Energy Conservation - Pdf Download

Hi everyone,

hope all of you who are in Personnel/ admin, must be aware about the Energy Conservation Building code which ahs come into force recently.

am encl ECBC standard both in pdf/ within the body of the text (for people having slow internet connection)

surya

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Energy Conservation Building Code 2006. Energy Conservation on Building Code 2006. Energy Conservation Building Code 2006

Bureau of Energy Efficiency

ENERGY CONSERVATION

BUILDING CODE

2006

Energy Conservation Building Code

2006

The Energy Conservation Building Code (ECBC) 2006 has been developed by the

International Institute for Energy Conservation (IIEC) under contract with the United

States Agency for International Development (USAID) as a part of the Energy

Conservation and Commercialization (ECO) Project providing support to the Bureau

of Energy Efficiency (BEE) Action Plan.

US Agency for International Development

International Institute for Energy Conservation

Energy Conservation Building Code 2006 iii

Energy Conservation Building Code - Project Team

Tanmay Tathagat, IIEC, Project Manager

�� Alpana Jain, IIEC �� Joe Derringer, TDG

�� Charles Eley, AEC �� John Armstrong, PA Consulting

�� Charlie Yu, AEC �� John Hogan

�� G C Modgil, ISHRAE �� Mark Hydeman, Taylor Engineering

�� H.S. Mamak, Renaissance �� T R Pai, Thorn Lighting

�� Jim Benya, Benya Lighting Design �� Tianzhen Hong, AEC

Supported by

�� Deepak Gahlowt, CCPS �� Dharminder Singh, DSCL

�� Dolly Jain, IIEC �� Anand Jain, AIFGMA

�� Sachin Malik

Energy Conservation Building Code - Committee of Experts

Dr. N. K. Bansal, Chair

�� Abdul Bengali �� Monsingh Devadas

�� Anil Misra �� N. Puri

�� Ashok Kumar �� N.K. Garg

�� Atul Saxena �� P. Krishan

�� Bhavani Prasad �� P.S Chaddha

�� Dipak Khandare �� Pradeep Kumar

�� G.C. Datta Roy �� S.C. Mullick

�� I.C. Sharma �� S.R. Choudhary

�� K.K. Trivedi �� Sanjay Dube

�� K.K. Chakarvati �� S.S. Talwar

�� K.K. Mitra �� Sanjay Prakash

�� Kunwar Narayan �� Satish Sabharwal

�� M.M Pande �� Subhasis Neogi

�� Manish Srivastava �� Sukesh Kakkar

�� Mili Majumdar �� Sunil Bajaj

�� Manoj Chandel �� T.H. Teckchandani

�� �� Vipul Shah

Energy Conservation Building Code 2006 iv

Energy Conservation Building Code - Contributing Organizations

�� All India Flat Glass Manufacturers Association (AIFGMA)

�� Builders Association of India (BAI)

�� Building Materials and Technology Promotion Council (BMTPC)

�� Bureau of Indian Standards (BIS)

�� Carrier Aircon Limited

�� Central Building Research Institute, Roorkee (CBRI)

�� Central Public Works Department (CPWD)

�� Confederation of Construction Products and Services (CCPS)

�� Confederation of Indian Industry (CII)

�� Council Of Architects (COA)

�� Devi Ahilya Vishwa Vidyalaya, Indore

�� DSCL Energy Services

�� Electric Lamp and Component Manufacturers Association of India (ELCOMA)

�� Indian Buildings Congress (IBC)

�� Indian Institute of Architects (IIA)

�� Indian Institute of Technology, Delhi (IIT-Delhi)

�� Indian Institute of Technology, Roorkee (IIT- Roorkee)

�� International Copper Promotion Council, India (ICPCI)

�� Indian Society of Heating Refrigeration and Air-conditioning Engineers (ISHRAE)

�� Lloyd Insulations (India) Limited

�� Maharashtra Energy Development Agency, Pune (MEDA)

�� Saint-Gobain Glass India Ltd.

�� School of Architecture and Planning. Chennai (SAP)

�� School of Building Science and Technology, C.E.P.T.

�� Shri Mata Vaishno Devi University

�� Solar Energy Society of India (SESI)

�� The Energy Resource Institute (TERI)

�� UP Twiga Fiberglass Limited

Energy Conservation Building Code 2006 v

Acknowledgment

The Energy Conservation Building Code (ECBC) is a result of exceptional teamwork. The

members of the IIEC team, the Committee of Experts (COE), and independent experts

worked closely to develop a comprehensive ECBC. IIEC acknowledges the team members

from PA Consulting, The Deringer Group, Architecture Energy Corporation, and Benya

Lighting Design. The ECBC depends on the background research and market data collected

and collated with help from CCPS, DSCL and all members of the COE. Mr. John Hogan

reviewed the ECBC drafts and helped in shaping up the final document. Mr. G. C. Modgil, Mr.

H. S. Mamak, Mr. T. R. Pai, Mr. Deepak Gahlowt, Mr. G. C. Datta Roy helped in developing

the technical sections of the ECBC and provided detailed reviews of the drafts.

Mr. R. V. Shahi, Secretary (Power) guided this first Indian ECBC. Constant encouragement by

Mr. V. S. Verma, DG, BEE, with his keen insight into energy efficiency potential in buildings,

ensured a technical rigor in the ECBC development methodology. Mr. Gireesh Pradhan, JS

(EC), MOP, provided valuable guidance to ensure that ECBC is written for effective

implementation.

Mr. S. Padmanaban, Sr. Advisor and Dr. (Ms.) Archana Walia, Program Manager, of USAID

provided constant support and guidance to the program. Their resolute support ensured that

the ECBC development process could respond to the challenges of developing a

comprehensive ECBC in such a short timeframe.

Special thanks are due to the members of COE, especially Mr. Sanjay Prakash, Mr. Bhavani

Prasad, Mr. P. Krishan, Mr. A. B. Lal, Ms. Mili Majumdar, Mr. Pradeep Kumar, and Mr. Anand

Jain for their detailed inputs into the ECBC development as well as subsequent reviews and

revisions of the draft.

Table of Contents

Energy Conservation Building Code 2006 vi

Table of Contents

1. Purpose........................................... .................................................. .................................................. ........ 1

2. Scope............................................. .................................................. .................................................. ......... 2

2.1 Applicable Building Systems .................................................. .................................................. ........... 2

2.2 Exemptions .................................................. .................................................. .................................... 2

2.3 Safety, Health and Environmental Codes Take Precedence .................................................. ............ 2

3. Administration and Enforcement....................................... .................................................. ......................... 3

3.1 Compliance Requirements...................................... .................................................. .......................... 3

3.2 Compliance Approaches .................................................. .................................................. ................. 4

3.3 Administrative Requirements .................................................. .................................................. .......... 4

3.4 Compliance Documents .................................................. .................................................. .................. 4

4. Envelope.......................................... .................................................. .................................................. ....... 6

4.1 General .................................................. .................................................. .......................................... 6

4.2 Mandatory Requirements...................................... .................................................. ........................... 6

4.3 Prescriptive Requirements .................................................. .................................................. .............. 6

4.4 Building Envelope Trade-Off Option .................................................. ................................................. 9

5. Heating, Ventilation and Air Conditioning .................................................. ................................................ 10

5.1 General .................................................. .................................................. ........................................ 10

5.2 Mandatory Requirements...................................... .................................................. .......................... 10

5.3 Prescriptive Requirements .................................................. .................................................. ............ 15

6. Service Hot Water and Pumping........................................... .................................................. ................... 17

6.1 General .................................................. .................................................. ........................................ 17

6.2 Mandatory Requirements...................................... .................................................. .......................... 17

7. Lighting .................................................. .................................................. ................................................. 20

7.1 General .................................................. .................................................. ........................................ 20

7.2 Mandatory Requirements...................................... .................................................. .......................... 20

7.3 Interior Lighting Power .................................................. .................................................. .................. 21

7.4 Exterior Lighting Power .................................................. .................................................. ................. 25

8. Electrical Power .................................................. .................................................. .................................... 27

8.1 General .................................................. .................................................. ........................................ 27

8.2 Mandatory Requirements...................................... .................................................. .......................... 27

9. Appendix A - Definitions, Abbreviations, and Acronyms.......................................... .................................. 30

9.1 General .................................................. .................................................. ........................................ 30

9.2 Definitions .................................................. .................................................. .................................... 30

9.3 Abbreviations and Acronyms .................................................. .................................................. ........ 40

10. Appendix B – Whole Building Performance Method .................................................. ................................ 42

10.1 General .................................................. .................................................. ........................................ 42

10.2 Simulation General Requirements .................................................. .................................................. 42

10.3 Calculating the Energy Consumption of the Proposed Design and the Standard Design................. 43

11. Appendix C - IP Table Conversions....................................... .................................................. .................. 47

12. Appendix D – Default Values for Typical Constructions .................................................. .......................... 53

12.1 Procedure for Determining Fenestration Product U-Factor and Solar Heat Gain Coefficient........... 53

12.2 Default U-Factors and Solar Heat Gain Coefficients for Unrated Fenestration Products ................. 54

12.3 Typical Roof Constructions .................................................. .................................................. ........... 54

12.4 Typical Wall Constructions..................................... .................................................. ......................... 55

13. Appendix E – Building Envelope Tradeoff Method .................................................. .................................. 57

14. Appendix F – Climate Zone Map Of India............................................. .................................................. ... 60

15. Appendix G – Air-Side Economizer Acceptance Procedures .................................................. .................. 61

15.1 Construction Inspection........................................ .................................................. ........................... 61

15.2 Equipment Testing .................................................. .................................................. ........................ 61

Table of Contents

Energy Conservation Building Code 2006 vii

16. Appendix H – Compliance Forms .................................................. .................................................. .......... 62

16.1 Envelop Summary........................................... .................................................. ............................... 62

16.2 Building Permit Plans Checklist......................................... .................................................. .............. 63

16.3 Mechanical Summary........................................... .................................................. ........................... 64

16.4 Mechanical Checklist......................................... .................................................. ............................. 65

16.5 Lighting Summary .................................................. .................................................. ......................... 66

16.6 Lighting Permit Checklist......................................... .................................................. ........................ 67

Purpose

Energy Conservation Building Code 2006 Page 1

1. Purpose

The purpose of this code is to provide minimum requirements for the energy-efficient design

and construction of buildings.

Scope

Energy Conservation Building Code 2006 Page 2

2. Scope

The code is mandatory for commercial buildings or building complexes that have a connected

load of 500 kW or greater or a contract demand of 600 kVA or greater. The code is also

applicable to all buildings with a conditioned floor area of 1,000 m2 (10,000 ft2) or greater.

The code is recommended for all other buildings.

2.1 Applicable Building Systems

The provisions of this code apply to:

(a) Building envelopes, except for unconditioned storage spaces or warehouses,

(b) Mechanical systems and equipment, including heating, ventilating, and air

conditioning,

(c) Service hot water heating,

(d) Interior and exterior lighting, and

(e) Electrical power and motors.

2.2 Exemptions

The provisions of this code do not apply to:

(a) Buildings that do not use either electricity or fossil fuel,

(b) Equipment and portions of building systems that use energy primarily for

manufacturing processes, and

(c) Multi-family buildings of three or fewer stories above grade, and single-family

buildings.

2.3 Safety, Health and Environmental Codes Take Precedence

Where this code is found to conflict with safety, health, or environmental codes, the safety,

health, or environmental codes shall take precedence.

Administration and Enforcement

Energy Conservation Building Code 2006 Page 3

3. Administration and Enforcement

3.1 Compliance Requirements

3.1.1 Mandatory Requirements

Compliance with the requirements of this energy code shall be mandatory for all applicable

buildings discussed in §2.

3.1.2 New Buildings

New buildings shall comply with either the provisions of §4 through §8 of this code or the

Energy Budget Method of §10.

