ELECTRICITY

(1) Save as hereinafter expressly provided, no person, unless he is authorized in that behalf by a licence granted by the Minister, shall

Provided that the requirements of the preceding provisions of this section as to a licence shall not apply to the establishment or maintenance of any such installation or the supply of electrical energy

(2) For the purposes of this section any place of which any person is the lessee shall be deemed to be the property of that person.

(1) Every application for a licence shall be made in the prescribed form and in the prescribed manner.

(2) Subject to the provisions of section 61, any application for a licence may be refused by the Minister if he is satisfied that the grant of the licence will not be in the public interest.

(3) A payment at the prescribed rate shall be made at the prescribed time and in the prescribed manner in respect of each licence.

(4) Each licence shall be subject to such provisions and special conditions as may, subject to the provisions of section 61, be set out therein and declared to be applicable thereto, and be subject, in addition, to the provisions of this Act and of any regulations made thereunder relating to licences or prescribing the general conditions applicable to all licences.

(5) Each licence shall be in force for such period, not exceeding twenty-one years, as may be specified therein whether in the first instance or by way of subsequent amendment made therein upon any extension of the period. The period so specified is hereinafter referred to as ” the period of the licence “.

(6) No licence shall be assigned 01 transferred except with the prior consent of the Minister, such consent being evidenced upon the licence by writing under the hand of the Minister.

(a) the authorized area of supply, and the system according to which the supply is to be given;

(b) the works necessary for generating energy, whether by fuel or head of water, and for effecting the transmission, transformation, distribution and supply of energy, together with all works and extensions ancillary thereto;

(c) the sequence in which the works are to be executed, and the period within which each portion of the works is to be completed ;

(d) the conditions on which the period for which the licence is in force may be extended ;

(e) the method of charging for the supply of energy to consumers, the maximum rates chargeable, and the variation of rates and charges ;

(f) in the case of a licence granted to any person or body of persons other than a local authority, the terms and conditions on which the undertaking may be purchased by the Government or by a local authority at the expiration of the licence or at specified intervals during the period of the licence.

(a) to use natural water supplies;

(b) to construct waterways and pipe lines;

(c) to erect buildings and plant;

(d) to break and open up streets; or

(e) to erect or lay aerial lines or underground cables,

(1) If at any time during the period of a licence, the licensee makes default in complying with any of the provisions of the licence, the Minister may give the licensee notice in writing specifying the matter or matters in respect of which the default has occurred and requiring the licensee to take such steps as may be specified in the notice within three months from the date thereof; and if the licensee fails for any cause not beyond his control to take such steps within the aforesaid period, the Minister may forthwith revoke the licence.

(2) If at any time during the period of a licence, the licensee is adjudged bankrupt or insolvent, or, being a company, goes into liquidation (other than a voluntary liquidation for the purpose of any bona fide reconstruction) the Minister may forthwith revoke the licence.

(3) Where a licence is revoked under this section, the Minister may make such orders as he may in his discretion deem necessary for the administration and operation of the undertaking to which the licence relates and for the maintenance of the supply of energy therefrom.

(a) unless an inquiry in accordance with the prescribed procedure has first been held by the prescribed officer or authority and the licensee has been given an opportunity of being heard at that inquiry, and

(b) otherwise than in accordance with the provisions of section 61.

(1) Where upon a request made by any person or persons any licensee desires to supply electrical energy to any place outside the authorized area of supply under his licence, the Minister, if he considers it expedient that the provision of a supply of energy to that place should be authorized otherwise than by the extension of that authorized area of supply, may by order in writing authorize the licensee, subject to such conditions and restrictions as may be set out in the order, to supply energy to such person or persons and to lay the electric lines and construct the works necessary for that purpose.

An order under the preceding provisions of this section shall not be made so as to authorize the supply of energy by any licensee to any place within the authorized area of supply of any other licensee, unless the consent of the other licensee has been obtained or has, in the opinion of the Minister, been unreasonably withheld.

(2) A licensee who is authorized by an order under subsection (1) to supply energy outside his authorized area of supply shall not be deemed to have the power outside that area to open or break up any street, railway or tramway, or any sewer, drain or tunnel in or under any street, railway or tramway, without the written consent of the local authority or person by whom such street, railway, tramway, sewer, drain or tunnel is maintained, unless the Minister, after such inquiry as he thinks fit, considers that such consent has been unreasonably withheld and himself grants consent in writing to the execution of the work.

