447 - ELECTRICITY SUPPLY ACT 1990

Electricity Supply 1 LAWS OF MALAYSIA REPRINT Act 447 ELECTRICITY SUPPLY ACT 1990 As at 1 November 2023 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2023 2 Laws of Malaysia Act 447 ELECTRICITY SUPPLY ACT 1990 Date of Royal Assent … … … 22 August 1990 Date of publication in the Gazette … … … 30 August 1990 Latest amendment made by Act A1501 which came into operation on … … … 1 January 2016 Previous Reprints First Reprint … … … 2001 Second Reprint … … … 2006 Electricity Supply 3 LAWS OF MALAYSIA Act 447 ELECTRICITY SUPPLY ACT 1990 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title, commencement and application 2. Interpretation Part II ESTABLISHMENT 3. (Deleted) Part III FUNCTIONS, DUTIES AND POWERS OF COMMISSION 4. Functions and duties 4a. Authorized officer 5. Power of entry by warrant or otherwise, inspection, examination, seizure, etc. 5a. Cost of holding things seized 5b. Release of things seized 6. Powers of investigation 7. (Deleted) 8. Obstruction, etc. an offence 4 Laws of Malaysia Act 447 Part IV LICENSED AND REGISTERED INSTALLATIONS Section 9. Licence required for use of installations: terms, conditions and contents of licences 9a. Obligation to submit business plan 9b. Requirements on licensing 9c. Standards of performance of supply and services by licensees 9d. Proper annual accounts by licensee 9e. Arrangement for procurement of electricity 10. Power to enter on and examine land 11. Power to enter on land for purposes of construction 12. Supply lines and other equipment on State land 13. Maintenance, repair and upgrading of installation 14. Removal or alteration of supply line, etc. 15. Saving of wayleave agreements 16. Compensation 17. Reduction or cessation of supply: liability 18. Security: suspension of and revocation of licence 19. Restriction of use to specified purposes 20. Exemption of equipment from distress and attachment 21. Registration of installations 22. Periodical inspections of installations 22a. System Operator 22b. Single Buyer Part V COMPETENT CONTROL 23. Persons in charge Electricity Supply 5 Part Va EFFICIENT USE OF ELECTRICITY Section 23a. Minister to determine standards, etc. 23b. Installation to meet requirements 23c. Equipment to meet requirements 23d. Registration of person providing service relating to efficient use of electricity Part VI SUPPLY BY LICENSEE 24. Duty to supply on request 25. Exceptions to duty to supply electricity 26. Power to fix tariffs and charges 26a. Licensee may levy surcharge 27. Power to recover expenses 28. Power to require security 28a. Return of security with interest 28b. Supply agreement with consumer 29. Special agreement with respect to supply 30. Determination of dispute 30a. Notification of dispute and binding decision by the Commission 30b. Register of decisions 31. Fixing of maximum prices for reselling electricity 32. Charge for supply of electricity to be ascertained by appropriate meter Part VII NOTIFICATION OF ACCIDENT OR FIRE 33. Serious accidents to be reported and investigated by the Commission 6 Laws of Malaysia Act 447 Part VIIa SAFETY OF INSTALLATION AND EQUIPMENT Section 33a. Responsibilities of licensee for safety 33b. Responsibilities of non-domestic electrical installation owner or operator, licensee for retail and licensee for a private installation for safety 33c. Undertaking electrical work 33d. Responsibilities relating to non-electrical work 33e. Compliance inspection 33f. Interpretation Part VIII ENQUIRY AND ARBITRATION 34. Procedure in relation to enquiry and arbitration 35. Power of holding enquiry 36. Arbitration Part IX OFFENCES AND PENALTY 37. Offences 37a. Offence committed by body corporate 37b. Offence of attempt and abetment 38. Disconnection of supply of electricity 39. Liabilities unaffected 40. Onus of proof 41. Compensation for damage 42. Prosecution 43. Compounding 44. Reward for information 44a. Use of supply line, etc., for purposes of communications under the Communications and Multimedia Act 1998 Electricity Supply 7 Part IXa ELECTRICITY INDUSTRY FUND Section 44b. Contribution by licensee 44c. Electricity Industry Fund 44d. Investment 44e. Accounts Part X GENERAL 45. Precautions in execution of work 45a. Audit of licensees and non-domestic electrical installations owners or operators 45b. Determination of standards of installation or equipment 45c. Keeping of records and documents 46. Electrical interference with Government signalling lines 47. Precautions against atmospheric electricity 48. Restriction of connection with the earth 49. Procedure in case of dangerous defect in installation or part thereof 50. Prohibition of employment of children 50a. Development of codes by the Commission and compliance of the codes 50b. Retention of documents by Commission 50c. Guidelines or directions by Commission 50d. Variation, review or revocation of codes, guidelines or directions by the Commission 50e. Offence for non-compliance with codes, guidelines or directions of the Commission 50f. Register of codes, guidelines or directions 51. Special powers of emergency 52. Power to declare sources of water 52a. Supply infrastructure information security 52b. Obligation to give information 8 Laws of Malaysia Act 447 Part XI POWER TO MAKE REGULATIONS Section 53. Power to make regulations Part XII MISCELLANEOUS 54. Exemptions 55. Transitional provision and restrictions attached to licences issued prior to this Act 56. Repeal of Electricity Act 1949 and Electrical Inspectorate Act 1983 and savings in respect thereof first schedule second schedule third schedule Electricity Supply 9 LAWS OF MALAYSIA Act 447 ELECTRICITY SUPPLY ACT 1990 An Act to provide for the regulation of the electricity supply industry, the supply of electricity at reasonable prices, the licensing of any electrical installation, the control of any electrical installation, plant and equipment with respect to matters relating to the safety of persons and the efficient use of electricity and for purposes connected therewith. [1 September 1990, P.U. (B) 494/1990] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: Part I PRELIMINARY Short title, commencement and application 1. (1) This Act may be cited as the Electricity Supply Act 1990 and shall come into force on such date as the Minister may, by notification in the Gazette, appoint. *(2) This Act shall apply throughout Malaysia; however the Minister may by order suspend the operation of the whole or any of the provisions of this Act in any State. *NOTE—The operation of the whole of the Electricity Supply Act 1990 [Act 447] is suspended in the State of Sarawak with effect from 1 September 1990—see P.U. (A) 272/1990. 10 Laws of Malaysia Act 447 Interpretation 2. In this Act, unless the context otherwise requires— “aerial line” means an electric supply line which is placed above the ground and in open air, and includes service lines; “arbitration” means arbitration under and in accordance with section 36; “area of supply” means the area within which a supply authority or licensee is authorized to generate and/or supply electricity; “authorized officer” means any public officer or officer of the Commission who is authorized in writing by the Minister for the purposes of this Act; “authorized person” means a person appointed by the management or the owner of an installation, or by a contractor, acting as an agent for and/or on behalf of the management or owner, to carry out certain duties incidental to the generation, transmission, distribution and utilization of electricity: Provided that the said person possesses the qualifications prescribed for persons performing those duties, or if no qualifications are prescribed, is competent for the purpose for which, he is employed, the burden of proof of competency being on the employer; “Chairman” means the Chairman of the Energy Commission appointed by the Minister under the Energy Commission Act 2001 [Act 610]; “Chief Executive Officer” means the Chief Executive Officer of the Commission; “Commission” means the Energy Commission established under the Energy Commission Act 2001; “communications” has the meaning assigned to it under the Communications and Multimedia Act 1998 [Act 588]; Electricity Supply 11 “competent person” means a person who holds a certificate of competency issued by the Commission to perform work in accordance with the restrictions, if any, stated in the certificate; “conductor” means an electrical conductor arranged to be electrically connected to a system; “consumer” means a person who is supplied with electricity or whose premises are for the time being connected for the purpose of supply of electricity by a supply authority or a licensee; “consumer electrical equipment” means an appliance, product, wires, device, accessory or any part thereof, that uses low voltage electricity that— (a) is sold to the public; or (b) does not require special skill in its operation; “conversion” means the conversion of alternating current to direct current or vice versa by static or dynamic means; “danger” means danger to health or to human life or limb from shock, burn, or other injury and includes danger to property, installation or equipment resulting from the generation, transmission, distribution or utilization of electricity; “dead”, applied to any system or part of a system, means that it is not live or alive; “dishonestly” has the meaning assigned thereto in the Penal Code [Act 574]; “District Land Administrator” has the meaning assigned to “Land Administrator” by section 5 of the *National Land Code [Act 56 of 1965] and the meaning of “Collector” by section 4 of the Land Ordinance of Sabah [Sabah Cap. 68] and for the State of Sarawak, “the Director” by section 2 of the Land Code of Sarawak [Sarawak Cap. 81]; “electrical product” means any equipment, device or appliance other than consumer electrical equipment; *NOTE— National Land Code [Act 56 of 1965] has since been revised as the National Land Code [Act 828] w.e.f 15 October 2020. 12 Laws of Malaysia Act 447 “electrical work” means any work performed or carried out on an electrical installation and includes the installing, constructing, erecting or repairing, the altering of the structure, the replacing of any of its parts, the adding of any part to it or the carrying out of any work for the purposes of its maintenance, but does not include work in relation to— (a) the manufacturing of an electrical installation or the assembling in the course of, or in connection with, its manufacture for the purpose of producing a new article; or (b) the oiling, greasing, cleaning or painting of an electrical installation; “electricity” means electrical energy or electrical power when generated, produced, transmitted, distributed, supplied or utilized for any purpose except for the transmission of any communication or signal; “electricity distribution network” means a system or part of a system at nominal voltage below 66 kilovolts of electric lines or cables, substations and associated equipment and buildings for distributing electricity regardless of whether a generating plant is connected to such system; “electricity supply infrastructure” means the licensee’s— (a) generating station; (b) main supply lines and supply lines; (c) substations for converting, transforming or controlling electricity; (d) equipment for metering, monitoring or controlling electricity; and (e) any wires, equipment and passages including tunnels and cavities or others used for, or in connection with, the generation, transmission, distribution or supply of electricity; Electricity Supply 13 “electricity transmission network” means a system or part of a system at nominal voltage of 66 kilovolts and above of main supply lines or cables, substations and associated equipment and building used for conveying electricity— (a) from a generating station to a substation; (b) from one generating station to another; (c) from one substation to another; (d) to or from any interconnection point; or (e) to the final consumer; “equipment” includes any item for such purposes as generation, conversion, transmission, distribution or utilization of electrical energy or communications such as machines, transformers, apparatus, measuring instruments, protective devices, wiring materials, accessories, electrical product, consumer electrical equipment and appliances; “generating station” means any station for generating electricity, including any building and plant used for the purpose, and the site thereof, and includes a site intended to be used for a generating station, but does not include any station for transforming, converting, or distributing electricity; “generator” means a rotating machine of any type for changing mechanical energy into electrical energy; “grievous hurt” and “hurt” have the meanings assigned thereto respectively in the Penal Code; “installation” means the whole of any plant or equipment under one ownership or, where a management is prescribed, the person in charge of the same management, designed for the supply or use, or both, as the case may be, of electricity; including prime movers, if any, with all necessary plant, buildings and land in connection therewith, pipe line, supply line, electricity supply infrastructure, domestic and non-domestic electrical installation and consuming apparatus, if any; 14 Laws of Malaysia Act 447 “insulated” means covered or protected by insulating material; “insulating”, used as an epithet to characterize any substance, means of such size, quality and construction, according to circumstances, as to afford adequate protection from danger; “licence” means a licence issued under section 9 and includes any licence issued under any other law enforced before the promulgation of this Act; “licensee” means a person licensed under section 9; “live” or “alive”, applied to a system or any part of any system, means that a voltage exists between any conductor and earth or between any two conductors in the system; “mains” means a supply line through which electricity is or can be supplied, whether the line is in use or not; “main supply line” means any high voltage or extra high voltage supply line for transmitting electricity from a generating station to another generating station or to a substation and includes any building or part of a building used in connection with such supply line; “management” means the person for the time being placed in charge of an installation; “meter” means any appliance, instrument, equipment or device used for the purpose of measuring and recording the amount of electrical energy or maximum demand or power factor or any combination; “Minister” means the Minister for the time being charged with the responsibility for matters relating to the supply of electricity; “motor” means a motor of any type for the transformation of electrical energy into mechanical energy; “power factor” means the ratio of active power to the apparent power; Electricity Supply 15 “power quality” means the characteristics of the electricity at a given point on an electrical system, evaluated against a set of reference technical parameters such as voltage and current magnitude, frequency or waveform; “power system” means a combined system consisting of an electricity transmission network, electricity distribution network and generating stations connected to the electricity transmission network and includes part of such system; “prescribed”, unless otherwise specified, means prescribed by regulations made under section 53; “prime mover” means a machine supplying mechanical energy to a generator; “private installation” means an installation operated by a licensee or owner solely for the supply of electricity to and use thereof on the licensee’s or owner’s own property or premises, or, in the case of a consumer, taking electricity from a public installation or supply authority, for use only on the licensee’s or owner’s property or premises; “private safety” means the obviation of danger to individuals or to private property; “public installation” means an installation operated by a licensee for the supply of electricity to any person other than the licensee: Provided that the licensee may use electricity for his own purposes where the use is consistent with the terms of the licence; “public lamp” means an electric lamp used for the lighting of any street or other public place; “public safety” means the obviation of danger to the general public, to public property and to streets, railways, airports, ports, canals, docks, wharves, piers, bridges, gasworks and their appurtenances and telegraphic, telephonic and other electrical signalling lines owned or operated by the Federal Government or any State Government; “Registrar” means the Registrar as defined in the National Land Code; 16 Laws of Malaysia Act 447 “reserved land” means land reserved for a public purpose, railway reserves and forest reserves; “retail” means the activity of supplying and selling of electricity to end consumers; “ring fence” means identifying and isolating the activities, assets, costs, revenues and service obligations of a System Operator or a Single Buyer from the licensee referred to in sections 22a and 22b respectively through accounting, financial or legal separation or other means as determined by the Commission so as to ensure that the management of the System Operator or Single Buyer is capable of acting independently from activities under the licence of the licensee and to facilitate effective competition and enhance transparency in the operations of the power system; “Single Buyer” means any person or a unit, department or division forming part of a licensee who is authorized under subsection 22b(1) responsible for the management of procurement of electricity and related services, which includes planning, scheduling, procuring and settlement, and any other function as may be prescribed; “State land” does not include reserved land and alienated land; “street” includes any way, road, lane, path, square, court, alley, passage or open space, whether a thoroughfare or not, over which the public have a right of way and also the roadway and footway over any public bridge; “supply authority” means any statutory authority established by an Act of Parliament or any other law to generate and/or supply electricity; “supply line” means a conductor or conductors or other means of conveying, transmitting or distributing electricity, together with any casing, coating, covering, tube, pipe, insulator