Electricity Reform

Link to law: http://www.lawnet.lk/process.php?st=2002Y0V0C28A&hword=%27%27&path=2
Published: 2002

Electricity Reform
Electricity Reform




AN ACT TO PROVIDE FOR THE REGULATION OF THE GENERATION TRANSMISSIONS AND DISTRIBUTION AND SUPPLY OF ELECTRICITY IN SRI LANKA; TO PROVIDE FOR THE TAKING OVER, AND DISCHARGE OF THE LANKA ELECTRIDSITY COMPANY BY CERTAIN PUBLIC COMPANIES TO INCORPORATED BOARD ACT AND THE ELECTRICITY ACT; AND FOR MATTER CONNECTED THEREWITH OR INCIDENTAL THERETO.








WHEREAS a national policy on electricity had been formulated with a view to enabling Sri Lanka to meet the increasing demands for electricity in the future;



AND WHEREAS it has become necessary to give effect to this policy by regulating the generation transmission. Distribution and supply of electricity in Sri Lanka, by providing for the taking over and discharge of the function of the ceylon Electricity Board and the Lanka Electricity Company, by certain public companies to be incorporated for that purpose; and by providing for certain other related matters;



NOW THEREFORE, be it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:-



Gazette Nos,
1283-1-2003



[11th December

, 2002 ]





CHAPTER I
PRELIMINARY



Short title and duties of operation.



1. This Act may be cited as the Electricity Reform Act. No, 28 of 2002 and shall come into operation on such date as the Minister may appoint by order published in the Gazette Different dates may be appointed in respect of different provisions of this Act.



Administration of the Act.



2. Without prejudice to the power of the Minister under Chapter VI, from and after the date of operation of this Act or any of the provision thereof, the administration of this Act shall vest in the Public Utilities Commission or Sri Lanka (hereinafter referred to as the "Commission")constituted under the Public Utilities Commission of Sri Lanka Act, No. 35 of 2002 and the Commission shall exercise perform and discharge all the powers, functions and duties as are conferred on or assigned to it under this Act.



CHAPTER II
FUNCTIONS OF THE COMMISSION



Functions of the Commission



3. The function of the Commission shall be to act as the economic, technical and safety regulator for the electricity industry in Sri Lanka and -





(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.



Objectives



4.





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





(a) to protect the interest of consumers in relation to the supply of electricity, by promoting efficiency, economic and safety by person engaged in, or in commercial activities connected with the generation transmission, distribution supply and use of electricity ;



(b) to secure that so far as it is economical to meet them, all reasonable demands for electricity in Sri Lanka are met ;



(c) to secure that licensees acting efficiently will be able to finance the carrying on of the activities authorized or required by their licences:



(d) to promote the efficient use of electricity supplied to premises:



(e) to protect the public from dangers arising from the generation, transmission, distribution, supply or use of electricity :



(f) to give effect to any guidance on environmental objectives notified to the Commission by the Central Environmental Authority or, where applicable Provincial Council ;and



(g) to promote competition where appropriate,



(hereinafter referred to as one "objectives")



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





(a) the prices charged and other terms of supply of electricity :



(b) the availability and continuity of supply of electricity :



(c) the quality of electricity supply services provided ; and



(d) the exercise of any right conferred under this Act to enter their premises :



General policy Guideline to be issued by the Minister.



5.





(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 :-





(a) the requirement for electricity in Sri Lanka in order to attain national targets for sustainable economic growth including requirements in respect of -





(i) different geographical areas including, rural areas ; and



(ii) different socio-economic groups ;



(b) fuel diversity and the preferred fuel for new electricity generating capacity ;



(c) the priorities and objectives in meeting the needs set out in paragraph (a) ;



(d) the measures being taken by the Government with respect to the above matters



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



Electrical Inspectors.



6.





(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) -





(a) to inspect and test, electric lines and electrical plant belonging to persons authorized by a licence, or exampled from the requirement of obtaining a licence, to generate, transmit, distribute or supply electricity :



(b) to examine, the generation, transmission, distribution or supply of electricity by such persons ;



(c) to inspect and test, it and when required by any consumer, any such lines and plant in the consumer's premises for the purpose of ascertaining whether any requirement imposed by this Act in respect of those lines or plants or the supply of electricity through or by tem, has been compiled with :and



(d) to carry pot such other functions as may be imposed on him or her by regulations or the Commission as it so determines.



(3) Regulations may be made -





(a) prescribing the manner in which, and the times at which, any duties imposed on electrical inspectors are to be performed ;



(b) requiring persons authorized by a licence, or exempted from the requirement of obtaining a licence, to generate, transmit, distribute or supply electricity -





(i) to furnish electrical inspectors with records or other information ; and



(ii) to allow such inspectors access to premises and the use of electricity plant and other facilities ;



(c) prescribing the amount of the fees (if any) which are payable to such inspectors and the persons by whom they are payable ;



(d) prescribing a procedure for the audit of the activities of electrical inspectors ;



(e) relieving a licensee from its obligation to supply electricity in circumstance the Commissions may prescribe ; and



(f) setting out the procedure for the resolution of disputes, between an electrical inspector and a consumer or a licensee



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



Public hearings



7. The provisions relating to public hearings in the Public utilities Commission of Sri Lanka Act, No. 35 of 2002 shall mutatis mutandis,apply to and relation to a, public hearing under this Act.



