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State of Jammu-Kashmir - Section

Section 12 in The Jammu and Kashmir Energy Conversation Act, 2011

12. Power of Government to enforce efficient use of energy and its conservation.

- The Government may, by notification, in consultation with the Bureau, -
(a)modify and amend the norms for processes and energy consumption standards for any equipment, appliances which consumes, generates, transmits or supplies energy to suit the regional and local climatic conditions of the State ;
Explanation :- For purposes of this clause, 'norms for processes and energy consumption standards' shall mean the norms notified by the Central Government under section 14 of the Energy Conservation Act, 2001 (Central Act 52 of 2001) ;
(b)specify energy conservation building codes with respect to use of energy in the buildings ;
(c)amend and modify the energy conservation building codes to suit the regional and local climatic conditions of the State ;
Explanation :- For purposes of this clause, 'energy conservation building codes' shall mean the codes notified by the Central Government under section 14 of the Energy Conservation Act, 2001 (Central Act 52 of 2001) ;
(d)prescribe the specifications of equipments or appliances or class of equipments or appliances, as the case may be, for the purpose of the Act ;
(e)prohibit manufacture or sale or purchase or import of equipment or appliance specified under clause (d) unless such equipment or appliances conforms to energy consumption standards :
Provided that no notification prohibiting manufacture or sale or purchase or import or equipment or appliance shall be issued within a period of six months from the date of notification issued under clause (a) of this section :Provided further that the Government may, having regard to the market share and the technological development having impact 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 by a further period not exceeding six months ;
(f)direct display of such particulars on label on equipment or on appliance specified under clause (d) and in such manner as may be specified by regulations ;
(g)specify, having regard to the intensity or quantity of energy consumed and the amount of investment required for switching over to energy efficient equipments and capacity of 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 in the energy intensive industries and other establishments as specified in the Schedule as a designated consumer for the purposes of the Act ;
(h)alter the list of energy intensive industries specified in the Schedule ;
(i)establish and prescribe such energy consumption norms and standards for designated consumers as it may consider necessary :
Provided that the Government may prescribe different norms and standards for different designated consumers having regard to such factors as may be prescribed ;
(j)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 ;
(k)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 ;
(l)specify the matters to be included for the purposes of inspection under sub-section (2) of section 16 ;
(m)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 ;
(n)direct any designated consumer to designate or appoint energy manager incharge 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 ;
(o)prescribe minimum qualification for energy auditors and energy managers to be designated or appointed under clause (n) ;
(p)direct every designated consumer to comply with energy consumption norms and standards ;
(q)direct any designated consumer, who does not fulfill the energy consumption norms and standards prescribed under clause (i), 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, the time within which and the manner as may be prescribed ;
(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 organize training of personnel and specialists in the techniques for efficient use of energy and its conservation ; and
(v)take steps to encourage preferential treatment for use of energy efficient equipment or appliance.