Electricity Supply Act 447 - 04.10.2016

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LAWS OF MALAYSIA

_____________

ONLINE VERSION
OF UPDATED TEXT OF REPRINT
_____________

Act 447

ELECTRICITY SUPPLY
ACT 1990
As at 1 July 2016
2

ELECTRICITY SUPPLY ACT 1990

Date of Royal Assent ... ... ... ... … ... 22 August 1990

Date of publication in the Gazette ... … ... 30 August 1990

Latest amendment made by


Act A1501 which came into
operation on … … … 1 January 2016

PREVIOUS REPRINTS

First Reprint ... ... ... ... ... 2001

Second Reprint ... ... ... ... ... 2006


3

LAWS OF MALAYSIA

Act 447

ELECTRICITY SUPPLY ACT 1990

ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY

Section
1. Short title, commencement and application
2. Interpretation

PART II
ESTABLISHMENT

3. (Deleted)

PART III
FUNCTIONS, DUTIES, AND POWERS OF COMMISSION

4. Functions and duties


4A. Authorized officer
5. Power of entry by warrant or otherwise, inspection, examination, seizure,
etc.
5A. Cost of holding things seized
5B. Release of things seized
6. Powers of investigation
7. (Deleted)
8. Obstruction, etc. an offence
4 Laws of Malaysia ACT 447

PART IV
LICENSED AND REGISTERED INSTALLATIONS

Section
9. Licence required for use of installations: terms, conditions and contents of
licences
9A. Obligation to submit business plan
9B. Requirements on licensing
9C. Standards of performance of supply and services by licensees
9D. Proper annual accounts by licensee
9 E. Arrangement for procurement of electricity
10. Power to enter on and examine land
11. Power to enter on land for purposes of construction
12. Supply lines and other equipment on State land
13. Maintenance, repair and upgrading of installation
14. Removal or alteration of supply line, etc.
15. Saving of way leave agreements
16. Compensation
17. Reduction or cessation of supply: liability
18. Security: suspension of and revocation of licence
19. Restriction of use of specific purposes
20. Exemption of equipment from distress and attachment
21. Registration of installations
22. Periodical inspections of installations
22A. System Operator
22B. Single Buyer

PART V
COMPETENT CONTROL

23. Persons in charge


Electricity Supply 5

PART VA
EFFICIENT USE OF ELECTRICITY
Section
23A. Minister to determine standards, etc.

23B. Installation to meet requirements


23C. Equipment to meet requirements
23D. Registration of person providing service relating to efficient use of electricity

PART VI
SUPPLY BY LICENSEE
24. Duty to supply on request
25. Exceptions to duty to supply electricity
26. Power to fix tariffs and charges
26A. Licensee may levy surcharge
27. Power to recover expenses
28. Power to require security
28A. Return of security with interest
28B. Supply agreement with consumer
29. Special agreement with respect to supply
30. Determination of dispute
30A. Notification of dispute and binding decision by the Commission
30B. Register of decisions
31. Fixing of maximum prices for reselling electricity
32. Charge for supply of electricity to be ascertained by appropriate meter

PART VII
NOTIFICATION OF ACCIDENT OR FIRE

33. Serious accidents to be reported and investigated by the Commission


6 Laws of Malaysia ACT 447

PART VIIA
SAFETY OF INSTALLATION AND EQUIPMENT
Section
33A. Responsibilities of licensee for safety
33B. Responsibilities of non-domestic electrical installation owner or operator,
licensee for retail and lincensee for a private installation for safety
33C. Undertaking electrical work
33D. Responsibilities relating to non-electrical work
33E. Compliance inspection
33F. Interpretation

PART VIII
ENQUIRY AND ARBITRATION

34. Procedure in relation to enquiry and arbitration


35. Power of holding enquiry
36. Arbitration

PART IX
OFFENCES AND PENALTY

37. Offences
37A. Offence committed by body corporate
37B. Offence of attempt and abetment
38. Disconnection of supply of electricity
39. Liabilities unaffected
40. Onus of proof
41. Compensation for damage
42. Prosecution
43. Compounding
44. Reward for information
44A. Use of supply line, etc., for purposes of communications under the
Communications and Multimedia Act 1998
Electricity Supply 7

PART IXA
ELECTRICITY INDUSTRY FUND
Section

44B. Contribution by licensee


44C. Electricity Industry Fund
44D. Investment
44E. Accounts

PART X
GENERAL

45. Precautions in execution of work


45A. Audit of licensees and non-domestic electrical installations owners or
operators
45B. Determination of standards of installation or equipment
45C. Keeping of records and documents
46. Electrical interference with Government signalling lines
47. Precautions against atmospheric electricity
48. Restriction of connection with the earth
49. Procedure in case of dangerous defect in installation or part thereof
50. Prohibition of employment of children
50A. Development of codes by the Commission and compliance of the codes
50B. Retention of documents by Commission
50C. Guidelines or directions by Commission
50D. Variation, review or revocation of codes, guidelines or directions by the
Commission
50E. Offence for non-compliance with codes, guidelines or directions of the
Commission
50F. Register of codes, guidelines or directions
51. Special powers of emergency
52. Power to declare sources of water
52A. Supply infrastructure information security
52B. Obligation to give information
8 Laws of Malaysia ACT 447

PART XI
POWER TO MAKE REGULATIONS
Section

53. Power to make regulations

PART XII
MISCELLANEOUS

54. Exemptions

55. Transitional provision and restrictions attached to licences issued prior to


this Act
56. Repeal of Electricity Act 1949 and Electrical Inspectorate Act 1983 and
savings in respect thereof

FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
9

LAWS OF MALAYSIA

Act 447

ELECTRICITY SUPPLY ACT 1990

An Act to provide for the regulation of the electricity supply industry,


the supply of electricity at reasonable prices, the licensing of any
electrical installation, the control of any electrical installation, plant
and equipment with respect to matters relating to the safety of persons
and the efficient use of electricity and for purposes connected
therewith.

