Section 10 in The Energy Conservation (Energy Consumption Norms and Standards for Designated Consumers, Form, Time within which, and Manner of Preparation and Implementation of Scheme, Procedure for issue or purchase of Energy Saving Certificate and Value of Per Metric Tonne of Oil Equivalent of Energy Consumed) Rules, 2012
10. Obligations of accredited energy auditor.
(1)For the work of verification or check verification, the accredited energy auditor shall constitute a team comprising of a team head and other members including experts:Provided that a person who was in the employment of a designated consumer within the previous four years, shall not be eligible to perform the work of verification or check-verification for such designated consumer;Provided further that any person or firm or company or other legal entity, who was involved in undertaking energy audit in any of the designated consumer within the previous four years, shall not be eligible to perform the work of verification or check-verification for such designated consumer.(2)The accredited energy auditor shall ensure that persons selected as team head and team members must be independent, impartial and free of potential conflict of interest in relation to activities likely to be assigned to them for verification or check-verification.(3)The accredited energy auditor shall have formal contractual conditions to ensure that each team member of verification and check-verification teams and technical experts act in an impartial and independent manner and free of potential conflict of interest.(4)The accredited energy auditor shall ensure that the team head, team members and experts prior to accepting the assignment inform him about any known, existing former or envisaged link to the activities likely to be undertaken by them regarding verification and check verification.(5)The accredited energy auditor must have documented system for determining the technical or financial competence needed to carry out the functions of verification and check-verification and in determining the capability of the persons referred to in sub-rule (2), the accredited energy auditor shall consider and record among other things the following aspects, namely:-(a)complexity of the activities likely to be undertaken;(b)risks associated with each project activity;(c)technological and regulatory aspects;(d)size and location of the designated consumer;(e)type and amount of field work necessary for the verification or check-verification.(6)The accredited energy auditor shall have documented system for preparing the plan for verification or check-verification functions and the said plan shall contain all the tasks required to be carried out in each type of activity, in terms of man days in respect of designated consumers for the purpose of verification and check-verification.(7)The names of the verification or check-verification team members and their bio-data shall be provided by the accredited energy auditor to the concerned designated consumer in advance.(8)The verification or check-verification team shall be provided by the accredited energy auditor with the concerned working documents indicating their full responsibilities with intimation to the concerned designated consumer.(9)The accredited energy auditor shall have documented procedure-(i)to integrate all aspects of verification or check-verification functions;(ii)for dealing with the situations in which an activity undertaken for the purpose of compliance with the energy consumption norms and standards or issue of energy savings certificate shall not be acceptable as an activity for the said purposes.(10)The accredited energy auditor shall conduct independent review of the opinion of verification or check-verification team and shall form an independent opinion and give necessary directions to the said team if required.(11)In preparing the verification and check-verification reports, the accredited energy auditor shall ensure transparency, independence and safeguard against conflict of interest.(12)The accredited energy auditor shall ensure the confidentiality of all information and data obtained or created during the verification or check verification report.(13)In assessing the compliance with the energy consumption norms and standards and issue of energy savings certificates, the accredited energy auditor shall follow the provisions of the Act, rules and regulations made thereunder.(13A)[ Any deviation from rules 6, 7, 8 and rule 9, and required professional conduct for verification or check verification by accredited energy auditor shall attract action under the relevant provisions of the Bureau of Energy Efficiency (Qualifications for Accredited Energy Auditors and Maintenance of their List) Regulations, 2010.] [Inserted by Notification No. G.S.R. 373(E), dated 31.3.2016 (w.e.f. 30.3.2012).](14)After completion of the check-verification, the accredited energy auditor shall submit the check-verification report, together with the certificate in Form-'C', to the Bureau.