(3) Save as otherwise provided by subsection (2), the provisions of this Act shall apply in the case of any supply authorized under subsection (1) as they apply in the case of a supply made within the authorized area under any licence.

(4) No licensee shall supply electrical energy to any person outside the authorized area of supply under his licence, unless the supply to that person has been authorized by an order under this section.

(a) where such place is within the administrative limits of any local authority who is a licensee, by the chief executive officer of that local authority, or

(b) where such place is not within the administrative limits of any such local authority, by the Government Agent of the administrative District within which such a place is situated.

(1) A licensee shall carry out all, works necessary for or connected with the generation transmission, transformation, distribution and supply of energy within such period or periods as may be specified in the licence in respect of each such work.

(2) In carrying out and completing the works referred to in subsection (1), a licensee shall

(1) A licensee shall, before Specifications commencing any of the works enumerated and plans for in column 1 hereunder, submit for the approval of the Chief Electrical Inspector copies of the respective specifications, plans and drawings of the description set out in the corresponding item in column 2, and on a scale not less than the scale specified in the corresponding item in column 3, hereunder:

(2) Notwithstanding anything in subsection (1), plans and drawings on a scale smaller than the scale specified in that subsection may be approved by the Chief Electrical Inspector in the special circumstances of any case,

(3) A licensee shall not execute any of the works enumerated in column 1 of subsection (1) except in accordance with specifications, plans and drawings approved by the Chief Electrical Inspector.

(4) Where any communication from the Chief Electrical Inspector disapproving the specifications, plans and drawings submitted by a licensee under subsection (1) is not received before the expiry of three months after the date of such submission, the specifications, plans and drawings shall be deemed to have been approved and the licensee shall be at liberty to execute the works.

The foregoing provisions of this subsection shall also apply to any amended specifications, plans and drawings which the licensee may submit to the Chief Electrical Inspector to meet any disapproval or objections raised by him.

(1) In carrying out of the works referred to in section 12, a licensee or a person authorized by him in that behalf in writing shall, subject to provisions of subsection (2) be entitled, to enter upon any land notwithstanding that it is private property and shall have power-

subject, however, to the condition that he shall pay compensation to the owner of the land for any disturbance, disability or damage that may be caused by the exercise of any of the aforesaid powers.

(2) Before a licensee or a person authorized by him in that behalf in writing enters on any land for the purpose specified in subsection (1), the licensee shall give thirty days’ notice stating as fully and accurately as possible the nature and extent of the acts intended to be done. Such notice shall be substantially in the prescribed form.

(3) The notice referred to in subsection (2) shall-

(4) Any person to whom notice is given, or who is affected by a notice given or exhibited, by a licensee under subsection (3) may, within fourteen days after the date on which the notice is received by that person or is exhibited for the first time under that subsection, lodge with the Government Agent a written objection to any of the intended acts of the licensee. The Government Agent shall in writing notify such objection and the date fixed by him for the hearing thereof to the licensee, and shall in like manner notify such date to the objector.

(5) If no objection is lodged within the time-limit fixed for that purpose by subsection (4), the licensee or a person authorized by him in that behalf in writing may forthwith enter upon the land and do all or any of the acts specified in the notice under subsection (2).

(6) If an objection is lodged and is not withdrawn before the date fixed for the hearing thereof, the Government Agent shall hold an inquiry giving all parties concerned an opportunity to be heard, or direct an officer to hold such inquiry on his behalf and to make recommendations to him.

(7) Upon the conclusion of the inquiry held by him or upon receipt of the recommendations made by the officer directed to hold the inquiry, the Government Agent may, either unconditionally or subject to such terms, conditions and stipulations as he thinks fit, authorize or prohibit any of the acts mentioned in the notice given under subsection (2).

(8) The Government Agent may, if he thinks fit, in lieu of making an order under subsection (7), direct the licensee to take steps for the acquisition of any land affected by the notice given under subsection (2).

(9) The decision of the Government Agent under this section in regard to any of the acts specified in the notice under subsection (2) shall be final.

