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ENERGY CONSERVATION (AMENDMENT) ACT 2010

THE ENERGY CONSERVATION (AMENDMENT) ACT, 2010
NO. 28 OF 2010
[24th August, 2010.]
An Act to amend the Energy Conservation Act, 2001.
BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:--
1. Short title. - This Act may be called
the Energy Conservation (Amendment) Act, 2010.
2. Amendment of section 2. - In section 2 of the Energy Conservation Act, 2001 (hereinafter referred to as the
principal Act),--
(i) in clause (a), for the words "an auditor possessing qualifications specified
under", the words
"an energy auditor accredited in accordance with the provisions of" shall be substituted;
(ii) in clause (b), for
the words and figures "established under section 30", the words and
figures "referred to in section 30" shall be substituted;
(iii)
for clause (c), the following clause shall be substituted, namely:--
`(c) "building" means any structure or erection or part of structure
or erection after the
rules relating to energy conservation building codes have been notified under clause (p) of
section 14 and
clause (a) of section 15 and includes any existing structure or erection or part of
structure or erection, which is having a connected
load of 100 Kilowatt (kW) or contract
demand of
120 Kilo- volt Ampere (kVA) and above and is used or intended to be used for commercial
purposes;';
(iv) after clause (m), the following clauses shall be inserted, namely:--
`(ma) "energy savings certificate" means any
energy savings certificate issued to the
designated consumers under sub-section (1) of section 14A;
(maa) "equipment or appliance"
means any equipment or appliance which consumes,
generates, transmits or supplies energy and includes any device that consumes any
form of
energy and produces a desired work;'.
3. Amendment of section 9. - In section 9 of the principal Act, in sub-section (3),
for the words "three years",
the words "five years" shall be substituted.
4. Amendment of section 10. - In section 10 of the principal
Act, in sub-section (1), for the words "The Central
Government", the words "The Bureau" shall be substituted.
5. Amendment of section
13. - In section 13 of the principal Act, in sub-section (2),--
(i) after clause (a), the following clause shall be inserted, namely:--
"(aa) recommend to the Central Government for issuing of the energy savings certificate
under section 14A;";
(ii) for clause (p),
the following clause shall be substituted, namely:--
"(p) specify, by regulations, the qualifications, criteria and conditions subject
to which a
person may be accredited as an energy auditor and the procedure for such accreditation;";
(iii) in clause (r), for the
words "energy managers", the words "energy auditors and energy
managers" shall be substituted;
(iv) after clause (s), the following
clause shall be inserted, namely:--
"(sa) conduct examination for capacity building and strengthening of services in the field
of
energy conservation including certification of energy managers and energy auditors.".
6. Amendment of section 14. - In section 14
of the principal Act,--
(i) in clause (c), for the proviso, the following provisos shall be substituted, namely:--
"Provided that
no notification prohibiting manufacture or sale or purchase or import of
equipment or appliance shall be issued within a period of
six months from the date of
notification issued under clause (a) of this section:
Provided further that the Central Government may,
having regard to the market share and
the technological development having impact on equipment or appliance, and for reasons to be
recorded in writing, extend the said period of six months referred to in the first proviso by a
further period not exceeding six
months;";
(ii) in clause (e), for the words "any user or class of users of energy as a designated consumer",
the words "any user
or class of users of energy in the energy intensive industries and other
establishments as specified in the Schedule as a designated
consumer" shall be substituted;
(iii) in clause (m), for the words "energy managers", the words "energy auditors and energy
managers"
shall be substituted;
(iv) in clause (o), for the words "such form and manner", the words "such form, the time
within which and the
manner" shall be substituted.
7. Insertion of new sections 14A and 14B. - After section 14 of the principal Act, the following sections
shall be
inserted, namely:--
"14A. Power of Central Government to issue energy savings certificate. - (1) The Central Government may
issue the energy savings certificate
to the designated consumer whose energy consumption is less
than the prescribed norms and standards in accordance with the procedure
as may be prescribed.