[1 September 1990, P.U. (B) 494/1990]

BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan


Agong with the advice and consent of the Dewan Negara and Dewan
Rakyat in Parliament assembled, and by the authority of the same, as
follows:

PART I
PRELIMINARY

Short title, commencement and application

1. (1) This Act may be cited as the Electricity Supply Act 1990
and shall come into force on such date as the Minister may, by
notification in the Gazette, appoint.
*
(2) This Act shall apply throughout Malaysia; however the
Minister may by order suspend the operation of the whole or any of
the provisions of this Act in any State.

*
NOTE—The operation of the whole of the Electricity Supply Act 1990 [Act 447] is suspended in the
State of Sarawak with effect from 1 September 1990—see P.U. (A) 272/1990.
10 Laws of Malaysia ACT 447

Interpretation

2. In this Act, unless the context otherwise requires—

“aerial line” means an electric supply line which is placed above the
ground and in open air, and includes service lines;

“arbitration” means arbitration under and in accordance with section


36;

“area of supply” means the area within which a supply authority or


licensee is authorized to generate and/or supply electricity;

“authorized officer” means any public officer or officer of the


Commission who is authorized in writing by the Minister for the
purposes of this Act;

“authorized person” means a person appointed by the management


or the owner of an installation, or by a contractor, acting as an agent
for and/or on behalf of the management or owner, to carry out certain
duties incidental to the generation, transmission, distribution and
utilization of electricity:

Provided that the said person possesses the qualifications prescribed


for persons performing those duties, or if no qualifications are
prescribed, is competent for the purpose for which, he is employed, the
burden of proof of competency being on the employer;

“Chairman” means the Chairman of the Energy Commission


appointed by the Minister under the Energy Commission Act 2001 [Act
610];

“Chief Executive Officer” means the Chief Executive Officer of the


Commission;

“Commission” means the Energy Commission established under the


Energy Commission Act 2001;
Electricity Supply 11

“communications” has the meaning assigned to it under the


Communications and Multimedia Act 1998 [Act 588];

“competent person” means a person who holds a certificate of


competency issued by the Commission to perform work in accordance
with the restrictions, if any, stated in the certificate;

“conductor” means an electrical conductor arranged to be electrically


connected to a system;

“consumer” means a person who is supplied with electricity or whose


premises are for the time being connected for the purpose of supply of
electricity by a supply authority or a licensee;

“consumer electrical equipment” means an appliance, product,


wires, device, accessory or any part thereof, that uses low voltage
electricity that—

(a) is sold to the public; or

(b) does not require special skill in its operation;

“conversion” means the conversion of alternating current to direct


current or vice versa by static or dynamic means;

“danger” means danger to health or to human life or limb from shock,


burn, or other injury and includes danger to property, installation or
equipment resulting from the generation, transmission, distribution or
utilization of electricity;

“dead”, applied to any system or part of a system, means that it is not


live or alive;

“dishonestly” has the meaning assigned thereto in the Penal Code


[Act 574];

“District Land Administrator” has the meaning assigned to “Land


Administrator” by section 5 of the National Land Code [Act 56 of 1965]
and the meaning of “Collector” by section 4 of the Land Ordinance of
12 Laws of Malaysia ACT 447

Sabah [Sabah Cap. 68] and for the State of Sarawak, “the Director” by
section 2 of the Land Code of Sarawak [Sarawak Cap. 81];

“electrical product” means any equipment, device or appliance other


than consumer electrical equipment;

“electrical work” means any work performed or carried out on an


electrical installation and includes the installing, constructing, erecting
or repairing, the altering of the structure, the replacing of any of its
parts, the adding of any part to it or the carrying out of any work for
the purposes of its maintenance, but does not include work in relation
to—

(a) the manufacturing of an electrical installation or the


assembling in the course of, or in connection with, its
manufacture for the purpose of producing a new article; or

(b) the oiling, greasing, cleaning or painting of an electrical


installation;

“electricity” means electrical energy or electrical power when


generated, produced, transmitted, distributed, supplied or utilized for
any purpose except for the transmission of any communication or
signal;

“electricity distribution network” means a system or part of a system


at nominal voltage below 66 kilovolts of electric lines or cables,
substations and associated equipment and buildings for distributing
electricity regardless of whether a generating plant is connected to such
system;

“electricity supply infrastructure” means the licensee’s—

(a) generating station;

(b) main supply lines and supply lines;


Electricity Supply 13

(c) substations for converting, transforming or controlling


electricity;

(d) equipment for metering, monitoring or controlling


electricity; and

(e) any wires, equipment and passages including tunnels and


cavities or others used for, or in connection with, the
generation, transmission, distribution or supply of
electricity;

“electricity transmission network” means a system or part of a


system at nominal voltage of 66 kilovolts and above of main supply
lines or cables, substations and associated equipment and building used
for conveying electricity—

(a) from a generating station to a substation;

(b) from one generating station to another;

(c) from one substation to another;

(d) to or from any interconnection point; or

(e) to the final consumer;

“equipment” includes any item for such purposes as generation,


conversion, transmission, distribution or utilization of electrical energy
or communications such as machines, transformers, apparatus,
measuring instruments, protective devices, wiring materials,
accessories, electrical product, consumer electrical equipment and
appliances;

“generating station” means any station for generating electricity,


including any building and plant used for the purpose, and the site
thereof, and includes a site intended to be used for a generating station,
but does not include any station for transforming, converting, or
distributing electricity;
14 Laws of Malaysia ACT 447

“generator” means a rotating machine of any type for changing


mechanical energy into electrical energy;

“grievous hurt” and “hurt” have the meanings assigned thereto


respectively in the Penal Code;

“installation” means the whole of any plant or equipment under one


ownership or, where a management is prescribed, the person in charge
of the same management, designed for the supply or use, or both, as
the case may be, of electricity; including prime movers,
if any, with all necessary plant, buildings and land in connection
therewith, pipe line, supply line, electricity supply infrastructure,
domestic and non-domestic electrical installation and consuming
apparatus, if any;

“insulated” means covered or protected by insulating material;

“insulating”, used as an epithet to characterize any substance, means


of such size, quality and construction, according to circumstances, as
to afford adequate protection from danger;

“licence” means a licence issued under section 9 and includes any


licence issued under any other law enforced before the promulgation
of this Act;

