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EXTRAORDINARYPUBLISHED BY AUTHORITY

ISLAMABAD, FRIDAY, JULY I,2016

PART I

Acts, Ordinances, President's Orders and Regulations

SENATE SECRETARIAT

lslamabad, the 29th June, 2016

No. F. 9(10)/2016-Legis.-The following Act of Majlis-e-Shoora(Parliament) received the assent ofthe President on 28th June, 2016 and is herebypublished for general information:-

Acr No. XXX oe 2016

An Act lo provide lar the establishment of instilutions and enuncialion ofmechmisms and procedures so as to provide for effective consemation and

efrcient use of energt

Wusnens the conservation and eflicient use of energy is pivotal for thedevelopment of Pakistan;

AND wHEREAs it is expedient and imperative to establish institutions andstipulate mechanisms and procedures for €ffective conservation and efticient use ofenergy in Pakistan and for matters connected therewith and incidental thereto;

(6t7)

Price: Rs. 20.50

[3217 (2016)/Ex.Gaz.l

il

618 THE GI.ZETTE OF PAKISTAN, EXTRA., JULY I , 2016 [Penr I

It is hereby enacted as follows:-

1. Sbort title, extent and commencement.-{ 1) This Act may be

called the National llnergy Efficiency and Con'servation Ac! 2016.

(2) It extends to the whole ofPakistan

(3) It shall come into force at once.

2. Definitions.-ln this Act, unless there is anything repugnant in the

subject or context,--

(i) "accre lited laboratory" means a laboratory designated by the Authorityor the Provincial Govemment and duly accredited by the NationalAccreditation Body to carry out such procedures and tests as are

necessary for furtherance of the purposes of this Act;

(ii) "adverse energy and environment effect" means energy wastage and

discharge of air pollutants due to energy waste practiccs;

(iii) "agriculture and livestock sector'- means activities or practices related

to soil management. land preparation (illage, plowing etc), harvesting,threshing, mechanized livestock and agriculture farming, livesock and

agricu ture farm irrigation and drainage, livestock and agriculture farmmanagement, livestock and agriculture farm produce transportation,agro-chemicals management, livestock. plant and agriculture foodprocessing, preservation and value addition, bio-mass recycling,rangeland and forest management, livestock and poultry management,post hrrvest output management:

(iv) "Authrrrity" mearls the National linergy Efficiency and ConservationAutho.'ity established under section 6;

(v) "Boart" means the National Energy Effrciency and Conserration Boardestablished under section 3;

(vi) "build.ngs sector" means all buildings including private domestichousetold, commercial, industrial, public and community buildings;

(vii) "certified energy auditor" means any person to be certified anddesignr ed by the Authority for carrying out energy audit in accordancewith the provisions of thisAct;

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(viii) "designated agency" means an agency designated as such by the Boardor a Provincial Govemment for the purpose ofthis Act;

(ix) "designated consumer" means a consumer designated as such by theAuthority for the purpose ofthis Act;

(x) "efticiency" means the ratio of€nergy output to energy input in respectofenergy consuming equipment, appliances or systems;

(xi) "ENERCON" means the National Energy Conservation Centre

(xii) "energy'' means conventionaI and non-conventional, altemate sourcesofenergy including petroleum, coal, natural gas, liquefied petroleumgas or compressed natural gas and.electrical energy and may alsoinclude such other new or renewable forms of energy as the Boardmay, by notification in the official Gazette, specifo;

(xiii) "enerry audit" means an exarnination ofany energy consuming projectabouttle way the energy is generated, transmitted, distributed or used

there and identification of areas where energy waste can occur forimproving energy efficiency and where scope for improving energyuse efficiency may be possible;

(xiv) "enerry conservation" means reduction in energy consumption byminimizing waste, orcurtailmentof enerry use or improving generation,

transmission, distribution or end use energy efiiciency to avoid waste,creating additional energy supply at source and effecting a reductionof undesirable emissions _to the atmosphere or air due to better fuelcombustion;

(xv) "Energy Conservation Tribunal" means the Tribunalconstituted underSection l9;

(xvi) "energy use assessment" means a comprehensive review and analysisto determine the appropriateness of energy use in any energyconsuming project;

(xvii) "energy waste" means amount of energy that remains unused ordiscarded due to incomplete burning or combustion or due to use ofinefficient energy consuming equipment, appliance or due to pmcess

or inefficient operation, maintenance and management of a system;

(xviii) "Government" means the Federal Govemment or, as the case maybe, a Provincial Govemment;

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(xix) "industrial sector" means small scale, medium scale and large scale

industy involv ing manufacturing making formulating ahering; repairing;

finishirrg, packing or otherwise treating any article or substance with aview to its use, sale, transport, delivery or disposal;

(xx)

(xxi)

"Managing Director" means the Managing Director of the Authority;