(1) The Government Agent, after such inquiry as he may deem sufficient, shall determine the question whether any compensation is payable by a licensee under section 15 or section 16 and shall, where any compensation is so payable, assess the amount of the compensation :

Provided that where compensation has been paid under any of those sections, no further compensation shall be payable for the felling or lopping of any tree or the removal of vegetation which has grown or been allowed to grow after that payment in such a manner as to obstruct or interfere with the electric line or apparatus.

(2) Where any person claims compensation from a licensee under section 15 or section 16 and the Government Agent decides that no compensation is payable by the licensee, the Government Agent shall communicate his decision in writing to that person.

(3) A licensee who is liable to pay to the owner of a land an amount assessed by the Government Agent as the compensation payable under section 15 or section 16 shall tender that amount to that owner. Where that owner is unknown or where the ownership of that land is subject to dispute, the licensee shall

(4) An owner of a land who is aggrieved by the decision of the Government Agent that no compensation under section 15 or section 16 is payable to him or who is dissatisfied with the amount assessed by the Government Agent as such compensation, may for the recovery of the compensation claimed by him or of the difference between the amount of the compensation claimed by him and the amount of the compensation tendered to him, institute in a court of competent jurisdiction an action against the licensee from whom the compensation is claimed.

(5) An action by any person under subsection (4) shall be instituted within two months after the date on which

(1) Where a licensee has laid a line or erected posts or apparatus on any land under section 15, and the owner or other person entitled to the possession of the land desires to use the land in such a manner as to render it necessary or convenient that the line, posts or apparatus should be removed to another part thereof, or to a higher or lower level or altered in form, he may make an application to the licensee for the removal or alteration of the line, posts or apparatus accordingly.

(2) If a licensee omits to comply with an application made by any person under subsection (1), such person may submit the application to the Chief Electrical Inspector who may in his discretion reject the application or hold an inquiry or direct an inquiry to be held on his behalf, (all parties being given an opportunity to be heard at such inquiry) and may make an order absolutely or subject to conditions for the removal or alteration of the line, posts or apparatus.

(3)

(4) A licensee shall comply with every order made by the Chief Electrical Inspector for a removal or alteration under this section:

Provided that where the Chief Electrical Inspector makes an order for the removal or alteration of any main transmission line, or any posts or apparatus connected therewith, a licensee may, instead of removing or altering such main transmission line, posts or apparatus, apply to the Minister to acquire or direct the acquisition of so much of the land as is required for maintaining such line, posts or apparatus in the original position.

For the purpose of this subsection, any transmission line the intended pressure of which is not less than eleven thousand volts shall be deemed to be a main transmission line.

(a) in the case of any new work, be given not less than fourteen days before the beginning of such work ;

(b) in the case of house connexions, be given not less than two days before the beginning of the necessary work; and

(c) in cases of emergency arising from defects in any of the distributing mains, or service lines, be given so soon as is possible after the necessity for the work arises or the work is begun.

(1) Where a licensee, in the exercise of any powers conferred by or under this Act, breaks up or opens the soil or pavement of any street, or any sewer, drain or tunnel, he shall

(2) Where a licensee who is not a local authority makes default in complying with any of the provisions of subsection (1), the road authority having the control or management of the street, sewer, drain or tunnel in respect of which the default has occurred, may cause to be executed the work which the defaulter has delayed or omitted to execute, and may recover from him the expenses incurred in such execution.

(1) The provisions of this section shall apply in every case where

The licensee, or the authority or authorized person, as the case may be, who proposes or carries out any digging or sinking operation as aforesaid is hereinafter in this section referred to as ” the operating owner”; and in relation to such operating owner, the authority or authorized person or the licensee, as the case may be, whose works or properties will be or are affected by such operation is hereinafter in this section referred to as ” the affected owner “.

(2) In every case referred to in subsection (1), the operating owner shall, except in a case of emergency or unless otherwise provided in any agreement in force and applicable to the case, give to the affected owner not less than fourteen days’ notice in writing before commencing the operation of digging or sinking the trench. The affected owner shall have the right to be present during the execution of the operation, and the operation shall be executed to his reasonable satisfaction.

(3) Where the operating owner finds it necessary to undermine, but not to alter the position of any pipe, electric line or work or property of the affected owner, he shall support it in position during the execution of the operation, and before completion shall provide a suitable and proper foundation for it at all points where it was so undermined.