3.1.3 Additions to Existing Buildings

Where the addition plus the existing building exceeds the conditioned floor area threshold of

§2, additions shall comply with the provisions of §4 through §8. Compliance may be

demonstrated in either of the following ways:

(a) The addition alone shall comply with the applicable requirements, or

(b) The addition, together with the entire existing building, shall comply with the

requirements of this code that would apply to the entire building, as if it were a new

building.

Exception to § 3.1.3: When space conditioning is provided by existing systems and

equipment, the existing systems and equipment need not comply with this code. However,

any new equipment installed must comply with specific requirements applicable to that

equipment.

3.1.4 Alterations to Existing Buildings

Where the existing building exceeds the conditioned floor area threshold in §2, portions of a

building and its systems that are being altered shall meet the provisions of §4 through §8.

The specific requirements for alterations are described in the following subsections.

Exception to § 3.1.4: When the entire building complies with all of the provisions of §4

through §8 as if it were a new building.

3.1.4.1 Building Envelope

Alterations to the building envelope shall comply with the requirements of §4 for fenestration,

insulation, and air leakage applicable to the portions of the buildings and its systems being

altered.

Exception to § 3.1.4.1: The following alterations need not comply with these requirements

provided such alterations do not increase the energy usage of the building:

(a) Replacement of glass in an existing sash and frame, provided the U-factor and SHGC

of the replacement glazing are equal to or lower than the existing glazing,

(b) Modifications to roof/ceiling, wall, or floor cavities, which are insulated to full depth

with insulation, and

(c) Modifications to walls and floors without cavities and where no new cavities are

created.

3.1.4.2 Heating, Ventilation and Air Conditioning

Alterations to building heating, ventilating, and air-conditioning equipment or systems shall

comply with the requirements of §5 applicable to the portions of the building and its systems

being altered. Any new equipment or control devices installed in conjunction with the

alteration shall comply with the specific requirements applicable to that equipment or control

device.

Administration and Enforcement

Energy Conservation Building Code 2006 Page 4

3.1.4.3 Service Water Heating

Alterations to building service water heating equipment or systems shall comply with the

requirements of § 6 applicable to the portions of the building and its systems being altered.

Any new equipment or control devices installed in conjunction with the alteration shall comply

with the specific requirements applicable to that equipment or control device.

3.1.4.4 Lighting

Alterations to building lighting equipment or systems shall comply with the requirements of §

7 applicable to the portions of the building and its systems being altered. New lighting

systems, including controls, installed in an existing building and any change of building area

type as listed in Table 7.3.1 shall be considered an alteration. Any new equipment or control

devices installed in conjunction with the alteration shall comply with the specific requirements

applicable to that equipment or control device.

Exception to § 3.1.4.4: Alterations that replace less than 50% of the luminaires in a space

need not comply with these requirements provided such alterations do not increase the

connected lighting load.

3.1.4.5 Electric Power and Motors

Alterations to building electric power systems and motor shall comply with the requirements

of § 8 applicable to the portions of the building and its systems being altered. Any new

equipment or control devices installed in conjunction with the alteration shall comply with the

specific requirements applicable to that equipment or control device.

3.2 Compliance Approaches

The building shall comply with the mandatory provisions (§ 4.2, § 5.2, § 6.2, § 7.2, and §

8.2) and either of the

(a) Prescriptive Method (§ 4.3, § 5.3, § 7.3 and § 7.4), or

Exception to § 3.2(a): The envelope trade-off option of § 4.4 may be used in place of the

prescriptive criteria of § 4.3.

(b) Energy Budget Method (Appendix 10).

3.3 Administrative Requirements

Administrative requirements relating to permit requirements, enforcement, interpretations,

claims of exemption, approved calculation methods, and rights of appeal are specified by the

authority having jurisdiction.

3.4 Compliance Documents

3.4.1 General

Plans and specifications shall show all pertinent data and features of the building, equipment,

and systems in sufficient detail to permit the authority having jurisdiction to verify that the

building complies with the requirements of this code. Details shall include, but are not limited

to:

(a) Building Envelope: insulation materials and their R-values; fenestration U-factors,

solar heat gain coefficients (SHGC), visible light transmittance (if the trade-off

procedure is used), and air leakage; overhangs and sidefins, building envelope

sealing details;

(b) Heating, Ventilation, and Air Conditioning: system and equipment types, sizes,

efficiencies, and controls; economizers; variable speed drives; piping insulation; duct

sealing, insulation and location; requirement for balance report;

(c) Service Hot Water and Pumping: solar water heating system;

(d) Lighting: lighting schedule showing type, number, and wattage of lamps and ballasts;

automatic lighting shutoff, occupancy sensors, and other lighting controls; lamp

Administration and Enforcement

Energy Conservation Building Code 2006 Page 5

efficacy for exterior lamps;

(e) Electrical Power: electric schedule showing transformer losses, motor efficiencies,

and power factor correction devices; electric check metering and monitoring system.

3.4.2 Supplemental Information

The authority having jurisdiction may require supplemental information necessary to verify

compliance with this code, such as calculations, worksheets, compliance forms,

manufacturer’s literature, or other data.

Envelope

Energy Conservation Building Code 2006 Page 6

4. Envelope

4.1 General

The building envelope shall comply with the mandatory provisions of § 4.2 and either the

prescriptive criteria of § 4.3 or the trade-off option of § 4.4.

4.2 Mandatory Requirements

4.2.1 Fenestration

4.2.1.1 U-factors

U-factors shall be determined for the overall fenestration product (including the sash and

frame) in accordance with ISO-15099, as specified in Appendix 12, by an accredited

independent laboratory, and labeled and certified by the manufacturer or other responsible

party. U-factors for sloped glazing and skylights shall be determined at a slope of 20 degrees

above the horizontal. For unrated products, use the default table in Appendix 12.

4.2.1.2 Solar Heat Gain Coefficient (SHGC)

SHGC shall be determined for the overall fenestration product (including the sash and frame)

in accordance with ISO-15099, as specified in Appendix 12, by an accredited independent

laboratory, and labeled and certified by the manufacturer or other responsible party.

Exceptions to § 4.2.1.2:

(a) Shading coefficient (SC) of the center glass alone multiplied by 0.86 is an acceptable

alternate for compliance with the SHGC requirements for the overall fenestration

area.

(b) Solar heat gain coefficient (SHGC) of the glass alone is an acceptable alternate for

compliance with the SHGC requirements for the overall fenestration product.

4.2.1.3 Air Leakage

Air leakage for glazed swinging entrance doors and revolving doors shall not exceed 5.0 l/sm2.

Air leakage for other fenestration and doors shall not exceed 2.0 l/s-m2.

4.2.2 Opaque Construction

U-factors shall be determined from the default tables in Appendix 12 or determined from data

or procedures contained in the ASHRAE Fundamentals, 2005.

4.2.3 Building Envelope Sealing

The following areas of the enclosed building envelope shall be sealed, caulked, gasketed, or

weather-stripped to minimize air leakage:

(a) Joints around fenestration and door frames,

(b) Openings between walls and foundations and between walls and roof and wall

panels,

(c) Openings at penetrations of utility services through, roofs, walls, and floors

(d) Site-built fenestration and doors,

(e) Building assemblies used as ducts or plenums, and

(f) All other openings in the building envelope.

4.3 Prescriptive Requirements

4.3.1 Roofs

Roofs shall comply with either the maximum assembly U-factor or the minimum insulation Rvalue

in Table 4.3.1. R-value is for the insulation alone and does not include building

Envelope

Energy Conservation Building Code 2006 Page 7

materials or air films. The roof insulation shall not be located on a suspended ceiling with

removable ceiling panels.

Table 4.3.1 Roof assembly U-factor and Insulation R-value Requirements*

Climate Zone

24-Hour use buildings

Hospitals, Hotels, Call Centers etc.

Daytime use buildings

Other Building Types

Maximum U-factor

of the overall

assembly

(W/m2-°C)

Minimum R-value of

insulation alone

(m2-°C/W)

Maximum U-factor of the

overall assembly

(W/m2-°C)

Minimum R-value

of insulation alone

(m2-°C/W)

Composite U-0.261 R-3.5 U-0.409 R-2.1

Hot and Dry U-0.261 R-3.5 U-0.409 R-2.1

Warm and Humid U-0.261 R-3.5 U-0.409 R-2.1

Moderate U-0.409 R-2.1 U-0.409 R-2.1

Cold U-0.261 R-3.5 U-0.409 R-2.1

*See Appendix 12.3 for typical complying roof constructions.

4.3.1.1 Cool Roofs

Roofs with slopes less than 20 degrees shall have an initial solar reflectance of no less than

0.70 and an initial emittance no less than 0.75. Solar reflectance shall be determined in

accordance with ASTM E903-96 and emittance shall be determined in accordance with ASTM

E408-71 (RA 1996).

4.3.2 Opaque Walls

Opaque walls shall comply with either the maximum assembly U-factor or the minimum

insulation R-value in Table 4.3.2. R-value is for the insulation alone and does not include

building materials or air films.

Table 4.3.2 Opaque Wall Assembly U-factor and Insulation R-value Requirements

Climate Zone

Hospitals, Hotels, Call Centers

(24-Hour)

Other Building Types

(Daytime)

Maximum U-factor

of the overall

assembly

(W/m2-°C)

Minimum R-value of

insulation alone

(m2-°C/W)

Maximum U-factor of the

overall assembly

(W/m2-°C)

Minimum R-value

of insulation alone

(m2-°C/W)

Composite U-0.352 R-2.35 U-0.352 R-2.35

Hot and Dry U-0.369 R-2.20 U-0.352 R-2.35

Warm and Humid U-0.352 R-2.35 U-0.352 R-2.35

Moderate U-0.431 R-1.80 U-0.397 R-2.00

Cold U-0.369 R-2.20 U-0.352 R-2.35

See Appendix 12.4 for typical complying wall constructions.

Exception to § 4.3.2: Until December 31, 2007, the wall assembly U-factor is allowed to be U-

0.440 maximum or insulation R-2.10 minimum

4.3.3 Vertical Fenestration

Vertical fenestration shall comply with the maximum area weighted U-factor and maximum

area weighted SHGC requirements of Table 4.3.3-1. Vertical fenestration area is limited to a

maximum of 40% of the gross wall area for the prescriptive requirement.

Envelope

Energy Conservation Building Code 2006 Page 8

Table 4.3.3-1 Vertical Fenestration U-factor and SHGC Requirements (U-factor in W/m2-°C)

Climate Maximum U-factor Maximum SHGC

Composite 3.177 0.25

Hot and Dry 3.177 0.25

Warm and Humid 3.177 0.25

Moderate 6.922 0.40

Cold 4.085 0.51

See Appendix 12.2.1 for typical complying vertical fenestration constructions.

Exception to § 4.3.3: Overhangs and/or side fins may be applied in determining the SHGC for

the proposed design. An adjusted SHGC, accounting for overhangs and/or sidefins, is

calculated by multiplying the SHGC of the unshaded fenestration product times a

multiplication (M) factor. If this exception is applied, a separate M Factor shall be determined

for each orientation and unique shading condition.

Table 4.3.3-2 SHGC “M” Factor Adjustments for Overhangs and Fins

Overhang “M” Factors

for 4 Projection

Factors

Vertical Fin “M”

Factors

for 4 Projection

Factors

Overhang+Fin “M”

Factors for 4 Projection

Factors

Project

Location Orientation 0.25-

0.49

-0.50

- 0.74

0.75

-

0.99

1.00

+

0.25

-

0.49

0.50

-

0.74

0.75

-

0.99

1.00

+ 0.25 -

0.49

0.50 -

0.74

0.75 -

0.99

1.00

+

N .88 .80 .76 .73 .74 .67 .58 .52 .64 .51 .39 .31

E/W .79 .65 .56 .50 .80 .72 .65 .60 .60 .39 .24 .16

North

latitude 15°

or greater

S .79 .64 .52 .43 .79 .69 .60 .56 .60 .33 .10 .02

N .83 .74 .69 .66 .73 .65 .57 .50 .59 .44 .32 .23

E/W .80 .67 .59 .53 .80 .72 .63 .58 .61 .41 .26 .16

Less than

15° North

latitude

S .78 .62 .55 .50 .74 .65 .57 .50 .53 .30 .12 .04

Exception to SHGC Requirements in § 4.3.3: Vertical Fenestration areas located more than

2.2 m (7 ft) above the level of the floor are exempt from the SHGC requirement in Table

4.3.3-1, if the following conditions are complied with:

(a) Total Effective Aperture: The total Effective Aperture for the elevation is less than

0.25, including all fenestration areas greater than 1.0 m (3 ft) above the floor level;

and,

(b) An interior light shelf is provided at the bottom of this fenestration area, with an

interior projection factor (PF) not less than:

i. 1.0 for E-W, SE, SW, NE, and NW orientations

ii. 0.5 for S orientation, and

iii. 0.35 for N orientation when latitude is < 23 degrees.

