CEYLON ELECTRICITY BOARD

(1) There shall be established a Board which shall be called the Ceylon Electricity Board, hereinafter referred to as ” the Board “.

(2) The Board shall, by the name assigned to it by subsection (1), be a body corporate and shall have perpetual succession and a common seal and may sue and be sued in such name.

(1) The Board shall consist of”

(2) A person shall be disqualified for being appointed or continuing as a member of the Board if he is a Member of Parliament.

(3) Before appointing a person to be a member of the Board, the Minister shall satisfy himself that such person has no such financial or other interest as is likely to affect prejudicially the discharge by such person of his functions as a member of the Board, and the Minister shall satisfy himself, from time to time, with respect to every member of the Board appointed by the Minister, that such member has no such interest. Any person who is appointed by the Minister, or whom the Minister proposes to appoint, as a member of the Board shall, whenever requested by the Minister so to do, furnish to the Minister such information as the Minister considers necessary for the performance of his duties under this subsection.

(4) A member of the Board who is in any way directly or indirectly interested in any contract made or proposed to be made by the Board shall disclose the nature of his interest at a meeting of the Board and such disclosure shall be recorded in the minutes of the Board and the member shall not take part in any deliberation or decision of the Board with respect to that contract.

(5) Subject to the provisions of subsections (6) and (7) every member of the Board, other than the member nominated by the Minister in charge of the subject of Finance, shall” (a) hold office for a period of five years, and (b) be eligible for reappointment: Provided that a member appointed by the Minister to fill a vacancy in the office of a member of the Board, other than any such vacancy as shall have occurred by virtue of the operation of subsection (6), shall, subject to the provisions of subsection (7), hold office for the unexpired portion of the term of office of the member whom he succeeds.

(6) The term of office of three of the six members of the Board first appointed by the Minister shall terminate at the expiry of a period of three years from the date of appointment; and, for the purpose of securing compliance with the preceding provisions of this subsection, the Board shall at its first meeting under this Act determine by lot the three members appointed by the Minister whose term of office shall so terminate.

(7) Where in the interests of the efficient performance of the functions or the discharge of the duties of the Board, it is considered necessary to do so,” (a) any member of the Board, appointed under paragraph (a) of subsection (1), may be removed by the Minister, (b) any member appointed under paragraph (b) of subsection (1) may be removed by the Minister in consultation with the Minister in charge of the subject of Local Government, (c) any member appointed under paragraph (c) of subsection (1) may be removed by the Minister in consultation with the Minister in charge of the subject of Industries, and (d) any member nominated by the Minister in charge of the subject of Finance may be removed by the Minister in charge of the subject of Finance.

(8) The removal of any member of the Board from office under subsection (7) shall not be called in question in any court.

(9) A member of the Board who is not a public officer may resign from the Board by letter addressed to the Minister.

(10) Where a member of the Board becomes, by reason of illness or other infirmity or absence from Sri Lanka, temporarily unable to perform the duties of his office, then, if he is a member appointed by the Minister, the Minister may appoint any fit person to act in his place, and, if he is the member nominated by the Minister in charge of the subject of Finance, that Minister may nominate another officer of the General Treasury to act in his place.

(11) All or any of the members of the Board may be paid such remuneration from the funds of the Board and shall be subject to such conditions of service, as may be determined by the Minister with the concurrence of the Minister in charge of the subject of Finance.

(12)

(13) The quorum for any meeting of the Board shall be three members of the Board, and, subject as aforesaid, the Board may regulate its own procedure.

(1) The Board shall, with the approval of the Minister, appoint a competent and experienced person as General Manager of the Board.

(2) The General Manager shall, subject to the general direction of the Board on matters of policy, be charged with the direction of the business of the Board, the organization and execution of the powers, functions and duties of the Board, and the administrative control of the employees of the Board.

(3) The General Manager may, with the approval of the Board, delegate to any other employee of the Board such of his powers, functions or duties as he may, from time to time, consider necessary, and any employee to whom any such powers, functions or duties are so delegated shall exercise them subject to the general or special directions of the General Manager.

(4) The General Manager shall retire from office on reaching the age of sixty years: Provided, however, that his term of office may be extended thereafter by the Board with the prior approval of the Minister.