“licensee” means a person licensed under section 9;

“live” or “alive”, applied to a system or any part of any system,


means that a voltage exists between any conductor and earth or
between any two conductors in the system;

“mains” means a supply line through which electricity is or can be


supplied, whether the line is in use or not;

“main supply line” means any high voltage or extra high voltage
supply line for transmitting electricity from a generating station to
another generating station or to a substation and includes any building
or part of a building used in connection with such supply line;
Electricity Supply 15

“management” means the person for the time being placed in charge
of an installation;

“meter” means any appliance, instrument, equipment or device used


for the purpose of measuring and recording the amount of electrical
energy or maximum demand or power factor or any combination;

“Minister” means the Minister for the time being charged with the
responsibility for matters relating to the supply of electricity;

“motor” means a motor of any type for the transformation of


electrical energy into mechanical energy;

“power factor” means the ratio of active power to the apparent


power;

“power quality” means the characteristics of the electricity at a given


point on an electrical system, evaluated against a set of reference
technical parameters such as voltage and current magnitude, frequency
or waveform;

“power system” means a combined system consisting of an


electricity transmission network, electricity distribution network and
generating stations connected to the electricity transmission network
and includes part of such system;

“prescribed”, unless otherwise specified, means prescribed by


regulations made under section 53;

“prime mover” means a machine supplying mechanical energy to a


generator;

“private installation” means an installation operated by a licensee or


owner solely for the supply of electricity to and use thereof on the
licensee’s or owner's own property or premises, or, in the case of a
consumer, taking electricity from a public installation or supply
authority, for use only on the licensee's or owner's property or
premises;
16 Laws of Malaysia ACT 447

“private safety” means the obviation of danger to individuals or to


private property;

“public installation” means an installation operated by a licensee for


the supply of electricity to any person other than the licensee:

Provided that the licensee may use electricity for his own purposes
where the use is consistent with the terms of the licence;

“public lamp” means an electric lamp used for the lighting of any
street or other public place;

“public safety” means the obviation of danger to the general public,


to public property and to streets, railways, airports, ports, canals,
docks, wharves, piers, bridges, gasworks and their appurtenances and
telegraphic, telephonic and other electrical signalling lines owned or
operated by the Federal Government or any State Government;

“Registrar” means the Registrar as defined in the National Land


Code;

“reserved land” means land reserved for a public purpose, railway


reserves and forest reserves;

“retail” means the activity of supplying and selling of electricity to


end consumers;

“ring fence” means identifying and isolating the activities, assets,


costs, revenues and service obligations of a System Operator or a
Single Buyer from the licensee referred to in sections 22A and 22B
respectively through accounting, financial or legal separation or other
means as determined by the Commission so as to ensure that the
management of the System Operator or Single Buyer is capable of
acting independently from activities under the licence of the licensee
and to facilitate effective competition and enhance transparency in the
operations of the power system;
Electricity Supply 17

“Single Buyer” means any person or a unit, department or division


forming part of a licensee who is authorized under subsection 22B(1)
responsible for the management of procurement of electricity and
related services, which includes planning, scheduling, procuring and
settlement, and any other function as may be prescribed;

“State land” does not include reserved land and alienated land;

“street” includes any way, road, lane, path, square, court, alley,
passage or open space, whether a thoroughfare or not, over which the
public have a right of way and also the roadway and footway over any
public bridge;

“supply authority” means any statutory authority established by an


Act of Parliament or any other law to generate and/or supply
electricity;

“supply line” means a conductor or conductors or other means of


conveying, transmitting or distributing electricity, together with any
casing, coating, covering, tube, pipe, insulator or post enclosing,
surrounding or supporting the same or any part thereof, or any building
or equipment connected therewith for the purpose of transforming,
conveying, transmitting or distributing electricity;

“system” means an electrical system in which all the conductors and


equipment are electrically or magnetically connected;

“System Operator” means any person or a unit, department or


division forming part of a licensee who is authorized under subsection
22A(1) responsible for system security, operational planning, dispatch
of generating units, real time operation and control of the power system
and any other function as may be prescribed;

“transformation” means the transformation of voltage from lower to


a higher voltage or vice versa.
18 Laws of Malaysia ACT 447

PART II
ESTABLISHMENT

3. (Deleted by Act A1116).

PART III
FUNCTIONS, DUTIES AND POWERS OF COMMISSION

Functions and duties

4. The Commission shall carry out such functions and duties as


follows:

(a) to issue licences under section 9 of this Act;

(b) to exercise regulatory functions in respect of the service of


providing electricity by the licensee including the
determination of supply and services standards,
performance standards and standards of facilities and
services and the enforcement thereof;

(c) to promote competition in the generation and supply of


electricity to, inter alia, ensure the optimum supply of
electricity at reasonable prices;

(d) to exercise regulatory function in respect of the consumers’


interests and the enforcement in respect of—

(i) the prices to be charged and the other conditions of


electricity supply;

(ii) the continuity of electricity supply;

(iii) the quality of the electricity supply services provided;


and
Electricity Supply 19

(iv) the quality of electricity supply which includes


reliability and power quality;

(e) to secure that all reasonable demands for electricity are


satisfied;

(ea) to regulate the activities of the licensee so that all reasonable


demands for electricity are satisfied;

(f) to ensure that licensees are able to finance the carrying on of


the activities which they are authorized by their licences to
carry on;

(g) to promote and encourage the generation of electricity


with a view to the economic development of Malaysia;

(ga) to promote the establishment and maintenance of safe and


efficient systems for electricity generation, transmission,
distribution and supply to consumers and the continued
improvement of safety requirements;

(gb) to enforce standards for electrical installations and


licensee’s electricity supply infrastructure, electrical
products and consumer electrical equipment;

(h) to regulate the interval and manner in which any electrical


installation or equipment shall be inspected;

(i) to devise the nature of test to be employed and to prescribe


minimum qualifications and practical experience for any
purpose in the pursuance of this Act;

(j) to investigate any accident or fire involving any electrical


installation;

(k) to provide, where necessary, for the registration of any


installation, person providing service relating to efficient use
of electricity, private wiring unit, electrical contractor,
electrical services contractor, electrical repair contractor,
manufacturer and importer, training and examination center
20 Laws of Malaysia ACT 447

or institution, conformity assessment bodies and any


competent person, as may be prescribed;

(l) to prescribe the minimum standards and specifications and


appraise and approve, where necessary, any electrical
installation or equipment;

(la) to promote the efficient use of electricity;

(lb) to review or audit any of the information which a licensee is


required to furnish to the Commission;

(lc) to audit or cause to be audited activities of any licensee or


any other person determined by the Commission; and

(m) to carry on all such other activities as may appear to the


Commission requisite, advantageous or convenient for the
purpose of carrying out or in connection with the
performance of his functions and duties under this Act.

