(a) to advice the Government , on all matters concerning the generation, transmission, distribution, supply and use of electricity in Sri Lanka;

(b) to exercise licensing, regulatory and inspection functions, as the case may be in respect of matters provided for in this Act, licences, regulations standards of performance, codes of practice and other requirement of or made under this act relating to the generation transmission, distribution, supply and use of electricity in Sri Lanka;

(c) to approve such technical and operational codes and standards as are required from time to time to be developed by licensees ;

(d) to regulate tariffs and other charge levied by licenses and other electricity undertaking ;

(e) after consultation with transmission and distribution licensees, to publish a statement setting out the rights and obligations of consumers arising under sections 22 to 28 of, and Schedules 1 and 2 this Act :

(f) to collect and record information relating to the generation, transmission, distribution, supply and use of electricity in Sri Lanka ;

(g) to set and enforce technical and other standards relating to the safety, quality, continuity and reliability of electricity supply service and metering service ;

(h) to promote the efficient use and conservation of electricity ;

(i) to prepare, within three month of the coming into operation of this Chapter and service, from time to time thereafter, a regulatory manual containing a code of good practice relating to the functions assigned to the Commission by or under this Act ;

(f) to pursue any matter relating to the functions conferred on or assigned to the Commission by or under this Act within such period and in such manner as may be specified in the regulatory manual ;

(k) subject to the provisions of this Act, to consult to the extent the Commission considers appropriate, any person or group of persons who may be affected, or are likely to be affected, by the decisions of the Commissions and

(l) to undertake all incidental or ancillary measures that it considers appropriate for the effective discharge of its functions.

(1) The Commission shall discharge the functions assigned to it by or under this Act in a manner which it considers is best calculated-

(hereinafter referred to as one "objectives")

(2) In this section, " the interests of consumers" includes the interest existing and future consumers with regard to-

(1) The Minister shall have the power to formulate general policy guidelines in respect of the electricity industry.

(2) Without prejudice to the generality of subsection (1) in shall be lawful for the Minister to forward such guidelines to the Cabinet of Ministers for consideration on the following matters :-

and upon such guidelines being issued, the Commission shall take such general policy guidelines into consideration when discharging its functions.

(1) The Commission may appoint electrical inspectors for the purpose of this Act.

(2) It shall be the duty of an electrical inspector appointed under subsection (1) -

(3) Regulations may be made -

(4) Any fees received by the electrical inspectors under this section shall be credited to the Fund of the Commission.

(1) A persons shall not -

Unless he is authorized to do so by a licence granted under this Act or is exempted from such requirement under section 9.

(2) A person who contravenes the provisions of subsection (1) shall be guilty of an offence under this Act and shall be liable on conviction after summary trial before a Magistrate to a fine not less than one hundred thousand rupees and not exceeding two hundred thousand rupees or to imprisonment of either description for a term not less than six months and not exceeding one year or to both such fine and imprisonment.

(3) No proceedings shall be instituted in respect of an offence under this section except with the written sanction of the Commission.

(1) The Commission may by order published in the Gazette. Exempt any person or category of persons from the requirement of obtaining a licence for generating or distributing electricity, having regard to the manner in which or the quantity of electricity likely to be generated or distributed by such person or category of persons.

(2) Every such exception shall be to such extent, and subject to such conditions, and for such period, as may be specified in such Order.

(1) Upon receipt of an application under section 10 and where the Commission intends to grant the licence or extension applied for the Commission shall-

(2) Every notice under subsection (1) shall -

(1) The Commission May -

(2) Forthwith upon the grants of a licence or an extension under this section, the Commission shall cause to be published in the Gazette, a notification giving details of the license or extension granted. Including the persons to whom, and the purposes for which it was granted the term of such licence or extension as the case may be, and the conditions subject to which it was granted.

(3) A person shall not be granted both a transmission licence and -

(4) A person shall not be granted both a generation licence and a distribution licence ;

(1) Every generation, transmission or distribution licence or extension thereof granted under this Act shall -

(2) As soon as practicable after granting a generation. Transmission or distribution licence or extension thereof the Commission shall a copy thereof -

(1) A generation, transmission or distribution licence may include -

(2) Conditions included in a generation. Transmission, or distribution licence may include, requirement -

(3) Any sum received by the Commission by virtue of any condition of a licence shall be paid into the Fund of the Commission.