'National Accreditation Body" means the Pakistan AccreditationCounc I or such body as may be notified for the purpose by theGovenLment;

(:xii) "Natiornl Standards Body" means the Pakistan Standards and QualityContro Authority or such other body as may be notified for the purpose

by the (iovernment:

(>odil) "persor " means anaturalor legal person, firm, association, partnership,

society, group, mmpany, corporation, co-operative society, Govemmentagency, public body, non govemmental organization, community based

organization, village organization, local council or local authority and,

in the c rse ofa vehicle, the owner or other person having for the timebeing the charge or control ofthe said vehicle;

(,o.iv) "pollution" means contam ination ofair, land or water due to dischargeof pol lu tants as a consequence of incomplete or inefficient combustionof ene4gy resources that alters unfavorably the chemical, physical,biological, radiation, thermal, radiologicalor aesthetic properties ofair,water or aknosphere;

(xxv) "power recto/'means generation, transmission and distribution systemofelectr icity;

(xxvi) "prescrrbed" means prescribed by rules or, as the case may be,regulati rns made under this Act;

(xvii) "project" means any activity, scheme, proposal or undertaking in anysector o'economy involving use of enerry;

(torviii)

0o<ix)

(xxx)

"regulations" means the regulations made under this Act;

"rules" lneans the rules made under this Act;

"sectors rfeconomy" include but not limited to power sector, induskialsector, transport sector, agriculture and livestock sector and thebuildingr; sector;

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(x;od) "standards" means numeric values for optimum level ofenerry unitsrequired to produce a unit of output or desirable energy efficiencylevels assigned to any process, object, equipment or appliance eitherfor general applicability or for specific application established underthe provisions of this Act; and

(rcxii) 'transport sector" means road transport, railways, aviation and suchother means of transportation as the Board may determine.

3. Establishment of the Board.{l) As soon as may be after thecommencement of this Ac! the Federal Govemment shall, by notification in theofificial Gazette, establish a Board to be known as the Pakistan Energy Efficiencyand Conservation Board consisting of the following members, namely:-

(a) Federal Minister of the Division to which subject-m atter Chairmanof tlis Act stands allocated

(b) Federal Secretary ofthe Division to which subject-matter ofthis Act stands allocated

(c) Federal Secretary Ministry ofFinance

(d) Federal Secretary, Ministry ofPlanning andDevelopment

(e) Federal Secrctary of the Division to which subject-matter of Petroleum and Natural Resources standsallocated

(f) Federal Secretary ofthe Division to which subject-matter ofScience and Technology stands allocated

(g) Federal Secretary ofthe Division to which subject-matter of Industries stands allocated

(h) Federal Secretary ofthe Division to which subject-matter of Housing and Works stands allocated

(i) Federal Secretary ofthe Division to which subject-matter of Climate stands allocated

O Secretary of the Designated Department,Govemment ofthe Punjab

(k) Secretary of the Designated Department,Govemment of Sindh

Wce Chairman

Member

Member

Member

Member

Member

Member

Member

Member

Member

622 THE GAZE mE OF PAKISTAN, EXTRA., ruLY l. 2016 [P.rnr I

(l) Secretary of tht: Designated Department, MemberGovernment of Khyber Pakhtunkhwa

(m) Secretary of tht, Designated Department, MemberGovemment of Balochistan

(n) Chairman, Oil and Gas Regulatory Authority Member

(o) Chairman, Natir,nal Electric Power Regulatory Authority Member

(p) one nominee fic m Chambers of Commerce and lndustry Member

(q) one person fior,Agriculture sector nominated Memberby the Federal (iovernment

(r) Managing Direc.tor of the Authority Member

(s) Five persons of known integrity and competence from Memberprivate sector o1'which three would be full time paid.

These Members shall have expertise in different sectors

defined in the A,:t, includingAgriculture and Livestock.

(2) A member of the Board other than at ex-offcio member, shall holdoftice for a period of three years from the date of his appointment and shall be

eligible for reappointme nt but for not more than two terms.

(3) The headquarters ofthe Board shall be at Islamabad, but it may holdits meetings anywhere ir Pakistan as and when deemed necessary.

(4) The Board shall hold not less than three meeting during a year and

may co-opt members fo:'particular meetings or generally as may be necessary.

(5) A meeting ofthe Board shall be presided over by the Chairman oftheBoard or, in his absence, by the Vice Chairman or in his absence by any memberelected by the Board.

(6) The Board may make its own rules of procedure and conduct of itsbusiness accordingly.

(7) A member ofthe Board, other than an ex-ofricio member, may at anytime by writing under hi; hand resign from his office, provided that no resignationshall take effect until it llas been accepted by the Board.

(8) The preserLce of not less than one-third of the total members of theBoard shall be necessaq, to constitute a quorum for its meetings and its decisionsshall be expressed in terms of the opinion of the majority members present andvoting. In case ofa tie, dle vote ofthe presiding officer shall be the casting vote.

