Professional Documents
Culture Documents
BILL No _______________
A Bill to provide for the establishment of institutions and enunciation of mechanisms and
procedures so as to provide for effective conservation and efficient use of energy in Pakistan and
WHEREAS, the conservation and efficient use of energy is pivotal for the development of
Pakistan;
follows:
i. This Bill may be called the Pakistan Energy Efficiency and Conservation Bill,
2010.
2. Definitions:- In this Bill , unless there is anything repugnant in the subject or context:
i. “ENERCON” means the National Energy Conservation Authority established under section 7;
ii. “Council” means the Pakistan Energy Conservation Council (PECC) established
under section 3;
iii. “Executive Committee” means the committee to exercise powers on behalf of the
natural gas, liquefied petroleum gas or compressed natural gas, and electrical energy, and may
also include such other new or renewable forms of energy as the Council may, by notification in
distribution or end use energy efficiency to avoid waste, creating additional energy supply at
source, and effecting a reduction of undesirable emissions to the atmosphere or air due to better
fuel combustion.
vi. “Sectors of Economy” means Power sector, Industrial sector, Transport sector,
electricity.
viii. “Industrial sector” means small scale, medium scale and large scale industry
treating any article or substance with a view to its use, sale, transport, delivery or disposal.
ix. “Transport sector” means road transport, railways, aviation and such other means
management, land preparation (tillage, plowing etc), harvesting, threshing, mechanized livestock
and agriculture farming, livestock and agriculture farm irrigation and drainage, livestock and
agriculture farm management, livestock and agriculture farm produce transportation, agro-
chemicals management, livestock, plant and agriculture food processing, preservation and value
addition, bio-mass recycling, rangeland and forest management, livestock and poultry
xii. “Pollution” means contamination of air and water due to discharge of air
alters unfavorably the chemical, physical, biological, radiation, thermal, radiological or aesthetic
xiii. “Energy Audit” means an examination of any energy consuming Project about
the way the energy is generated, transmitted, distributed or used there and identification of areas
where energy waste can occur for improving energy efficiency and where scope for improving
xv. “Energy Waste” means amount of energy that remains unused or discarded due
xvi. “Efficiency” means the ratio of energy output to energy input in respect of energy consuming
xvii. “Adverse Energy and Environment effect” means energy wastage and/or
xviii. “Project” means any activity, scheme, proposal or undertaking in any sector of
xix. “Standards” means numeric values for optimum level of energy units required to
producing a unit of output, or desirable energy efficiency levels assigned to any process object,
equipment or appliance either for general applicability or for specific application established
xx. “Proponent” means the person who proposes or intends to undertake a Project.
xxii. “Person” means a natural or legal person, firm, association, partnership, society,
group, company, corporation, co-operative society, government agency, public body, non
local authority and, in the case of a vehicle, the owner or other person having for the time being
xxiii. “Prescribed” means prescribed by this Bill and rules and regulations made
thereunder;
xxv. “Designated Agency” means designated as such by the Council or the Provincial
Government
Provincial Government and/or designated by ENERCON to carry out such procedures and tests
xxvii. “Accredited Energy Auditor” means any person accredited by the Federal or
Provincial Government and/or designated by ENERCON to carry out energy audit in accordance
1. Environment;
3. Communications;
4. Finance;
8. Industries;
(Members)
ii. The Federal Government may increase or decrease the number of the members of
iii. The headquarters of the Council shall be at Islamabad, but it may hold its
iv. The Council shall hold not less than one meeting during a year and may co-opt
v. A meeting of the Council shall be presided by the Chair of the Council or, in his
absence, by the Deputy Chair of the Council or, in his absence, by Co-Deputy Chair
or in his absence by any member designated to the effect thereof by the Chair
vi. The Council shall frame its own rules of procedure and conduct its business
accordingly.
vii. The presence of not less than half of the total members of the Council shall be
necessary to constitute a quorum for its meetings and its decisions shall be expressed
in terms of the opinion of the members present and voting. In case of a tie the vote of
viii. The Council may delegate any of its function, other than the making of
ix. The Council or any of its committees may invite any technical expert or
other person possessing specialized knowledge of any subject for assistance for the
establish Advisory Committees for various sectors for assisting ENERCON in the
xi. Provincial Government may notify a specific public department as focal point for
the proper co-ordination facilitation and enforcement of the provisions of this Bill.
economy.
Bill ;
energy resources.
compliance.
on energy conservation.
technologies for the promotion of energy conservation through all legal and
policy support.
j. Institute national energy conservation and management awards for
of energy conservation.
ii. The Council may, either itself or upon the request of any person or
related requirements under this Bill with effect from the date to be determined by
the Council.
effectively carry out the functions under the provisions of the Bill.
ii. The Federal Government may increase or decrease the number of the members of
the Executive Committee of the Council and prescribe their qualifications and
mode of appointment.
iii. The Executive Committee shall exercise powers on behalf of the Council for
appropriate by the Council. Presence of one third of the total members will
iv. All the decisions of the Executive Committee shall be submitted to the Council
other than an ex-officio member shall hold office for a period of three years from
the date of his nomination and shall be eligible for re-nomination under the
any time, by writing under his hand, resign his office, provided that no
resignation shall take effect until it has been accepted by the authority which the
member represents.