(5) The General Manager may not be removed from office except for good and sufficient cause and without the prior approval of the Minister.

(1) The Minister shall appoint a Chairman, and may appoint a Vice-Chairman, of the Board from the members of the Board.

(2) If the Chairman or the Vice- Chairman is, by reason of illness or other infirmity or absence from Sri Lanka, temporarily unable to perform the duties of his office, the Minister may appoint one of the members of the Board to act in his place.

(3) The Minister may, without assigning a reason, terminate the appointment of the Chairman, or the Vice- Chairman, of the Board. The termination of the appointment of the Chairman, or the Vice-Chairman, of the Board shall not be called in question in any court.

(4) Where the Chairman, or the Vice- Chairman, of the Board is not a public officer, he may resign the office of such Chairman or Vice-Chairman by letter addressed to the Minister.

(5) Subject to the provisions of subsections (3) and (4), the term of office of the Chairman of the Board shall be the period of his membership of the Board, and the term of office of the Vice-Chairman of the Board shall be the period of his membership of the Board.

(1) The seal of the Board shall be in the custody of the Board. The seal of the Board may be altered in such manner as may be determined by the Board.

(2) The seal of the Board shall not be affixed to any instrument or document except in the presence of two members of the Board both of whom shall sign the instrument in token of their presence.

(1) The Minister may, after consultation with the Board, give to the Board in writing general or special directions as to the performance of the duties and the exercise of the powers of the Board in relation to matters which appear to him to affect the national interest, and the Board shall give effect to such directions.

(2) The Minister may, from time to time, direct the Board in writing to furnish to him in such form as he may require, returns, accounts and other information with respect to the property and business of the Board, and the Board shall carry out every such direction.

(3) The Minister may order all or any of the activities of the Board to be investigated and reported upon by such person or persons as he may specify and upon such order being made, the Board shall afford all such facilities and furnish all such information as may be necessary to carry out such order.

(1) It shall be the duty of the Board, with effect from the date of the transfer to the Board of the Government Electrical Undertakings under section 18, to develop and maintain an efficient, coordinated and economical system of electricity supply for the whole of Sri Lanka.

(2) For the purpose referred to in subsection (1), it shall be the duty of the Board”

(3) Nothing in this section shall be construed as imposing on the Board, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court or tribunal to which the Board will not otherwise be subject.

(a) to purchase electrical energy in bulk;

(b) to carry out investigations and to collect and record data concerning the generation, distribution and utilization of power, and the development of power resources ;

(c) to maintain shops and showrooms for the display, sale, or hire of electrical equipment, and to conduct displays, exhibitions and demonstrations thereof, and generally to do all things incidental to such sale and hire and for the promotion and encouragement of the use of electricity ;

(d) to promote the standardization of the system of supply of all types of electrical fittings and equipments;

(e) to acquire, hold, take or give on lease or hire, mortgage, pledge or sell or otherwise dispose of, any immovable or movable property;

(f) to enter into and perform, either directly or through duly authorized agents, all such contracts as may be necessary for the performance of the duties and the exercise of the powers of the Board ;

(g) to do anything necessary for the purpose of advancing the skill of persons employed by the Board or the efficiency of the equipment of the Board, or for improving the manner in which that equipment is operated;

(h) to conduct research into matters affecting the generation, distribution, transmission, supply and use of electricity;

(i) to provide facilities for training persons required to carry out the work of the Board, including the arrangement by the Board with any body or agency for such facilities ;

(j) to establish provident funds and pension funds, and to provide welfare and recreational facilities, houses, hostels and other like accommodation, for the persons employed by the Board ;

(k) subject to the provisions of section 5 and of Part III of this Act, to make rules in relation to the officers and servants of the Board, including their appointment, promotion, remuneration, disciplinary control, conduct and the grant of leave to them;

(I) to enter into joint schemes with any Government Department or any body approved by the Minister, for the generation of electrical energy, the irrigation of lands, the control of floods or other like purposes;

(m) to make rules in respect of the administration of the affairs of the Board; and

(n) to do all other things which, in the opinion of the Board, are necessary to facilitate the proper carrying on of its business.

