Chapter 50 - Electricity Ordinance.pdf

For Reference Only t Ne Law LAWS OF SARAWAK...

For Reference Only t Ne Law LAWS OF SARAWAK REPRINT Chapter 50 ELECTRICITY ORDINANCE ak Incorporating all amendments up to 31st May, 2007 aw Sar PREPARED AND PUBLISHED BY THE COMMISSIONER OF LAW REVISION, SARAWAK UNDER THE AUTHORITY OF THE REVISION OF LAWS ORDINANCE, 1992 2007 For Reference Only ELECTRICITY ORDINANCE Revised up to...... 31st May, 2002 t Date of publication in Gazette Ne of this revised version... 15th July, 2002 Date appointed for coming into force of this revised version pursuant to section 6(1)(w) of the Revision of Laws Ordinance, 1992 [Cap. 1]......... Law... _______________ 15th July, 2002 Enacted in 1952 as Ordinance No. 17 of 1952. Revised in 1958 as Chapter 137 of 1958 Edition. Reprinted in 1967 of Cap. 139 (1958 Ed.). Revised in 2002 as Chapter 50. ak aw Sar For Reference Only 1 LAWS OF SARAWAK Chapter 50 t ELECTRICITY ORDINANCE Ne _____________ ARRANGEMENT OF SECTIONS _____________ Section 1. 2. 2A. 3. 4. Short title Interpretation Law Reference to Yang di-Pertua Negeri Appointment of Inspectors Licence required for use of installation; terms, conditions and contents of licences 3 7 8 4A. Power to fix tariffs 10 4 B. Power to recover expenses 4 C. Power to require security ak 4D. Fixing of maximum price for reselling electricity 12 4 E. Charge for supply of electricity to be ascertained by appropriate meter 4F. Special conditions relating to licence for hydro electricity 13 4G. Competent control 5. Supply lines and other apparatus on State land aw 6. Security, suspension of and revocation of licence 7. Restriction of use to specified purposes 8. Periodical inspection of installation 15 9. Electrical interference with signalling lines 17 10. Restriction of connection with earth Sar 11. Procedure in case of dangerous defect in installation or apparatus 18 12. Neither Government nor its officer liable for loss or damage 13. Entry on premises 14. Report and investigation of accidents 15. Powers of holding inquiry For Reference Only 2 CAP. 50 Section 16. Power to enter on land for purposes of construction 17. Maintenance and repair of installation 18. Removal or alteration of supply line, etc. t 19. Appeal to Yang di-Pertua Negeri Ne 20. Power to fix lamp-posts, etc. 21. Compensation 22. Power to break up streets, etc., under superintendence, and to open drains 23. Conditions as to superintendence of breaking up of streets 24. Street, etc., broken up to be reinstated without delay 25(1) (2) 26. 27. 28. Law Penalty for delay in reinstating streets, etc., In case of delay other parties may reinstate and recover the expense Notice to be served on persons having control, etc., before breaking up streets or opening drains Supply for private purposes and to public lamps Equality of treatment 29. Conditions under which supply may be discontinued 30. Temporary discontinuance of supply of energy 31. Prohibition of employment of children ak 32. Power to delegate 32A. Power of investigation 32B. Power of entry by warrant or otherwise, inspection, examination, seizure, etc. 32C. Obstruction, etc., and offence aw 32D. Admissibility of statement 33. Offences 33A. Right to recover loss of revenue 34. Onus of proof 34A. Conduct of prosecution Sar 34B. Compounding of offences 35. Recovery of penalties 36. Rules For Reference Only 3 LAWS OF SARAWAK Chapter 50 t ELECTRICITY ORDINANCE Ne An Ordinance to control and regulate electrical installations and the supply of electricity; and for connected and incidental purposes. [1st January, 1956] Short title 1. Interpretation 2. Law This Ordinance may be cited as the Electricity Ordinance*. In this Ordinance “apparatus” means electrical apparatus, and includes all apparatus, machines, consuming devices and fittings in which conductors are used or of which they form a part; ak “area of supply” means that area within which a licensee is authorized by his licence to supply energy; “competent person” means a person who holds a certificate aw of competency issued by the Director pursuant to rules made under section 36(1) to perform or execute work in accordance with the terms, conditions and restrictions stipulated in the certificate; “conductor” means an electrical conductor arranged to be Sar electrically connected to a system; _________________ * NOTE: Legislative powers in respect of this matter have been delegated to the State see F.L.N. 17 of 1964. See also s. 56 of Act 447 and P.U. (A) 272/90. For Reference Only 4 CAP. 50 “consumer” means a person who is supplied with energy or whose premises are connected for the purpose of a supply of energy with any system of supply, and includes any person who purchases energy from a licensee; t “danger” means danger to health or to human life or limb Ne from shock, burn or other injury resulting from the generation, transformation, distribution or use of energy, and includes danger to property resulting from that fire; “Director” means the Director of Electricity Supply, and includes any person who is acting or temporarily discharging the duties of that office; Law “distribute” means conveying electrical energy by means of a distribution network consisting of an electrical system mainly or wholly at or below high voltage or at such voltages as the Director may direct in writing for the purposes of conveying energy to premises of the consumers; “energy” means electrical energy when generated, transmitted, supplied, distributed or utilized for any purpose ak except the transmission of any communication or signal; “equipment” includes any item for such purposes as generation, conversion, transmission, distribution or transforming of electrical energy; aw “extra high voltage” means a voltage normally exceeding 3000 volts; “generating station” means any station for the generation of energy, including any building and plant used for the purpose, and its site, and includes a site intended to be used for a generating Sar station, but does not include any station or system for transforming, converting or distributing energy; “generator” means a rotating machine of any type for changing mechanical energy into electrical energy; For Reference Only ELECTRICITY 5 “high voltage” means a voltage exceeding 600 volts but not exceeding 3000 volts; “Inspector” means an Electrical Inspector appointed under section 3, and includes the Director; t [Am. Cap. A109.] Ne “installation” means the whole of any plant or equipment under one ownership or, where a management is prescribed, the person in charge of that management, designed for the supply or use, or both, as the case may be, of energy, and includes prime 4; Law movers, with all necessary plant, buildings and land in connection with it, pipeline, supply line and consuming apparatus; “licence” means a licence issued under section 4(1); “licensee” means the holder of a licence issued under section “live” or “alive”, when applied to a system or any part of a system, means a voltage exists between any conductor and earth or between any two conductors in the system; ak “management” means the authorized person placed in charge of an installation by the licensee, the owner or a contractor; “Minister” means the Minister having responsibilities for electricity; aw “motor” means an equipment or machine of any description