(a) prescribing how it shall discharge the functions assigned to the licence under this Act, in so far as such condition is not inconsistent with any provision of this Act ;

(b) requiring the licensee to sell electricity generated by the licensee exclusively and only to transmission licensee ;

(c) requiring the licensee to adhere to all environmental laws for the time being in force ;

(d) requiring the licensee to take all possible step to protect persons, plants and equipment from injury and damage ;

(e) requiring the licensee to implement and maintain such technical or operation codes in relation to the generation system as the Commission consider necessary or expedient ; and

(f) requiring to develop and maintain elector lines cables plants and fuel handing and associated equipment.

(a) prescribing how the licensee shall discharge the functions assigned to the licensee under this act, in so far as such condition is not inconsistent with any provision of this Act ;

(b) requiring the licensee to forecast future demand, to plan the development of the licensee's transmission system, and to procure the development of new generation plant to meet reasonable forecast demand ;

(c) requiring the licensee to purchase electricity and other goods and services on the most economically advantageous terms ;

(d) relating in the establishment of tariffs the licensee may charge for the bulk sales of electricity and tariffs for the use of the transmission system by generation licensees and distributions licensees ;

(e) requiring the licensee to maintain separate accounts in respect of different parts of the licensee's business and prohibiting cross subsidy between those parts ;

(f) requiring the licensee to implement and maintain such technical or operational codes in relation to the transmission system (including a grid code ) as the Commission considers necessary or expedient ;

(g) requiring the licensee to develop and maintain electric lines or electrical plant or both ; and

(h) requiring the licensee to develop and operate a transparent generation dispatch model,

and may include condition allowing the transmission licensee to sell electricity in bulk to certain consumers who are connected to the transmission licensee's transmission system and are identified in the transmission licence, subject to such further conditions as included in that licence relating to such bulk sales.

(a) prescribing how the licensee shall discharge the function assigned to the licensee by or under this Act in so far as such conditions are not inconsistent with any provisions of this Act ;

(b) requiring the licensee to publish codes of practice in relation to consumer issues containing such provisions as the Commission considers necessary for the protection of consumers, including provision relating to -

(c) requiring the licensee to implement and maintain such technical or operational codes in relation to the electricity distribution network as the Commissions considers necessary or expedient ; and

(d) requiring the licensee to develop and maintain electric lines or electric plant or both.

(1) A licence shall be capable of being assigned either in whole or in part if it includes a condition authorizing such assignment.

(2) A licence shall not be capable of being assigned except with the consent of the Commission.

(3) in deciding whether to give its consent under subsection (2), the Commission shall the same criteria as it would apply if it were deciding whether to grant a corresponding licence or part of a corresponding licence to the assignee.

(4) A consent under subsection (3) may be given subject to the assignee agreeing to -

(5) A licence may include conditions authorising assignment subject to compliance by the assignee of certain specified conditions.

(6) an assignment or purported assignment, of a licence shall be void -

(1) The Commission may, after considering any representation made to it in response to a notice published under subsection (2) and by order published in the Gazette revoke a generation. Transmission or distribution licence, in accordance with the terms as revocation contained in such licence.

(2) Before revoking any licence under subsection (1) the Commission shall by notice published in the Gazette and by such other means as it considers appropriate doe bringing it to the attention of persons likely to be affected by the revocation state that it proposes to revoke the licence specified in the notice, and the reasons for proposing to do so, and specify a period within which representations may be made to it against such revocation.

(1) Every application for an exemption under section 9 may be made, in writing to the Commission in such form as may be prescribed and shall be accompanied by such information, documents and fees as may be prescribed by regulation.

(2) The provision of subsection (1) and (2) of section 11 shall, mutatis mutandis, apply in relation to an application under subsection (1).

(3) The Commission shall consider any representation made to it in response to a notice published by it in pursuance of subsections (2) before granting an exemption under section 9.

(1) The Commission may, after considering any representation made to it in response to a notice published under subsection (2) by order published in the Gazette -

(2) Before revoking or withdrawing an exemption under subsection (1) the Commission shall by notice published in such manner as the Commission considers appropriate to bring it to the attention of the persons affected, state that it proposes to revoke or withdraw the exemption specified in the notice and the reasons for doing so, and specify a period within which representation may be made to the Commission against such proposed revocation or withdrawal.

(1) A transmission licensee shall-

(2) Section 6,24,25,26,27,28,39,40,41,60, and 62, of this Act and Schedule 1,2 and 3 to this Act shall, mutatis mutandis, apply to bulk sales of electricity by a transmission licences as the apply to the supply of electricity distribution licensee.

(1) A distribution licensee shall on any request by the owner or occupier of any premises within the Authorized Area of the licensee -

subject to the provision of this Part, any regulations made under this Part or section 60, and the Electricity Supply Code (as set out in Schedule 2 to this Act.)