(1) As soon as may be convenient after the coming into operation of this Act, the Minister shall, by Order, transfer the Government Electrical Undertakings to the Board, and may, subject to the provisions of subsection (4) of this section and the provisions of section 39, by the same Order or by a subsequent Order* (* Movable and immovable properly etc., vested in the Board with effect from 31st October, 1969 ” vide Gazette Extraordinary No. 14,868/5 of 1969-08-29 and Gazette Extraordinary No. 14,871/9 of 1969-09-14.)provide”

(2) Subject to the provisions of subsection (3) the provisions of any Order made by the Minister under subsection (1) may be amended or varied by him, from time to time, by a subsequent Order.

(3) No Order shall be made by the Minister under subsection (1) or subsection (2)-

(4) Subject to the provisions of subsection (5), every Order made by the Minister under this section shall be brought before the Senate and the House of Representatives or before Parliament, as the case may be, by a motion that such Order be approved. Where such Order is approved, notification of such Order shall be published in the Gazette. Every such Order shall come into force on the date of the publication of such notification of approval or on such later date as may be specified in the Order. Every such Order shall, on its coming into force as hereinbefore provided, be as valid and effectual as if it were herein enacted.

(5) The first Order made under this section after the coming into operation of this Act, shall be published in the Gazette, and shall have effect from the date of such publication or from such later date as may be specified in the Order. (* Proviso to section 16, referring to the repealed Anuradhapura Preservation Board, and section 17 are omitted. Amendments effected to the Electricity Act by section 17, read with the Schedule to this Act, are incorporated in the Electricity Act. f 1st November, 1969″transfer of Government Electrical Undertakings to Electricity Board”vide Gazette Extraordinary No. 14,868/5 of 1969-08-29 and Gazette Extraordinary No. 14,871/9 of 1969-09-14.)

(1) With effect from the date of the transfer to the Board of the Government Electrical Undertakings, no licence shall be granted under the Electricity Act except in consultation with the Board.

(2) The preceding provisions of this section shall have effect notwithstanding anything to the contrary in the Electricity Act.

(1)

(2) All actions and proceedings instituted by or against the local authority relating to, or connected with such electrical undertakings and pending on the vesting date shall be deemed to be actions and proceedings instituted by or against the Board ;

(3) All sums of money payable on the vesting date to the Board by the local authority in respect of electrical energy supplied in bulk by the Board less the sum of money due from the consumers of such local authority up to the vesting date shall be payable by such local authority to the Board.

(1) With effect from the vesting date. the local authority referred to in the vesting Order which carried on an electrical undertaking in its capacity as a licensee under the Electricity Act, shall cease to be a licensee under that Act.

(2) The provisions of subsection (i) shall have effect notwithstanding the provisions of the Electricity Act.

(1) For the purpose of giving effect to a vesting Order, any officer of the Board authorized in writing in that behalf by the Chairman of the Board may, subject to the provisions of subsection (2), take possession of any property vested in the Board by such Order.

(2) The officer referred to in subsection (1) shall, by notice in writing

(3) After any property has been taken possession of by an officer of the Board under subsection (1), such officer shall send a certificate to the local authority to the effect that he has taken possession of such property.

(4) The notice required to be given under subsection (2) shall be deemed to be given if it is sent by registered post to the local authority.

(5) Any person who fails, without reason able cause, to comply with any requirement of a notice given under subsection (2), shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to imprisonment of either description for a period not exceeding one year, or to a fine not exceeding one thousand rupees, or to both such imprisonment and fine.

(1) Every person who prevents or obstructs any officer of the Board from taking possession of any property for and on behalf of the Board under section 23 shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to imprisonment of either description for a period not exceeding one year, or to a fine not exceeding one thousand rupees, or to both such imprisonment and fine.

(2) Where any officer of the Board authorized under section 23 to take possession of any property for and on behalf of the Board, is unable or apprehends that he will be unable to take possession of such property because of any obstruction or resistance that has been or is likely to be offered, he shall on making an application in that behalf to the Magistrates Court having jurisdiction over the place where that property is kept or situated, be entitled to an order of the court directing an officer of court to deliver possession of that property to him for and on behalf of the Board.

(3) Where an order under subsection (2) is issued to an officer of court by a Magistrates Court, he shall forthwith execute that order and shall in writing report to the Court the manner in which that order was executed.