PART I
CHAPTER III
LICENSING



Prohibition on unlicensed supply &c. of electricity.



8.





(1) A persons shall not -





(a) generate electricity ;



(b) transmit electricity ; or



(c) distribute or supply electricity for the purpose of giving a supply to any premises or enabling a supply to be given to any premises,



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.



Exceptions.



9.





(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.



Applications for licences.



10. Every application for a licence to generate, transmit or distribute, electricity or for an extension to any such licence shall be made in writing to the Commissions and shall be in such from, and shall be accompanied by such information and documents and such fee as may be prescribed by regulation.



Procedure prior to grant of licences.



11.





(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-





(a) Publish a notice of its intension to do so in such manner as the Commission considers appropriate for bringing in to the attention of persons who are likely to be affected by the licence or extension ; and



(b) send a copy of the notice to the Minister for his or her information.



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





(a) state that the Commission proposes, to grant the licence or extension to the persons, and for the purposes, set out in the notice ;



(b) state the reasons for proposing the grant of such licence or extension ; and



(c) specify the period ( not being less that twenty eight days from the date of publication of the notice) within which representation may be made to be Commission with to the proposal.



Grant of licences.



12.





(1) The Commission May -





(a) after considering any representations made to it in response to the notice published under section 11 ;



(b) after satisfying itself that the applicant has the financial and technical capability for carrying out the activities authorized by the licence or extension ; and



(c) after notifying the Minister.





(i) grant a licence authorizing any person -





(a) to generate electricity from an identified generation plant : ( a licence granted under this sub-paragraph is hereinafter referred to as a "Generation licence")



(b) to transmit electricity (and procure and sell electricity in bulk) in the Authorized Area specified in the finance; ( a license granted under this sub-paragraph is hereinafter referred to as a "transmission licence") : or



(c) to distribute and supply or distribute or supply electricity for the purpose of giving a supply to any premises or enabling a supply to be so given in the Authorized Area specified in the licence ; (a hereinafter referred to as a "distribution licence") : or



(ii) extend, for the period specified in the extension, a generation, transmission, or distribution licence granted under this Act.



(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 -





(a) a generation licence ; or



(b) a distribution licence ;



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



Form of Licence



13.





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





(a) be in writing ;



(b) unless previously revoked or surrendered in accordance with the terms of the licence or extension continue in force for the period specified in the licence or extension ; and



(c) not be capable of being surrendered without the consent of the Commission.



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





(a) to the Minister for his or other information : and



(b) to any licensee likely to be affected.



General condition of licences.



14.





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





(a) such condition (whether or not relating to the activities authorized by the licence) as the Commission considers necessary having regard to the functions assigned to it by section 3 ;



(b) condition requiring payment to the Commission upon the grants licence, or periodic payments during the term of the licence, of such amount or amounts a may be determined by the Commission by or under the licence ;



(c) in addition to the provisions in sections 30 and 31 of this Act, conditions with provisions for the conditions -





(i) to have effect or cease to have effect at such times and in such circumstance as may be specified in the licence ; or



(ii) to be modified in such manner as may be specified in the licence at such, times, and in such circumstance as may be so specified ; and



(d) condition relating to the prohibition of abuse of monopoly position or other anti-competitive behavior.



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





(a) compelling the licensee to adhere to any decisions order direction or determination given by the Commissions as to such as are specified in the licence ;



(b) compelling the licensee to comply with all requirement of the licence :



(c) compelling the licence to refer certain matter for determination by the Commission ;



(d) compelling the licence to refer for approval by the Commission certain things to be done under the licence or certain contracts or agreements made in pursuance of the licence ;



(e) restricting the ownership by the licensee or any of its affiliates of specified business interest; and



(f) compelling the licensee to enter into agreement with other persons.



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



special condition of generation licences.



15. Without prejudice to the generality of section 14 a licence issued to a generation licensee shall include conditions -





(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.



Special condition of transmission licences.



16. Without prejudice to the generality of section 14 a transmission licence issued to a licensee shall include, conditions.





(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.



Special condition of distribution licences.



17.Without prejudice to the generality of section 14 a distribution licence issued to a licensee may include conditions -





(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 -





(i) the payment of bills by consumers ;



(ii) the disconnection of supplies to consumers ;



(iii) the provisions of service to the elderly and disabled ;



(iv) the efficient use of electricity by consumers ;



(v) the handling of consumer complaints ;and



(vi) the monitoring of compliance by the licensee, with maximum charge for the resale of electricity so by the Commission ;



(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.



Assignment of licences.



18.





(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 -





(a) such modification of the condition of the licence or the imposition of such further conditions as the Commission considers necessary for the purpose of protecting the interest of consumers ; and



(b) such incidental or consequential modification of condition as the Commission consider necessary.



(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 -





(a) if the licence is not capable of assignment ;



(b) if the assignment. or purported assignment, is in breach of a condition of the licence ; or



(c) if there has been, before the assignment of purported assignment, a contravention of a condition subject to which consent was given under subsection (2).



Revocation of licences.