(2) A distribution licensee shall avoid any undue preference or undue discrimination in the connection of any premises to any electricity distribution system operated by the licensee or in the terms on which the licensee makes connections or supplies electricity.

(3) The owner or occupier of any premises in the Authorized Area of a distribution licensee which-

may make a request for a supply under subsection (1) to such distribution licensee.

(4) A supply of electricity to any premises shall be on the basis of a standard tariff agreement and a distribution licensee shall inform all consumers within the Authorized Area of the distribution licence ( whether existing consumers or those persons requesting a supply ) of the requirement set out in this Part and the distribution licence. Which have to be satisfied by a consumer in order to obtain a supply of electricity.

(5) Where any person requires such a supply of electricity as is referred to in subsection (1), he or she shall request a supply from and shall inform, the distribution licensee of -

and shall provide the distribution licensee with such other information as may prescribed, from time to time, by regulation.

(6) As soon as practicable after receiving a request under subsection (5). The distribution licensee shall give to the person making the request a notice under subsection (7), if -

(7) A notice under this subsection shall -

so however, that the counter-proposals, terms and conditions proposed by the distribution licensee shall be those which the licensee is entitle to impose on that person in accordance with this Act, regulations made under this Act and the conditions of the distribution licence.

(8) In this section-

(1) Where any electric line or electrical plant is provided by the distribution licensee to a person requiring a supply of electricity under section 24 , the licensee any require any expenses reasonably incurred in providing the line or plant to be defrayed by that persons to such extent as is allowed by the conditions of the distribution license.

(2) The Commission may direct a person requiring a supply of electricity under section 24 from a distribution licensee to pay of the licensee, in of any expenses reasonably incurred in providing any electric line or electrical plant used for the purpose of giving that such amount as may be reasonable in all the circumstance taking into account -

(3) Directions given by the Commission under subsection (2) may require the distribution who has recovered an amount in respect of expenses reasonably incurred in providing any electric line or electrical plant, to apply any amount such recovered or part thereof in making such payments as may be appropriate toward reimbursing any person's previously contributing to such expenses.

(4) Any reference in this section to any expenses reasonable incurred providing an electric line or electrical plant includes a reference to the capitalized value of any expenses likely to be so incurred in maintaining the line or plant, in so far as such expenses are not recoverable by the distribution licensee as part of the charge by the licensee for the supply of electricity.

(1) Subject to the following provisions of this section a distribution licensee may require by notice in writing any persons who requires connection supply or re-connection of electricity under section 24 to provided security for the payment of all money which may become due to the licensee -

and if that persons fails to provided such security the distribution licensee may refuse to give the supply, or refuse to provided the line plant , for so long as the failure continues.

(2) Where any person has not provided such security as is required under subsection (1) or the security provided by such persons has become insufficient -

(3) Where any sum of money is provided to a distribution licensee by way in pursuance this section, the licensee shall pay interest on such sum money, at such rate approval of the Commission for the period is remains in the hands of the licensee.

(a) any terms requiring person to continue to receive and pay for the supply of electricity for a minimum period of time and subject to minimum consumption requirement ;

(b) any restrictions which may be required to be imposed for the purpose of enabling the licensee to comply with regulations under this part or section 60 or the Electricity Supply Code as set in Schedule 2 to this act ; and

(c) any terms restricting any liability of the licensee for any economic, consequential or other indirect loss sustained by such persons however arising, which it is reasonable in all the circumstances for that person to be required to accept.

(1) This section shall apply to -

(2) Transmission and bulk sale tariffs and distribution and supply tariffs as the case may be, shall in accordance with conditions specified in the relevant licence.

(3) Where a transmission licence or a distribution licensee as the case may be, contains provisions for transmission and bulk sale tariffs or distribution and supply tariffs as the case may be, to be subject to review, the Commission shall unless a procedure for the review of such tariffs is specified in the relevant licensee prescribe a procedure for review which shall include -

(4) Notwithstanding any other provision of this Act the Commissions may set tariffs and charges which require the licensee to subsidize consumers if the Commission is satisfied that there is provisions for the licensee to be adequately compensated by the Government for such subsidies.

(5) In this section, "relevant licensee " means a transmissions licensee in respect of transmission and bulk sale tariffs and a distribution licensee in respect of distribution any supply tariffs.

(a) Schedule 1 to this Act (other powers of licensees) ;

(b) Schedule 2 this Act ( the Electricity Supply Code) ;

(c) Schedule 3 to this Act ( use of electricity meters :and

(d) Schedule 4 of this Act ( preservation )

(1) subject to the following provisions of this section the Commission may modify the conditions of a generation transmissions or distribution licence if the licensee consents to the modifications.