or post enclosing, surrounding or supporting the same or any part thereof, or any building or equipment connected therewith for the purpose of transforming, conveying, transmitting or distributing electricity; “system” means an electrical system in which all the conductors and equipment are electrically or magnetically connected; Electricity Supply 17 “System Operator” means any person or a unit, department or division forming part of a licensee who is authorized under subsection 22a(1) responsible for system security, operational planning, dispatch of generating units, real time operation and control of the power system and any other function as may be prescribed; “transformation” means the transformation of voltage from lower to a higher voltage or vice versa. Part II ESTABLISHMENT 3. (Deleted by Act A1116). Part III FUNCTIONS, DUTIES AND POWERS OF COMMISSION Functions and duties 4. The Commission shall carry out such functions and duties as follows: (a) to issue licences under section 9 of this Act; (b) to exercise regulatory functions in respect of the service of providing electricity by the licensee including the determination of supply and services standards, performance standards and standards of facilities and services and the enforcement thereof; (c) to promote competition in the generation and supply of electricity to, inter alia, ensure the optimum supply of electricity at reasonable prices; (d) to exercise regulatory function in respect of the consumers’ interests and the enforcement in respect of— (i) the prices to be charged and the other conditions of electricity supply; 18 Laws of Malaysia Act 447 (ii) the continuity of electricity supply; (iii) the quality of the electricity supply services provided; and (iv) the quality of electricity supply which includes reliability and power quality; (e) to secure that all reasonable demands for electricity are satisfied; (ea) to regulate the activities of the licensee so that all reasonable demands for electricity are satisfied; (f) to ensure that licensees are able to finance the carrying on of the activities which they are authorized by their licences to carry on; (g) to promote and encourage the generation of electricity with a view to the economic development of Malaysia; (ga) to promote the establishment and maintenance of safe and efficient systems for electricity generation, transmission, distribution and supply to consumers and the continued improvement of safety requirements; (gb) to enforce standards for electrical installations and licensee’s electricity supply infrastructure, electrical products and consumer electrical equipment; (h) to regulate the interval and manner in which any electrical installation or equipment shall be inspected; (i) to devise the nature of test to be employed and to prescribe minimum qualifications and practical experience for any purpose in the pursuance of this Act; (j) to investigate any accident or fire involving any electrical installation; (k) to provide, where necessary, for the registration of any installation, person providing service relating to efficient use of electricity, private wiring unit, electrical contractor, electrical services contractor, electrical repair contractor, Electricity Supply 19 manufacturer and importer, training and examination center or institution, conformity assessment bodies and any competent person, as may be prescribed; (l) to prescribe the minimum standards and specifications and appraise and approve, where necessary, any electrical installation or equipment; (la) to promote the efficient use of electricity; (lb) to review or audit any of the information which a licensee is required to furnish to the Commission; (lc) to audit or cause to be audited activities of any licensee or any other person determined by the Commission; and (m) to carry on all such other activities as may appear to the Commission requisite, advantageous or convenient for the purpose of carrying out or in connection with the performance of his functions and duties under this Act. Authorized officer 4a. (1) The Minister may in writing authorize any public officer or officer of the Commission to exercise the powers of enforcement under this Act. (2) Any such officer shall be deemed to be a public servant within the meaning of the Penal Code. (3) In exercising any of the powers of enforcement under this Act, an authorized officer shall on demand produce to the person against whom he is acting the authority issued to him by the Minister. Power of entry by warrant or otherwise, inspection, examination, seizure, etc. 5. (1) An authorized officer may, for the purposes of discharging any of his duties or carrying out any of his functions under this Act or any regulation made thereunder, or otherwise for any of the purposes of this Act or any regulation, enter at any reasonable 20 Laws of Malaysia Act 447 time upon any land, house or building with or without supply of electricity 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 any magistrate that there is reasonable cause for suspecting that there is in any land, house or building any article, thing, book, document, installation or part thereof used or intended to be used in relation to which any offence under this Act has been committed, he shall issue a warrant under his hand by virtue of which any authorized officer or police officer not below the rank of Inspector named or referred to in the 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 thereof: Provided that if an authorized officer or police officer not below the rank of Inspector is satisfied upon information received that he has reasonable grounds for believing that by reason of delay in obtaining a search warrant, any article, thing, book, document, installation or part thereof used to commit or to be used to commit an offence under this Act is likely to be removed or destroyed, he may enter such land, house or building without a warrant and seize or seal any such article, thing, book, document, installation or part thereof from therein. (3) An authorized officer or a police officer not below the rank of Inspector making the search may seize any article, thing, book, document, installation or part thereof used or intended to be used or capable of being used for the purpose of committing an offence under this Act and if such article, thing, book, document, installation or part thereof is seized, he shall produce the same before the magistrate, and upon such production the magistrate shall direct the same to be kept in the custody of the authorized officer or the police for the purpose of any investigation or prosecution under this Act. (4) Any authorized officer or police officer not below the rank of Inspector may in the exercise of his powers under subsection (2) or (3), if it is necessary so to do— (a) break open any outer or inner door of the dwelling house or any other premises and enter thereinto; Electricity Supply 21 (b) forcibly enter the place and every part thereof; (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 has been searched. (5) The authorized officer or police officer not below the rank of Inspector seizing any article, thing, book, document, installation or part thereof under subsection (2) or (3) shall prepare a list of the things seized and forthwith deliver a copy signed by him to the occupier, or his agents or servants present in the premises and if the premises are unoccupied, such authorized officer or police officer shall wherever possible post a list of the things seized on the premises. (6) An authorized officer shall at all times carry an official identification card or badge in such form as may be prescribed, and no person shall be obliged to admit to his land, house or building any person purporting to be an authorized officer except upon production of the identification card or badge. Cost of holding things seized 5a. Where any equipment, instrument, material, book, record, account, document, goods or thing seized under this Act or its subsidiary legislation is held in the custody of the Government or the Commission pending completion of any proceedings in respect of an offence under this Act or its subsidiary legislation, the cost of holding such equipment, instrument, material, book, record, account, document, goods or thing in custody shall, in the event of any person being found guilty of an offence, be a debt due to the Government or the Commission, as the case may be, by such person and shall be recoverable accordingly. Release of things seized 5b. (1) If any equipment, instrument, material, book, record, account, document, goods or thing has been seized under this Act, the authorized officer who effected the seizure, may at any time after that, with the consent of the Public Prosecutor, release the 22 Laws of Malaysia Act 447 equipment, instrument, material, book, record, account, document, goods or thing to the person as he determines to be lawfully entitled to the equipment, instrument, material, book, record, account, document, goods or thing if he is satisfied that the equipment, instrument, material, book, record, account, document, goods or thing is not otherwise required for the purpose of any proceedings under this Act or its subsidiary legislation, or for the purpose of any prosecution under any other written law, and in such event, neither the officer effecting the seizure, nor the Government, the Commission or any person acting on behalf of the Government or the Commission shall be liable to any proceedings by any person if the seizure and the release of the equipment, instrument, material, book, record, account, document, goods or thing had been effected in good faith. (2) A record in writing shall be made by the authorized officer effecting the release of anything under subsection (1) specifying in detail the circumstances of and the reason for the release and send a copy of the record to the Public Prosecutor. Powers of investigation 6. (1) The Commission shall have the power to investigate the commission of any offence under this Act or any regulation made thereunder. (2) The Commission may, in relation to any investigation in respect of any offence committed under this Act or any regulation made thereunder, exercise the special powers in relation to police investigation except that the power to arrest without warrant given by the Criminal Procedure Code [Act 593] in any seizable offence may not be exercised by the Commission. 7. (Deleted by Act A1501). Obstruction, etc. an offence 8. Any person who— (a) refuses any authorized officer or police officer not below the rank of Inspector access to any place; Electricity Supply 23 (b) assaults, obstructs, hinders or delays any authorized officer or police officer not below the rank of Inspector in effecting any entry which he is entitled to effect under this Act, or in the execution of any duty imposed or power conferred by this Act; (c) refuses to give to any authorized officer or police officer not below the rank of Inspector any information relating to an offence or suspected offence under this Act or any other information which may reasonably be required of him and which he has in his knowledge or power to give; (ca) refuses to give any officer of the Commission any information which may reasonably be required of him and which he has in his knowledge or power to give relating to any matter under the functions, duties and powers of the Commission under section 4; or (d) knowingly gives false information, commits an offence and on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both. Part IV LICENSED AND REGISTERED INSTALLATIONS Licence required for use of installations: terms, conditions and contents of licences 9. (1) Subject to any exemptions as may be granted under this Act, no person, other than a supply authority, shall— (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 electricity from any installation, except under and in accordance with the terms and conditions of a licence as may be prescribed authorizing the supply or use, as the case may be. 24 Laws of Malaysia Act 447 (2) Licences may be granted by the Commission with the approval of the Minister upon payment of such fees and upon such terms and conditions as appear to be requisite or expedient having regard to the duties imposed by section 4. (2a) The Commission may, whether a notice has been served or not, levy a surcharge for the late payment of fees due to from a licensee to the Commission, at a rate of one per cent per month or part of a month on such fees or at any other rate as may be prescribed. (2b) Notwithstanding subsection (2), the Commission may grant a licence upon payment of fees and upon such conditions as appear to be requisite or expedient having regard to the duties imposed by section 4 in respect of any installation as may be prescribed. (2c) The Commission may, from time to time, issue codes, guidelines or directions in respect of any installation. (3) No licence shall be capable of being transferred unless the written consent of the Minister has been given. (4) Licences may be for such periods as the Commission may in each several case approve: Provided that no licence shall without the express approval of the Minister be for a period exceeding twenty-one years. (5) The duration of any licence shall be set out therein. (6) Any licence for a public installation shall set out— (a) the area of supply; (b) the declared voltage and the variations permitted there from; (c) the maximum charges payable by consumers; and (d) such other matters as the Commission may consider necessary. Electricity Supply 25 (7) The Commission may, with the approval of the Minister, at any time— (a) impose any additional terms or conditions on the licences, including existing licences; or (b) amend any terms or conditions imposed on the licences, in accordance with the procedure as may be prescribed. Obligation to submit business plan 9a. (1) The Commission may request any licensee to submit a five year, or such other period as determined by the Commission, rolling business plan updated on an annual basis or any other time period as determined by the Commission according to procedures provided in the guidelines issued by the Commission. (2) Any licensee who contravenes this section commits an offence. Requirements on licensing 9b. (1) Notwithstanding any other provisions of this Act, if at any time it appears to the Commission that a licensee has failed to comply with any requirement of or to meet any of its duties or obligations under this Act or its subsidiary legislation or the conditions of the licence, the Commission may require the licensee to rectify the failure or to comply with the requirements, duties or obligations or licence conditions within a specified period. (2) The licensee referred to in subsection (1) shall take all reasonable measures to comply and submit periodic compliance reports on the measures taken to the satisfaction of the Commission. (3) Any licensee who contravenes this section commits an offence. 26 Laws of Malaysia Act 447 Standards of performance of supply and services by licensees 9c. (1) The Commission may, from time to time, issue codes, guidelines or directions on such standards of performance of supply and services to be implemented by a licensee including procedures for— (a) reasonably meeting consumer requirements; (b) handling consumer complaints and disputes; (c) procedures for the compensation of consumers in case of a breach of the standards of performance or a breach of any of the licensee’s obligations under the Act; and (d) the protection of consumer information. (2) Any action taken by the Commission pursuant to this section in respect of any failure by any licensee to meet the standards referred to in subsection (1), shall not prejudice or affect any other remedy which may be available in respect of the act or omission of the licensee which constituted that failure under any other law including the Consumer Protection Act 1999 [Act 599]. (3) The Commission may direct the licensee to provide any information on the levels of performance achieved and services provided in respect of the standards referred to in subsection (1) to consumers or potential consumers. (4) A licensee shall publish its own standards of consumer services in accordance with the codes, guidelines or directions referred to in subsection (1). (5) Any licensee who contravenes this section commits an offence. Proper annual accounts by licensee 9d. (1) The licensee shall keep and maintain proper annual accounts of activities under the licence containing sufficient details as may be required of any revenues, costs, assets, liabilities, reserves or any other related matters. Electricity Supply 27 (2) The accounts shall also be in accordance with any guidelines or directions as the Commission may, from time to time, issue to the licensee and such accounts shall be submitted to the Commission accordingly. Arrangement for procurement of electricity 9e. In exercising its functions under paragraph 4(d), any arrangement by licensees or the Single Buyer for the procurement of electricity through the electricity transmission network, shall be subject to the approval of the Commission. Power to enter on and examine land 10. (1) Whenever it appears to the licensee that it will be necessary for him to exercise the powers conferred upon him by this Act in respect of any land other than State land for the purpose of constructing an installation or part of an installation, the licensee or any person authorized by him may, after giving not less than twenty-four hours notice to the occupier thereof, if any, enter upon the land, survey and take levels and do any other acts necessary to ascertain the suitability of the land, in so far as the same may be possible without causing damage or disturbance. (2) Nothing herein contained shall be deemed to authorize any person to cut down or clear away any vegetation or any fence or other erection or to enter into any building or upon any enclosure attached to any building. (3) In the case of reserved land, the notice under subsection (1) may be given to the officer or any other person in charge of the reserved land or, in the absence of any such officer or person, to the District Land Administrator. Power to enter on land for purposes of construction 11. (1) Subject to as hereinafter provided, whenever it is necessary so to do for the purpose of installing