19.





(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.



Application for exemption.



20.





(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.



Revocation and withdrawal of exemptions.



21.





(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 -





(a) revoke an exemption granted to a person or a category of persons under section 9 ;or



(b) withdraw an exemption granted to a category of persons from a person of that category.



in accordance with any provision of the order by which the exemption was granted or if it appears to the Commission inappropriate that the exemption should continue,



(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.
PART II
POWERS AND DUTIES OF LICENSEES



Provisions of this Part to be in addition in conditions.



22. The provision of this Part shall be in addition to and not derogation of the condition of a generation transmission or distribution licence.



Duties of transmission licences.



23.





(1) A transmission licensee shall-





(a) develop and maintain an efficient, coordinated. Reliable and economical transmission system :



(b) procure and sell electricity in bulk to distribution licensees so as to ensure a secure, reliable and economical supply of electricity to consumers ; and



(c) ensure that there id sufficient capacity from generation plant to meet reasonable forecast demand for electricity.



(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.



Duties of distribution licensees.



24.





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





(a) connect, supply and maintain the supply of electricity to those premises ; and



(b) so far as may be necessary for that purpose provide electric lines or electrical plant or both,



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-





(a) are situated within fifty meters from any distribution line of the licensee ; or



(b) could be connected to any such line by an electric line supplied and laid by the owner or occupier of those premises.



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 -





(a) the premises at which the supply is required ;



(b) the purposes for which electricity is to be used in those premises ;



(c) the day (not being earlier than a reasonable time after the distribution licensee is informed of a person's requirement) on which the supply is required to commence ;



(d) the maximum power which may be required at any time ; and



(e) the minimum period for which the supply is required to be given.



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 -





(a) such licensee has not previously given a supply of electricity to those premises ; or



(b) the giving of the supply requires the provision of electric lines or electrical plant or both ;or



(c) if there are other circumstance which make it necessary for the licensee to do so.



(7) A notice under this subsection shall -





(a) state the extent to which the proposals specified in the prospective consumer's request under subsection (5) are acceptable to the distribution licensee and specify any counter-proposals made by the distribution licensee ;



(b) specify the tariff payable ;



(c) specify any payment which that persons may be required to make under section 26 or 27 ; and



(d) specify any other terms and conditions which that persons may be required to accept.



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-





(a) any reference to giving a supply of electricity includes a reference to containing 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 provisions of an electric line or an item of electricity plant includes a reference to the installation of a new line or item or the modification of an existing line or item.



Exemption from duty connect and supply.



25. Nothing in this Act shall be deemed to required a distribution licensee to connect and give supply of electricity to any premises under section 24 if and to the extent that the connection and giving of the supply would result in the distribution licensee being in breach regulations under this Part or section 60 or the Electricity Supply Code (as set out in Schedule 2 to this Act ) and the licensee has taken all such step as are reasonable to prevent the circumstances which may result in the breach from occurring and to prevent those circumstances from having such effect.



Power to recover expenditure.



26.





(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 -





(a) the period of time between laying the distribution line and making the connection ;



(b) any payment any other person has previously made to the licensee in respect of these expenses ; and



(c) the extent to which the licensee has already recovered the licensee's expenses in full ;



(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.



Power to require security,



27.





(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 -





(a) in respect of the supply ; or



(b) where any electric or electrical plant requires to be provided for such supply in respect of the provision of the line or plant.



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 -





(a) the distribution licensee may be notice require that persons to provided , within seven days after the service of the notice, reasonable security for the payment of all monies which may become due to the licensee in respect of the supply ; and



(b) if that persons fails to provided such security the licensee may refuse to make the connection or discontinue the supply, as the case be for so long as the failure continues.



(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.



Additional terms



28. A distribution licensee may require any person who requires a supply of electricity under section 24 to accept in respect of the supply.





(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.



Tariffs



29.





(1) This section shall apply to -





(a) tariffs or charges levied by the transmission licensee for the transmission and bulk sale of electricity (hereinafter referred to as "transmission and bulk sale tariffs :) ; and



(b) tariffs or charges levied by the distribution licensee for the distribution and supply or distribution or supply of electricity (hereinafter referred to as :distribution and supply tariffs").



(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.





(a) be set by the relevant licensee on accordance with a cost reflective methodology approved by the Commission ;



(b) permit the relevant licensee to recover all reasonable costs incurred in the carrying out of the activities authorized by its licence on an efficient basis ;



(c) be approved by the Commission : and



(d) be published in such manner as may be required by the Commission.



(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 -





(a) a timetable for the review of tariffs by the Commissions ; and



(b) provision for consumers and other interested parties to participate in the process for review.



(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.



Provisions of schedule to apply to licences.



30. The provisions contained in -





(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 )



shall apply to and in relation to the respective licensee and licensees referred to in Schedules,
PART III
MODIFICATION AND ENFORCEMENT OF LICENCES



Modification in agreement



31.





(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 -





(a) published a notice in such manners as the Commissions considers appropriate for bringing the proposed modifications to the attention of persons likely to be affected by the proposed modifications;



(b) serve a copy of the notice on the licensee ;



(c) send a copy of the notice to the Minister for his or her information.