(4) For the purpose of executing an order issued by a Magistrates Court under subsection (2), the officer of court acting under the direction of court may use such force as may be necessary to enter any place where any movable property to which the order relate; is kept and seize such movable property, or to enter any land, building or other structure to which that order relates and to eject any person in occupation thereof, and to deliver possession of such movable property, land, building or other structure to the person who is authorized to take possession thereof for or on behalf of the Board.

(1) It shall be the duty of the Board to advise the Minister as to the exercise of his powers under section 20.

(2) For the purpose of performing its duties under subsection (1), the Board may

(3) It shall be the duty of a local authority or any officer of such local authority to comply with any direction issued to such local authority or such officer, as the case may be, by the Board under subsection (2).

(4) Any officer of a local authority who without reasonable cause fails to comply with any direction issued to him under sub section (2), shall be guilty of an offence and shall, on conviction after summary trial be fore a Magistrate, be liable to imprisonment of either description for a period not exceeding one year, or to a fine not exceeding one thousand rupees, or to both such imprisonment and fine.

(1) Every public officer of the Department, not being any such officer in a transferable service of the Government, shall, before the date on which the Government Electrical Undertakings are transferred to the Board under section 18 (in this Act referred to as the ” transfer date “), give notice in writing to the General Manager of the Department that such officer intends, on that date,”

(2) A notice given to the General Manager of the Department before the transfer date by a public officer of the Department under subsection (1) shall be final.

(1) Any public officer of the Department who does not give the notice required by subsection (1) of section 31A before the transfer date, or gives such notice under paragraph (a) of that subsection, shall continue in office as such officer on and after that date and, for so long as he so continues in office, shall perform work for and on behalf of the Board in his capacity as such officer and be subject to the same conditions of service as he was subject to while doing work for the Department in his capacity as such officer, and accordingly the rules made by the Public Service Commission, and the Administrative Regulations, the Financial Regulations, and the Treasury Circulars of the Government, shall continue to apply to and in relation to such officer.

(2) Where any public officer of the Department continues in office as such officer on and after the transfer date performing work for and on behalf of the Board in his capacity as such officer, the Board shall pay out of the funds of the Board to the Deputy Secretary to the Treasury to be credited to the Consolidated Fund, such sum not exceeding such amount as may be determined by the Minister in charge of the subject of Finance as sufficient to cover the salary, and other expenses including pension or provident fund contributions, payable by the Government in respect of such officer.

(3) In the event of any conflict or inconsistency between the provisions of subsection (1) and any other provisions of this Act, the provisions of that subsection shall to the extent of such conflict or inconsistency prevail over such other provisions.

(1) Any public officer of the Department who gives notice under any of the paragraphs (b) to (e) of subsection (1) of section 31A before the transfer date shall,”

(2) In the event of any conflict or inconsistency between the provisions of subsection (1) and any other provisions of this Act, the provisions of that subsection shall to the extent of such conflict or inconsistency prevail over such other provisions.

(1) Such employee shall be employed by the Board on such terms and conditions as may be agreed upon by such employee and the Board:

Provided, however, that such terms and conditions shall be not less favourable than the terms and conditions on which such employee was previously employed in the Department.

(2) If on the transfer date, such employee was a public officer of the Department holding a post declared to be pensionable and who had less than ten and not less than eight years’ pensionable service, then,”

(3) Notwithstanding”

where a public officer of the Department becomes an employee of the Board by virtue of the operation of the provisions of section 31c ”

(1) Any person who on and after the transfer date continues in office as a public officer of the Department performing work for and on behalf of the Board in his capacity as such officer may at any time be permanently appointed to the staff of the Board.

(2) Where any public officer is permanently appointed to the staff of the Board under subsection (1), the provisions of subsection (3) of section 9 of the Motor Transport Act, No. 48 of 1957, shall, mutatis mutandis, apply to and in relation to him.

(a) not offered employment in the Board or in any local authority.

(b) who are offered and do not accept such employment

(1) At the request of the Board, any public officer, other than an officer referred to in section 31 A, may, with the consent of that officer and of the Secretary to the Treasury, be temporarily appointed to the staff of the Board for such period as may be determined by the Board with like consent, or be permanently appointed to such staff.

