 bill no 208 of  2016 the renewable energy (promotion and compulsory use) bill, 2016 byshri bhairon prasad mishra, mpa billto  provide for the promotion and greater exploitation of  renewable  energy  available from  sources like solar heat, wind, biogas, urban waste, tides, waves  or  geothermal sources by making its use compulsory by certain establishments and households in order to reduce the over dependence on fossil fuels for energy needs resulting in global warming, noxious emissions and ecological and climatological imbalances and to protect the environment and for the establishment of a board for the purpose and for matters connected therewith or incidental theretobe  it enacted by parliament in the sixty-seventh year of the republic of india as follows:—extentact, 2016(2) it extends to the whole of indiadefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;5(b) "board" means the national renewable energy promotion board constituted under section 4;(c) "establishment" includes all offices of public and private sector, hotels of all kinds, restaurants, eating joints, shopping malls, multi-storey buildings, departmental stores, hospitals, nursing homes, clinics, schools, colleges and universities, banks, railway stations and airports;10(d) "prescribed" means prescribed by rules made under this act; and (e) "renewable energy" means energy or power derived from non-conventional energy sources such as sun, wind, animal dung, geothermal sources, tides or waves, carbon waste and garbage or any other sources from which the renewable energy can be obtained153 it is hereby declared that it is expedient in the national and public interest that central government shall take under its control the promotion and development of the renewable energy generation and take appropriate measures in that directioncentral government to take control of promotion and development of renewable energy204 (1) the central government shall, within six months of the commencement of this act, by notification in the official gazette, constitute a board to be known as the national renewable energy promotion board for carrying out the purposes of this actestablishment of the national renewable energy promotion board(2) the board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property both movable and immovable and to contract and shall by the said name sue and be sued25(3) the head office of the board shall be at new delhi and the board may establish offices at conspicuous places in all the states and union territories in the country for carrying out the purposes of this act(4) the board shall consist of—30(a) a chairperson who shall be an expert scientist having enough professional experience and profound knowledge in the field of renewable energy to be appointed by the central government;(b) a deputy chairperson having such qualification and experience, as may be prescribed to be appointed by the central government;(c) five members of parliament of whom three shall be from lok sabha and two from rajya sabha to be nominated by the respective presiding officers of both houses;35(d) five members to represent the central government of the ministries of finance,environment and forests, science and technology, planning, new and renewable energy, respectively, to be appointed by the central government;40(e) three members to represent non-governmental organizations working forpromotion of  new and renewable energy in the country to be appointed by the central government; and45(f) four members to be nominated by the governments of the states to be rotated amongst the states in alphabetical order (5) the term of office of the chairperson, deputy chairperson and members of the board and the procedure to be followed by the board in discharge of its functions shall be such as may be prescribed(6) the board shall be assisted by a secretariat with such number of officers and staff and with such terms and conditions of service as may be prescribedfunctions of the board5 (1) the board shall formulate a comprehensive new and renewable energy policy with its goals and execution plan so as to accelerate the promotion and development of renewable energy and to minimize the dependence on fossil fuels for energy production5(2) without prejudice to the generality of the provision of sub-section (1), the board shall—(a) support and encourage research and development to promote renewableenergy through government and private sector participation involving all major research laboratories and centres in the country;10(b) disseminate information about the developments made abroad in the field ofrenewable energy;(c) develop indicative standards of renewable energy; (d) facilitate quick technology transfer and adoption of renewable energy;15(e) facilitate infrastructure development of renewable energy in rural areas; (f) make provision for small biomass based energy systems for rural areas, promotedung based individual and community biogas plants, reduce dependence of firewood and encourage lighting in streets and other places  through solar energy and setting up of wind power projects;20(g) suggest ways for conversion of fossil fuel based industrial heating to solarthermal heating through solar concentrator technology or its hybrids;(h) suggest educational and other policy initiatives for renewable energy in thecountry;25(i) create interactive web based resource maps of different renewable technologiesto facilitate speedy project development and market expansion;(j) undertake such other activities as may be assigned to it by the centralgovernment from time to timemiscellaneous provisions306 (1) notwithstanding anything contained in any other law for the time being in force, the appropriate government shall, in consultation with the board, take the following measures to promote the use of renewable energy:(a) make use of photovoltaic energy compulsory in establishments; (b) make time bound provision for introducing solar water heating system inestablishments;35(c) set time bound mandate for promotion of biomass energy systems in thecountry;(d) reserve adequate land for setting up of renewable energy projects; and (e) make it mandatory for electricity utilities for compulsory purchase of electricityfrom renewable energy producing units40explanation—for the purposes of this sub-section, "establishment" means such places, as the appropriate government may, by notification in the official gazette, specify45(2)  it shall be the duty of the appropriate government to make available the necessaryapparatus, equipment and other infrastructure either free of cost or at subsidized rates to the establishments and individuals to enable them to tap and make maximum use of renewable energy sources and for this purpose shall