any system of distribution of electricity under this Act, a licensee may lay, place or carry on, under or over any land, other than State land, such posts and 28 Laws of Malaysia Act 447 other equipment as may be necessary or proper for the purposes of the licensed installation, as the case may be, and may take such other action as may be necessary to render the installation safe and efficient, paying full compensation in accordance with section 16 to all persons interested for any disturbance, damage or disability that may be caused thereby and such compensation may include an annual payment for land used for the purpose of the posts or other equipment. (2) Before entering on any land for the purpose specified in subsection (1), the licensee shall give a notice stating as fully and accurately as possible the nature and extent of the acts intended to be done. The notice shall be substantially in the form set out in the First Schedule and the District Land Administrator shall specify a date upon which the State Authority shall inquire into any objection that may have been made as herein after provided. (3) The aforesaid notice shall be given— (a) in the case of alienated land, to the owner or occupier; (b) in the case of reserved land, to the officer or any other person in charge of the reserved land or, in the absence of any such officer or person, to the District Land Administrator, and may be sent by registered post or be left at the usual or last known place of abode of the person to whom it is to be given or served by the licensee or the District Land Administrator at the expense of the licensee, either in the manner herein before provided or in the manner provided for the service of notices by any written law relating to land in force in the State where the land is situated. (4) Any of the persons mentioned in subsection (3) may, within fourteen days of the receipt of the notice therein referred to, lodge an objection to the intended acts of the licensee. The objection may be made to the District Land Administrator, either verbally or in writing, and the District Land Administrator shall give notice of the objection to the State Authority and to the licensee. Electricity Supply 29 (5) If no objection is lodged within the time limited for that purpose by subsection (4), the licensee may forthwith enter on the land and do all or any of the acts specified in the notice given under subsection (2). (6) If an objection is lodged and is not withdrawn before the date fixed for the hearing thereof, the District Land Administrator shall hold an enquiry, giving all parties an opportunity to be heard. (7) Upon the conclusion of the enquiry the District Land Administrator may either unconditionally or subject to such terms, conditions and stipulations as he thinks fit, make an order authorizing or prohibiting any of the acts mentioned in the notice given under subsection (2). The order shall be substantially in the form set out in the Second Schedule: Provided that any party who is dissatisfied with the District Land Administrator’s order may within twenty-one days after the order appeal against such an order to the State Authority which may then uphold, set aside or vary the order upon such terms, conditions and stipulations as it thinks fit. (8) The State Authority may, if it thinks fit, in lieu of making an order under subsection (7), direct the acquisition of any land or part of any land included in a notice given under subsection (2). (9) The decision of the State Authority under this section shall be final. (10) Notwithstanding any written law relating to land matters, the Registrar— (a) upon the production to him of the notice issued by the licensee under subsection (2) together with the statement by the District Land Administrator that no objection had been lodged by any of the persons mentioned in subsection (3); or (b) upon the production to him of the original order made under subsection (7) and upon the deposit with him of a certified copy of such order, shall cause to be made on the register document of title relating to the land affected by the notice or order as the case may be, a note of the existence of the rights under such notice or order. 30 Laws of Malaysia Act 447 Supply lines and other equipment on State land 12. (1) Subject to the approval of the State Authority and to such conditions as the State Authority may deem proper, a licence may extend to authorizing the licensee to lay, place or carry on, under or over State land, such supply lines and to erect and maintain in or upon State land such posts and other equipment as may in the opinion of the Commission be necessary or proper for the purposes of the licensed installation. (2) All equipment placed in or upon State land which is not removed therefrom within six months, or such longer period as the State Government may permit, after the expiration or early determination of the licence under the authority whereof the same was so placed, shall vest in and become the property of the Government of the State wherein the same is situated. Maintenance, repair and upgrading of installation 13. Whenever it is necessary so to do for the purpose of maintaining, repairing or upgrading any licensed installation or any part thereof, the licensee, or any person authorized by him in that behalf, may at all reasonable times enter upon any land on, under or over which supply lines have been laid, placed or carried, or upon which posts or other equipment have been erected, and may carry out all necessary repairs, and may, in the course thereof, fell or lop trees, remove vegetation and do all other things necessary to the said purpose, causing as little damage as possible and paying full compensation in accordance with section 16 to all persons interested for any damage that may be caused thereby for which compensation has not already been assessed under section 11. Removal or alteration of supply line, etc. 14. (1) Where a supply line has been laid, or posts or equipment erected, on any land under section 11, and if any of the persons mentioned in subsection 11(3) desires to use the land in such a manner as to render it necessary or convenient that the line, posts or equipment should be removed to another part of the land, or to land at a higher or lower level, or be altered in form, he may require the licensee, to remove or alter the line, posts or equipment accordingly. Electricity Supply 31 (2) (a) If the licensee omits to comply with the requisition, the person may apply in writing to the State Authority which may, in its discretion, after enquiring into all the facts of the case, reject the application or make an order, either absolutely or subject to certain conditions, for the removal or alteration of the line, posts or equipment. The order shall 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 State Authority may consider equitable in the circumstances of the case. (b) The State Authority may, instead of itself enquiring into a case under this subsection, direct the District Land Administrator to make such enquiry on its behalf and to make recommendations to it. (3) Whenever the State Authority has made an order for the removal or alteration of any main supply line, the licensee may, instead of removing or altering the supply line, apply to the State Authority to direct the acquisition of such land as is required for the purposes of the line, and the State Authority may direct the acquisition accordingly. (4) Whenever the State Authority is authorized by this section to direct the acquisition of any land, the licensed installation shall be deemed to be a work of public utility and any written law relating to land acquisition in force in the State where the land is situated shall be enforced accordingly. (5) Whenever a supply line has been laid, or posts or equipment erected on State land by a licensee and the land is subsequently alienated to any person, the owner or occupier of the land may, unless the terms of alienation expressly provide otherwise, require the removal of the supply line to another part of the land, or to land at a higher or lower level, or the alteration of the line, posts or equipment, and subsections (1) to (4) shall apply to any such requisition: Provided that the cost of executing the removal or alteration shall be defrayed by the person making the requisition. 32 Laws of Malaysia Act 447 Saving of wayleave agreements 15. (1) Nothing in section 11 or section 14 shall— (a) affect the right of a licensee to enter into an agreement, commonly known as a wayleave agreement, with the owner or occupier of any land for the purpose of carrying a supply line across the land; or (b) affect any such wayleave agreement subsisting at the commencement of this Act. (2) Notwithstanding any written law relating to land, the Registrar, upon the production to him of the original and the deposit with him of a certified copy of any such wayleave agreement as is referred to in subsection (1), shall cause to be made on the register document of title relating to the land affected by the wayleave agreement a note of the existence of the wayleave agreement. (3) Where a wayleave agreement relates to land which is a holding included in the Interim Register— (a) subsection (2) shall apply as if “Commissioner” and “appropriate folio of the Interim Register” were substituted for “Registrar” and “register document of title” respectively; and (b) when final documents of title are issued for the land under section 39 of the National Land Code (Penang and Malacca Titles) Act 1963 [Act 518], any note made pursuant to that subsection as varied by paragraph (a) shall (if it is still effective immediately before the issue of those documents) be entered by the Commissioner on the register document of title and shall continue to have effect as if it had been entered under that subsection.

(4) So long as there remains on the register document of title or the appropriate folio of the Interim Register a note made pursuant to subsection (2) or (3), all dealings with the land to which the note relates shall be deemed to be subject to the rights of the licensee under and by virtue of the wayleave agreement in respect of which the note has been made. Electricity Supply 33 (5) Where a note or registration of a wayleave agreement made before 1 January 1966, pursuant to subsection (2) or (3) as then in force remained effective immediately before that date, then, for the purposes of subsection (4)— (a) it shall be regarded as a note made pursuant to subsection (2); or (b) if it relates to land included as a holding in the Interim Register it shall be entered on the appropriate folio of the Interim Register and shall then be regarded as a note made pursuant to subsection (3). (6) In this section— “Commissioner” and “Interim Register” have the meanings assigned thereto respectively by the National Land Code (Penang and Malacca Titles) Act 1963. Compensation 16. (1) The amount of compensation, if any, payable under section 11 or 13 shall be assessed by the District Land Administrator after such enquiry as he shall deem sufficient. The assessment shall be substantially in the form set out in the Third Schedule: Provided further that no compensation shall be payable by the licensee in respect of any tree within fifty feet of the center line of any road constructed or maintained by the State Government or by any local authority unless it is proved that the tree was in existence prior to the construction of the road. (2) Any person aggrieved with the District Land Administrator’s assessment may within twenty-one days after the assessment appeal to the State Authority whose decision shall be final. Reduction or cessation of supply: liability 17. (1) Any licensee may reduce, as he may think fit, the quantity of electricity supplied to any consumer if by reason of any unforeseen circumstances electricity generated is insufficient to enable the full quantity to be conveniently supplied. 34 Laws of Malaysia Act 447 (2) Where the quantity of electricity has been reduced as aforesaid— (a) no liability shall be incurred by the licensee in respect of any loss or damage caused by the reduction; and (b) in appropriate cases, an abatement in the charges for the supply of electricity shall be made in proportion to the reduction made. (3) Any licensee shall not be liable for any damage to any person or property or for any cessation of the supply of electricity which may be due to unavoidable accident, fair wear and tear or overloading due to unauthorized connection of equipment, or to reasonable requirements of the system, or to defects in any installation not provided by the licensee, but shall be liable only when the damage or cessation is shown to have resulted from negligence on the part of persons employed by the licensee, his agents or servants, as the case may be, or from his faulty construction of the installation. (4) Without prejudice to subsection (3), the licensee shall rectify and repair any damage to ensure continuation of the supply of electricity and where applicable, compensate for any damage within the period of time as directed by the Commission if it is shown to have resulted from the negligence of the licensee, his agents or servants, as the case may be. Security: suspension of and revocation of licence 18. (1) Before the issue of any licence, the Commission may require such security as the Commission may specify to be furnished for the due observance of the terms and conditions of the licence and of this Act. (2) A licence may at any time be suspended or revoked by the Commission upon breach of any of the conditions thereof or in default of payment of any moneys accrued due thereunder, or if the licensee ceases to work or operate the installation in respect of which the licence has been granted: Electricity Supply 35 Provided that, where a licence has been suspended or revoked on the ground that the licensee has ceased to work or operate an installation, the licensee may, if he considers that he has suffered or may suffer undue hardship by reason of the suspension or revocation, appeal to the Minister against the suspension or revocation, and the decision of the Minister on the appeal shall be final. (3) The licensee shall not be entitled to compensation for any loss caused to him by the suspension or revocation of a licence under this section. (4) Upon termination of a licence, the licensee shall remove his installation and equipment within three months from the date of termination, failing which the licensee shall be liable for all costs whatsoever incurred in the removal thereof and such costs may be recovered from the security deposited (if any) under subsection (1). Restriction of use to specified purposes 19. A licensee who is, by the conditions of his licence, restricted to using or supplying electricity for specified purposes only, shall not use or supply electricity for any purpose other than those so specified. Exemption of equipment from distress and attachment 20. When any electrical equipment belonging to a licensee has been placed in or upon premises not owned or occupied by the licensee, for the purpose of supplying or measuring electricity, such equipment shall not be subject to distress nor be liable to be taken in execution under any process of a court or in any bankruptcy or insolvency proceedings against any person. Registration of installations 21. (1) Before the completion of a new installation, other than an installation belonging to a supply authority or an installation operated or owned by a licensee, the owner of the installation shall forward, in duplicate, to the Commission, an application for registration in the prescribed form. 36 Laws of Malaysia Act 447 (1a) The Commission shall cause inspection and tests to be made within the prescribed period and, if the installation satisfies the requirements of this Act, shall issue or cause to be issued a Certificate of Registration in the prescribed form. (2) No person shall possess or operate an installation, other than an installation excluded under subsection (1) unless the installation is registered on a valid Certificate of Registration. (3) Certificates of Registration shall be surrendered by the owner or licensee to the Commission for cancellation if the installation is no longer required to be used. Thereafter, if the owner or licensee wishes to operate the installation again, the said installation shall be treated in all respects as if it is a new installation. (4) A Certificate of Registration may be cancelled in accordance with regulations made under section 53. (5) Certificates of Registration shall not be transferred without the permission of the Commission. Periodical inspections of installations 22. (1) Subject to any exemption granted under this Act, any person who intends to construct, extend or alter any installation shall give notice of the proposed construction, extension or alteration to the Commission. Such person or a person authorized by him shall submit plans and obtain prior approval from the Commission who may periodically inspect the installation thereof. (2) In addition to periodical inspections during construction, extension or alteration and final inspections on completion, all installations, while in operation, shall be subject to such periodical inspections as may be prescribed. (3) The management or person in charge of any installation or the construction, extension or alteration of any installation shall afford full facilities for inspection during working hours. Electricity Supply 37 System Operator 22a. (1) The Minister may, upon the recommendation of the Commission, authorize or revoke the authorization of any person or a unit, department or division forming part of a licensee to be a System Operator by order published in the Gazette. (2) The System Operator shall comply with any regulations, codes, guidelines or directions with regards to its functions as may be made or issued by the Minister or the Commission, as the case may be, under this Act. (3) A System Operator, pursuant to discharging its functions under this Act, shall ensure non-discriminatory conduct and optimal operation of such power system to the extent that it does not compromise the reliability, security and safety of the power system. (4) The Commission may, from time to time, issue codes, guidelines or directions to ring fence the System Operator from activities under the licence of the licensee which are not related to its function as a System Operator. Single Buyer 22b. (1) The Minister may, upon the recommendation of the Commission, authorize or revoke the authorization of any person or a unit, department or division forming part of a licensee to be a Single Buyer by order published in the Gazette. (2) The Single Buyer shall comply with any regulations, codes, guidelines or directions with regards to its functions as may be made or issued by the Minister or the Commission, as the case may be, under this Act. (3) A Single Buyer, pursuant to discharging its functions under this Act, shall ensure non-discriminatory conduct and optimal operation of such power system to the extent that it does not compromise the reliability, security and safety of the power system. 