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(9) The Board may delegate any ofits functions, other than the making ofregulations, to any committee set up by it or to any of its members, subject to suchconditions, if an1,, as it may specifo. The recommendations of the committees shallbe submitted to the Board for approval.

( l0) The Board or any of its committees may invite any technical expert orrepresentative ofany Govemment agency or non-govemmental organization or otherperson possessing specialized knowledge of any subject for assistance for theperformance of its functions.

(l I) The Board may recommend to the Federal Govemment or a ProvincialGovemment to establish advisory committees for various sectors for assisting theAuthority in the discharge of its functions.

( I 2) The Provincial Govemment may noti! a specifii public depanmentas focal point for the proper co-ordination, facilitation and enforcement of theprovisions ofthisAct.

4. Functions ard powers of the Board.-( I ) The supervision,management ofthe affairs, and policy direction of the Authority shall vest with theBoard.

(2) The Board may, exercise all powers and do all acts which may beexercised or done hy the Authority.

(3) The Board, or a Provincial Govemment with the concunence of theBoard. may establish any suitable structure or mechanism for enforcement ofthisAct in consultation with National SundardsBody including energr efficiency sandards,labeling. incentives, Frnes and other related requirements under this Act with effectfrom the date to be determined by the Board.

(4) The Board may approve appropriate streogthening, restructuring,capacity building, terms and conditions ofemployees and compensation orprotectionof service benefits IbTNEECA and its employees, to effectively car4r out the fimctionsunder the provisions ofthis Act.

5. Organizstion of the Boad.{l) The Board may, for carrying outits functions for promotion of energy conservation and efficienc1,, development ofenergy efficient technologies, certification ofenergy efficient products and projectsand project management, may establish one or more organizations as it may considernecessary.

(2) The organization established under sub-section (1) shall be subject tocontrol and supervision ofthe Board and shall functidn within the framework of thisAct.

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(3) An organization established under sub-section (l) shall perform such

- business as may be pres,cribed by regulations by the Board for the purpose.

6. Establishment of the Authority.-{l) As soon as may be after the

commencement of this Act, the Federal Govemment shall, by notilication in the

official Gazette, establir;h an Authority to be called the National Energy Efficiencyand Conservation Authr,rity.

(2) The Authority shall be a body corporate having perpetual succession

and a common seal with powers, subject to the provisions ofthis Act, to acquire,

hold and dispose of property, both moveable and immoveable and shall have the

capacity to sue and be ;ued.

(3) The general direction and administration oftheAuthorig and is afairsshall vest in the Maniging Director, who shall be appointed by the Federal Govemment

on such terms and conditions as may be prescribed. Managing Director shall be an

energy and environmental expert ofknown integrity, competence with at least ten

years ofrelated experience in handling energy projects. Managing Director shalI be

appointed for an initial term of three years and shall be eligible for re-appointmentupon satisfactory performance for similar temr uplo a maximum of sixty-five years

age. Subject to this Act the lUanaging Director may exercise all powers and do allacs and things, which may be exercised or done by the Authority. The ManagingDirector will serve as tlre Secretary ofthe Board and shall rcport to the Board and

seek its approval for all matters including its budget, plans and projects.

' (4) The Managing Director, officers, employees and servants of the

Authority shall, when at ting or purporting to act in pursuance ofany ofthe provisions

of this Act or the rules and regulations made thereunder, be deemed to be publicservants within the me?ming of section 2l of the Pakistan Penal Code (Act XLV ofr160).

7. Powers and functions of Authority,---jThe powers and functions ofthe Authority shall be k>-

(a) serve as s:le focal Federal authority for initiating, catalyzing, carryingout and coordinating the implementation of all energ;.' conservationprograms in all sectors ofeconomy;

(b) administ(,f implement and enforce the provisions of this Act and therules and regulations made thereunder;

(c) prepare o;'update national enerry conservation policy for the approvalof the Board;

Perr Il THE GAZETTE OF PAKISTAN, EXTRA., JULY 1,2016 62s

(d) prepare draft regulations to be made by the Board pursuant to theprovisions ofthis Act;

(e) recommend national energy efficiency standards to the Board andafter approval by the National Standards Body ensure implementationof these standards;

(f) coordinate energy conservation policies and programs nationally andintemational ly;

(g) establish protocols ofcoordination between relevant firnctionaries ofthe Government and serye as the information house on energyconservation and management;

(h) initiate demonstration and research and development programs insupport of its functions;

(i) establish infrastructure and take appropriate institutional developmentand capacity building measures for effective implementation of theprovisions ofthis Act;

() establish systems and procedures for surveys, surveillance, monitoring,inspection and audits to prevent the inefficient use ofenerry rcsourcesand recommend implementation of specific energy conservationmeasures;

(k) establish and maintain one or more laboratories as accreditedlaboratories for conducting tests and analysis to help the Authority inthe performance of its functions and to conduct research in variousaspects of enerry conservation;