promote the industrial units manufacturing such apparatus and equipment by extending various incentives, concessions and infrastructure facilities(3) it shall be compulsory for every establishment to use the renewable energy to theextent possible5(4) the appropriate government shall, as soon as may be, identify the exploited sources of renewable energy in its territorial jurisdiction and send project reports to the board which shall depute a team of experts to the concerned state or union territory, as the case may be, to verify and assess the possibility of exploiting renewable energy sources as per the claim of that government(5) the board shall on the basis of the report of the team of experts work out the likely expenditure on the projects and recommend to the appropriate government to implement the projects in a time bound manner10(6) the board shall submit to the central government such other projects and programmes for the optimum exploitation of renewable energy sources as it may deem necessary and expedient for the purposes of this actpenalty7 (1) whoever contravenes any provisions of this act shall be guilty of an offenceunder this act1520(2) where an offence under this act is committed by any establishment is proved to have been committed with the consent or connivance of or is attributable to any neglect on the part of any director, chief executive, secretary or other such officer of the establishment or any person who was purporting to act in any such capacity, he as well as the establishment shall be guilty of that offence and shall be punished with simple imprisonment which may extend to three months or with fine which shall not be less than five lakh rupees but may extend to ten lakh rupees or with bothannual report8 (1) the board shall prepare once in every calendar year in such form as may beprescribed an annual report giving a true and full account of its activities during the previous year and shall forward it to the central government25(2) the central government shall, as soon as possible, lay the report before each house of parliament9 the central government shall, after due appropriation made by parliament by law in this behalf, provide requisite funds to the board, the government of the states and the union territory administrations for carrying out the purposes of this act30central government to provide funds power to remove difficulty10 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette, make such provision, not inconsistent with the provisions of this act, as appear to it to be necessary to expedient for removing the difficulty:provided that no such order shall be made after the expiry of the period of two years from the date of commencement of this act35(2) every order made under this section shall,  as soon as may be after it is made, be laid before both the houses of parliamentpower to make rules11 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act4045(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may  be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement  of  objects  and  reasonsa world summit was held at copenhagen, denmark to find out ways to save the earth from the effects of carbon emission resulting in global warming although no foolproof solution could be finalized but the fact remains that global warming is being caused by human activities mainly due to burning of fossil fuels which releases greenhouse gases carbon dioxide emissions have increased manifold due to rising consumption of energy particularly coal, petroleum products and firewood by the ever increasing world population this has put the world on the danger map and if concrete measures are not taken, the coastal areas of the world will submerge in the sea water and many small countries will be wiped out from world mapfor this transition, low carbon economy has to be adopted by massive development of new and renewable energy for the protection of our environment in our own country, due to ever increasing population and over dependence on fossil fuels, we have invited ecological disaster jungles are being vanished due to  over use of wood as firewood in the chulhas and making furniture, doors, windows, etc the country is importing petroleum products on a large scale by spending precious foreign exchange the demand for fuel and power is increasing day by day therefore, we have to take steps to promote the use of renewable energy sources to meet the demands of future energyfortunately we have very vast potential of renewable energy but, unfortunately, we have not tapped this potential so far at the anticipated level there is enormous wind power potential so is the solar energy the desert areas have the requisite solar radiation for producing concentrating solar power (csp) a 60km x 60km area can produce one lakh mega watt of power and our country has a desert area of 208110 square kilometer in the states of rajasthan and gujarat alone which if tapped can produce enormous power the country is also capable of producing bio-fuels hence, we have to adopt greater use of renewable energy sources which are considered to be non-polluting and eco-friendly the use of renewable energy sources, therefore, has to be made compulsory for all establishments and households for this a national board needs to be established to promote and develop the use of renewable energy resources in the countryhence this bill financial memorandumclause 4 of the bill provides for the establishment of the national renewable energy promotion board clause 9 makes it obligatory for the central government to provide requisite funds to the board, state governments and union territory administrations for carrying out the purposes of the bill the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees two hundred crore may be involved as recurring expenditure per annuma non-recurring expenditure of about rupees two hundred crore is also likely to be involved memorandum  regarding  delegated  legislationclause 11 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the  rules will relate to matters of detail only, the delegation of legislative power is, therefore, of a normal character———— a billto  provide for the promotion and greater exploitation of  renewable  energy  available from sources like solar heat, wind, biogas, urban waste, tides, waves or geothermal sources by making its use compulsory by certain establishments and households in order to reduce the over dependence on fossil fuels for energy needs resulting in global  warming, noxious emissions  and ecological and climatological imbalances and to protect the environment and for the establishment of a board for the purpose and for matters connected therewith or incidental thereto————(shri bhairon prasad mishra, mp)