Government of the People’s Republic of Bangladesh Ministry of Law, Justice and Parliamentary Affairs Legislative and Parliamentary Affairs  Division

Dated the 10th  December, 2012

NOTIFICATION

Dated:  28 April, 2014/15th  Boishakh, 1421

S.R.O.No. 69 Law/2014- In exercise of the powers conferred by section 29 of   the Sustainable and Renewable Energy Development Authority Act, 2012. (Act  No.  48 of 2012), the Government is pleased to publish the following authentic English Text of the Act and it shall be effective from the date on which the Bangla Text of    the Act came into force under section 2 of the  Act:

The Sustainable and Renewable Energy Development Authority Act, 2012 (Act No. 48 of  2012)

[10th  December, 2012]

An Act to make provisions for the establishment of the Sustainable and Renewable Energy Development Authority to ensure energy  security

WHEREAS it is expedient to control global warming, to mitigate the risk of natural calamity and gradually to lessen dependence on fossil  fuel  for  energy security by promoting the use of renewable energy;  and

WHEREAS energy conservation and efficient use thereof may play a role to prevent misuse of energy and reduce global warming;  and

WHEREAS it is expedient and necessary to make provisions for the establishment of Sustainable and Renewable Energy Development Authority and matters connected therewith to ensure energy  security;

THEREFORE, it is hereby enacted as  follows:-

CHAPTER 1

Preliminary

1. Short title and commencement. – (1) This Act may be called the Sustainable and Renewable Energy Development Authority Act,  2012.

(2) It shall come into force on such date as the Government may, by notification in the official Gazette,  appoint.

1. Definitions. – In this Act, unless there is anything repugnant in the subject or context –

(1)       “non-renewable energy” means energy derived from natural gas, coal, peat coal, mineral oil, other fossil fuel and energy derived from electricity and nuclear power and any other energy and power derived from any other sources as may be declared by the Government as non-renewable energy, by notification in the  official Gazette, from time to time;

(2)          “Authority” means the Sustainable and Renewable Energy Development Authority established under section  4;

(3)          “Clean Development Mechanism (CDM)” means the Clean Development Mechanism set out in rules made under this  Act;

(4)         “Chairman” means the Chairman of the  Board;

(5)       “energy” means renewable energy and non-renewable energy and power produced from the use of  energy;

(6)          “energy audit” means determination of energy efficiency through verification, monitoring and analysis of machinery and appliances of designated consumer and utilization process of energy,  and  shall also include the account of cost benefit related to comparative energy expenses and technical report containing action plan to reduce energy consumption identifying possible areas of replacement by renewable  energy;

(7)          “Energy Auditor” means any person or firm, having such qualification as may be determined by the Authority, who  or  which is capable of conducting energy audit activities of different industrial and business organizations, large buildings and other energy using establishments, in such manner as  may  be  prescribed by regulations;

(8)          “Energy Manager” means any  person having such  qualification   as may be determined by the Authority to perform duty as an Energy Manager, who continuously monitors the  activities  of  using energy of the establishment, identified by the Authority, reduces its inefficient and dissipative use of energy, prepares and maintains reports thereof and submit it to the competent authority;

(9)      “energy resources” means all types of primary and commercial energy or converted energy, natural gas, mineral oil, coal,  peat coal, electricity, other fossil fuel, bio-gas, bio mass, bio fuel, hydrogen cell, geothermal, energy derived from low and high tide and wave, solar energy, wind energy, hydro power, nuclear power etc. produced in the country or imported from  abroad;

(10)       “energy conservation” means energy conserved by taking steps such as improvement of energy burning efficiency, prevention of misuse of energy, recovery and use of waste heat, use of more efficient and environment friendly alternate energy in place of energy being used, efficient use of energy  etc;

(11)       “sustainable energy” means the development of  renewable  energy and activities relating to energy efficiency and its conservation;

(12)   “designated consumer” means a consumer declared as designated consumer prescribed by rules;

(13)    “fund” means the Sustainable and Renewable Energy Development Authority Fund  mentioned in section 19  ;

(14)     “renewable energy” means bio-mass (fire wood, paddy husk, sugar cane bagasse, waste etc.), bio-fuel, bio gas, hydro power, solar energy, wind energy, hydrogen cell, geothermal, low and high tide energy and energy derived from any other source as may be declared by the Government, from time to time, by notification in the  official gazette ;

(15)   “prescribed” means prescribed by rules or  regulations;

(16)   “Board ” means the Board  constituted under section  9;

(17)   “regulations” means regulations made under this Act  ;

(18)   “fuel” means energy products;

(19)   “rules” means rules made under this Act  ;

(20)    “member” means any member of the  Board.