(l) seek information or data relevant to its functions from any p€rson ororganization for quantitative or technological analysis;

(m) recommend to the Federal Govemment or a Provincial Govemmentthe adoption offinaacial and fiscal incentives or schemes for hchievingenergy conservation objectivesl

(n) initiate requests for foreign technical and financial assistance for thepurposes of this Ac! enter into arrangements with foreign agenciesand organizations for exchange of information and materials andparticipate in international meetings and seminars;

626 THE GAZETTE oF PAKISTAN, EXTRA., JULY 1,2016 [Pe.nr I

(o) obtain information or data relevant to the functions ofthe Authorityfrom ary person in such form as the Authority may specily;

(p) undeneke inquiry or investigation into enerry consen'ation issues, eidteron its own accord or upon complaint from any person or on the adviceofthe lloard;

(q) summr'n and enforce the attendance of any person or an officer,emplol'ee, proprietot parlner, manager, dircctor or chief executive ofan entity and require him to supply any information or document needed

for the r:onductofan inquiry or investigation into any issue being carried

out pursuant to the provisions ofthisAct;

(r) direct rn initial energy use assessment to be carried out for anyupcoming project and subm itted to the Authority before commencement

thereol;

(s) carry ort energy audits either by itselfor direct any person to conductan enerry audit by any certified or designated energy auditor for anyfacility, enterprise, factory, building or object for the purpose ofidentil'ication of energy conservation issues and makingrecomrrendations for corrective measures thereof;

(t) requesl for tests and analysis from its own laboratory or fiom anyother accredited laboratory of an equipmcnt, gadget, accessory orhardware to measure its energy characteristics;

(u) prohibit manufacture, sale or import of equipment orappliances whichare not rnergy-emcient and ensure display ofsuch particulars throughlabels c'n equipment or applialces as may be necessary;

(v) fix and realize fee, rates and charges for rendering any service orproviding any facility or information or data audit or assessment ortest can'ied out pursuant to the provisions of thisAct and the rules and

regulat, ons made thereunder;

(w) appoint such technical and legal experts and administative staff as itconsiders necessary for the efficient performance of its functions onsuch terms and conditions as may be prescribed; and

(x) perfomr any other function assigned to it by the Federal Govemmentor the Board including but not limited to-

(i) arange, conduct and monitor the training ofrclevant professionalsfor their performance as energy auditors or managers;

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(ii) facilitate, manage or designate authority for the appropriateregistration of energy auditing firms or individuals andprofessionals;

(iii) direct, coordinate, renew and terminate the services of energtauditors, relevant rainers and energy efficiency inspectors as

may be specified by regulations.

8. Indemnity.-No suit prosecution or other legal proceedings shall lieagainst the Federal or Provincial Govemment or officers thereof, Managing Directoror any member or officer or employee ofthe Authority or any person exercising anypower or performing any act carried or contemplated to be carried out in good faithin furtherance ofthe provisions ofthis Act, as determined by the Board, or the rulesor regulations made thereunder.

9. Fund of the Authority.{l) There shall be formed a fund to be

known as theAuthority Fund, which shall vest in theAuthority and shall be utilizedby the Authority to meet charges in connection with its functions under this Actirrcluding, inter al i4 the payment ofsqlaries and other remuneration to the ManagingDirector, members, officers, employees, servants, experts and consultants of theAuthority.

(2) The Authority Fund shall be admi4istered in the manner as may beprescribed.

(3) To the credit of the Authority Fund shall be placed,-

(a) initial seed money grant of one billion rupees by the FederalGovemment, for the purpose of meeting expenses in connectionwith the functions and operations of the Board and the Authority,institutions and organizations under this Act, including paymentofsalaries and other remunerations, payable to employees oftheAuthority as well as consultants and advisers;

(b) revenue budget allocations by the Federal Govemment till suchtime that an adequate Authority Fund is in place;

(c) grants made by the Federal Govemmenq whether annually orotherwise;

(d) aid and assistance, grants, adyances, donations and other non-obligatory funds received from foreign governments, local orintemational agencies, and non-governmental organizations;

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(e) levy that may be collected by the Federal Govemment for the

purposes of energy conservation and efficiency enhancement;

(f) corrtributions from private organizations and other persons;

(g) fees received under the provisions ofthisAct and the rules and

repulations made thereunder;

(h) income from investments and commercially viable energycorservation programs; and

(i) receipts of the Authority from any other source

(4) The Authoritv may invest its funds in such profGearning projects, and

maintain saving accourts in such banks or financial institutions, as may be approved

by the Board.

(5) The accounts oftheAuthority shallbe audited by the Auditor General

of Pakistan.

