CHAPTER VI
POWER OF STATE GOVERNMENT TO FACILITATE AND ENFORCE
EFFICIENT USE OF ENERGY AND ITS CONSERVATION
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| Power of
State Government to enforce certain provisions for
efficient use of energy and its conservation |
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The State Government
may, by notification, in consultation with the Bureau
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(a) amend the energy
conservation building codes to suit the regional and
local climatic conditions and may, by rules made by
it, specify and notify energy conservation building
codes with respect to use of energy in the buildings; |
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(b) direct every
owner or occupier of a building or building complex
being a designated consumer to comply with the provisions
of the energy conservation building codes; |
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(c) direct, if considered
necessary for efficient use of energy and its conservation,
any designated consumer referred to in clause (b)
to get energy audit conducted by an accredited energy
auditor in such manner and at such intervals of time
as may be specified by regulations; |
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(d) designate any agency as designated
agency to coordinate, regulate and enforce provisions
of this Act within the State; |
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(e) take all measures necessary to
create awareness and disseminate information for efficient
use of energy and its conservation; |
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(f) arrange and organise training
of personnel and specialists in the techniques for
efficient use of energy and its conservation; |
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(g) take steps to encourage preferential
treatment for use of energy efficient equipment or
appliances; |
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(h) direct, any designated consumer
to furnish to the designated agency, in such form
and manner and within such period as may be specified
by rules made by it, information with regard to the
energy consumed by such consumer; |
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(i) specify the matters to be included
for the purposes of inspection under sub-section (2)
of section 17; |
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(1) The State Government shall constitute
a Fund to be called the State Energy Conservation
Fund for the purposes of promotion of efficient use
of energy and its conservation within the State. |
Establishment of Fund by State Government |
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(2) To the Fund shall be credited
all grants and loans that may be made by the State
Government or, Central Government or any other organization
or individual for the purposes of this Act. |
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(3) The Fund shall be applied for
meeting the expenses incurred for implementing the
provisions of this Act |
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(4) The Fund created under sub-section
(l) shall be administered by such persons or any authority
and in such manner as may be specified in the rules
made by the State Government |
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(1) The designated agency may appoint,
after the expiry of five years from the date of commencement
of this Act, as many inspecting officers as may be
necessary for the purpose of ensuring compliance with
energy consumption standard specified under clause
(a) of section 14 or ensure display of particulars
on label on equipment or appliances specified under
clause (b) of section 14 or for the purpose of performing
such other functions as may be assigned to them. |
Power of inspection |
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(2) Subject to any rules made under
this Act, an inspecting officer shall have power to
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(a) inspect any operation carried
on or in connection with the equipment or appliance
specified under clause (b) of section 14 or in respect
of which energy standards under clause (a) of section
14 have been specified; |
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(b) enter any place of designated
consumer at which the energy is used for any activity
and may require any proprietor, employee, director,
manager or secretary or any other person who may be
attending in any manner to or helping in, carrying
on any activity with the help of energy - |
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(i) to afford him necessary facility
to inspect - |
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(A) any equipment or appliance as
he may require and which may be available at such
place; |
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(B) any production process to ascertain
the energy consumption norms and standards; |
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(ii) to make an inventory of stock
of any equipment or appliance checked or verified
by him; |
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(iii) to record the statement of
any person which may be useful for, or relevant to,
for efficient use of energy and its conservation under
this Act. |
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(3) An inspecting officer may enter
any place of designated consumer - |
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(a) where any activity with the help
of energy is carried on; and |
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(b) where any equipment or appliance
notified under clause (b) of section 14 has been kept, |
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during the hours at which such places
is open for production or conduct of business connected
therewith. |
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(4) An inspecting officer acting
under this section shall, on no account, remove or
cause to be removed from the place wherein he has
entered, any equipment or appliance or books of accounts
or other documents. |
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| Power of Central Government or State
Government to issue directions |
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The Central Government or the State
Government may, in the exercise of its powers and
performance of its functions under this Act and for
efficient use of energy and its conservation, issue
such directions in writing as it deems fit for the
purposes of this Act to any person, officer, authority
or any designated consumer and such person, officer
or authority or any designated consumer shall be bound
to comply with such directions. |
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Explanation – For the avoidance of
doubts, it is hereby declared that the power to issue
directions under this section includes the power to
direct – |
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(a) regulation of norms for process
and energy consumption standards in any industry or
building or building complex; or |
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(b) regulation of the energy consumption
standards for equipment and appliances. |
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