(4) Where the operating owner is a licensee

(5) Where the operating owner makes default in complying with any of the provisions of this section, he shall be liable to pay full compensation to the affected owner for any loss or damage caused by or resulting from such default.

(6) Every difference or dispute arising under this section shall be determined by arbitration.

(1) No alteration in any telegraph line shall be made by a licensee except with the consent of the Director of Telecommunications (hereinafter referred to as ” the Director “).

(2)

(3) If any telegraph line is injuriously affected by the laying or construction of the electric lines or other works of a licensee, the licensee shall pay the cost of all such alterations as may be necessary to remedy such injurious condition.

(4) If any telegraph line is injuriously affected, the Director may, for the purpose of ascertaining whether such condition is due to a licensee’s electric lines or works, authorize in writing any qualified person to enter any station for the generation or transformation of electrical energy belonging to the licensee at any reasonable time when energy is being generated, and to inspect the licensee’s plant and the working thereof; and the licensee shall, in the presence of such person, carry out any electrical tests required by the Director and shall produce for inspection the records kept by him for the purposes of this Act:

Provided that no test shall be so required to be made which is likely to cause undue interference with the proper supply of energy by the licensee.

(5) For the purposes of this Act a telegraph line shall be deemed to be injuriously affected where telegraphic or telephonic communication by means of that line is, whether through induction or otherwise, in any manner affected.

(1) A licensee may alter the position of any pipe (not forming, in a case where the licensee is not a local authority, part of a local authority’s main sewer) or of any wire under or over any place which he is authorized to open or break up, if such pipe or wire is likely to interfere with the exercise of his powers under this Act; and any person may, with the previous approval of the licensee, alter the position of any electric lines or works of the licensee under or over any such place as aforesaid, if such electric lines or works are likely to interfere with the lawful exercise of any powers vested in that person.

(2) In every case referred to in subsection (1), the following provisions shall, in the absence of an agreement to the contrary between the parties concerned, apply :

(3) Where the operator makes default in complying with any of the foregoing provisions of this section, he shall be liable to pay full compensation to the owner for any loss or damage caused by or resulting from the default, and any difference or dispute arising as to the amount of such compensation shall be determined by arbitration.

(1) Where, in the case of any difference between a licensee and a local authority or other person concerning any plan, works, or alteration to existing works provided for in sections 20, 21, 22 and 25, either party desires such difference to be determined by arbitration, the matter shall be referred to the Secretary to the Ministry, and the Secretary to the Ministry may either hold an inquiry at which all parties are given an opportunity to be heard, or may direct two public officers to hold such an inquiry on his behalf and to make recommendations to him.

(2) The decision of the Permanent Secretary to the Ministry on any matter referred to him under this section shall be final.

(1) In any case of emergency caused by a defect in an electric line, a licensee may place an aerial line along or across any street, subject to the condition, where the licensee is not a local authority, that he gives, where possible, written notice of his intention to place such aerial line to the road authority responsible for the maintenance of the street.

(2) An aerial line placed in accordance with the provisions of subsection (1) shall

(1) If at any time it is established to the satisfaction of the Chief Electrical Inspector

the Chief Electrical Inspector may, by written order specifying the defect or the nature of the contravention, require the owner or user of such electric lines or works to take, within such time as may be specified in the order, such remedial measures as may be so specified, and, where he considers it necessary in the interests of the public safety, prohibit the use of such electric lines or works until the order is complied with to his satisfaction.

(2) Where an order issued to any person under subsection (1) is not complied with within the time specified therein, the Chief Electrical Inspector may carry out the measures specified in the order, and the amount of the expenses incurred by the Chief Electrical Inspector in carrying out those measures shall be paid by such person within one month after a demand made therefor by or on behalf of the Chief Electrical Inspector. If such amount is not so paid, it may, on application made by the Chief Electrical Inspector to the Magistrate’s Court, be recovered for him by that court in like manner as if it were a fine imposed by that court on such person.

(a) the provisions of this Act and of the regulations made thereunder;

(b) such general conditions as may be prescribed under the Act and declared to be applicable to all licences of the class or description to which that licence belongs; and

(c) such special conditions as may be set out in that licence and declared to be applicable to that licence.