10. Powers and functions of the Federal Government to facilitateand enforce efficie:ot use of energy and its conservation.-The FederalGovemment may, in consultation with the Authority and National Standards Body(Where ever applicable):-

(a) specifutre normVspecifications for processes and enerry consumptionstandards for any equipment, appliance which consumes, generates,

transmitr or supplies energy;

(b) specifo <:quipment or appliance or class ofequipments or appliances,as the czse may be, for the purposes ofthis Act;

(c) prohibit manufach.ue or sale or purchase or import of equipment orapplianc,: specified rmder clause (b), unless such equipment or applianceconforms to energy consumption standards:

Pro rided that no notification prohibiting manufacture or sale orpurchase or import of equipment or appliance shall be issued within aperiod ol six months from the date ofnotification issued under clause (a):

Prol ided further tlrat the Federal Govemment may, having regardto the mzLrket share and the technological development having impact

PARr Il THE GAZETTE OF PAKISTAN, EXTRA., ruLY l, 2016 629

on equipment or appliance, and for reasons to be recorded in writing,extend the said period of six months referred to in the first proviso bya further period not exceeding six months;

(d) direct display ofsuch particulars on labelon equipment oron appliancespecified under clause (b) and in such mamer as may be specified byregulations;

(e) speci!, having regard to the intensity or quantity ofenergy consumedand the amount of investment required for switching over to energyefficient equipments and capacity ofindusty to invest in it and availabilityof the energy efficient machinery and equipment required by theindustry, any user or class of users of energy in the energy intensiveindustries and other establishments as a designated consumer for thepurposes of this Act;

(0 alter the list ofenergy intensive industries specified by the Authority;

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

Provided that the Federal Govemment may prescribe differentnorms and standards for different designated consumers having regardto such factors as may be prescribed;

(h) direct, having regard to quantity ofenergy consumed or the norms andstandards ofenergy consumption specified underclause (a), the energyintensive industries specified to get energy audit conducted by anaccredited energy auditor in such manner and intervals oftime as maybe prescribed by regulations;

(i) direct, if considered necessary for efficient use of energy and itsconservation, any designated consumerto get energy audit conductedby an accredited energy auditor;

O specifr the matter to be included for the purposes of inspection;

(k) direct any designated consumer to fimish to the designated agency, insuch form and manner within such period, as may be prescribed, theinformation with regard to the energy consumed and action taken onthe recommendation ofthe accredited energy auditor;

( l) direct any designated consumer to designate or appoint enerry managerin charge ofactivities for efficient use ofenergy and its conservationand submit a report in the form and manner as may be prescribed, onthe status ofenergy consumption at the end ofevery financial year tothe designated agency;

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(m) prescribe minimum qualification for energy auditors and energymanagers to be designated or appointed under clause (l);

(n) directevery designated consumerto comply with enerry consumptionnorms and standards;

(o) direct any designated consumer, who does not fulfill the energyconsumplion norms and standards prescribed under clause (g), toprepare a scheme for elficient use ofenerry and its conservation andimplement such scheme keeping in view the economic viability oftheinvestrnent in such form, time and the manner as may be prescribed;

(p) prescribe enerry conservation building codes for efficient use ofenerryand its conservation in the building or building complex;

(q) amend the enerry conservation building codes to suitthe regional andlocal clin,atic conditions:

(r) direct ev,:ry owner or occupier ofthe building or building complex,being a designated consumer to comply with the provisions ofenergyconservation building codes for efficient use of energy and itsconservalion;

(s) direct, any designated consumer referred to in clause (r), ifconsiderednecessa4,, for efficient use ofenerry and its conservation in his buildingto get energy audit conducted in respect of such building by an

accredited energy auditor in such manner and intervals oftime as maybe specilied by regulations;

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

(u) arrange and organize training of personnel and specialists in thetechniques for efficient use ofenergy and its conservation;

(v) prescrih: penalties for the energy inefficient apparatus, appliances,equipment, plant and machinery; and

(w) take stelrs to encourage preferential treatment for use of energyefticient equipment or appliances:

Provided that the powers under clauses (p) to (s) shalt beexercise,l in consultation with the concemed Province.

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ll. Powers of the Federal Government to issue energj savingcertifrcate.{l) The Federal Government may issue energl saving certificate to adesignated consumer whose enerry consumption is less than the prescribed normsand standards in accordance with the procedure as may be prescribed.

(2) The designated consumer whose energy consumption is more thanthe prescribed norms and standards shall be entitled to purchase the energy savingcertificate to comply with the prescribed norms and standards.

12. Powers of the Federal Government to specify value of energr.-The Federal Government may, in consultation withAuthorigv, prescribe the value ofper metric ton ofoil equivalent ofenergy consumed for the purpose of this Act.