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





(a) state that the Commissions proposes to make the modifications specified in the notice, the effect of the proposed modification and the reasons for the proposed modifications ; and



(b) state the period ( not later than twenty eight days commencing from the date of publication of the notice ) within which representations or objections may be made to the Commissions regarding proposed modifications.



(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.



Modification without agreement.



32.





(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 :-





(a) whether any matters which relate to the generation transmissions (including the procurement and sale of electricity in bulk) distribution or supply of electricity under a licence operate, or may be expected to operate, against the public interest ; and



(b) if so whether those matters could be remedied or presented by modifying the conditions of the relevant licensee.



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 -





(a) the effects adverse to be public interest which it thinks the matters specified in the report have or may be expected to have ; and



(b) proposed modifications of the conditions of the relevant licence by which in its opinion. Those effects could be remedied or presented.



(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 -





(a) any information the Commission has relating to matters within the scope of the investigation conducted by it and which the Minister required or which the Commissions thinks it would be appropriate for the Minister to have ; and



(b) any other assistance which the Commissions is able to give in relations to matters with the scope of such investigation and which is requested by the Minister.



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





(a) serve a copy of the report on the relevant licensee ; and



(b) publish particular of the report in such manner as it considers appropriate for bringing them to the attention of persons likely to be affected by them.



(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)





(a) A licensee shall have the right of appeal to the Court of Appeal against any modification made under this section.



(b) The Supreme Court Rules relating to appeals to the Supreme Court from the court of appeal or other court or tribunal (rule 28 of the Supreme Court Rules of 1990 or such provisions of law as would correspond to such rule ) shall mutatis mutandis, apply to all matters connected with the filing, hearing and disposal of an appeal preferred under this section.



Enforcement orders.



33.





(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 -





(a) shall require licensee to whom it related to do, or desist from doing such things as are specified in the order ;



(b) shall be in force for such period as may be specified on the order ;



(c) may be revoked, or modified at any time by the Commissions, but in ant event shall case to have effect at end of the period specified in the order.



Procedure for making enforcement orders.



34.





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





(a) publish a notice in such manner as it thinks is appropriate for bringing the matter to the attention of persons likely to be affected by the enforcement order stating that the Commission is proposing to make such order ;



(b) serve on the licensee a copy of the notice and a copy or the proposed order.



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





(a) the relevant licence conditions or statutory requirements with the proposed order is intended to secure compliance ;



(b) the acts or omissions which, in the opinion of the Commission. Constitute a contravention of that condition or requirement ;



(c) any other facts which in the opinion of the Commission, justify the making of the proposed order ;



(d) the effects of the proposed order ; and



(e) the period, not being less than twenty eight days from the date of the notice, with which the licensee may make representations of objections to the proposed order ;



(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 -





(a) the licensee has agreed to take, and it taking all such steps as the Commission consider that the licensee should take to secure compliance with the condition or requirement in question ; or



(b) that the objectives imposed on the Commission by section 4 precludes it from doing so ;or



(c) the contraventions or apprehended contraventions are trivial.



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





(a) serve a copy pf the order on the licensee to whom the order relates ; and



(b) publish the order in such manner as it considers appropriate for bringing it to the attention of persons likely to be affected by it.



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





(a) publish a notice such manner as it thinks appropriate for bringing the proposed order of revocation to the attention of persons likely to be affected by it ;



(b) serve a copy of the proposed order of revocation on the licensee ; and



(c) consider any representation and objection made in response to the notice.



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





(a) state that the Commission proposes to revoke the order specified in the notice and the effect of the revocation ; and



(b) specify a period being not later than twenty eight days from the date of publication of the notice, within which representations or objections to be proposed order or revocation may be made to the Commission.



(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.



Effect of enforcement order.



35.





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





(a) to comply with such order ;



(b) if the licensee decides to challenge the validity of the enforcement order in any court, to provide security for costs to the Commission, of such amount as the Commissions may consider reasonable to ensure that such challenge is not frivolous or vexatious.



(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.



Offences.



36.





(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.



Power of Commission to vest management and control of undertaking of licensee in another authority or persons



37.





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





(a) subject to an enforcement order made by the Commission ; Or



(b) subject to an insolvency event,



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 -





(a) the licensee shall not be or continue to be (as the case may be ) voluntarily or compulsorily wound up without the consent of the Commissions ;



(b) no steps shall be taken by any person to enforce or execute a judgment or security over that licensee's property without ten days prior notice in writing to the Commission ; and



(c) The licensee shall not exercise any of its right under the licence in relation to the undertaking or part thereof.



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





(a) the passing of a resolution for the winding up of a licensee other than for the purposes of amalgamation or reconstruction ; or



(b) a licensee entering into a compromise with the licensee's creditors ; or



(c) the suspension, by the licensee, of payment of debits or the inability of the licensee to pay the licensee's debts or the declaration of the licensee as bankrupt or insolvents ; or



(d) the filing of a petition for the winding up of the licensee ;



The resolution of disputes.



38.





(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 :-





(a) a dispute between a licensee and a tariff customer arising under section 24 to 29 of, or Schedule 1,2 or 3 to this Act ;



(b) any dispute (other than a dispute referred to in paragraph (a) between a licensee and -





(i) a tariff customer ;



(ii) another licensee ; or



(iii) any other affected party,



which the parties have not been able to resole through any dispute resolution procedure prescribed by the Commission, despite the licensee using its best efforts to do so.



