ACT, No. 20 OF 2009

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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
SRI LANKA ELECTRICITY
ACT, No. 20 OF 2009
[Certified on 8th April, 2009]
Printed on the Order of Government
Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of April 08, 2009
PRINTEDAT THEDEPARTMENT OFGOVERNMENTPRINTING,SRILANKA
TO BEPURCHASED AT THEGOVERNMENT PUBLICATIONSBUREAU, COLOMBO 5
Price : Rs. 69.00 Postage : Rs. 17.50

Sri Lanka Electricity Act, No. 20 of 2009 1
[Certified on 8th April, 2009]
L. D.—O 57/2006.
AN ACT TO PROVIDE FOR THE REGULATIONS OF THE GENERATION,
TRANSMISSION, DISTRIBUTION, SUPPLY AND USE OF ELECTRICITY IN
SRI LANKA ; TO REPEAL THE ELECTRICITY REFORM ACT, NO. 28
OF 2002 AND THE ELECTRICITY ACT (CHAPTER 205) ; AND FOR
MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO
WHEREAS a national policy on electricity had been Preamble.
formulated with a view to enabling Sri Lanka to meet the
increasing demands for electricity in the future :
AND WHEREAS it has become necessary to give effect to
this policy by regulating the generation, transmission,
distribution, supply and use of electricity in Sri Lanka and
by providing for certain related matters:
NOW THEREFORE, be it enacted by the Parliament
of the Democratic Socialist Republic of Sri Lanka as
follows:–
1. This Act may be cited as the Sri Lanka Electricity Act, Short title.
No. 20 of 2009.
CHAPTER I
PRELIMINARY
2. (1) The administration of the provisions of this Act Administration
shall vest in the Public Utilities Commission (hereinafter of the Act.
referred to as the “Commission”) established under the
Public Utilities Commission of Sri Lanka Act, No. 35 of 2002,
and the Commission shall exercise, perform and discharge
all the powers, functions and duties as are conferred on or
assigned to it under this Act.
2—PL 002872–4,250 (03/2009)
2 Sri Lanka Electricity Act, No. 20 of 2009
(2) The exercise, performance and discharge by the
Commission of the powers , duties, and functions conferred
on or assigned to it under this Act, shall be in addition and
not in derogation to the exercise, performance and discharge
of the powers, duties and functions that the Commission is
given or conferred with by the Public Utilities Commission
of Sri Lanka Act, No. 35 of 2002.
CHAPTER II
FUNCTIONS OF THE COMMISSION
Functions of the 3. (1) The functions of the Commission shall be to act as
Commission. the economic, technical and safety regulator for the electricity
industry in Sri Lanka, and—
(a) to advise the Government on all matters concerning
the generation, transmission, distribution, supply
and use of electricity in Sri Lanka;
(b) to exercise licensing, regulatory and inspection
functions, as the case may be, in respect of matters
provided for in this Act, to regulate the
implementation codes of practice and other
requirements imposed by or under this Act relating
to the generation, transmission, distribution, supply
and use of electricity in Sri Lanka ;
(c) to approve such technical and operational codes and
standards as are required from time to time to be
developed by licensees;
(d) to regulate tariffs and other charges levied by
licensees and other electricity undertakings, in order
to ensure that the most economical and efficient
service possible is provided to consumers;
(e) after consultation with transmission and distribution
licensees, to publish a statement setting out the
rights and obligations of consumers arising under
sections 23 to 29 and Schedules I and II to this Act;
Sri Lanka Electricity Act, No. 20 of 2009 3
(f) to collect and record information relating to the
generation, transmission, distribution, supply and
use of electricity in Sri Lanka;
(g) to set and enforce technical and other standards
relating to the safety, quality, continuity and
reliability of electricity supply services and metering
services;
(h) to promote the efficient use and conservation of
electricity;
(i) to prepare, within three months of the coming into
force of this Act and to revise, from time to time
thereafter, a regulatory manual containing a code of
good practice relating to the functions assigned to
the Commission by or under this Act;
(j) to pursue any matter relating to the functions
conferred on or assigned to the Commission by or
under this Act within such period and in such manner
as may be specified in the regulatory manual;
(k) subject to the provisions of this Act, to consult to
the extent the Commission considers it appropriate,
any person or group of persons who may be affected
or are likely to be affected by the decisions of the
Commission, and ;
(l) to undertake all incidental or ancillary measures that
it considers appropriate for the effective discharge
of its functions.
(2) The Commission in the discharge of its licensing
functions entrusted to it by paragraph (b) of subsection (1),
shall ensure that a co-ordinated, efficient and economical
system of electricity supply is provided for and maintained
throughout Sri Lanka, at all times.
4 Sri Lanka Electricity Act, No. 20 of 2009
Objectives. 4. (1) The Commission shall discharge the functions
assigned to it by or under this Act in a manner which it
considers is best calculated—
(a) to protect the interests of consumers in relation to
the supply of electricity, by promoting efficiency,
economy and safety by persons engaged in, or in
commercial activities connected with, the generation,
transmission, distribution, supply and use of
electricity;
(b) to secure that all demands for electricity in Sri Lanka
are met;
(c) to secure that licensees acting efficiently will be able
to finance the carrying on of the activities authorized
or required by their licences;
(d) to promote the efficient use of electricity supplied to
premises;
(e) to protect the public from dangers arising from the
generation, transmission, distribution, supply or use
of electricity;
(f) to give effect to any guidance on environmental
objectives notified to the Commission by the Central
Environmental Authority or where applicable, a
Provincial Council; and
(g) to promote competition, where appropriate,
(hereinafter referred to as the “objectives”).
(2) In this section “the interests of consumers” includes
the interests of existing and future consumers, with regard to-
(a) the prices charged and other terms of supply of
electricity ;
Sri Lanka Electricity Act, No. 20 of 2009 5
(b) the availability and continuity of supply of
electricity;
(c) the quality of electricity supply services provided;
and
(d) the exercise of any rights conferred under this Act to
enter their premises.
5. (1) The Minister shall have the power to formulate General policy
general policy guidelines in respect of the electricity industry guidelines to be
issued by the
Minister.
(2) The Minister shall in formulating the general policy
guidelines referred to in subsection (1), take into
consideration, among other matters, the following:-
(a) the requirements for electricity in Sri Lanka in order
to attain national targets for sustainable economic
growth, including requirements in respect of-
(i) different geographical areas, including rural
areas; and
(ii) different socio-economic groups;
(b) fuel diversity and the preferred fuel for new electricity
generations;
(c) the priorities and objectives in meeting the needs
set out in paragraph (a);
(d) pricing policy in respect of the supply of electricity
to facilitate the sustainable economic growth;
(e) the measures being taken by the Government with
respect to these matters.
(3) The Minister shall forward the general policy
guidelines formulated under subsection (1) to the Cabinet of
Ministers for its approval. All amendments sought to be made
to the guidelines approved by the Cabinet of Ministers,
shall also be required to be approved by the Cabinet of
Ministers.
6 Sri Lanka Electricity Act, No. 20 of 2009
Electrical 6. (1) The Commission may appoint electrical inspectors
inspectors. for the purposes of this Act.
(2) It shall be the duty of an electrical inspector appointed
under subsection (1)—
(a) to inspect and test electric lines and electrical plants
belonging to persons authorized by a licence or
exempted from the requirement of obtaining a licence,
to generate, transmit, distribute or supply electricity;
(b) to examine the generation, transmission, distribution
or supply of electricity by such persons;
(c) to inspect and test if and when required by any
consumer, any such lines and plant on the consumer’s
premises, for the purpose of ascertaining whether
any requirement imposed by this Act in respect of
those lines or plant or the supply of electricity
through or by them, has been complied with; and
(d) to carry out such other functions as may be imposed
on him or her by regulations or the Commission as it
so determines.
(3) Regulations may be made –
(a) prescribing the manner in which, and the times at
which, any duties imposed on electrical inspectors
are to be performed;
(b) requiring persons authorized by a licence or exempted
from the requirement of obtaining a licence, to
generate, transmit, distribute or supply electricity-
(i) to furnish electrical inspectors with records or
other information; and
(ii) to allow such inspectors access to premises
and to the use of electrical plant and other
facilities;
Sri Lanka Electricity Act, No. 20 of 2009 7
(c) prescribing the amount of the fees (if any) which
are payable to such inspectors and the persons by
whom they are payable;
(d) prescribing a procedure for the audit of the activities
of electrical inspectors;
(e) prescribing the circumstances in which a licensee
may be relieved from its obligation to supply
electricity ; and
(f) setting out the procedure for the resolution of
disputes between an electrical inspector and a
consumer or a licensee.
(4) Any fees received by the electrical inspector under this
section, shall be credited to the Fund of the Commission
CHAPTER III
PART I
LICENSING
7. (1) A person shall not – Prohibition on
unlicensed
supply &c. of
(a) generate electricity;
electricity.
(b) transmit electricity; or
(c) distribute and supply or distribute or supply
electricity for the purpose of giving a supply to any
premises or enabling a supply to be given to any
premises,
unless he is authorized to do so by a licence granted under
this Act or is exempted from obtaining a licence under
section 10.
8 Sri Lanka Electricity Act, No. 20 of 2009
(2) A person who contravenes the provisions of subsection
(1) shall be guilty of an offence under this Act and shall be
liable on conviction after summary trial before a Magistrate,
to a fine not less than one hundred thousand rupees and not
exceeding ten million rupees and where the offence is
continued to be committed after such conviction, be liable to
an additional fine equal to the amount imposed as the fine on
conviction, in respect of each day during which the offence
is continued to be so committed.
(3) Where a person is prosecuted for an offence under
subsection (2), the court shall in addition to the punishment
imposed under that subsection, further order the person
convicted to refrain with immediate effect from carrying on
the activity which he is prohibited from carrying on under
subsection (1), until he has obtained a licence for the same as
required by that subsection.
(4) No proceedings shall be instituted in respect of an
offence under this section except with the written sanction of
the Commission.
Participating in a 8. Any person may participate in a bidding process for
bidding process the generation of electricity provided that such person shall
for the
be required to conform to the requirement specified in
generation of
electricity. paragraph (c) of subsection (1) of section 9, in order to be
eligeble to obtain a generation licence under subsection (1)
of that section.
Eligibility to 9. (1) No person other than any one of the following
apply for a
shall be eligible to apply for the issue of a generation licence,
licence under
section 11. to generate electricity over and above the generation capacity
of 25 MW:—
(a) the Ceylon Electricity Board, established by the
Ceylon Electricity Board Act, No. 17 of 1969;
(b) a local authority;
Sri Lanka Electricity Act, No. 20 of 2009 9
(c) a company incorporated under the Companies Act,
No. 7 of 2007, in which the government, a public
corporation, a company in which the government
holds more than fifty per centum of the shares or a
subsidiary of such a company, holds such number
of shares as may be determined by the Secretary to
the Treasury, with the concurrence of the Minister
in charge of the subject of Finance.
(2) No person other than the Ceylon Electricity Board,
established by the Ceylon Electricity Board Act, No. 17 of
1969 shall be eligible to apply for the issue of a transmission
licence.
(3) No persons other than any one of the following shall
be eligible to apply for the issue of a distribution licence:—
(a) the Ceylon Electricity Board, established by the
Ceylon Electricity Board Act, No. 17 of 1969;
(b) a local authority;
(c) a company incorporated under the Companies Act,
No. 7 of 2007, in which the Government holds more
than fifty per centum of its shares; or
(d) a society registered under the Co-operative Societies
Law, No. 5 of 1972.
10. (1) The Commission may on an application made Exemptions.
for an exemption by Order published in the Gazette, exempt
any person or category of persons from the requirement of
obtaining a licence for generating or distributing electricity,
having regard to the manner in which or the quantity of
electricity likely to be generated or distributed by such person
or category of persons.
(2) Every such exemption granted under subsection (1)
shall be to such extent, be subject to such conditions and be
for such period, as may be specified in the Order.
10 Sri Lanka Electricity Act, No. 20 of 2009
Applications for 11. Subject to the provisions of section 9, an application
licences.
for a licence to generate, transmit or distribute electricity or
for an extension of any such licence, shall be made in writing
to the Commission and shall be in such form, and shall be
accompanied by such information and documents and such
fee, as may be prescribed by regulation.
Procedure prior 12. (1) Upon receipt of an application under section 11
to grant of and where the Commission intends to grant the licence or
licences.
extension applied for, the Commission shall—
(a) publish a notice of its intention to do so in such
manner as the Commission considers appropriate,
for bringing it to the attention of persons who are
likely to be affected by the licence or extension;
and
(b) send a copy of the notice to the Minister for his or
her information.
(2) Every notice under subsection (1) shall—
(a) state that the Commission proposes to grant the
licence or extension to the persons and for the
purposes, set out in the notice;
(b) state the reasons for proposing the grant of such
licence or extension; and
(c) specify the period (not being less than twenty eight
days from the date of publication of the notice) within
which representations may be made to the
Commission with respect to the proposal.
Grant of 13. (1) The Commission may –
licences.
(a) after considering any representations made to it in
response to the notice published under section 12;
(b) after satisfying itself that the applicant has the
financial and technical capability for carrying
out the activities authorized by the licence or
extension; and
Sri Lanka Electricity Act, No. 20 of 2009 11
(c) with the concurrence of the Minister :—
(i) grant a licence authorizing any person—
(a) to generate electricity from an identified
generation plant (a licence granted
under this sub-paragraph is hereinafter
referred to as a “generation licence”);
(b) to transmit electricity (and procure and
sell electricity in bulk) in the Authorized
Area specified in the licence (a licence
granted under this sub-paragraph is
hereinafter referred to as a “transmission
licence”); or
(c) to distribute and supply or distribute or
supply electricity for the purpose of
giving a supply to any premises or
enabling a supply to be so given in the
Authorized Area specified in the licence
(a licence granted under this sub-
paragraph is hereinafter referred to as a
“distribution licence”); or
(ii) extend for the period specified in the
extension, a generation, transmission, or
distribution licence granted under this Act.
(2) Forthwith upon the grant of a licence or an extension
under this section, the Commission shall cause to be
published in the Gazette, a Notification giving details of the
licence or extension granted, including the persons to whom
and the purposes for which it was granted, the term of such
licence or extension, as the case may be, and the conditions
subject to which it was granted.
(3) A person shall not be granted both a transmission
licence and—
(a) a generation licence; or
12 Sri Lanka Electricity Act, No. 20 of 2009
(b) a distribution licence.
(4) A person shall not be granted both a generation licence
and a distribution licence.
Form of licence. 14. (1) Every generation, transmission or distribution
licence or extension thereof granted under this Act, shall—
(a) be in writing;
(b) unless previously revoked or surrendered in
accordance with the terms of the licence or extension,
continue in force for the period specified in the
licence or extension; and
(c) not be capable of being surrendered without the
consent of the Commission.
(2) As soon as practicable after granting a generation,
transmission or distribution licence or of an extension of
such licence, the Commission shall send a copy thereof—
(a) to the Minister for his or her information; and
(b) to any other licensee who may be likely to be
affected by the grant or extension, as the case may
be, of such licence.
General 15. (1) A generation, transmission or distribution licence
conditions of may include—
licences.