. 13. Powers and functions of Provincial Governments to facilit{teand enforce eflicient use of energy and its conservation.{l ) The ProvincialGovernments ma1,, after approval of proposals to the effect thereoffrom the Boardand in consulmtion with theAuthority, by notification,-

(a) amend the enerry conservation building codesto suit the regionalandlocal climatic conditions and may, by nrles made by it, speci! andnotif energy conservation building codes with respect to use ofenerryin the buildings,

(b) direct cvery owner or occupier ofa building or building complex beinga designated consumer to comply with the provisions of the enerryconservation building codes;

(c) direct, if considered necessary for efficient use of energy and itsconsenation, any designated consumer referred to in clause (b) to getenerry audit conducted by an accredited enerry auditor in such manner' and at such intervals oftime as may be specified by regulations;

(d) establish or designate laboratories duly accredited and certified by theFederal Government;

(e) collect data and information and maintain database; and

(f) direct, any designated consumer to firmish to the designated agency,in such form and manner and within such period as may be specifiedby rules made by it, information with regard to the enerry consumedby such consumer.

(2) The Federal Govemment may establish a fund to be called the EnergrConservation Fund for the purposes of promotion ofefficient use ofenerry and itsconservation within its territory.

632 THE GAZIITTE OF PAKISTAN, EXTRA.. ruLY I,2016 [Panr I

(3) To the Fund shall be credited all gants and loans that may be made bythe Provincial Govemrnent or the Federal Govemment or any other organization orindividual for the purposes ofthisAct.

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

(5) The FunC established under sub-section (2) shall be administered bysuch persons or authority and in such manner as may be specified in the rules madeby the Federal Goverrrment in respect thereof.

(6) The Provincial Govemment may, by notification in the ofticialGazette,adopt or make rules frrr carrying out the provisions of this Act. which shall not beinconsistent with the rules, if any, made by the Federal Govemment.

(7) the Provincial Governments shall nominate a specific department underits control to coordinrte with the Authoriry and facilitate implementation of theprovisions of this Acr within its jurisdiction. The Authority upon receiving thenomination fiom Prov incialCovernmen! may declare the nominated department as

the designatea agency. The designated agency may appoint as many inspectingofiicers as may be ne':essary fbr the purpose of ensuring compliance ofthis Act.

(8) Subject to any rules made under this Act, an inspecting o{ficer shallhave such powers as ;ested in him by the Board.

(9) The Federal Govemment or a Provincial Government rnay. in exerciseof their powers and p:rformance of their fr:nctions under this Act and tbr efficientuse of energy and its conservation, issue such directions in writing to any person,

officer, authority or u.ny designated consumer as they deem fit for furthering thepurposes of this Act arrd such person, offrcer or authoritSr or any designated consumershall be bound to comply with such directions.

Explanution;1he power to issue directions under this sub-section includesthe power to direct ir respect of-

(a) regulating the norms for process and energy consumption standards inany indr"rstry or building or building complex; and

(b) regulat ng the energy consumprion standards for equipments andapplian:es.

14. Powerr of Provincial Government to make rules.{l) TheProvincial Govemm(int may, by notification in the official Gazette, make rules forcarrying out the pror isions of this Act and not inconsistent with the rules, if any,made by the Federal Government.

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(2) In particular, and without prejudice to the generality ofthe forcgoingpower, such rules may provide for all or any of the following matten, ,lamely:-

(a) energy conservation building codes under section l3;

(b) the form, maaner and period within which information with regard toenergy consumption shall be furnished under section l3;

(c) the person or any authority who shall administer the Fund and themanner in which the Fund shall be administered under section 13;

(d) the matters to be included forthe purposes ofinspection under section I5;

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

15. Powers of inspection.{l) The designated agency may appoint,after the date ofcommencement ofthis Act, as many inspecting officers as may benecessary for the purpose ofensuring compliance witlr enerry consumption standards

specified under section l0 or ensurc display ofparticulars on label on equipment orappliance spccified under clause (b) of section l0 or for the purpose of performingsuch other frrnctions as may be assigned to them.

(2) Subject to any rules made under this Act an inspecting ofFtcer shallhave power to-

(a) inspect aly operation carried on or in connection with the equipmentor appliance specified under clause (b) of section 10 or in respect ofwhich energr standards under clause (a) of section 10 have beenspecified;

(b) enter any place ofdesignated consumer at which the energr 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 ofenerry-

(i) to afford him necessary facility to inspect-

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

(B) any production process to ascertain the energr consum6ion- norms and standards;

(ii) to make an invantory ofsock ofany equipment or appliance

checked or verified by him;

634 THE GAZETTE OF PAKISTAN, EXTRA., JULY 1,2016 [Prnr I

(iif to record the statement of any person which may be useful for, orrelevant to, for efficient use ofenergy and its conservation under thisAct.

(3) An insper:ting officer may enter any place of designated consumer,-

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

(b) where an y equipment or appliance notified under clause ( b) ofsectionl0 has b,:en kep! during the hours at which such place is open forproduction or conduct ofbusiness connected therewith.

(4) An inspecting officer acting under this section shall, on no accoun!r€move or cause to be n:moved from the place wherein he has entered, any equipmentor appliance or books :faccount or other documents.