for the transformation of electrical energy into mechanical energy; “post”, in relation to supply or transmission of electricity, Sar includes pole, tower and other structures for the supply, distribution and transmission of electricity; “power generating plant” means any building, plant or facility used for the generation or production of electrical energy, and includes any structure or site built or required to provide the resources or means to generate or produce that energy; For Reference Only 6 CAP. 50 “premises” includes any building or other erection and the land occupied or used in connection with it, being under one ownership, occupation or management; t “prime mover” means a machine supplying mechanical energy to a generator; Ne “private safety” means the obviation of danger to individuals or to private property; “public lamp” means an electric lamp installed for the lighting up of any street or public place; Law “public safety” means the obviation of danger to the general public, to public property and to roads, streets, railways, canals, docks, wharves, piers, bridges, gas-works, water-works and their appurtenances and telegraphic, telephone and other electrical signalling lines; “street” includes any road, lane, path, passage or open space, whether a thoroughfare or not, over which the public have a right of way; “supply”, in relation to electrical energy, means supply ak through supply lines other than to premises occupied by a licensee for the purpose of carrying on the activities which he is authorized by his licence to carry on; “supply line” means a conductor or conductors or other means of conveying, transmitting or distributing energy, together aw with any casing, coating, covering, tube, pipe, insulator or post enclosing, surrounding or supporting the same or any part of it, or any building or apparatus connecting with it for the purpose of transforming, conveying, transmitting or distributing energy; “system” means an electrical system in which all the Sar conductors and apparatus are electrically or magnetically connected; For Reference Only ELECTRICITY 7 “transmit” or “transmission”, in relation to electricity, means transmit by means of a transmission system consisting, wholly or mainly, of high voltage or extra high voltage lines and electrical equipment and is used for conveying electricity from a generating t station to a substation or from one generating station to another or Ne from one substation to another. [Am. Cap. A36; Am. Cap. A8; Am. Cap. A109.] Reference to Yang di-Pertua Negeri 2A. In this Ordinance, a reference to the Yang di-Pertua Negeri shall be construed as a reference to the Yang di-Pertua Negeri acting Majlis. Appointment of Inspectors Law in accordance with the advice of the Majlis Mesyuarat Kerajaan Negeri or of a member acting under the general authority of the [Am. Cap. A36.] 3.—(1) The Majlis Mesyuarat Kerajaan Negeri may, by notification in the Gazette, appoint a Director who shall have such powers, functions and duties as may be prescribed by this Ordinance ak and such other duties and functions as the Majlis Mesyuarat Kerajaan Negeri may, by order, assign to him. [Am. Cap. A109.] aw (2) The Minister may, by notification in the Gazette, appoint such number of Electrical Inspectors as he deems fit, to assist the Director in the discharge of his powers, functions and duties. [Am. Cap. A109.] (3) The Director shall in the discharge of his powers, functions Sar and duties, comply with such directions as may be issued to him by the Minister. [Sub. Cap. A81; Am. Cap. A109.] For Reference Only 8 CAP. 50 Licence required for use of installation; terms, conditions and contents of licences 4.(1) Subject to subsection (5) and to such exemptions as may be prescribed, no person shall t Ne (a) use, work or operate, or permit to be used, worked or operated, any installation; or (b) supply to or for the use of any other person energy from any installation; or (c) Law transmit or distribute energy from any installation; or (d) carry out, execute or undertake any works for the purpose of establishing any installation or power generating plant for the purpose of generating or producing energy, except under the terms of a licence granted by the Yang di-Pertua Negeri authorizing such use or supply, as the case may be or the execution, undertaking or carrying out of any works referred to in paragraph (d). [Am. Cap. A36; Am. Cap. A81.] ak (2)(a) A licence may be granted under this section for such period as stipulated in it and upon payment of such fees and upon such terms and conditions, including the payment of any fees to any aw authority payable under any other written laws, as they appear to the Yang di-Pertua Negeri to be expedient. (b) A licence shall not be transferred or assigned in any manner whatsoever unless with the prior written approval of the Yang di-Pertua Negeri. Sar (3) A licensee shall not have any right of renewal of his licence: For Reference Only ELECTRICITY 9 Provided that the Yang di-Pertua Negeri may, in his absolute discretion, extend the period of a licence upon such terms and conditions as he may deem fit to impose. t (4) The period of duration of every licence shall be set out in it and, in every licence which permits the supply of energy to any person Ne other than the licensee, there shall be set out (a) the area of supply; (b) the declared voltage and the variations permitted on it; (c) Law the maximum charges payable by consumers; and (d) such other matters as the Yang di-Pertua Negeri may consider desirable. (5) There shall be exempted from this section any installation, the rated capacity of which does not exceed 5 kilowatts if that installation (a) [Deleted by Cap. A109.] ak (b) is contained entirely within the premises owned or lawfully occupied by the owner of the installation; and (c) is installed in accordance with the Electricity Rules, 1999 [Swk. L.N. 84/99]. aw [Am. Ord. No. 21/58; Am. Cap. A36; Am. Cap. A81; Am. Cap. A109.] (6) The Yang di-Pertua Negeri shall, prior to the issue of a licence under this section, consult the Sarawak Electricity Supply Corporation and consider whatever representation which that Corporation wishes to make in relation to the issue of the licence. Sar [Am. Cap. A36.] For Reference Only 10 CAP. 50 Power to fix tariffs 4A.—(1) A licensee may, in relation to the supply and transmission of electricity, levy such tariffs as may be approved by the Yang di-Pertua Negeri from time to time, having regard to any t condition in the licence which relates to the supply of electricity in Ne different areas, circumstances and for different categories of usage. (2) A tariff fixed pursuant to subsection (1) may include— (a) a standing charge in addition to the charge for actual electricity supplied; regularity of supply; Law (b) a charge in respect of the availability of a supply of electricity and that charge may vary according to the extent and (c) rent or other charges in respect of any electricity meter or electrical plant, apparatus or equipment provided by the licensee; and (d) the costs of transmission or distribution of electricity to provide for the supply of electricity generally or to any particular area or region within the area of supply of a licence. ak (3) Notwithstanding subsection (2), a licensee may enter into special agreement with any person requiring supply of electricity, and in such a case, the tariffs stipulated in the agreement shall apply in relation to electricity supplied to that person. aw (4) In fixing tariffs pursuant to subsection (1) and in the making of agreements for supply of electricity under subsection (3), a licensee shall not show undue preference or discrimination as among consumers or persons similarly situated having regard to the place and time of supply, the quantity of electricity supplied, the consumer load Sar and power factor, and the purpose for which the supply is taken. (5) The tariffs fixed pursuant to subsection (1) shall be published in the Gazette and in at least two newspapers having circulation in Sarawak. [Ins. Cap. A36; Am. Cap. A81.] For Reference Only ELECTRICITY 11 Power to recover expenses 4B.