(1) A licensee shall, forthwith after commencing to supply energy

(2) Every map or plan made or corrected under subsection (1) or a copy thereof, marked with the date when it was so made or last corrected, shall be kept by the licensee at his office and shall at all reasonable times be made available for inspection to any authorized officer of Government, or where the licensee is not the local authority of the area, to any authorized officer of Government or of the local authority; and the licensee shall, if required by the Chief Electrical Inspector, supply to him a copy of any such map or plan.

(1) A licensee shall, upon being required to do so by the owner or occupier of any premises situated within one hundred and fifty feet from any distributing main of the licensee in which he is for the time being required to maintain or is maintaining a supply of energy for the purposes of general supply to private consumers, give and continue to give a supply of energy to those premises in accordance with the provisions of the licence and of the regulations, and he shall furnish and lay any service lines that may be necessary for the purpose of supplying the maximum power which may be required by such owner or occupier and may be supplied under the licence.

The performance of the duty imposed on the licensee by the provisions of subsection (1) shall be subject to the following conditions

(2) The owner or occupier of the premises who requires a supply of energy from the licensee shall :

(3) A licensee may require the owner or occupier 1 of any premises to pay a concessional charge for the 1 service line, not exceeding one-half of the total cost thereof, in lieu of requiring him to enter into a contract for a period of five years as provided for in subsection (2) (b).

(4) Where a licensee requires the . owner or occupier 1 of any premises to enter into a contract for a period of five years as provided for in subsection (2) (b), the owner or occupier may elect:-

(5) The owner or occupier of any premises who applies to a licensee for supply of Energy shall, if he is required so to do by the licensee, give the licensee security for the payment of. all moneys which may from time to time be due to the licensee in respect of | such supply.

(1) A licensee shall not, in entering into contracts for the supply of energy, grant any undue preference to any consumer over the other consumers in the same locality or in any other locality where the conditions of supply, including power factor, are similar.

(2) No consumer of energy supplied by a licensee shall, except with the consent in writing of that licensee, use energy supplied to him under one method of charging, in a manner for which a higher method of charging is in force.

(1) In the absence of an agreement to the contrary, the amount of energy supplied to a consumer shall be ascertained by means of a correct meter.

(2)

(3) A licensee or any person duly authorized by him shall, at all reasonable times, have access to, and be at liberty to inspect and test, and for that purpose to take off and remove, any meter fixed by him under subsection (1); and all expenses of, and incidental to, such inspecting, testing, taking off and removing shall be borne by the licensee:

Provided that a licensee may recover any reasonable expenses for removing a meter to another position at the request of a consumer;

Provided further that where any difference or dispute has arisen between a consumer and a licensee as to the correctness of a meter fixed by the licensee under subsection (1), the licensee shall not be at liberty to take off or remove that meter until the matter of the difference or dispute has been determined as provided in subsection (4).

(4)

(5) In addition to any meter which a licensee may fix on the premises of a consumer under subsection (1), the licensee may place upon those premises such other meter or such maximum demand indicator or other apparatus as he may think fit for the purpose of ascertaining or regulating the amount of energy supplied to the consumer, or the number of hours during which the supply is given, or the rate per unit of time at which energy is supplied to the consumer, or any other quantity or time connected with the supply;

Provided that such other meter or such indicator or apparatus shall not, in the absence of an agreement to the contrary, be placed otherwise than between the distributing mains of the licensee and any meter fixed on such premises under subsection (1);

Provided also that, where the charges for the supply of energy depend wholly or partly upon the reading or indication of such other meter or such indicator or apparatus, the licensee shall, in the absence of an agreement to the contrary, keep that meter, indicator or apparatus correct; and the provisions of subsections (3) and (4) shall in that case apply as though that meter, indicator or apparatus were a meter referred to in subsection (1).

(6) A meter shall be deemed to be ” correct” if it registers the amount of energy supplied, within the prescribed limits of error, and a maximum demand indicator or other apparatus referred to be in subsection (5) shall be deemed to be “correct” if it complies with such conditions as may be prescribed in the case of any such indicator or other apparatus.

(1) The maximum power which a consumer may require a licensee to supply shall not exceed what may reasonably be estimated as necessary for the maximum consumption on the consumer’s premises.

(2) A consumer who has required a licensee to supply him with any specified maximum rate of energy shall not be entitled to alter that maximum except upon reasonable notice to the licensee, and except upon payment of such amount as the licensee may require the consumer to pay towards any expenses reasonably incurred by the licensee in respect of the service lines by which energy is supplied to the premises of that consumer, or of any fittings or apparatus of the licensee upon those premises consequent upon the alteration.