16. Powers to issue directions.-The Federal Government or aProvincial Govemment may, in exercise of its powers and performance of its functionsunder this Act and for e ificient use ofenergy and its conservation, issue such directionsin writing as it deems lit for the purposes ofthis Act to any person, officer, authorityor any designated conr;umer and such person, offrcer or authority or any designatedconsumer shall be bound to comply with such directions.

Erplanation.--For the avoidance of doubts, it is hereby declared that thepower to issue directions under this section includes the power to direct-

(a) regulation ofnorms for process and enerry consumption standards inany indu stry or building or building comple6 or

(b) regulati rn of the energy consumption standards for equipment andapplianr,es.

17. Procedure for conducting inquiry, inyestigatiotr and encrgyeudit{l) The Auth:rity or a designated agency may on its own initiative or upona complaint require an'/ person to get energy audit carri€d out within the time stipulatedby such agency.

(2) The Aut hority or a designated agency shall bring the wastage ofenergiinto notice ofthat penon and give reasonable time to that person for taking correctivemeasures thereof.

(3) After *,e expiry of the stipulated time, the Authority or a designatedagency shall require that person to get second enerry audit or such remedial measuresas may be prescribec.

Penr Il THE GAZETTE OF PAKISTAN, EXTRA., JULY 1,2016 635

(4) lfthat person is again found to be contravening the provisions ofthisAct, he shall be subject to a fine, to be imposed by the Authority or a designatedagency, in accordance with section 18, after providing a reasonable opportunity ofhearing to that person.

18. lmposition of line.{l) Failure on part of any person to comply withthe pmvisions ofthisAct shall constitute an offence, utich shallentaila frne commensurdewith tlre gravity of offence, as determined by the Board from time to time.

(2) The amount offine imposed, in case ofdefault shall be recovered as

arrears of land revenue.

19. Energr Conservation Tribunals.{l) The Federal Govemmentmay, by notification in the official Gazette, establish as many Eneryy ConservationTribunals as it consider necessary and, where it establishes more than one EnergrConservation Tribunals, it shall speci$/ territorial limits within which, or the class ofcases in respect of which, each one of them shall exercise jurisdiction under thisAct.

(2) An Enerry Conservation Tribunal shall consist ofa Chairperson whois, or has been, or is qualified for appointment as a judge ofa High Court to beappointed after consultation with the ChiefJustice ofthe High Court concerned andtwo members to be appointed by the Federal Govemment ofwhich at least one shallbe a technical member with suitable professional qualifications and experience inthe energy conservation field as may be prescribed.

(3) For every sitting ofthe Enerry Conservation Tribunal, the presence ofthe Chairperson and not less than one member shall be necessary.

(4) Adecisionof an Enerry Conservation Tribunal shall be expressed interms ofthe opinion ofthe majority of its members, including the Chairperson, or ifthe case has been decided by the Chairperson and only one of the members andthere is a difference ofopinion between thern, the decision ofthe Energy ConservationTribunal shall be expressed in terms ofthe opinion ofthe Chairperson.

(5) An Energy Conservation Tribunal shall no! merely by reason of achange in its composition, or the absence ofany member from any sitting, be boundto recalland rehear anywihess who has given evidence, and may act on the evidencealready recorded by or produced before it.

(6) An Enerry Conservation Tribunal may hold its sittings at such places

within its territorialjurisdiction as the Chairperson may decide.

(7) No act or proceeding of an Energy Conservation Tribunal shall beinvalid by reason only ofthe existence ofa vacancy in, or defect in fte constitution,of the Enerry Conservation Tribunal.

636 THE GAZETTE OF PAKISTAN, EXTRA., JULY 1, 2016 [Pnnr I

(8) The temrs and conditions of service of the Chairperson and members

ofthe Energy Consen'ation Tribunal shall be such as may be prescribed.

(9) An Energy Conservation Tribunal shall exercise such powers andperform such functiorrs as are, or may be, conferred upon or assigned to it by orunder this Act or the rules and regulations made thereunder.

(10) All contaventions under sections l7 and I E shallexclusively be riableby an Energy Conservation Tribunal.

(l l) In all m rtters with respect to which no procedure has been providedfor in this Ac! the Energy Conservation Tribunal shall follow the procedure laiddown in the Code of(livil Procedure, 1908 (Act V of l90t).

(12) Any pelson aggrieved by any order or direction of the Authority orany designated Provincial agency under any provision of this Act and rules orregulations may prefer an appeal to the Energy Conservation Tribunal within thirtydays ofrhe date ofconrmunication ofthe impugned order or direction to such person.

( l3) An appt:al to the Energy Conservation Tribunal shall be in such form,contain such particulus and be accompanied b1. such fee as may be prescribed.