(a) such conditions (whether or not relating to the
activities authorized by the licence) as the
Commission considers necessary having regard to
the functions assigned to it by section 3 of this Act;
(b) conditions requiring payment to the Commission
upon the grant of the licence or periodic payments
during the term of the licence, of such amount or
amounts as may be determined by the Commission,
by or under the licence;.
Sri Lanka Electricity Act, No. 20 of 2009 13
(c) in addition to the provisions in sections 31 and 32
of this Act, conditions with provision for such
conditions—
(i) to have effect or cease to have effect at such
times and in such circumstances as may be
specified in the licence; or
(ii) to be modified in such manner as may
be specified in the licence at such times,
and in such circumstances, as may be so
specified;
(d) conditions relating to the prohibition of abuse of
monopoly position or other anti-competitive
behaviour; and
(e) conditions relating to the optimum utilization of
funds and assets of the licensee, in order to ensure
that a most economical and efficient service is
provided to its customers.
(2) Conditions included in a generation, transmission or
distribution licence may include, requirements—
(a) compelling the licensee to adhere to any decision,
order, direction or determination given by the
Commission as to such matters as are specified in
the licence;
(b) compelling the licensee to comply with all
requirements of the licence;
(c) compelling the licensee to refer certain matters for
determination by the Commission;
(d) compelling the licensee to refer for approval by the
Commission certain things to be done under the
licence or certain contracts or agreements made in
pursuance of the licence;
14 Sri Lanka Electricity Act, No. 20 of 2009
(e) restricting the ownership by the licensee or any of
its affiliates, of specified business interests; and
(f) compelling the licensee to enter into agreements
with other persons.
(3) Any sum received by the Commission by virtue of any
condition of a licence shall be paid into the Fund of the
Commission.
Special 16. Without prejudice to the generality of section 15, a
conditions of licence issued to a generation licensee shall include
generation
licences. conditions:—
(a) prescribing how it shall discharge the functions
assigned to the licensee under this Act in so far as
such condition is not inconsistent with any provision
of this Act:
(b) requiring the licensee to sell electricity generated
by the licensee exclusively and only to transmission
licensees;
(c) requiring the licensee to adhere to all environmental
laws for the time being in force;
(d) requiring the licensee to take all possible steps to
protect persons, plants and equipment from injury
and damage;
(e) requiring the licensee to implement and maintain
such technical or operational codes in relation to
the generation system as the Commission considers
necessary or expedient: and
(f) requiring it to develop and maintain electric lines,
cables, plants and fuel handling plants and
associated equipment.
Sri Lanka Electricity Act, No. 20 of 2009 15
17. Without prejudice to the generality of section 15, a Special
conditions of
transmission licence issued to a licensee shall include
transmission
conditions— licences.
(a) prescribing how the licensee shall discharge the
functions assigned to the licensee under this Act in
so far as such condition is not inconsistent with any
provision of this Act;
(b) requiring the licensee to forecast future demand, to
plan the development of the licensee’s transmission
system and to procure the development of new
generation plant to meet reasonable forecast demand;
(c) requiring the licensee to purchase electricity and
other goods and services on the most economically
advantageous terms and in a most transparent
manner;
(d) relating to the establishment of tariffs the licensee
may charge for the bulk sales of electricity and tariffs
for the use of the transmission system by generation
licensees and distribution licensees;
(e) requiring the licensee to maintain separate accounts
in respect of different parts of the licensee’s business
and prohibiting cross subsidy between those parts;
(f) requiring the licensee to implement and maintain
such technical or operational codes in relation to
the transmission system (including a grid code) as
the Commission considers necessary or expedient;
(g) requiring the licensee to develop and maintain
electric lines or electrical plant or both;
(h) requiring the licensee to develop and operate a
transparent generation dispatch model; and
16 Sri Lanka Electricity Act, No. 20 of 2009
(i) requiring the licensee to publish for the benefit of
the public, all relevant information relating to its
generation procurement,
and may include conditions allowing the transmission
licensee to sell electricity in bulk to certain consumers who
are connected to the transmission licensee’s transmission
system and are identified in the transmission licence, subject
to such further conditions as are included in that licence
relating to such bulk sales.
Special 18. Without prejudice to the generality of section 15, a
conditions of distribution licence issued to a licensee may include,
distribution
licences. conditions—
(a) prescribing how the licensee shall discharge the
functions assigned to the licensee by or under this
Act in so far as such conditions are not inconsistent
with any provision of this Act;
(b) requiring the licensee to publish and conform to
codes of practice in relation to consumer issues,
containing such provisions as the Commission
considers necessary for the protection of consumers,
including provision relating to-
(i) the maximum time period required for
providing a new connection of electricity or
for the restoration of supply after being
informed of a fault, as the case may be;
(ii) the payment of compensation for any loss
incurred by a customer, due to the failure of
the licensee to comply with any requirement
referred to in sub-paragraph (i);
(iii) the payment of bills by consumers;
(iv) the disconnection of supplies to consumers;
Sri Lanka Electricity Act, No. 20 of 2009 17
(v) the provision of services to the elderly and
disabled;
(vi) the efficient use of electricity by consumers;
(vii) the handling of consumer complaints;
(viii) the monitoring of compliance by the licensee,
with maximum charges for the resale of
electricity set by the Commission;
(ix) the providing of services to geographical
areas and prospective, hitherto consumers not
being served with electricity; and
(x) providing life-line tariffs to disadvantaged
groups of consumers.
(c) requiring the licensee to implement and maintain
such technical or operational codes in relation to
the electricity distribution network as the
Commission considers necessary or expedient ; and
(d) requiring the licensee to develop and maintain
electric lines or electrical plant or both.
19. (1) A licence shall be capable of being assigned either Assignment of
in whole or in part, if it includes a condition authorizing licences.
such assignment.
(2) A licence shall not be capable of being assigned except
with the consent of the Commission and of the Minister.
(3) In deciding whether to give its consent under
subsection (2), the Commission shall apply the same criteria
as it would apply if it were deciding whether to grant a
corresponding licence or part of a corresponding licence to
the assignee.
18 Sri Lanka Electricity Act, No. 20 of 2009
(4) A consent under subsection (3) may be given subject
to the assignee agreeing to –
(a) such modification of the conditions of the licence
or the imposition of such further conditions as the
Commission and the Minister consider necessary,
for the purpose of protecting the interests of
consumers; and
(b) such incidental or consequential modification of
conditions as the Commission and the Minister
consider necessary.
(5) A licence may include conditions authorizing
assignment, subject to compliance by the assignee of certain
specified conditions.
(6) An assignment or purported assignment of a licence
shall be void—
(a) if the licence is not capable of assignment;
(b) if the assignment or purported assignment is in breach
of a condition of the licence; or
(c) if there has been before the assignment or purported
assignment, a contravention of a condition subject
to which consent was given under subsection (2).
(7) The Minister shall in exercising his powers under
subsections (2) and (4) of this section, act in accordance with
such criteria as shall be prescribed for each such purpose.
Revocation of 20. (1) The Commission may after considering any
licences.
representation made to it in response to a notice published
under subsection (2) and with the concurrence of the Minister,
by Order published in the Gazette, revoke a generation,
transmission or distribution licence, in accordance with the
terms as to revocation contained in such licence.
Sri Lanka Electricity Act, No. 20 of 2009 19
(2) Before revoking any licence under subsection (1), the
Commission shall by notice published in the Gazette and by
such other means as it considers appropriate for bringing it to
the attention of persons likely to be affected by the revocation,
state that it proposes to revoke the licence specified in the
notice, and the reasons for proposing to do so and specify a
period within which representations may be made to it against
such revocation.
21. (1) Every application for an exemption under section Application for
exemption.
10, may be made in writing to the Commission in such form
as may be prescribed and shall be accompanied by such
information, documents and fees as may be prescribed by
regulation.
(2) The provisions of subsection (1) and (2) of section 12
shall, mutatis mutandis, apply to and in relation to an
application made under subsection (1).
(3) The Commission shall consider any representation made
to it in response to a notice published by it in pursuance of
subsection (2), before granting an exemption under section 10.
22. (1) The Commission may after considering any Revocation and
representation made to it in response to a notice published withdrawal of
exemptions.
under subsection (2) and with the concurrence of the Minister,
by Order published in the Gazette :—
(a) revoke an exemption granted to a person or a
category of persons under section 10; or
(b) withdraw an exemption granted to a person out of
any category of persons to whom an exemption was
granted under section 10,
in accordance with any provision of the Order by which the
exemption was granted or if it appears to the Commission
inappropriate that the exemption should continue.
20 Sri Lanka Electricity Act, No. 20 of 2009
(2) Before revoking or withdrawing an exemption under
subsection (1), the Commission shall by notice published in
such manner as the Commission considers appropriate to
bring it to the attention of the persons affected, state that it
proposes to revoke or withdraw the exemption specified in
the notice, the reasons for doing so and specify a period
within which representations may be made to the Commission
against such proposed revocation or withdrawal.
PART II
POWERS AND DUTIES OF LICENSEES
Provisions of this 23. The provisions of this Part shall be in addition to
Part to be in
and not in derogation of, the conditions of a generation,
addition to
conditions. transmission or distribution licence.
Duties of 24. (1) A transmission licensee shall-
transmission
licensees.
(a) develop and maintain an efficient, coordinated,
reliable and economical transmission system;
(b) procure and sell electricity in bulk to distribution
licensees so as to ensure a secure, reliable and
economical supply of electricity to consumers; and
(c) ensure that there is sufficient capacity from
generation plant to meet reasonable forecast demand
for electricity.
(2) Sections 6, 25, 26, 27, 28, 29, 40, 41, 42, 54 and 56
and Schedules I, II and III to this Act shall mutatis mutandis,
apply to bulk sales of electricity by a transmission licensee,
as they apply to the supply of electricity by a distribution
licensee.
Duties of 25. (1) A distribution licensee shall on any request by
distribution the owner or occupier of any premises within the Authorized
licensees.
Area of the licensee-
(a) connect, supply and maintain the supply of
electricity to those premises; and
Sri Lanka Electricity Act, No. 20 of 2009 21
(b) so far as may be necessary for that purpose, provide
electric lines or electrical plant or both,
subject to the provisions of this Part, any regulations made
under this Part or under section 54, and the Electricity Supply
Code (as set out in Schedule II to this Act).
(2) A distribution licensee shall avoid any undue
preference or undue discrimination in the connection of any
premises to any electricity distribution system operated by
the licensee or in the terms on which the licensee makes
connections or supplies electricity.
(3) The owner or occupier of any premises within the
Authorized Area of a distribution licensee, which –
(a) are situated within fifty meters from any distribution
line of the licensee; or
(b) could be connected to any such line by an electric
line supplied and laid by the owner or occupier of
those premises,
may make a request for a supply under subsection (1) to such
distribution licensee .
(4) A supply of electricity to any premises shall be on the
basis of a standard tariff agreement and a distribution licensee
shall inform all consumers within the Authorized Area of the
distribution licence (whether existing consumers or those
persons requesting a supply) of the requirements set out in
this Part and the distribution licence, which have to be
satisfied by a consumer in order to obtain a supply of
electricity.
(5) Where any person requires such a supply of electricity
as is referred to in subsection (1), he or she shall request for a
supply from and shall inform the distribution licensee of –
(a) the premises at which the supply is required;
22 Sri Lanka Electricity Act, No. 20 of 2009
(b) the purposes for which electricity is to be used in
those premises;
(c) the day (not being earlier than a reasonable time
after the distribution licensee is informed of a
person’s requirement) on which the supply is required
to commence;
(d) the maximum power which may be required at any
time; and
(e) the minimum period for which the supply is required
to be given,
and shall provide the distribution licensee with such other
information as may be prescribed from time to time, by
regulation.
(6) As soon as practicable after receiving a request under
subsection (5), the distribution licensee shall give to the
person making the request a notice under subsection (7), if—
(a) such licensee has not previously given a supply of
electricity to those premises;
(b) the giving of the supply requires the provision of
electric lines or electrical plant or both; or
(c) if there are other circumstances which make it
necessary for the licensee to do so.
(7) A notice under this subsection shall—
(a) state the extent to which the proposals specified in
the prospective consumer’s request under subsection
(5) are acceptable to the distribution licensee and
specify any counter-proposals made by the
distribution licensee;
(b) specify the tariff payable;
Sri Lanka Electricity Act, No. 20 of 2009 23
(c) specify any payment which that person may be
required to make under sections 27 and 28; and
(d) specify any other terms and conditions which that
person may be required to accept,
so however , that the counter-proposals, terms and conditions
proposed by the distribution licensee shall be those which
the licensee is entitled to impose on that person in accordance
with this Act, any regulations made under this Act and the
conditions of the distribution licence.
(8) In this section—
(a) any reference to giving a supply of electricity,
includes a reference to continuing to give such a
supply;
(b) any reference to requiring a supply of electricity,
includes a reference to requiring such a supply to
continue to be given; and
(c) any reference to the provision of an electric line or
an item of electrical plant, includes a reference to
the installation of a new line or item or the
modification of an existing line or item.
26. Nothing in this Act shall be deemed to require a Exemption from
duty to connect
distribution licensee to connect and give a supply of
and supply.
electricity to any premises under section 25, if and to the
extent that the connection and giving of the supply would
result in the distribution licensee being in breach of
regulations made under this Part or under section 54 or the
Electricity Supply Code, (as set out in Schedule II to
this Act), and the licensee has taken all such steps as are
reasonable to prevent the circumstances that may arise as a
result of such breach.
24 Sri Lanka Electricity Act, No. 20 of 2009
Power to recover 27. (1) Where any electric line or electrical plant is
expenditure.
provided by the distribution licensee to a person requiring a
supply of electricity under section 25, the licensee may
require any expenses reasonably incurred in providing the
line or plant to be defrayed by that person, to such extent as
is allowed by the conditions of the distribution licence.
(2) The Commission may direct a person requiring a supply
of electricity under section 25 from a distribution licensee,
to pay to the licensee in respect of any expenses reasonably
incurred in providing any electric line or electrical plant
used for the purpose of giving that supply, such amount as
may be reasonable in all the circumstances, taking into
account—
(a) the period of time between laying the distribution
line and making the connection;
(b) any payment any other person has previously made
to the licensee in respect of these expenses; and
(c) the extent to which the licensee has already recovered
the licensee’s expenses in full.
(3) Directions given by the Commission under subsection
(2) may require the distribution licensee who has recovered
an amount in respect of expenses reasonably incurred in
providing any electric line or electrical plant, to apply any
amount so recovered or part thereof, in making such payments
as may be appropriate towards reimbursing any person who
had previously contributed to such expenses.
(4) Any reference in this section to “any expenses
reasonably incurred in providing an electric line or electrical
plant” includes a reference to the capitalized value of any
expenses likely to be so incurred in maintaining the line or
plant, in so far as such expenses are not recoverable by the
distribution licensee as part of the charges made by the
licensee for the supply of electricity.