—(1) Where any supply line or electrical plant or equipment is provided by a licensee, the licensee may require any expenses t reasonably incurred to be defrayed by the person requiring the supply of electricity to such extent as is reasonable having regard to the Ne circumstances. (2) The expenses reasonably incurred in providing any supply line or electrical plant or equipment under subsection (1) include the capitalised value of any expenses likely to be so incurred in maintaining it, if those expenses cannot be recovered by the licensee Power to require security Law as part of the tariffs levied by him for the supply. [Ins. Cap. A36.] 4C.—(1) A licensee may require any person who requires a supply of electricity to give him reasonable security for all moneys which may become due to him— (a) in respect of the electricity supply; or (b) where any supply line or electrical plant or equipment ak has to be provided under the same subsection in respect of the provision of such facility, and if the person fails to give that security, the licensee may, if he thinks fit, refuse to give the supply or to provide the supply line or aw electrical plant or equipment until the security has been given. (2) Where the person has not given the security in subsection (1) or the security given by the person has become insufficient, the licensee may by notice require the person, within fourteen days after the service of the notice, to give him reasonable security for the Sar payment of all moneys which are due to him in respect of the supply and if the person fails to give the security, the licensee may, if he thinks fit, discontinue the supply until the security is given. [Ins. Cap. A36.] For Reference Only 12 CAP. 50 Fixing of maximum price for reselling electricity 4D.—(1) The Minister may fix the maximum prices at which electricity may be resold by any person under licence to any consumer or group of consumers in any particular area or premises, and may t publish the prices so fixed in such manner as in his opinion will secure Ne adequate publicity for them. (2) Different prices may be fixed for different cases which may be determined by reference to the area, tariff or any other relevant factor. (3) If any person resells electricity at a price exceeding the Law maximum price fixed under this section, the amount of the excess shall be recoverable by the person to whom the electricity was resold. [Ins. Cap. A36.] Charge for supply of electricity to be ascertained by appropriate meter 4E.—(1) Where a consumer is to be charged for his supply of electricity whether wholly or partly by reference to the quantity of electricity supplied, the supply shall be given through, and the quantity ak of electricity shall be ascertained by, an appropriate meter. (2) The meter shall be provided by the licensee, whether by way of sale, hire or loan. aw (3) The meter shall be installed on the consumer’s premises in a position to be determined by the licensee, unless in certain circumstances it is more reasonable to place it outside the premises or in some other position. (4) If— Sar (a) the consumer refuses or fails to have his supply of electricity through the appropriate meter; or (b) that meter has been tampered with so as to prevent it from recording correctly or accurately the quantity of electricity supplied to or used by the consumer; or For Reference Only ELECTRICITY 13 (c) the consumer has been convicted of an offence under section 33(5), the licensee may discontinue the supply of electricity to that consumer. t (5) For the purposes of this section, a meter is an appropriate Ne meter for use in connection with any particular supply of electricity if it is of a pattern of construction which, having regard to the terms on which the supply is to be charged for, is particularly suitable for that use. [Ins. Cap. A36; Am. Cap. A81.] Law Special conditions relating to licence for hydro electricity 4F. Where a licence is granted for the generation of electricity by water power, the Yang di-Pertua Negeri may specify in it conditions and restrictions relating to— (a) diversion of waters of any river; (b) activities or works which a licensee may undertake or carry out in a reservoir created for the generation of electricity, ak under the licence; (c) activities, works or other undertakings which a licensee may do or carry out or authorize to be done on his behalf, in any water catchment area, declared under the Water Ordinance, aw 1994 [Cap. 13]; and (d) activities that could have an adverse impact on the environment: Provided that these conditions and restrictions— (i) shall not be inconsistent with any other written law; Sar and (ii) the compliance and fulfilment of them shall not relieve the licensee from observing or implementing or carrying out any directive, order or direction issued by— For Reference Only 14 CAP. 50 (aa) the Controller or Environmental Quality under the Natural Resources and Environment Ordinance [Cap. 84 (1958 Ed.)] or its subsidiary legislation; (bb) the Controller of Rivers under the Sarawak t Rivers Ordinance, 1993 [Cap. 4] or its subsidiary Ne legislation; and (cc) the State Water Authority under the Water Ordinance, 1994 [Cap. 13] or its subsidiary legislation. [Am. Cap. A109.] Competent control Law 4G.—(1) No installation owned or managed by a licensee shall be worked or operated except under the control of persons possessing such qualifications and holding such certificates as may be prescribed by rules made under section 36(1), and no person who does not possess the qualifications or holding those certificates shall be in charge of that installation or shall control the operation of any installation, electrical plant or apparatus. (2) Any person who contravenes this section shall be guilty of ak an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit and, in the case of a continuing offence, to a fine not exceeding one thousand ringgit for every day or part of a day during which the offence continues. aw [Add. Cap. A109.] Supply lines and other apparatus on State land 5.