(3) If any difference arises between a consumer and a licensee as to what may be reasonably estimated as the consumption of energy on the consumer’s premises or as to the reasonableness of any expenses under subsection (2), such difference shall be determined by an electrical inspector upon application by either party and upon payment of the prescribed fee.

(1) A licensee shall not be entitled to prescribe any special form of lamp or other energy-consuming appliance to be used by a consumer, or in any way to control or interfere with the manner in which energy supplied by him to a consumer is used :

Provided that no consumer shall use any lamp or appliance so as unduly or improperly to interfere with the supply of energy by a licensee to any other consumer.

(2) Where any difference or dispute arises as to whether a licensee has, in contravention of subsection (1), prescribed any special form of lamp or appliance, or controlled or interfered with the manner in which energy is used, the matter shall be referred to an electrical inspector whose decision thereon shall be final.

(1) A licensee may make regulations to be observed by consumers as to

(2) No regulation made by a licensee under subsection (1) shall have effect until it has received the approval of the Minister or, where the licensee is a local authority, the approval of the Minister in charge of the subject of Local Government given after consultation with the Minister.

(1) A licensee or any person authorized by a licensee may, at any reasonable time, enter any premises to which energy is or has been supplied by him for the purpose of

(2) A licensee or any person authorized by a licensee may also, after giving not less than twenty-four hours’ notice in writing to the occupier, enter any premises to which energy is or has been supplied or is to be supplied by him, for the purpose of examining and testing the electric wires, fittings, works and apparatus belonging to the consumer.

(3) Where a consumer refuses to allow a licensee or any person authorized by a licensee to enter his premises in pursuance of the provisions of subsection (1) or subsection (2), or to perform any act which the licensee or that person is authorized by any of those subsections to perform, or fails to give reasonable facilities for such entry or the performance of such act, the licensee may, after the expiry of twenty-four hours from the service of a notice in writing on the consumer, cut off the supply to the consumer for so long as such refusal or failure continues.

(1) In any case where a person neglects to pay any charge for energy or any other sum due from him to a licensee in respect of the supply of energy to him, the licensee may, after giving such person not less than forty-eight hours’ notice in writing, cut off the supply, and for that purpose cut or disconnect any electric line or other works, being the property of the licensee, through which energy may be supplied, and may discontinue the supply until such charge or sum, together with the amount of any expenses which have been incurred by him in cutting off the supply or may be incurred in reconnecting the line or other works, is paid.

(2) When a person consumes energy at two or more premises and neglects to pay any charge due from him in respect of any of the premises, the licensee who supplies such energy may, after giving that person not less than forty-eight hours’ notice in writing, cut off the supply from the premises or all those premises, notwithstanding that the several premises are supplied under separate agreements.

(3) Where any dispute arises between a consumer and a licensee regarding any charge for energy or any other sum due from the consumer to the licensee, such dispute shall be referred to the Chief Electrical Inspector and shall be determined by such inspector or by any person appointed by him for the purpose. The decision of such inspector or of the person so appointed on any such dispute shall be final.

(4) Where any such dispute between a consumer and a licensee as is mentioned in subsection (3) has been referred to the Chief Electrical Inspector before notice under subsection (1) or subsection (2) is given by the licensee to the consumer, the licensee shall not exercise the powers conferred by subsection (1) or subsection (2) until the decision on that dispute has been given under subsection (3):

Provided that such powers may be exercised by the licensee in any case where the licensee has requested the consumer in writing to deposit with the Chief Electrical Inspector the amount of the licensee’s charges or other sums in dispute or a sum sufficient to meet the licensee’s further charges for energy as they accrue, and the consumer has failed to comply with such request.

(1) The Chief Engineer or any other suitable person may be appointed as the Chief Electrical Inspector for the purposes of this act, and the Chief Electrical Inspector shall be responsible for the administration of the Act.

(2) In the exercise of his powers and in the discharge of his duties under this Act, the Chief Electrical Inspector shall be subject to the general direction and control of the Minister.

(1) There may be appointed, from time to time, such number of fit and proper persons as may be necessary as electrical inspectors for the purposes of this Act.