38 Laws of Malaysia Act 447 (4) The Commission may, from time to time, issue codes, guidelines or directions to ring fence the Single Buyer from activities under the licence of the licensee which are not related to its function as a Single Buyer. Part V COMPETENT CONTROL Persons in charge 23. (1) No installation or electrical plant equipment other than those owned or managed by a supply authority shall be worked or operated except by or under the control of persons possessing such qualifications and holding such certificates as may be prescribed, and no person not possessing the qualifications or holding a certificate as aforesaid shall be in charge of any installation or shall control the operation of any electrical plant or equipment. (2) Any person who contravenes this section commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit and, if the contravention be continued, to a fine not exceeding one thousand ringgit for everyday or part of a day during which the contravention is continued after conviction. PART Va EFFICIENT USE OF ELECTRICITY Minister to determine standards, etc. 23a. The Minister may, from time to time, prescribe the standards, specifications, practices and measures to be adopted and any other matters in respect of the efficient use of electricity. Installation to meet requirements 23b. No person shall use or operate any installation unless the installation meets such requirements as may be prescribed in respect of the efficient use of electricity. Electricity Supply 39 Equipment to meet requirements 23c. No person shall manufacture, import, sell or offer for sale or lease any equipment unless the equipment meets such requirements as may be prescribed in respect of the efficient use of electricity. Registration of person providing service relating to efficient use of electricity 23d. No person shall provide any service relating to efficient use of electricity unless registered under this Act. Part VI SUPPLY BY LICENSEE Duty to supply on request 24. (1) Subject to the following provisions of this Part and any regulation made thereunder, a licensee shall upon being required to do so by the owner or occupier of any premises— (a) give a supply of electricity to those premises; and (b) so far as may be necessary for that purpose, provide supply lines or any electrical plant or equipment. (2) Where any person requires a supply of electricity under subsection (1) he shall give to the licensee a notice specifying— (a) the premises in respect of which the supply is required; (b) the day on which the supply is required to commence; (c) the maximum power which may be required at any time; and (d) the minimum period for which the supply is required to be given. 40 Laws of Malaysia Act 447 (3) Where a licensee receives from any person a notice under subsection (2) requiring him to give a supply of electricity to any premises and— (a) he has not previously given supply of electricity to those premises; (b) the giving of the supply requires the provision of supply lines or electrical equipment or plant; or (c) other circumstances exist which make it necessary or expedient for him to do so, the licensee shall, as soon as practicable after receiving that notice, give to the person a notice under subsection (4). (4) A notice under this subsection shall— (a) state the extent to which the proposals specified in the notice under subsection (2) are acceptable to the licensee and specify any counter proposals made by the licensee; (b) state whether the prices to be charged by the licensee will be determined by a tariff under subsection 26(1), or by a special agreement under subsection 29(1) and specify the tariff or the proposed terms of the agreement; (c) specify any payment which the person will be required to make under subsection 27(1); and (d) specify any security which the person will be required to give under section 28. (5) In this section and in sections 25 to 29 of this Part— (a) any reference to giving a supply of electricity includes a reference to continuing to give such a supply; (b) any reference to requiring a supply of electricity includes a reference to requiring such a supply to continue to be given; and (c) any reference to the provision of a supply line or an item of electrical equipment or plant is a reference to the Electricity Supply 41 provision of such a line or item either by the installation of a new one or by the modification of an existing one. (6) Any person who unlawfully— (a) hinders, prevents or obstructs the supply of electricity from being given by the licensee to the consumer; (b) hinders, prevents or obstructs the supply of electricity to any consumer from being disconnected by the licensee in accordance with this Act; or (c) causes the supply of electricity to any consumer to be disconnected, commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both. Exceptions to duty to supply electricity 25. Nothing in subsection 24(1) shall be taken as requiring a licensee to give a supply of electricity to any premises if— (a) (i) the supply of electricity is already being given to the premises by another licensee; and (ii) such supply is given whether wholly or partly through the licensee’s supply lines and electrical equipment or plant; (aa) the premises, being a commercial or industrial premises— (i) is located on land without the consent of the landowner; (ii) has not been approved pursuant to or is in contravention of the Local Government Act 1976 [Act 171] and Town and Country Planning Act 1976 [Act 172]; or (iii) is in contravention of any other written law; 42 Laws of Malaysia Act 447 (b) he is prevented from doing so by the malfunction or failure of any electricity supply infrastructure, electrical system, equipment or installation beyond his control, or as a result of fire, flood, landslide, explosion, accident, industrial disturbance on a national level, emergency, riot, civil disturbance or war, or any other similar event not within the control of the licensee; (c) circumstances exist by reason of which his doing so will or may involve his breach of any regulation under this Act; or (d) it is not reasonable in all the circumstances for him to be required to do so: Provided that this paragraph shall not apply in relation to a supply of electricity which is being given to any premises unless the licensee has given to the occupier or to the owner, if the premises are not occupied, a notice of not less than seven working days of his intention to discontinue the supply of electricity. Power to fix tariffs and charges 26. (1) The Commission may determine tariffs and charges to be levied, with the approval of the Minister, by a licensee. (2) The Commission may, from time to time, issue guidelines on tariffs and charges including— (a) the methodology, principles, category and design of tariffs and charges; (b) the duration for the imposition of tariffs and charges and for the review of the tariffs and charges; and (c) the submission of any information as the Commission deems requisite and necessary. (3) A licensee shall submit a proposal on tariffs and charges to the Commission in accordance with the guidelines issued by the Commission under subsection (2). Electricity Supply 43 (4) The approved tariffs and charges shall be published by the licensee in such manner as in the opinion of the Commission will secure adequate publicity for it. (5) The approved tariffs and charges under subsection (1) may include but not limited to— (a) a fixed charge in addition to the charge for the actual electricity supplied; (b) a charge in respect of the availability of a supply of electricity and such charge may vary according to the extent of supply; (c) a rent or other charge in respect of any electricity meter or electrical plant or equipment provided by the licensee; (d) a rate or quantum of discount or premium from the approved tariff in respect of certain type of consumers or public purposes as determined by the Minister; and (e) a rate or quantum of payment, charge or levy of any sum pursuant to any other written law or any guidelines issued by the Commission. (6) In levying tariffs and charges pursuant to subsection (1) and entering into special agreements under section 29, 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 and power factor, and the purpose for which the supply is taken. Licensee may levy surcharge 26a. Notwithstanding any other provisions in this Act, a licensee may levy a surcharge subject to such conditions and at such rates as may be prescribed for late payment of monies due from a consumer to the licensee in respect of the electricity supplied by the licensee. 44 Laws of Malaysia Act 447 Power to recover expenses 27. (1) Where any supply line or electrical plant or equipment is provided by a licensee pursuant to subsection 24(1), the licensee may require any expenses reasonably incurred as determined by the Commission to be defrayed by the person requiring the supply of electricity to such extent as is reasonable having regard to the circumstances. (2) The expenses reasonably incurred in providing any supply line or electrical plant or equipment under subsection (1) include the capitalized value of any expenses likely to be so incurred in maintaining it, if such expenses cannot be recovered by the licensee as part of the tariffs levied by him for the supply. Power to require security 28. (1) A licensee may require any person who requires a supply of electricity pursuant to subsection 24(1) 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 has to be provided under the same subsection in respect of the provision of such facility, and if the person fails to give such security, the licensee may, if he thinks fit, refuse to give the supply or to provide the supply line or 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 seven days after the service of the notice, to give him reasonable security for the payment of all moneys which are due to him in respect of the supply and if the person fails to give such security, the licensee may, if he thinks fit, discontinue the supply until security is given. Electricity Supply 45 Return of security with interest 28a. Notwithstanding any other provisions in this Act, a licensee shall pay to a person subject to such conditions and at such rates as may be prescribed a sum equivalent to the annual interest on the security given under section 28. Supply agreement with consumer 28b. (1) A person who requested for a supply of electricity from a licensee after the date of coming into operation of this Act shall enter into an agreement with the licensee for the supply of electricity on such terms and conditions as may be specified in the agreement before the electricity is supplied. (2) An agreement referred to in subsection (1) shall be in the form and substance as approved by the Commission. Special agreement with respect to supply 29. (1) Notwithstanding anything contained in sections 24 to 28, a person or a licensee who requires a supply of electricity pursuant to subsection 24(1) may enter into a special agreement with the licensee for the supply on such terms as may be specified in the agreement. (2) Where any agreement made pursuant to subsection (1) remains effective, the rights and liabilities of the parties to the agreement shall be determined by the agreement and not by the provisions of sections 24 to 28. (3) Notwithstanding the provisions of subsection (2), subsection 24(2) shall however apply for the purposes of specifying the day on which the supply of electricity is required to commence and the day on which such an agreement ceases to be effective. (4) Any agreement made between licensees under subsection (1) shall be approved by the Commission. 46 Laws of Malaysia Act 447 Determination of dispute 30. (1) A dispute between two or more persons regarding any matter under sections 9e, 17, 24 to 29 and 32 shall first be attempted to be resolved by negotiations between the parties to the dispute. (2) If the parties to a dispute cannot or otherwise fail to reach an agreement to resolve the dispute, the parties may seek resolution of the dispute by a committee established by the Commission to hear and resolve disputes: Provided that in a case where the Commission thinks fit, the dispute may be determined by arbitration under section 36. (3) The practice and procedure to be followed in the determination of any dispute under subsection (2) shall be such as the Commission may consider appropriate. (4) Pending the determination of any dispute arising under sections 9e, 17, 24 to 29 and 32 between a licensee and a person requiring a supply of electricity, the licensee shall continue to give the supply of electricity until the determination of the dispute. (5) Any order under subsection (2) may include a provision requiring either party to pay the costs or expenses incurred by the Commission in determining the dispute. Notification of dispute and binding decision by the Commission 30a. (1) Any party to a dispute may, in writing, notify the Commission of the dispute which the parties to the dispute had failed to resolve by negotiation under subsection 30(1). (2) The committee established by the Commission under subsection 30(2) shall only be convened to resolve a dispute if the Commission is satisfied that— (a) an agreement to resolve the dispute will not be reached or will not be reached within a reasonable time; and (b) the dispute and its notification is not trivial, frivolous or vexatious. Electricity Supply 47 (3) The committee may resolve the dispute upon such terms and conditions as it deems fit. (4) The terms and conditions under subsection (3) shall be in writing and accompanied by the grounds for the committee’s decision. (5) The committee’s decision shall be deemed as a decision of the Commission and be binding on the parties. (6) A decision made by the Commission under this section may, by leave of the Sessions Court, be enforced in the same manner as a judgment or order to the same effect by the Sessions Court, and where leave is so given, judgment may be entered in terms of the decision of the Commission and as if the decision was a judgment of such Court. (7) The judgment under subsection (6) can only be entered if a certificate has been issued by the Commission to any party for leave to proceed to the Court for the enforcement of the decision but no certificate is required if an action is taken by the Commission under this section. Register of decisions 30b. (1) The Commission shall maintain a register of all decisions made under section 30a. (2) The register shall contain— (a) the names of the parties to the dispute; (b) a general description of the matter pertaining to the decision; and (c) the date of the decision. Fixing of maximum prices for reselling electricity 31. (1) This section applies to electricity supplied to premises by a person who is authorized by a licence to supply electricity. 