Authorized officer

4A. (1) The Minister may in writing authorize any public officer or
officer of the Commission to exercise the powers of enforcement under
this Act.

(2) Any such officer shall be deemed to be a public servant within


the meaning of the Penal Code.

(3) In exercising any of the powers of enforcement under this Act,


an authorized officer shall on demand produce to the person against
whom he is acting the authority issued to him by the Minister.
Electricity Supply 21

Power of entry by warrant or otherwise, inspection, examination,


seizure, etc.

5. (1) An authorized officer may, for the purposes of discharging


any of his duties or carrying out any of his functions under this Act or
any regulation made thereunder, or otherwise for any of the purposes
of this Act or any regulation, enter at any reasonable time upon any
land, house or building with or without supply of electricity to inspect
and examine any part of an installation or equipment, or for other
proper cause.

(2) In every case where information is given on oath to any


magistrate that there is reasonable cause for suspecting that there is in
any land, house or building any article, thing, book, document,
installation or part thereof used or intended to be used in relation to
which any offence under this Act has been committed, he shall issue a
warrant under his hand by virtue of which any authorized officer or
police officer not below the rank of Inspector named or referred to in
the warrant may enter the land, house or building at any reasonable
time by day or night, and search for and seize or seal any such article,
thing, book, document, installation or part thereof:

Provided that if an authorized officer or police officer not below the


rank of Inspector is satisfied upon information received that he has
reasonable grounds for believing that by reason of delay in obtaining a
search warrant, any article, thing, book, document, installation or part
thereof used to commit or to be used to commit an offence under this
Act is likely to be removed or destroyed, he may enter such land, house
or building without a warrant and seize or seal any such article, thing,
book, document, installation or part thereof from therein.

(3) An authorized officer or a police officer not below the rank of


Inspector making the search may seize any article, thing, book,
document, installation or part thereof used or intended to be used or
capable of being used for the purpose of committing an offence under
this Act and if such article, thing, book, document, installation or part
thereof is seized, he shall produce the same before the magistrate, and
upon such production the magistrate shall direct the same to be kept in
the custody of the authorized officer or the police for the purpose of
any investigation or prosecution under this Act.
22 Laws of Malaysia ACT 447

(4) Any authorized officer or police officer not below the rank of
Inspector may in the exercise of his powers under subsection (2) or (3),
if it is necessary so to do—

(a) break open any outer or inner door of the dwelling house or
any other premises and enter thereinto;

(b) forcibly enter the place and every part thereof;

(c) remove by force any obstruction to entry, search, seizure and


removal as he is empowered to effect; and

(d) detain every person found in the place until the place has
been searched.

(5) The authorized officer or police officer not below the rank of
Inspector seizing any article, thing, book, document, installation or part
thereof under subsection (2) or (3) shall prepare a list of the things
seized and forthwith deliver a copy signed by him to the occupier, or
his agents or servants present in the premises and if the premises are
unoccupied, such authorized officer or police officer shall wherever
possible post a list of the things seized on the premises.

(6) An authorized officer shall at all times carry an official


identification card or badge in such form as may be prescribed, and no
person shall be obliged to admit to his land, house or building any
person purporting to be an authorized officer except upon production
of the identification card or badge.

Cost of holding things seized

5A. Where any equipment, instrument, material, book, record, account,


document, goods or thing seized under this Act or its subsidiary
legislation is held in the custody of the Government or the Commission
pending completion of any proceedings in respect of an offence under
this Act or its subsidiary legislation, the cost of holding such
equipment, instrument, material, book, record, account, document,
Electricity Supply 23

goods or thing in custody shall, in the event of any person being found
guilty of an offence, be a debt due to the Government or the
Commission, as the case may be, by such person and shall be
recoverable accordingly.

Release of things seized

5B. (1) If any equipment, instrument, material, book, record, account,


document, goods or thing has been seized under this Act, the
authorized officer who effected the seizure, may at any time after that,
with the consent of the Public Prosecutor, release the equipment,
instrument, material, book, record, account, document, goods or thing
to the person as he determines to be lawfully entitled to the equipment,
instrument, material, book, record, account, document, goods or thing
if he is satisfied that the equipment, instrument, material, book, record,
account, document, goods or thing is not otherwise required for the
purpose of any proceedings under this Act or its subsidiary legislation,
or for the purpose of any prosecution under any other written law, and
in such event, neither the officer effecting the seizure, nor the
Government, the Commission or any person acting on behalf of the
Government or the Commission shall be liable to any proceedings by
any person if the seizure and the release of the equipment, instrument,
material, book, record, account, document, goods or thing had been
effected in good faith.

(2) A record in writing shall be made by the authorized officer


effecting the release of anything under subsection (1) specifying in
detail the circumstances of and the reason for the release and send a
copy of the record to the Public Prosecutor.

Powers of investigation

6. (1) The Commission shall have the power to investigate the


commission of any offence under this Act or any regulation made
thereunder.

(2) The Commission may, in relation to any investigation in respect


of any offence committed under this Act or any regulation made
24 Laws of Malaysia ACT 447

thereunder, exercise the special powers in relation to police


investigation except that the power to arrest without warrant given by
the Criminal Procedure Code [Act 593] in any seizable offence may
not be exercised by the Commission.

7. (Deleted by Act A1501).

