CHAPTER
II
BUREAU OF ENERGY EFFICIENCY |
| |
3 |
(1) With effect from
such date as the Central Government may, by notification,
appoint, there shall be established, for the purposes
of this Act, a Bureau to be called the Bureau of Energy
Efficiency |
Establishment and incorporation
of Bureau of Energy Efficiency |
| |
|
(2) The Bureau shall
be a body corporate by the name aforesaid having perpetual
succession and a common seal, with power subject to
the provisions of this Act, to acquire, hold and dispose
of property, both movable and immovable, and to contract,
and shall, by the said name, sue or be sued. |
|
| |
|
(3) The head office of
the Bureau shall be at Delhi |
|
| |
|
(4) The Bureau may establish
offices at other places in India. |
|
| |
4 |
(1) The general superintendence,
direction and management of the affairs of the Bureau
shall vest in the Governing Council which shall consists
of not less than twenty, but not exceeding twenty-six
members to be appointed by the Central Government. |
Management of Bureau |
| |
|
(2) The Governing Council
shall consist of the following members, namely:- |
|
| |
|
(a) the Minister in charge
of the Ministry or Department of the Central Government
dealing with the Power |
ex officio Chairperson; |
|
| |
|
(b) the Secretary to the Government
of India, in charge of the Ministry or Department
of the Central Government dealing with the Power |
ex officio
member |
|
| |
|
(c) the Secretary to the Government
of India, in charge of the Ministry or Department
of the Central Government dealing with the Petroleum
and Natural Gas |
ex officio
member |
|
| |
|
(d) the Secretary to the Government
of India, in charge of the Ministry or Department
of the Central Government dealing with the Coal |
ex officio
member |
|
| |
|
(e) the Secretary to the Government
of India, in charge of the Ministry or Department
of the Central Government dealing with the Non-conventional
Energy Sources |
ex officio
member |
|
| |
|
(f) the Secretary to the Government
of India, in charge of the Ministry or Department
of the Central Government dealing with the Atomic
Energy |
ex officio
member |
|
| |
|
(g) the Secretary to the Government
of India, in charge of the Ministry or Department
of the Central Government dealing with the Consumer
Affairs |
ex officio
member |
|
| 54 of 1948 |
|
(h) Chairman of the Central Electricity
Authority established under the Electricity (Supply)
Act, 1948 |
ex officio
member |
|
| Karnataka Act 17 of 1960 |
|
(i) Director-General of the Central
Power Research Institute registered under the Karnataka
Societies Act, 1960 |
ex officio
member |
|
| XXI of 1860 |
|
(j) Executive Director of the Petroleum
Conservation Research Association, a society registered
under the Societies Registration Act, 1860 |
ex officio
member |
|
| 1 of 1956 |
|
(k) Chairman-cum-Managing Director
of the Central Mine Planning and Design Institute
Limited, a company incorporated under the Companies
Act, 1956 |
ex officio
member |
|
| |
|
(l) Director-General of the Bureau
of Indian Standards established under the Bureau of
Indian Standards Act, 1986 |
ex officio
member |
63 of 1986 |
| |
|
(m) Director-General of the National
Test House, Department of Supply, Ministry of Commerce
and Industry, Kolkata |
ex officio
member |
|
| |
|
(n) Managing Director of the Indian
Renewable Energy Development Agency Limited, a company
incorporated under the Companies act, 1956 |
ex officio
member |
63 of 1986 |
| |
|
(o) one member each from five power
regions representing the States of the region to be
appointed by the Central Government |
member; |
|
| |
|
(p) such number of persons, not exceeding
four as may be prescribed, to be appointed by the
Central Government as members from amongst persons
who are in the opinion of the Central Government capable
of representing industry, equipment and appliance
manufacturers, architects and consumers |
members; |
|
| |
|
(q) such number of persons, not exceeding
two as may be nominated by the Governing Council as
members |
members; |
|
| |
|
(r) Director-General of Bureau |
ex officio member – secretary; |
|
| |
|
(3)
The Governing Council may exercise all powers and
do all acts and things which may be exercised or done
by the Bureau. |
|
| |
|
(4) Every member referred
to in clause (o), (p) and (q) of sub-section (2) shall
hold office for a term of three years from the date
on which he enters upon his office. |
|
| |
|
(5) The fee and allowances
to be paid to the members referred to in clauses (o),
(p) and (q) of sub-section (2) and the manner of filling
up of vacancies and the procedure to be followed in
the discharge of their functions shall be such as
may be prescribed. |
|
| Meetings of Governing Council |
5 |
(1) The Governing Council