48 Laws of Malaysia Act 447 (2) The Commission may from time to time fix the maximum prices at which electricity under this section may be resold and may publish the prices so fixed in such manner as in the opinion of the Commission will secure adequate publicity for them. (3) Different prices may be fixed for different cases which may be determined by reference to the area, tariff or any other relevant factor. (4) If any person resells electricity at a price exceeding the maximum price fixed under this section, the amount of the excess shall be recoverable by the person to whom the electricity was resold. Charge for supply of electricity to be ascertained by appropriate meter 32. (1) Where a consumer, a licensee or a Single Buyer 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 of electricity shall be ascertained by, an appropriate meter. (1a) The meter shall be installed, calibrated, tested, verified and maintained as may be prescribed or in accordance with any codes or guidelines issued under this Act, as the case may be. (2) The meter shall be provided by the licensee supplying electricity, whether by way of sale, hire or loan. (3) The meter shall be installed on the consumer’s, licensee’s or Single Buyer’s premises in a position to be determined by the licensee supplying electricity, unless in certain circumstances it is more reasonable to place it outside the premises or in some other position. (4) If the consumer, licensee or Single Buyer refuses or fails to have his supply of electricity through the appropriate meter provided and installed in accordance with subsections (2) and (3) the licensee supplying electricity may refuse to give or may discontinue the supply. Electricity Supply 49 (5) For the purposes of this section, a meter is an appropriate 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 such use and may include a pre-paid meter, metering infrastructure, telemetering or any other means of metering determined by the Commission. Part VII NOTIFICATION OF ACCIDENT OR FIRE Serious accidents to be reported and investigated by the Commission 33. (1) Whenever any accident or fire causing or resulting in loss of life or hurt to any person or serious damage to property has occurred in connection with any installation or electrical plant or equipment, the owner, licensee or supply authority and the management thereof shall report the accident or fire to the Commission by the quickest means available, and subsequently with the least possible delay shall report in writing to the Commission the facts of the matter so far as they are known to them respectively. (2) The Commission shall, as soon as practicable upon receipt of the first report direct an authorized officer to— (a) visit the place where the accident or fire occurred; (b) make a preliminary investigation of the circumstances; (c) record in writing his findings which may be supported by relevant photographs, upon the investigation; (d) be provided with photographs, medical reports or other relevant documents from any person or authority without any payment of fees and such person or authority shall comply with such request thereof; (e) forward his report to the Chief Executive Officer; and 50 Laws of Malaysia Act 447 (f) if there has been any loss of life or there is reason to believe that any person has been fatally injured, send a copy of his finding to the nearest magistrate. (3) In the event of loss of life or grievous hurt to any person due to any accident or fire in connection with any installation or electrical plant or equipment, no alteration or addition shall, without the consent of the Commission, be made to any part of the installation, plant or equipment which may have contributed to cause the accident or fire nor shall any alteration be made, without that consent, to the site of the accident or fire until the authorized officer has completed his investigation: Provided that nothing herein contained shall operate to interfere with rescue work or work necessary for the general safety of life or property. (4) If upon a preliminary investigation under subsection (2) it appears to the authorized officer making the investigation that there is reason to believe that the accident or fire was due to any failure to comply with this Act or any lawful order given by the Commission, or if the authorized officer making such investigation is satisfied that the accident or fire might have been prevented if proper precautions had been taken and observed in the working of any installation or electrical plant or equipment, the Commission may further investigate the circumstances of the accident or fire together with the authorized officer making the preliminary investigation and if in the opinion of the Commission that criminal proceedings should lie against any person, then the Commission shall forward to the Public Prosecutor a copy of the authorized officer’s report with the opinion of the Commission on the circumstances and findings. (5) Any person concerned in any investigation held under this section may be entitled, upon payment of the prescribed fees, to receive a copy of the report, opinion and statement of the Commission in the course of its investigations. (6) Any person who, without lawful excuse, contravenes or fails to comply with subsections (1) and (3) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit. Electricity Supply 51 Part VIIa SAFETY OF INSTALLATION AND EQUIPMENT Responsibilities of licensee for safety 33a. (1) A licensee who operates and maintains any electricity supply infrastructure shall comply with any regulations made under this Act, the electrical infrastructure safety code, or in the absence of such regulations or code, with standards and prudent utility practices as may be determined by the Commission. (2) A licensee shall prepare a safety management plan dealing with matters as may be prescribed in the electrical infrastructure safety code or in the absence of such code, with standards and prudent utility practices as may be determined by the Commission. (3) Any licensee who fails to prepare a safety management plan referred to in subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both. Responsibilities of non-domestic electrical installation owner or operator, licensee for retail and licensee for a private installation for safety 33b. (1) A non-domestic electrical installation owner or operator registered under this Act, licensee for retail and licensee for a private installation shall comply with the non-domestic electrical installation safety code and the safety management programme, or in the absence of such code or programme, with standards and prudent industry practices as may be determined by the Commission. (2) A non-domestic electrical installation owner or operator registered under this Act, licensee for retail and licensee for a private installation shall prepare a safety management programme within such time as may be directed by the Commission. 52 Laws of Malaysia Act 447 (3) The safety management programme referred to in subsection (2) shall provide for matters as may be prescribed in the non-domestic electrical installation safety code, or in the absence of such code, with standards and prudent industry practices as may be determined by the Commission. (4) A non-domestic electrical installation owner or operator registered under this Act, licensee for retail and licensee for a private installation who fails to prepare the safety management programme referred to in subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both. Undertaking electrical work 33c. (1) A competent person or a person under the control of a competent person who undertakes to carry out electrical work shall ensure that such electrical work complies with any regulations made under this Act, the electrical infrastructure safety code or non-domestic electrical installation safety code, as the case may be, or in the absence of such regulations or codes, with standards and prudent industry practices as may be determined by the Commission. (2) The person undertaking electrical work under subsection (1) shall ensure that such work shall not cause electricity related injury to any person or damage to any property. Responsibilities relating to non-electrical work 33d. (1) Any person who undertakes any construction, building, renovation or work other than electrical work in the vicinity of electrical installation shall ensure that the work shall not cause interference with the supply of electricity or electricity related injury to any person or damage to any property. (2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding twenty-five thousand ringgit and, in the case of a continuing offence, to a fine not exceeding five hundred ringgit for every day or part of a day during which the offence continues after conviction. Electricity Supply 53 Compliance inspection 33e. (1) The Commission may, inspect or cause to be inspected an electricity supply infrastructure, non-domestic electrical installation or the place of business or any activities of a registered manufacturer or importer or of a registered conformity assessment body or a registered training and examination center or institution to ensure the licensee, licensee for retail and licensee for a private installation, non-domestic electrical installation owner or operator, registered manufacturer or importer, registered conformity assessment body or registered training and examination center or institution, as the case may be, is in compliance with this Act, any regulations made under this Act, guidelines, codes or directions issued by the Commission under this Act, the safety management plan and safety management programme, as the case may be. (2) The Commission may inspect or cause to be inspected any equipment in any premises, building, facility including temporary facility and vehicle that is used for the sale or offer for sale by way of retail to ascertain if such equipment conforms to the standards as may be determined by the Commission. Interpretation 33f. For the purposes of this Part— “electrical infrastructure safety code” means a code developed, issued and registered by the Commission under section 50a on safety requirements, appropriate safety and technical standards, operation, maintenance and protection of the electrical system and other related matters for electricity supply infrastructure; “non-domestic electrical installation safety code” means a code developed, issued and registered by the Commission under section 50a on safety requirements, appropriate safety and technical standards, operation, maintenance and protection of the electrical system and other related matters for non-domestic electrical installation; “safety management plan” means the safety, reliability, maintenance and technical management plan in respect of electricity supply infrastructure; 54 Laws of Malaysia Act 447 “licensee” does not include licensee for retail and a licensee for a private installation; “non-domestic electrical installation owner or operator” means a person who owns, uses, works or operates a non-domestic electrical installation; “non-domestic electrical installation” means a set of wires and associated fittings, equipment and accessories that is installed in a place for the conveyance, control or use of electricity that is, or is to be, or has been, supplied for consumption in the place, but does not include— (a) any electricity supply infrastructure owned or operated by a licensee; (b) any wires, fittings, equipment or accessories connected to and beyond any electrical outlet at which fixed wiring terminates, other than any such outlet used to connect sections of fixed wiring; or (c) private dwelling premises; “safety management programme” means the safety, reliability, maintenance and technical management programme in respect of non-domestic electrical installation. Part VIII ENQUIRY AND ARBITRATION Procedure in relation to enquiry and arbitration 34. (1) In the event of any difference of opinion between a licensee and an authorized officer or between the management or owner of any installation or equipment and an authorized officer regarding any matter affecting the construction, erection, maintenance or operation of any installation or equipment, the matter shall be referred to and decided by the Commission. (2) Any person who feels aggrieved by a decision of the Commission under subsection (1) may apply to the Minister for reconsideration of the matter in dispute. The application shall be made in writing within twenty-one days from the date of the Electricity Supply 55 decision of the Commission, or within such further period as the Minister may in special circumstances allow, and shall contain the grounds of grievance. (3) On receipt of the application, the Minister shall appoint a person as his representative to lead and hold the enquiry into the matter together with two other persons to be nominated by the Minister as assessors. The assessors shall be persons possessing electrical or other special skill and experience drawn from persons not in the service of the Commission. (4) All questions in the enquiry shall be determined by a majority of the members holding the enquiry. (5) (a) At the conclusion of the enquiry the person appointed by the Minister under subsection (3) shall forward to the Minister a summary of the evidence together with the decision arrived at, and the Minister shall accept the decision as final and shall inform all persons concerned. (b) Any person concerned with the matter referred to the Minister under subsection (2) shall be entitled, upon payment of the prescribed fees, to a copy of the summary of evidence and the decision referred to in paragraph (a). (6) Persons nominated by the Minister to serve as assessors shall be entitled to receive such remuneration as may, from time to time, be prescribed by the Minister. Power of holding enquiry 35. For the purpose of holding enquiries under this Act, the Commission or the person appointed by the Minister under subsection 34(3), as the case may be, shall have power to administer oaths and affirmations and shall be vested with the powers of a first class magistrate for compelling the attendance of witnesses, maintaining order or otherwise duly conducting the said enquiries. Persons summoned to attend any such enquiry shall be legally bound to attend. 56 Laws of Malaysia Act 447 Arbitration 36. (1) Where any matter is deemed fit by the Commission under section 30 or required to be determined by arbitration under this Act, the same shall be determined by a board comprising one or three arbitrators chosen by the parties or, if they are unable to agree, by the Chief Judge. (2) Each party shall have power to appoint an assessor to sit with the arbitrator, but the arbitrator alone shall have power to decide and make an award. Where more than one arbitrator is appointed, a majority of them may decide and make an award. (3) The arbitration shall take place at such place within Malaysia as the arbitrator shall decide, and shall, subject to this section, be governed by the Arbitration Act 2005 [Act 646]. (4) The remuneration of an arbitrator appointed by the Chief Judge in accordance with this section shall be fixed by the Chief Judge and the remuneration of an arbitrator chosen by the parties shall be fixed by them. The costs of reference and the award shall be paid by the parties in such proportion as the arbitrator may decide: Provided that the remuneration and the allowances of an assessor shall be paid by the party against whom the award is made. Part IX OFFENCES AND PENALTY Offences 37. (1) Any person who tampers with or adjusts any installation or part thereof or manufactures or imports or sells any equipment so as to cause or to be likely to cause danger to human life or limb or injury to any equipment or other property commits an offence and for each such offence shall, on conviction, be liable to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding ten years or to both. Electricity Supply 57 (2) Any person who by any rash or negligent act or omission causes damage to any person or property in respect of any installation or equipment or part thereof commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both. (3) Any person who in any manner dishonestly— (a) abstracts electricity; (b) consumes electricity; (c) uses electricity; (d) alters the index of any meter or other instrument used on or in connection with any installation of any supply authority or any licensed installation for recording the output or consumption of electricity; or (e) prevents any such meter or instrument from duly recording the output or consumption of electricity, commits an offence and shall, on conviction— (A) be liable: (i) in the case of a domestic consumer, to a fine of not less than one thousand ringgit and not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both; and (ii) in the case of a non-domestic consumer, to a fine of not less than twenty thousand ringgit and not exceeding one million ringgit or to imprisonment for a term not exceeding five years or to both; and (B) be liable for the second and subsequent offence: (i) in the case of a domestic consumer, to a fine of not less than five thousand ringgit, and not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both; and 58 Laws of Malaysia Act 447 (ii) in the case of a non-domestic consumer, to a fine of not less than one hundred thousand ringgit and not exceeding five million ringgit or to imprisonment for a term not exceeding ten years or to both. (4) Any person who, in contravention of section 9, uses, works or operates, or permits to be used, worked or operated any installation commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and to a further fine not exceeding one thousand ringgit for every day or part of a day during which the offence continues after conviction. (5) Any person who, in contravention of section 9, supplies electricity from an installation to or for the use of any person commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit, and to a further fine not exceeding one thousand ringgit for every day or part of a day during which the offence continues after conviction. (6) Any licensee who without the express authority from the Commission supplies electricity or lays down any supply line or constructs any electrical work outside the area of supply specified in his licence commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit, and any such unauthorized line or work may, after conviction, be removed by order of the Commission, and if such order is not complied with, the reasonable costs of such removal may be recovered from the licensee. (7) Any licensee who without lawful excuse fails to comply with any term or condition expressed in the licence commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit and, to a further fine not exceeding one thousand ringgit for every day or part of a day during which the offence continues after conviction. (8) Any person who fails or neglects to register any installation under section 21 commits an offence and shall, on conviction, be liable to a fine not exceeding twenty-five thousand ringgit and a further fine not exceeding one thousand ringgit for every day or part of a day during which the offence continues after conviction. Electricity Supply 59 (9) Any person who, without due authority, extinguishes or damages any public lamp or damages or defaces any post, bracket or other means of support of a public lamp commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both. (10) Any person who without lawful consent of the supply authority or the licensee, as the case may be, affixes or causes to be affixed any advertisement, bill or notice or any paper against or upon, or otherwise defaces any building, post or bracket or other equipment or the enclosure thereof used for or in connection with any public installation commits an offence and shall, on conviction, be liable to a fine not exceeding twenty-five thousand ringgit. (11) Any person who wilfully or negligently— (a) causes electricity to be diverted from its proper course to be wasted; or (b) breaks, throws down, causes to fall or damages any supply line, post, pole, or other equipment, installation or any part thereof, as the case may be, connected with the supply of electricity, commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both. (12) (a) No person shall without the lawful authority of the supply authority or the licensee, as the case may be, undertake any work or engage in any activity in the vicinity of any electrical installation or part thereof as may be prescribed, in a manner likely to interfere with any electrical installation or to cause danger to any person or property. (b) Any person who contravenes this section commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both. 60 Laws of Malaysia Act 447 (13) (a) No person shall install any electrical wiring or extension to existing wiring on any premises without first obtaining the approval in writing from a supply authority or licensee. (b) Any person who contravenes this section commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.