Sri Lanka Electricity Act, No. 20 of 2009 25
28. (1) Subject to the following provisions of this Power to require
section, a distribution licensee may require by notice in security.
writing any person who requires a connection and supply of
electricity under section 26, to provide reasonable security
for the payment of all money which may become due to the
licensee—
(a) in respect of the supply; or
(b) where any electric line or electrical plant requires
to be provided for such supply, in respect of the
provision of such line or plant,
and if that person fails to provide such security, the
distribution licensee may refuse to give the supply, or refuse
to provide the line or plant, for so long as the failure continues.
(2) Where any person has not provided such security as is
required under subsection (1), or the security provided by
such person has become insufficient—
(a) the distribution licensee may by notice require the
person to provide within seven days after the service
of the notice, reasonable security for the payment
of all monies which may become due to the licensee
in respect of the supply; and
(b) if that person fails to provide such security, the
licensee may refuse to make the connection or
discontinue the supply, as the case may be, for so
long as the failure continues.
(3) Where any sum of money is provided to a distribution
licensee by way of security in pursuance of this section, the
licensee shall pay interest on such sum of money at such rate
as may from time to time be fixed by the licensee with the
approval of the Commission, for the period in which it remains
in the hands of the licensee.
26 Sri Lanka Electricity Act, No. 20 of 2009
Additional 29. A distribution licensee may require any person who
terms. requires a supply of electricity under section 25, to accept in
respect of the supply—
(a) any terms requiring that person to continue to
receive and pay for the supply of electricity for a
minimum period of time and subject to minimum
consumption requirements;
(b) any restrictions which may be required to be
imposed for the purpose of enabling the licensee to
comply with any regulations made under this Part
or under section 54 or the electricity supply code
(as set out in Schedule II to this Act); and
(c) any terms restricting liability of the licensee for any
economic, consequential or other indirect loss
sustained by such person, however arising , which it
is reasonable in all the circumstances for that person
to be required to accept.
Tariffs. 30. (1) This section shall apply to—
(a) tariffs or charges levied by the transmission licensee
for the transmission and bulk sale of electricity
(hereinafter referred to as “transmission and bulk
sale tariffs”); and
(b) tariffs or charges levied by the distribution licensee
for the distribution and supply of electricity (herein
after referred to as “distribution and supply tariffs”).
(2) Transmission and bulk sale tariffs and distribution and
supply tariffs, as the case may be, shall, in accordance with
conditions specified in the relevant licence –
(a) be set by the relevant licensee in accordance with a
cost reflective methodology approved by the
Commission;
Sri Lanka Electricity Act, No. 20 of 2009 27
(b) permit the relevant licensee to recover all reasonable
costs incurred in the carrying out of the activities
authorized by its licence on an efficient basis,
(c) be approved by the Commission in accordance with
the policy guidelne approved by the Cabinet of
Ministers under section 5; and
(d) be published in such manner as may be required by
the Commission, in order to ensure public
knowledge.
(3) Where a transmission licence or a distribution licence,
as the case may be, contains provision for transmission and
bulk sale tariffs or distribution and supply tariffs, as the case
may be, to be subject to review, the Commission shall (unless
a procedure for the review of such tariffs is specified in the
relevant licence) prescribe a procedure for review, which shall
include—
(a) a timetable for the review of tariffs by the
Commission; and
(b) provision for consumers and other interested parties
to participate in the procedure for review.
(4) Notwithstanding any other provision of this Act, the
Commission may—
(a) upon being satisfied of the adequacy of funds being
provided by the Treasury to bear the cost of any
subsidy approved by the Government to subsidize
consumers; and
(b) considering any cross subsidy recoverable from such
categories of consumers as determined by the
Commission,
set tariffs and charges to be levied by the licensee, which
reflect such subsidies.
(5) In this section, “relevant licensee” means a
transmission licensee in respect of transmission and bulk
28 Sri Lanka Electricity Act, No. 20 of 2009
sale tariffs and a distribution licensee in respect of distribution
and supply tariffs.
Provisions of 31. The provisions contained in—
Schedules to
apply to licences. (a) Schedule I to this Act (Other Powers of Licensees);
(b) Schedule II to this Act (the Electricity Supply Code);
(c) Schedule III to this Act (Use of Electricity Meters);
and
(d) Schedule IV to this Act (Preservation),
shall apply to and in relation to , the respective licences and
licensees referred to in those Schedules.
PART III
MODIFICATION AND ENFORCEMENT OF LICENCES
Modification by 32. (1) Subject to the following provisions of this
agreement. section, the Commission may modify the conditions of a
generation, transmission or distribution licence, if the licensee
consents to the modifications.
(2) Before making modifications under this section, the
Commission shall—
(a) publish a notice in such manner as the Commission
considers appropriate for bringing the proposed
modifications to the attention of persons likely to
be affected by the proposed modifications;
(b) serve a copy of the notice on the licensee;
(c) send a copy of the notice to the Minister for his or
her information;
(3) The notice under subsection (2) shall—
(a) state that the Commission proposes to make the
modifications specified in the notice, the effect of
Sri Lanka Electricity Act, No. 20 of 2009 29
the proposed modifications and the reasons for the
proposed modifications; and
(b) state the period (not later than twenty eight days
commencing on the date of publication of the notice)
within which representations or objections may
be made to the Commission regarding the proposed
modifications.
(4) The Commission shall consider any representations
and objections made to it in response to a notice published
under subsection (3), before making any modifications
proposed in the notice.
(5) As soon as practicable after making any modifications
under this section, the Commission shall send a copy of the
modifications to the licensee, and to the Minister for his or
her information.
33. (1) Subject to the following provisions of this Modification
section, the Commission may modify the conditions of a without
agreement.
generation, transmission or distribution licence, where the
licensee does not consent to the modifications.
(2) Before making any modifications under this section,
the Commission shall investigate the following questions: –
(a) whether any matters which relate to the generation,
transmission (including the procurement and sale
of electricity in bulk), distribution or supply of
electricity under a licence, operate or may be
expected to operate, against the public interest; and
(b) if so, whether those matters could be remedied or
prevented by modifying the conditions of the
relevant licence,
and thereafter provide a written report of the investigation to
the Minister, who shall consider the report and any
information given to him or her by the Commission, in order
30 Sri Lanka Electricity Act, No. 20 of 2009
to advise the Commission whether or not to give effect to the
proposed modifications.
(3) In its report to the Minister, the Commission shall set
out the following:—
(a) the effects adverse to the public interest which it
thinks the matters specified in the report have
or may be expected to have; and
(b) proposed modifications of the conditions of the
relevant licence by which, in its opinion, those
effects could be remedied or prevented.
(4) The Commission may at any time by notice to the
Minister, revise the report provided under this section by
adding to, or excluding matters from, such report.
(5) To assist the Minister in the consideration of the report,
Commission shall give to the Minister—
(a) any information the Commission has relating to
matters within the scope of the investigation
conducted by it and which the Minister requires or
which the Commission thinks it would be
appropriate for the Minister to have; and
(b) any other assistance which the Commission is able
to give in relation to matters within the scope of
such investigation and which is requested by the
Minister.
(6) As soon as practicable after preparing a report under
this section, the Commission shall –
(a) serve a copy of the report on the relevant licensee;
and
(b) publish particulars of the report in such manner as
it considers appropriate for bringing them to the
attention of persons likely to be affected by them.
Sri Lanka Electricity Act, No. 20 of 2009 31
(7) A licensee may within twenty days of service of a copy
of the report on the licensee, make any representations to the
Minister which the Minister shall take into consideration in
making his or her decision.
(8) Within thirty five days of receiving the report under
subsection (2), the Minister shall advise the Commission in
writing, either to give effect to the proposed modifications,
or as the case may require, not to give effect to the proposed
modifications. Where the Minister advises the Commission
to give effect to the proposed modifications, the Commission
shall make such modifications to the conditions of the
relevant licence as appear to the Commission to be necessary,
for the purpose of remedying or preventing the effects adverse
to the public interest which have been identified in the report.
(9) The Minister shall when advising the Commission
under subsection (8), state his or her reasons for his or her
advice and shall have regard to the objectives set out in
section 4.
(10) The Commission shall send a copy of the Minister’s
advice to the licensee to whom it relates and publish the
advice in such manner, as it considers appropriate for bringing
the advice to the attention of persons likely to be affected by
it. As soon as practicable after making modifications under
this section, the Commission shall send a copy of the
modifications to the licensee and to the Minister.
(11) (a) A licensee shall have a right of appeal to the
Court of Appeal against any modifications made under this
section.
(b) The Supreme Court Rules relating to appeals to the
Supreme Court from the Court of Appeal or other court or
tribunal (Rule 28 of the Supreme Court Rules of 1990 or
such provision of law as would correspond to such Rule)
shall, mutatis mutandis, apply to and in respect of all matters
connected with the filing, hearing and disposal of an appeal
preferred under this section.
32 Sri Lanka Electricity Act, No. 20 of 2009
Enforcement 34. (1) If the Commission is satisfied that a generation,
orders. transmission or distribution licensee is contravening or is
likely to contravene any condition of a licence or any
statutory requirement, it shall make an enforcement order
containing such provision as it may deem necessary to secure
compliance with such condition or requirement by the
licensee.
(2) An enforcement order—
(a) shall require the licensee to whom it relates to do or
desist from doing such things as are specified in the
order;
(b) shall be in force for such period as maybe specified
in the order;
(c) may be revoked or modified at any time by the
Commission, but in any event shall cease to have
effect at the end of the period specified in the order.
Procedure for 35. (1) Before making an enforcement order under
making section 34, the Commission shall—
enforcement
orders.
(a) publish a notice in such manner as it thinks is
appropriate for bringing the matter to the attention
of persons likely to be affected by the enforcement
order, stating that the Commission is proposing to
make such order;
(b) serve on the licensee a copy of the notice and a
copy of the proposed order.
(2) A notice referred to in subsection (1) shall set out –
(a) the relevant licence conditions or statutory
requirements with which the proposed order is
intended to secure compliance;
Sri Lanka Electricity Act, No. 20 of 2009 33
(b) the acts or omissions which in the opinion of the
Commission constitute a contravention of that
condition or requirement;
(c) any other facts which in the opinion of the
Commission justify the making of the proposed order;
(d) the effects of the proposed order; and
(e) the period, not being less than twenty eight days
from the date of the notice, within which the licensee
may make representations or objections to the
proposed order.
(3) Before making an enforcement order under section 34,
the Commission shall consider any representations and
objections made to it under subsection (2).
(4) The Commission shall not make an enforcement order
if it is satisfied that—
(a) the licensee has agreed to take and is taking all such
steps as the Commission considers that the licensee
should take, to secure compliance with the condition
or requirement in question;
(b) that the objectives imposed on the Commission by
section 4 precludes it from doing so; or
(c) the contraventions or apprehended contraventions
are trivial.
(5) As soon as practicable after making an enforcement
order, the Commission shall—
(a) serve a copy of the order on the licensee to whom
the order relates; and
(b) publish the order in such manner as it considers
appropriate for bringing it to the attention of persons
likely to be affected by it.
34 Sri Lanka Electricity Act, No. 20 of 2009
(6) Before revoking an enforcement order, the Commission
shall—
(a) publish a notice in such manner as it thinks
appropriate for bringing the proposed order of
revocation to the attention of persons likely to be
affected by it;
(b) serve a copy of the proposed order of revocation on
the licensee; and
(c) consider any representations and objections made
in response to the notice.
(7) Every notice published under subsection (6 ) shall –
(a) state that the Commission proposes to revoke the
order specified in the notice and the effect of the
revocation; and
(b) specify a period of not later than twenty eight days
from the date of publication of the notice, within
which representations or objections to the proposed
order of revocation may be made to the Commission.
(8) If after considering any representations and objections
made in response to a notice published under subsection (6),
the Commission decides not to revoke the enforcement order
to which the notice relates, it shall give notice of its decision
to the persons affected.
Effect of 36. (1) It shall be the duty of a licensee to whom an
enforcement enforcement order relates—
order.
(a) to comply with such order;
(b) if the licensee decides to challenge the validity of
the enforcement order in any court, to provide
security for costs to the Commission, of such amount
as the Commission may consider reasonable, to
ensure that such challenge is not frivolous or
vexatious.
Sri Lanka Electricity Act, No. 20 of 2009 35
(2) A duty is also owed by the licensee to any person who
may be affected by a contravention of the enforcement order
and any such person who sustains any loss or damage as a
result of such contravention, may institute an action against
the licensee in a court of competent jurisdiction, for damages
for such loss or damage.
(3) In proceedings brought against a licensee under
subsection (2), it shall be a defence for the licensee to prove
that the licensee took all reasonable steps and exercised all
due diligence, to avoid contravening the enforcement order.
37. (1) If a licensee to whom an enforcement order Offences.
applies fails to comply with such enforcement order in whole
or in part, the licensee shall be guilty of an offence under this
Act, and shall be liable on conviction after summary trial
before a Magistrate, to a fine not less than one million
rupees and not exceeding ten million rupees, and to a further
fine of five hundred thousand rupees for each day during
which such contravention continues after conviction.
(2) The Commission shall in making an enforcement order
under this Part of this Act, be entitled to direct that
compensation be paid by the licensee to whom the
enforcement order relates, to any person affected by the
contravention specified in such order.
(3) The levies by way of fine and compensation which may
be imposed under this section, shall be in addition to and not
in derogation of any other liability which the person guilty
of non compliance may have incurred.
(4) The Commission may apply to a court for an injunction
or other remedy to secure compliance with an enforcement
order by a licensee, notwithstanding the fact that it has
instituted a prosecution against such licensee for failure to
comply with such enforcement order.
36 Sri Lanka Electricity Act, No. 20 of 2009
Power of 38. (1) Where the Commission is satisfied that a licensee
Commission to
who is –
vest management
and control of
undertaking of (a) subject to an enforcement order made by the
licensee in Commission; or
another authority
or person.
(b) subject to an insolvency event,
is not carrying on the activities that such licensee is
authorized to carry on under the licence properly, and that
the supply of electricity to consumers is not being or is
likely to be given in an efficient, secure and a safe manner,
the Commission may with the concurrence of the Minister,
by Order published in the Gazette, vest the management and
control of the whole or a part of the undertaking of the licensee
in any other authority or person specified in the Order and
such authority or person shall have all the powers necessary,
for carrying on such undertaking:
Provided however where the licensee is subject to an
enforcement order and is a person established by law and the
provisions of that law does not pemit compliance with the
said enforcement order, the Commission shall instead of
exercising its powers under this subsection, make such
recommendations as to it may deem appropriate to the
Minister to whom the activities of such person is assigned, in
order to secure compliance with such enforcement order.
(2) Any person or authority in whom the management and
control of an undertaking is vested under subsection (1),
shall not be held liable for conduct amounting to a fraudulent
preference under the Company Act, No. 7 of 2007, on the
ground that it is continuing to carry on the management and
control of the licensee’s undertaking.
(3) No Order shall be made under this section without
giving the relevant licensee written notice of the proposed
Order and affording the licensee a reasonable opportunity of
being heard.