(1) Subject to such conditions as the Yang di-Pertua Negeri may deem proper, a licence may, notwithstanding the Land Sar Code [Cap. 81 (1958 Ed.)], authorize the licensee to lay, place or carry on, under or over State land, to the extent and in the manner specified in the licence, such supply lines and to erect and maintain in or upon State land such posts and other apparatus as may, in the opinion of the Director, be necessary or proper for the purposes of the licensed installation, and the Yang di-Pertua Negeri may give or add to that authorization at any time during the currency of the licence, For Reference Only ELECTRICITY 15 that authorization or addition to be endorsed on it under the hand of the Minister. [Am. Cap. A109.] t (2) All apparatus placed in or upon State land which is not Ne removed from it within six months, or such longer period as the Minister may permit, after the expiration or determination of the licence under the authority by which such apparatus was so placed, shall vest in and become the property of the Government. Security, suspension of and revocation of licence Law 6.(1) The Yang di-Pertua Negeri may require that, before the issue of any licence, such security as he may specify shall be furnished for the due observance of the terms and conditions of the licence and of the provisions of this Ordinance and its rules. (2) A licence may at any time be suspended or revoked by the Yang di-Pertua Negeri on breach of any of its conditions, or for failure to comply with an order issued under section 9, or in default of payment of any moneys accrued due under them, or if the licensee ceases to work or operate the installation in respect of which the ak licence has been granted. Restriction of use to specified purposes 7. A licensee who is, by the conditions of his licence, restricted to using or supplying energy for specified purposes only aw shall not use or supply that energy for any purpose other than those so specified. Periodical inspection of installation 8.(1) (a)(i)Subject to any exemption that may be granted by the Sar Director in any special case, any person who intends to construct, extend, modify, alter or re-locate any installation shall give written notice of that intention to the Director. For Reference Only 16 CAP. 50 (ii) That person or anyone duly authorized by him shall, together with the notice referred in subparagraph (i), submit to the Director, plans or drawings of the installation or intended extension, modification or alteration thereof or the site where the installation is to t be relocated, and shall obtain the approval of the Director of such Ne plans and drawings before commencement of any works pertaining to that construction, extension, modification, alteration or relocation. [Sub. Cap. A109.] (b) The Director shall not issue the notice of commencement unless he is satisfied that the licensee has complied with all the Law requirements of this Ordinance or any other written law applicable to the construction of the installation or power generating plant. [Am. Cap. A109.] (c) The Director or any Inspector or any other person authorized by him in writing may inspect the works and the installation or power generating plant during the construction and, upon receipt of notice of completion of it, a final inspection shall be carried out by the Director or Inspector or any other person authorized by him, before a Certificate of Completion of it is issued by the Director. ak [Am. Cap. A109.] (d) In addition to the inspections referred to in paragraph (c), all installations or power generating plants, while in operation, shall be subject to such periodical inspections as shall be determined by the aw Director. [Am. Cap. A109.] (e) The management or person in charge of any installation or power generating plant shall afford full facilities and cooperation for Sar inspections to be carried out under this section. (2) In addition to periodical inspections during construction and final inspections on completion, all installations, while in operation, shall be subject to such periodical inspections as may be prescribed. For Reference Only ELECTRICITY 17 (3) The licensee and management and persons in charge of any installation or of the construction of any installation shall afford full facilities for inspection during all reasonable times. [Am. Cap. A81.] t Ne (4) Any person who contravenes any of the provisions of subsection (1) or (3) shall be guilty of an offence punishable under section 33(10). [Add. Cap. A109.] Law Electrical interference with signalling lines 9.(1) (a) If the Director is satisfied, upon the report of an Inspector or otherwise, that the working or operation of any installation causes electrical interference with any radio- communication, telecommunication, telegraph, telephone or other electrical signalling process or circuits, owned or operated by or on behalf of the Government of Malaysia or of Sarawak, the Director shall call upon the licensee or owner of that installation, or its management, to abate the interference. ak [Am. Cap. A109.] (b) If within a period of fourteen days or such longer period as the Director considers reasonable in any particular circumstances and the interference has not been effectually abated, the Director may by aw order in writing prohibit the working or operation of the installation. [Am. Cap. A109.] (2) If any dispute arises between the Director and the licensee or owner of an installation, or its management, concerning the exercise of the powers conferred on the Director by this section, that Sar licensee, owner or its management may appeal to the Yang di-Pertua Negeri whose decision shall be final. [Am. Cap. A36; Am. Cap. A109.] For Reference Only 18 CAP. 50 Restriction of connection with earth 10.(1) No person shall, in the generation, transmission, distribution, supply or use of energy, permit any part of his supply line to be connected with earth, except as may be required by rules made t under section 36 or be expressly permitted by an Inspector. Ne (2) In the event of any breach of subsection (1), the Director may, by written order, require the licensee or owner or its management to remove those connections and prohibit the use of any supply line or works or installations until the order is complied with, and every such order shall be complied with by the person concerned. Law [Am. Cap. A81; Am. Cap. A109.] Procedure in case of dangerous defect in installation or apparatus 11.(1) In the event of an Inspector finding in any installation or apparatus any defect which in his opinion is likely to cause danger, he may, by notice in writing posted at the place where the installation or apparatus to which it relates is installed or working, or served upon the licensee, owner or its management, require that defect to be made good or removed within such period as may be specified in the notice, ak and, in such case, the installation or apparatus shall not be operated or used after the expiration of that period unless the defect has been made good or removed to the satisfaction of the Inspector: Provided that, if the Inspector is of the opinion that the defect is likely to cause immediate danger, he may, by notice posted or served aw as said above, immediately suspend the operation and use of that installation or apparatus until that defect is made good or removed and, in such case, the installation or apparatus shall not be operated or used so long as that notice of suspension remains unrevoked. (2) Whenever an Inspector posts or serves a notice under Sar subsection (1), he shall immediately send to the Director a copy of the notice together with his reasons for posting or serving the notice, and the Director may, whether the licensee