(14) Any person aggrieved by any tinal order ofthe Energr ConservationTribunal passed under this Act may. u,ithin thirty days of communication ofsuchorder, prefer an appeal to the High Court concemed.

(15) The Energy Conservation Tribunal shall, preferably, dispose of theappeal within a periorl ofninety days from the date of its filing. In case the Tribunalfails to dispose of the same within the stipulated period, it shall decide within a

reasonable period, after recording reasons for such delays.

( l6) The En,:rry Conservation Tribunal may co-opt any additional memberto assist the Tribunal in technical matters.

20. Power to make rules.-The Federal Govemment may, by notificationin the official Gazettr:, make such rules for carrying outthe purposes of thisAct, asapproved by the Board.

21. Power to make regulations.-{ I ) The Board may, by notification inthe official Gazette, lnake regulations in consultation with the Authority to achievethe purposes of this r\ct.

(2) Witholt prejudice to the provisions of suFsection ( I ), the regulationsmay provide for iz ter alia the powersand modes ofappointments and determ inationofthe terms and conrlitions ofthe employees.

P,rnr Il THE GAZETTE OF PAKISTAN, EXTRA., JULY l,2016 637

22. Delegation of powers,{ I ) The Authority may, by general or special

ordcr in writing, delegate to any of its officer, consultant, adviser, designated entityor any other person such of its powers and functions under this Act and subject tosuch conditions, as may be specified in the order.

23. Power to exempt {l) In case the Authority is of the opinion that itis expedient so to do in the public interest, it may, by notification and subject to suchconditions as may be specified therein, exempt any designated consumer or class ofdesignated consumers from application ofall or any ofthe provisions ofthis Act:

Provided that the Authority shall not grant exemption to any designatedconsumer or class of designated consumers for a period exceeding five years.

(2) After the expiry ofthe period specified in the proviso to sub-section( I ), the designated consumer or class ofdesignated consumers shall not be entitledfor exemption for any further period.

24. Act not to be demgatory.-The provisions of this Act shall be inaddition to and not in derogation to the provisions ofany other law for the time beingin force.

25. Trensitionat-< I ) All existing officers, employees and servants ofthe ENERCON, on the date of coming into force of thisAcq shall stand transferredto the Authority, provided that all such officers, employees and servants shall have a

one time irrevocable option to be exercised within six months ofthe commencementof this Act either to be absorbed as the employees of the Authority or retain theirstatus which was enjoyed in the ENERCON.

(2) If any officer, employee or servant exercises one time irrevocableoption to be absorbed against their respective positions he shall be deemed lo beduly appointed under the relevant provisions of this Act on the date such offrcer,employee or staff exercises the one time option and the terms and conditions ofservices of such officer, employee or staffwill be governed by this Act and rulesand regulations made thereunder.

(3) All such officers, employees and servants who do not exercise theoption under sub-section ( I ) ofgetting absorbed in the Au0rority shall continue enjoying

the status as was enjoyed by them before the commencement of this Act.

26. Removal of difficulty.-Ifany difficulty arises in giving effect to theprovisions ofthisAct, the FederalGovemment may, by order in the official Gazette,

make such provisions, not being inconsistent with the provisions of thisAct, as may

appear to be necessary for removing the difficulty:

638 THE GAZTITTE OF PAKISTAN, EX]'RA., JULY I, 2016 [Prnr I

Provided that such power shall not be exercised after one year of thecommencement of thi'r Act.

27. Savings {l) All assets, rights, powers, authorities and privilegesand all property, cash and bank balances, reserve funds, investment and all otherinteress and rights in or ,rising out ofsuch property urd all debs, Iiabilities and obligationsofwhateverkind ofthe ENERCON subsisting immediately before its dissolution shallstand transfened to an,l vest in the Authority mnstituted under this Act.

(2) All debts, liabilities and obligations accrued or incurred or contractsentered into, rights acquired and all matters and things engaged to be done by, withor for, the ENERCOI{ shall be deemed to have been accrued, incurred, enteredintd acquired or engaged to be done by, with or fbr, the Authority.

(3) All suit; and other legal proceedings instituted by or against theENERCON before its dissolution shall be deemed to be suits and proceedings by oragainst the Authority ,rnd shall be proceeded or otherwise dealt with accordingly.

(4) Any relbrence to the ENERCON in any statutory instrument ordocument shall, unle';s the context otherwise requires, be read and construed as

reference to the Authority under this Act.

28. Repeal.-The Federal Govemment's Resolution No. S.R.O. 4(KE/86,dated the 23rd Decenrber, 1986 is hereby repealed.

SYED MUSSARRAT ABBAS SHAH,Acling Secretary

PRINTED BY THE MI,NAGER, PRINTING COR?ORATION OF PAKISTAN PRESS, ISLAMABAD,PI.DLTSHED BY THE DEPITTY CONTROLLE& STATIONERY AND FORMS, TJNTVERSTTY ROAD. XARACHT