(2) It shall be the duty of an electrical inspector

(3) An electrical inspector shall have the right of access at all reasonable hours to any of the premises of a licensee for the purpose of ascertaining whether the provisions of this Act or the regulations made thereunder or the conditions of the licence are being complied with, and, on informing the licensee of his intention, shall have the right of access to all standard instruments under the control of the licensee for the purpose of testing the accuracy of any meter or other instrument.

(4) An electrical inspector may, at all reasonable times and after informing the occupier of his intention, enter any premises in or to which energy is generated or supplied, for the purpose of inspecting and testing the electric lines, service lines, meters, fittings, works, and apparatus for the supply and use of energy installed therein and of ascertaining whether the provisions of this Act or the regulations made thereunder are being complied with.

(1) Every licensee shall send to the Minister written notice of

(2) The Minister may, if he deems it necessary, direct any electrical inspector or electrical inspector or appoint any other fit person to enquire into and report on

(1) Every licensee shall keep and maintain in proper working order suitable and proper instruments for recording the variation of pressure and for all other purposes which may be specified in the regulations. He shall also keep and maintain one or more sets of portable instruments for testing insulation of electric lines and of the wiring of consumer’s premises.

(2) Every licensee shall afford to the electrical inspectors all facilities necessary for the inspection, testing and reading of the instruments kept by him for the purposes of compliance with subsection (1).

(1) The Minister may, subject to the provisions of section 61, make all such regulations as he may deem necessary for the purpose of carrying out the provisions or giving effect to the principles of this Act.

(2) In particular and without prejudice to the generality of the power conferred by subsection (1), regulations may be made thereunder for or in respect of all or any of the following matters or purposes :

(3) No regulation under this section shall have effect until it has been approved by Parliament. Notification of such approval shall be published in the Gazette.

Upon the publication in the Gazette of the notification of the approval of any regulation, it shall be as valid and effectual as if it were herein enacted.

(a) no licence shall be granted or refused where the applicant for the licence is a local authority or a person intending to supply electrical energy in any area which is within the administrative limits of a local authority, or where any local authority is likely to be affected by the grant or refusal of the licence,

(b) no provision relating to any matter specified in section 4 and no condition shall be included in a licence which is to be granted to a local authority or any such person as aforesaid,

(c) no right referred to in section 5 shall be conferred on a licensee who is a local authority or any such person as aforesaid,

(d) no decision referred to in section 9 shall be taken in regard to a licensee who is a local authority or any such person as aforesaid, and

(e) no regulation applicable to a licensee who is a local authority or any such person as aforesaid shall be made under section 60.

(1) Every person who acts in contravention of the provisions of section 2 shall be guilty of an offence punishable with a fine not exceeding five hundred rupees or with imprisonment of either description for a term not exceeding six months.

(2) Upon the conviction of any person of an offence under this section, the court may, in addition to or in lieu of imposing any punishment hereinbefore prescribed make order directing that the installation involved in the offence shall be dismantled and removed within such period as may be specified in the order. Such period shall, where the conviction or the order is taken up in appeal and is affirmed by the Court of Appeal, be reckoned from the date on which the decision of the Court of Appeal is communicated to the offender.

(3) Where an offender fails to comply with an order under subsection (2), the Chief Electrical Inspector may cause the installation involved in the offence to be dismantled and the dismantled parts to be removed to any place agreed upon with the offender or, in the absence of any agreement, to a suitable place, and the expenses incurred by him in so doing may be recovered as a debt due to the Crown from the offender.

(a) save as authorized by his licence or by any order under section 10 or by any permit issued to him under section 11, supplies energy or lays down or constructs any electric line or works outside his area of supply, or

(b) makes default in complying with any order issued to him under section 29,

(1) A licensee who makes default in supplying energy to any owner or occupier of premises to whom he is required to supply energy by or under the provisions of this Act or of his licence, shall be guilty of an offence punishable, save as provided in section 73, with a fine not exceeding twenty-five rupees in respect of each day on which or on any part of which any such default occurs.

(2) A licensee who makes default in supplying energy to any of the public lamps to which he is required to supply energy by or under the provisions of this Act or of his licence, shall be guilty of an offence punishable, save as provided in section 73, with a fine not exceeding five rupees in respect of each such tamp for each day on which or on any part of which any such default occurs.