(2) Before making modifications under this section, the Commission shall -

(3) The notice under subsection (2) Shall -

(4) The Commissions shall consider any representations and objection made to it in response to a notice published under subsection (3) before making any modifications proposed in the notice .

(5) As soon as practicable after making any modifications under this section, the Commission shall send a copy of the modifications to the licensee and to the Minister for his or her information.

(1) Subject to the following provisions of this sections the Commissions any modify the conditions of a generation, transmission or distribution licence if the licensee does not consent to the modifications.

(2) Before making any modification under this section, the commission shall investigate the following questions :-

and thereafter, provide a written report of the investigation to the Minister, who shall consider the report and any information given to him or her by the Commission in order to advise the Commissions whether or not give effect to the proposed modification.

(3) In its report to the Minister the Commission shall set out the following -

(4) The Commission may at any time, by notice to the Minister, revise the report provided under this section by adding to, or excluding matters from, such report.

(5) To assist the Minister in the consideration of the report, Commissions shall give to the Minister -

(6) As soon as practicable after preparing a report under this section, the Commissions shall -

(7) A licensee may within twenty days of service of a copy of the report on the licensee make any representations to the Minister, which the Minister shall take into consideration in making his or her decision.

(8) Within thirty five days of receiving the report under subsection (2), the Minister shall advise the Commission, in writing either to give effect to the proposed modifications, or as the case may require, not to give effect to the proposed modification. Where the Minister advises the Commissions to give effect to the proposed modifications, the Commissions shall make such modification to the conditions of the relevant licence as appear to the Commission to be necessary for the purpose of remedying or preventing the effects adverse to the public interest which have been identified in the report.

(9) The minister shall, when advising the Commission under subsection (8). State his or her reasons for his or her advice and shall have regard to the objectives set out in section 4.

(10) The Commission shall send a copy of the Minister's advice to the licensee to whom it relate and publish the advice in such manner, as it considers appropriate for bringing the advice to the attention of persons likely to be affected by it. As soon as practicable after making modifications under this section the Commissions shall send a copy of the modifications to the licensee and to the Minister.

(11)

(1) If the Commission is satisfied that a generation transmission or distribution licensee is contravening, or likely to contravene any condition of a licence, or any statutory requirement, it shall make as enforcement order containing such provision as it may deem necessary to secure compliance with such condition or requirement, by the licensee.

(2) An enforcement order -

(1) Before making an enforcement order under section 33, the Commission shall -

(2) A notice referred to in subsection (1) shall set out -

(3) Before making an enforcement order under section 33. the Commission shall consider any representations and objections made to it under subsection (2).

(4) The Commission shall not make an enforcement order it is satisfied that -

(5) As soon as practicable after making an enforcement order the Commissions shall -

(6) Before revoking an enforcement order, the Commission shall -

(7) Every notice published under subsection (6) shall -

(8) If, after considering any representation and objections made in response to a notice published under subsection (6), the Commission decides not to revoke the enforcement order to which the notice relates, it shall give notice of its decision to the persons affected.

(1) It shall be the duty of a licensee to whom an enforcement order relates -

(2) A duty is also owed by the licensee to may person who may be affected by a contravention of the enforcement order and any such person who sustain any loss or damage as a result of such contravention may institute an action against the licensee in a court of competent jurisdiction for damages for such loss or damage,

(3) In proceedings brought against a licensee under subsection (2) it shall be a defence for the licensee to prove that the licensee took all reasonable steps and exercised all due diligence to avoid contravening the enforcement order.

(1) If a licensee to whom an enforcement order applies, fails to comply with such enforcement order in whole or part, the licensee shall be guilty of offence under this Act, and shall liable on conviction after summary trial before a Magistrate, to a fine not exceeding ten thousand rupees and a further fine not exceeding five hundred rupees for every day for which such contravention continues after conviction.

(2) The Commission shall, in making an enforcement order under this Part, be entitled to direct that compensation be paid by the licensee to whom the enforcement order relates to any person affected by the contravention specified in such order.

(3) The levies by way of fine and compensation which may be imposed under this section, shall be in addition to and not in derogation of any other liability which the person guilty of noncompliance, may have incurred.

(4) The Commission may apply to a court for an injunction or other remedy to secure compliance with an enforcement order by a licensee, notwithstanding the fact that it has instituted a prosecution against such licensee for failure to comply with such enforcement order.

(1) Where the Commission is satisfied that a licensee who is -

is not carrying on the activities that such licensee is authorized to carry on under the licence properly and that the supply of electricity to consumers is not being, or likely to be, given in an efficient, secure and a safe manner, the Commissions may after consultation with the Minister, by order published in the Gazette, vest the management and control of the whole or a part of the undertaking of the licensee in any other authority or person specified in the order and such authority or person shall have all the powers necessary for carrying on such undertaking.