4.3.3.1 Minimum Visible Transmission (VT) of Glazing for Vertical Fenestration

To permit the use of available daylighting in place of electric lighting, glazing products used

in offices, banks, libraries, classrooms with predominant daytime usage, must have the

minimum visual transmittance (VT), defined as function of WWR, where Effective Aperture >

0.1, equal to or greater than the Minimum VT requirements of Table 4.3.3.1. The table also

indicates recommended VT ranges for daylight applications in such spaces.

Envelope

Energy Conservation Building Code 2006 Page 9

Table 4.3.3.1 Minimum VT Requirements

WWR Minimum VT

0 - 0.3 0.27

0.31-0.4 0.20

0.41-0.5 0.16

0.51-0.6 0.13

0.61-0.7 0.11

4.3.4 Skylights

Skylights shall comply with the maximum U-factor and maximum SHGC requirements of

Table 4.3.4 Skylight area is limited to a maximum of 5% of the gross roof area for the

prescriptive requirement.

Table 4.3.4 Skylight U-factor and SHGC Requirements (U-factor in W/m2-°C)

Maximum U-factor Maximum SHGC

Climate With Curb w/o Curb 0-2% SRR 2.1-5% SRR

Composite 11.24 7.717 0.40 0.25

Hot and Dry 11.24 7.717 0.40 0.25

Warm and Humid 11.24 7.717 0.40 0.25

Moderate 11.24 7.717 0.61 0.4

Cold 11.24 7.717 0.61 0.4

SRR = Skylight roof ratio which is the ratio of the total skylight area of the roof, measured to the outside of the frame,

to the gross exterior roof.

See § 12.2.2 for typical complying skylight constructions.

4.4 Building Envelope Trade-Off Option

The building envelope complies with the code if the building envelope performance factor

(EPF) of the proposed design is less than the standard design, where the standard design

exactly complies with the criteria in § 4.3. The envelope trade-off equation is found in

Appendix 13.

Heating, Ventilation and Air Conditioning

Energy Conservation Building Code 2006 Page 10

5. Heating, Ventilation and Air Conditioning

5.1 General

All heating, ventilation and air conditioning equipment and systems shall comply with the

mandatory provisions of § 5.2 and the prescriptive criteria of § 5.3.

5.2 Mandatory Requirements

5.2.1 Natural Ventilation

Natural ventilation shall comply with the design guidelines provided for natural ventilation in

the National Building Code of India 2005 Part 8, 5.4.3 and 5.7.1.1

5.2.2 Minimum Equipment Efficiencies

Cooling equipment shall meet or exceed the minimum efficiency requirements presented in

Tables 5.2.2-1 through 5.2.2-5. Heating and cooling equipment not listed here shall comply

with ASHRAE 90.1-2004 § 6.4.1.

Table 5.2.2-1 Unitary Air Conditioning Equipment

Equipment Class Minimum COP Minimum IPLV Test Standard

Unitary Air Cooled Air Conditioner ≥19 and <40 kW

( ≥5.4 and <11 tons )

3.08 ARI 210/240

Unitary Air Cooled Air Conditioner ≥40 to <70 kW

(≥11 to <20 tons)

3.08 ARI 340/360

Unitary Air Cooled Air Conditioner ≥70 kW

( ≥20 tons)

2.93 2.99 ARI 340/360

Unitary Water Cooled Air Conditioner <19 kW

(<5.4 tons)

4.10 ARI 210/240

Unitary Water Cooled Air Conditioner ≥19 and <40 kW

( ≥5.4 and <11 tons )

4.10 ARI 210/240

Unitary Water Cooled Air Conditioner ≥<40 kW

( ≥11 tons )

3.22 3.02 ARI 210/240

Heating, Ventilation and Air Conditioning

Energy Conservation Building Code 2006 Page 11

Table 5.2.2-2 Chillers

Equipment Class Minimum COP Minimum IPLV Test Standard

Air Cooled Chiller <530 kW

(<150 tons)

2.90 3.16 ARI 550/590-

1998

Air Cooled Chiller ≥530 kW

(≥150 tons)

3.05 3.32 ARI 550/590-

1998

Centrifugal Water Cooled Chiller < 530 kW

(<150 tons)

5.80 6.09 ARI 550/590-

1998

Centrifugal Water Cooled Chiller ≥530 and <1050 kW

( ≥150 and <300 tons)

5.80 6.17 ARI 550/590-

1998

Centrifugal Water Cooled Chiller ≥ 1050 kW

(≥ 300 tons)

6.30 6.61 ARI 550/590-

1998

Reciprocating Compressor, Water Cooled Chiller all sizes 4.20 5.05 ARI 550/590-

1998

Rotary Screw and Scroll Compressor, Water Cooled

Chiller <530 kW

(<150 tons)

4.70 5.49 ARI 550/590-

1998

Rotary Screw and Scroll Compressor, Water Cooled

Chiller ≥530 and <1050 kW

(≥150 and <300 tons)

5.40 6.17 ARI 550/590-

1998

Rotary Screw and Scroll Compressor, Water Cooled

Chiller ≥ 1050 kW

(≥ 300 tons)

5.75 6.43 ARI 550/590-

1998

Table 5.2.2-3 Heat Pumps Heating Mode

Equipment Type Size Category (Input) Subcategory or

Rating Condition

Performance Requireda Test

Procedureb

Split System 6.8 HSPF

(before 1/23/2006)

7.4 HSPF

(as of 1/23/2006)

Air Cooled

(Heating Mode)

<19 kW

(Cooling Capacity)

Single Package 6.6 HSPF

(before 1/23/2006)

7.4 HSPF

(as of 1/23/2006)

ARI 210/240

8°C db/6°C wb Outdoor

air

≥19 kW and <40 kW 3.2 COP

(Cooling Capacity)

-8°C db/-9°C wb

Outdoor Air

2.2 COP

8°C db/6°C wb Outdoor

air

3.1 COP

Air Cooled

(Heating Mode)

≥40 kW

(Cooling Capacity)

-8°C db/-9°C wb

Outdoor Air

2.0 COP

ARI 340/360

a IPLVs and Part load rating conditions are only applicable to equipment with capacity modulation.

b Section 12 of ASHRAE 90.1-2004 contains a complete specification of the referenced test procedure, including the

referenced year version of the test procedure.

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Energy Conservation Building Code 2006 Page 12

Table 5.2.2-4 Furnaces

Equipment Type Size Category (Input) Subcategory or

Rating Condition

Performance Requireda Test

Procedureb

<66 kW 78% AFUE or 80% Et

d DOE 10 CFR

Part 430 or

ANSI Z21.47

Warm Air Furnace, Gas-

Fired

≥66 kW Maximum Capacitye 80% Ec

c ANSA Z21.47

<66 kW 78% AFUE or 80% Et

d DOE 10 CFR

Part 430 or

ANSI Z21.47

Warm Air Furnace, Oil-

Fired

≥66 kW Maximum Capacitye 81% Et

f UL 727

Warm- Air Duct Furnaces,

Gas-Fired

All Capacities Maximum Capacitye 80% Ec

g ANSI Z83.9

Warm Air Unit Heaters,

Gas-Fired

All Capacities Maximum Capacitye 80% Ec

g ANSI Z83.8

Warm Air Unit Heaters,

Oil-Fired

All Capacities Maximum Capacitye 80% Ec

g UL 731

a Et = thermal efficiency. See test procedure for detailed discussion.

b Section 12 of ASHRAE 90.1-2004 contains a complete specification of the referenced test procedure, including the

referenced year version of the test procedure.

c Ec = combustion efficiency. Units must also include an interrupted or intermittent ignition device (IID), have jacket losses

not exceeding 0.75% of the input rating, and have either power venting or a flue damper. A vent damper is an acceptable

alternative to a flue damper for those furnaces where combustion air is drawn from the conditioned space.

d Combination units not covered by NAECA (3-phase power or cooling capacity greater than or equal to 65,000 Btu/h may

comply with either rating.

e Minimum and maximum ratings as provided for and allowed by the unit’s controls.

f Et = thermal efficiency. Units must also include and interrupted or intermittent ignition device (IDD), have jacket losses

not exceeding 0.75% of the input rating, and have either power venting or a flue damper. A vent damper is an acceptable

alternativ3 to a flue damper for those furnaces where combustion air is drawn form the conditioned space.

g Ec = combustion efficiency (100% less flue losses). See test procedure for detailed discussion.

Heating, Ventilation and Air Conditioning

Energy Conservation Building Code 2006 Page 13

Table 5.2.2-5 Boilers

Equipment Type Size Category (Input) Subcategory or

Rating Condition

Performance Requiredb Test

Procedurec

<88 kW Hot Water 80% AFUE

Steam 75% AFUE

DOE 10 CFR

Part 430

≥88 kW and ≤733 kW Maximum Capacityd 75% Et

b

>733 kWa Hot Water 80% Ec

Boilers, Gas-Fired

>733 kWa Steam 80% Ec

H.I. Htg Boiler

Std.

<88 kW 80% AFUE DOE 10 CFR

Part 430

≥88 kW and ≤733 kW Maximum Capacityd 78% Et

b

>733 kWa Hot Water 83% Ec

Boilers, Oil-Fired

>733 kWa Steam 83% Ec

H.I. Htg Boiler

Std.

≥88 kW and ≤733 kW Maximum Capacityd 78% Et

b

>733 kWa Hot Water 83% Ec

Oil-Fired (Residual)

>733 kWa Steam 83% Ec

H.I. Htg Boiler

Std.

a These requirements apply to boilers with rated input of 2,345 kW or less that are not packaged boilers, and to all

packaged boilers. Minimum efficiency requirements for boilers cover all capacities of packaged boilers.

b Et = thermal efficiency. See reference document for detailed information.

c Section 12 of ASHRAE 90.1-2004 contains a complete specification of the referenced test procedure, including the

referenced year version of the test procedure.

d Minimum and maximum ratings as provided for and allowed by the unit’s controls.

5.2.3 Controls

5.2.3.1 All mechanical cooling and heating systems shall be controlled by a timeclock that:

(a) Can start and stop the system under different schedules for three different day-types

per week,

(b) Is capable of retaining programming and time setting during a loss of power for a

period of at least 10 hours, and

(c) Includes an accessible manual override that allows temporary operation of the

system for up to 2 hours.

Exceptions to 5.2.3.1:

(a) Cooling systems < 28 kW (8 tons)

(b) Heating systems < 7 kW (2 tons)

5.2.3.2 All heating and cooling equipment shall be temperature controlled. Where a unit

provides both heating and cooling, controls shall be capable of providing a temperature

dead band of 3°C (5°F) within which the supply of heating and cooling energy to the zone

is shut off or reduced to a minimum. Where separate heating and cooling equipment serve

the same temperature zone, thermostats shall be interlocked to prevent simultaneous

heating and cooling.

5.2.3.3 All cooling towers and closed circuit fluid coolers shall have either two speed motors,

pony motors, or variable speed drives controlling the fans.

5.2.4 Piping and Ductwork

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Energy Conservation Building Code 2006 Page 14

5.2.4.1 Piping for heating systems with a design operating temperature of 60°C (140°F) or

greater shall have at least R-0.70 (R-4) insulation. Piping for heating systems with a design

operating temperature less than 60°C (140°F) but greater than 40°C (104°F), piping for

cooling systems with a design operating temperature less than 15°C (59°F), and refrigerant

suction piping on split systems shall have at least R-0.35 (R-2) insulation. Insulation exposed

to weather shall be protected by aluminum sheet metal, painted canvas, or plastic cover.