(2) Where any public officer is temporarily appointed to the staff of the Board under subsection (1), the provisions of subsection (2) of section 9 of the Motor Transport Act, No. 48 of !957,f shall, mutatis mutandis, apply to and in relation to him,

(3) Where any public officer is permanently appointed to the staff of the Board under subsection (1), the provisions of subsection (3) of section 9 of the Motor Transport Act, No. 48 of 1957,f shall, mutatis mutandis, apply to and in relation to him.(f Repealed by Law No. 19 of 1978.)

(4) At the request of the Board, any officer or servant of any local authority (whether he be a member of the Local Government Service or not), other than an officer or servant referred to in section 33 may, with the consent of such officer or servant and the local authority or the Local Government Service Advisory Board, as the case may be, be temporarily appointed to the staff of the Board for such period as may be determined by the Board with like consent, or be permanently appointed to such staff, on such terms and conditions including those relating to pension or provident fund rights as may be agreed upon by the Board and that Advisory Board or authority.

(5) Where an officer or servant of any local authority, whether he be a member of the Local Government Service or not, is temporarily appointed to the staff of the Board under subsection (4), he shall be subject to the same disciplinary control as any other member of the staff of the Board.

(a) holds a post declared to be a pensionable post under section 2 of the Minutes on Pensions; and

(b) who does not belong to a transferable service of the Government;

(a) the balance lying to the credit of the Reserve, Renewals and Extensions Fund and the balance lying to the credit of the Net Revenue Account of the Government Electrical Undertakings shall, with effect from the date of the transfer to the Board of such Undertakings, be transferred to the Board, and the Board shall place such balances in an appropriate reserve fund or funds established by the Board with the General Treasury;

(b) all sums due to the Government from the Department in respect of moneys advanced by the Government (other than moneys advanced from loans obtained by the Government from the International Bank for Reconstruction and Development upon any agreement referred to in paragraph (c) of this section or upon any other agreement) to the Department for expenditure on capital works shall, with effect from the date of the transfer to the Board of the Government Electrical Undertakings, be deemed to be an investment of equity capital in the Board by the Government, and the Board shall pay to the Government a dividend on such equity capital at such rate not exceeding eight per centum per annum as the Minister in charge of the subject of Finance may in consultation with the Minister determine;

(c) the payments by way of interest and repayment of capital that have to be made by the Government to the International Bank for Reconstruction and Development upon agreement No. 101 CE dated July 9, 1954, agreement No. 209 CE dated September 17, 1958, and agreement No. 283 CE dated June 6, 1961, entered into between the Government and that Bank shall, with effect from the date of the transfer to the Board of the Government Electrical Undertakings, be made by the Board to the Government as such payments fait due; and

(d) the payment of all sums by way of interest and repayment of capital that have to be made by the Government to the International Co-operation Administration and to the Export Credit Insurance Corporation of Canada shall, with effect from the date of the transfer to the Board of the Government Electrical Undertakings, be made by the Board to the Government as such payments fall due.

(1) The Board may, with the consent of the Minister, or in accordance with the terms of any general authority given by him, borrow temporarily, by way of overdraft or otherwise, such sums as the Board may require for meeting its obligations or discharging its duties under this Act: Provided that the aggregate of the amounts outstanding in respect of any temporary loans raised by the Board under this subsection shall not at any time exceed such sum as may be determined by the Minister in consultation with the Minister in charge of the subject of Finance.

(2) The Board may, with the consent of the Minister given with the concurrence of the Minister in charge of the subject of Finance, borrow money, otherwise than by way of a temporary loan under subsection (1), for all or any of the following purposes:”

(3) The Board may, with the consent of the Minister given with the concurrence of the Minister in charge of the subject of Finance, borrow money for any of the purposes mentioned in subsection (2) by way of loans from the Government, by the issue of Ceylon Electricity Stock under section 43, or in any other manner whatsoever.

(1) The Government is hereby authorized to guarantee, on such terms and conditions as the Government may determine, loans raised by the Board from the International Bank for Reconstruction and Development, or from any other international or foreign organization approved by the Government. The loans authorized to be guaranteed under this subsection may be denominated in foreign currency.

(2) All sums payable by the Government under any guarantee given under subsection (1) are hereby charged on the Consolidated Fund.

