Energy Conservation Fund and there shall be credited thereto–– Government. (a) all grants and loans that may be made by the State Government or the Central Government or any other organisation or individual for the purposes of this Act; (b) all fees received by the State Government or the designated agency under this Act; (c) all sums received by the State Government or the designated agency from such other sources as may be decided by the State Government. (2) The Fund shall be utilised for meeting the expenses–– (a) of the designated agency in the discharge of its functions; (b) for the objects and purposes authorised by or under this Act. (3) The Fund created under sub-section (1) shall be administered by such person or authority and in such manner as may be prescribed by the rules made by the State Government.”. Substitution of 12. For section 26 of the principal Act, the following section shall be substituted, new section namely:–– for section 26. Penalty. “26. (1) If any person fails to comply with the provisions of clause (h) or clause (i) or clause (k) or clause (l) of section 14 or clause (c) or clause (h) of section 15, he shall be liable to a penalty which shall not exceed ten lakh rupees: Provided that in the case of continuing failures, the person shall be liable to an additional penalty which may extend to ten thousand rupees for every day during which such failures continue. (2) Notwithstanding anything contained in this Act or any other Act for the time being in force, if any person fails to comply with the provisions of clauses (c) and (d) of section 14, he shall in addition to the penalty of ten lakh rupees, be also liable to pay additional penalty which shall not exceed five thousand rupees per appliance or equipment in relation to which the non-compliance has occurred, but shall not be lower than two thousand rupees:SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7 Provided that where such non-compliance relates to any industrial unit or vessel, he shall also be liable to an additional penalty which shall not exceed twice the price of every metric ton of oil equivalent consumed in excess of the prescribed norms: Provided further that if the manufacturer of a vehicle fails to comply with the fuel consumption norms, he shall also be liable to pay an additional penalty per unit of vehicles sold in the corresponding year, as follows, namely:–– (i) twenty-five thousand rupees per vehicle for non-compliance of norms up to 0.2 litres per 100 kms; (ii) fifty thousand rupees per vehicle for non-compliance of norms above 0.2 litres per 100 kms. (3) If any person fails to comply with the directions issued under clauses (n) and (x) of section 14, he shall be liable to a penalty which shall not exceed ten lakh rupees for each such failure: Provided that he shall also be liable to an additional penalty which shall not exceed twice the price of every metric ton of oil equivalent prescribed under this Act, which is in excess of the prescribed norms. (4) If a person fails to comply with the provisions of sub-section (1) of section 13A or fails to provide any information under section 52, he shall be liable to a penalty which may extend to fifty thousand rupees on first such non-compliance or failure: Provided that for every subsequent non-compliance or failure, he shall be liable to pay an additional penalty which shall not exceed ten thousand rupees per day of such non-compliance or failure. (5) Any amount payable under this section, if not paid, may be recovered as if it were an arrear of land revenue.”. 13. After section 27 of the principal Act, the following section shall be inserted, Insertion of namely:–– new section 27A. “27A. (1) The State Commission may, by notification, make regulations for Power of State discharging its functions under this Act. Commission to make (2) In particular, and without prejudice to the generality of the foregoing power, regulations. such regulations may provide for— (a) the manner of making application before the State Commission and the fee payable; (b) any other matter which is to be, or may be, provided by regulations by the State Commission for the purposes of its function: Provided that every regulation made by the State Commission under this section 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.”. 14. In section 28 of the principal Act, after clause (b), the following clause shall be Amendment of inserted, namely:–– section 28. “(c) the loss caused to a consumer and amount of compensation thereof.”. 15. In section 52 of the principal Act, for the words, brackets, letter and figures Amendment of “specified under clause (b) of section 14 shall supply the Bureau with such information, and section 52. with such samples”, the words “or any other person or entity covered under this Act shall furnish to the Bureau such information, documents or records relating to energy consumption, and such samples” shall be substituted.8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] Amendment of 16. In section 56 of the principal Act, in sub-section (2), in clause (l), for the words section 56. “energy conservation building codes”, the words “energy conservation and sustainable building codes” shall be substituted. Amendment 17. In section 57 of the principal Act, in sub-section (2),–– of section 57. (i) in clause (a), for the words “energy conservation building codes”, the words “energy conservation and sustainable building codes” shall be substituted; (ii) after clause (b), the following clauses shall be inserted, namely:–– “(ba) the fee to be levied for the services rendered by the designated agency for promoting efficient use of energy and its conservation under clause (ha) of section 15; (bb) the form in which and the time at which, the budget of the designated agency shall be prepared under section 15A;”; (iii) in clause (c), for the word, brackets and figure “section (4)”, the word, brackets and figure “section (3)” shall be substituted. Amendment 18. In section 58 of the principal Act, in sub-section (2), after clause (h), the following of section 58. clauses shall be inserted, namely:— “(ha) the purposes, and the terms and conditions subject to which, an agency may be authorised to carry out the functions of the Bureau under clause (tb) of sub-section (2) of section 13; (hb)the technical qualification to test samples under clause (tc) of sub-section (2) of section 13;”. ———— DR. REETA VASISHTA, Secretary to the Govt. of India. UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. MGIPMRND—2017GI(S3)—20-12-2022.

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