Obstruction, etc. an offence

8. Any person who—

(a) refuses any authorized officer or police officer not below the
rank of Inspector access to any place;

(b) assaults, obstructs, hinders or delays any authorized officer


or police officer not below the rank of Inspector in effecting
any entry which he is entitled to effect under this Act, or in
the execution of any duty imposed or power conferred by
this Act;

(c) refuses to give to any authorized officer or police officer not


below the rank of Inspector any information relating to an
offence or suspected offence under this Act or any other
information which may reasonably be required of him and
which he has in his knowledge or power to give;

(ca) refuses to give any officer of the Commission any


information which may reasonably be required of him and
which he has in his knowledge or power to give relating to
any matter under the functions, duties and powers of the
Commission under section 4; or

(d) knowingly gives false information,


Electricity Supply 25

commits an offence and on conviction be liable to a fine not exceeding


fifty thousand ringgit or to imprisonment for a term not exceeding three
years or to both.

PART IV
LICENSED AND REGISTERED INSTALLATIONS

Licence required for use of installations: terms, conditions and


contents of licences

9. (1) Subject to any exemptions as may be granted under this Act,


no person, other than a supply authority, shall—

(a) use, work or operate or permit to be used, worked or


operated any installation; or

(b) supply to or for the use of any other person electricity from
any installation,

except under and in accordance with the terms and conditions of a


licence as may be prescribed authorizing the supply or use, as the case
may be.

(2) Licences may be granted by the Commission with the approval


of the Minister upon payment of such fees and upon such terms and
conditions as appear to be requisite or expedient having regard to the
duties imposed by section 4.

(2A) The Commission may, whether a notice has been served or not,
levy a surcharge for the late payment of fees due to from a licensee to
the Commission, at a rate of one per cent per month or part of a month
on such fees or at any other rate as may be prescribed.

(2B) Notwithstanding subsection (2), the Commission may grant a


licence upon payment of fees and upon such conditions as appear to be
requisite or expedient having regard to the duties imposed by section
4 in respect of any installation as may be prescribed.
26 Laws of Malaysia ACT 447

(2C) The Commission may, from time to time, issue codes,


guidelines or directions in respect of any installation.

(3) No licence shall be capable of being transferred unless the


written consent of the Minister has been given.

(4) Licences may be for such periods as the Commission may in


each several case approve:

Provided that no licence shall without the express approval of the


Minister be for a period exceeding twenty-one years.

(5) The duration of any licence shall be set out therein.

(6) Any licence for a public installation shall set out—

(a) the area of supply;

(b) the declared voltage and the variations permitted there from;

(c) the maximum charges payable by consumers; and

(d) such other matters as the Commission may consider


necessary.

(7) The Commission may, with the approval of the Minister, at any
time—

(a) impose any additional terms or conditions on the licences,


including existing licences; or

(b) amend any terms or conditions imposed on the licences,

in accordance with the procedure as may be prescribed.


Electricity Supply 27

Obligation to submit business plan

9A. (1) The Commission may request any licensee to submit a five
year, or such other period as determined by the Commission, rolling
business plan updated on an annual basis or any other time period as
determined by the Commission according to procedures provided in
the guidelines issued by the Commission.

(2) Any licensee who contravenes this section commits an offence.

Requirements on licensing

9B. (1) Notwithstanding any other provisions of this Act, if at any time
it appears to the Commission that a licensee has failed to comply with
any requirement of or to meet any of its duties or obligations under this
Act or its subsidiary legislation or the conditions of the licence, the
Commission may require the licensee to rectify the failure or to comply
with the requirements, duties or obligations or licence conditions
within a specified period.

(2) The licensee referred to in subsection (1) shall take all reasonable
measures to comply and submit periodic compliance reports on the
measures taken to the satisfaction of the Commission.

(3) Any licensee who contravenes this section commits an offence.

Standards of performance of supply and services by licensees

9C. (1) The Commission may, from time to time, issue codes,
guidelines or directions on such standards of performance of supply
and services to be implemented by a licensee including procedures
for—

(a) reasonably meeting consumer requirements;

(b) handling consumer complaints and disputes;


28 Laws of Malaysia ACT 447

(c) procedures for the compensation of consumers in case of a


breach of the standards of performance or a breach of any of
the licensee’s obligations under the Act; and

(d) the protection of consumer information.

(2) Any action taken by the Commission pursuant to this section in


respect of any failure by any licensee to meet the standards referred to
in subsection (1), shall not prejudice or affect any other remedy which
may be available in respect of the act or omission of the licensee which
constituted that failure under any other law including the Consumer
Protection Act 1999 [Act 599].

(3) The Commission may direct the licensee to provide any


information on the levels of performance achieved and services
provided in respect of the standards referred to in subsection (1) to
consumers or potential consumers.

(4) A licensee shall publish its own standards of consumer services


in accordance with the codes, guidelines or directions referred to in
subsection (1).

(5) Any licensee who contravenes this section commits an offence.

Proper annual accounts by licensee

9D. (1) The licensee shall keep and maintain proper annual accounts of
activities under the licence containing sufficient details as may be
required of any revenues, costs, assets, liabilities, reserves or any other
related matters.

(2) The accounts shall also be in accordance with any guidelines or


directions as the Commission may, from time to time, issue to the
licensee and such accounts shall be submitted to the Commission
accordingly.
Electricity Supply 29

Arrangement for procurement of electricity

9E. In exercising its functions under paragraph 4(d), any arrangement


by licensees or the Single Buyer for the procurement of electricity
through the electricity transmission network, shall be subject to the
approval of the Commission.

Power to enter on and examine land

10. (1) Whenever it appears to the licensee that it will be necessary


for him to exercise the powers conferred upon him by this Act in
respect of any land other than State land for the purpose of constructing
an installation or part of an installation, the licensee or any person
authorized by him may, after giving not less than twenty-four hours
notice to the occupier thereof, if any, enter upon the land, survey and
take levels and do any other acts necessary to ascertain the suitability
of the land, in so far as the same may be possible without causing
damage or disturbance.

(2) Nothing herein contained shall be deemed to authorize any


person to cut down or clear away any vegetation or any fence or other
erection or to enter into any building or upon any enclosure attached to
any building.