(3) All sums payable by the Board in respect of principal, interest and other charges on any loan to the Board from the International Bank for Reconstruction and Development or from any other international or foreign organization approved by the Government, or by the Government under any guarantee given under subsection (1) shall, notwithstanding anything to the contrary in any law of Sri Lanka, be paid”

(4) For the purposes of subsection (3), the question whether an individual or a corporation is or is not resident in Sri Lanka shall be determined in accordance with the provisions of section 54 of the Inland Revenue Act, No. 4 of 1963, or section 67 of the Inland Revenue Act (No. 28 of 1979).

(5) Every guarantee agreement between the Government and the International Bank for Reconstruction and Development or any other international or foreign organization approved by the Government pursuant to this Act and every guarantee given by the Government pursuant to any such guarantee agreement shall, notwithstanding anything to the contrary in any law of Sri Lanka, be valid and enforceable in accordance with their respective terms.

(6) In the case of any loan made to the Board by the International Bank for Reconstruction and Development or any other international or foreign organization approved by the Government and guaranteed by the Government, the Government shall bear any loss, and be entitled to any profit, resulting from any revaluation of the Sri Lanka rupee in relation to the currency or currencies in which that loan is expressed. The amount of every such loss is hereby charged on the Consolidated Fund.

(7) The President, or any person authorized in that behalf by the President by instrument under his hand, is hereby empowered, on behalf of the Government, to sign any guarantee agreement between the Government and the International Bank for Reconstruction and Development or any other international or foreign organization approved by the Government.

(8) Notwithstanding anything in any other written law, no agreement, bond or other document executed by the Board in respect of any loan which may be raised by the Board from the International Bank for Reconstruction and Development, or from any other international or foreign organization approved by the Government, shall be subject to, or be charged with, any stamp duty or duties whatsoever.

(9) As soon as possible after the end of each financial year, the Minister in charge of the subject of Finance shall cause to be laid before Parliament a report containing a statement of every loan, bond and guarantee entered into under this section, during the course of that financial year.

(1) The Board may create and issue any stock required for the purpose of exercising the powers of the Board under subsection (3) of section 41, and the stock so created and issued is hereinafter in this Act referred to as ” Ceylon Electricity Stock “.

(2) Ceylon Electricity Stock shall be issued, transferred, dealt with, redeemed and cancelled in accordance with such terms as may be determined by the Board with the approval of the Minister given with the concurrence of the Minister in charge of the subject of Finance.

(1) The Minister in charge of the subject of Finance may, with the concurrence of the Minister, guarantee the repayment of, and the payment of the interest on, any Ceylon Electricity Stock created and issued under section 43.

(2) Any sum required for the fulfilment of a guarantee provided under subsection (1) may, with the prior approval of Parliament, be paid out of the Consolidated Fund.

(3) Any sum paid out of the Consolidated Fund in fulfilment of a guarantee provided under subsection (1) shall be repaid, together with interest thereon at such rate as the Minister in charge of the subject of Finance may with the concurrence of the Minister determine, by the Board in such manner and over such period as the Minister in charge of the subject of Finance may with such concurrence determine.

(1) Immediately after a guarantee is provided under section 44, the Minister in charge of the subject of Finance shall lay or cause to be laid a statement of the guarantee before Parliament.

(2) Where any sum is paid under section 44, out of the Consolidated Fund in fulfilment of any guarantee provided under that section, the Minister in charge of the subject of Finance shall forthwith lay or cause to be laid before Parliament a statement that such sum has been paid.

(1) The Board may establish and maintain with the General Treasury”

(2) The Board shall establish and maintain with the General Treasury”

(3) The sums to be carried, from time to time, to the credit of each of the reserves and funds specified in subsections (1) and (2), shall be such sums as may be determined by the Board.

(4) The moneys comprised in the reserves and funds referred to in subsections (1) and (2) may be applied in such manner as the Board may determine.

(1) The revenue of the Board in any year shall be applied in defraying the following charges:”

(2) The surplus of the revenue of the Board in any year which remains after the charges mentioned in subsection (1) have been defrayed, shall be allocated to any one or more of the reserves and funds established under section 47.

(1) The Board shall cause proper accounts of its income and expenditure and of all its other transactions to be kept in a form which shall conform to the best commercial standards, and shall prepare an annual statement of accounts and statistics relating to its business in such form and containing such particulars as the Minister, with the concurrence of the Minister in charge of the subject of Finance, may from time to time specify. The financial year of the Board shall commence on such date as may be determined by the Board.*(* The Financial Year has since been fixed as commencing on the 1st day of January of each year ” See Sections 23 and 24 of the Finance Act, No. 38 of 1971.)

