The Energy Conservation Act, 2001
47. Power of Central
Government to supersede Bureau.-
1. If
at any time the Central Government is of opinion-
a. that on account of
grave emergency, the Bureau is unable to discharge the functions and duties
imposed on it by or under the provisions of this Act; or
b. that the Bureau has
persistently made default in complying with any direction issued by the Central
Government under this Act or in discharge of the functions and duties imposed
on it by or under the provisions of this Act and as a result of such d fault,
the financial position of the Bureau had deteriorated or the administration of
the Bureau had deteriorated; or
c. that circumstances
exist which render it necessary in the public interest so to do, the Central
Government may, by notification, supersede the Bureau for such period, not
exceeding six months, as may be specified in the notification.
1.
2. Upon
the publication of a notification under sub-section (1) superseding the
Bureau,-
a. all the members
referred to in clauses (o), (p) and (q) of sub-section (2) of section 4 shall,
as from the date of supersession, vacate their offices as such;
b. all the powers, functions
and duties which may, by or under the provisions of this Act, be exercised or
discharged by or on behalf of the Bureau, shall until the Bureau is
reconstituted under sub-section (3), be exercised and discharged by such person
or persons as the Central Government may direct; and
c. all property owned or
controlled by the Bureau shall, until the Bureau is reconstituted under
sub-section (3), vest in the Central Government.
1.
2.
3. On
the expiration of the period of supersession specified in the notification issued
under sub-section (1), the Central Government may reconstitute the Bureau by a
fresh appointment and in such case any person or persons who vacated their
offices under clause (a) of sub-section (2), shall not be deemed disqualified
for appointment: Provided that the Central Government may, at any time, before
the expiration of the period of supersession, take action under this
sub-section.
4. The
Central Government shall cause a notification issued under sub-section (1) and
a full report of any action taken under this section and the circumstances
leading to such action to be laid before each House of Parliament at the
earliest.