(2) The designated consumer whose energy consumption is more than the prescribed norms and
standards shall
be entitled to purchase the energy savings certificate to comply with the prescribed
norms and standards.
14B. Power of Central Government
to specify value of energy. - The Central Government may, in
consultation with the Bureau, prescribe the value of per metric ton
of oil equivalent of energy
consumed for the purposes of this Act.".
8. Amendment of section 26. - In section 26 of the principal
Act,--
(a) in sub-section (1),--
(i) the words, brackets and letter "or clause (n)" shall be omitted;
(ii) for the words "ten thousand
rupees", the words "ten lakh rupees" shall be substituted;
(iii) for the words "one thousand rupees", the words "ten thousand rupees"
shall be
substituted;
(b) after sub-section (1), the following sub-section shall be inserted, namely:--
"(1A) If any person fails
to comply with the provisions of clause (n) of section 14, he
shall be liable to a penalty which shall not exceed ten lakh rupees
and, in the case of continuing
failure, with an additional penalty which shall not be less than the price of every metric ton of
oil equivalent of energy, prescribed under this Act, that is in excess of the prescribed norms.".
9. Substitution of new section
for section 30. - For section 30 of the principal Act, the following section shall
be substituted, namely:--
"30. Appellate Tribunal.
- The Appellate Tribunal established under section 110 of the Electricity
Act, 2003 shall, without prejudice to the provisions of
the Electricity Act, 2003, be the Appellate
Tribunal for the purposes of this Act and hear appeals against the orders of the adjudicating
officer or
the Central Government or the State Government or any other authority under this Act.".
10. Insertion of new section 31A.
- After section 31 of the principal Act, the following section shall be inserted,
namely:--
"31A. Procedure and powers of Appellate
Tribunal. - The provisions of sections 120 to 123 (both
inclusive ) of the Electricity Act, 2003 shall, mutatis mutandis, apply to
the Appellate Tribunal in the
discharge of its functions under this Act as they apply to it in the discharge of its function under
the
Electricity Act, 2003.".
11. Omission of sections 32 to 43. - Sections 32 to 43 of the principal Act shall be omitted.
12. Amendment
of section 54. - In section 54 of the principal Act, the words "Chairperson of the Appellate
Tribunal or the Members of the Appellate
Tribunal or officers or employees of the Appellate Tribunal or
the Members of the State Commission or the" shall be omitted.
13.
Amendment of section 56. - In section 56 of the principal Act, in sub-section (2),--
(i) in clause (j), for the words "energy managers",
the words "energy auditors and energy
managers" shall be substituted;
(ii) after sub-clause (l), the following clauses shall be inserted,
namely:--
"(la) prescribing the procedure for issuing the energy savings certificate under sub-
section (1) of section 14A;
(laa)
the value of per metric ton of oil equivalent of energy consumed under section
14B;";
(iii) clauses (s), (t) and (u) shall be omitted.
14. Amendment of section 58. - In section 58 of the principal Act, in sub-section (2),--
(a) for clause (f), the following clause
shall be substituted, namely:--
"(f) the qualifications, criteria and conditions subject to which a person may be accredited as an
energy auditor and the procedure for such accreditation under clause (p) of sub-section (2) of
section 13;";
(b) in clause (h), for
the words "energy managers", the words "energy auditors and energy managers"
shall be substituted.
15. Amendment of the Schedule.
- In the Schedule to the principal Act, in the heading, the words "specified as
designated consumers" shall be omitted.
16. Amendment of certain enactment.
- he enactment specified in the Schedule to this Act shall be amended in the
manner specified therein.
THE SCHEDULE
(See section
16)
AMENDMENT TO THE ELECTRICITY ACT, 2003
(36 OF 2003)
In section 110, for the words "under this Act", the words "under this Act
or any other law for the time
being in force" shall be substituted.
V. K. BHASIN,
Secy. to the Govt. of India.