(2) The accounts of the Board for each financial year shall be audited by the Auditor-General. For the purpose of assisting him in the audit of such accounts, the Auditor-General may employ the services of any qualified auditor or auditors who shall act under his direction and control.

(3) For the purpose of meeting the expenses incurred by him in the audit of the accounts of the Board, the Auditor-General shall be paid by the Board such remuneration as the Minister may, with the concurrence of the Minister in charge of the subject of Finance, determine. Any remuneration received from the Board by the Auditor-General shall, after deducting any sums paid by him to any qualified auditor employed by him for the purposes of such audit, be credited to the Consolidated Fund.

(4) The Auditor-General shall examine the accounts of the Board and furnish a report”

(5) The Auditor-General shall transmit his report to the Board.

(6) For the purposes of this section, the expression ” qualified auditor ” means”

(1) The Board shall, as soon as possible, after the end of each financial year of the Board, make to the Minister a report on the exercise and performance by the Board of its powers and duties during that year and on its policy and programme. Such report for any year shall set out any direction given by the Minister to the Board during that year unless the Minister has notified to the Board his opinion that it is against the interest of national security to do so. The Minister shall lay a copy of such report before Parliament.

(2) The Board shall, on receipt of the Auditor-General’s report in each year, transmit to the Minister” (a) a copy of such report; and (b) a copy of the statement of accounts and statistics prepared under subsection (1) of section 49.

(3) The Minister shall lay copies of the report and statement referred to in subsection (2) before Parliament.

(4) The Board shall cause copies of the report of the Board ” and of the Auditor- General’s report and the statement of accounts and statistics referred to in subsection (2) to be printed at the expense of the Board and to be made available for purchase by the public at such price as shall be determined by the Board.

(1) Subject to the provisions of this Act, the prices to be charged by the Board for the supply of electrical energy by the Board shall be in accordance with such tariffs as may be fixed, from time to time, by the Board with the approval of the Government: Provided, however, that”

(2) Before any tariffs are fixed by the Board under subsection (1), the Board shall, by notification published in the Gazette, give publicity to such tariffs and a period of one month shall be fixed by the Board to enable any person or body or local authority to make representations relating to such tariffs.

(3) The tariffs fixed by the Board under subsection (1)”

(1) In this section, the expression ” electricity supply charge ” means the sum payable to the Board for electrical energy supplied by the Board.

(2)

(3) Where a local authority receives a bill from the Board for the payment of the electricity supply charge of such authority in respect of any month, such authority may, within a period of twenty-one days from the date of receipt by that authority of such bill, dispute a part or the whole of the amount of such charge by a written communication to that effect to the Board. Such communication shall specify the portion of such amount so disputed and the reasons therefor.

(4) No local authority shall be entitled to dispute the amount of the electricity supply charge of such authority in respect of any month except under and in accordance with subsection (3).

(5) Where a part or the whole of the amount of the electricity supply charge of any local authority in respect of any month is disputed by such authority, such disputed part of the amount ”

(6) A final determination as to the disputed part of the amount of the electricity supply charge of any local authority, whether by agreement or on arbitration, shall be binding on the Board and such authority.

(7) Where the electricity supply charge of a local authority in respect of any month is not paid by such authority to the Board within the period it is so required to be paid under subsection (2), the Chairman of the Board shall certify in writing the amount which is due from such authority on account of such charge that has not been so paid.

(8) Upon the production of a certificate issued by the Chairman of the Board under subsection (7) before any District Court or Primary Court within whose jurisdiction the whole or any part of the area of administration of the local authority in respect of which such certificate is issued is situated, according as the sum specified in such certificate exceeds or does not exceed one thousand five hundred rupees, the court shall direct a writ of execution to issue to the Fiscal authorizing him and requiring him to seize and sell all or any of the property movable or immovable of such authority or such part thereof as may be necessary for the recovery of that sum, and the provisions of sections 226 to 297 of the Civil Procedure Code* shall, mutatis mutandis, apply to the execution of such writ and to such seizure and sale.(* Vide section 78 of the Primary Courts Procedure Act.)