(3) In the case of reserved land, the notice under subsection (1) may
be given to the officer or any other person in charge of the reserved
land or, in the absence of any such officer or person, to the District
Land Administrator.

Power to enter on land for purposes of construction

11. (1) Subject to as hereinafter provided, whenever it is necessary


so to do for the purpose of installing any system of distribution of
electricity under this Act, a licensee may lay, place or carry on, under
or over any land, other than State land, such posts and other equipment
as may be necessary or proper for the purposes of the licensed
installation, as the case may be, and may take such other action as may
be necessary to render the installation safe and efficient, paying full
30 Laws of Malaysia ACT 447

compensation in accordance with section 16 to all persons interested


for any disturbance, damage or disability that may be caused thereby
and such compensation may include an annual payment for land used
for the purpose of the posts or other equipment.

(2) Before entering on any land for the purpose specified in


subsection (1), the licensee shall give a notice stating as fully and
accurately as possible the nature and extent of the acts intended to be
done. The notice shall be substantially in the form set out in the First
Schedule and the District Land Administrator shall specify a date upon
which the State Authority shall inquire into any objection that may
have been made as herein after provided.

(3) The aforesaid notice shall be given—

(a) in the case of alienated land, to the owner or occupier;

(b) in the case of reserved land, to the officer or any other person
in charge of the reserved land or, in the absence of any such
officer or person, to the District Land Administrator,

and may be sent by registered post or be left at the usual or last known
place of abode of the person to whom it is to be given or served by the
licensee or the District Land Administrator at the expense of the
licensee, either in the manner herein before provided or in the manner
provided for the service of notices by any written law relating to land
in force in the State where the land is situated.

(4) Any of the persons mentioned in subsection (3) may, within


fourteen days of the receipt of the notice therein referred to, lodge an
objection to the intended acts of the licensee. The objection may be
made to the District Land Administrator, either verbally or in writing,
and the District Land Administrator shall give notice of the objection
to the State Authority and to the licensee.

(5) If no objection is lodged within the time limited for that purpose
by subsection (4), the licensee may forthwith enter on the land and do
all or any of the acts specified in the notice given under subsection (2).
Electricity Supply 31

(6) If an objection is lodged and is not withdrawn before the date


fixed for the hearing thereof, the District Land Administrator shall hold
an enquiry, giving all parties an opportunity to be heard.

(7) Upon the conclusion of the enquiry the District Land


Administrator may either unconditionally or subject to such terms,
conditions and stipulations as he thinks fit, make an order authorizing
or prohibiting any of the acts mentioned in the notice given under
subsection (2). The order shall be substantially in the form set out in
the Second Schedule:

Provided that any party who is dissatisfied with the District Land
Administrator's order may within twenty one days after the order
appeal against such an order to the State Authority which may then
uphold, set aside or vary the order upon such terms, conditions and
stipulations as it thinks fit.

(8) The State Authority may, if it thinks fit, in lieu of making an


order under subsection (7), direct the acquisition of any land or part of
any land included in a notice given under subsection (2).

(9) The decision of the State Authority under this section shall be
final.

(10) Notwithstanding any written law relating to land matters, the


Registrar—

(a) upon the production to him of the notice issued by the


licensee under subsection (2) together with the statement by
the District Land Administrator that no objection had been
lodged by any of the persons mentioned in subsection (3); or

(b) upon the production to him of the original order made under
subsection (7) and upon the deposit with him of a certified
copy of such order,

shall cause to be made on the register document of title relating to the


land affected by the notice or order as the case may be, a note of the
existence of the rights under such notice or order.
32 Laws of Malaysia ACT 447

Supply lines and other equipment on State land

12. (1) Subject to the approval of the State Authority and to such
conditions as the State Authority may deem proper, a licence may
extend to authorizing the licensee to lay, place or carry on, under or
over State land, such supply lines and to erect and maintain in or upon
State land such posts and other equipment as may in the opinion of the
Commission be necessary or proper for the purposes of the licensed
installation.

(2) All equipment placed in or upon State land which is not


removed therefrom within six months, or such longer period as the
State Government may permit, after the expiration or early
determination of the licence under the authority whereof the same was
so placed, shall vest in and become the property of the Government of
the State wherein the same is situated.

Maintenance, repair and upgrading of installation

13. Whenever it is necessary so to do for the purpose of maintaining,


repairing or upgrading any licensed installation or any part thereof, the
licensee, or any person authorized by him in that behalf, may at all
reasonable times enter upon any land on, under or over which supply
lines have been laid, placed or carried, or upon which posts or other
equipment have been erected, and may carry out all necessary repairs,
and may, in the course thereof, fell or lop trees, remove vegetation and
do all other things necessary to the said purpose, causing as little
damage as possible and paying full compensation in accordance with
section 16 to all persons interested for any damage that may be caused
thereby for which compensation has not already been assessed under
section 11.

Removal or alteration of supply line, etc.

14. (1) Where a supply line has been laid, or posts or equipment
erected, on any land under section 11, and if any of the persons
Electricity Supply 33

mentioned in subsection 11(3) desires to use the land in such a manner


as to render it necessary or convenient that the line, posts or equipment
should be removed to another part of the land, or to land at a higher or
lower level, or be altered in form, he may require the licensee, to
remove or alter the line, posts or equipment accordingly.

(2) (a) If the licensee omits to comply with the requisition, the
person may apply in writing to the State Authority which may, in its
discretion, after enquiring into all the facts of the case, reject the
application or make an order, either absolutely or subject to certain
conditions, for the removal or alteration of the line, posts or equipment.
The order shall provide for the payment of the cost of executing the
removal or alteration by the licensee or by the person making the
application, as the State Authority may consider equitable in the
circumstances of the case.

(b) The State Authority may, instead of itself enquiring into a


case under this subsection, direct the District Land Administrator to
make such enquiry on its behalf and to make recommendations to it.

(3) Whenever the State Authority has made an order for the
removal or alteration of any main supply line, the licensee may, instead
of removing or altering the supply line, apply to the State Authority to
direct the acquisition of such land as is required for the purposes of the
line, and the State Authority may direct the acquisition accordingly.