Cellular foam insulation shall be protected as above, or be painted with water retardant

paint.

5.2.4.2 Ductwork shall be insulated in accordance with Table 5.2.4.2.

Table 5.2.4.2 Ductwork Insulation

Required Insulationa

Duct Location Supply Ducts Return Ducts

Exterior R-1.4 (R-8) R- 0.6 (R-3.5)

Ventilated Attic R-1.4 (R-8) R- 0.6 (R-3.5)

Unventilated Attic without Roof Insulation R-1.4 (R-8) R- 0.6 (R-3.5)

Unventilated Attic with Roof Insulation R- 0.6 (R-3.5) No Requirement

Unconditioned Spaceb R- 0.6 (R-3.5) No Requirement

Indirectly Conditioned Spacec No Requirement No Requirement

Buried R- 0.6 (R-3.5) No Requirement

a Insulation R-value is measured on a horizontal plane in accordance with ASTM C518 at a mean temperature of

24°C (75°F) at the installed thickness

b Includes crawlspaces, both ventilated and non-ventilated

c Includes return air plenums with or without exposed roofs above.

5.2.4.3 Ductwork shall be sealed in accordance with Table 5.2.4.3.

Table 5.2.4.3 Ductwork Sealing

Supply Ducts

Duct Location < 500 Pa

(2 inch w.g.)

≥500 Pa

( 2 inch w.g.)

Exhaust Ducts Return Ducts

Outside Conditioned Space ← ← None ←

Unconditioned Spaces ↑ ← None →

Indirectly Conditioned Spaces → ↑ → None

Return Air Plenums → ↑ → None

Cooled Spaces None →1 → None

← All joints and longitudinal seams, and at all duct wall penetrations. Snaplock longitudinal are not allowed.

Pressure sensitive tape shall not be used as the primary sealant.

↑ All joints and longitudinal seams. Pressure sensitive tape shall not be used as the primary sealant.

→ Transverse joints only.

1 Ducts within the conditioned space to which they supply air or from which they exhaust air need not be sealed.

Longitudinal seams are joints orientated in the direction of air flow. Transverse joints are connections of two duct

sections orientated perpendicular to airflow. Duct wall penetrations are openings made by any screw or fastener.

Spiral lock joints in round and flat oval duct need not be sealed. All other connections are considered joints including

but not limited to spin-ins, lateral taps and other branch connections, access door frames and jambs, duct

connections to equipment, etc.

Unless otherwise shown in design documents, ductwork between the supply fan and variable air volume boxes shall

be considered to be in the ≥500 Pa (2 in. w.g.) pressure classification, while all other ductwork of any application shall

be considered 250 Pa (1 in. w.g.) pressure classification.

5.2.5 System Balancing

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Energy Conservation Building Code 2006 Page 15

5.2.5.1 General

Construction documents shall require that all HVAC systems be balanced in accordance with

generally accepted engineering standards.

Construction documents shall require that a written balance report be provided to the owner

or the designated representative of the building owner for HVAC systems serving zones with

a total conditioned area exceeding 500 m2 (5,000 ft2).

5.2.5.1.1 Air System Balancing

Air systems shall be balanced in a manner to first minimize throttling losses. Then, for fans

with fan system power greater than 0.75 kW (1.0 hp), fan speed shall be adjusted to meet

design flow conditions.

5.2.5.1.2 Hydronic System Balancing

Hydronic systems shall be proportionately balanced in a manner to first minimize throttling

losses; then the pump impeller shall be trimmed or pump speed shall be adjusted to meet

design flow conditions.

Exceptions to § 5.2.5.1.2:

(a) Impellers need not be trimmed nor pump speed adjusted for pumps with pump

motors of 7.5 kW (10 hp) or less,

(b) Impellers need not be trimmed when throttling results in no greater than 5% of the

nameplate horsepower draw, or 2.2 kW (3 hp), whichever is greater.

5.2.6 Condensers

5.2.6.1 Condenser Locations

Care shall be exercised in locating the condensers in such a manner that heat sink is free of

interference from heat discharge by devices located in adjoining spaces and also does not

interfere with such other systems installed nearby.

5.2.6.2 Treated Water for Condensers

All high-rise buildings using centralized cooling water system shall use soft water for the

condenser and chilled water system.

5.3 Prescriptive Requirements

Compliance shall be demonstrated with the requirements in § 5.3.1 through § 5.3.2 for each

HVAC system that meets the following criteria:

(a) Serves a single zone,

(b) Cooling (if any) is provided by a unitary packaged or split-system air conditioner or

heat pump,

(c) Heating (if any) is provided by a unitary packaged or split-system heat pump, fuelfired

furnace, electric resistance heater, or baseboards connected to a boiler, and

(d) Outside air quantity is less than 1,400 l/s (3000 cfm) and less than 70% of supply air

at design conditions.

Other HVAC systems shall comply with ASHRAE 90.1-2004, § 6.5.

5.3.1 Economizers

5.3.1.1 Air Side Economizer

Each individual cooling fan system that has a design supply capacity over 1,200 l/s (2,500

cfm) and a total mechanical cooling capacity over 22 kW (6.3 tons) shall include either:

(a) An air economizer capable of modulating outside-air and return-air dampers to supply

100 percent of the design supply air quantity as outside-air; or

Heating, Ventilation and Air Conditioning

Energy Conservation Building Code 2006 Page 16

(b) A water economizer capable of providing 100% of the expected system cooling load

at outside air temperatures of 10°C (50°F) dry-bulb/7.2°C (45°F) wet-bulb and

below.

Exception to § 5.3.1.1:

(a) Projects in the Hot-Dry and Warm-Humid climate zones are exempt.

(b) Individual ceiling mounted fan systems < 3,200 l/s (6,500 cfm) are exempt.

5.3.1.2 Where required by 5.3.1.1 economizers shall be capable of providing partial cooling

even when additional mechanical cooling is required to meet the cooling load.

5.3.1.3 Air-side economizers shall be tested in the field following the requirements in

Appendix 15 to ensure proper operation.

Exception to 5.3.1.3: Air economizers installed by the HVAC system equipment manufacturer

and certified to the building department as being factory calibrated and tested per the

procedures in Appendix 15.

5.3.2 Variable Flow Hydronic Systems

5.3.2.1 Chilled or hot-water systems shall be designed for variable fluid flow and shall be

capable of reducing pump flow rates to no more than the larger of:

(a) 50% of the design flow rate, or

(b) the minimum flow required by the equipment manufacturer for proper operation of

the chillers or boilers.

5.3.2.2 Water cooled air-conditioning or heat pump units with a circulation pump motor

greater than or equal to 3.7 kW (5 hp) shall have two-way automatic isolation valves on

each water cooled air-conditioning or heat pump unit that are interlocked with the

compressor to shut off condenser water flow when the compressor is not operating.

5.3.2.3 Chilled water or condenser water systems that must comply with either 5.3.2.1 or

5.3.2.2 and that have pump motors greater than or equal to 3.7 kW (5 hp) shall be

controlled by variable speed drives.

Service Hot Water & Pumping

Energy Conservation Building Code 2006 Page 17

6. Service Hot Water and Pumping

6.1 General

All service water heating equipment and systems shall comply with the mandatory provisions

of § 6.2.

6.2 Mandatory Requirements

6.2.1 Solar Water Heating

Residential facilities, hotels and hospitals with a centralized system shall have solar water

heating for at least 1/5 of the design capacity.

Exception to § 6.2.1: Systems that use heat recovery for at least 1/5 of the design capacity.

6.2.2 Equipment Efficiency

Service water heating equipment shall meet or exceed the minimum efficiency requirements

presented in Table 6.2.2.

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Energy Conservation Building Code 2006 Page 18

Table 6.2.2 Minimum Efficiencies for Service Water Heating Equipment

Equipment Type Size Category

(Input)

Subcategory or

Rating Condition

Performance Requireda Test

Procedureb

≤12 kW Resistance ≥76 L 0.93-0.00132V EF DOE 10 CFR

Part 430

>12 kW Resistance ≥76 L 20 + 35 √V SL, Btu/h ANSI Z21.10.3

Electric Water

Heaters

≤24 Amps and

≤250 Volts

Heat Pump 0.93-0.00132V EF DOE 10 CFR

Part 430

≤23 kW ≥76 L 0.62-0.0019V EF DOE 10 CFR

Part 430

Gas Storage Water

Heaters

>23 kW <310 W/L

80% Et (Q/800 + 110 √V ) SL, Btu/h ANSI Z21.10.3

>15 kW and

<59 kW

≥310 W/L

and <8 L

0.62-0.0019V EF DOE 10 CFR

Part 430

≥59 kWc ≥310 W/L

and <38 L

80% Et

Gas Instantaneous

Water Heaters

≥59 kW ≥310 W/L

and ≥38 L

80% Et (Q/800 + 110 √V ) SL, Btu/h

ANSI Z21.10.3

≤31 kW ≥76 L 0.59-0.0019V EF DOE 10 CFR

Part 430

Oil Storage Water

Heaters

>31 kW <310 W/L

78% Et (Q/800 + 110 √V ) SL, Btu/h ANSI Z21.10.3

≤62 kW ≥310 W/L

and <8 L

0.59-0.0019V EF DOE 10 CFR

Part 430

>62 kW ≥310 W/L

and <38 L

80% Et

Oil Instantaneous

Water Heaters

>62 kW ≥310 W/L

and ≥38 L

78% Et (Q/800 + 110 √V ) SL, Btu/h

ANSI Z21.10.3

Hot Water Supply

Boilers, Gas and Oil

≥62 kW and

<3664 kW

≥310 W/L

and <38 L

80% Et

Hot Water Supply

Boilers, Gas

≥310 W/L

and ≥38 L

80% Et (Q/800 + 110 √V ) SL, Btu/h

Hot Water Supply

Boilers, Oil

≥310 W/L

and ≥38 L

78% Et (Q/800 + 110 √V )

SL, Btu/h

ANSI Z21.10.3

Pool Heaters

Oil and Gas

All 78% Et ASHRAE 146

Heat Pump Pool

Heaters

All 4.0 COP ASHRAE 146

Unfired Storage

Tanks

All R-2.2 (none)

a Energy factor (EF) and thermal efficiency (Et) are minimum requirements, while standby loss (SL) is maximum Btu/h based

on a 38.9°C temperature difference between stored water and ambient requirements. In the EF equation, V is the rated

volume in liters. In the SL equation, V is the rated volume in liters and Q is the nameplate input rate in W.

b Section 12 of ASHRAE 90.1-2004 contains a complete specification, including the year version, of the referenced test

procedure.

c Instantaneous water heaters with input rates below 58.62 W must comply with these requirements if the water heater is

designed to heat water to temperatures 82.2°C or higher.

6.2.3 Supplementary Water Heating System

Supplementary heating system shall be designed to maximize the energy efficiency of the

system and shall incorporate the following design features in cascade:

(a) Maximum heat recovery from hot discharge system like condensers of air

conditioning units,

Service Hot Water & Pumping

Energy Conservation Building Code 2006 Page 19

(b) Use of gas fired heaters wherever gas is available, and

(c) Electric heater as last resort.

6.2.4 Piping Insulation

Piping insulation shall comply with § 5.2.4.1. The entire hot water system including the

storage tanks, pipelines shall be insulated conforming to the relevant IS standards on

materials and applications.

6.2.5 Heat Traps

Vertical pipe risers serving storage water heaters and storage tanks not having integral heat

traps and serving a non-recirculating system shall have heat traps on both the inlet and

outlet piping as close as practical to the storage tank.

6.2.6 Swimming Pools

Heated pools shall be provided with a vapor retardant pool cover on or at the water surface.

Pools heated to more than 32°C (90°F) shall have a pool cover with a minimum insulation

value of R-2.1 (R-12).