(9) Where the Chairman of the Board issues the certificate referred to in subsection (7), he shall in writing notify the local authority specified in the certificate that the sum so specified is payable, but the non-receipt of such notice by such local authority shall not invalidate the proceedings under this section.

(10) Nothing in the provisions of subsections (8) and (9) of this section shall affect or be deemed or construed to affect the right of the Board to recover in any other manner any sum payable to the Board by a local authority on account of the electricity supply charge of that authority.

(11) Any sum due to the Board from a local authority in respect of the electricity supply charge of that authority shall, notwithstanding anything to the contrary in any other written law, be the first charge on the moneys in the fund of that authority.

(1) The Minister may make regulations for the purpose of carrying out or giving effect to the principles and provisions of this Act.

(2) In particular and without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations in respect of all or any one of the following matters:”

(3) Every regulation made by the Minister shall be published in the Gazette and shall come into operation on the date of such publication or on such later date as may be specified in the regulation.

(4) Every regulation made by the Minister shall, as soon as convenient after its publication in the Gazette, be brought before Parliament for approval. Any regulation which is not so approved shall be deemed to be rescinded as from the date of disapproval, but without prejudice to anything previously done thereunder.

(5) Any person who contravenes the provisions of any regulation made under this Act shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to imprisonment of either description for a period not exceeding one year or to a fine not exceeding one thousand rupees, or to both such imprisonment and fine.

(1) Where any immovable property is required to be acquired for any purpose of the Board and the Minister, by Order published in the Gazette, approves of the proposed acquisition, that property shall be deemed to be required for a public purpose and may accordingly be acquired under the Land Acquisition Act and be transferred to the Board.

(2) Any sum payable for the acquisition of any immovable property under the Land Acquisition Act for the Board, shall be paid by the Board.

(1) No suit or prosecution shall lie- against the Board for any act which in good faith is done or is purported to be done by the Board under this Act; or (b) against any member, officer, servant or agent of the Board for any act which in good faith is done or is purported to be done by him under this Act or on the direction of the Board.

(2) Any expense incurred by the Board in any suit or prosecution brought by or against the Board before any court shall be paid out of the funds of the Board, and any costs paid to, or recovered by, the Board in any such suit or prosecution shall be credited to the funds of the Board.

(3) Any expense incurred by any such person as is referred to in paragraph (b) of subsection (1) in any suit or prosecution brought against him before any court in respect of any act which is done or is purported to be done by him under this Act or on the direction of the Board shall, if the court holds that such act was done in good faith, be paid out of the funds of the Board, unless such expense is recovered by him in such suit or prosecution.

(1) Where any matter or dispute is required to be referred to arbitration by the Minister under this Act or is referred to arbitration through the Minister under this Act, such matter or dispute shall be so referred by the Minister, as soon as practicable, to a Board of Arbitration consisting of one arbitrator appointed by the Board, another arbitrator appointed by the other party to the matter or dispute, and an umpire (who shall be appointed by the Minister to be the Chairman of the Board of Arbitration) agreed upon by the two arbitrators or, in the event of an absence of such agreement within two months, nominated by the Minister.

(2) In the event of any difference of opinion among the members of the Board of Arbitration, the decision or determination of the majority shall be the decision of that Board.

(3) Regulations may be made”

(4) The decision or determination given upon arbitration under this section in respect of any matter or dispute shall be final and conclusive.

(1) Any person who, unlawfully and maliciously, does any act which causes or is likely to cause a failure of electrical energy supplied by the Board, shall be guilty of an offence.

(2) Any person who aids or abets any other person in the commission of an offence under subsection (1), shall be guilty of an offence.

(3) Every person who is guilty of an offence under subsection (1), or subsection (2), shall upon conviction be liable to rigorous imprisonment for a term not exceeding seven years.

(4) Every offence under subsection (1) or subsection (2) shall, notwithstanding anything in the Code of Criminal Procedure Act, be a cognizable offence within the meaning and for the purposes of that Act.

(1) Wherever, in any provision of any other written law or in any notice, permit, communication, form or other document issued, made, required or authorized by or under any other written law”

(2) The provisions of subsection (1) shall take effect on the date on which the Government Electrical Undertakings are transferred to the Board under section 18.