(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 -





(a) may include such incidental, supplemental and consequential provisions (including provision requiring either party to pay a sum in respect of the costs or expenses incurred by the Commission) as the Commission considers appropriate ; and



(b) shall be final and shall enforceable, so far as it includes such provision as to costs or expenses incurred by the Commission, in the District Court of Colombo as if it were a decree entered by that court for the payment of money.



(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.



CHAPTER IV
CONSUMER PROTECTION



Standard of performance for supply of electricity.



39.





(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



Standards of overall performance and efficient use of electricity.



40.





(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 -





(a) determine such standards of overall performance in connection with the quality of electricity supply and electricity supply services and the promotion of the efficient use of electricity by consumers as, in its opinion; ought to be attained by such distribution licensees ; and



(b) arrange for the publication, in such from and in such manner as it considers appropriate, of the standards so determined.



(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.



Information with respect to levels of performance.



41.





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





(a) the compensation paid by distribution licensees under regulations made under section 39 (if any) ;



(b) The levels of overall performance attained by such licensees in connection with the provision of electricity and electricity supply services ; and



(c) the levels of performance attained by such licensees in connection with the promotion of the efficient use of electricity by consumers ;



(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 -





(a) as respects each standard prescribed by regulations under section 39 the number of cases in which compensation was paid and the aggregate amount or value of the compensation paid ; and



(b) as respect each standard determined under section 40, such information with respect to the level of performance attained by the licensee as may be required by the Commission.



(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.



CHAPTER V
NEW GENERATION PLANY AND OVERHEAD LINES



Provision of new generation plant and extension of existing plant.



42.





(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.



Consent required for overhead and underground electric lines.



43.





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





(a) install.



(b) keep installed,



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 -





(a) to an electric line or an underground cable which has a nominal voltage upto and of, thirty three kilovolts, or any other higher voltage as may be deemed fit to be decided by the Commission ;



(b) in relation to so much of an electric line as is or will be, within the premises in occupation or control of the person responsible for its installation ;



(3) A consent granted under this section -





(a) may include such conditions (including conditions as to the ownership and operation of the line ) as appear to the Commission to be appropriate ;



(b) may be varied or revoked by the Commission at any time after the end of such period as may be specified in the consent ; and



(c) Subject to paragraph (b), shall continue in force for such period as may be specified in or determined by or under the consent,



High voltage lines.



44. The Commission may direct that an electric line be designated as a "high voltage line " for the purposes of this Act.



CHAPTER VI
REORGANIZATION OF THE ELECTRICITY INDUSTRY



Scheme for reorganization of electricity industry.



45.





(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 -





(a) ensure that the functions of the Ceylon Electricity Board and the Lanka Electricity Company, relating to the generation, transmission (and bulk procurement) distribution and supply, of electricity are clearly separated and are discharged by separate companies incorporated for those purpose ;



(b) enable each company so proposed to be incorporated to discharge its function with he maximum independence, efficiency and economy, whilst ensuring security of electricity supply to consumers.



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





(a) identify the functions presently discharged by the Ceylon Electricity Board and the Lanka Electricity Company ;



(b) notionally separate the functions of the Ceylon Electricity Board and the Lanka Electricity Company into the following categories for the purpose of enabling the allocation of those functions to the companies proposed to be incorporated :-





(i) hydro electric generation and thermal electricity generation ;



(ii) transmission (and power procurement) ;



(iii) distribution and supply ;



(iv) any other activities not captured in subparagraphs (i) to (iii) in such divisions as the Minister may see fit, including





(aa) the management of pension assets ; and



(ab) ancillary services,



(c) determine the functions , if any, which shall continue to be discharged by the Ceylon Electricity Board and the Lanka Electricity Company and the period for which they are to be so discharged ;



(d) allocate to the companies proposed to be incorporated, such officers and servants of the Ceylon Electricity Board and the Lanka Electricity Company ;



(e) specify the companies proposed to be incorporated and their function, namely -





(i) one company to take over the functions of the Ceylon Electricity Board relating to hydroelectric generation and thermal electricity generation ;



(ii) one company to take over the functions of the Ceylon Electricity Board relating to transmission and bulk procurement of electricity ;



(iii) three or more distribution companies ;



(iv) one or more companies to take over the other functions of the Ceylon Electricity Board and the Lanka Electricity Company ;



(f) contain such incidental and consequential provisions as may be necessary for the implementation of the scheme.



(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 .



Incorporation of companies to take over functions of the Ceylon Electricity Board and the Lanka Electricity Company.



46.





(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 -





(a) one company to take over the functions of the Ceylon Electricity Board relating to hydro electric generation and thermal electricity generation ;



(b) one company to take over the functions of the Ceylon Electricity Board relating to transmission and bulk procurement of electricity ;



(c) three or more distribution companies ;



(d) one or more companies to take over the other functions of the Ceylon Electricity Board and Lanka Electricity Company,



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.