Exception to § 6.2.6: Pools deriving over 60% of their energy from site-recovered energy or

solar energy source.

6.2.7 Compliance Documentation

The application for approval shall furnish detailed calculation showing the design to ensure

that at least 20% of the heating requirement shall be met from solar heat/heat recovery and

not more than 80% of the heat shall be met from electrical heating. Wherever gas is

available, not more than 20% of the heat shall be met from electrical heating.

Lighting

Energy Conservation Building Code 2006 Page 20

7. Lighting

7.1 General

Lighting systems and equipment shall comply with the mandatory provisions of § 7.2 and the

prescriptive criteria of § 7.3 and § 7.4. The lighting requirements in this section shall apply

to:

(a) Interior spaces of buildings,

(b) Exterior building features, including facades, illuminated roofs, architectural features,

entrances, exits, loading docks, and illuminated canopies, and,

(c) Exterior building grounds lighting that is provided through the building's electrical

service.

Exceptions to § 7.1:

(a) Emergency lighting that is automatically off during normal building operation and is

powered by battery, generator, or other alternate power source; and,

(b) Lighting in dwelling units.

7.2 Mandatory Requirements

7.2.1 Lighting Control

7.2.1.1 Automatic Lighting Shutoff

Interior lighting systems in buildings larger than 500 m2 (5,000 ft˛) shall be equipped with an

automatic control device. Within these buildings, all office areas less than 30 m2 (300 ft2)

enclosed by walls or ceiling-height partitions, all meeting and conference rooms, all school

classrooms, and all storage spaces shall be equipped with occupancy sensors. For other

spaces, this automatic control device shall function on either

(a) A scheduled basis at specific programmed times. An independent program schedule

shall be provided for areas of no more than 2,500 m2 (25,000 ft˛) and not more than

one floor; or,

(b) Occupancy sensors that shall turn the lighting off within 30 minutes of an occupant

leaving the space. Light fixtures controlled by occupancy sensors shall have a wallmounted,

manual switch capable of turning off lights when the space is occupied.

Exception to § 7.2.1.1: Lighting systems designed for 24-hour use.

7.2.1.2 Space Control

Each space enclosed by ceiling-height partitions shall have at least one control device to

independently control the general lighting within the space. Each control device shall be

activated either manually by an occupant or automatically by sensing an occupant. Each

control device shall

(a) Control a maximum of 250 m2 (2,500 ft2) for a space less than or equal to 1,000 m2

(10,000 ft2), and a maximum of 1,000 m2 (10,000 ft2) for a space greater than 1,000

m2 (10,000 ft2).

(b) Be capable of overriding the shutoff control required in 7.2.1.1 for no more than

2 hours, and

(c) Be readily accessible and located so the occupant can see the control.

Exception to § 7.2.1.2(c): The required control device may be remotely installed if required

for reasons of safety or security. A remotely located device shall have a pilot light indicator as

part of or next to the control device and shall be clearly labeled to identify the controlled

lighting.

Lighting

Energy Conservation Building Code 2006 Page 21

7.2.1.3 Control in Daylighted Areas

Luminaires in daylighted areas greater than 25 m2 (250 ft2) shall be equipped with either a

manual or automatic control device that:

(a) Is capable of reducing the light output of the luminaires in the daylighted areas by

at least 50%, and

(b) Controls only the luminaires located entirely within the daylighted area.

7.2.1.4 Exterior Lighting Control

Lighting for all exterior applications not exempted in § 7.4 shall be controlled by a

photosensor or astronomical time switch that is capable of automatically turning off the

exterior lighting when daylight is available or the lighting is not required.

7.2.1.5 Additional Control

The following lighting applications shall be equipped with a control device to control such

lighting independently of general lighting:

(a) Display/Accent Lighting. Display or accent lighting greater than 300 m2 (3,000 ft2)

area shall have a separate control device.

(b) Case Lighting. Lighting in cases used for display purposes greater than 300 m2 (3,000

ft2) area shall be equipped with a separate control device.

(c) Hotel and Motel Guest Room Lighting. Hotel and motel guest rooms and guest suites

shall have a master control device at the main room entry that controls all

permanently installed luminaires and switched receptacles.

(d) Task Lighting. Supplemental task lighting including permanently installed under shelf

or under cabinet lighting shall have a control device integral to the luminaires or be

controlled by a wall-mounted control device provided the control device complies

with 7.2.1.2(c).

(e) Nonvisual Lighting. Lighting for nonvisual applications, such as plant growth and

food-warming, shall be equipped with a separate control device.

(f) Demonstration Lighting. Lighting equipment that is for sale or for demonstrations in

lighting education shall be equipped with a separate control device accessible only to

authorized personnel.

7.2.2 Exit Signs

Internally-illuminated exit signs shall not exceed 5 W per face.

7.2.3 Exterior Building Grounds Lighting

Lighting for exterior building grounds luminaires which operate at greater than 100 W shall

contain lamps having a minimum efficacy of 60 lm/W unless the luminaire is controlled by a

motion sensor or exempt under § 7.1.

7.3 Interior Lighting Power

The installed interior lighting power for a building or a separately metered or permitted

portion of a building shall be calculated in accordance with § 7.3.3 and shall not exceed the

interior lighting power allowance determined in accordance with either § 7.3.1 or § 7.3.2.

Tradeoffs of interior lighting power allowance among portions of the building for which a

different method of calculation has been used are not permitted.

Exception to § 7.3: The following lighting equipment and applications shall not be considered

when determining the interior lighting power allowance, nor shall the wattage for such

lighting be included in the installed interior lighting power. However, any such lighting shall

not be exempt unless it is an addition to general lighting and is controlled by an independent

control device.

(a) Display or accent lighting that is an essential element for the function performed in

Lighting

Energy Conservation Building Code 2006 Page 22

galleries, museums, and monuments,

(b) Lighting that is integral to equipment or instrumentation and is installed by its

manufacturer,

(c) Lighting specifically designed for medical or dental procedures and lighting integral to

medical equipment,

(d) Lighting integral to food warming and food preparation equipment,

(e) Lighting for plant growth or maintenance,

(f) Lighting in spaces specifically designed for use by the visually impaired,

(g) Lighting in retail display windows, provided the display area is enclosed by ceilingheight

partitions,

(h) Lighting in interior spaces that have been specifically designated as a registered

interior historic landmark,

(i) Lighting that is an integral part of advertising or directional signage,

(j) Exit signs,

(k) Lighting that is for sale or lighting educational demonstration systems,

(l) Lighting for theatrical purposes, including performance, stage, and film or video

production, and

(m) Athletic playing areas with permanent facilities for television broadcasting.

7.3.1 Building Area Method

Determination of interior lighting power allowance (watts) by the building area method shall

be in accordance with the following:

(a) Determine the allowed lighting power density from Table 7.3.1 for each appropriate

building area type.

(b) Calculate the gross lighted floor area for each building area type.

(c) The interior lighting power allowance is the sum of the products of the gross lighted floor

area of each building area times the allowed lighting power density for that building area

types.

Lighting

Energy Conservation Building Code 2006 Page 23

Table 7.3.1 Interior Lighting Power - Building Area Method

Building Area Type LPD (W/m2) Building Area Type LPD (W/m2)

Automotive Facility 9.7 Multifamily 7.5

Convention Center 12.9 Museum 11.8

Court House 12.9 Office 10.8

Dining: Bar Lounge/Leisure 14.0 Parking Garage 3.2

Dining: Cafeteria/Fast Food 15.1 Penitentiary 10.8

Dining: Family 17.2 Performing Arts Theater 17.2

Dormitory 10.8 Police/Fire Station 10.8

Exercise Center 10.8 Post Office 11.8

Gymnasium 11.8 Religious Building 14.0

Healthcare-Clinic 10.8 Retail 16.1

Hospital/Health Care 12.9 School/University 12.9

Hotel 10.8 Sports Arena 11.8

Library 14.0 Town Hall 11.8

Manufacturing Facility 14.0 Transportation 10.8

Motel 10.8 Warehouse 8.6

Motion Picture Theater 12.9 Workshop 15.1

In cases where both a general building area type and a specific building area type are listed, the specific building

area type shall apply.

7.3.2 Space Function Method

Determination of interior lighting power allowance (watts) by the space function method shall

be in accordance with the following:

(a) Determine the appropriate building type from Table 7.3.2 and the allowed lighting power

density.

(b) For each space enclosed by partitions 80% or greater than ceiling height, determine the

gross interior floor area by measuring to the center of the partition wall. Include the floor

area of balconies or other projections. Retail spaces do not have to comply with the 80%

partition height requirements.

(c) The interior lighting power allowance is the sum of the lighting power allowances for all

spaces. The lighting power allowance for a space is the product of the gross lighted floor

area of the space times the allowed lighting power density for that space.

Lighting

Energy Conservation Building Code 2006 Page 24

Table 7.3.2 Interior Lighting Power – Space Function Method

Space Function LPD (W/m2) Space Function LPD (W/m2)

Office-enclosed 11.8 Library

Office-open plan 11.8 Card File & Cataloging 11.8

Conference/Meeting/Multipurpose 14.0 Stacks 18.3

Classroom/Lecture/Training 15.1 Reading Area 12.9

Lobby 14.0 Hospital

For Hotel 11.8 Emergency 29.1

For Performing Arts Theater 35.5 Recovery 8.6

For Motion Picture Theater 11.8 Nurse Station 10.8

Audience/Seating Area 9.7 Exam Treatment 16.1

For Gymnasium 4.3 Pharmacy 12.9

For Exercise Center 3.2 Patient Room 7.5

For Convention Center 7.5 Operating Room 23.7

For Religious Buildings 18.3 Nursery 6.5

For Sports Arena 4.3 Medical Supply 15.1

For Performing Arts Theater 28.0 Physical Therapy 9.7

For Motion Picture Theater 12.9 Radiology 4.3

For Transportation 5.4 Laundry – Washing 6.5

Atrium-first three floors 6.5 Automotive – Service Repair 7.5

Atrium-each additional floor 2.2 Manufacturing

Lounge/Recreation 12.9 Low Bay (<8m ceiling) 12.9

For Hospital 8.6 High Bay (>8m ceiling) 18.3

Dining Area 9.7 Detailed Manufacturing 22.6

For Hotel 14.0 Equipment Room 12.9

For Motel 12.9 Control Room 5.4

For Bar Lounge/Leisure Dining 15.1 Hotel/Motel Guest Rooms 11.8

For Family Dining 22.6 Dormitory – Living Quarters 11.8

Food Preparation 12.9 Museum

Laboratory 15.1 General Exhibition 10.8

Restrooms 9.7 Restoration 18.3

Dressing/Locker/Fitting Room 6.5 Bank Office – Banking Activity Area 16.1

Corridor/Transition 5.4 Religions Buildings

For Hospital 10.8 Worship-pulpit, choir 25.8

For Manufacturing Facility 5.4 Fellowship Hall 9.7

Stairs-active 6.5 Retail

Active Storage 8.6 Sales Area 18.3

For Hospital 9.7 Mall Concourse 18.3

Inactive Storage 3.2 Sports Arena

For Museum 8.6 Ring Sports Area 29.1

Electrical/Mechanical 16.1 Court Sports Area 24.8

Workshop 20.5 Indoor Field Area 15.1

Sleeping Quarters 3.2 Warehouse

Lighting

Energy Conservation Building Code 2006 Page 25

Table 7.3.2 Interior Lighting Power – Space Function Method

Space Function LPD (W/m2) Space Function LPD (W/m2)

Convention Center – Exhibit Space 14.0 Fine Material Storage 15.1

Medium/Bulky Material Storage 9.7

Parking Garage – Garage Area 2.2

Transportation

Airport – Concourse 6.5

Air/Train/Bus – Baggage Area 10.8

Terminal – Ticket Counter 16.1

7.3.3 Installed Interior Lighting Power

The installed interior lighting power calculated for compliance with § 7.3 shall include all

power used by the luminaires, including lamps, ballasts, current regulators, and control

devices except as specifically exempted in § 7.1.

