Power of Central Government to enforce efficient use of energy and its conservation

Section 14 of the Energy Conservation Act, 2001 deals with power of Central Government to enforce efficient use of energy and its conservation. The Central Government may, by notification, in consultation with the Bureau,-- (a) specify the norms for processes and energy consumption standards for any equipment, [appliance, vehicle, vessel, industrial unit, building or establishment which consumes, generates, transmits or supplies energy; The Act came into force on 28 Jun 2012.

The Central Government may, by notification, in consultation with the Bureau,--

(a) specify the norms for processes and energy consumption standards for any equipment, ¹ [appliance, vehicle, vessel, industrial unit, building or establishment which consumes, generates, transmits or supplies energy; ]

(b) specify equipment or appliance ² [or vehicle, vessel, industrial unit, building or establishment ] or class of equipments or appliances, as the case may be, for the purposes of this Act;

³[(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:

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 month;]

(d) direct display of such particulars on label on equipment or on appliance specified under clause (b) and in such manner as may be specified by regulations;

(e) specify, having regard to the intensity or quantity of energy consumed and the amount of investment required for switching over to energy efficient equipments and capacity of industry to invest in it and availability of the energy efficient machinery and equipment required by the industry, ⁴[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] for the purposes of this Act;

(f) alter the list of Energy Intensive Industries ⁵[and other establishments ] specified in the Schedule;

(g) establish and prescribe such energy consumption norms and standards for designated consumers as it may consider necessary:

Provided that the Central Government may prescribe different norms and standards for different designated consumers having regard to such factors as may be prescribed;

(h) direct, having regard to quantity of energy consumed or the norms and standards of energy consumption specified under clause (a), the Energy Intensive Industries ⁶and other establishments] specified in the Schedule to get energy audit conducted by an accredited energy auditor in such manner and intervals of time as may be specified by regulations;

(i) direct, if considered necessary for efficient use of energy and its conservation, any designated consumer to get energy audit conducted by an accredited energy auditor;

(j) specify the matters to be included for the purposes of inspection under sub-section (2) of section 17;

(k) direct any designated consumer to furnish to the designated agency, in such form and manner and within such period, as may be prescribed, the information with regard to the energy consumed and action taken on the recommendation of the accredited energy auditor;

(l) direct any designated consumer to designate or appoint ⁷[energy auditor or energy manager ] in charge of activities for efficient use of energy and its conservation and submit a report, in the form and manner as may be prescribed, on the status of energy consumption at the end of every financial year to the designated agency;

(m) prescribe minimum qualification for ⁸[energy auditors and energy managers] to be designated or appointed under clause (l);

(n) direct every designated consumer to comply with energy consumption norms and standards;

(o) direct any designated consumer, who does not fulfil the energy consumption norms and standards prescribed under clause (g), to prepare a scheme for efficient use of energy and its conservation and implement such scheme keeping in view the economic viability of the investment in ⁹[such form, the time within which and the manner] as may be prescribed;

(p) prescribe ⁹[energy conservation and sustainable building codes] for efficient use of energy and its conservation in the building or building complex;

(q) amend the ⁹[energy conservation and sustainable building codes] to suit the regional and local climatic conditions;

(r) direct every owner or occupier of the building or building complex, being a designated consumer to comply with the provisions of ⁹[energy conservation and sustainable building codes] for efficient use of energy and its conservation;

(s) direct, any designated consumer referred to in clause (r), if considered necessary, for efficient use of energy and its conservation in his building to get energy audit conducted in respect of such building by an accredited energy auditor in such manner and intervals of time as may be specified by regulations;

(t) take all measures necessary to create awareness and disseminate information for efficient use of energy and its conservation;

(u) arrange and organise training of personnel and specialists in the techniques for efficient use of energy and its conservation;

(v) take steps to encourage preferential treatment for use of energy efficient equipment or appliances:

¹⁰ [(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;]

Provided that the powers under clauses (p) to (s) shall be exercised in consultation with the concerned State.

Section 14, The Energy Conservation Act, 2001 (Act 52 of 2001).