3. Establishment and incorporation of Bureau of Energy Efficiency.—(1) With effect from such
date1
as the Central Government may, by notification, appoint, there shall be established, for the purposes
of this Act, a Bureau to be called the Bureau of Energy Efficiency.
(2) The Bureau shall be a body corporate by the name aforesaid having perpetual succession and a
common seal, with power subject to the provisions of this Act, to acquire, hold and dispose of property,
both movable and immovable, and to contract, and shall, by the said name, sue or be sued.
(3) The head office of the Bureau shall be at Delhi.
(4) The Bureau may establish offices at other places in India.
4. Management of Bureau.—(1) The general superintendence, direction and management of the
affairs of the Bureau shall vest in the Governing Council which shall consist of not less than 2
[thirty-one,
but not exceeding thirty-seven], members to be appointed by the Central Government.
(2) The Governing Council shall consist of the following members, namely:—
(a) the Minister in charge of the Ministry or Department of
the Central Government dealing with the Power
ex officio Chairperson;
(b) the Secretary to the Government of India, in charge of
the Ministry or Department of the Central Government
dealing with the Power
ex officio member;
(c) the Secretary to the Government of India, in charge of
the Ministry or Department of the Central Government
dealing with the Petroleum and Natural Gas
ex officio member;
(d) the Secretary to the Government of India, in charge of
the Ministry or Department of the Central Government
dealing with the Coal
ex officio member;
(e) the Secretary to the Government of India, in charge of
the Ministry or Department of the Central Government
dealing with the Non-conventional Energy Sources
ex officio member;
(f) the Secretary to the Government of India, in charge of the
Ministry or Department of the Central Government
dealing with the Atomic Energy
ex officio member;
(g) the Secretary to the Government of India, in charge of
the Ministry or Department of the Central Government
dealing with the Consumer Affairs
ex officio member;
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[(ga) the Secretary to the Government of India, in charge of
the Ministry or Department of the Central Government
dealing with the Environment, Forest and Climate
Change
ex officio member;
1. 1st March, 2002 vide notification No. S.O. 269(E), dated 1st March, 2002 see Gazette of India, Extraordinary, Part II, sec. 3(ii)
2. Subs. by Act 19 of 2022, s. 3, for “twenty, but not exceeding twenty-six” (w.e.f. 1-1-2023).
3. Ins. by s. 3, ibid. (w.e.f. 1-1-2023).
6
(gb) the Secretary to the Government of India, in charge of
the Ministry or Department of the Central Government
dealing with the Housing and Urban Affairs
ex officio member;
(gc) the Secretary to the Government of India, in charge of
the Ministry or Department of the Central Government
dealing with the Road Transport and Highways
ex officio member;
(gd) the Secretary to the Government of India, in charge of
the Ministry or Department of the Central Government
dealing with the Steel
ex officio member;
(ge) the Secretary to the Government of India, in charge of
the Ministry or Department of the Central Government
dealing with the Civil Aviation
ex officio member;
(gf) the Secretary to the Government of India, in charge of
the Ministry or Department of the Central Government
dealing with the Ports, Shipping and Waterways
ex officio member;
(gg) Member of the Railway Board (in charge of Energy),
Ministry of Railways
ex officio member;]
(h) Chairman of the Central Electricity Authority established
under the Electricity (Supply) Act, 1948 (54 of 1948)
ex officio member;
(i) Director-General of the Central Power Research Institute
registered under the Karnataka Societies Act, 1960
(Karnataka Act 17 of 1960)
ex officio member;
(j) Executive Director of the Petroleum Conservation
Research Association, a society registered under the
Societies Registration Act, 1860 (XXI of 1860)
ex officio member;
(k) Chairman-cum-Managing Director of the Central Mine
Planning and Design Institute Limited, a company
incorporated under the Companies Act, 1956
(1 of 1956)
ex officio member;
(l) Director-General of the Bureau of Indian Standards
established under the Bureau of Indian Standards Act,
1986 (63 of 1986)
ex officio member;
(m) Director-General of the National Test House,
Department of Supply, Ministry of Commerce and
Industry, Kolkata
ex officio member;
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[(ma) Director-General of the National Productivity
Council, Department for Promotion of Industry and
Internal Trade, Ministry of Commerce and Industry
ex officio member;]
(n) Managing Director of the Indian Renewable Energy
Development Agency Limited, a company incorporated
under the Companies Act, 1956 (1 of 1956)
ex officio member;
2
[(o) one official each from the energy or power department
of the five States from the five power regions, not
below the rank of Principal Secretary to the State
Government, to be appointed by the Central
Government
member;]
1. Ins. by Act 19 of 2022, s. 3, (w.e.f. 1-1-2023).
2. Subs. by s. 3, ibid., for clause (o) (w.e.f. 1-1-2023).
7
1
[(p) such number of persons, not exceeding seven, as may
be prescribed, to be appointed by the Central
Government as members, from amongst persons who, in
the opinion of the Central Government, are experts or
capable of representing industry, equipment and
appliance manufacturers, architects, institutes and
consumers
member;]
(q) such number of persons, not exceeding two as may be
nominated by the Governing Council as members
member;
(r) Director-General of Bureau ex officio membersecretary.