or owner or management of the installation or apparatus to which the notice relates has complained to the Director or not, vary or cancel the notice. [Am. Cap. A109.] For Reference Only ELECTRICITY 19 (3) Every licensee and every management and person in charge of an installation becoming aware of a defect in it which is likely to cause danger, and every consumer becoming aware of a defect in any apparatus which is likely to cause danger, shall immediately make t good or remove the defect, or make a report of it to an Inspector. Ne (4) If in the opinion of the Director any defect in an installation is of such a nature that it cannot be made good or removed the Yang di-Pertua Negeri may, whether he has caused an inquiry to be held or not, revoke the licence. [Am. Cap. A109.] Law (5) Any person who contravenes or fails to comply with subsection (1) or (3) shall be guilty of an offence. Neither Government nor its officer liable for loss or damage 12. Neither the Government nor its officer shall be liable for any loss or damage caused to any person by the suspension of operation and use of any installation or apparatus or by the suspension or revocation of a licence under this Ordinance. ak Entry on premises 13.(1) Subject to subsection (2), an Inspector may enter upon any premises in or upon which any installation or apparatus may be, at any time between the hours of 6 a.m. and 6 p.m. and also at any time aw when the installation or apparatus may be at work. (2) An Inspector seeking to enter any premises under the powers conferred by subsection (1) shall carry, and shall produce on demand, an official identification card or badge in such form as may be prescribed, and no person shall be obliged to admit to his premises Sar any person purporting to be an Inspector except upon production of that official identification card or badge. For Reference Only 20 CAP. 50 Report and investigation of accidents 14.(1) When any accident causing or resulting in, or of such a kind as to be likely to have caused or resulted in, loss of life or personal injury, or of such a kind as to affect the public safety, has t occurred in connection with any installation or electrical plant or Ne apparatus, the owner or licensee and its management shall report the accident to the Director by the quickest means available, and subsequently with the least possible delay shall report in writing to the Director the facts of the matter so far as they are known to them respectively. Law [Am. Cap. A109.] (2) The Director may, if he deems it necessary, direct an Inspector or appoint any other fit person to inquire into and report on any accident which may have been occasioned by or in connection with any installation, electrical plant or apparatus, whether or not he has received notice of the accident under subsection (1); and any person appointed under this section, not being an Inspector, shall for the purposes of the appointment have all the powers of an Inspector under this Ordinance. [Am. Cap. A109.] ak (3) Any person who, without lawful excuse, fails to comply with subsection (1) shall be guilty of an offence. aw Powers of holding inquiry 15. For the purpose of holding inquiries under this Ordinance, an Inspector shall have power to administer oaths and affirmations and shall be vested with the powers of a Magistrate for compelling the attendance of witnesses, maintaining order and otherwise duly conducting those inquiries. Persons summoned to attend any such Sar inquiry shall be legally bound so to attend. For Reference Only ELECTRICITY 21 Power to enter on land for purposes of construction 16.(1) Subject to this section, whenever it is necessary so to do for the purpose of installing any system of distribution of energy under this Ordinance, a licensee may lay, place or carry on, under or t over any land, other than State land, such supply lines, and may erect Ne in or upon any land, other than State land, such posts and other apparatus as may be necessary or proper for the purposes of the licensed installation, and may take such other action as may be necessary to render that installation safe and efficient, paying full compensation to all persons interested for any disturbance, damage or disability that may be caused by it; and such compensation may Law include an annual payment for land used for the purpose of the posts or other apparatus. (2) Before entering on any land for the purpose specified in subsection (1), the licensee shall give notice to the owner or occupier of that land, stating as fully and accurately as possible the nature and extent of the acts intended to be done and informing the owner or occupier of this right, under subsection (4), to object to the proposed intended acts. (3) That notice shall be deemed to be properly given if sent by ak registered post or left at the usual or last known place of abode of the person to whom it is to be given or, if the usual or last known place of abode of that person cannot be ascertained, by fixing the notice conspicuously on some part of the land. aw (4) The owner or occupier may, within fourteen days of the receipt of that notice, lodge an objection to the intended acts of the licensee. That objection shall be made to the Director of Lands and Surveys, either verbally or in writing, and the Director of Lands and Surveys shall give notice of that objection to the licensee. Sar (5) If no objection is lodged within the time limited for that purpose by subsection (4), the licensee may immediately enter on the land and do all or any of the acts specified in that notice. For Reference Only 22 CAP. 50 (6) If an objection is lodged and is not withdrawn before the date fixed for its hearing, the Director of Lands and Surveys shall hold an inquiry, giving all parties an opportunity to be heard. t (7) Upon the conclusion of the inquiry or upon receipt of those recommendations, the Director of Lands and Surveys may, either Ne unconditionally or subject to such terms, conditions and stipulations as he thinks fit, authorize or prohibit any of the acts mentioned in that notice. Maintenance and repair of installation Law 17. Whenever it is necessary so to do for the purpose of maintaining or repairing a licensed installation or any part of it, the licensee or any person authorized by him may, at all reasonable times — (a) enter upon any land on, under or over which supply lines have been laid, placed or carried, or upon which posts or other apparatus have been erected; (b) carry out all necessary repairs, and in the course of it, fell or lop trees, remove vegetation; and ak (c) do all other things necessary to that purpose, causing as little damage as possible and paying full compensation to all persons interested for any damage that may be caused by it for which compensation has not already been paid or agreed to be paid aw under section 16. Removal or alteration of supply line, etc. 18.