(4) Whenever the State Authority is authorized by this section to


direct the acquisition of any land, the licensed installation shall be
deemed to be a work of public utility and any written law relating to
land acquisition in force in the State where the land is situated shall be
enforced accordingly.

(5) Whenever a supply line has been laid, or posts or equipment


erected on State land by a licensee and the land is subsequently
alienated to any person, the owner or occupier of the land may, unless
the terms of alienation expressly provide otherwise, require the
removal of the supply line to another part of the land, or to land at a
higher or lower level, or the alteration of the line, posts or equipment,
and subsections (1) to (4) shall apply to any such requisition:
34 Laws of Malaysia ACT 447

Provided that the cost of executing the removal or alteration shall be


defrayed by the person making the requisition.

Saving of way leave agreements

15. (1) Nothing in section 11 or section 14 shall—

(a) affect the right of a licensee to enter into an agreement,


commonly known as a way leave agreement, with the owner
or occupier of any land for the purpose of carrying a supply
line across the land; or

(b) affect any such way leave agreement subsisting at the


commencement of this Act.

(2) Notwithstanding any written law relating to land, the Registrar,


upon the production to him of the original and the deposit with him of
a certified copy of any such way leave agreement as is referred to in
subsection (1), shall cause to be made on the register document of title
relating to the land affected by the way leave agreement a note of the
existence of the way leave agreement.

(3) Where a way leave agreement relates to land which is a holding


included in the Interim Register—

(a) subsection (2) shall apply as if “Commissioner” and


“appropriate folio of the Interim Register” were substituted
for “Registrar” and “register document of title” respectively;
and

(b) when final documents of title are issued for the land under
section 39 of the National Land Code (Penang and Malacca
Titles) Act 1963 [Act 518], any note made pursuant to that
subsection as varied by paragraph (a) shall (if it is still
effective immediately before the issue of those documents)
be entered by the Commissioner on the register document of
Electricity Supply 35

title and shall continue to have effect as if it had been entered


under that subsection.

(4) So long as there remains on the register document of title or the


appropriate folio of the Interim Register a note made pursuant to
subsection (2) or (3), all dealings with the land to which the note relates
shall be deemed to be subject to the rights of the licensee under and by
virtue of the way leave agreement in respect of which the note has been
made.

(5) Where a note or registration of a way leave agreement made


before 1 January 1966, pursuant to subsection (2) or (3) as then in force
remained effective immediately before that date, then, for the purposes
of subsection (4)—

(a) it shall be regarded as a note made pursuant to subsection


(2); or

(b) if it relates to land included as a holding in the Interim


Register it shall be entered on the appropriate folio of the
Interim Register and shall then be regarded as a note made
pursuant to subsection (3).

(6) In this section—

“Commissioner” and “Interim Register” have the meanings assigned


thereto respectively by the National Land Code (Penang and Malacca
Titles) Act 1963.

Compensation

16. (1) The amount of compensation, if any, payable under section


11 or 13 shall be assessed by the District Land Administrator after such
enquiry as he shall deem sufficient. The assessment shall be
substantially in the form set out in the Third Schedule:

Provided further that no compensation shall be payable by the


licensee in respect of any tree within fifty feet of the center line of any
road constructed or maintained by the State Government or by any
36 Laws of Malaysia ACT 447

local authority unless it is proved that the tree was in existence prior to
the construction of the road.

(2) Any person aggrieved with the District Land Administrator's


assessment may within twenty-one days after the assessment appeal to
the State Authority whose decision shall be final.

Reduction or cessation of supply: liability

17. (1) Any licensee may reduce, as he may think fit, the quantity of
electricity supplied to any consumer if by reason of any unforeseen
circumstances electricity generated is insufficient to enable the full
quantity to be conveniently supplied.

(2) Where the quantity of electricity has been reduced as


aforesaid—

(a) no liability shall be incurred by the licensee in respect of any


loss or damage caused by the reduction; and

(b) in appropriate cases, an abatement in the charges for the


supply of electricity shall be made in proportion to the
reduction made.

(3) Any licensee shall not be liable for any damage to any person or
property or for any cessation of the supply of electricity which may be
due to unavoidable accident, fair wear and tear or overloading due to
unauthorized connection of equipment, or to reasonable requirements
of the system, or to defects in any installation not provided by the
licensee, but shall be liable only when the damage or cessation is
shown to have resulted from negligence on the part of persons
employed by the licensee, his agents or servants, as the case may be,
or from his faulty construction of the installation.

(4) Without prejudice to subsection (3), the licensee shall rectify and
repair any damage to ensure continuation of the supply of electricity
and where applicable, compensate for any damage within the period of
Electricity Supply 37

time as directed by the Commission if it is shown to have resulted from


the negligence of the licensee, his agents or servants, as the case may
be.

Security: suspension of and revocation of licence

18. (1) Before the issue of any licence the Commission may require
such security as the Commission may specify to be furnished for the
due observance of the terms and conditions of the licence and of this
Act.

(2) A licence may at any time be suspended or revoked by the


Commission upon breach of any of the conditions thereof or in default
of payment of any moneys accrued due thereunder, or if the licensee
ceases to work or operate the installation in respect of which the licence
has been granted:

Provided that, where a licence has been suspended or revoked on the


ground that the licensee has ceased to work or operate an installation,
the licensee may, if he considers that he has suffered or may suffer
undue hardship by reason of the suspension or revocation, appeal to
the Minister against the suspension or revocation, and the decision of
the Minister on the appeal shall be final.

(3) The licensee shall not be entitled to compensation for any loss
caused to him by the suspension or revocation of a licence under this
section.

(4) Upon termination of a licence, the licensee shall remove his


installation and equipment within three months from the date of
termination, failing which the licensee shall be liable for all costs
whatsoever incurred in the removal thereof and such costs may be
recovered from the security deposited (if any) under subsection (1).
38 Laws of Malaysia ACT 447

Restriction of use to specified purposes

19. A licensee who is, by the conditions of his licence, restricted to


using or supplying electricity for specified purposes only, shall not use
or supply electricity for any purpose other than those so specified.