Example:-



A company incorporate to take over the function of the Ceylon Electricity Board relating to thermal generation can take over by agreement, the functions of the Lanka Electricity Company relating to thermal generation.



Provision relating to officers and servants of Ceylon Electricity Board and the Lanka Electricity Company.



47.





(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)





(a) Officers and servants of the Lanka Electricity Company on the day preceding the relevant date shall be offered employment in any one of the successor companies to terms and conditions not less favorable than those enjoyed by them on the day preceding the relevant date, ; and



(b) The taking up of employment in a successor company by an employee of the Lanka Electricity Company, shall for the purposes of the Termination of Employment of Workmen (Special Provisions ) Act, No. 45 of 1971 be deemed not to be a termination of the services of such employee by the Lanka Electricity Company.



(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.



Successor company to establish Provident Fund and contributory pension scheme.



48.





(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.



Mandatory provisions in memorandum of a successor company.



49. The memorandum and articles of association of every successor company shall, notwithstanding anything to the contrary in any other law, contain provision -





(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 -





(i) the board of directors of the company to submit for approval to the Minister, a statement of corporate intent, at least three months prior to the commencement of each financial year ;



(ii) the statement of corporate intent to specify -





(A) the commercial and other performance objectives and levels of the company ; and



(B) the financial targets (including rates of return ) required to be achieved by the company. During the next three financial years ;



(iii) the board of directors to incorporate any amendment to the statement of corporate intent as suggested by the Minister on the recommendation of the Monitoring and Advisory Committee ;



(iv) the Minister on approval of the statement of corporate intent, to cause it to be published in the Gazette, at least fourteen days before the commencement of the financial year to which the statement relates ;



(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.



Monitoring and Advisory Committee.



50.





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



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





(a) the Deputy Secretary nominated by the Secretary to the Treasury ;



(b) an Additional Secretary to the Ministry of the Ministry nominated by the secretary to the Ministry of the Minister ;



(c) a representative each from -





(i) the Ceylon Chamber of Commerce nominated by the Chamber ; and



(ii) the Institute of Chartered Accountants of Sri Lanka, nominated by that Institute ;



(iii) the Institution of Engineers of Sri Lanka, nominated by that Institution ; and



(iv) the domestic consumer group nominated by the Minister in charge of the subject of Trade ; and



(d) two persons appointed by the Minister, from amongst persons employed in the private sector who have experience in business and management and who do not have relevant interest.



(3) Regulations may be made in respect of -





(a) the procedure for the conduct of business of meeting of the Monitoring and Advisory Committee ;



(b) the funding of the Committee.



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





(a) to make recommendation to the Minister, on the appointment and removal of the directors of every successor company ;



(b) to review the statement of corporate intent submitted to the Minister by each such company, and recommend to the Minister, amendment, if any, to such statement ;



(c) to monitor the actual financial and operational performance of each such company for each financial year ( as reflected in the reports published by the company for that year ) against the targets specified by that company in its statement of corporate intent, and make appropriate recommendation to the Minister ;



(d) in the event of any such company failing to meet to objectives and targets specified in its statement of corporate intent, to advice the minister on the exercise of his or her powers, as a share holder, under the Companies Act, no. 17 of 1982 ;



(e) to cause to be published in the Gazette, an annual report setting out the reasons for may advise and recommendations given by the Committee to the Minister in the year to which the report relates.



(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.



Restriction of sale of shares of successor company.



51. The Secretary to the Treasury may, with be the prior approval of the Parliament dispose of any shares issued or allotted to him or her in any successor company or of any rights over such shares except that upto ten per centum of the aggregate of the shares of all successor companies incorporated under section 46, shall be distributed to the employees of the successor company in such manner as may be prescribed by regulation.



Successor company deemed to have been granted relevant licence to carry on activities it is authorized to carry on by its memorandum.



52.





(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 -





(a) granted a licence under the Electricity Act to carry on the activities which it is authorized to carry on by its memorandum and articles of association for the period commencing on the relevant date and ending on the date on which Chapters II and VI of this Act are brought into operation ; and



(b) granted a licence under this Act to carry on such activities for the period commencing on the date on which Chapter II and VI of this Act are brought into operation and ending two years thereafter.



(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.



Application of Act, No. 1 of 1996 to successor companies.



53. The Public Enterprises Reform Commission of Sri Lanka shall not exercise any of the powers conferred on it by section 5(1) (f), (g). And (h), of the Public Enterprises Reform Commission of Sri Lanka Act, No 1 of 1996, in relation to a successor company.



CHAPTER VII
FINANCE



Annual levy,



54.





(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 :-





(a) the estimated expenditure of the Commission for that year ; and



(b) any unrecovered expenditure from the previous year.



(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.



CHAPTER VIII
OFFENCES AND REGULATIONS



General penalty.



55.





(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.



Extraction of electricity to be an offence.



56.





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





(a) which is in the course of being transmitted or distributed by a transmission or distribution licensee ; and



(b) otherwise than in pursuance of a contract made with a distribution licensee or other electricity undertaking,



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.



Improper use of electricity to be an offence.



57.