(1) Where a supply line has been laid, or posts or apparatus erected, on any land under section 16 or 17 and the owner or occupier of the land desires to use the land in such a manner as to render it Sar necessary or convenient that the line, posts or apparatus should be removed to another part of the land, or to a higher or lower level, or altered in form, he may require the licensee to remove or alter the line, posts or apparatus accordingly. For Reference Only ELECTRICITY 23 (2) If the licensee omits to comply with the requisition that person may apply in writing to the Director of Lands and Surveys who may, after inquiring into all the facts of the case, reject the application or make an order, either absolutely or subject to conditions, for the t removal or alteration of the line, posts or apparatus. The order shall Ne provide for the payment of the cost of executing the removal or alteration by the licensee or by the person making the application, as the Director of Lands and Surveys may consider equitable in the circumstances of the case. (3) Whenever a supply line has been laid, or posts or apparatus erected, on State land, and that land is subsequently alienated to any Law person, the owner or occupier of that land may, unless the terms of alienation expressly provide otherwise, require the removal to another part of that land, or to a higher or lower level, or the alteration of the line, posts or apparatus, and subsections (1) and (2) shall apply to the requisition: Provided that, subject to the conditions of the licence, the cost of executing that removal or alteration shall be defrayed by the person making the requisition. Appeal to Yang di-Pertua Negeri ak 19. Any person aggrieved by a decision of the Director of Lands and Surveys under section 16 or 18 may appeal to the Yang di- Pertua Negeri whose decision shall be final. aw Power to fix lamp-posts, etc. 20. A licensee or any person authorized by the licensee may, subject to the by-laws in force in any local authority area— (a) cause such lamp-irons, lamp-posts, insulating material, brackets, stays, rosettes or other apparatus to be put up or fixed Sar upon or against the walls or palisades of any house, building or enclosure as may be deemed proper, doing as little damage as may be practicable and making sufficient amends by way of repairs, restoration or compensation to all persons interested for that damage as may be done; For Reference Only 24 CAP. 50 (b) cause such number of lamps of such sizes and sorts to be put and affixed to such lamp-irons, lamp-posts and brackets as may be deemed necessary; and t (c) may cause them to be lighted during such hours as may be deemed necessary by the local authority. Ne Compensation 21. The amount of compensation payable under this Ordinance may, in default of agreement, be claimed and determined by civil action in a court of appropriate jurisdiction. Law Power to break up streets, etc., under superintendence, and to open drains 22.(1) A licensee, under such superintendence as specified in section 23, may (a) open and break up the soil and pavement of the several streets and bridges within his area of supply; (b) open and break up any sewers, drains or tunnels within or under such street and bridges and lay down and place, within ak the same limits, supply lines and other works and, from time to time, repair, alter or remove them; (c) for these purposes, remove and use all earth and materials in and under those streets and bridges; and aw (d) in those streets, erect any poles, pillars, lamps and other works and do all other acts which the licensee shall from time to time deem necessary for supplying electricity to the inhabitants of his area of supply, doing as little damage as may be in the execution of the powers Sar granted by this section or by the licence, and making compensation for any damage which may be done in the execution of such powers, and subject to such rules as may be made under section 36. For Reference Only ELECTRICITY 25 (2) Where the licensee proposes to erect or has erected in any street, any poles, pillars, lamps or other works, or proposes to lay or has laid a supply line along any street, the Director or, as regards any street within a local authority area, the local authority may, t notwithstanding any other provision in this Ordinance, by notice in Ne writing, require the licensee to alter the proposed position or the position of those poles, pillars, lamps, other works or supply line, subject to conditions which, failing agreement between the parties, may be determined by the Yang di-Pertua Negeri. [Am. Cap. A109.] Law Conditions as to superintendence of breaking up of streets 23. No such street, bridge, sewer, drain or tunnel shall, except in the case of emergency, be opened or broken up, except under the superintendence of the persons having the control or management or of their officer, and according to such plan as shall be approved by such persons or their officer or, in the case of any difference respecting such plan, according to such plan as shall be determined by the Yang di-Pertua Negeri who may, on the application of the persons having the control or management, or their officer, require the licensee to make such temporary or other works as the applicants may think ak necessary for guarding against any interruption of the drainage during the execution of any works which interfere with a sewer or drain: Provided that, if the persons having the control or management fail to attend at the time fixed for the opening of any such street, aw bridge, sewer, drain or tunnel, after having had notice of the licensee’s intention, or shall not propose any plan for breaking up or opening it, or shall refuse or neglect to superintend the operation, the licensee may perform the work specified in that notice without the superintendence of those persons or their officer. Sar Street, etc., broken up to be reinstated without delay 24.—(1) When the licensee opens or breaks up the road or pavement of any street or bridge, or any sewer, drain or tunnel, he shall, with all convenient speed,— For Reference Only 26 CAP. 50 (a) complete the work for which the same shall be broken up; (b) fill in the ground and reinstate and make good the road, t pavement, sewer, drain or tunnel so opened or broken up; and Ne (c) carry away the rubbish occasioned by it. (2) While that road or pavement shall be so opened or broken up, the licensee shall, at all times— (a) cause the same to be fenced and guarded; Law (b) cause a light sufficient for warning the public to be set up and maintained against or near that road or pavement, every night before sunset and until sunrise, during which the same shall be continued open or broken up; and (c) keep the road or pavement which has been broken up in good repair for three months after replacing and making good the same, and for such further time, not being more than six months in the whole, as the soil so broken up shall continue to subside. ak Penalty for delay in reinstating streets, etc. 25.