1. Overriding effect of the Act. –Notwithstanding  anything  contained  in any other law for the time being in force, for carrying out the purposes of this Act, the provisions of this Act shall prevail.

CHAPTER 2

Establishment, and functions of the Authority,  etc.

1. Establishment of the Authority. – (1) After the commencement of this  Act, the Government shall, by notification in the official Gazette, establish an Authority to be called the Sustainable and Renewable Energy Development Authority.

(2) The Authority shall be a body corporate, having perpetual succession, and    a common seal, with power, subject to the prior approval of the Government, to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.

1. Office of the Authority. – (1) The head office of the Authority shall be at Dhaka.

(2) The Authority may, with the prior approval of Government, set up its branch office at any place of  Bangladesh.

1. Responsibilities and functions of the Authority. – Responsibilities and Functions of the Authority shall be as follows, namely:  –

(1)     to take necessary measures to create public awareness and motivation for efficient use of power and energy and its conservation;

(2)     to encourage the use of power and  energy  efficient  equipment and take necessary steps for standardization and labeling of power and energy using equipment and  appliances;

(3)     to establish testing laboratories or provide assistance  in  establishing laboratories in order to test and certify on standard equipments of using  energy;

(4)     to encourage  energy  efficiency  and  conservation  related research and development and to identify innovative financing for implementation of projects or associated works relating  thereto, and arrange necessary training in this  behalf;

(5)     to assist the Government in making and implementation of energy efficient building  code;

(6)     to make regulation for qualification and competency of energy manager and energy auditors and selection of accredited energy auditor firm;

(7)     to coordinate the implementation activities of energy  efficiency and conservation in government, semi-government  and  autonomous  bodies  and  create  commercial  market  for  sustainable energy in private sector through  demonstration;

(8)     to assist the Government in making necessary laws, rules, regulations for sustainable energy  development;

(9)     to identify energy inefficient equipment and take necessary measures  to  stop  its production, import and  sales;

(10)  to take necessary measures to declare designated consumers of different energy consumers or category of  consumers;

(11)  to prepare and update inventory of renewable  energy  resources and associated technologies ,indicating its geographical location of sites and verify its suitability for commercial use after assessing possibilities of its exploitation;

(12)  to provide necessary technical assistance in preparing CDM or  similar type of activities;

(13)  to prepare short, medium and long term development project to extend the use of renewable energy with specific targets and take necessary steps to implement it;

(14)  to provide technical and financial assistance in research, development, demonstration and training on renewable  energy;

(15)  to take necessary steps for creating public awareness  and motivation in order to encourage the use of renewable energy in public and private sector;

(16)   to assist to identify sources of financing and make necessary arrangement to provide financial incentives to attract  and  encourage private investment in renewable energy  sector;

(17)     to send tariff proposal of renewable energy to Bangladesh Energy Regulatory Commission established under section 4 of Bangladesh Energy Regulatory Commission Act, 2003  (Act  No.13  of  2003), upon discussion with the  Government;

(18)   to assist the Government to coordinate the implementation of renewable energy development related activities in government, semi - government and autonomous  bodies;

(19)   to encourage commercialization of renewable energy and energy efficiency activities in private sector through implementation  of  pilot project;

(20)   to assist the Government to formulate, update and implementation of policies made under this Act, including revision of Renewable Energy Policy;

(21)   to coordinate with different Ministries, Divisions  and organizations  in     matters related to sustainable energy;

(22)   to establish linkage with regional and international organizations on sustainable energy;

(23)   to perform such other functions as may be prescribed by rules or by the Government, from time to time.

1. Power of the Authority to impose fee. –The Authority may, with the prior approval of the Government, impose appropriate fee for any act done under this  Act.