Exception to § 7.3.3: If two or more independently operating li
25th August 2007 From India, Delhi

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Energy conservation Act for everone's perusal,

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SEC. 1 THE GAZETTE OF INDIA EXTRAORDINARY 3

MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS

(Legislative Department)

New Delhi, the 1st October, 2001/ Asvina 9, 1923 (Saka)

The following Act of Parliament received the assent of the President on the

29th September, 2001, and is hereby published for general information:--

THE ENERGY CONSERVATION ACT, 2001

No 52 OF 2001

[29th September 2001]

An Act to provide for efficient use of energy and its conservation and for

matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Fifty second Year of the Republic of India as

follows:—

CHAPTER I

PRELIMINARY

1.

(1) This Act may be called the Energy Conservation Act, 2001.

(2) It extends to the whole of India except the state of Jammu and Kashmir

(3) It shall come into force on such dates as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

Short title, extent and commencement

SEC. 1 THE GAZETTE OF INDIA EXTRAORDINARY 3

Definitions

2.

In this Act, unless the context otherwise requires: —

(a) “accredited energy auditor” means an auditor possessing qualifications specified under clause (p) of sub-section (2) of section 13;

(b) “ Appellate Tribunal” means Appellate Tribunal for Energy Conservation established under section 30;

(c) “building” means any structure or erection or part of a structure or erection, after the rules relating to energy conservation building codes have been notified under clause (a) of section 15 of clause (l) of sub-section (2) of section 56, which is having a connected load of 500kW or contract demand of 600 kVA and above and is intended to be used for commercial purposes;

(d) “Bureau” means the Bureau of Energy Efficiency established under subsection (l) of section 3;

(e) “Chairperson” means the Chairperson of the Governing council;

(f) “designated agency” means any agency designated under clause (d) of section 15;

(g) “designated consumer” means any consumer specified under clause (e) of section 14;

(h) “energy” means any form of energy derived from fossil fuels, nuclear substances or materials, hydro-electricity and includes electrical energy or electricity generated from renewable sources of energy or bio-mass connected to the grid;

(i) “energy audit” means the verification, monitoring and analysis of use of energy including submission of technical report containing recommendations for improving energy efficiency with cost benefit analysis and an action plan to reduce energy consumption;

(j) “energy conservation building codes” means the norms and standards of energy consumption expressed in terms of per square meter of the area wherein energy is used and includes the location of the building;

(k) “energy consumption standards” means the norms for process and energy consumption standards specified under clause (a) of section 14;

(l) “Energy Management Centre” means the Energy Management Centre set up under the Resolution of the Government of India in the erstwhile Ministry of Energy, Department of Power No. 7(2)/87-EP (Vol. IV), dated the 5th July, 1989 and registered under the Societies Registration Act, 1860;

21 of 1860

(m) “energy manager” means any individual possessing the qualifications prescribed under clause (m) of section 14;

(n) “ Governing Council” means the Governing Council referred to in section 4;

(o) “member” means the member of the Governing Council and includes the Chairperson;

(p) “notification” means a notification in the Gazette of India or, as the case may be, the Official Gazette of a State;

(q) “prescribed” means prescribed by rules made under this Act;

(r) “regulations” means regulations made by the Bureau under this Act;

(s) “schedule” means the Schedule of this Act;

(t) “State Commission” means the State Electricity Regulatory Commission established under sub-section (l) of section 17 of the Electricity Regulatory Commissions Act, 1998;

14 of 1998

SEC. 1 THE GAZETTE OF INDIA EXTRAORDINARY 3

9 of 1940 54 of 1948

14 of 1998

(u) words and expression used and not defined in this Act but defined in the Indian Electricity Act, 1910 or the Electricity (Supply) Act, 1948 or the Electricity Regulatory Commissions Act, 1998 shall have meanings respectively assigned to them in those Acts.

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;

SEC. 1 THE GAZETTE OF INDIA EXTRAORDINARY 3

(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;

1 of 1956

(o) one member each from five power regions representing the States of the region to be appointed by the Central Government

members;

(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 Council

(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.

6.

No act or proceeding of the Bureau or the Governing Council or any Committee shall be invalid merely by reason of -

Vacancies etc., not to invalidate proceedings of

Bureau, Governing Council or Committee

(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;

SEC. 1 THE GAZETTE OF INDIA EXTRAORDINARY 3

(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

CHAPTER III

TRANSFER OF ASSETS, LIABILITIES ETC, OF ENERGY MANAGEMENT CENTRE TO BUREAU

12.

(1) On and from the date of establishment of the Bureau -

(a) any reference to the Energy Management Centre in any law other than this Act or in any contract or other instrument shall be deemed as a reference to the Bureau;

(b) all properties and assets, movable and immovable of, or belonging to, the Energy Management Centre shall vest in the Bureau;

Transfer of assets, liabilities and employees of Energy Management Centre

(c) all the rights and liabilities of the Energy Management Centre shall be transferred to, and be the right and liabilities of, the Bureau;

SEC. 1 THE GAZETTE OF INDIA EXTRAORDINARY 3

(d) without prejudice to the provisions of clause (c), all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Energy Management Centre immediately before that date for or in connection with the purposes of the said Centre shall be deemed to have been incurred, entered into, or engaged to be done by, with or for, the Bureau;

(e) all sums of money due to the Energy Management Centre immediately before that date shall be deemed to be due to the Bureau;

(f) all suits and other legal proceedings instituted or which could have been instituted by or against the Energy Management Centre immediately before that date may be continued or may be instituted by or against the Bureau; and

(g) every employee holding any office under the Energy Management Centre immediately before that date shall hold his office in the Bureau by the same tenure and upon the same terms and conditions of service as respects remuneration, leave, provident fund, retirement or other terminal benefits as he would have held such office if the Bureau had not been established and shall continue to do so as an employee of the Bureau or until the expiry of six months from the date if such employee opts not to be the employee of the Bureau within such period.

(2) Not withstanding anything contained in the Industrial Disputes Act, 1947 or in any other law for the time being in force, the absorption of any employees by the Bureau in its regular service under this section shall not entitle such employees to any compensation under that Act or other law and no such claim shall be entertained by any court, tribunal or other authority.

14 of 1947

CHAPTER IV

POWERS AND FUNCTIONS OF BUREAU

Powers and functions of Bureau

13.

(1) The Bureau shall, effectively co-ordinate with designated consumers, designated agencies and other agencies, recognise and utilise the existing resources and infrastructure, in performing the functions assigned to it by or under this Act

(2) The Bureau may perform such functions and exercise such powers as may be assigned to it by or under this Act and in particular, such functions and powers include the function and power to -

(a) recommend to the Central Government the norms for processes and energy consumption standards required to be notified under clause (a) of section 14 ;

(b) recommend to the Central Government the particulars required tobe displayed on label on equipment or on appliances and manner of their display under clause (d) of section 14;

(c) recommend to the Central Government for notifying any user or class of users of energy as a designated consumer under clause (e) of section 14;

(d) take suitable steps to prescribe guidelines for energy conservation building codes under clause (p) of section 14;

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

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

(g) strengthen consultancy services in the field of energy conservation;

(h) promote research and development in the field of energy conservation;

(i) develop testing and certification procedure and promote testing facilities for certification and testing for energy consumption of equipment and appliances;

(j) formulate and facilitate implementation of pilot projects and demonstration projects for promotion of efficient use of energy and its conservation;

(k) promote use of energy efficient processes, equipment, devices and systems;

(l) promote innovative financing of energy efficiency projects;

SEC. 1 THE GAZETTE OF INDIA EXTRAORDINARY 3

(m) give financial assistance to institutions for promoting efficient use of energy and its conservation;

(n) levy fee, as may be determined by regulations, for services provided for promoting efficient use of energy and its conservation;

(o) maintain a list of accredited energy auditors as may be specified by regulations;

(p) specify, by regulations, qualifications for the accredited energy auditors;

(q) specify, by regulations, the manner and intervals of time in which the energy audit shall be conducted ;

(r) specify, by regulations, certification procedures for energy managers to be designated or appointed by designated consumers;

(s) prepare educational curriculum on efficient use of energy and its conservation for educational institutions, boards, universities or autonomous bodies and coordinate with them for inclusion of such curriculum in their syllabus;

(t) implement international co-operation programmes relating to efficient use of energy and its conservation as may be assigned to it by the Central Government;

(u) perform such other functions as may be prescribed.

CHAPTER V

POWER OF CENTRAL GOVERNMENT TO FACILITATE AND ENFORCE EFFICIENT USE OF ENERGY AND ITS CONSERVATION

14.

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

(a) specify the norms for processes and energy consumption standards for any equipment, appliances which consumes, generates, transmits or supplies energy;

(b) specify equipment or appliance or class of equipments or appliances, as the case may be, for the purposes of this Act;

(c) prohibit manufacture or sale or purchase or import of equipment or appliance specified under clause (b) unless such equipment or appliances conforms to energy consumption standards;

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

Provided that no notification prohibiting manufacture or sale or purchase or import or equipment or appliance shall be issued within two years from the date of notification issued under clause (a) of this section;

(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 regarding to the intensity or quantity of energy consumed and the amount of investment required for switching over to energy efficient equipments and capacity or industry to invest in it and availability of the energy efficient machinery and equipment required by the industry, any user or class of users of energy as a designated consumer for the purposes of this Act;

(f) alter the list of Energy Intensive Industries 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 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;

SEC. 1 THE GAZETTE OF INDIA EXTRAORDINARY 3

(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 energy manger 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 the every financial year to designated agency;

(m) prescribe minimum qualification for 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 of the economic viability of the investment in such form and manner as may be prescribed;

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

(q) amend the energy conservation 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 energy conservation 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: Provided that the powers under clauses (p) and (s) shall be exercised in consultation with the concerned State.

CHAPTER VI

POWER OF STATE GOVERNMENT TO FACILITATE AND ENFORCE EFFICIENT USE OF ENERGY AND ITS CONSERVATION

15.

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

Power of State Government to enforce certain provisions for efficient use of energy and its conservation

(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;

SEC. 1 THE GAZETTE OF INDIA EXTRAORDINARY 3

(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;

(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;

(d) designate any agency as designated agency to coordinate, regulate and enforce provisions of this Act within the State;

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

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

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

(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;

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

16.

(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.

(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.

Establishment of Fund by State Government

(3) The Fund shall be applied for meeting the expenses incurred for implementing the provisions of this Act.

(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.

17.

(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

(2) Subject to any rules made under this Act, an inspecting officer shall have power to -

(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;

(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 -

(i) to afford him necessary facility to inspect -

(A) any equipment or appliance as he may require and which may be available at such place;

(B) any production process to ascertain the energy consumption norms and standards;

SEC. 1 THE GAZETTE OF INDIA EXTRAORDINARY 3

(ii) to make an inventory of stock of any equipment or appliance checked or verified by him;

(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.

(3) An inspecting officer may enter any place of designated consumer -

(a) where any activity with the help of energy is carried on; and

(b) where any equipment or appliance notified under clause (b) of section 14 has been kept,

during the hours at which such places is open for production or conduct of business connected therewith.

(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.

18.

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.

Explanation – For the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct –

Power of Central Government or State Government to issue directions

(a) regulation of norms for process and energy consumption standards in any industry or building or building complex; or

(b) regulation of the energy consumption standards for equipment and appliances.

CHAPTER VII

FINANCE, ACCOUNT S AND AUDIT OF BUREAU

Grants and loans by Central Government

19.

The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Bureau or to the State Government grants and loans of such sums or money as the Central Government may consider necessary.

20.

(1) There shall be constituted a Fund to be called as the Central Energy Conservation Fund and there shall be credited thereto -

Establishment of Fund by Central Government

(a) any grants and loans made to the Bureau by the Central Government under section 19;

(b) all fees received by the Bureau under this Act;

(c) all sums received by the Bureau from such other sources as may be decided upon by the Central Government.