(14) Any person who damages or removes any meter or other instrument used on or in connection with any licensed installation for recording the output or consumption of electricity commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both. (15) Any person— (a) found guilty of any offence against this Act for which no penalty is expressly provided shall, on conviction, be liable to a fine not exceeding twenty-five thousand ringgit and, in the case of a continuing offence, to a fine not exceeding five hundred ringgit for every day or part of a day during which the offence continues after conviction; (b) who by any act or omission contravenes any provision under this Act commits an offence and if no penalty is expressly provided shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and, in the case of a continuing offence, to a fine not exceeding five hundred ringgit for every day or part of a day during which the offence continues after conviction. (16) For the purposes of subsection (3)— “domestic installation” means an installation in a private dwelling which is not used in any hotel or boarding house or for the purpose of carrying out any business, trade, profession or service; “non-domestic consumer” means a consumer of electricity other than domestic consumer; “domestic consumer” means a consumer in domestic installation supplied or connected with electricity. Electricity Supply 61 Offence committed by body corporate 37a. (1) Where an offence against this Act or its subsidiary legislation has been committed by a body corporate, any person who at the time of the commission of the offence was a director, chief executive officer, chief operating officer, manager, secretary or other similar officer of the body corporate or was purporting to act in such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate or was assisting in such management— (a) may be charged severally or jointly in the same proceedings with the body corporate; and (b) if the body corporate is found guilty of the offence, shall be deemed to be guilty of that offence unless having regard to the nature of his functions in that capacity and to all circumstances, he proves— (i) that the offence was committed without his knowledge, consent or connivance; and (ii) that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence. (2) If any person would be liable under this Act or any regulations made under this Act to any punishment or penalty for his act, omission, neglect or default he shall be liable to the same punishment or penalty for every such act, omission, neglect or default of any employee, servant or agent of his, or of the employee or servant of such agent if the act, omission, neglect or default was committed— (a) by that person’s employee or servant in the course of his employment; (b) by the agent when acting on behalf of that person; or (c) by the employee or servant of the agent in the course of his employment by the agent or otherwise on behalf of the agent acting on behalf of that person. 62 Laws of Malaysia Act 447 Offence of attempt and abetment 37b. Where any person— (a) aids, abets, assists, incites or induces any other person to make or makes on behalf of another person an incorrect return, account, statement or declaration or to commit any offence punishable under this Act; or (b) attempts to make or to make on behalf of another person an incorrect return, account, statement or declaration or to commit any offence punishable under this Act, that person commits an offence and shall, on conviction, be punishable with the punishment provided for such offence under this Act provided that any term of imprisonment imposed shall not exceed one-half of the longest term provided for the offence. Disconnection of supply of electricity 38. (1) Where any person employed by a licensee finds upon any premises evidence which gives reasonable grounds for him to believe that an offence has been committed under subsection 37(1), (3) or (14), the licensee or any person duly authorized by the licensee shall within three working days from the date of such finding inform the Commission in writing, and the licensee may, upon giving not less than forty-eight hours’ notice from the same date in such form as may be prescribed, cause the supply of electricity to be disconnected from the said premises. (1a) Notwithstanding any other provisions in this Act, where a police officer not below the rank of Assistant Superintendent applies to a supply authority or a licensee for the disconnection of the supply of electricity to any premises for a period not exceeding one calendar month under section 21a of the Common Gaming Houses Act 1953 [Act 289], the supply authority or the licensee or any person authorized by the supply authority or the licensee shall immediately disconnect or cause the supply of electricity to be disconnected from those premises. (1b) Upon receiving such information under subsection (1), the Commission may verify the matter and in cases where it finds that no offence has been committed, the supply of electricity shall be reconnected immediately. Electricity Supply 63 (2) If the supply of electricity has been disconnected under subsection (1), it shall not be reconnected until the licensee at his discretion gives permission for reconnection: Provided that the period of disconnection shall not exceed three months. (2a) Notwithstanding subsection (2), if the supply of electricity has been disconnected under subsection (1a), it shall not be reconnected without the written permission of a police officer not below the rank of Assistant Superintendent. (3) The licensee may require the consumer to pay him for the loss of revenue due to the offence committed under subsections 37(1), (3) and (14) and any reasonable expenses directly incurred by the licensee under this section including expenses incurred in respect of reconnection of electricity in the manner as have been directed by the Commission: Provided that and subject to subsection (4), if the licensee does not proceed with a claim for such loss of revenue and expenses in court, the licensee may only claim against the consumer for the said loss of revenue and expenses for a period not exceeding six months retrospectively from the date the offence was discovered under subsection (1). (4) A written statement by an employee of the licensee duly certified by the licensee or any person authorized by the licensee specifying— (a) the amount of loss of revenue or the reasonable expenses incurred by the licensee; (aa) the manner of calculation of the loss of revenue and items of expenses; and (b) the person liable for the payment thereof, shall be prima facie evidence of the payment that has to be made by the consumer under subsection (3) and such written statement shall be notified to the consumer within fourteen working days or any period as extended with the written approval of the Commission after the disconnection. 64 Laws of Malaysia Act 447 (5) The amount stated in the written statement under subsection (4) shall, within the period specified in the statement, be due and payable to the licensee and in default of payment, such amount shall be recoverable by civil action in a court. Liabilities unaffected 39. Except as provided in sections 17 and 20, nothing contained in this Act shall operate to relieve any licensee or management from any civil or criminal liability arising under this Act. Onus of proof 40. In any prosecution for an offence under subsection 37(3) proof of— (a) the existence of artificial means which, either alone or in conjunction with additional artificial means not found, could be used for altering, or facilitating the alteration, of the index of any meter or instrument used for registering the quantity of electricity supplied; (b) the existence of artificial means which, either alone or in conjunction with additional artificial means not found, would prevent, or facilitate the prevention of, any meter or instrument from duly registering the quantity of electricity supplied, or would facilitate the dishonest abstraction, consumption, or use of electricity; or (c) (i) the fitting of any mechanical or other means to; (ii) the absence or removal of any part or connection from; or (iii) the interference with any part or connection of, any apparatus in the circumstances that the fitting, absence, removal or interference would prevent or facilitate the prevention of any meter or other instrument from duly registering the quantity of electricity supplied, or would facilitate the dishonest abstraction, consumption or use of electricity, Electricity Supply 65 shall be prima facie evidence that there has been dishonest alteration of the index of any meter or instrument, or prevention, abstraction, consumption or use of electricity, as the case may be; and (A) that the dishonest alteration, prevention, abstraction, consumption or use, as the case may be, has been carried out by— (a) the person fitting the artificial, mechanical or any other such part or connection as aforesaid; (b) the person removing any such part or connection as aforesaid; (c) the person interfering with any such part or connection as aforesaid; (d) the consumer using the meter or instrument; (e) the person having control of the installation where it is fixed; or (f) the occupiers of the premises on which the meter or instrument is installed; or (B) that the person or consumer has abetted the offence of the alteration, prevention, abstraction, consumption or use, as the case may be. Compensation for damage 41. (1) Any person who removes, destroys or damages whether wilfully or otherwise, any installation or any part thereof, or any public lamp or any post, bracket or other means of support of a public lamp, or any instrument used in connection with any installation for recording the output or consumption of electricity, shall, in addition to any penalty to which he may be liable under this Act, be liable to pay full compensation for the damage he has done and the compensation shall be recoverable by civil action or suit before any court. 66 Laws of Malaysia Act 447 (2) Without prejudice to subsection (1), any court before which a person is charged with an offence under this Act may assess the compensation payable under this section and may make an order for the payment of the same. Any such order may be enforced as if it were a judgment in a civil action or suit. Prosecution 42. No prosecution shall be instituted for an offence under this Act or any regulations made under this Act except by or with the consent in writing of the Public Prosecutor. Compounding 43. (1) The Minister may, with the approval of the Public Prosecutor, make regulations prescribing— (a) any offence under this Act or its subsidiary legislation as an offence which may be compounded; (b) criteria for compounding such offence; and (c) method and procedure for compounding such offence. (2) The Commission may, with the consent in writing of the Public Prosecutor, at any time before a charge is being instituted compound any of the offences prescribed in the regulations as an offence which may be compounded by making a written offer to the person reasonably suspected of having committed the offence to compound the offence upon payment to the Commission of a sum of money not exceeding fifty per centum of the amount of maximum fine to which the person would have been liable to if he had been convicted of the offence, within such time as may be specified in his written offer. (3) An offer under subsection (2) may be made at any time after the offence has been committed but before any prosecution for it has been instituted, and where the amount specified in the offer is not paid within the time specified in the offer, or such extended time as the Commission may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made. Electricity Supply 67 (4) Where an offence has been compounded under subsection (2), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made, and any document or thing seized in connection with the offence may be released by the Commission, subject to such terms and conditions as it thinks fit. (5) All sums of moneys received by the Commission under this section shall be paid into and form part of the Federal Consolidated Fund. Reward for information 44. In the case of a conviction involving a fine the court imposing the fine may, on the application of the officer conducting the prosecution, direct the payment of any part of the fine but not exceeding one half of such fine in such proportion as the court deems fit to the person who gave the information leading to the conviction. Use of supply line, etc., for purposes of communications under the Communications and Multimedia Act 1998 44a. (1) Notwithstanding any other provisions of this Act and subject to the provisions of this section and to any terms and conditions as may be prescribed, any supply line, part of an electricity supply infrastructure, installation, plant or equipment may be used for the purposes of communications under the Communications and Multimedia Act 1998. (2) For the purposes of subsection (1), the Commission may issue codes, guidelines or directions. (3) Prior to and during the operation of communications, as the case may be, the licensee, non-domestic electrical installation owner or operator, electricity consumer and the person licensed under the Communications and Multimedia Act 1998 shall comply with such regulations, codes, guidelines and directions referred to in subsections (1) and (2). 68 Laws of Malaysia Act 447 (4) The licensee, non-domestic electrical installation owner or operator and the person licensed under the Communications and Multimedia Act 1998 shall be responsible in ensuring that the provision or operation of the communications, as the case may be, is in compliance with the Act. (5) Any owner or occupier of an electrical installation in a dwelling premises or electricity consumer may choose to be a customer or otherwise of communication service provided by a person licensed under the Communications and Multimedia Act 1998 who shall obtain the express consent of such owner or occupier or consumer before providing the communication service. (6) Notwithstanding any provisions of the Communications and Multimedia Act 1998, any licensee or person licensed under the Communications and Multimedia Act 1998 who fails to comply with this section commits an offence. Part IXa ELECTRICITY INDUSTRY FUND Contribution by licensee 44b. (1) A licensee shall, if required by the Minister under any regulations made under this Act or by order published in the Gazette pursuant to the recommendation made by the Commission, allocate and pay into the Electricity Industry Fund, in such manner and at such rates as may be prescribed in such regulations or order. (2) Upon the recommendation of the Commission, the Minister may suspend or revoke such requirement made under subsection (1). Electricity Industry Fund 44c. (1) A fund to be known as the “Electricity Industry Fund” is established and shall be administered and controlled by the Commission. Electricity Supply 69 (2) The Electricity Industry Fund shall consist of— (a) such sums allocated and paid by a licensee pursuant to section 44b; (b) such sums as may be provided by the Parliament for the purposes of the Electricity Industry Fund from time to time; (c) all moneys derived as income from investments made from the Electricity Industry Fund, including interest income; and (d) all other moneys lawfully received by the Commission on behalf of the Electricity Industry Fund. (3) The Electricity Industry Fund shall be expended for the following purposes: (a) to manage the impact of electricity tariff on consumers; or (b) such other purposes pertaining to the electricity industry as deemed necessary by the Commission. Investment 44d. (1) The moneys in the Electricity Industry Fund shall, in so far as they are not required or immediately required to be expended by the Commission for the purposes of subsection 44c(3), be invested in such manner as the Minister may, with the concurrence of the Minister of Finance, approve. (2) The Commission shall open and maintain an account or accounts to hold moneys in the Electricity Industry Fund with such bank or banks in Malaysia as it thinks fit, after consulting the Minister and the Minister of Finance, and every such account shall be operated upon in such manner as may be authorized by the Commission for such purpose from time to time. 70 Laws of Malaysia Act 447 Accounts 44e. (1) The Commission shall cause proper accounts of the Electricity Industry Fund and proper reports of its activities in respect of the Fund to be kept and shall, as soon as practicable after the end of the financial year of the Commission, cause to be prepared for that financial year— (a) a statement of accounts which shall include a balance sheet and an account of the contributions and expenditure; and (b) a statement of its activities. (2) The Commission shall as soon as practicable send a copy of the statement of accounts certified by the auditors and a copy of the auditor’s report to the Minister who shall cause them to be laid before both Houses of Parliament. Part X GENERAL Precautions in execution of work 45. (1) The execution of all work in connection with the generation or supply of electricity which may affect any street, railway, tramway, river, canal or other waterway or any system of irrigation, drainage or water supply or any communications, harbour works or other public or private works, and the erection of any supply line crossing, whether overhead or underground, shall be carried out in the prescribed manner and without prejudice to public or private safety. (2) Any person who contravenes or fails to comply with this section commits an offence under this Act. Audit of licensees and non-domestic electrical installations owners or operators 45a. (1) The Commission may conduct an audit at any time or at such intervals as determined by it require a licensee or non-domestic electrical installation owner or operator to appoint at their own cost an independent expert to audit on any matter Electricity Supply 71 under Part IV and safety of installations and equipment under Part VIIa of this Act or any information which a licensee or non-domestic electrical installation owner or operator furnishes to the Commission. (2) The audit shall be conducted in accordance with any codes, guidelines or directions issued by the Commission under this Act. (3) The Commission may determine the class or category of licensee or non-domestic electrical installation owner or operator that are to be subject to an audit. (4) The licensee or non-domestic electrical installation owner or operator shall establish to the satisfaction of the Commission that such independent expert referred to in subsection (1) has the necessary qualification and competence. (5) The licensee or non-domestic electrical installation owner or operator shall forward a copy of a report of such audit to the Commission within the time as specified by the Commission. (6) A licensee or non-domestic electrical installation owner or operator who— (a) fails to furnish any information as may be required by the Commission under section 52b; (b) intentionally alters, suppresses or destroys any document or information which he has been required by written notice to produce; or (c) refuses to assist or facilitate, or obstructs the Commission, its authorized officers or appointed consultants in conducting an audit under this section, commits an offence. Determination of standards of installation or equipment 45b. The Commission may determine the standards applicable to any installation or equipment and such standards as may be prescribed in the regulations, codes or guidelines made or issued under this Act. 72 Laws of Malaysia Act 447 Keeping of records and documents 45c. A licensee, non-domestic electrical installation owner or operator, registered manufacturer or importer, registered private wiring unit, registered electrical services contractor, registered electrical sign contractor, registered switch board manufacturer, registered electrical contractor, registered training and examination center or institution and registered conformity assessment body shall keep records and documents in respect of matters and for a period of time as may be prescribed. Electrical interference with Government signalling lines 46. (1) If the Commission is satisfied that the working or operation of any installation, metering infrastructure, telemetering, application of communications over supply lines, causes electrical interference with any communications or other electrical signalling process or circuit owned or operated by or on behalf of the Federal Government or any State Government, or any supply authority, the Commission shall call upon the owner or licensee to abate the interference, and if, within a period of fourteen days or such longer period as the Commission considers reasonable in any particular circumstances, the interference has not been effectually abated the Commission shall report the matter to the Minister who may in his discretion— (a) in the case of a licensed installation, order the suspension of the licence; (b) in the case of an unlicensed installation, by order, prohibit the working or operation thereof; or (c) in the case of any other installation, by order, prohibit the working or operation of such part thereof which causes the electrical interference, until arrangements have been made to the satisfaction of the Commission for preventing the recurrence of such electrical interference as aforesaid, and if, in the case of a licensed installation, no such arrangements have been made, then the Minister may order that the licence for the said installation be revoked absolutely. Electricity Supply 73 (2) For any loss caused to a licensee by the suspension or revocation of a licence under this section the licensee may claim compensation from the Federal Government, State Government or any supply authority, as the case may be: Provided that no claim shall be allowed and no compensation shall be paid where the electrical interference referred to in subsection (1) has been caused by an installation which does not comply with any regulation for regulating electrical interference made under any written law relating to telegraphs for the time being in force. (3) If the claim be allowed, the compensation shall, unless settled by mutual agreement of the Federal Government, State Government or the supply authority, as the case may be, and the licensee, be determined by arbitration. Precautions against atmospheric electricity 47. Any department of the Federal Government or any State Government or any other consumer taking or using electricity from any installation shall, if the Commission so requires, provide such means for obviating any risk of damage to such installation by atmospheric electricity as may be directed by the Commission or as may be prescribed by regulations under this Act. Restriction of connection with the earth 48. (1) No person shall, in the generation, transmission, supply or use of electricity, permit any part of his supply lines to be connected with the earth except as may be prescribed by regulations under this Act, provided in the relevant codes issued under this Act or be expressly permitted by the Commission. (2) In the event of any breach of subsection (1), the Commission may by written order require the licensee or owner to remove the connection and may prohibit the use of any supply line or works or installation until the order is complied with, and every such order shall be complied with by the person concerned. 