(2) Any person or authority in whom the management and control of an undertaking is vested under subsection (1) shall not be held liable conduct amounting to a fraudulent preference under the Companies Act, No. 17n of 1982, on the ground that it is continuing to carry on the management and control of the licensee's undertaking.

(3) No order shall be made under this section without giving the relevant licensee written notice of the proposed order and affording the licensee a reasonable opportunity of being heard.

(4) During such period as an order under this section is in force -

(5) In this section, " insolvency event" means -

(1) The following disputes arising in connection with the supply or use electricity shall be referred, to the Commission by any party to the dispute :-

(2) On a reference under paragraph (a) of subsection (1), the Commission shall mediate and resolve the dispute and on a reference under paragraph (b) of subsection (1) the Commission shall mediate and resolve the dispute unless it decides that it is more appropriate for the dispute to be determined either by the court or arbitration.

(3) The practice and procedure to be followed in the resolution of such dispute shall be such the Commission shall set out by rules made under the Public Utilities Commission of Sri Lanka Act, 35 of 2002.

(4) Where any dispute arising under section 26 is to be resolved by the Commissions under this section, the Commission may give direction as to be security (if any ) to be pending the determination of the dispute.

(5) A resolution by the Commission under this section -

(6) In including a provision as to costs and expenses in a resolution under this section, the Commission shall have regard to the conduct and means of the parties and any other relevant circumstances.

(1) Regulation may be made under this Act prescribing the standards of performance to be attained distribution licensee in connection with the supply electricity, and the provision of electricity supply services, tariff customers.

(2) Different standards may be prescribed in respect different distribution licensees. Having regard to any special circumstance or conditions in or subject to which those distribution licensees are required to supply electricity or provide electricity supply to tariff customers.

(3) Regulation referred to in this section, shall, as far as practicable, be made after consultation with distribution licensees and bodies representative of persons likely to be affected by the regulations.

(4) Where any person suffers any loss or damage of a prescribed description by reason of the failure of a distribution licensee to meet any standard prescribed by regulations made under this section, the distribution licensee shall pay to such person, compensation of such amount, or calculated in such manner, as is specified in such regulations.

(5) The payment of compensation to any person, as provided for in subsection (4), in respect of a failure by a distribution licensee to meet a standard prescribed by regulations made under this section shall be without prejudice to any other remedy, which is available to such persons in respect of the act or omission constituting such failure.

(6) Any dispute arising from the enforcement of regulations made under this section may be referred to the Commission, by a distribution licensee or a tariff customer or any such affected party, and the Commission may determine such dispute in accordance with the provisions of section 38

(1) The Commissions may after consultation with distribution licensees and with persons or bodies appearing to the Commissions to be representative of persons likely to be affected, from time to time -

(2) Different standard may be determined under this section in respect of different distribution licensee, having regard to any special circumstance or conditions in, or subject to , which those distribution licensees are required to supply electricity.

(1) The Commission shall from time to time collect information with respect to -

(2) On or before such date in each year as may be specified in a direction given by the Commission, each distribution licensee shall furnish to the Commissions such information as it may require relating to the standard including -

(3) A distribution licensee who without reasonable excuse fails to do anything required of the licensee by subsection (2) shall be guilty of an offence and the liable on conviction after summary trial before a Magistrate to a fine not exceeding twenty five thousand rupees which shall be paid into the Fund of the Commissions.

(4) Subject to the provisions of section 64 the Commission shall at least once in every arrange for the publication, in such from and in such manner as it considers appropriate, of such of the information collected by, or furnished to, it under this section as may appear to it expedient to give to customers or potential customers of distribution licensees.

(1) Subject to section 9, no person shall operate or provide any new generation plant, or extend any existing generation plant except as authorized by a transmission licensee under this section.

(2) A transmission licensee shall, in accordance with the conditions of the transmission licence and such guidelines relating to procurement as may be prescribed by regulations, and by notice published in the Gazette, call for tenders to provide new generations plant or to extend existing generation plants, as specified in the notice.

(3) A transmission licensee shall with the consent of the Commission, select a person to provide the new generation plant or to extend the existing generation plants, specified in the notice published under subsection (2) from amongst the persons who have submitted tenders in response to such notice.

(1) subject to the provisions of subsection (2) no person shall -

an electric line above or below the ground, except accordance with a consent granted by the Commission.