CHAPTER 3

Matters relating to management

1. Management. – The general direction and management of the Authority shall vest in a Board and the Board of Directors may exercise such powers and perform such functions as may be exercised and performed by the   Authority.
   1. Constitution of the Board of Directors. – (1) The Board of Directors of the Authority shall consist of a Chairman and members not more than 16   (sixteen).

(2)  The Chairman and 5 (five) members shall be the fulltime members and other members shall be the honorary members of the Board of  Directors.

(3) The Chairman and the fulltime members of the Board of Directors shall be appointed by the  Government and the terms and conditions  of their service shall  be determined by the Government.

(4) The Chairman shall be the Chief Executive of the  Authority.

(5)   6 (Six) representatives from different Ministries/Divisions, and 5 (five) members to be nominated by the Government from academicians, professionals, technical experts, business representatives or representative from  non-  government development organization to be included as the honorary members of the Board of Directors.

(6)  The member, nominated under sub-section (5) shall hold his office for a period of 2 (two) years from the date of his  nomination:

Provided that the nominated member shall resign from his  office  upon  the request of the Government or any such member may resign  from his  office  by a letter in writing under his signature addressed to the  Chairman.

(7)   The Government may re-nominate any member nominated under sub-section (5).

1. Meeting of the Board of Directors. –(1)The Board of Directors shall, subject to the provisions of this section, determine the procedures of its meetings.

(2)  The meeting of the Board shall be held at as such times and places as may be determined by the  Chairman:

Provided that the Board of Directors shall hold its meeting at least once in every 3 (three) months.

(3)  All the meetings of the Board of Directors shall be presided over by the Chairman, and, in his absence, the person in the charge of the Chairman or any member empowered by him shall preside over the  meeting.

(4)  To constitute a quorum at a meeting of the Board of Directors not less  than half of the total members including its chairman shall be  present.

(5)  The matters placed at the meetings of the Board of Directors, shall be resolved on the basis of the majority of  votes.

(6)     Each member present at the meeting of the Board of Directors shall

have one vote, and in the event of equality of votes, the person presiding over the meeting shall have a second or a casting  vote.

(7) No act or proceeding of the Board of Directors shall be invalid or be called in question merely on the ground of any vacancy in, or any defect in  the constitution of the Board of  Directors.

(8)  The honorary members shall be entitled to receive honorarium, in such manner as may be prescribed by rules, to attend the meetings of the Board of Directors.

1. Constitution of Committee. – The Board of Directors may, for giving assistance to discharge its duties, constitute one or more committees and  the  duties and functions of such committees shall be determined by the Board of Directors.
   1. Consultancy services. – The Authority may take consultancy services from any person or firm to carry out any of its special  task.

CHAPTER 4

Establishment

1. Appointment of employees. – (1) The Authority shall have a secretary,  who is not below the rank of  Deputy Secretary to the  Government  and   he shall   be appointed on such terms and conditions as may be prescribed by the Government.

(2) Subject to the organogram approved by the Government, the Authority may appoint such number of officers and employees as it considers necessary for  the efficient performance of its functions, and the terms and conditions of their services shall be determined by  regulations.

1. Deemed to be public servant. – The Chairman, fulltime members, and  the officers and employees of the Authority shall be deemed to be public servants within the meaning of section 21 of the  Penal Code, 1860 (Act No. XLV of   1860).
2. Delegation of powers. –The Authority may, by general or special order, delegate any of its powers or functions, subject to such  conditions  as  may  specified, to the Chairman or a full-time member or an officer of the   Authority.

CHAPTER 5

Contract, Report, Borrowing, etc.

1. Performance of Contract. – (1) The Authority may, for the performance of its function, enter into any contract with any individual or  organization:

Provided that the Authority shall take prior approval of the Government before entering into any contract with any foreign government or international organization.

(2) Such contract on behalf of the Authority shall be signed by the  Chairman, or by any fulltime member or any other officer empowered by him in    this behalf.

1. Reports. – (1) The Authority shall, after the end of every financial year, submit to the Government a report containing the functions taken and performed  by it for that year.

(2) The Government may, at any time, if it considers necessary, require  the Authority to furnish any report, statement, accounts, statistics or other information regarding any matter of the Authority and the Authority shall furnish such report to the Government.