(2) The Fund shall be applied for meeting -

(a) the salary, allowances and other remuneration of Director-General, Secretary officers and other employees of the Bureau,

(b) expenses of the Bureau in the discharge of its functions under section 13;

(c) fee and allowances to be paid to the members of the Governing Council under sub-section (5) or section 4;

(d) expenses on objects and for purposes authorised by this Act

Borrowing powers of Bureau

21.

(1) The Bureau may, with the consent of the Central Government or in accordance with the terms of any general or special authority given to it by the Central Government borrow money from any source as it may deem fit for discharging all or any of its functions under this Act.

(2) The Central Government may guarantee, in such manner as it thinks fit, the repayment of the principle and the payment of interest thereon with respect to the loans borrowed by the Bureau under sub-section (l).

SEC. 1 THE GAZETTE OF INDIA EXTRAORDINARY 3

22.

The Bureau shall prepare, in such form and at such time in each financial year as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the Bureau and forward the same to the Central Government.

Budget

23.

The Bureau shall prepare, in such form and at such time in each financial year as may be prescribed, its annual report, giving full account of its activities during the previous financial year, and submit a copy thereof to the Central Government.

Annual report

24.

The Central Government shall cause the annual report referred to in section 23 to be laid, as soon as may be after it is received, before each House of Parliament.

Annual report tobe laid before Parliament

25.

(1) The Bureau shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.

Accounts and Audit

(2) The accounts of the Bureau shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Bureau to the Comptroller and Auditor-General.

(3) The Comptroller and Auditor-General of India and any other person appointed by him in connection with the audit of the accounts of the Bureau shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of the Government accounts and in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Bureau.

(4) The accounts of the Bureau as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall forward annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament.

CHAPTER VIII

PENALTIES AND ADJUDICATION

26.

(1) If any person fails to comply with the provision of clause (c) or the clause (d) or clause (h) or clause (i) or clause (k) or clause (l) or clause (n) or clause (r) or clause (s) of section 14 or clause (b) or clause (c) or clause (h) of section 15, he shall be liable to a penalty which shall not exceed ten thousand rupees for each such failures and, in the case of continuing failures, with an additional penalty which may extend to one thousand rupees for every day during which such failures continues:

Penalty

Provided that no person shall be liable to pay penalty within five years from the date of commencement of this Act.

(2) Any amount payable under this section, if not paid, may be recovered as if it were an arrear of land revenue.

27.

(1) For the purpose of adjudging section 26, the State Commission shall appoint any of its members to be an adjudicating officer for holding an inquiry in such manner as may be prescribed by the Central Government, after giving any person concerned a reasonable opportunity of being heard for the purpose of imposing any penalty.

(2) While holding an inquiry the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case of give evidence or produce any document which in the opinion of the adjudicating officer, may be useful for or relevant to the subject-matter of the inquiry, and if, on such inquiry, he is satisfied that the person has failed to comply with the provisions of any of the clauses of the sections specified in section 26, he may impose such penalty as he thinks fit in accordance with the provisions of any of those clauses of that section:

Power to adjudicate

SEC. 1 THE GAZETTE OF INDIA EXTRAORDINARY 3

Provided that where a State Commission has not been established in a State, the Government of that State shall appoint any of its officer not below the rank equivalent to a Secretary dealing with legal affairs in that State to be an adjudicating officer for the purposes of this section and such officer shall cease to be an adjudicating officer immediately on the appointment of an adjudicating officer by the State Commission on its establishment in that State:

Provided further that where an adjudicating officer appointed by a State Government ceased to be an adjudicating officer, he shall transfer to the adjudicating officer appointed by the State Commission all matters being adjudicated by him and thereafter the adjudicating officer appointed by the State Commission shall adjudicate the penalties on such matters.

28.

While adjudicating the quantum of penalty under section 26, the adjudicating officer shall have due regard to the following factors, namely:-

Factors to be taken into account by adjudicating officer

(a) the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default;

(b) the repetitive nature of the default.

Civil court not to have jurisdiction

29.

No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an adjudicating officer appointed under this Act or the Appellate Tribunal is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

CHAPTER IX

APPELLATE TRIBUNAL FOR ENERGY CONSERVATION

Establishment of Appellate Tribunal

30.

The Central Government shall, by notification, establish an Appellate Tribunal to be known as the Appellate Tribunal for Energy Conservation to hear appeals against the orders of the adjudicating officer or the Central Government or the State Government or any other authority under this Act.

Appeal to Appellate Tribunal

31.

(1) Any person aggrieved, by an order made by an adjudicating officer or the Central Government or the State Government or any other authority under this Act, may prefer an appeal to the Appellate Tribunal for Energy Conservation:

Provided that any person appealing against the order of the adjudicating officer levying any penalty, shall while filing the appeal, deposit the amount of such penalty:

Provided further that where in any particular case, the Appellate Tribunal is of the opinion that the deposit of such penalty would cause undue hardship to such person, the Appellate Tribunal may dispense with such deposit subject to such conditions as it may deem fit to impose so as to safeguard the realisation of penalty.

(2) Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which a copy of the order made by the adjudicating officer or the Central Government or the State Government or any other authority is received by the aggrieved person and it shall be in such form, verified in such manner and be accompanies by such fee as may be prescribed:

Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for not filing it within that period.

(3) On receipt of an appeal under sub-section (1), the Appellate Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against

(4) The Appellate Tribunal shall send a copy of every order made by it to the parties to the appeal and to the concerned adjudicating officer or the Central Government or the State Government or any other authority.

SEC. 1 THE GAZETTE OF INDIA EXTRAORDINARY 3

(5) The appeal filed before the Appellate Tribunal under sub-section (l) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within one hundred and eighty days from the date of receipt of the appeal:

Provided that where an appeal could not be disposed of within the said period of one hundred and eighty days, the Appellate Tribunal shall record its reasons in writing for not disposing of the appeal within the said period.

(6) The Appellate Tribunal may, for the purpose of examining the legality, propriety or correctness of any order made by the adjudicating officer or the Central Government or the State Government or any other authority under this Act, as the case may be in relation to any proceeding, on its own motion or otherwise, call for the records of such proceedings and make such order in the case as it thinks fit.

32.

(1) The Appellate Tribunal shall consist of a Chairperson and such number of Members not exceeding four, as the Central Government may deem fit.

(2) Subject to the provisions of this Act, -

Composition of Appellate Tribunal

(a) the jurisdiction of the Appellate Tribunal maybe exercised by Benches thereof;

(b) a Bench may be constituted by the Chairperson of the Appellate Tribunal with two or more Members of the Appellate Tribunal as the Chairperson of the Appellate Tribunal may deem fit:

Provided that every Bench constituted under this clause shall include at least one Judicial Member and one Technical Member;

(c) The Benches of the Appellate Tribunal shall ordinarily sit at Delhi and such other places as the Central Government may, in consultation with the Chairperson of the Appellate Tribunal, notify;

(d) The Central Government shall notify the areas in relation to which each Bench of the Appellate Tribunal may exercise jurisdiction,

(3) Notwithstanding anything contained in sub-section (2), the Chairperson of the Appellate Tribunal may transfer a Member of the Appellate Tribunal from one Bench to another Bench

Explanation – For the purposes of this Chapter, –

(i) “Judicial Member” means a Member of the Appellate Tribunal appointed as such under item (i) or item (ii) or clause (b) of sub-section (1) of section 33, and includes the Chairperson of the Appellate Tribunal;

(ii) “Technical Member” means a Member of the Appellate Tribunal appointed as such under item (iii) or item (iv) or item (v) or item (vi) of clause (b) of sub-section (l) of section 33

33.

(1) A person shall not be qualified for appointment as the Chairperson of the Appellate Tribunal or a Member of the Appellate Tribunal unless he -

(a) in the case of Chairperson of the Appellate Tribunal, is or has been, a judge of the Supreme Court or the Chief Justice of a High Court; and

(b) in the case of a Member of the Appellate Tribunal,-

(i) is, or has been, or is qualified to be, a Judge of a High Court; or

Qualifications for appointment of Chairperson and Members of Appellate Tribunal

(ii) is, or has been, a Member of the Indian Legal Service and has held a post in Grade I in that service for atleast three years; or

(iii) is, or has been, a Secretary for at least one year in Ministry or Department or the Central Government dealing with the Power, or Coal, or Petroleum and Natural Gas, or Atomic Energy; or

(iv) is, or has been Chairman of the Central Electricity Authority for at least one year; or

(v) is, or has been, Director-General of Bureau or Director-General of the Central Power Research Institute or Bureau of Indian Standards for atleast three years or has held any equivalent post for atleast three years; or

SEC. 1 THE GAZETTE OF INDIA EXTRAORDINARY 3

(vi) is, or has been, a qualified technical person of ability and standing having adequate knowledge and experience in dealing with the matters relating to energy production and supply, energy management, standardisation and efficient use of energy and its conservation, and has shown capacity in dealing with problems relating to engineering, finance, commerce, economics, law or management

Term of office

34.

The Chairperson of the Appellate Tribunal and every Member of the Appellate Tribunal shall hold office as such for a term of five years from the date on which he enters upon his office:

Provided that no Chairperson of the Appellate Tribunal or Member of the Appellate Tribunal shall hold office as such after he has attained, –

(a) in the case of the Chairperson of the Appellate Tribunal, the age of seventy years;

(b) in the case of any Member of the Appellate Tribunal, the age of sixty-five years.

Terms and conditions of service

35.

The salary and allowances payable to and the other terms and conditions of service of the Chairperson of the Appellate Tribunal, Members of the Appellate Tribunal shall be such as may be prescribed:

Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairperson of the Appellate Tribunal or a Member of the Appellate Tribunal shall be varied to his disadvantage after appointment.

Vacancies

36.

If for reason other than temporary absence any vacancy occurs in the office of the Chairperson of the Appellate Tribunal or the Member of the Appellate Tribunal, the Central Government shall appoint another person in accordance with the provisions of this Act to fill the vacancy and the proceedings may be continued before the Appellate Tribunal from the stage at which the vacancy is filled.

Registration and removal

37.

(1) The Chairperson or a Member of the Appellate Tribunal may, by notice in writing under his hand addressed to the Central Government, resign his office:

Provided that the Chairperson of the Appellate Tribunal or a Member of the Appellate Tribunal shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of term of office, whichever is the earliest.

(2) The Chairperson of the Appellate Tribunal or a Member of the Appellate Tribunal shall not be removed from his office except by an order by the Central Government on the ground of proved misbehaviour or incapacity after an inquiry made by such persons as the President may appoint for this purpose in which the Chairperson or a Member of the Appellate Tribunal concerned has been informed of the charges against him and given a reasonable opportunity of being heard in respect of such charges.

SEC. 1 THE GAZETTE OF INDIA EXTRAORDINARY 3

38.

(1) In the event of the occurrence of vacancy in the office of the Chairperson of the Appellate Tribunal by reason of his death, resignation or otherwise, the senior-most member of the Appellate Tribunal shall act as the Chairperson of the Appellate Tribunal until the date on which a new Chairperson appointed in accordance with the provisions of this Act to fill such vacancy enters upon his office.

Member to act as Chairperson in certain circumstances

(2) When the Chairperson of the Appellate Tribunal is unable to discharge his functions owing to his absence, illness or any other cause, the senior most Member of the Appellate Tribunal shall discharge the functions of the Chairperson of the Appellate Tribunal until the date on which the Chairperson of the Appellate Tribunal resumes his duties.

39.

(1) The Central Government shall provide the Appellate Tribunal with such officers and employees as it may deem fit.

(2) The officers and employees of the Appellate Tribunal shall discharge their functions under the general superintendence of the Chairperson of the Appellate Tribunal as the case may be.

Staff of Appellate Tribunal

(3) The salaries and allowances and other conditions of service of the officers and employees of the Appellate Tribunal shall be such as may be prescribed.

5 of 1908

40.

(1) The Appellate Tribunal shall not be bound by the procedure laid down by the Code of civil Procedure, 1908 but shall be guided by the principles of natural justice and subject to the other provisions of this Act, the Appellate Tribunal shall have powers to regulate it own procedure.