(1) If the licensee opens or breaks up any street, bridge, sewer, drain or tunnel— aw (a) without giving such notice as prescribed under section 26, or in a manner different from that which shall have been approved or determined; or (b) without making temporary or other works when so Sar required, except in the cases in which the licensee is authorized by this Ordinance to perform those works without any superintendence or notice; or For Reference Only ELECTRICITY 27 (c) making any delay in completing any of those work, or in filling in the ground, or reinstating and making good the road, pavement, sewer, drain or tunnel so opened or broken up, or in carrying away the rubbish occasioned by it; or t Ne (d) neglecting to cause the place where such road or pavement has been broken up to be fenced and lighted; or (e) neglecting to keep the road or pavement in repair for the space of three months next after that road or pavement is Law made good or such further time as said above, he shall forfeit to the persons having the control or management of the street, bridge, sewer, drain or tunnel in respect of which the default is made a penalty of fifty ringgit for every default; and he shall forfeit an additional penalty of fifty ringgit for each day during which any such delay shall continue after he shall have received notice of it. In case of delay other parties may reinstate and recover the expense (2) If any such delay or omission takes place, the persons ak having the control or management of the street, bridge, sewer, drain or tunnel, in respect of which such delay or omission takes place, may cause the work so delayed or omitted to be executed, and the expense of executing the work shall be repaid to those persons by the licensee. aw Notice to be served on persons having control, etc., before breaking up streets or opening drains 26. Before the licensee proceeds to open or break up any street, bridge, sewer, drain or tunnel, he shall give to the persons having Sar control or management the work, or to their officer, notice in writing of his intention, not less than seven clear days before beginning that work, except in cases of emergency arising from defects in any of the supply lines or other works, and then so soon as is possible after the beginning of that work, or after the necessity for that work shall have arisen. For Reference Only 28 CAP. 50 Supply for private purposes and to public lamps 27.(1) This section shall only apply to such licensees and in such areas of supply, or to such parts of them and to such extent, as t the Majlis Mesyuarat Kerajaan Negeri may by order direct. Ne (2) A licensee shall, upon being required to do so by the owner or occupier of any premises situated within fifty yards from any supply line of the licensee in which the licensee is 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 for Law those premises, and the licensee shall furnish and lay any supply lines that may be necessary for the purpose of supplying the maximum power with which any such owner or occupier is entitled to be supplied: Provided that the cost of so much of the construction of any supply lines as exceeds a length of sixty feet for the supply of energy from any supply of the licensee to the premises of any owner or occupier shall, if the licensee so requires, be defrayed by that owner or occupier. ak (3) Every owner or occupier of premises requiring a supply of energy shall (a) serve a notice upon the licensee specifying the premises in respect of which the supply is required, the maximum power aw required to be supplied and the day, not being an earlier day than a reasonable time after the date of the service of the notice, upon which the supply is required to commence; and (b) if required by the licensee, enter into a written contract with the licensee to continue to receive and pay for a supply of energy, for a period of at least two years, of such an amount that Sar the payment to be made for the supply, at the rate of charge charged by the licensee for the supply of energy to ordinary consumers within the area of supply, shall not be less than twenty per cent per year on the outlay incurred by the licensee in providing any supply lines required under this section to be provided by the licensee for the purpose of the supply, and, if required by the licensee, give security for the payment to the For Reference Only ELECTRICITY 29 licensee of all moneys which may become due by the owner or occupier in respect of any supply lines to be furnished by the licensee, and in respect of energy to be supplied by the licensee. t (4) The licensee shall, upon receiving reasonable notice from a local authority requiring the licensee to supply energy to any electric Ne lamps used for the lighting of any street or public place in the local authority area, and maintained by such authority within the distance of fifty yards from any supply line of the licensee in which the licensee is required to maintain or is maintaining a supply of energy for the purposes of general supply to private consumers, give and continue to Law give a supply of energy to those lamps in such quantities as that local authority may require to be supplied. (5) (a) The licensee shall not be compelled to give a supply of energy to any premises unless the licensee is reasonably satisfied that the system, electric lines, fittings and apparatus in it are in good order and condition, and not calculated to endanger public safety or private safety or to affect injuriously the use of energy by the licensee or by other persons. (b) The licensee may, after the licensee has given a supply of ak energy in respect of any premises, by notice in writing, require the owner or occupier of those premises, within seven days after the date of the service of the notice, to give the licensee security for the payment of all moneys which may become due to him in respect of the aw supply, if the owner or occupier has not already given that security, or if any security given has become invalid or is insufficient; and, in the event of any such owner or occupier failing to comply with the terms of the notice, the licensee may, if he thinks fit, discontinue to supply energy for the premises so long as the failure continues. Sar (6) If any difference arises under this section as to the state of, or as to any alleged defect in, any system, electric lines, fittings or apparatus, that difference shall be determined by the Director. [Am. Cap. A109.] For Reference Only 30 CAP. 50 (7) If a licensee shall make default in supplying energy to any consumer or to any electric lamps used for the lighting of any street or public place, when legally bound so to do under this Ordinance, he shall forfeit to the Government for every such default such penalties as t may be prescribed: Ne Provided that any penalty prescribed shall not exceed the sum of fifty ringgit, and the penalties to be forfeited shall, unless the licensee has been guilty of wilful default, in no case exceed in the aggregate the sum of one hundred ringgit for any one day. Equality of treatment Law 28. A licensee shall not show any undue preference as between consumers in the same locality and where the conditions of supply including the amount of consumption, are similar; but, except as said before, a licensee may make such charges for the supply of energy as may be agreed upon, not exceeding the limits of price imposed by licence. Conditions under which supply may be discontinued ak 29.