Sri Lanka Electricity Act, No. 20 of 2009 37
(4) During such period as an Order under this section is in
force—
(a) the licensee shall not be or continue to be (as the
case may be) voluntarily or compulsorily wound up
without the consent of the Commission;
(b) no steps shall be taken by any person to enforce or
execute a judgment or security over that licensee’s
property, without ten days prior notice in writing
to the Commission ; and
(c) the licensee shall not exercise any of his rights under
the licence in relation to the undertaking or part
thereof.
(5) In this section, “insolvency event” means—
(a) the passing of a resolution for the winding up of a
licensee, other than for the purposes of amalgamation
or reconstruction;
(b) a licensee entering into a compromise with the
licensee’s creditors;
(c) the suspension by the licensee, of payment of debts
or the inability of the licensee to pay the licensee’s
debts or the declaration of the licensee as bankrupt
or insolvent; or
(d) the filing of a petition for the winding up of the
licensee.
39. (1) The following disputes arising in connection with The resolution of
the supply or use of electricity shall be referred to the disputes.
Commission by any party to the dispute:-
(a) a dispute between a licensee and a tariff customer
arising under sections 25 to 30 or Schedules I, II or
III to this Act;
38 Sri Lanka Electricity Act, No. 20 of 2009
(b) any dispute (other than a dispute referred to in
paragraph (a)) between a licensee and –
(i) a tariff customer;
(ii) another licensee, or
(iii) any other affected party,
which the parties have not been able to resolve through any
dispute resolution procedure prescribed by the Commission,
despite the licensee using its best efforts to do so.
(2) On a reference under paragraph (a) of subsection (1),
the Commission shall mediate and resolve the dispute and
on a reference under paragraph (b) of subsection (1), the
Commission shall mediate and resolve the dispute, unless it
decides that it is more appropriate for the dispute to be
determined either by the courts or through arbitration.
(3) The practice and procedure to be followed in the
resolution of any such dispute shall be such as the Commission
shall set out by rules made under the Public Utilities
Commission of Sri Lanka Act, No. 35 of 2002 and this Act.
(4) Where any dispute arising under section 27 is to be
resolved by the Commission under this section, the
Commission may give directions as to the security (if any) to
be given pending the determination of the dispute.
(5) A resolution by the Commission under this section –
(a) may include such incidental, supplemental and
consequential provisions (including provisions
requiring either party to pay a sum in respect of the
costs or expenses incurred by the Commission) as
the Commission considers appropriate; and
(b) shall be final and shall be enforceable so far as it
includes such provisions as to costs or expenses
Sri Lanka Electricity Act, No. 20 of 2009 39
incurred by the Commission in the District Court of
Colombo, as if it were a decree entered by that court
for the payment of money.
(6) In including a provision as to costs and expenses in a
resolution under this section, the Commission shall have
regard to the conduct and means of the parties and any other
relevant circumstances.
CHAPTER IV
CONSUMER PROTECTION
40. (1) Regulations may be made under this Act Standard of
prescribing the standards of performance to be attained by performance for
supply of
distribution licensees in connection with the supply of electricity.
electricity and the provision of electricity supply services, to
tariff customers.
(2) Different standards may be prescribed in respect of
different distribution licensees, having regard to any special
circumstances or conditions in or subject to which those
distribution licensees are required to supply electricity or
provide electricity supply services to tariff customers.
(3) Regulations referred to in this section shall as far as
practicable, be made after consultation with distribution
licensees and bodies representative of persons likely to be
affected by the proposed regulations.
(4) Where any person suffers any loss or damage of a
prescribed description by reason of the failure of a distribution
licensee to meet any standard prescribed by regulations made
under this section, the distribution licensee shall pay to such
person compensation of such amount or calculated in such
manner, as is specified in such regulations.
(5) The payment of compensation to any person as provided
for in subsection (4), in respect of a failure by a distribution
licensee to meet a standard prescribed by regulations made
40 Sri Lanka Electricity Act, No. 20 of 2009
under this section, shall be without prejudice to any other
remedy which is available to such person in respect of the act
or omission constituting such failure.
(6) Any dispute arising from the enforcement of regulations
made under this section may be referred to the Commission
by a distribution licensee or a tariff customer or any other
affected party, and the Commission may determine such
dispute in accordance with the provisions of section 39.
Standards of 41. (1) The Commission may, after consultation with
overall
distribution licensees and with persons or bodies appearing
performance and
efficient use of to the Commission to be representative of persons likely to
electricity. be affected, from time to time –
(a) determine such standards of overall performance in
connection with the quality of electricity supply
and electricity supply services and the promotion
of the efficient use of electricity by consumers as in
its opinion, ought to be attained by such distribution
licensees; and
(b) arrange for the publication in such form and in such
manner as it considers appropriate, of the standards
so determined.
(2) Different standards may be determined under this
section in respect of different distribution licensees, having
regard to any special circumstance or conditions in or subject
to which, those distribution licensees are required to supply
electricity.
Information with 42. (1) The Commission shall from time to time collect
respect to levels
information with respect to—
of performance.
(a) the compensation paid by distribution licensees
under regulation made under section 40 (if any);
Sri Lanka Electricity Act, No. 20 of 2009 41
(b) the levels of overall performance attained by such
licensees in connection with the provision of
electricity and electricity supply services; and
(c) the levels of performance attained by such licensees
in connection with the promotion of the efficient
use of electricity by consumers.
(2) On or before such date in each year as may be specified
in a direction given by the Commission, each distribution
licensee shall furnish to the Commission such information as
it may require relating to the standards, including–
(a) as respects each standard prescribed by regulations
under section 40, the number of cases in which
compensation was paid and the aggregate amount
or value of the compensation paid; and
(b) as respects each standard determined under section
41, such information with respect to the level of
performance attained by the licensee as may be
required by the Commission.
(3) A distribution licencee who without reasonable
excuse,fails to do anything required of the licensee by
subsection (2) shall be guilty of an offence and be liable on
conviction after summary trial before a Magistrate, to a fine
not exceeding one million rupees and to an additional fine
of fifty thousand rupees for each day during which such offence
is continued to be committed after such conviction, which
shall be paid into the Fund of the Commission.
(4) Subject to the provisions of section 59, the
Commission shall at least once in every year arrange for the
publication in such form and in such manner as it considers
appropriate, of such information collected by or furnished to
it under this section, as may appear to it expedient to give to
customers or potential customers of distribution licensees.
42 Sri Lanka Electricity Act, No. 20 of 2009
CHAPTER V
NEW GENERATIONPLANT AND OVERHEAD LINES
Provision of new
43. (1) Subject to section 8, no person shall operate or
generation plant
and extension of provide any new generation plant or extend any existing
existing plant. generation plant, except as authorized by the Commission
under this section.
(2) Subject to the approval of the Commission, a
transmission licensee shall, in accordance with the conditions
of the transmission licence and such guidelines relating to
procurement as may be prescribed by regulation and by notice
published in the Gazette, call for tenders to provide new
generation plant or to extend existing generation plant, as
specified in the notice.
(3) A transmission licencee shall with the consent of the
Commission, select a person to provide at least cost, the new
generation plant or to extend the existing generation plant
specified in the notice published under subsection (2), from
amongst the persons who have submitted technically
acceptable tenders in response to such notice.
Consent required 44. (1) Subject to the provisions of subsection (2), no
for overhead and
person shall –
underground
electric lines.
(a) install ; or
(b) keep installed,
an electric line above or below the ground, except in
accordance with a consent granted by the Commission.
(2) The provisions of subsection (1) shall not apply—
(a) to an electric line or underground cable which has a
nominal voltage upto and of thirty three kilovolts
or any other higher voltage as may be deemed fit, to
be decided by the Commission;
Sri Lanka Electricity Act, No. 20 of 2009 43
(b) in relation to so much of an electric line as is or will
be, within premises in the occupation or control of
the person responsible for its installation.
(3) A consent granted under this section—
(a) may include such conditions (including conditions
as to the ownership and operation of the line) as
appear to the Commission to be appropriate;
(b) may be varied or revoked by the Commission at
any time after the end of such period as may be
specified in the consent; and
(c) subject to paragraph (b), shall continue in force for
such period as may be specified in or determined by
or under the consent.
45. The Commission may direct that an electric line be High voltage
designated as a “high voltage line” for the purposes of this lines.
Act.
CHAPTER VI
FINANCE
46. (1) There shall be levied and recovered from every Annual Levy.
licencee an annual levy of such amount as may be determined
by the Commission, by Order published in the Gazette.
(2) In determining the annual levy for any year, the
Commission shall have regard to the following :—
(a) the estimated expenditure of the Commission for
that year; and
(b) any unrecovered expenditure from the previous year.
(3) the levy imposed under sub section (1) on a licensee
for any year shall be paid by the licensee to the Commission
before the thirtieth day of June of that year.
44 Sri Lanka Electricity Act, No. 20 of 2009
(4) Where the licencee fails to pay the levy imposed under
subsection (1) for any year before the thirtieth day of June of
that year, the levy shall be deemed to be in default and the
Chairman shall certify the amount of the levy due from the
licencee.
(5) Upon the production of a certificate issued by the
Chairman under subsection (4), before the District Court
within whose jurisdiction the business of the licencee referred
to in the certificate is being carried on, the Court shall issue
a writ of execution to issue to the Fiscal authorizing the
Fiscal to seize and sell all or any of the property movable or
immovable of such licencee, necessary for the recovery of
the amount specified in the certificate and the provisions of
section 226 to section 297 of the Civil Procedure Code shall,
mutatis mutandis, apply to the execution of such seizure and
sale.
(6) Where the Chairman issues a certificate under
subsection (4), he or she shall notify in writing to the licencee
specified in the certificate, that the amount specified in the
certificate is payable by the licencee, but the non receipt of
such notice shall not invalidate any proceedings instituted
under this section.
(7) Nothing in this section shall affect or be deemed to
affect the right of the Commission to recover in any other
manner, the amount of any levy in default.
Moneys to be 47. All monies collected on any payment made to the
credited to the
Commission by any licencee under this Act, shall be credited
Fund of the
Commission. to the Fund of the Commission.
CHAPTER VII
OFFENCES AND REGULATIONS
General Penalty 48. (1) Every person who contravenes any provision of
this Act or any regulation or rule made under this Act or any
requirement imposed under any provision of this Act or any
decision, direction, order or determination of the
Sri Lanka Electricity Act, No. 20 of 2009 45
Commission, shall be guilty of an offence under this Act and
shall, except as otherwise expressly provided in this Act, be
liable on conviction after summary trial before a Magistrate
to a fine not less than one million rupees and in any case
where such offence is continued after conviction, to a further
fine not exceeding five hundred thousand rupees, for
each day on which such offence is being continued to be
committed after conviction.
(2) Upon conviction of any person for an offence under
this Act, a Magistrate may, in addition to or in lieu of imposing
any punishment prescribed for the offence, make an order
directing that any installation or other apparatus involved in
the commission of the offence, shall be dismantled and
removed before a date specified in the order.
(3) An officer authorized in writing by the Commission
may institute proceedings in a Magistrate’s court for an
offence under this Act, notwithstanding anything to the
contrary in any other law.
(4) No prosecution for an offence under this Act shall be
instituted except with the written sanction of the Commission.
49 (1) Every person who takes, uses or extracts any Extraction of
electricity— electricity to be
an offence.
(a) which is in the course of being transmitted or
distributed by a transmission or distribution
licensee; and
(b) otherwise than in pursuance of a contract made with
a distribution licensee or other electricity
undertaking,
shall be guilty of an offence under this Act and shall be liable
on conviction after summary trial before a Magistrate, in
addition to a penalty of not less than ten thousand rupees
and not exceeding fifty thousand rupees, to a fine in a sum of
46 Sri Lanka Electricity Act, No. 20 of 2009
money being the value of the loss or damage caused to the
licencee as a result of the act or default constituting such
offence, and any sum recovered as such additional fine shall
be paid to the licencee on application made to Court by such
licencee.
(2) Any person who aids or abets in the commission of any
offence punishable under this section, shall be guilty of an
offence under this Act and shall be liable to the same
punishment as is provided for the principal offence. Where
two or more persons are convicted of having committed the
same offence, whether as principal or abettor, the value of
such loss or damage may be apportioned among such persons
and the amount so apportioned, shall be imposed on each of
such persons as a fine.
(3) A certificate issued by the licensee shall be received as
proof of the value of such loss or damage in the absence of
evidence to the contrary. In the absence of any agreement, a
licensee may charge for the electricity supplied to any
consumer in accordance with any method of charging
provided for in the licence.
Improper use of 50. (1) Without prejudice to the provisions of Schedule
electricity to be II to this Act, every person who—
an offence.
(a) not being an authorized officer of a licensee,
connects or disconnects any electric line through
which electricity is or may be supplied by the
licensee to or from any meter, indicator or other
apparatus; or
(b) without the consent of a licensee, lays or causes to
be laid any electric line or connects up any electric
line, equipment, apparatus, or works, for the purpose
of establishing a connection with any electric line,
apparatus or works belonging to a licensee,
shall be guilty of an offence under this Act and shall be liable
on conviction after summary trial before a Magistrate in
addition to a penalty of not less than ten thousand rupees
Sri Lanka Electricity Act, No. 20 of 2009 47
and not exceeding fifty thousand rupees, to a fine in a sum of
money being the value of the loss or damage caused to the
lincensee as a result of the act or default constituting such
offence, and any sum recovered as such additional fine shall
be paid to the licensee on application made to Court by such
licensee.
(2) Any person who aids or abets the commission of any
offence punishable under this section shall be guilty of an
offence under this Act and shall be liable to the same
punishment as is provided for the principal offence. Where
two or more persons are convicted of having committed the
same offence, whether as principal or abettor, the value of
such loss or damage may be apportioned among such persons
and the amount so apportioned, shall be imposed on each of
such persons as a fine.
(3) A certificate issued by the licensee shall be received as
proof of the value of such loss or damage in the absence of
evidence to the contrary. In the absence of any agreement, a
licensee may charge for energy supplied to any consumer in
accordance with any method of charging provided for in the
licence.
(4) In the case of such offence being continued after
conviction, there shall be imposed a further fine not exceeding
five hundred rupees for each day on which such offence is
being continued to be committed after conviction.
(5) Notwithstanding anything to the contrary in the Code
of Criminal Procedure Act, No.15 of 1979 , an offence under
section 49 or this section shall be a cognizable offence and a
non-bailable offence, within the meaning and for the
purposes of that Act.
51. Where an offence under this Act is committed by a Offences by
body of persons, then – bodies of
person.
(a) if that body of persons is a body corporate, every
director and officer of that body corporate; or
48 Sri Lanka Electricity Act, No. 20 of 2009
(b) if that body of persons is a firm, every partner of that
firm,
shall be deemed to be guilty of that offence:
Provided however, that a director or officer of that body
corporate or a partner of such firm shall not be deemed to be
guilty of such offence, if he or she proves that such offence
was committed without his or her knowledge or that he or she
used all such diligence as was necessary, to prevent the
commission of such offence.
Acquisition of 52. (1) Where the President on a recommendation made
property for by the Minister is of the opinion that any immovable property
Power
is required for a power generation project or a transmission
Generation
project. project and that such project would serve for the general
welfare and benefit of the public, the President may by Order
published in the Gazette, declare that such immovable
property is required for such purpose, and the property may
accordingly be acquired under the Land Acquisition Act and
be transferred to the person or persons proposing to carry out
such project.