and shall be the principal and sole focal Federal Authority to exercise the powers
and perform the functions assigned to it under the provisions of this Bill and the
ii. ENERCON shall be a body corporate having perpetual succession and a common
iii. The general direction and administration of ENERCON and its affairs shall vest
such terms and conditions as it may determine. The Managing Director may
exercise all powers and do all acts and things which may be exercised or done by
ENERCON.
iv. The ENERCON shall have such administrative, technical and legal staff as the
acting or purporting to act in pursuance of any of the provisions of this Bill or the
the meaning of section 21 of the Pakistan Penal Code (Act XLV of 1860).
vi. All existing officers, employees and servants held on the authorized strength of
ENERCON on the date of coming into force of this Bill, shall be deemed to be
grade higher along with the incumbents. All such deputationists may within six
calendar months from the date of coming into force of this Bill, exercise a one
be to:
ii. Administer, implement and enforce the provisions of the Bill and the
rules and regulations made there under, as may be assigned by the Council.
iii. Prepare or update national energy conservation policy for the approval of
the Council.
iv. Prepare draft regulations to be approved and issued by the Council
internationally.
government and serve as the information at/on house on energy conservation and
management.
the Bill.
inspection and audits to prevent the inefficient use of energy resources, and
approved laboratories for conducting tests and analysis to help ENERCON in the
conservation.
xii. Seek information or data relevant to its functions from any person or
xiv. Initiate requests for foreign technical and financial assistance for the
purpose of this Bill, enter into arrangements with foreign agencies and
on its own accord or upon complaint from any Person or on the advice of the
Council;
xvii. Summon and enforce the attendance of any Person (or an officer,
require him to supply any information or document needed for the conduct of an
enquiry or investigation into any issue being carried out pursuant to the
xviii. Direct an initial energy use assessment to be carried out for any
thereof;
xix. Carry out energy audits either by itself or direct any Person to receive an
thereof;
xx. Request for tests and analysis from its own laboratory or from a certified
xxi. Fix and realize fees, rates and charges for rendering any service or
out pursuant to the provisions of this Bill and rules and regulations made there
under;
xxii. Appoint such technical experts as it considers necessary for the efficient
performance of its functions on such terms and conditions as it may deem fit in
xxiii. Lease, purchase, acquire, own, hold, improve, use or otherwise deal in
xxiv. Sell, convey, mortgage, pledge, exchange or otherwise dispose off its
the Council;
xxvi. Generally to perform and carry out all such acts and functions which are
this Bill.
Indemnity
No suit, prosecution or other legal proceedings shall lie against the Federal or
provisions of this Bill or the rules or regulations made there under, in good faith.
which shall vest in the ENERCON and shall be utilized by the ENERCON to
meet charges in connection with its functions under this Bill including, inter alia,
ii. The Fund shall be administered in consonance with the Rules and
and advisors;
e. Levy that may be collected by the Federal Government for the purposes
conservation programs;
iv. The ENERCON may invest its funds in such profit-earning projects, and
approve.
notification-
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
buildings;
b. direct every owner or occupier of a building or building complex being a
such form and manner and within such period as may be specified by rules
consumer;
ii. The Provincial Government may constitute a Fund to be called the Provincial
iii. To the Fund shall be credited all grants and loans that may be made by the
iv. The Fund shall be applied for meeting the expenses incurred for implementing
v. The Fund created under sub-section (ii) shall be administered by such persons or
authority and in such manner as may be specified in the rules made by the
vi. The Provincial Government may, by notification, make rules for carrying out the
provisions of this Bill, which shall not be inconsistent with the rules, if any, made
provisions of the Bill within the jurisdiction of the said province. The
agency may appoint, as many inspecting officers as may be necessary for the
viii. Subject to any rules made under this Bill, an inspecting officer shall have such
ix. The Federal Government or the provincial Government may, in the exercise of
their powers and performance of their functions under this Bill and for efficient
use of energy and its conservation, issue such directions in writing to any person,
officer, authority or any designated consumer as they deem fit for furthering the
purposes of this Bill and such person, officer or authority or any designated
Explanation – For the avoidance of doubts, it is hereby declared that the power to
appliances.
complaint require any Person to get energy audit carried out within the
ii. ENERCON or a Designated Agency shall bring the wastage of energy into
notice of the Person and give reasonable time for corrective measures, to
13. Penalties:
i. Failure on part of any Person to comply with the provisions of this Bill,
Thousand Rupees shall be levied for every single day of continued breach.
this Bill.
ii. The tribunal shall consist of a chairman and not less than two members
of his duty
f. The Tribunal may adopt such procedure to hear and disposes off
members present and in case of a tie, the chairman shall have a casting
vote.
to visit any premises or place for ascertaining the facts and obtaining
the appeal.
period of 90 days from the date of its filling. In case the Tribunal fails
15. Power to make Rules: The Federal Government may, by notification in the
Official Gazette, make such rules for carrying out the purposes of this Bill, as
16. Power to make Regulations: The Council may make such regulations as it
deem appropriate for furthering the purposes of this Bill, with the approval of
of its officer, consultant, advisor or any other person such of its powers and
Bill
Provided that the ENERCON, shall not grant exemption to any designated
years;
iii. The provisions of this Bill shall be in addition to, and not in derogation to
the provisions of any other law for the time being in force.
iv. If any difficulty arises in giving effect to the provisions of this Bill, the
such provisions not being inconsistent with the provisions of this Bill, as
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