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





(a) not being an authorized officer of a licensee, connects or disconnects any electric line thought which electricity is or may be supplied by the licensee to or from meter, indicator or other apparatus ; or



(b) without the consent of a licensee lays, or causes to be laid, any electric line or connects up any electric line, equipment, apparatus, or works, for the purpose of establishing a connection with any electric line, apparatus or works belonging to a licensee,



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.



Offences by bodies of persons.



58. Where an offence under this Act is committed by a body of persons, then -





(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,



shall be deemed to be guilty of that offence ;



Provided however, that a director or officer of that body corporate or partner of such firm shall not be deemed to deemed to be guilty of such offence if he or she proves that such offence was committed without his or her knowledge or that he or she used all such diligence as was necessary to prevent the commission of such offence.



Rules.



59.





(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.



Regulations



60.





(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.



Removal of difficulties.



61.





(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.



Purposes for which regulations may be made.



62.





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





(a) allowing and securing appropriate electricity trading arrangements between licensees ;



(b) securing that supplies of electricity are regular and efficient ;



(c) protecting the public from dangers arising from the generation, transmission, distribution, supply or use of electricity from any electric line or electrical plant ; and



(d) without prejudice to the generality of paragraph(c) eliminating or reducing the risks of personal injury, or damage to property or interference with its use. Arising from any of the activities referred to in that paragraph.



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





(a) prohibit the supply, transmission or distribution of electricity except by means of a system approved by the Commission ;



(b) make provision requiring notice to be given to the Commission, in such cases as may be specified in the regulations of accidents and of failures in the supply transmission or distribution of electricity;



(c) make provision as to the keeping, by persons authorized by a licence, or exempted from the requirement to obtain a licence, to supply, transmit or distribute electricity, of maps plans sections and as to their productions for inspection or copying ;



(d) make provisions for relieving persons authorized by a licence to supply electricity from any obligation to supply in such cases may be prescribed ;



(e) make provision requiring compliance with notices given by the Commission specifying action to be taken in relation to any electric line or electrical plant. Or any electrical appliance, under the control of a consumer, for the purpose of .





(i) preventing a breach of any regulation.



(ii) eliminating or reducing a risk of personal injury or damage to property or interference with its use ;



(f) provide for particular requirement of the regulations to be deemed to have been complied with in the case of any electric line or electrical plant complying with specified standard or requirement ; and



(g) provide for the granting of exemptions from any requirement of the regulations for such periods as may be determined by or under the regulations.



CHAPTER IX
GENERAL



Register.



63.





(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 -





(a) particulars in relation to every licence and exemption granted under this act ;



(b) particulars relating to the modification of the conditions of any such licence or the revocation of any such licence ;



(c) every decisions of the Commission, including every order, direction or determination ;



(d) every enforcement order made under section 33 ;



(e) the minutes of the proceedings at a public hearing held under section 7 ; and



(f) particulars relating to any other instrument or document to which the Commission's seal has been fixed.



(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.



Returns and information



64.





(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 -





(a) to a court of law when required to do so by such court ;



(b) for the purposes of discharging any function assigned to it by this Act ; or



(c) for the purposes of enabling compliance with a condition of a licence granted under this Act,



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



Sinhala text to prevail in case of inconsistency.



65. In the event of any inconsistency between the Sinhala and Tamil text of this Act, the Sinhala text shall prevail.



CHAPTER X
REPEALS AND TRANSITIONAL PROVISIONS



Repeals and transitional provisions



66.





(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 -





(a) all licences issued under that Act and in force on the day proceeding the date on which Chapter II of this Act comes into operation, shall in so far as such licences authorize any one of following activities, namely, the generation, transmission, distribution or supply of electricity, continue in force after that date ;



(b) all regulation made under section 60 of that Act and in force on the day preceding the relevant date, shall in so far as such regulations are not inconsistent with any provision of this Act continue in force after that date ; and



(c) the regulatory powers, duties and functions under the Electricity Act conferred on or assigned to the Energy Supply Committee and to the Energy Regulatory by and under the Energy Supply (Temporary Provisions) Act, No. 2 of 2002 shall, so long as the last mentioned Act is in operation be exercised, performed and discharged respectively, by the said Committee and the Energy Regulator under the corresponding provision of this Act, in consultation with the Commission.



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





(a) all regulations made under section 56 of that Act and in force on the day preceding the date on which Chapter II of this Act comes into operation, shall , in so far as such regulations are not inconsistent with any provision of this Act, continue in force after that date ;



(b) all tariffs fixed by the Board under section 52 of that Act, for the supply of electricity by the Board, and in force on the day preceding the relevant day, until varied or replaced by the respective successor companies in accordance with the conditions of their respective licences ; and



(c) where in respect of any matter or issue arising in or concerning the electricity industry no provisions or no effective provisions are made in this Act, such of the provisions of the Ceylon Electricity Board Act as are not inconsistent with the provisions of this Act shall apply in respect of such matter or issue.



CHAPTER XI
INTERPRETATION



Interpretation.