(2) The provisions of section 3 to section 8 (both inclusive)
of the Urban Development Projects (Special Provisions) Act,
No. 2 of 1980, shall mutatis mutandis apply to and in relation
to an acquisition of property under subsection (1).
(3) Any sum payable for the acquisition of any immovable
property under subsection (1) , shall be paid by the person or
persons to whom the property is transferred.
Rules. 53. (1) The Commission, may make rules in respect of
all matters for which rules are required or authorized to be
made under this Act.
(2) All rules made by the Commission shall be published
in the Gazette, and shall come into force on the date of such
publication or on such later date as may be specified therein.
Sri Lanka Electricity Act, No. 20 of 2009 49
54. (1) The Minister may on the recommendation of the Regulations.
Commission, make regulations under this Act in respect of
all matters required by this Act to be prescribed or in respect
of which regulations are required or authorized by this Act to
be made.
(2) Every regulation made under this section shall be
published in the Gazette, and shall come into force on the
date of such publication or on such later date as may be
specified therein.
(3) Every regulation made under this section shall as soon
as convenient after its publication in the Gazette, be brought
before Parliament for approval. Any such regulation which is
not so approved within thirty days of it being brought before
Parliament, shall be deemed to be rescinded as from the date
of its disapproval, but without prejudice to anything
previously done thereunder.
(4) Notification of the date on which any regulation made
by the Minister is so deemed to be rescinded, shall be
published in the Gazette.
55. (1) If any difficulty arises in giving effect to the Removal of
difficulties.
provisions of this Act or the rules, regulations, or Orders made
under this Act, the Minister may by Order published in the
Gazette, make such provision not inconsistent with the
provisions of this Act or any other law, as appears to him
or her to be necessary or expedient for removing the
difficulty.
(2) Every Order made under this section shall, as soon as
practicable after it is made, be laid before Parliament.
56. (1) Regulations may be made for the purpose of- Purposes for
which
Regulations are
(a) allowing and securing appropriate electricity trading
made.
arrangements between licensees;
(b) securing that supplies of electricity are regular and
efficient;
50 Sri Lanka Electricity Act, No. 20 of 2009
(c) protecting the public from dangers arising from the
generation, transmission, distribution, supply or use
of any electric line or electrical plant; and
(d) without prejudice to the generality of paragraph (c),
eliminating or reducing the risk of personal injury
or damage to property or interference with its use,
arising any of the activities referred to in that
paragraph.
(2) Without prejudice to the generality of subsection (1),
regulations may be made to:—
(a) prohibit the supply, transmission or distribution of
electricity, except by means of a system approved
by the Commission;
(b) make provision requiring notice to be given to
the Commission in such cases as may be specified
in the regulations, of accidents and of failures
in the supply, transmission or distribution of
electricity;
(c) make provision as to the keeping by persons
authorized by a licence or exempted from
the requirement to obtain a licence, to supply,
transmit or distribute electricity, of maps and plans
and as to their production for inspection or
copying;
(d) make provision for relieving persons authorized by
a licence to supply electricity, from an obligation
to supply in certain instances;
(e) make provision requiring compliance with notices
given by the Commission specifying action to be
taken in relation to any electric line or electrical
plant or any electrical appliance under the control
of a consumer, for the purpose of–
(i) preventing a breach of any regulation;
Sri Lanka Electricity Act, No. 20 of 2009 51
(ii) eliminating or reducing a risk of personal
injury or damage to property or interference
with its use;
(f) provide for particular requirements of the regulations
to be deemed to have been complied with in the
case of any electric line or electrical plant
complying with specified standards or requirements;
and
(g) provide for the granting of exemptions from any
requirement of the regulations for such periods as
may be determined by or under the regulations.
CHAPTER VIII
GENERAL
57. The Minister shall in giving his concurrence as Minister to act in
required under subsection (1) of section 13, subsection (1) of accordance with
the criteria
section 20, subsection (1) of section 22 and subsection (1) of
prescribed.
section 38, of this Act, act in accordance with such criteria as
shall be prescribed for each such purpose.
58. (1) The Commission shall maintain a register at its Register.
office in such form, as it may determine.
(2) The Commission shall cause to be entered in such
register—
(a) particulars relating to every licence issued and
exemption granted under this Act;
(b) particulars relating to the modification of the
conditions of any such licence or the revocation of
any such licence;
(c) every decision of the Commission, including every
order, direction or determination;
(d) every enforcement order made under section 34;
and
52 Sri Lanka Electricity Act, No. 20 of 2009
(e) particulars relating to any other instrument or
document to which the Commission’s seal has been
fixed.
(3) The contents of the register shall be made available for
inspection by the public during such hours and subject to
the payment of such fees, as may be prescribed by regulation.
Returns and 59. (1) The Commission may for the purposes of
information. discharging and performing its functions and duties under
this Act, by notice in writing require any person to furnish to
the Commission or any person authorized by the Commission,
and within such period as may be specified in the notice, all
such returns and information as may be specified in such
notice
(2) It shall be the duty of every person who is required to
furnish any returns or information by a notice under
subsection (1), to comply with the requirements of the notice
within the period specified in the notice, except where he or
she is prohibited from furnishing such returns or information
by the provisions of any law.
(3) Every person who acts in contravention of the
provisions of subsection (2) shall be guilty of an offence and
be liable on conviction after summary trial before a Magistrate
to a fine not exceeding one million rupees and to an
additional fine of fifty thousand rupees for each day during
which such offence is continued to be committed after such
conviction.
(4) No information furnished in compliance with the
requirements of a notice sent under this section shall be
published or disclosed by the Commission to any other
person, except with the consent of the person furnishing such
information.
(5) The disclosure by the Commission of any information
referred to in subsection (4) without the consent of the person
furnishing such information-
(a) to a court of law, when required to do so by such
court ;
Sri Lanka Electricity Act, No. 20 of 2009 53
(b) for the purposes of discharging any function
assigned to it by this Act ; or
(c) for the purposes of enabling compliance with a
condition of a licence granted under this Act,
shall be deemed not to be a contravention of the provisions
of subsection (3).
60. (1) The Consumer Affairs Authority established by Consumer
the Consumer Affairs Authority Act, No. 9 of 2003, shall not Affairs Authority
Act not to apply.
exercise any powers, duties or functions, conferred on that
Authority by that Act, in relation to the exercise, discharge or
performance of the powers, duties and functions conferred
on the Commission by this Act or the Public Utilities
Commission of Sri Lanka Act, No. 35 of 2002.
(2) The Commission shall, wherever the need to do so
arises and in the absence of specific provisions in the Public
Utilities Commission of Sri Lanka Act, No. 35 of 2002 relating
to the protection of the rights of consumers, exercise, perform
and discharge such of the powers, duties and functions
conferred on the Consumer Affairs Authority established by
the Consumer Affairs Authority Act, No. 9 of 2003 as are
relevant thereto, and the provisions of that Act shall, mutatis
mutandis, apply to and in regard to the exercise, performance
and discharge of such powers, duties and functions by the
Commission.
CHAPTER IX
INTERPRETATION
61. In this Act, unless the context otherwise requires— Interpretation.
“authorized” means authorized by a licence issued or an
exemption granted under this Act;
“Authorized Area” in relation to a person authorized by a
licence to transmit or to distribute and supply or
distribute or supply electricity, means the area
designated in the licence;
54 Sri Lanka Electricity Act, No. 20 of 2009
“bulk sales” in relation to the sale of electricity means the
sale of electricity in bulk by the transmission licensee
via its transmission system, to-
(i) distribution licensees; and
(ii) those consumers who are connected to the
transmission licensee’s transmission system
and identified in the transmission licence;
“Central Environmental Authority” means the Central
Environmental Authority established by the
National Environmental Act, No. 47 of 1980 ;
“connect ” in relation to any premises means connect to a
distribution line of the distribution licensee and the
expression “connection” shall be construed
accordingly;
“consumer” means a consumer of electricity in Sri Lanka
and includes a prospective consumer;
“contravention” in relation to any decision, direction,
determination, licence condition, requirement,
regulation, rule or order includes any failure to
comply with it;
“disadvantaged group of consumers” means consumers
belonging to any group of consumers whose
individual house hold income is less than such
amount as may be prescribed by regulation;
“distribute” in relation to electricity means distribute by
means of a system which consists(wholly or mainly)
of low voltage lines and electrical plant and is used
for conveying electricity to any premises or to any
other distribution system and the expressions
“distribution” and ‘distribution system’ shall be
construed accordingly;
“ distribution licensee” means a person who has been
granted a distribution licence;
Sri Lanka Electricity Act, No. 20 of 2009 55
“distribution line” in relation to a distribution licensee,
means any distribution line in the Authorized Area
of the distribution licensee, which is being used for
the purpose of giving a supply of electricity to any
premises;
“dwelling” means a building or part of a building occupied
or (if not occupied ) last occupied or intended to be
occupied, as a private dwelling;
“electric line” means any line whether underground or
over ground which is used for carrying electricity
for any purpose and includes, unless the context
otherwise requires—
(a) any support for any such line, including but
not limited to, any structure, pole or other thing
in, on, by or from which any such line is or
may be supported, carried or suspended;
(b) any apparatus connected to any such line for
the purpose of carrying electricity; and
(c) any wire, cable, tube, pipe or other similar
thing (including its casing, insulator or
coating) which surrounds or supports or is
surrounded or supported by or is installed in
close proximity to or is supported, carried or
suspended in association with, any such line;
“electrical plant” means any plant, equipment, apparatus
or appliance used for or for purposes connected with,
the generation, transmission, distribution or supply
of electricity, other than—
(a) an electric line;
(b) a meter used for ascertaining the quantity of
electricity supplied to any premises; or
(c) an electrical appliance under the control of a
consumer;
56 Sri Lanka Electricity Act, No. 20 of 2009
“electricity supply code” means the provisions of
Schedule II to this Act ;
“electricity undertaking” means any person engaged in
the generation, transmission, distribution or supply
of electricity, including any person who is exempted
from obtaing a licence under this Act;
“enforcement order” means an enforcement order made
by the Commission under section 34 ;
“exemption” means an exemption granted under
section 10;
“financial year” means the calendar year ;
“Fund” means the Fund of the Commission established
under section 31 of the Public Utilities Commission
of Sri Lanka Act, No.35 of 2002;
“generation licensee” means a person who has been granted
a generation licence;
“generator” means a generation licensee or a person exempt
from the requirement of obtaining a generation
licence;
“high voltage lines” means an electric line of a nominal
voltage of not more than 33 kilovolts or such other
voltage as the Commission may direct in accordance
with section 45 and the expression “low voltage
line” shall be construed accordingly;
“licence” means a licence granted under section 11 and
“licensee” or “licensees” shall be construed
accordingly;
“life line tariff” means a concessionary electricity tariff
made available to the section of the population who
are unable financially to afford to pay for the basic
electricity needs, at a rate representing the true cost
of supply;
Sri Lanka Electricity Act, No. 20 of 2009 57
“line” means any wire, cable, pipe, conductor or other
similar thing (including its casing or coating) which
is designed or adapted for transporting electricity;
“local authority” means a Municipal Council, Urban
Council or a Pradeshiya Sabha, and includes any
authority created and established by or under any
law to exercise, perform and discharge, powers,
duties and functions corresponding to, or similar to
the powers, duties and functions exercised,
performed, and discharged by any such Council or
Sabha;
“modifications” includes additions, alterations and
omissions;
“necessary wayleave” means consent for the licensee to
install and keep installed the electric line on, under
or over the land and to have access to the land for
the purpose of inspecting, maintaining, adjusting,
repairing, altering, replacing or removing the electric
line;
“notice” means notice in writing;
“premises” includes any land, building or structure;
“prescribed” means prescribed by rules or regulations
made under this Act;
“Provincial Council” means a Provincial Council
established under Chapter XVII A of the
Constitution;
“register” means the register maintained under section 58;
“regulations” means regulations made by the Minister
under this Act;
“relevant condition” in relation to a licensee, means any
condition of its licence or any duty imposed on it
by or under this Act;
58 Sri Lanka Electricity Act, No. 20 of 2009
“relevant licencee” has the meaning as given in subsection
(5) of section 30;
“relevant undertaker” has the meaning as given in
paragraph 2 of Schedule I to this Act;
“rules” means rules made by the Commission under this
Act;
“sell electricity in bulk” has the same meaning as “bulk
sales”;
“supply” in relation to electricity, means supply of
electricity to any premises (other than premises
occupied by a licensee for the purpose of carrying
on the activities which it is authorized by its licence
to carry on) but shall exclude bulk sales of electricity;
“tariff customer” means a person who requires a supply of
electricity from a distribution licensee in pursuance
of section 25 and is supplied by the distribution
licensee;
“transmission licensee” means a person who has been
granted a transmission licence under this Act ;
and
“transmit”, in relation to electricity, means the
transportation of electricity by means of a system,
which consists (wholly or mainly) of high voltage
lines and electrical plant and is used for conveying
electricity from a generating station to a sub-station,
from one generating station to another or from one
sub-station to another, and the expressions
“transmission” and “transmission system” shall be
construed accordingly.
Sinhala text to 62. In the event of any inconsistency between the
prevail in case of Sinhala and Tamil texts of this Act, the Sinhala text shall
inconsistency.
prevail.
Sri Lanka Electricity Act, No. 20 of 2009 59
CHAPTER X
REPEALS AND TRANSITIONAL PROVISIONS
63. (1) Electricity Reform Act, No 28 of 2002 is hereby Repeals and
repealed. transitional
provisions.
(2) The Electricity Act (Chapter 205) is hereby repealed.
(3) Notwithstanding the repeal of the Electricity Act
(Chapter 205) –
(a) all licences issued under that Act and in force on
the day preceding the date of this Act, shall, insofar
as such licences authorize any one of the following
activities, namely, the generation, transmission,
distribution or supply, of electricity, continue to be
valid and in force for a period of six months from
the date of coming into force of this Act and shall
be subject to the provisions of this Act.
(b) all regulations made under section 60 of that Act
and in force on the day preceding the date of the
Act, shall in so far as such regulations are not
inconsistent with any provision of this Act continue
in force after that date.
64. Notwithstanding the provisions of the Ceylon Provisions of
Electricity Board Act, No.17 of 1969, where there is a conflict this Act and
regulations to
between any regulation made under section 56 of that Act prevail over
and any provisions of this Act or any regulations made regulations made
thereunder, the provisions of this Act and the regulations under section 56
of the Ceylon
made thereunder, shall prevail. Electricity Board
Act.
65. (1) Notwithstanding the provisions of this Act or Ceylon
any provision in the Ceylon Electricity Board Act, No 17 of Electricity
Board to be
1969, the Ceylon Electricity Board shall, with effect from
issued with
the date on which this Act comes into operation, be issued provisional
with appropriate provisional licenses by the Commission licence and
under this Act, so as to enable the Ceylon Electricity Board licences.
60 Sri Lanka Electricity Act, No. 20 of 2009
to carry on activities relating to the generation, transmission,
and bulk procurement of electricity and for the distribution
and supply of electricity. All provisional licenses issued under
this section shall be valid for a period of six months from the
date on which this Act comes into operation and shall be
subject to such conditions as may be determined by the
Commission.