(2) The provisions of subsection (1) shall not apply -

(3) A consent granted under this section -

(1) After the coming into operation of this Chapter and before a date to be specified for the purposes of this section, by the Minister by, order published in the Gazette, the Minister shall, in consultation with the Commissions persons representative of the electricity industry and persons likely to be effected by the reorganization, prepare a scheme for the reorganization of the electricity industry in Sri Lanka.

(2) The objects of the prepared under subsection (1) shall to be -

(3) The scheme prepared under subsection (1) shall -

(4) The scheme shall contain provision requiring any one or more of the companies proposed to be incorporated to enter into agreement with, or to execute instruments in favour of other companies so proposed to be incorporated or other specified persons, for the more effective discharge of their functions

(5) Any duty imposed on a company proposed to be incorporated under be scheme shall be enforceable by or against such company after it is incorporated in pursuance of a direction under section 2 of the Conversion of Public Corporation or Government owned Business Undertakings into Public Companies Act, No 23 of 1987.

(6) After the preparation of the scheme refereed to in this section the Minister shall notwithstanding anything to the contrary in any other law, cause the details of the scheme to be published in such manner as he or she considers appropriate for brining them to the attention of persons likely to be affected by the proposed reorganization .

(1) The Minister shall submit a copy of the scheme prepared under section 45 to the Cabinet of Ministers for its approval.

(2) Upon the approval by the cabinet of Ministers of the scheme and the incorporation of the companies proposed in the scheme, the Minister shall, in consultation with the Minister in charge of the subject of Finance direct the Registrar of Companies, under subsection (1) of section 2 of the Conversion of Public Corporation or Government owned Business Undertaking into Public Companies Act, No. 23 of 1987, to incorporate -

as specified in the direction. A company incorporated in pursuance of such direction is hereinafter referred to, as a "successor company" and the expression "successor companies" shall be construed accordingly. Except as otherwise provided in this Chapter the provisions of the Conversion of Public Corporation of Government Act, No 23 of 1987, shall apply to, and in relation to, every successor company.

(3) Orders relating to the incorporation of all the successor companies shall be published under subsection (2) of section 2 of the Conversion of Public Corporation or Government owned Business Undertaking into Public Companies Act, No. 23 of 1987 on the same date.

(4) One or more successor companies may, by agreement and in so far their memoranda and articles of association permit them to do so, take over such of the functions of the Lanka Electricity Company as relate to their own functions.

(1) Officers and servants of the Ceylon Electricity Board on the day preceding the relevant date shall be offered employment in any one of the successor companies on terms and conditions not less favorable than those enjoyed by them on the day preceding the relevant date.

(2)

(3) An officer or servant referred to in subsection (1) or subsection (2) who wishes to opt out of service in a successor company may do so within thirty days from the date on which he has notified of the option by the successor company. If an officer or servant exercise his option not to accept the after, he shall be paid compensation under a Voluntary Retirement Scheme to be prescribed in that behalf.

(1) Officers and servants of the Ceylon Electricity Board who have exercised the option to accept the offer under section 47 and are in the service of any of the successor companies as provided in that section. Shall continue to be members of the Ceylon Electricity Board Provident Fund and Pension Scheme, and be entitled to all the benefits thereunder.

(2) The successor companies and the officers and servants of the Ceylon Electricity Board who have become the employee of the successor companies on the relevant date, shall make such contributions to the Provident Fund and pension Scheme as they are required to make by rules or regulations of the Ceylon Electricity Board Provident Fund and Pension Scheme, as the case may be.

(3) Notwithstanding the provisions of section 47, any officer or servant of the Ceylon Electricity Board, who was on the day proceeding the relevant date employed in the Provident Fund branch or Pension Fund branch of the Board, may within ten days from the relevant date opt to continue in the service of the Ceylon Electricity Board, and shall for all purposes be deemed to continue in the service of the Ceylon Electricity Board.

(a) for the appointment and removal of the directors of such company, by the Minister, only on the recommendation of the Monitoring and Advisory Committee appointed under section 50 ;

(b) prohibition a person from being a director of more than one successor company ;

(c) requiring -

(d) requiring the board of directors of the company to take all long term and financial decisions in compliance with the statement of corporate intent in force ;

(e) prohibiting the board of directors of the company from amending the statement of corporate intent, except with the approval of the Minister ; and

(f) prohibiting the board of directors of the company from acting in a manner that would result in the breach by the company, of the conditions of any licence granted or deemed to be granted to the company under this Act.

(1) There shall be a monitoring and Advisory Committee for the purpose of this Chapter.

(2) The Monitoring and Advisory Committee shall consist of -

(3) Regulations may be made in respect of -

(4) The functions of the Monitoring and Advisory Committee shall be -

(5) the Committee shall discharge its functions under subsection (4) in relation to a successor Company, only so long as the Government owns as least fifty per centum of the shares of that successor company.