(3) The Governing Council may exercise all powers and do all acts and things which may be
exercised or done by the Bureau.
(4) Every member referred to in clauses (o), (p) and (q) of sub-section (2) shall hold office for a term
of three years from the date on which he enters upon his office.
(5) The fee and allowances to be paid to the members referred to in clauses (o), (p) and (q) of
sub-section (2) and the manner of filling up of vacancies and the procedure to be followed in the
discharge of their functions shall be such as may be prescribed.
5. Meetings of Governing Council.—(1) The Governing Council shall meet at such times and
places, and shall observe such rules of procedure in regard to the transaction of business at its meetings
(including quorum at such meetings) as may be provided by regulations.
(2) The Chairperson or, if for any reason, he is unable to attend a meeting of the Governing Council,
any other member chosen by the members present from amongst themselves at the meeting shall preside
at the meeting.
(3) All questions which come up before any meeting of the Governing Council shall be decided by a
majority vote of the members present and voting, and in the event of an equality of votes, the Chairperson
or in his absence, the person presiding, shall have a second or casting vote.
6. Vacancies, etc., not to invalidate proceedings of Bureau, Governing Council or Committee.—
No act or proceeding of the Bureau or the Governing Council or any Committee shall be invalid merely
by reason of—
(a) any vacancy in, or any defect in the constitution of, the Bureau or the Governing Council or
the Committee; or
(b) any defect in the appointment of a person acting as a Director-General or Secretary of the
Bureau or a member of the Governing Council or the Committee; or
(c) any irregularity in the procedure of the Bureau or the Governing Council or the Committee not
affecting the merits of the case.
7. Removal of member from office.—The Central Government shall remove a member referred to
in clauses (o), (p) and (q) of sub-section (2) of section 4 from office if he—
(a) is, or at any time has been, adjudicated as insolvent;
(b) is of unsound mind and stands so declared by a competent court;
(c) has been convicted of an offence which, in the opinion of the Central Government, involves a
moral turpitude;
(d) has, in the opinion of the Central Government, so abused his position as to render his
continuation in office detrimental to the public interest:
Provided that no member shall be removed under this clause unless he has been given a
reasonable opportunity of being heard in the matter.
1. Subs. by Act 19 of 2022, s. 3, for clause (p) (w.e.f. 1-1-2023).
8
8. Constitution of Advisory Committees and other committees.—(1) Subject to any regulations
made in this behalf, the Bureau shall, within six months from the date of commencement of this Act,
constitute Advisory Committees for the efficient discharge of its functions.
(2) Each Advisory Committee shall consist of a Chairperson and such other members as may be
determined by regulations.
(3) Without prejudice to the powers contained in sub-section (1), the Bureau may constitute, such
number of technical committees of experts for the formulation of energy consumption standards or norms
in respect of equipment or processes, as it considers necessary.
9. Director-General of Bureau.—(1) The Central Government shall, by notification, appoint a
Director-General from amongst persons of ability and standing, having adequate knowledge and
experience in dealing with the matters relating to energy production, supply and energy management,
standardisation and efficient use of energy and its conservation.
(2) The Central Government shall, by notification, appoint any person not below the rank of Deputy
Secretary to the Government of India as Secretary of the Bureau.
(3) The Director-General shall hold office for a term of 1
[five years] from the date on which he enters
upon his office or until he attains the age of sixty years, whichever is earlier.
(4) The salary and allowances payable to the Director-General and other terms and conditions of his
service and other terms and conditions of service of the Secretary of the Bureau shall be such as may be
prescribed.
(5) Subject to general superintendence, direction and management of the affairs by the Governing
Council, the Director-General of the Bureau shall be the Chief Executive Authority of the Bureau.
(6) The Director-General of the Bureau shall exercise and discharge such powers and duties of the
Bureau as may be determined by regulations.
10. Officers and employees of Bureau.—(1) 2
[The Bureau] may appoint such other officers and
employees in the Bureau as it considers necessary for the efficient discharge of its functions under this
Act.
(2) The terms and conditions of service of officers and other employees of the Bureau appointed
under sub-section (1) shall be such as may be prescribed.
11. Authentication of orders and decisions of Bureau.—All orders and decisions of the Bureau
shall be authenticated by the signature of the Director-General or any other officer of the Bureau
authorised by the Director-General in this behalf.