(2) Not less than three months prior to the expiry of the
period of six months referred to in subsection (1), the Ceylon
Electricity Board to which such provisional licences were
issued shall be required to make an application to the
Commission under this Act for the issue of a licence under
section 7 of this Act to generate, transmit and for bulk
procurement of electricity or distribution and supply of
electricity, as the case may be. The Board shall along with its
applicaton also submit a plan specifying the geographical
areas on which it is operating its activities as on the date of
the making of the aplication and an expansion plan indicating
the geographical areas in which it proposes, during a period
of fifteen years from such date, to expand its activities relating
to the generation, transmission and for bulk procurement of
electricity and distribution and supply of electricity prepared
in accordance with the guidelines approved by the Cabinet
of Ministers under section 5 of this Act.
(3) On receipt of the application and the required plans
under subsection (2), the Commission shall, prior to the
expiry of the six months period referred to in subsection (1)
and notwithstanding anything to the contrary in any other
provisions of this Act, issue the required licences to the
Ceylon Electricity Board for a period of fifteen years. Every
licence so issued shall be subject to the terms and conditions
attached to such licence, and may be extended from time to
time, for further periods of fifteen years each, on application
being made for that purpose prior to the expiry of the period
of validity of the licence issued, along with the required
plans prepared in accordance with policy guidelines approved
by the Cabinet of Ministers under section 5.
Sri Lanka Electricity Act, No. 20 of 2009 61
66. (1) The Ceylon Electricity Board Act, No. 17 of 1969 Amendment to
the
(in this section referred to as “the Act”), as last amended by
Ceylon
Act, No. 32 of 1988, is hereby further amended as follows:— Electricity Board
Act, No.17 of
(a) in section 11 of that Act— 1969.
(i) by the repeal of subsection (1) of that section
and the substitution therefore of the following
subsection:—
“(1) It shall be the duty of the Board to
develop and maintain an efficient, co-
ordinated and economical system of
electricity supply in accordance with any
appropriate licence issued by the Public
Utilities Commission of Sri Lanka.”;
(ii) by the insertion, immediately after subsection
(2) of that section, of the following new
subsection:—
“(2A) Notwithstanding the provisions of
subsection (2), in the performance of the duties
specified therein, the Board shall not act in
contravention of any condition of a licence
issued to it by the Public Utilities Commission
of Sri Lanka.”;
(b) in section 12 of that Act—
(i) by the renumbering of that section as
subsection (1) of that section;
(ii) by the substitution in the renumbered
subsection (1) of that section for the words
“The Board may exercise”, of the words
“Subject to the provisions of subsection (2),
the Board may exercise”;
62 Sri Lanka Electricity Act, No. 20 of 2009
(iii) by the addition, immediately after the
renumbered subsection (1) of that section of
the following new subsection:—
“(2) The powers referred to in paragraphs
(a), (d), (h), (l) and (n) of subsection (1) shall
be exercised by the Board, in accordance with
the terms and conditions of any appropriate
licenses issued to the Board by the Public
Utilities Commission of Sri Lanka.”;
(c) by the repeal of sections 14, 15 and 16 of that Act;
(d) by the repeal of Part II and Part V of that Act; and
(e) in section 66 of the Act—
(1) by the insertion, immediately before the
definition of the expression “Local
Government Service”, of the following new
definition:—
“ “licence” means a licence issued by the
Public Utilities Commission of Sri
Lanka Under the Sri Lanka Electricity
Act, No. 20 of 2009”; and
(2) by the insertion, immediately after the
definition of the expression “public officer”,
of the following new definition:—
“ “Public Utilities Commission of Sri Lanka”
means the Public Utilities Commission
of Sri Lanka established by section 2 of
the Public Utilities Commission of Sri
Lanka Act, No. 35 of 2002.”
(2) Notwithstanding the repeal of Part V of the Act, all
tariffs fixed by the Ceylon Electricity Board under section
52 of that Act for the supply of electrical energy by such
Board and in force on the day preceding the date on which
this Act comes into operation, shall continue to be in
force, untill such tariffs are varied or replaced by or under
any written law.
Sri Lanka Electricity Act, No. 20 of 2009 63
SCHEDULE I [Section 31]
OTHER POWERS OF LICENSEES
1. (1) Subject to the following provisions of this paragraph, licensee
may, for any purpose connected with the carrying on of the activities
which it is authorized by its licence to carry on, execute in its Authorized
Area, any of the following works: –
(a) installing under, over, in, on, along or across any street-
(i) any electric lines or electrical plant; and
(ii) any structures for housing or covering any such lines
or plant,
and from time to time inspect, maintain, adjust, repair, alter, replace or
remove any such plant or lines; and
(b) any works requisite for or incidental to the purposes of any
works referred to in sub paragraph (a), including for the
following purposes:-
(i) opening or breaking up any street or any sewers,
drains or tunnels within or under any street;
(ii) tunneling or boring under any street; and
(iii) removing or using all earth and materials in or under
any street,
but nothing in this subparagraph shall empower a licensee to lay down
or place any electric line or electrical plant into, through or against any
building, or in any land not dedicated to the public use.
(2) The power conferred on a licensee under paragraph (1) to place
on or over a street any structure for housing any line or plant shall be
exercisable only with the consent of the local authority or other relevant
authority;
(3) Except in cases of emergency arising from faults in any electric
lines or electrical plant, a street which does not come within the authority
of local authority or other relevant authority shall not be opened or
broken up in the exercise of the powers conferred by paragraph (1)
except with the consent of the Commission.
(4) Notwithstanding anything in paragraph (7), licensee may with
the consent of the Commission construct lines, which are temporary,
and not in compliance with the prescribed standards.
64 Sri Lanka Electricity Act, No. 20 of 2009
(5) The Commission shall not consider an application for its consent
under paragraph (3) unless the licensee has served notice of the
application on any person whose consent would otherwise be required.
(6) A licensee shall do as little damage as possible in the exercise of
the powers conferred by paragraph (1) and shall make compensation
for any damage done in the exercise of those powers.
(7) A licensee shall exercise the powers conferred by paragraph (1)
in such manner as will secure that nothing which it installs or keeps
installed under, over, in, on, along or across any street becomes a
source of danger to the public and shall-
(a) immediately cause the part broken up or opened to be fenced
and guarded;
(b) while such part remains broken up or open, cause a light
sufficient for warning passers by, to be set up at sunset and
maintained until sunrise against or near such part; and
(c) with all reasonable speed fill in the ground and reinstate and
make good the soil or pavement or the sewer, drain or tunnel
broken up or opened, and shall keep it in good repair for
three months and, where any subsidence occurs, for any
further period, not exceeding six months, during which the
subsidence continues.
(8) A licensee who fails to comply with the provisions of paragraph
(7) shall be guilty of an offence under this Act and shall be liable on
conviction after summary trial by a Magistrate, to a fine not less than
five thousand rupees and not exceeding twenty five thousand rupees.
2. (1) A licensee may execute works in the exercise of the powers
conferred by item 1, notwithstanding that they involve a temporary or
permanent alteration of any of the following:-
(a) any electric line or electrical plant under the control of another
licensee;
(b) any pipe, including any pipe used for the conveyance of
gas, which (whether or not it is in a street) which is under the
control of a gas undertaker, a water undertaker, a sewerage
undertaker or a person supplying water in the exercise of
statutory powers;
(c) any telecommunication apparatus used for the purposes of a
telecommunication system which is operated by a person
licenced under the Sri Lanka Telecommunications Act 25 of
1991;
Sri Lanka Electricity Act, No. 20 of 2009 65
(d) any telecommunication apparatus used for the purposes of a
telegraphic system which is operated by the General Manager
of the railway;or
(e) any telecommunication apparatus used for the purposes of a
cable television system to which the Sri Lanka Rupavahini
Corporation Act, No. 6 of 1982 applies.
(2) Where a licensee is proposing to execute works in the exercise
of the powers conferred by item 1 which involve or are likely to
involve any such alteration as is referred to in subparagraphs (1)(a),
(b), (c),(d) or (e) the succeeding provisions of this paragraph shall
apply and a reference in those provisions to “relevant undertaker”
shall be deemed to be a reference to an undertaker referred to in
subparagraphs (1) (a), (b), (c), (d) or (e)
(3) A member of the public may request the relevant licensee to
carry out alterations in respect of any electric line or electrical plant
notwithstanding that such works may fall within sub paragraph (1)(a)
(4) Subject to the provisions of paragraph (5), a licensee shall, not
less than one month prior to the commencement of the works, give the
relevant undertaker a notice specifying the nature of the works proposed
to be executed by the licensee, the alteration or likely alteration involved,
and the time and place at which the execution of the works will be
commenced.
(5) The provisions of paragraph (4) shall not apply in relation to
any emergency works of which the licensee gives the relevant undertaker
notice as soon as practicable after commencing the execution of the
works.
(6) Where a notice has been given under paragraph (4) by the
licensee to the relevant undertaker, the undertaker may, within the
period of seven days of the date of the notice, give the licensee a
counter notice which may state either-
(a) that the undertaker intends himself or herself to make any
alteration made necessary or expedient by the works proposed
to be executed by the licensee; or
(b) that he or she requires the licensee to make any such alteration
under the supervision, and to the satisfaction of, the
undertaker.
(7) Where a counter notice given under paragraph (6) states that the
relevant undertaker intends himself or herself to make any alteration:
(a) the undertaker shall have the right, instead of the licensee, to
execute any works for the purpose of making that alteration;
and
66 Sri Lanka Electricity Act, No. 20 of 2009
(b) any reasonable expenses incurred by the undertaker in or in
connection with the execution of those works and the amount
of any loss or damage sustained by the undertaker in
consequence of the alteration shall be recoverable by the
undertaker from the licensee.
(8) Where a counter notice given under paragraph (6) states that
any alteration is to be made under the supervision, and to the satisfaction
of, the relevant undertaker-
(a) the licensee shall not make the alteration except in compliance
with the requirements of the counter notice; and
(b) any reasonable expenses incurred by the undertaker in or in
connection with the provision of that supervision and the
amount of any loss or damage sustained by the undertaker in
consequence of the alteration shall be recoverable by the
undertaker from the licensee in any court of competent
jurisdiction.
(9) Where-
(a) no counter notice is given under paragraph (6); or
(b) the relevant undertaker, having given a counter notice under
that paragraph fails to make any alteration made necessary
or expedient by the works proposed to be executed by the
licensee, within any such period (being not less than forty
eight hours) as the licensee may by notice specify or, as the
case may be, unreasonably fails to provide the required
supervision,
the licensee may execute works for the purpose of making the alteration
or, as the case may be, may execute such works without the supervision
of the undertaker; but in either case the licensee shall execute the works
to the satisfaction of the undertaker.
(10) Licensee or any of his or her agents who-
(a) executes any works without giving the notice required by
paragraph (4); or
(b) unreasonably fails to comply with any reasonable requirement
given by a relevant undertaker under this paragraph,
shall be guilty of an offence under this Act and shall be liable on conviction
after summary trial by a Magistrate, to a fine not less than five thousand
rupees and not exceeding twenty five thousand rupees.
Sri Lanka Electricity Act, No. 20 of 2009 67
3. (1) This item applies where-
(a) for any purpose connected with the carrying on of the
activities which a licensee is authorized by its licence to
carry on, it is necessary or expedient for a licensee to install
and keep installed an electric line on, under or over any
land; and
(b) the owner or occupier of the land, having been given a
notice by the licensee requiring him or her to give the
necessary wayleave within a period (not being less than
twenty one days) specified in the notice-
(i) has failed to give the wayleave before the end of that
period; or
(ii) has given the wayleave subject to terms and conditions
which are not acceptable to the licensee.
(2) This item also applies where-
(a) for any purpose connected with the carrying on of the
activities which the licensee is authorized by its licence to
carry on, it is necessary or expedient for a licensee to keep an
electric line installed on, under or over any land; and
(b) the owner or occupier of the land has given notice to the
licensee under paragraph 5(2) requiring it to remove the
electric line.
(3) Where paragraphs (1) or (2) applies and the Commission is
satisfied that –
(a) the licensee has made all reasonable efforts to secure the
grant of a wayleave;
(b) those efforts have been unsuccessful; and
(c) the acquisition of that wayleave is necessary for the
carrying on of the activities authorized by the licence of the
licensee,
the Commission, shall, within six weeks of an application made by the
licensee, recommend to the Minister, the acquisition of the wayleave.
Where the Minister approves the proposed acquisition, by Order
published in the Gazette, the wayleave shall be deemed to be required
for a public purpose and maybe acquired under the Land Acquisition
Act, and transferred to the licensee.
68 Sri Lanka Electricity Act, No. 20 of 2009
(4) The Commission shall not recommend the acquisition of a
wayleave under paragraph (3) in any case where-
(a) the land is covered by an authorized dwelling, or planning
permission has been granted under the relevant laws for the
construction of a dwelling on that land; and
(b) the line is to be installed on or over that land.
(5) Before making a recommendation under paragraph (3), the
Commission shall give-
(a) the occupier of the land; and
(b) where the occupier is not also the owner of the land, the
owner,
an opportunity of being heard by a person appointed by the Commission.
(6) Where a wayleave is acquired under the Land Acquisition Act,
and transferred to a licensee, the wayleave –
(a) shall not be subject to the provisions of any enactment
requiring the registration of interests in or, charges over, or
other obligations affecting, land; but
(b) shall bind any person who is at any time the owner or occupier
of the land.
4. (1) Where a wayleave is granted to a licensee under item 3-
(a) the occupier of the land;or
(b) where the occupier is not also the owner of the land the
owner of the land,
may recover from the licensee reasonable compensation in respect of
the grant as may be determined by the commission.
(2) Where in the exercise of any right conferred by such a wayleave
any damage is caused to land or to movables, any person interested in
the land or the movables may recover from the licensee reasonable
compensation in respect of that damage; and where in consequence of
the exercise of such a right a person is disturbed in his or her enjoyment
of any land or movables he or she may recover from the licensee
compensation in respect of that disturbance of such amount as may be
determined by the Commission.
(3) The Commission may on its own motion or on the application
of a person affected, conduct such inquiries as may be necessary to
determine whether a licensee is liable to pay any person any
compensation under paragraph (1) and (2).
Sri Lanka Electricity Act, No. 20 of 2009 69
(4) The Commission shall communicate any decision under
paragraph (3) to the licensee and to any person who has applied for, or
was awarded, compensation.
(5) A person who is aggrieved by the decision of the Commission
that no compensation is payable under paragraph (1) or (2) who is
dissatisfied with the amount of compensation determined to be payable
by the Commission, may institute, in a court of competent jurisdiction,
an action against the licensee from whom the compensation is claimed
for the recovery of the compensation claimed by that person or the
difference between the amount of the compensation claimed by that
person and the amount of the compensation determined to be payable
to that person by the Commission.
(6) An action by any person under paragraph (5) shall be instituted
within two months of the date on which-
(a) that person receives a communication sent by the Commission
under paragraph (4);
(b) the amount of compensation determined by the Commission
is paid to that person under paragraph (7); or
(c) the notice of the payment of that amount into the court is
given, or is exhibited for the first time under paragraph (7).