(1) Where the relevant date is prior to the date of the coming into operation of Chapters II and VI of this Act, the successor company shall be deemed to have been -

(2) Where the relevant date is after the date of coming into operation of Chapter II and VI of this Act, the successor company shall be deemed to have been granted the licence under this Act to carry on the activities it is authorized to carry on by its memorandum and articles of association, for a period of two years from the relevant date.

(1) There shall be levied and recovered from every licensee, an annual levy of such amount as may be determined by the Commission by Order published in the Gazette.

(2) In determining the annual levy for any year, the Commission shall have regard to the following :-

(3) The levy imposed under subsection (1) on a licensee or any year shall be paid by the licensee to the Commission before the thirtieth day of June that year.

(4) Where the licensee fails to pay the levy imposed under subsection (1) for any year before the thirtieth day of June that year the levy shall be deemed to be in default and the Chairman shall certify the amount of the levy due from the licensee.

(5) Upon the production of a certificate issued by the Chairman under subsection (4) , before the District court within whose jurisdiction the business of the licensee referred to in the certificate is carried on, the court shall issue a writ of execution to issue to the Fiscal authorizing the Fiscal to seize and sell all or any of the property movable or immovable, of such licensee as may be necessary for the recovery of the amount specified in the certificate ; and the provisions of sections 226 to 297 of the Civil Procedure Code shall, mutatis mutandis, apply to the execution of such writ and to such seizure and sale.

(6) Where the Chairman issues a certificate under subsection (4), he or she shall notify in writing to the licensee specified in the certificate, that the amount specified in the certificate is payable by the licensee but the non-receipt of such notice shall not invalidate any proceedings instituted under this section.

(7) Nothing in this section shall affect or be deemed to affect the right of the Commission to recover in any other manner, the amount of any levy in default.

(1) Every person who contravenes any provision of this Act or any regulation or rule made under this Act or any requirement imposed under any provision of this Act, or any decision, direction. Order or determination of the Commission, shall be guilty of an offence under this Act and shall, except as otherwise expressly provided in this Act, be liable on conviction after summary trial before a Magistrate to a fine not exceeding ten thousand rupees and in any case where such offence is continued after conviction, to a further fine not exceeding five hundred rupees for each day on which such offence being continued after conviction.

(2) Upon conviction of any person for an offence under this Act, a Magistrate may, in addition to, or in lieu, of imposing any punishment prescribed for the offence, make an order directing that any installation or other apparatus involved in the commission of the offence shall be dismantled and removed before a date specified in the Order.

(3) An officer authorized in writing by the Commission may institute proceeding in a Magistrate's court for an offence under this Act notwithstanding any thing to the contrary in any other law.

(4) No prosecution for an offence under this Act shall be instituted except with the written sanction of the Commission.

(1) Every person who takes, uses or extracts any electricity -

shall be guilty of an offence under this Act and shall be liable on conviction after summary trial before a Magistrate in addition to a penalty not less than ten thousand rupees and not exceeding twenty five thousand rupees, to a fine a sum of money being the value of the loss or damage caused to the licensee and any sum recovered as such additional fine shall be paid to the licensee on application made to Court by such licensee.

(2) Any person who aids or abets the commission of any offence punishable under this section shall be guilty of an offence under this Act and shall be liable to the same punishment as is provided for the principal offence. Where two or more persons are convicted of having committed the same offence whether as principal or abettor, the value of such loss or damage may be apportioned among such persons and the amount so apportioned shall be imposed on each of such persons as a fine.

(3) A certificate issued by the licensee shall be received as proof of the value of such loss or damage in the absence of evidence to the contrary. In the absence of any agreement a licensee may charge for energy supplied to any consumer in accordance with any method of charging provided for in the licence.

(1) Where prejudice to the provisions of Schedule 2 to this act, every persons who -

shall be guilty of an offence under this Act and shall be liable on conviction after summary trial before a Magistrate, in addition to a penalty not less tan ten thousand rupees and not exceeding twenty-five thousand rupees to a fine a sum of money being the value of the loss or damage caused to the licensee as a result of the act or default constituting such offence and any sum recovered as such additional fins shall be paid to the licensee on application made to Court by such licensee.

(2) Any person who aids or abets the commission of any offence punishable under this section shall be guilty of an offence under this Act and shall be liable to the same punishment as is provided for the principal offence. Where two or more persons are convicted of having committed the same offence whether as principal or abettor the value of such loss or damage may be apportioned among such persons and be amount so apportioned shall be imposed on each of such persons as a fine.