74 Laws of Malaysia Act 447 Procedure in case of dangerous defect in installation or part thereof 49. (1) In the event of the Commission finding that there is in any installation or part thereof any defect which in the opinion of the Commission is likely to cause danger, the Commission may, by notice in writing served upon the licensee or owner thereof, or if such licensee or owner cannot be found, posted at the place where the installation is located, require the defect to be made good or removed within such period as may be specified in the notice, and in such case the installation or part thereof shall not be operated or used after the expiration of the period specified unless the defect has been made good or removed to the satisfaction of the Commission: Provided that, if the Commission is of the opinion, that the defect is likely to cause immediate danger, the Commission may, by notice posted or served as aforesaid, forthwith suspend the operation and use of the installation, and if necessary seal the installation or part thereof until the defect is made good or removed. The installation or part thereof shall not be operated or used so long as the notice of suspension remains unrevoked and the seal is not removed by authorized officer. (2) Every licensee and every management and person in charge of any installation upon being aware of any defect therein which is likely to cause danger shall forthwith make good or remove the defects, and every consumer upon being aware of any defect in any equipment which is likely to cause danger shall forthwith make good or remove the defect, or make a report thereof to the Commission. (3) If in the opinion of the Commission any defect in an installation in respect whereof a licence is in force is of a nature that it cannot be made good or removed, the Commission shall hold an enquiry and, if the Commission considers it necessary so to do, shall cancelled the licence. (4) The licensee or owner shall not be entitled to compensation for any loss caused to the licensee or owner by the suspension of operation and use of, and the sealing of any installation or part thereof or by the suspension or cancellation of a licence under this section. (5) Any person who contravenes or fails to comply with subsections (1) and (2) commits an offence under this Act. Electricity Supply 75 Prohibition of employment of children 50. (1) No licensee or management shall employ or permit to be employed any person under the age of sixteen years in any service involving management of or attendance on or proximity to live equipment not effectively insulated. (2) Any person who contravenes this section commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit. Development of codes by the Commission and compliance of the codes 50a. (1) The Commission may, with the approval of the Minister, develop and issue codes relating to the generation, transmission, distribution, supply and use of electricity and for electrical safety. (2) The Commission may develop and issue such additional codes as it deems fit and expedient or as the Minister may from time to time direct, as the case may be. (3) All codes developed and issued pursuant to this section shall only be effective upon registration by the Commission. (4) All licensees, non-domestic electrical installation owners or operators shall comply with the codes. (5) Unless otherwise determined by the Commission, in ensuring reliability, safety and security of the electricity networks, the codes issued under this section shall take precedence over any agreement that may exist between the parties mentioned in subsection (4). Retention of documents by Commission 50b. (1) Any licensee, non-domestic electrical installation owner or operator upon being directed by the Commission shall furnish document to the Commission failing which the Commission may take possession of the document. 76 Laws of Malaysia Act 447 (2) Any document furnished to or taken by the Commission under subsection (1) may be retained as long as necessary by the Commission. (3) The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Commission to be a true copy. (4) Until a certified copy is supplied, the Commission may, at such times and places as the Commission thinks appropriate, permit the person otherwise entitled to possession of the document or a person authorized by that person, to inspect and make copies of or take extracts from the document. (5) If the Commission is satisfied that the retaining of the documents is no longer necessary, the Commission may as soon as practicable return the documents to the person who provided the documents under subsection (1). Guidelines or directions by Commission 50c. (1) The Commission may, from time to time, issue guidelines or directions on any matter as provided under this Act to any licensee, non-domestic electrical installation owner or operator, registered manufacturer or importer, competent person or any person. (2) The Commission may, from time to time, issue any direction in writing to any licensee, non-domestic electrical installation owner or operator, registered manufacturer or importer, competent person or any person on the compliance or non-compliance of the Act or any regulations made under this Act, conditions of licences, including the remedying of a breach of a licence condition or on any other matter requiring the making of a direction or specifically to be made the subject of a direction under this Act in accordance with such procedures as may be prescribed. (3) The guidelines or directions issued by the Commission under this section shall be registered and shall be effective from the date of such registration or such later date as the Commission may specify in the guidelines or directions. Electricity Supply 77 (4) A licensee, non-domestic electrical installation owner or operator, registered manufacturer or importer, competent person or any person shall comply with the guidelines and directions. Variation, review or revocation of codes, guidelines or directions by the Commission 50d. (1) The Commission may vary, review or revoke any codes, guidelines or directions issued under this Act. (2) The procedures set out in subsections 50c(3) and (4) shall apply in respect of any variation, review or revocation of the codes, guidelines or directions. Offence for non-compliance with codes, guidelines or directions of the Commission 50e. A person who fails to comply with any codes, guidelines or directions of the Commission issued under this Act commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both. Register of codes, guidelines or directions 50f. The Commission shall maintain a register of all codes, guidelines or directions issued by the Commission under this Act, including any variation, review or revocation of the codes, guidelines or directions. Special powers of emergency 51. (1) The Yang di-Pertuan Agong may on the occurrence of any industrial unrest, strike, lock-out or any other event which gives rise to an emergency or in the interest of public safety, authorize the Commission to— (a) suspend the licence of any licensee, take temporary possession of any installation of such licensee and operate it in such manner as the Commission deems fit; or 78 Laws of Malaysia Act 447 (b) withdraw either partially or totally the use of any installation or facility from any person or class of persons or from the public at large. (2) If any doubt arises as to the existence of an emergency or whether any act done under subsection (1) was in the interest of public safety, a certificate signed by the Yang di-Pertuan Agong and exhibited at such places as the Minister deems fit shall be conclusive proof on the point. Power to declare sources of water 52. (1) The State Authority in any State, may, at the request of the Commission on behalf of any licensee, by order declare any lake, river or waterway or any part thereof to be a source of water for the purposes of the licensee as stipulated in the terms and conditions of his licence and, in making the declaration, the State Authority may impose such conditions and restrictions as it deems fit. (2) Notwithstanding anything contained in any written law, no person shall dam up or otherwise interfere with any such source of water without first serving on the licensee either personally or by registered post a three months’ notice, in such form as may be prescribed, specifying the work he proposes to undertake. (3) At any time before the expiration of the time specified in the notice the licensee may, if he considers that the work referred to in subsection (2) will materially affect his functions, by notice in writing served on the person, either personally or by registered post— (a) prohibit the person from proceeding with the work; or (b) attach conditions to the undertaking of the work by the person. (4) Any person dissatisfied with the action taken by the licensee under subsection (3) may appeal to the State Authority whose decision shall be final. Electricity Supply 79 (5) Any person who— (a) dams up or otherwise interferes with any source of water declared under subsection (1) without serving the notice required by subsection (2); (b) undertakes any work prohibited under this section; or (c) fails to comply with any conditions imposed under this section, commits an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit, and a further fine not exceeding one hundred ringgit for every day or part of a day during which the offence continues after conviction. (6) Notwithstanding any declaration made under subsection (1), nothing in this section shall affect any licence granted not less than twenty-five years before the date of the declaration under any written law to divert water from any lake, river or waterway, for the purpose of a public installation, the holder of which has not, in the opinion of the State Authority, made reasonable use, for the purposes of the installation, of the rights arising out of the licence in connection with any lake, river, waterway or part thereof declared to be a source of water. Supply infrastructure information security 52a. (1) Any licensee as directed by the Commission providing supply of electricity to consumers shall be responsible for the preservation of confidentiality, integrity and availability of its information, information systems and supporting network infrastructure pertaining to its duties and other matters as provided under this Act. (2) The licensee shall— (a) take the necessary measures, establish and implement standards and employ the relevant information security controls to prevent, avoid, remedy, recover or restore 80 Laws of Malaysia Act 447 its information, document, instrument or records stored in its computers and for its operational system by its computers from any risk of— (i) threat or unauthorized access; and (ii) intrusion or removal; (b) take necessary measures to ensure the resiliency of its supporting network infrastructure to minimize business impact against various threats to its activities under the licence; and (c) ensure that the reliability, continuity and quality of electricity supply, its performance of duties and conformity to the provisions of this Act and any regulations made thereunder shall not be jeopardized thereby, and shall report to the Commission within the time specified by the Commission, and in the event of any incident which interferes or affects the performance of the activities under the licence, report such incident immediately to the Commission and other relevant authorities. (3) Any licensee who fails, neglects to comply with or contravenes any provision of this section commits an offence and shall, on conviction, be liable to a fine not exceeding three hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both. (4) For the purposes of this section— “supporting network infrastructure” refers to relevant connection, network devices, hardware and software that provides network services in supporting business functions; “information security controls” refers to means of managing risk, including policies, procedures, guidelines, practices or organizational structures, which can be administrative, technical, management or legal in nature; “resiliency” means an ability of an organization to resist being affected by an incident. Electricity Supply 81 Obligation to give information 52b. (1) The Commission may authorize any of its officer to obtain any information pertaining to the licensee or any other person under this Act and shall be given access to such information whether stored in a computer or otherwise. (2) Any officer authorized by the Commission under subsection (1), shall have the power to require the production of records, accounts, data, computerized data and documents kept by a licensee or any other person and to inspect, examine and to download from them, make copies of them or take extracts from them. (3) For the purposes of this section, “access” includes being provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of computerized data. (4) Any person who refuses to give any information which may reasonably be required of him under subsection (1) and which he has in his knowledge or power to give commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both. Part XI POWER TO MAKE REGULATIONS Power to make regulations 53. (1) The Minister may make regulations in respect of any matter which may be prescribed under this Act and in particular— (a) the procedures for the Commission in the exercise of its functions, duties and powers under this Act; (b) the intervals, times and manner in which any installation or equipment shall be inspected, the notice (if any) to be given in relation to inspections and the preparations to be made by the licensee or any management for inspections; 82 Laws of Malaysia Act 447 (c) the minimum standards and specifications which shall be used in the design, construction, protection and maintenance of installations and equipment, the conditions under which any installation or equipment shall be worked or operated and the prohibition of the use of dangerous equipment; (d) the manner in which electricity shall be measured and the standards of measurement which shall be employed and the manner in which electricity is permitted to be or is prohibited from being supplied or used; (e) the standards to be adopted for measurement of the dimensions of any installation or equipment; (f) the manner of regulation and the limits of variation of the nature, voltage and frequency of the electricity supplied; (g) the class or design of wires, fittings and equipment to be used and the manner in which the wires, fittings and equipment shall be erected, fixed, arranged, protected, controlled, inspected, tested and maintained; (h) the fees to be paid for licences and Certificates of Registration of installations and any other fee which is required to be prescribed under this Act; (i) the form and period of validity of Certificates of Registration and the conditions for suspension, extension and revocation of Certificates of Registration; (j) the minimum qualifications to be possessed by persons before they may be entrusted with the design, construction, erection, testing, operation, maintenance, repair or alteration of any installation, plant or equipment or with the charge, control or operation of any installation, plant or equipment; (k) the nature of tests to be employed for ascertaining whether any person possesses the necessary qualifications prescribed for the purpose of competent control and other purposes, and the issue, suspension or revocation of certificates of competency, and to prescribe fees to be paid for such tests and certificates; (l) the registration and classification of private wiring unit, electrical contractor, electrical services contractor, electrical repair contractor, electrical sign contractors, switch board manufacturers and competent persons, and to prescribe fees for such registration; Electricity Supply 83 (m) the measures to be taken and the equipment to be supplied and used in connection with installations in order to secure public and private safety; (n) the precautions to be taken on the relief of any person in the control of any installation, plant or equipment and the manner of notifying to the Commission the names and qualifications of any person placed in the control of any installation and of the operation of any plant or equipment; (o) the manner of calculating the capacity of any system, installation, equipment, cable, generator and/or motor; (p) the manner of determination of disputes, holding enquiries and arbitration under this Act; (q) the form of notices and the manner of service thereof; (r) the appraisal and approval, where necessary, of any domestic or other equipment to be manufactured, imported, displayed, sold, advertised, installed or used and to prescribe fees to be paid thereof; (s) the provisions for the licensees with respect to matters pertaining to— (i) the inspection of any installation or part thereof; (ii) the erection and fixing of public lamps; (iii) the disconnection of supplying of electricity; and (iv) any other matter connected therewith; (t) the submission of financial statements and audited reports by the licensees; (u) the manner of execution of works in connection with the generation or supply of electricity without prejudice to public or private safety; (v) the means to be adopted, whether by prohibition or otherwise, to prevent or abate any nuisance likely to arise or arising from the working of any installation, plant or equipment; 84 Laws of Malaysia Act 447 (w) the fees payable in respect of the inspection, testing and maintenance of consumers’ installations and apparatus, of the fixing and testing of meters, and in respect of any other service properly rendered on account of consumers; (x) the regulation of the licensee and consumer relationship such as provisions on the recovery of charges for electricity supply including any surcharges for late payment, the annual interest payable by a licensee to any person for any security given and any rates or conditions connected thereto, connection, disconnection or restoration of supply by the licensee, entry into any premises by the licensee or his authorized officers for purposes related to the supply, connection, disconnection or restoration of supply, entry for purposes of replacing, repairing or altering any electricity line or electrical plant or equipment and the form of any notice required; (xa) the standards, specifications, practices and measures to be adopted and any other matter relating to the efficient use of electricity; (xb) the standards, specification, practices and measures to be adopted and any other matters relating to power quality; (xc) matters relating to metering, prepaid metering, metering infrastructure, telemetering, equipment, electrical product and consumer electrical equipment; (xd) matters relating to use of supply line for the purposes of communications as set out under section 44a; (xe) in respect of the import and manufacture of consumer electrical equipment, the registration of importers and manufacturers and conformity assessment bodies pertaining to the consumer electrical equipment, training and examination center or institution and to prescribe fees for such registration; (xf) matters relating to the Electricity Industry Fund; (xg) matters relating to the licensing under the Act; (xh) all functions, duties and responsibilities of the System Operator and the Single Buyer; (xi) the revision of the safety management plan and safety management programme and for the audit of the licensee and non-domestic installation owner or operator; Electricity Supply 85 (xj) the fees payable in respect of efficient use of electricity by equipment and approval thereof; (xk) matters relating to registration of person providing service relating to efficient use of electricity and the payment of fees for processing application and registration; (xl) matters and period of time for keeping of records and documents; and (y) any other matter generally to give effect to the provisions of this Act. (2) Any regulations made under subsection (1) may prescribe any act in contravention of the regulations to be an offence and may prescribe a fine not exceeding twenty thousand ringgit or imprisonment for a term not exceeding two years, or both, for such offence. Part XII MISCELLANEOUS Exemptions 54. (1) The Minister may, upon the recommendation of the Commission, by notification in the Gazette exempt from any or all of the provisions of this Act or any regulation made or codes issued thereunder for any period as specified— (a) any installation, or part thereof, owned by or worked by or on behalf of any supply authority or licensee; (b) any other particular class of installation, plant or equipment, and may, by similar notification, cancel any exemption so notified. (2) The Commission may recommend to the Minister the conditions to be applicable to an exemption granted under subsection (1). (3) Except as otherwise provided in the exemption, an exemption under subsection (1) may be varied or revoked. 86 Laws of Malaysia Act 447 Transitional provision and restrictions attached to licences issued prior to this Act 55. (1) Any licence for any private or public installation granted to any person under any written law promulgated prior to this Act shall be deemed to have been granted under this Act and shall remain valid until it is revoked under this Act and the provisions of this Act shall apply to such person as if he were a licensee under this Act. (2) Notwithstanding anything contained in any licence for a public installation issued under any written law promulgated prior to this Act, no holder of any such licence shall, without the prior approval of the Commission— (a) acquire any land or buildings for the purposes of such installation; (b) commence any new scheme for the supply of electricity; (c) extend any existing installation or area of supply; or (d) install any new, or replace any existing plant or equipment for the purposes of such installation. Failure to comply with this subsection shall render the licensee liable to have his licence revoked at the discretion of the Commission. Repeal of Electricity Act 1949 and Electrical Inspectorate Act 1983 and savings in respect thereof 56. (1) The Electricity Act 1949 [Act 116] and the Electrical Inspectorate Act 1983 [Act 277] are hereby repealed. (2) Any regulation made under the Electrical Inspectorate Act 1983 shall continue in force until revoked or replaced by regulations made under this Act. (3) The Minister may, whenever it appears to him necessary or expedient so to do whether for the purpose of removing difficulties or in consequence of the passing of this Act, by order make such modifications to any provision in any regulation in subsection (2) as he may think fit. *NOTE—see section 42 of the Electricity Supply (Amendment) Act 2015 [Act A1501] w.e.f 1 November 2016 which provides the following provision: Electricity Supply 87 Savings and transitional 42.