(7) A licensee who is liable to pay to the owner of that land an
amount of compensation under paragraph (1) or (2) shall pay that
amount to that person within such period as may be determined by the
Commission. Where that owner is unknown or where the ownership of
that land is subject to dispute, the licensee shall-
(a) pay that amount into the district court having jurisdiction
over the place where that land is situated, within such period
as may be determined by the Commission to be drawn from
that court by that person upon proof of title; and
(b) give the occupier of that land written notice of the payment
of that amount into the court, within such period as is
determined by the Commission or, if there is no occupier,
exhibit that notice in some conspicuous position on that
land.
5. (1) This paragraph applies where at any time such a wayleave as
is mentioned in item 3 (whether granted under that item or by agreement
between the parties)-
(a) is determined by the expiration of a period specified in the
wayleave;
70 Sri Lanka Electricity Act, No. 20 of 2009
(b) is terminated by the owner or occupier of the land in
accordance with a term contained in the wayleave; or
(c) by reason of a change in the ownership or occupation of the
land after the granting of the wayleave, ceases to be binding
on the owner or occupier of the land.
(2) The owner or occupier of the land may in a case falling within
paragraph (1)-
(a) at any time after or within three months before the end of the
period specified in the wayleave;
(b) at any time after the wayleave has been terminated by him or
her; or
(c) at any time after becoming the owner or occupier of the land
by virtue of such a change in the ownership or occupation of
the land as is referred to in that paragraph,
give to the licensee a notice requiring the licensee to remove the electric
line from the land; but the licensee shall not be obliged to comply with
such a notice except in the circumstances and to the extent provided by
the following provisions of this paragraph.
(3) Where within the period of three months beginning from the
date of the notice under paragraph (2) the licensee-
(a) fails to make an application for the grant of the necessary
wayleave under item 3;
(b) makes an application for the grant of the necessary wayleave
under item 3 and that application is refused by the
Commission;
(c) fails to obtain an order authorizing the compulsory purchase
of the land under item 7 of this Schedule,
the licensee shall comply with the notice at the end of that period, or in
the case of subparagraph (b), at the end of the period of one month
beginning from the date of the Commission’s decision or such longer
period as the Commission may specify.
(4) In this schedule “wayleave” in relation to a land means such
interest in the land as consists of a right of a licensee, to install and keep
installed, an electric line on, under, or over, that land and to have access
to that land for the purpose of inspecting, maintaining, adjusting,
repairing, altering, removing or replacing such electric line.
Sri Lanka Electricity Act, No. 20 of 2009 71
6. (1) This item applies where any tree is or will be in such close
proximity to an electric line or electrical plant which has been installed
or is being or is to be installed by a licensee as-
(a) to obstruct or interfere with the installation, maintenance or
working of the line or plant; or
(b) to constitute an unacceptable source of danger (whether to
children or to other persons),
and in this item the “land” means the land on which the tree is growing.
(2) The licensee may give notice to the occupier of the land requiring
him or her to fell or lop the tree or cut back its roots so as to prevent it
from having the effect mentioned in subparagraph (1)(a) or (b), subject
to the payment to him or her by the licensee of the expenses reasonably
incurred by him or her in complying with the requirements of the
notice.
(3) Where the occupier is not also the owner of the land, a copy of
any notice under paragraph (2) shall also be served on the owner.
(4) If within twenty one days from the giving of a notice under
paragraph (2)-
(a) the requirements of the notice are not complied with; and
(b) neither the owner nor occupier of the land gives a counter
notice under paragraph (5),
the licensee may cause the tree to be felled or lopped or its roots to be
cut back so as to prevent it from having the effect mentioned in
subparagraph (1)(a) or (b).
(5) If, within twenty one days from the giving of a notice under
paragraph (2), the owner or occupier of the land gives a counter notice
to the licensee objecting to the requirements of the notice, the matter
shall, be referred to the Commission.
(6) On a reference to it under paragraph (5), the Commission may
after giving the parties an opportunity of being heard by a person
appointed by it, may make such order as it thinks just, in the
circumstances and any such order-
(a) may allow the licensee (after giving such notice to any
person by whom a counter notice was given of the
commencement of the work as the order may direct) to
72 Sri Lanka Electricity Act, No. 20 of 2009
cause the tree to be felled or lopped or its roots to be cut back
so as to prevent it from having the effect mentioned in
subparagraph (1)(a) or (b); and
(b) may determine any question as to what expenses (if any) are
to be paid to the licensee by the owner or occupier.
(7) Where the licensee acts in pursuance of paragraph (4) or an
order made under paragraph (6), the licensee shall-
(a) cause the tree to be felled or lopped or their roots to be cut
back in accordance with good arboricultural practice and so
as to do as little damage as possible to trees, fences, hedges
and growing crops;
(b) cause the felled trees, lopped boughs or root cuttings to be
removed in accordance with the directions of the owner or
occupier; and
(c) make good any damage done to the land.
(8) In this item, “tree” includes any shrub, and references to “felling”
and “lopping” shall be construed accordingly.
7. (1) Where the Commission is satisfied that any immovable
property is required for the purposes of carrying on the activities
which a licensee is authorized to carry on by its licence, or for the
purposes of discharging any function assigned to such licensee by this
Act and that-
(a) the licensee has made all reasonable efforts to negotiate the
acquisition of such property with the owner of the property;
and
(b) those efforts have been unsuccessful,
the Commission may recommend to the Minister that the immovable
property be acquired under the Land Acquisition Act and transferred to
the licensee.
(2) Where the Minister, by Order published in the Gazette, approves
the proposed acquisition of the immovable property specified in the
recommendation of the Commission made under paragraph (1), such
immovable property shall be deemed to be required for a public purpose
and may accordingly be acquired under the Land Acquisition Act and
transferred to the licensee.
Sri Lanka Electricity Act, No. 20 of 2009 73
(3) Any sum payable for the acquisition of any immovable property
under the Land Acquisition Act, for a licensee shall be payable by that
licensee.
(4) The Commission shall not recommend the acquisition of any
immovable property under paragraph (1) if such immovable property
is being used by another licensee, to whom it belongs for the purpose
of an installation necessary for carrying on of the activities which the
licensee is authorized by its licence to carry on or is proposed to be
used, within a period of five years, by such other licensee for the
purposes of such an installation.
SCHEDULE II [Section 31]
ELECTRICITY SUPPLY CODE
1. (1) Subject to paragraph (2), a distribution licensee may recover
from a tariff customer any charges due to the licensee in respect of the
supply of electricity, or in respect of the provision of any electricity
meter, electric line or electrical plant.
(2) If a tariff customer quits any premises at which electricity has
been supplied to him or her by a distribution licensee, without giving at
least two working days’ prior notice to the licensee, he or she shall be
liable to pay the licensee, in respect of the supply of electricity to the
premises, all accrued charges due up to the earlier of-
(a) the second working day after he or she gives such notice to
the licensee provided that reasonable access to the premises
has been granted;
(b) the next day on which the register of any meter is ascertained;
and
(c) the day from which any subsequent occupier of the premises
requires the supplier to supply electricity to the premises.
(3) The provisions of paragraph (2) or a statement setting out those
provisions shall be endorsed upon every demand note for electricity
charges payable to a distribution licensee by a tariff customer.
(4) If a tariff customer quits any premises at which electricity has
been supplied to him or her by a distribution licensee, without paying
all charges due from him or her in respect of that supply, or the provision
of any electricity meter, electric line or electrical plant for the purposes
of the supply, the licensee-
(a) may refuse to furnish him or her with a supply of electricity
at any other premises until he or she pays the charges due;
but
74 Sri Lanka Electricity Act, No. 20 of 2009
(b) shall not be entitled to require payment of that charge from
the next occupier of the premises.
(5) If a tariff customer-
(a) has not, within the requisite period, paid all charges due to a
distribution licensee in respect of the supply of electricity to
any premises, or the provision of any electricity meter, electric
line or electrical plant for the purposes of that supply; or
(b) has failed to comply with a notice from the licensee requiring
him or her to cease using any appliance which unduly or
improperly interferes with the supply of electricity by the
licensee to any other consumer,
the distribution licensee may, at the end of the requisite period cut off
the supply to the premises, or to any other premises occupied by the
customer, by such means as the licensee thinks fit and recover any
expenses incurred in so doing from the customer.
(6) In paragraph (5) the “requisite period” means-
(a) in the case of premises which are used wholly or mainly for
domestic purposes, a period of not less than ten days after
either the making by the distribution licensee of a demand in
writing for the payment of the charges due or a notice by the
distribution licensee requiring the tariff customer to cease to
use the appliances which interfere with electricity supplied
to another customer; and
(b) in the case of any other premises, a period of ten days after
the making of such a demand.
(7) A distribution licensee shall not exercise the powers conferred
on the licensee by paragraph (5), if there is a genuine dispute regarding
the amount of the charges due.
(8) In this item a reference to the provision of any electric line or
item of electrical plant shall include a reference to the provision of such
a line or item by the installation of a new one or by the modification of
an existing one.
2. (1) Where a distribution licensee has cut off the supply of
electricity to any premises in consequence of any default by a tariff
customer, the licensee shall be under an obligation to resume the supply
of electricity within two working days of the requirements of paragraph
(2) being fulfilled.
Sri Lanka Electricity Act, No. 20 of 2009 75
(2) The requirements of this paragraph are that the customer in
default-
(a) has made good the default;
(b) has paid the reasonable expenses of disconnecting and
reconnecting the supply; and
(c) has given such security as is mentioned in section 26 of this
Act.
(3) The obligation imposed by paragraph (1) on a distribution
licensee shall be a duty owed by the licensee to any person who may be
affected by a failure to comply with the obligation.
(4) Where a duty is owed by a licensee to any person by virtue of
paragraph (3), any breach of that duty which causes any loss or damage
to that person shall be actionable at the suit or instance of that person.
(5) In any proceedings brought against a distribution licensee in
pursuance of paragraph (4), it shall be a defence for the distribution
licensee to prove that the licensee took all reasonable steps and exercised
all due diligence to avoid failing to comply with the obligation imposed
on the licensee by paragraph (1).
(6) Without prejudice to any right which any person may have by
virtue of paragraph (4) to bring civil proceedings against a distribution
licensee in respect of any failure to comply with the obligation imposed
on the licensee by paragraph (1), compliance with that obligation may
be enforced by the Commission against in the licensee by the institution
of appropriate proceedings in a court of civil jurisdiction.
3. (1) Where a supply of electricity to any premises has been cut
off by a distribution licensee no person other than such licensee shall
restore such supply.
(2) If any person acts in contravention of paragraph (1), he or she
shall be guilty of an offence under this Act and shall be liable on
conviction after summary trial by a Magistrate to a fine not exceeding
twenty five thousand rupees and the distribution licencee may cut off
the supply
4. (1) If any person intentionally or negligently damages or causes
to be damaged –
(a) any electrical plant or electric line belonging to or operated
by-
(i) a distribution licensee;
76 Sri Lanka Electricity Act, No. 20 of 2009
(ii) a generation licensee; or
(iii) a transmission licensee; or
(b) any part of any domestic electricity supply equipment
belonging to or operated by a distribution licensee that is
situated on his or her property,
he or she shall be guilty of an offence under this Act and shall be liable
on conviction after summary trial by a Magistrate to a fine not less than
five thousand rupees and not exceeding fifty thousand rupees.
(2) In this item, “domestic electricity supply equipment” includes
all line and plant up to, and including, the meter situated in a consumer’s
property.
(3) Where an offence has been committed under subparagraph
(1)(a), in respect of the electrical line or electrical plant of a distribution
licensee, the distribution licensee may discontinue the supply of
electricity to the person so offending until the matter has been remedied
.
(4) Where an offence has been committed under subparagraph
(1)(b), in respect of any domestic electricity supply equipment, the
distribution licensee-
(a) may discontinue the supply of electricity to the person so
offending until the matter has been remedied;and
(b) may remove the meter in respect of which the offence was
committed.
(5) Where a distribution licensee removes a meter in the exercise of
powers under paragraph (4), the licensee shall keep it safely until the
Commission authorizes the licensee to destroy it or otherwise dispose
of it.
5.(1) Subject to the provisions of item 8, any officer authorized by
a distribution licensee may enter any premises to which a supply of
electricity is being given by the distribution licensee through the electric
lines and electrical plant belonging to, or operated by, the distribution
licensee for any of the following purposes, namely-
(a) inspecting any electric line or electrical plant belonging to or
operated by the distribution licensee;
(b) ascertaining the register of any electricity meter and, in the
case of a prepayment meter, removing any money or tokens
belonging to or operated by the distribution licensee;
(c) removing, inspecting or reinstalling any electricity meter or
installing any substitute meter or associated equipment.
Sri Lanka Electricity Act, No. 20 of 2009 77
(2) The powers conferred by subparagraph (1)(a) and (b) shall not
be exercised in respect of a premises if-
(a) the consumer has applied in writing to the distribution licensee
for the licensee to cease to supply electricity to the premises;
and
(b) the licensee has failed to do so within a reasonable time.
6. (1) Where a distribution licensee is authorized by paragraph 4(3)
or 4 (4) of this Schedule-
(a) to discontinue the supply of electricity to any premises; or
(b) to remove the electricity meter in respect of which the
offence under that paragraph was committed,
any officer authorized by the distribution licensee may, subject to item
8, enter the premises for the purpose of disconnecting the supply or
removing the meter or any associated electrical plant used for, or for
purposes connected with, the distribution or supply of electricity.
(2) Where-
(a) a distribution licensee is authorized by any other provision
of this Act or of regulations made under it to cut off or
discontinue the supply of electricity to any premises;
(b) a person occupying any premises supplied with electricity
by a distribution licensee ceases to require such a supply;
(c) a person entering into occupation of any premises previously
supplied with electricity by a distribution licensee does not
require such a supply; or
(d) a person entering into occupation of any premises previously
supplied with electricity through a meter belonging to or
operated by a distribution licensee does not hire or borrow
that meter,
any officer authorized by the distribution licensee may, subject to item
8, enter the premises for the purpose of disconnecting the supply or
removing any electrical plant, electrical line or electricity meter.
7. (1) Any officer authorized by a distribution licensee, a generation
licensee or a transmission licensee, as the case may be, may, subject to
item 8, enter any premises for the purpose of-
(a) placing a new electric line or new electrical plant in place of,
or in addition to , any existing line or plant which has already
been lawfully placed; or
78 Sri Lanka Electricity Act, No. 20 of 2009
(b) repairing or altering any such existing line or plant.
(2) In the case of emergency arising from faults in any electric line
or electrical plant, entry may be made under paragraph (1) without the
notice required to be given by item 8, but the notice shall then be given
as early as possible.
8. (1) An electrical inspector or a licensee (or officer of a licensee)
authorized to enter upon any land or premises under this Act shall not
demand to do so as of right unless-
(a) three days notice of the intended entry has been given by the
electrical inspector or the licensee or officer of the licensee
stating as fully and accurately as possible the nature and
extent of the acts intended to be done;
(b) if required to do so, he or she has produced evidence of his
or her authority;
(c) reasonable compensation is paid to the owner of the land or
premises for any disturbance, disability or damage that may
be caused pursuant to the entry.