(1) If a consumer or the occupier of his premises (a) uses any form of lamp or other energy consuming apparatus, or uses the energy supplied to him by the licensee, in such a manner as to interfere unduly or improperly with the aw efficient supply of energy to any other person; (b) makes any alteration in his installation which endangers public safety or private safety; (c) makes any alteration in his installation without the previous approval of the licensee, which interferes unduly or Sar improperly with the efficient supply of energy to any other person; (d) fails to give reasonable facilities for testing, inspection or meter reading; or For Reference Only ELECTRICITY 31 (e) interferes with the licensee’s supply line or seals, the licensee may discontinue the supply of energy to the premises of that consumer so long as the consumer or occupier makes default in respect to any of those matters. t (2) A licensee may discontinue to supply electrical energy to Ne any person whose payments for the supply of electrical energy are in arrear whether any such payments are due to the licensee in respect of a supply to the premises in respect of which that supply is demanded or in respect of other premises: Provided that before the licensee discontinues supply he shall Law furnish to the person whose supply is to be discontinued a statement certifying the payments that are in arrears and in the absence of manifest error, the amount stated in the statement shall be conclusive evidence of those payments that are in arrears. (3) If any difference arises as to whether a licensee is entitled under subsection (1) to discontinue to supply energy, that difference shall be determined by the Director. [Am. Cap. A81; Am. Cap. A109.] ak Temporary discontinuance of supply of energy 30. Notwithstanding anything in this Ordinance, a licensee, upon giving, except in cases of emergency, at least twenty-four hours’ notice to consumers whose supply it is intended to discontinue aw temporarily, may (a) whenever unable for any reason to maintain a continuous supply of energy to all his consumers, so far as the public interest demands and without undue preference as between his consumers, discontinue to supply some or all of his consumers Sar for such period as will enable the best use, in the public interest and in the interest of his consumers, to be made of the energy available; or For Reference Only 32 CAP. 50 (b) discontinue to supply energy for short periods whenever it becomes necessary for the purpose of carrying out an inspection or repairs or of making new connections. t Prohibition of employment of children 31.(1) No licensee or management shall employ or permit to Ne be employed, on any service involving management of, attendance on or proximity to live apparatus not effectively insulated, any person under the age of sixteen years. (2) Any person who contravenes this section shall be guilty of an offence: Penalty, a fine of one thousand ringgit. Power to delegate Law 32.(1) The Yang di-Pertua Negeri may delegate all or any of the powers conferred on him by this Ordinance or its rules to any person, subject to such conditions and limitations as he may see fit to impose, and may revoke that delegation. (2) The Director may, with the approval of the Yang di-Pertua Negeri, delegate all or any of the powers conferred on him by this Ordinance or its rules to any person, subject to such conditions and ak limitations, as the Yang di-Pertua Negeri may see fit to impose, and the Director may, with like approval, revoke that delegation. [Am. Cap. A109.] (3) The Director of Lands and Surveys may delegate to any aw Superintendent of Lands and Surveys all or any of the powers conferred on him by this Ordinance, subject to such conditions and limitations, as he may see fit to impose, and may revoke that delegation. (4) A delegation of powers under this section shall not in any Sar way prejudice the right of the Yang di-Pertua Negeri, the Director or the Director of Lands and Surveys, as the case may be, to exercise those powers himself. [Am. Cap. A109.] For Reference Only ELECTRICITY 33 Power of investigation 32A. An Inspector or a police officer or any person authorized in writing by the Director (in this Ordinance referred to as an “authorized person”) shall have the power to investigate the commission of any t offence under this Ordinance or its rules. Ne [Ins. Cap. A36; Am. Cap. A81; Am. Cap. A109.] Power of entry by warrant or otherwise, inspection, examination, seizure, etc. Law 32B.—(1) An Inspector may, for the purposes of discharging any of his duties or carrying out any of his functions under this Ordinance or its rules, or otherwise for any of the purposes of this Ordinance or its rules, enter at any reasonable time upon any land, house or building with or without supply of energy to inspect and examine any part of an installation or equipment, or for other proper cause. (2) In every case where information is given on oath to a Magistrate that there is reasonable cause for suspecting that there is in ak any land, house or building any article, thing, book, document, installation or part of it used or intended to be used in relation to which any offence under this Ordinance has been committed, he shall issue a warrant under his hand by virtue of which any Inspector or police officer or any authorized person named or referred to in the aw warrant may enter the land, house or building at any reasonable time by day or night, and search for and seize or seal any such article, thing, book, document, installation or part of it: Provided that if an Inspector or police officer or any authorized person is satisfied upon information received that he has reasonable Sar grounds for believing that by reason of delay in obtaining a search warrant, any article, thing, book, document, installation or part of it used to commit or to be used to commit an offence under this Ordinance is likely to be removed or destroyed, he may enter that land, house or building without a warrant, and seize or seal any such article, thing, book, document, installation or part of it inside there. For Reference Only 34 CAP. 50 (3) An Inspector or a police officer or any authorized person making the search may seize any article, thing, book, document, installation or part of it used or intended to be used or capable of being used for the purpose of committing an offence under this Ordinance t and if that article, thing, book, document, installation or part of it is Ne seized, he shall produce it before a Magistrate, and upon the production the Magistrate shall direct it to be kept in the custody of the Inspector or the police or the authorized officer for the purpose of any investigation or prosecution under this Ordinance. (4) Any Inspector or police officer or any authorized person may in the exercise of his powers under subsection (2) or (3), if it is necessary so to do,— Law (a) break open any outer or inner door of the dwelling house or any other premises and enter into it; (b) forcibly enter the place and every part of it; (c) remove by force any obstruction to entry, search, seizure and removal as he is empowered to effect; and (d) detain every person found in the place until the place ak has been searched. (5) An Inspector or police officer or any authorized person seizing any article, thing, book, document, installation or part of it under subsection (2) or (3) shall prepare a list of the things seized and aw immediately deliver a copy signed by him to the occupier, or his agents or servants present in the premises; and if the premises are unoccupied, that Inspector or police officer or that authorized person shall wherever possible post a list of the things seized on the premises. (6) An Inspector shall at all time carry an official identification Sar card or badge in such form as may be p