(1) Any registration, licence, act, order, direction, approval or decision done, made or given before the date of coming into operation of this Act shall be deemed to have been done, made or given under this Act and shall continue in full force and effect in relation to whom they apply until revoked or amended. (2) Any action or proceedings commenced or pending immediately before the date of coming into operation of this Act shall, after the date of coming into operation of this Act, be continued as if the principal Act had not been amended by this Act. (3) Where on the date of coming into operation of this Act applications for registration of installations under section 21 of the principal Act are pending before the Commission, the provisions of the principal Act relating to registration of installations as amended by this Act shall apply. (4) Where on the date of coming into operation of this Act requests for the supply of electricity are pending before the licensee, the provisions of the principal Act relating to the exceptions to duty to supply electricity as amended by this Act shall apply. (5) Where on the date of coming into operation of this Act special agreement under section 29 of the principal Act between licensee and any person are being negotiated, the provisions of the principal Act relating to the special agreement with respect to supply as amended by this Act shall apply. (6) A commercial or industrial premises that has not been approved pursuant to or is in contravention of the Local Government Act 1976 and Town and Country Planning Act 1976 on the date of coming into operation of this Act shall cease to be supplied with electricity at the expiration of twenty-four months from the date of coming into operation of this Act unless the commercial or industrial premises has been approved pursuant to or is not in contravention of the Local Government Act 1976 and Town and Country Planning Act 1976. (7) Where a dispute under sections 9e, 17, 24, 25, 26, 27, 28, 28a, 29 and 32 of the principal Act arose before the coming into operation of this Act, the provisions of the principal Act applicable to the determination of dispute as amended by this Act shall apply. (8) Where any accident or fire causing or resulting in loss of life or hurt to any person or serious damage to property occurred before the date of coming into operation of this Act and the authorized officer has not forwarded his report on such accident or fire, the provision of the principal Act applicable to notification of accident or fire as amended by this Act shall apply. (9) Any person who provides any service relating to efficient use of electricity before the date of coming into operation of this Act, shall register with the Commission within twelve months from the date of coming into operation of this Act. 88 Laws of Malaysia Act 447 First Schedule [Subsection 11(2)] MALAYSIA STATE OF ………… ELECTRICITY SUPPLY ACT 1990 NOTICE OF INTENTION TO ENTER AND DO WORK ON LAND UNDER SECTION 11 To: Title or other description of land………………………………………………. Take notice that I/we………………………of………………………being the holder of a licence dated………………………under the Electricity Supply Act 1990 am/are desirous of entering the above-mentioned land for the purpose of (here set out as fully and accurately as possible what is intended to be done). Within fourteen days from the date of receipt of this notice you may lodge an objection either verbally or in writing with the District Land Administrator at …………………………………………………… The District Land Administrator has appointed ………………… as the day upon which objections will be heard. Unless you lodge an objection within the specified time, it will be presumed that you have consented to my/our entering on the land on the terms of this notice. You will be paid proper compensation for any damage done. Dated this…………………… day of ………………20……… .................................. Licensee Electricity Supply 89 Second Schedule [Subsection 11(7)] MALAYSIA STATE OF…………… ELECTRICITY SUPPLY ACT 1990 ORDER OF THE DISTRICT LAND ADMINISTRATOR IN RESPECT OF OBJECTION ON THE ENTRY ON LAND To: In the matter of an enquiry held under subsection 11(6) of the Electricity Supply Act 1990 between the licensee and the owner of the land situated on Lot No. ………, Title No.……………………………….., Mukim…………………………………… An enquiry has been held on……………… before ……………………………… the District Land Administrator …………………………………… in the presence of……………………………………………………. on behalf of the licensee and ……………………………………. on behalf of the land owner. After holding the enquiry it is hereby ordered as follows: *(a) the licensee is allowed to enter the said land to do the works as specified in the notice issued under subsection 11(2) of the Electricity Supply Act 1990. *(b) the licensee is allowed to enter the said land to do the works as specified in the notice issued under subsection 11(2) of the Electricity Supply Act 1990 subject to the following conditions: (i) (ii) (iii) (iv) (state the conditions) *(c) the licensee is not allowed to enter the said land to do the works specified in the notice issued under subsection 11(2) of the Electricity Supply Act 1990. Dated this ……day of ……20………. ....................................................... District Land Administrator *delete whichever is not applicable 90 Laws of Malaysia Act 447 third schedule [Subsection 16(1)] MALAYSIA STATE OF………… ELECTRICITY SUPPLY ACT 1990 ASSESSMENT To: In the matter of an enquiry for the payment of compensation under section 10*, 11* or 13* of the Electricity Supply Act 1990 between the licensee and the owner of the land situated on Lot No………………, Title No. ………………, Mukim…………… An enquiry has been held on ……………… before ………………… the District Land Administrator ………………… in the presence of ………………… on behalf of the licensee and ................ on behalf of the land owner. After holding the enquiry it is hereby ordered that the compensation payable by the licensee to the land owner is as follows: Dated this …………… day of……… 20……… ............................................... District Land Administrator *delete whichever is not applicable Electricity Supply 91 LAWS OF MALAYSIA Act 447 ELECTRICITY SUPPLY ACT 1957 LIST OF AMENDMENTS Amending law Short title In force from P.U. (A) 272/1990 Suspension of the Operation of the 01-09-1990 Act (Sarawak) Order 1990 Act A1116 Electricity Supply (Amendment) 02-01-2002 Act 2001 Act A1501 Electricity Supply (Amendment) 01-01-2016 Act 2015 92 Laws of Malaysia Act 447 LAWS OF MALAYSIA Act 447 ELECTRICITY SUPPLY ACT 1957 LIST OF SECTIONS AMENDED Section Amending authority In force from Long title Act A1116 02-01-2002 2 Act A1116 02-01-2002 Act A1501 01-01-2016 3 Act A1116 02-01-2002 Heading of Part III Act A1116 02-01-2002 4 Act A1116 02-01-2002 Act A1501 01-01-2016 4a Act A1116 02-01-2002 Act A1501 01-01-2016 5 Act A1116 02-01-2002 5a Act A1501 01-01-2016 5b Act A1501 01-01-2016 6 Act A1116 02-01-2002 7 Act A1116 02-01-2002 Act A1501 01-01-2016 8 Act A1116 02-01-2002 Act A1501 01-01-2016 9 Act A1116 02-01-2002 Act A1501 01-01-2016 9a Act A1501 01-01-2016 9b Act A1501 01-01-2016 Electricity Supply 93 Section Amending authority In force from 9c Act A1501 01-01-2016 9d Act A1501 01-01-2016 9e Act A1501 01-01-2016 11 Act A1116 02-01-2002 12 Act A1116 02-01-2002 Act A1501 01-01-2016 17 Act A1116 02-01-2002 Act A1501 01-01-2016 18 Act A1116 02-01-2002 19 Act A1116 02-01-2002 20 Act A1116 02-01-2002 21 Act A1116 02-01-2002 Act A1501 01-01-2016 22 Act A1116 02-01-2002 22a Act A1501 01-01-2016 22b Act A1501 01-01-2016 23a Act A1116 02-01-2002 23b Act A1116 02-01-2002 23c Act A1116 02-01-2002 23d Act A1501 01-01-2016 24 Act A1501 01-01-2016 25 Act A1501 01-01-2016 26 Act A1501 01-01-2016 26a Act A1116 02-01-2002 27 Act A1501 01-01-2016 28 Act A1116 02-01-2002 94 Laws of Malaysia Act 447 Section Amending authority In force from 28a Act A1116 02-01-2002 28b Act A1501 01-01-2016 29 Act A1501 01-01-2016 30 Act A1116 02-01-2002 Act A1501 01-01-2016 30a Act A1501 01-01-2016 30b Act A1501 01-01-2016 31 Act A1116 02-01-2002 32 Act A1501 01-01-2016 33 Act A1116 02-01-2002 Act A1501 01-01-2016 Part VIIa Act A1501 01-01-2016 33a Act A1501 01-01-2016 33b Act A1501 01-01-2016 33c Act A1501 01-01-2016 33d Act A1501 01-01-2016 33e Act A1501 01-01-2016 33f Act A1501 01-01-2016 34 Act A1116 02-01-2002 35 Act A1116 02-01-2002 36 Act A1116 02-01-2002 Act A1501 01-01-2016 37 Act A1116 02-01-2002 Act A1501 01-01-2016 37a Act A1501 01-01-2016 37b Act A1501 01-01-2016 Electricity Supply 95 Section Amending authority In force from 38 Act A1116 02-01-2002 Act A1501 01-01-2016 40 Act A1116 02-01-2002 41 Act A1116 02-01-2002 42 Act A1116 02-01-2002 43 Act A1116 02-01-2002 Act A1501 01-01-2016 44a Act A1501 01-01-2016 Part IXa Act A1501 01-01-2016 44b Act A1501 01-01-2016 44c Act A1501 01-01-2016 44d Act A1501 01-01-2016 44e Act A1501 01-01-2016 45 Act A1116 02-01-2002 Act A1501 01-01-2016 45a Act A1501 01-01-2016 45b Act A1501 01-01-2016 45c Act A1501 01-01-2016 46 Act A1116 02-01-2002 Act A1501 01-01-2016 47 Act A1116 02-01-2002 48 Act A1116 02-01-2002 Act A1501 01-01-2016 50a Act A1501 01-01-2016 50b Act A1501 01-01-2016 50c Act A1501 01-01-2016 50d Act A1501 01-01-2016 96 Laws of Malaysia Act 447 Section Amending authority In force from 50e Act A1501 01-01-2016 50f Act A1501 01-01-2016 51 Act A1116 02-01-2002 52 Act A1116 02-01-2002 52a Act A1501 01-01-2016 52b Act A1501 01-01-2016 53 Act A1116 02-01-2002 Act A1501 01-01-2016 54 Act A1501 01-01-2016 55 Act A1116 02-01-2002 DICETAK OLEH PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA WJW23/1149 01-11-2023