(2) Any notice referred to in subparagraph 1(a) shall-
(a) where the land is occupied, be given to the occupier;
(b) where the land is not occupied, be given to the owner if his
or her name and address are known or can with reasonable
diligence be ascertained;
(c) where the land is not occupied and the name and address of
the owner cannot with reasonable diligence be ascertained,
be exhibited in some conspicuous position on the land; and
(d) where the land is used or reserved for any public purpose, be
given to the officer or other person in charge of the execution
of that purpose.
(3) The electrical inspector or the licensee or person authorized by
the licensee in writing in that behalf shall be entitled to enter the land,
for the purpose of giving a notice referred to in subparagraph 1(a).
(4) Where any person exercises any powers conferred by this item
, the licensee by whom he or she was authorized in writing shall make
good any damage done to the land as a result of such entry.
(5) Where in the exercise of any power conferred by or under this
Act any damage is caused to any land or to any moveable property, any
person interested in the land or moveable property may recover
Sri Lanka Electricity Act, No. 20 of 2009 79
compensation in respect of that damage from the licensee on whose
behalf the power is exercised; and where in consequence of the exercise
of such a power a person is disturbed in his or her enjoyment of any
land or moveable property he or she may recover from that licensee
reasonable compensation in respect of that disturbance as determined
by the Commission.
9.(1) If, in an attempt to exercise any of the powers of entry
conferred by this Schedule, the distribution licensee has made all
reasonable efforts, otherwise than by the use of force, to obtain entry to
the premises; and those efforts have been unsuccessful, it may apply, ex
parte, to the Magistrate’s Court having jurisdiction over the place where
the premises are situated for an order authorizing the licensee or an
officer authorized by the licensee to enter the premises by force.
(2) An order granted under paragraph (1) shall specify the action,
which may be taken by the licensee, or an officer authorized by the
licensee to effect the entry by force and may stipulate the conditions to
be observed by the licensee or such officer after such entry.
(3) The licensee or an officer authorized by the licensee shall incur
no liability to any person in respect of the entry by force to the
premises provided that he or she –
(a) takes no action to effect entry other than such action as is
specified in the order;
(b) observes any condition stipulated by the order; and
(c) does as little damage as is reasonably practicable in taking
the specified action and in observing any stipulated condition.
(4) No appeal shall lie from a decision of the Magistrate’s Court-
(a) to grant or not to grant an order under paragraph (1); or
(b) regarding the terms of, or the conditions stipulated in, any
such order.
(5) Any costs incurred by the licensee in obtaining and executing an
order under paragraph (1) shall be recoverable as a civil debt from the
owner or the occupier of the premises to which the order relates.
10. (1) Where in pursuance of any powers of entry conferred by
this Schedule, entry is made on any premises by an officer authorized
by a distribution licensee-
(a) the officer shall ensure that the premises are left no less
secure by reason of the entry; and
80 Sri Lanka Electricity Act, No. 20 of 2009
(b) the distribution licensee shall make good, or pay
compensation for, any damage caused by the officer, or by
any person accompanying him or her in entering the premises,
or in taking any action authorized by this Schedule, or in
making the premises secure.
(2) Any officer exercising powers of entry conferred by this
Schedule may be accompanied by such persons as may be necessary or
expedient for the purpose for which the entry is made or for the
purposes of paragraph (1).
(3) If any person intentionally resists or obstructs any officer
exercising powers of entry conferred by this Schedule, he or she shall
be guilty of an offence under this Act and shall be liable on conviction
after summary trial by a Magistrate to a fine not exceeding ten thousand
rupees.
11. Any electrical plant, electric line or electricity meter owned by
or let for hire or lent to a consumer by a distribution licensee and
marked or impressed with a sufficient mark or brand indicating the
distribution licensee as the owner-
(a) shall be deemed not to be landlord’s fixtures, notwithstanding
that they may be fixed or fastened to any part of the premises
in which they may be situated; and
(b) shall not be subject to distress or be liable to be taken in
execution under process of any court or any proceedings
in bankruptcy against the person in whose possession they
may be.
SCHEDULE III [Section 31]
USE OF ELECTRICITY METERS
1. (1) Where a consumer of electricity supplied by a distribution
licensee is to be charged for the supply wholly or partly by reference to
the quantity of electricity supplied, then, unless otherwise agreed between
the consumer and the distribution licensee, the supply shall be given
through, and the quantity of electricity shall be ascertained by, an
appropriate meter or meters, as the case may be.
(2) The meter shall be provided-
(a) by the distribution licensee; or
(b) if agreed by the parties in the case of a meter used or intended
to be used in connection with an exempt supply, by the
consumer.
Sri Lanka Electricity Act, No. 20 of 2009 81
(3) The meter shall be installed on the consumer’s premises in a
position determined by the distribution licensee, unless in all the
circumstances it is more reasonable to place it outside those premises or
in some other position for the purpose this Act, the supply of energy by
a licensee to a consumer shall be deemed to commence, unless otherwise
agreed between them, at the out going terminals of the meter or metering
equipment used to measure the supply to the consumer.
(4) The distribution licensee may require the replacement of any
meter provided and installed in accordance with paragraphs (2) and (3)
where the replacement –
(a) is necessary to secure compliance with the provisions of this
Schedule or any regulations made under the Act ; or
(b) is otherwise reasonable in all the circumstances,
and any meter so replaced shall be provided and installed in accordance
with those paragraphs.
(5) If the consumer refuses or fails to take his or her supply of
electricity through an appropriate meter provided and installed in
accordance with paragraphs (2) and (3), the supplier may refuse to
give, or may discontinue, the supply.
(6) For the purposes of this paragraph, a meter is an appropriate
meter for use in connection with any particular supply of electricity if
it is of a pattern or construction, which, having regard to the terms on
which the supply is to be charged for is suitable for such use.
(7) Pending the determination under section 36 of any dispute
arising under this item, the Commission may give directions as to the
provision or installation of a meter and directions under this item may
apply either in the case of meters of particular descriptions or in particular
cases.
(8) In this Schedule “exempt supply” means a supply of electricity
to any premises where-
(a) the premises are not premises used wholly or mainly for
domestic purposes; or
(b) the supplier or the consumer is a person authorized by an
exemption to supply electricity to those premises.
2. (1) No meter shall be used for ascertaining the quantity of
electricity supplied by a distribution licensee to a consumer unless the
meter-
(a) is of an approved pattern or constriction and is installed in an
approved manner; and
82 Sri Lanka Electricity Act, No. 20 of 2009
(b) subject to the provisions of paragraph (2), is certified under
item 4,
and in this Schedule “approved” means approved by the Commission
in accordance with regulation made under this Act.
(2) The provisions of subparagraph (1)(b) shall not apply to a
meter used in connection with an exempt supply if the distribution
licensee and the consumer have agreed in writing to dispense with the
requirements of that paragraph.
(3) Regulations may provide-
(a) for determining fees to be paid for approvals given by or
under the regulations;
(b) for revoking an approval so given to any particular pattern
or construction of meter and requiring meters of that pattern
or construction which have been installed to be replaced
with meters of another approved pattern or construction
within a prescribed period;
(c) for revoking an approval so given to any particular manner
of installation in that manner to be installed in another
approved manner within such period as is specified in the
regulation,
and may make different provision for meters of different descriptions
or for meters used or intended to be used for different purposes.
3. (1) Where a distribution licensee supplies electricity through a
meter which is used for ascertaining the quantity of electricity supplied
and-
(a) the meter is not of an approved pattern or construction or is
not installed in an approved manner; or
(b) except in the case of a meter referred to in subparagraph 2
(b) of item 1, is not certified under item 4,
the distribution licensee shall be guilty of an offence under this Act and
shall be liable on conviction after summary trial before a Magistrate,
to a fine not less than five thousand rupees and not exceeding twenty
five thousand rupees.
(2) Where any person is guilty of an offence under this item due to
the act or default of some other person, that other person shall also be
guilty of the offence; and that other person may be charged with and
convicted of the offence by virtue of this paragraph whether or not
proceedings are taken against the first-mentioned person.
Sri Lanka Electricity Act, No. 20 of 2009 83
(3) In any proceedings in respect of an offence under this item it
shall be a defence for the person charged to prove that he or she took
all reasonable steps and exercised all due diligence to avoid committing
the offence.
(4) No proceedings shall be instituted in respect of an offence under
this item except by or on behalf of the Commission.
4. (1) The Commission may appoint any person to examine test and
certify meters.
(2) No meter shall be certified in accordance with paragraph (1)
unless-
(a) the meter is of an approved pattern or construction; and
(b) the meter conforms to such standards (including standards
framed by reference to margins of error) as may be prescribed
by regulation,
and references in this Schedule to “prescribed margins of error” shall
be construed accordingly.
(3) Regulations may be made providing different provisions for
meters of different descriptions or for meters used, or intended to be
used, for different purposes and may include provision-
(a) for the termination of certification in the case of meters
which no longer conform to the prescribed standards;
(b) for determining the fees to be paid for examining, testing
and certifying meters, and the persons by whom they are
payable; and
(c) as to the procedure to be followed in examining, testing and
certifying meters.
5. (1) Where a consumer of electricity supplied by a distribution
licensee is to be charged for his or her supply wholly or partly by
reference to the quantity of electricity supplied, the distribution licensee
may, in the normal course of business, estimate the amount of electricity
consumed by the consumer and recover charges accordingly, so long
as the estimated consumption is confirmed by a meter reading within a
reasonable period of time.
(2) In the event of-
(a) a meter ( by which the quantity of electricity supplied to any
consumer is ascertained) being proved to register consumption
incorrectly;
84 Sri Lanka Electricity Act, No. 20 of 2009
(b) the malfunction of any meter; or
(c) any person altering the register of any meter used for
measuring the quantity of electricity supplied to any premises,
the distribution licensee shall be entitled to estimate consumption and
recover charges accordingly.
(3) Where the consumption of electricity has been estimated by a
distribution licensee in accordance with paragraph (1) or (2), the
consumer shall pay for any electricity consumed in accordance with
the estimate prepared by the distribution licensee or otherwise determined
in accordance with the provisions relating to dispute resolution.
6.(1) This item applies to meters used for ascertaining the quantity
of electricity supplied to any premises.
(2) The register of a meter to which this item applies shall be
admissible in any proceedings in court as evidence of the quantity of
electricity supplied through it.
(3) Where electricity has been supplied for any period through such
a meter which is of an approved pattern or construction and is installed
in an approved manner, the register of the meter shall be presumed to
have been registering during that period-
(a) within the prescribed margins of error; and
(b) in the case of a meter used in connection with an exempt
supply, within any agreed margins of error.
(4) Where a meter to which this item applies is presumed to be
registering for any period-
(a) within the prescribed margin of error; and
(b) in the case of a meter used in connection with an exempt
supply, within any agreed margins of error,
the burden shall be on the consumer to prove that the meter was
incorrectly registering the quantity of electricity supplied through it
during that period.
7. (1) A consumer of electricity supplied by a distribution licensee
,shall at all times, at his or her own expense, keep any meter belonging
to him or her in proper order for correctly registering the quantity of
electricity supplied to him or her; and in default of his or her doing so,
the supplier may discontinue the supply of electricity through that
meter.
Sri Lanka Electricity Act, No. 20 of 2009 85
(2) A distribution licensee shall at all times, at its own expense, keep
any meter let for hire or lent by it to any consumer in proper order for
correctly registering the quantity of electricity supplied and, in the case
of pre-payment meters, for operating properly on receipt of the
necessary payment.
(3) A distribution licensee shall have power to remove, inspect and
re-install any meter by which the quantity of electricity supplied by the
licensee to a consumer is registered, and shall, while any such meter is
removed, fix a substitute meter on the premises; and the cost of removing,
inspecting and re-installing the meter and of fixing a substitute meter
shall be met by the distribution licensee.
(4) The provisions of paragraphs (2) and (3) shall be without
prejudice to any remedy the distribution licensee may have against a
consumer for failure to take proper care of the meter.
8. (1) If any person intentionally or negligently-
(a) alters the register of any meter used for measuring the quantity
of electricity supplied to any premises by a distribution
licensee; or
(b) prevents any such meter from duly registering the quantity
of electricity supplied through that meter,
he or she shall be guilty of an offence under this Act and shall be liable
on conviction after summary trial by a Magistrate to a fine not less than
five thousand rupees and not exceeding twenty five thousand rupees.
(2) Where any person is prosecuted for an offence under paragraph
(1), proof –
(a) that the meter was in his or her custody or under his or her
control; and
(b) of possession by him or her of artificial means for causing an
alteration of the register of the meter or, as the case may be,
for the prevention of the meter from duly registering,
shall be sufficient evidence that the alteration or prevention was
intentionally caused by him or her.
(3) Where a consumer is convicted of an offence under paragraph
(1), the distribution licensee may discontinue the supply of electricity
to the premises of the consumer and remove the meter in respect of
which the offence was committed.
(4) Where a distribution licensee removes a meter under paragraph
(3), the licensee shall keep it in safe custody until the Commission
authorizes the licensee to destroy or otherwise dispose of it.
86 Sri Lanka Electricity Act, No. 20 of 2009
9. (1) A consumer of electricity supplied by a distribution licensee
who takes his or her supply through a pre-payment meter shall be
under a duty to take all reasonable precautions for the safekeeping of
any money or tokens which are inserted into that meter.
(2) Except with the permission of the consumer, a pre-payment
meter shall not be used to recover any sum owing to a distribution
licensee by a consumer otherwise than in respect of the supply of
electricity, the provision of an electric line or electrical plant or the
provision of the meter.
SCHEDULE IV [Section 31]
PRESERVATION
1. A person authorized by a licence, or exempted from the
requirement to obtain a licence, to transmit, generate, distribute or
supply electricity-
(a) shall , in generating , transmitting , distributing or supplying
electricity, have regard to the desirability of preserving natural
beauty, of conserving flora, fauna and geological or
physiographical features of special interest and of protecting
sites, buildings and objects of architectural, historic or
archaeological interest; and
(b) shall do what the person reasonably can to mitigate any
effect which such generation, transmission, distribution or
supply would have on the natural beauty of the countryside
or on any such flora, fauna, features, sites, buildings or
objects.
2. Without prejudice to the provisions of paragraph (1), a person
authorized by a licence, or exempted from the requirement to obtain a
licence, to transmit, generate, distribute or supply electricity and the
Commission shall, in generating, transmitting, distributing or supplying
electricity, or as the case may be, in the discharge of the Commission’s
functions, avoid, so far as reasonably practicable, causing injury to
fisheries or to the stock of fish in any waters.
3. (1) A generation license shall, in circumstances specified by the
Commission, be entitled to construct, subject to conditions prescribed
by the commission in consultation with the relevant water authority,
water ways and pipelines and to use water for its licensed activities and
the relevant water authority shall not unreasonably deny such right.
(2) For the purpose of this item the “relevant water authority means
such authority” as the commission shall prescribe

Sri Lanka Electricity Act, No. 20 of 2009 87
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