1. Power to borrow. – For carrying out the purposes of this Act, the Authority may, with the prior approval of the Government, borrow money from     any commercial bank, financial institution, or any domestic or foreign   source.

CHAPTER 6

Fund, budget, and accounts and audit

1. Fund of the Authority – (1) There shall be a fund of the Authority to be called the Sustainable and Renewable Energy Development Authority  Fund.

(2)  Moneys received from the following sources shall be credited to the fund, namely:

(a)          grants made by the Government;

(b)          loan obtained from the Government;

(c)           grants made by the  local authority;

(d)          grants or loans obtained from any other  source;

(e)          sums   received    from    CDM    or    any   such   similar   projects implemented  under any other   activities;

(f)           sums acquired for providing consultancy  services;

(g)          sums received from the fee imposed for any act done under   this Act; and

(h)          sums received from any other  source.

(3)   The fund shall be deposited to any scheduled  bank:

Provided that, in absence of scheduled bank, the fund may be deposited to any commercial bank approved by the Bangladesh  Bank.

(4) All expenses of the Authority shall be met up from the  fund.

(5) The surplus fund, if any, after meeting up the expenses of the Authority for that financial year, the whole or any part thereof, shall be refunded to the Treasury of the Government.

1. Budget. The Authority shall, in such time as may be specified by the Government, submit to the Government an annual budget statement for every financial year showing the estimated receipt and expenditure and the sums which are likely to be required from the Government during that financial  year.
2. Accounts and audit. – (1) The Authority shall maintain its accounts in  such manner as may be prescribed by the  Government.

(2)    The Comptroller and Auditor-General of Bangladesh shall audit the accounts of the Authority for every year and shall furnish a copy of the audit report to the Government and the Authority.

(3)  Besides the audit mentioned in sub-section (2), the Authority may get its account audited by Chartered Accountants as defined in the Article 2(1)(b) of the Bangladesh Chartered Accountants Order, 1973(P.O. No. 2 of 1973), and the Authority may appoint one or more Chartered Accountants in this behalf and such appointed Chartered Accountants shall be entitled to have such remuneration  as may be fixed by the Government.

(4)  For the purpose of audit of the accounts of the Authority, the Auditor- General or any person empowered by him in this behalf or Chartered Accountant appointed under sub-section (3), shall have access to all  records,  documents,  annual balance sheet, cash or deposit in the banks, securities, stores and other property of the Authority and may examine any member or any  officer  or  employee of the Authority.

Chapter 7 Miscellaneous

1. General Powers of the Government for giving directions.– For  carrying out the purposes of this Act, the Government may, from time to time, to take necessary steps as it thinks fit, give directions to the Authority and the Authority shall comply with all such  directions.
2. Power to inspect. – For carrying out the purposes of this Act, the Authority may inspect the premises of designated  consumers.
3. Protection of acts done in good faith. – No suit or prosecution or any other legal proceeding shall lie against the Authority or its Chairman, any member, officer or  employee of the Authority for any damage caused or likely to be caused  to any person as a result of  any act done in good faith under this  Act.
4. Removal of difficulties. –If any difficulty arises in giving effect to any provision of this Act, the Government may, by order, take necessary steps for removing such difficulties.
5. Power to  make rules. –The Government may, upon consultation with  the Authority, by notification in the official Gazette, make rules for carrying out the purpose of this Act.
6. Power to make regulations. – The Authority may, with the prior approval of the Government, by notification in the official Gazette, make regulations for carrying out the purposes of this  Act.
7. Abolition of Energy Audit Cell, etc. – (1) Upon the establishment of the Authority, the Energy Audit Cell, hereinafter referred to as the abolished cell, shall stand dissolved.

(2)   All assets, rights, powers, authorities, debts, liabilities and  all movable and immovable properties, cash and bank balance, reserved fund, investment and  all other rights, and all interests and rights arising out  of  these  assets  and  all books, registers, records and all documents of the abolished  cell  shall  be transferred to, and vest in the  Authority.

(3)   Any act done measures taken, order passed, notice issued by the  abolished cell, and shall be deemed to have been done, taken, passed or issued by the Authority under the provisions of this  Act.

1. Publication of translation in English. – (1) The Government may, after  the commencement of this Act, by notification in the official Gazette, publish an authentic text of translation in English of the Bangla text of the  Act.