(3) Notwithstanding anything in the preceding subsections, the fine to be inflicted on a licensee under any of those subsections shall in no case exceed in the aggregate the sum of seven hundred and fifty rupees in respect of any defaults, not being wilful defaults, made by the licensee on any one day.

(a) not being an authorized officer of a licensee or the Chief Engineer, connects or disconnects any electric line through which energy is or may be supplied by the licensee to or from any meter, indicator or apparatus referred to in section 41; or

(b) without the consent of a licensee or the Chief Engineer 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 connexion with any electric line, apparatus or works belonging to a licensee or the Chief Engineer; or

(c) maliciously injures any meter, indicator or apparatus placed by a licensee under section 41, or wilfully or fraudulently alters the index of any such meter, indicator or from duly registering; or

(d) in any case where energy supplied by a licensee or the Chief Engineer is not ascertained by meter, uses the energy supplied to him in any other manner or to a greater amount than that specified in his contract or agreement with the licensee or the Chief Engineer ; or

(e) supplies any other person with any part of the energy supplied to him by a licensee or the Chief Engineer,

(1) A licensee who makes any default, not otherwise provided for, in complying with any of the provisions of this Act or of any regulation made or order issued thereunder or with any of the conditions of his licence or contravenes any such provision or condition, shall be guilty of an offence punishable, save as provided in section 73, with a fine not exceeding two hundred and fifty rupees, and, in the case or a continuing offence, with a daily fine not exceeding twenty-five rupees.

(2) Whoever, not being a licensee, makes any default, not otherwise provided for, in complying with any of the provisions of this Act or of any regulation made or order issued thereunder or contravenes any such provision, shall be guilty of an offence punishable with a fine not exceeding two hundred and fifty rupees or with imprisonment of either description for a term not exceeding three months, and, in the case of a continuing offence, with a daily fine not exceeding twenty-five rupees.

(3) Where any offence of which a person is convicted is continued after the conviction, that person shall be guilty of a further offence punishable on a further prosecution with the daily fine hereinbefore prescribed.

(1) Where an offence under this Act has been committed by a licensee who is an incorporated company, every person who at the time of the commission of the offence was a director, manager, secretary or other similar officer of such company, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.

(2) In any case where a licensee who is a local authority is prosecuted for an offence under this Act, the chief executive officer or any other prescribed officer of that local authority shall represent that local authority in that case; and accordingly the prosecution may be instituted against that local authority as represented by such officer, and any process or document which, for the purposes of that case, is required to be served on that local authority, may be served on such officer ; and any fine, cost or compensation imposed or awarded in that case shall be paid out of and recoverable from the fund of that local authority.

(1) in any prosecution instituted in respect of any default or contravention on the part of a licensee

(2) in any prosecution instituted in respect of any default or contravention on the part of any person other than a licensee, no punishment shall be imposed, if the court is of opinion that the case was one of emergency or that such person complied with the requirements of this Act and of the regulations thereunder as far as was reasonable or practicable in the circumstances of the case.

(1)

(2)

(3)

(1) Every notice, order or other document by or under this Act required or authorized to be addressed to any person may be served by post or left

(2) Every notice, order or other document by or under this Act required or authorized to be addressed to the owner or occupier of any premises shall be deemed to be properly addressed if addressed by the description of the ” owner ” or ” occupier ” of the premises (the premises being specified by name or assessment number or other adequate description) and shall be deemed to be duly served by the delivery thereof or of a true copy thereof, to some person on the premises to whom it can with reasonable diligence be delivered, or by the affixing thereof on some conspicuous part of the premises.

(i) to a consumer either from a distributing main or immediately from the premises of the supplier; or

(ii) from a distributing main to a group of consumers on the same premises or on adjoining premises supplied from the same point of the distributing main;

(i) every rule made under that Ordinance and in force on the day immediately preceding the 1st day of March, 1951, shall, so far as it is not inconsistent with the provisions of the foregoing sections of this Act, continue in force as though it were a regulation made under this Act, until it is amended, replaced 1 or rescinded by a regulation under this Act; and

(ii) every licence issued under that Ordinance and in force on the day immediately preceding the aforesaid date shall be deemed to be a licence issued under this Act by the Minister, and all the provisions of this Act shall apply accordingly in relation to that licence and to the person to whom it was issued.