shall meet at such times and places, and shall observe
such rules of procedure in regard to the transaction
of business as its meetings (including quorum of such
meetings) as may be provided by regulations |
|
| Meetings of Governing Counci |
|
(2) The Chairperson or,
if for any reason, he is unable to attend a meeting
of the Governing Council, any other member chosen
by the members present from amongst themselves at
the meeting shall preside at the meeting. |
|
| |
|
(3) All questions which
come up before any meeting of the Governing Council
shall be decided by a majority vote of the members
present and voting, and in the event of an equality
of votes, the Chairperson or his absence, the person
presiding, shall have second or casting vote. |
|
| Vacancies etc., not to
invalidate proceedings of Bureau, Governing Council
or Committee |
6 |
No act or proceeding
of the Bureau or the Governing Council or any Committee
shall be invalid merely by reason of -
|
|
| (a) any
vacancy in, or any defect in the constitution of,
the Bureau or the Governing Council or the Committee;
or |
| (b) any
defect in the appointment of a person acting as a
Director-General or Secretary of the Bureau or a member
of the Governing Council or the Committee; or |
| (c) any
irregularity in the procedure of the Bureau or the
Governing Council or the Committee not affecting the
merits of the case. |
| Removal of member from office |
7 |
The Central Government
shall remove a member referred to in clause (o), (p)
and (q) of sub-section (2) of section 4 from office
if he — |
|
| |
|
(a) is, or at any time
has been, adjudicated as insolvent; |
|
| |
|
(b) is of unsound mind
and stands so declared by a competent court; |
|
| |
|
(c) has been convicted
of an offence which, in the opinion of the Central
Government, involves a moral turpitude; |
|
| |
|
(d) has, in the opinion
of the Central Government, so abused his position
as to render his continuation in office detrimental
to the public interest: Provided that no member shall
be removed under this clause unless he has been given
a reasonable opportunity of being heard in the matter.
|
|
| |
8 |
(1) Subject to any regulations
made in this behalf, the Bureau shall, within six
months from the date of commencement of this Act,
constitute Advisory Committees for the efficient discharge
of its functions. |
Constitution of Advisory Committees
and other committees |
| |
|
(2) Each Advisory Committee
shall consist of a Chairperson and such other members
as may be determined by regulations. |
|
| |
|
(3) Without prejudice
to the powers contained in sub-section (1), the Bureau
may constitute, such number of technical committees
of experts for the formulation of energy consumption
standards or norms in respect of equipment or processes,
as it considers necessary. |
|
| |
9 |
(1) The Central Government
shall, by notification, appoint a Director-General
from amongst persons of ability and standing, having
adequate knowledge and experience in dealing with
the matters relating to energy production, supply
and energy management standarisation and efficient
use of energy and its conservation |
Director-General of Bureau |
| |
|
(2) The Central Government
shall, by notification appoint any person not below
the rank of Deputy Secretary to the Government of
India as Secretary of the Bureau |
|
| |
|
(3) The Director-General
shall hold office for a term of three years from the
date on which he enters upon his office or until he
attains the age of sixty years, whichever is earlier |
|
| |
|
(4) The salary and allowances
payable to the Director-General and other terms and
conditions of his service and other terms and conditions
of service of the Secretary of the Bureau shall be
such as may be prescribed |
|
| |
|
(5) Subject to general
superintendence, direction and management of the affairs
by the Governing Council, the Director-General of
the Bureau shall be the Chief Executive Authority
of the Bureau |
|
| |
|
(6) The Director-General
of the Bureau shall exercise and discharge such powers
and duties of the Bureau as may be determined by regulations |
|
| |
10 |
(1) The Central Government
may appoint such other officers and employees in the
Bureau as it considers necessary for the efficient
discharge of its functions under this Act. |
Officers and employees of Bureau |
| |
|
(2) The terms and conditions
of service of officers and other employees of the
Bureau appointed under sub-section (1) shall be such
as may be prescribed. |
|
| |
11 |
All orders and decisions
of the Bureau shall be authenticated by the signature
of the Director-General or any other officer of the
Bureau authorised by the Director-General in this
behalf. |
Authentication of orders and decisions
of Bureau |