67. In this Act, unless the context otherwise requires -



"authorizes" means authorized by licence or exemption under this Act ;



"Authorized Area" in relation to a person authorized by a licence to transmit or to distribute and supply, electricity, means the area designated in the licence ;



"bulk sales" in relation to the sale of electricity, means the sale of electricity in bulk by the transmission licensee via its transmission system to -





(i) distribution licensees ; and



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



"Ceylon Electricity Board " means the Ceylon Electricity Board established by the Ceylon Electricity Board Act, No. 17 of 1969 ;



"Connect" in relation to any premises, means connect to a distribution line of the distribution licensee and the expression "connection" shall be construed accordingly ;



"consumer" means a consumer of electricity in Sri Lanka and included a prospective consumer ;



"contravention", in relation to any decision direction, termination, licence condition, requirement regulations, rule or order, includes any failure to comply with it ;



"distribute", in relation to electricity means distribute means of a system which consists (wholly or mainly) of low voltage lines and electrical plant and is used for conveying electricity to any premises or to any other distribution system and the expressions "distribution " and "distribution system " shall be construed accordingly ;



"distribution licensee" means a person who has been granted a distribution licence ;



"distribution line", in relation to a distribution licensee, means any distribution line in the Authorized Area of the distribution licensee which is being used for the purpose of giving a supply electricity to any premises ;



"dwelling" means a building or part of a building occupied or (if not occupied) last occupied or intended to be occupied, as private dwelling ;



"electric line" means any line whether underground or over ground which is used for carrying electricity for any purpose and includes, unless the context otherwise requires -





(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 ;



"electrical plant" means any plant, equipment, a or appliance used for or for purpose connected with the generation, transmission, distribution or supply of electricity, other than -





(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 ;



" Electricity Supply Code" means the provisions of Schedule 2 to this Act ;



"electricity undertaking" means any person engaged in the generation, transmission, distribution or supply of electricity including any holder of a licence under this Act ;



"enforcement order" means an enforcement order made by the Commission under section 33 ;



"exemption" means an exemption granted under section 9 ;



"financial year" means the calendar year ;



"generation licensee" means a person who has been granted a generation licence ;



"generator" means a generation licensee or a person exempt from the requirement of obtaining a generation licence ;



"high voltage lines" means an electric line of a nominal voltage not less than 33 kilovolt or such other voltage as the Commission may direct in accordance with section 44 and the expression "low voltage line ' shall be construed accordingly ;



"Institution of Engineers, Sri Lanka" means the institute of engineers, Sri Lanka, established by the institution of engineers, Sri Lanka Acts, No. 17 of 1968 ;



"Institute of Chartered Accountants: means the Institute of Chartered Accountants established by the Institute of Chartered Accountants Act, No. 23 of 1959 ;



"Lanka Electricity Company" means the Lanka Electricity Company (private) Limited registered under the Companies Act No. 17 of 1982 ;



"licence: means a licence granted under section 12 and "licensee" or "licensee" shall be construed accordingly ;



"Line" means any wire, cable, pipe, conductor or other similar thing (including its casing or coating) which is designed or adapted for use in carrying electricity ;



"Local authority" means a Municipal Council, Urban Council or a Pradeshiya Sabha, and includes any authority created and established by or under any law to exercise perform and discharge, powers , duties and functions corresponding to, or similar to, the powers, duties and functions exercised, performed and discharged by any such Council or Sabha ;



"Minister" means the Minister is charge of the subject of Power and Energy ;



"modification" includes additions, alterations and omissions ;



"necessary way leave" means consent for the licensee to install and keep installed the electric line on, under or over the land and to have access to the land for the purpose of inspecting, maintaining, adjusting, repairing. Altering, replacing, or removing the electric line ;



"notice" means notice in writing ;



"premises" included any land, building or structure ;



"prescribed" means prescribed by rules or regulations made under this Act ;



"Provincial Council" means a Provincial Council established under Chapter XVIIA of the Constitution ;



"public company" means a public company registered under the Companies Act, No. 17 of 1982 ;



"register" means the register maintained under section 63 ;



"regulations" means regulations made by the Minister under this Act ;



"relevant condition" in relation to a licensee, means any condition of its license or any duty imposed on it by or under this Act ;



"relevant date" means the date on which Orders relating to successor companies are published in the Gazette under section 46 ;



"relevant interest" means any financial or other interest directly or indirectly, in any company or undertaking carrying on any of the following activities -





(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) ;



"relevant licencee" has the meaning provided in subsection (5) of section 29 ;



"relevant undertaker" has the meaning provided in paragraph 2 0f Schedule 1 to this act ;



"rules" means made by the Commission under this Act ;



"sell electricity in bulk" has same meaning as 'bulk sales " ;



"supply" in relation to electricity, means supply of electricity to any (other than premises occupied by a licensee for the purpose of carrying on the activities which it is authorized by its licence to carry on ) but shall bulk sales of electricity ;



"tariff customer" means a persons who require a supply of electricity from a distribution licensee in pursuance of section 24 and is supplied by the distribution licensee;



"transmission licensee" means a person who has been granted a transmission licence under this Act ; and



"transmit" in relation to electricity, means the transportation of electricity by means of a system, which consist(wholly or mainly) of high voltage lines and electrical plant and is used for conveying electricity from a generation station to a sub-station, from one generation station to another or from one sub-station to another; and the expressions "transmission" and "transmission system" shall be construed accordingly ;



"Urban Development Authority" means the Urban Development Authority established by the Urban Development Authority Law, No 41 of 1978.
Schedules
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