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Union of India - Section

Section 6 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

6. Assessment of performance.

(1)Every designated consumer, within [four months] [Substituted by Notification No. G.S.R. 373(E), dated 31.3.2016 (w.e.f. 30.3.2012).] of the conclusion of the target year from the baseline year shall submit to the State designated agency, with a copy to the Bureau, the performance assessment document in Form 'A' covering the performance for the relevant cycle specifying the compliance with energy consumption norms and standards, duly verified together with certificate in [Form 'B' along with verification report] [Substituted by Notification No. G.S.R. 373(E), dated 31.3.2016 (w.e.f. 30.3.2012).] given by the accredited energy auditor and accompanied by the following documents, namely:-
(a)copy of unique number of registration given to the designated consumer;
(b)proof of timely submission of reports in Form 1 under Rules 2007 for the previous three years;
(c)proof of timely submission of reports in Form I, [Form 2 and Form 3] [Substituted by Notification No. G.S.R. 373(E), dated 31.3.2016 (w.e.f. 30.3.2012).] under Rules 2008 along with copies thereof including the reports for the target year;
(d)details of energy savings measures implemented for compliance with the energy consumption norms and standards in [Form 2 and Form 3] [Substituted by Notification No. G.S.R. 373(E), dated 31.3.2016 (w.e.f. 30.3.2012).] of Rules 2008, for each year, covering the relevant cycle enclosing therewith, a brief about the year-wise energy savings measures, details of investment made, photographs in support of measures implemented in each year, if feasible, and percentage improvement in energy savings achieved in every year following the baseline year until the target year;
(e)details of energy consumption norms and standards of the designated consumers in the baseline year, achievement made in every year following the baseline year and upto the target year together with the opinion of the accredited energy auditor on the achievement of energy consumption norms and standards, entitlement or requirement of energy savings certificates along with the details of calculation and correctness of entitlement or requirement duly certified by the accredited energy auditor;
(f)name and particulars of the energy manager, his date of appointment, details of duties performed including initiatives undertaken for improvement in energy conservation and energy efficiency
(1A)[ If the Central Government is of the opinion that it is necessary or expedient so to do in the public interest, it may, by order, in consultation with the Bureau and subject to such conditions as may be specified in the said order, extend the time specified in sub-rule (1) for submission of Performance assessment document by class of designated consumers, for a period not exceeding two months.] [Inserted by Notification No. G.S.R. 528(E), dated 30.6.2015 (w.e.f. 30.3.2012).][* * *] [Deleted '(2) The designated consumer, within three months after the end of first or second year of the relevant cycle, may submit performance assessment document in Form 'A' to the State designated agency, with a copy to the Bureau, for issuance of proportionate energy savings certificates covering the performance for a period of not less than one year from the date of notification specifying the energy consumption norms and standards, duly verified together with certificate in Form 'B' given by accredited energy auditor alol1g with the documents mentioned in sub-rule (1).' by Notification No. G.S.R. 373(E), dated 31.3.2016 (w.e.f. 30.3.2012).]
(3)The accredited energy auditor shall independently evaluate each activity undertaken by the designated consumer for compliance with the energy consumption norms and standards and entitlement or requirement of energy savings certificate, to ensure that they meet with the requirements of these rules.
(4)The accredited energy auditor, in order to assess the correctness of the information provided by the designated consumer regarding the compliance with energy consumption norms and standards shall-
(a)apply standard auditing techniques;
(b)follow the rules and regulation framed under the Act;
(ba)[ follow the guidelines issued by the Bureau from time to time;] [Inserted by Notification No. G.S.R. 373(E), dated 31.3.2016 (w.e.f. 30.3.2012).]
(c)integrate all aspects of verification, and certification functions;
(d)make independent technical review of the opinion and decision of the verification team;
(e)[ also take into consideration, [Substituted by Notification No. G.S.R. 409(E), dated 26.4.2018 (w.e.f. 30.3.2012).]
(iii)for ensuring compliance with the energy consumption norms and standards, the sector specific guidelines specified in the Schedule I and Schedule II to these rules;
(A)Document review, involving -
(i)review of data and its source, and information to verify the correctness, credibility and interpretation of presented information;
(ii)cross checks between information provided in the audit report and, if comparable information is available from sources other than those used in the audit report, the information from those other sources and independent background investigation;
(B)follow up action, involving-
(i)site visits, interviews with personal responsible in the designated consumersÂ’ plant;
(ii)cross-check of information provided by interviewed personnel to ensure that no relevant information has been omitted or, over or under valued;
(iii)review of the application of formulae and calculations, and reporting of the findings in the verification report.]
(iv)the procedure for assessment which shall include but not limited to the following, -
(5)The accredited energy auditor shall report the results of his assessment in a verification report and the said report shall contain,-
(a)the summary of the verification process, results of assessment and his opinion along with the supporting documents;
(b)the details of verification activities carried out in order to arrive at the conclusion and opinion, including the details captured during the verification process and conclusion relating to compliance with energy consumption norms and standards, increase or decrease in specific energy consumption with reference to the specific energy consumption in the baseline year;
(c)the record of interaction, if any, between the accredited energy auditor and the designated consumer as well as any change made in his assessment because of the clarifications, if any given by the designated consumer.
(6)If the accredited energy auditor records a positive opinion in his verification report, the Bureau shall consider that all the requirements with regard to the compliance with energy consumption norms and standards, entitlement about issue or liability to purchase energy savings certificate have been met.
(7)After submission of duly verified Form 'A' by designated consumer, state designated agency may convey its comments, if any, on Form 'A' to the Bureau [within forty-five days] [Substituted by Notification No. G.S.R. 373(E), dated 31.3.2016 (w.e.f. 30.3.2012).] of the last date of submission of Form 'A'.
(8)[ The designated consumer shall make necessary arrangement for taking "as fired basis" samples from auto-sampler installed at solid fuel feeding points for the purpose of fuel sampling.
(9)The designated consumer shall ensure that coal samples are picked up from the auto-sampler at least once in a month and get such samples tested at the internal lab of the designated consumer and external National Accreditation Board for Testing and Calibration Laboratories (NABL)accredited lab for Gross Calorific Value (GCV) and proximate analysis of coal.
(10)The designated consumer shall ensure that coal samples are picked up from the auto-sampler at least once in a quarter and get the same sample tested at external National Accreditation Board for Testing and Calibration Laboratories (NABL) accredited lab for ultimate analysis.
(11)The State designated agency shall ensure that coal samples are picked up at random through an independent agency engaged by it from the auto-sampler and get the same sample tested at the internal lab of the designated consumer and external National Accreditation Board for Testing and Calibration Laboratories (NABL) accredited lab for GCV and proximate analysis of coal.] [Inserted by Notification No. G.S.R. 373(E), dated 31.3.2016 (w.e.f. 30.3.2012).]