(3) A certificate issued by the licensee shall be received as proof of the value of such loss or damage in the absence evidence to the contrary. In the absence of any agreement a licensee may charge for energy supplied to any consumer in accordance with any method of charging provided for in the licensee.

(4) In the case of such offence being continued after conviction, there shall be imposed a further fine not exceeding five hundred rupees for each day any on which such offence being continued after conviction.

(5) Every offence under section 56 or this section shall be a cognizable offence with the meaning and for the purposes of the Code of Criminal Procedure Act, No. 15 of 1979.

(a) if that body of persons is a body corporate, every director and officer of that body corporate ;

(b) if that of persons is a firm, every partner of that firm,

(1) The Commission may make rules in respect of all matters for which rules are required or authorized to be made under this Act.

(2) All rules are made by the Commission shall be published in the Gazette and shall come into force on the date of such publication or on such later date as may be specified therein.

(1) The Minister may, on the recommendation of the Commission, make regulations under this Act, in respect of all matters required by this Act to be prescribed or in respect of which regulations are required or authorized by this Act to be made.

(2) Every regulations made under this section shall be published in the Gazette and shall come into force on the date of such publication or on such later date as may be specified therein.

(3) Every regulation made under this section shall, as soon as convenient after its publication in the Gazette be brought before Parliament for approval. Any such regulation, which is not so approved within thirty days of it being brought before Parliament, shall be deemed to be rescinded as from the date of its disapproval, but without prejudice to anything previously done thereunder.

(4) Notification of the date on which any regulation made by the Minister is so deemed to be rescinded shall be published in the Gazette.

(1) If any difficult arises in giving effect to the provisions of this act or the rules, regulations, or orders, made under this Act, the Minister may by Order published in the Gazette, make such provision not inconsistent with the provisions of this Act, or any other law, as appears to him or her to necessary or expedient for removing the difficulty.

(2) Every Order made under this section shall, as soon as practicable after it is made, be laid before Parliament.

(1) Regulations may be made for the purpose of -

(2) Without prejudice to the generality of subsection (1) , regulations may -

(1) The Commission shall maintain a register at its office, in such form, as it may determine.

(2) The Commission shall to be entered in such register -

(3) The content of the register shall be available for inspection by the public during such hours, and subject to the payment of such feed, as may be prescribed by regulation.

(1) The Commission nay, for the purposes of discharging and performing its functions and duties under this Act, by notice in writing, require any persons to furnish to the Commission or any person authorized by the Commission, and within such period as may be specified in the notice, all such returns and information as may be specified in such notice.

(2) It shall be the duty of every person who is required to furnish any returns or information by a notice under subsection (1), to comply with the requirement of the notice within the period specified in the notice, except where he or she is prohibited from furnishing returns or information by the provisions of any law.

(3) No information furnished in compliance with the requirements on a notice sent under this section shall be published or disclosed by the Commission to any other person except with the consent of the person furnishing such information

(4) The disclosure by the Commission of any information referred to in subsection (3) without the consent of the person furnishing such information -

shall be deemed not to be a contravention of the provisions of subsection (3) .

(1) The Electricity Act is repealed with effect from the date on which Chapter II of this Act comes into operation.

(2) The Ceylon Electricity Board Act, No 17 of 1969 is repealed with effect from the relevant date.

(3) Notwithstanding the repeal of the Electricity Act -

(4) Notwithstanding the repeal of the Ceylon Electricity Board Act, No. 17 of 1969 -

(i) distribution licensees ; and

(ii) those consumers who are connected to the transmission licensee's transmission system and identified in the transmission licence ;

(a) any support for any such line, including, but not limited to, any structure, pole or other thing in, on by or from which any such is or may be supported, carried or suspended ;

(b) any apparatus connected to any such line for the purpose of carrying electricity ; and

(c) any wire, cable, tube, piper other similar thing (including its casing, insulator or coating) which surrounds or supports or is surrender or supported by, or is installed in close proximity to, or is supported carried or suspended in association with, any such line ;

(a) an electric line ;

(b) a meter used for ascertaining the quantity of electricity supplied to may premises ; or

(c) an electrical appliance under the control of a consumer ;

(i) generation, transmission, distribution, or supply of electricity ;

(ii) manufacture, production, sale or supply of fuel for the generation of electricity ;

(iii) import, manufacture, sale lease, hire or other supply of or, dealing in, machinery, plant, equipment .apparatus or fittings for generation, transmission, distribution, supply or use of electricity ; or

(iv) the provision of legal, accountancy or banking services to any company or undertaking carrying on any of the activities referred to in paragraphs (i), (ii), or (iii) ;