Procedure and powers of Appellate Tribunal

5 of 1908

(2) The Appellate Tribunal shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in the civil court under the Code of Civil Procedure 1908, while trying to suit in respect of the following matters, namely:-

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents;

(c) receiving evidence of affidavits;

1 of 1872

(d) subject to the provisions of section 123 and 124 of the Indian Evidence Act, 1872, requisitioning any public record or document or copy of such record or document from any office

(e) issuing commissions for the examination of witnesses or documents;

(f) reviewing its decisions;

(g) dismissing a representation of default or deciding it, ex parte;

(h) setting aside any order of dismissal or any representation for default or any order passed by it, ex parte;

(i) any other matter which may be prescribed by the Central Government.

(3) An order made by the Appellate Tribunal under this Act shall be executable by the Appellate Tribunal as a decree of civil court and, for this purpose, the Appellate Tribunal shall have all the powers of a civil court.

(4) Not withstanding anything contained in sub-section (3), the Appellate Tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by the that court.

45 of 1860

2 of 1974

(5) All proceedings before the Appellate Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code and the Appellate Tribunal shall be deemed to be civil court for the purposes of section 345 and 346 of the Code of Criminal Procedure, 1973.

SEC. 1 THE GAZETTE OF INDIA EXTRAORDINARY 3

Distribution of business amongst Benches.

41.

Where Benches are constituted, the Chairperson of the Appellate Tribunal may, from time to time, by notification, make provisions as to the distribution of the business of the Appellate Tribunal amongst the Benches and also provide for the matters which may be dealt with by each Bench.

Power of Chairpersont to transfer cases

42.

On the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the Chairperson of the Appellate Tribunal may transfer any case pending before one Bench for disposal, to any other Bench.

Decision to be by majority

43.

If the Members of the Appellate Tribunal of a Bench consisting of two Members differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the Chairperson of the Appellate Tribunal who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other Members of the Appellate Tribunal and such point or points shall be decided according to the opinion of the majority of the Members of the Appellate Tribunal who have heard the case, including those who first heard it.

Right to appellant to take assistance of legal practitioner or accredited auditor and of Government to appoint presenting officers

44.

(1) A person preferring an appeal to the Appellate Tribunal under this Act may either appear in person or take assistance of a legal practitioner or an accredited energy auditor of his choice to present his case before the Appellate Tribunal, as the case may be.

(2) The Central Government or the State Government may authorise one or more legal practitioners or any of its officers to act as presenting officers and every person so authorised may present the case with respect to any appeal before the Appellate Tribunal as the case may be.

Appeal to Supreme Court

45.

Any person aggrieved by any decision or order of the Appellate Tribunal may, file an appeal to the Supreme court within sixty days from the date of communication of the decision or order of the Appellate Tribunal to him, on any one or more of the ground specified in section 100 of the Code of Civil Procedure, 1908:

Provided that the Supreme Court may, if it is satisfied that the appellant was prevented by the sufficient cause from the filing the appeal within the said period, allow it to be filed within a further period of not exceeding sixty days.

5 of 1908

CHAPTER X

MISCELLANEOUS

46.

(1) Without prejudice to the foregoing provisions of this Act, the Bureau shall, in exercise of its powers or the performance of its functions under this Act, be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time:

Provided that the Bureau shall, as far as practicable, be given an opportunity to express his views before any direction is given under this sub-section.

Power of Central Government to issue directions to Bureau

(2) The decision of the Central Government, whether a question is one of policy or not, shall be final.

47.

(1) If at any time the Central Government is of opinion -

Power of Central Government to supersede Bureau

(a) that on account of grave emergency, the Bureau is unable to discharge the functions and duties imposed on it by or under the provisions of this Act; or

SEC. 1 THE GAZETTE OF INDIA EXTRAORDINARY 3

(b) that the Bureau has persistently made default in complying with any direction issued by the Central Government under this Act or in discharge of the functions and duties imposed on it by or under the provisions of this Act and as a result of such default, the financial position of the Bureau had deteriorated or the administration of the Bureau had deteriorated; or

(c) that circumstances exist which render it necessary in the public interest so to do, the Central Government may, by notification, supersede the Bureau for such period, not exceeding six months, as may be specified in the notification.

(2) Upon the publication of a notification under sub-section (1) superseding the Bureau -

(a) all the members referred to in clauses (o), (p) and (q) of sub-section (2) of section 4 shall, as from the date of supersession, vacate their offices as such;

(b) all the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the Bureau, shall until the Bureau is reconstituted under sub-section (3), be exercised and discharged by such person or persons as the Central Government may direct; and

(c) all property owned or controlled by the Bureau shall, until the Bureau is reconstituted under sub-section (3), vest in the Central Government.

(3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the Central Government may reconstitute the Bureau by a fresh appointment and in such case any person or persons who vacated their offices under clause (a) of sub-section (2), shall not be deemed disqualified for appointment:

Provided that the Central Government may, at any time, before the expiration of the period of supersession, take action under this sub-section

(d) the Central Government shall cause a notification issued under sub-section (1) and full report of any action taken under this section and the circumstances leading to such action to be laid before each House of Parliament at the earliest.

48.

(1) Where a company makes a default in complying with the provisions of clause (c) or clause (d) or clause (h) or clause (i) or clause (k) or clause (l) or clause (n) or clause (r) or clause (s) of section 14 or clause (b) or clause (c) or clause (h) of section 15, every person who at the time of such contravention was incharge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to have acted in contravention of the said provisions and shall be liable to be proceeded against and imposed penalty under section 26 accordingly:

Provided that nothing contained in this sub-section shall render any such person liable for penalty provided in this Act if he proves that the contravention of the aforesaid provisions was committed without his knowledge or that he exercised all due diligence to prevent the contravention of the aforesaid provision.

Default by companies

(2) Notwithstanding anything contained in sub-section (l), where any contravention of the provisions of clause (c) or clause (d) or clause (h) or clause (i) or clause (k) or clause (l) or clause (n) or clause (r) or clause (s) of section 14 or clause (b) or clause (c) or clause (h) of section 15 has been committed with the consent or connivance of, or in attributable to, any neglect on the part of , any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to have contravened the said provisions and shall be liable to be proceeded for imposition of penalty accordingly.

Explanation – For the purposes of this section, “company” means a body corporate and includes a firm or other association of individuals.

43 of 1961

49.

Notwithstanding anything contained in the Income-tax Act, 1961 or any other enactment for the time being in force relating to tax on income, profits or gains -

(a) the Bureau;

Exemption from tax on income

(b) the existing Energy Management Centre from the date of its constitution to the date of establishment of the Bureau,

SEC. 1 THE GAZETTE OF INDIA EXTRAORDINARY 3

shall not be liable to pay any income tax or any tax in respect of their income, profits or gains derived.

Protection of action taken in good faith

50.

No suit, prosecution or other legal proceedings shall lie against the Central Government or Director-General or Secretary or State Government or any officer of those Governments or State Commission or its members or any member or officer or other employee of the Bureau for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder.

Delegation

51.

The Bureau may, by general or special order in writing, delegate to any member, member of the committee, officer of the Bureau or any other person subject to such conditions, if any, as may be specified in the order, such of its powers and functions under this Act (except the powers under section (58) as it may deem necessary

Power to obtain information

52.

Every designated consumer or manufacturer of equipment or appliances specified under clause (b) of section 14 shall supply the Bureau with such information, and with such samples of any material or substance used in relation to any equipment or appliance, as the Bureau may require.

Power to exempt

53.

If the Central Government or the State Government is of the opinion that it is necessary or expedient so to do in the public interest, it may, by notification and subject to such conditions as may be specified in the notification, exempt any designated consumer or class of designated consumers from application of all or any of the provisions of this Act:

Provided that the Central Government or the State Government, as the case may be, shall not grant exemption to any designated consumer or class of designated consumers for the period exceeding five years:

Provided further that the Central Government or State Government, as the case may be shall consult the Bureau of Energy Efficiency before granting such exemption.

Chairperson, Members, officers and employees of the Appellate Tribunal, Members of State Commission, Director-General, Secretary, members, officers and employees to be public servants.

54.

The 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 members, Director-General, Secretary, officers and other employees of the Bureau shall be deemed, when acting or purporting to act in pursuance of any of the provisions of the Act, to be public servants within the meaning of section 21 of the Indian Penal Code.

45 0f 1860

Power of Central Government to issue directions.

55.

The Central Government may give directions to a State Government or the Bureau as to carrying out into execution of this Act in the State

Power of Central Government to make rules.

56.

(1) The Central Government may, by notification, make rules for carrying out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) such number of persons to be appointed as members by the Central Government under clauses (o), (p) and (q) of sub-section (2) of section 4;

(b) the fee and allowances to be paid to the members under sub-section (5) of section 4;

(c) 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 under sub-section (4) of section 9;

SEC. 1 THE GAZETTE OF INDIA EXTRAORDINARY 3

(d) the terms and conditions of service of officer and other employees of the Bureau under sub-section (2) of section 10;

(e) performing such other functions by the Bureau, as may be prescribed, under clause(u) of sub-section (2) or section 13;

(f) the energy consumption norms and standards for designated consumers under clause (g) of section 14;

(g) prescribing the different norms and standards for different designated consumers under the proviso to clause (g) of section 14;

(h) the form and manner and the time within which information with regard to energy consumed and the action taken on the recommendations of the accredited energy auditor be furnished under clause (k) of section 14;

(i) the form and manner in which the status of energy consumption be submitted under clause (l) of section 14;

(j) the minimum qualification for energy managers under clause (m) of section 14;

(k) the form and manner for preparation of scheme and its implementation under clause (o) of section 14;

(l) the energy conservation building codes under clause (p) of section 14;

(m) the matters relating to inspection under sub-section (2) of section 17;

(n) the form in which, and the time at which, the Bureau shall prepare its budget under section 22;

(o) the form in which, and the time at which, the Bureau shall prepare its annual report under section 23;

(p) the form in which the accounts of the Bureau shall be maintained under section 25;

(q) the manner of holding inquiry under sub-section (l) of section 27;

(r) the form of and fee for filing such appeal under sub-section (2) of section 31;

(s) the salary and allowances payable to and other terms and conditions of service of the Chairperson of the Appellate Tribunal and Member of the Appellate Tribunal under section 35;

(t) the salary and allowances and other conditions of service of the officers and other employees of the Appellate Tribunal under sub-section (3) of section 39;

(u) the additional matters in respect of which the Appellate Tribunal may exercise the powers of a civil court under clause (i) of sub-section (2) of section 40;

(v) any other matters which is to be, or may be, prescribed, or in respect of which provision is to be made, or may be made by rules.

57.

(1) The State Government may, by notification, makes rules for carrying out the provisions of this Act and not inconsistent with the rules, if any, made by the Central Government.

Power of State Government to make rules

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: -

(a) energy conservation building codes under clause (a) of section 15;

(b) the form, the manner and the period within which information with regard to energy consumption shall be furnished under clause (h) of section 15;

(c) the person or any authority who shall administer the Fund and the manner in which the Fund shall be administered under sub-section (4) of section 16;

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

(e) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, or may be made, by rules.

SEC. 1 THE GAZETTE OF INDIA EXTRAORDINARY 3

Power of Bureau to make regulations

58.

(1) The Bureau may, with the previous approval of the Central Government and subject to the condition of previous publication, by notification, make regulations not inconsistent with the provisions of this Act and the rules made thereunder to carry out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-

(a) the times and places of the meetings of the Governing Council and the procedure to be followed at such meetings under sub-section (1) of section 5;

(b) the members of advisory committees constituted under sub-section (2) of section 8;

(c) the powers and duties that maybe exercised and discharged by the Director-General of the Bureau under sub-section (6) of section 9;

(d) the levy of fee for services provided for promoting efficient use of energy and its conservation under clause (n) of sub-section (2) of section 13;

(e) the list of accredited energy auditors under clause (o) of sub-section (2) of section 13;

(f) the qualifications for accredited energy auditors under clause (p) of
25th August 2007 From India, Delhi

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