Exemption of equipment from distress and attachment

20. When any electrical equipment belonging to a licensee has been


placed in or upon premises not owned or occupied by the licensee, for
the purpose of supplying or measuring electricity, such equipment
shall not be subject to distress nor be liable to be taken in execution
under any process of a court or in any bankruptcy or insolvency
proceedings against any person.

Registration of installations

21. (1) Before the completion of a new installation, other than an


installation belonging to a supply authority or an installation operated
or owned by a licensee, the owner of the installation shall forward, in
duplicate, to the Commission, an application for registration in the
prescribed form.

(1A) The Commission shall cause inspection and tests to be made


within the prescribed period and, if the installation satisfies the
requirements of this Act, shall issue or cause to be issued a Certificate
of Registration in the prescribed form.

(2) No person shall possess or operate an installation, other than an


installation excluded under subsection (1) unless the installation is
registered on a valid Certificate of Registration.

(3) Certificates of Registration shall be surrendered by the owner or


licensee to the Commission for cancellation if the installation is no
longer required to be used. Thereafter, if the owner or licensee wishes
Electricity Supply 39

to operate the installation again, the said installation shall be treated in


all respects as if it is a new installation.

(4) A Certificate of Registration may be cancelled in accordance


with regulations made under section 53.

(5) Certificates of Registration shall not be transferred without the


permission of the Commission.

Periodical inspections of installations

22. (1) Subject to any exemption granted under this Act any person
who intends to construct, extend or alter any installation shall give
notice of the proposed construction, extension or alteration to the
Commission. Such person or a person authorized by him shall submit
plans and obtain prior approval from the Commission who may
periodically inspect the installation thereof.

(2) In addition to periodical inspections during construction,


extension or alteration and final inspections on completion, all
installations, while in operation, shall be subject to such periodical
inspections as may be prescribed.

(3) The management or person in charge of any installation or the


construction, extension or alteration of any installation shall afford full
facilities for inspection during working hours.

System Operator

22A. (1) The Minister may, upon the recommendation of the


Commission, authorize or revoke the authorization of any person or a
unit, department or division forming part of a licensee to be a System
Operator by order published in the Gazette.

(2) The System Operator shall comply with any regulations, codes,
guidelines or directions with regards to its functions as may be made
or issued by the Minister or the Commission, as the case may be, under
this Act.
40 Laws of Malaysia ACT 447

(3) A System Operator, pursuant to discharging its functions under


this Act, shall ensure non-discriminatory conduct and optimal
operation of such power system to the extent that it does not
compromise the reliability, security and safety of the power system.

(4) The Commission may, from time to time, issue codes, guidelines
or directions to ring fence the System Operator from activities under
the licence of the licensee which are not related to its function as a
System Operator.

Single Buyer

22B. (1) The Minister may, upon the recommendation of the


Commission, authorize or revoke the authorization of any person or a
unit, department or division forming part of a licensee to be a Single
Buyer by order published in the Gazette.

(2) The Single Buyer shall comply with any regulations, codes,
guidelines or directions with regards to its functions as may be made
or issued by the Minister or the Commission, as the case may be, under
this Act.

(3) A Single Buyer, pursuant to discharging its functions under this


Act, shall ensure non-discriminatory conduct and optimal operation of
such power system to the extent that it does not compromise the
reliability, security and safety of the power system.

(4) The Commission may, from time to time, issue codes,


guidelines or directions to ring fence the Single Buyer from activities
under the licence of the licensee which are not related to its function
as a Single Buyer.
Electricity Supply 41

PART V
COMPETENT CONTROL

Persons in charge

23. (1) No installation or electrical plant equipment other than those


owned or managed by a supply authority shall be worked or operated
except by or under the control of persons possessing such
qualifications and holding such certificates as may be prescribed, and
no person not possessing the qualifications or holding a certificate as
aforesaid shall be in charge of any installation or shall control the
operation of any electrical plant or equipment.

(2) Any person who contravenes this section commits an offence


and shall, on conviction, be liable to a fine not exceeding ten thousand
ringgit and, if the contravention be continued, to a fine not exceeding
one thousand ringgit for everyday or part of a day during which the
contravention is continued after conviction.

PART VA
EEFICIENT USE OF ELECTRICITY

Minister to determine standards, etc.

23A. The Minister may, from time to time, prescribe the standards,
specifications, practices and measures to be adopted and any other
matters in respect of the efficient use of electricity.

Installation to meet requirements

23B. No person shall use or operate any installation unless the


installation meets such requirements as may be prescribed in respect
of the efficient use of electricity.
42 Laws of Malaysia ACT 447

Equipment to meet requirements

23C. No person shall manufacture, import, sell or offer for sale


or lease any equipment unless the equipment meets such requirements
as may be prescribed in respect of the efficient use of electricity.

Registration of person providing service relating to efficient use of


electricity

23D. No person shall provide any service relating to efficient use of


electricity unless registered under this Act.

PART VI
SUPPLY BY LICENSEE

Duty to supply on request

24. (1) Subject to the following provisions of this Part and any
regulation made thereunder, a licensee shall upon being required to do
so by the owner or occupier of any premises—

(a) give a supply of electricity to those premises; and

(b) so far as may be necessary for that purpose, provide supply


lines or any electrical plant or equipment.

(2) Where any person requires a supply of electricity under


subsection (1) he shall give to the licensee a notice specifying—

(a) the premises in respect of which the supply is required;

(b) the day on which the supply is required to commence;

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


and
Electricity Supply 43

(d) the minimum period for which the supply is required to be


given.

(3) Where a licensee receives from any person a notice under


subsection (2) requiring him to give a supply of electricity to any
premises and—

(a) he has not previously given supply of electricity to those


premises;

(b) the giving of the supply requires the provision of supply


lines or electrical equipment or plant; or

(c) other circumstances exist which make it necessary or


expedient for him to do so,

the licensee shall, as soon as practicable after receiving that notice,


give to the person a notice under subsection (4).

(4) A notice under this subsection shall—

(a) state the extent to which the proposals specified in the notice
under subsection (2) are acceptable to the licensee and
specify any counter proposals made by the licensee;

(b) state whether the prices to be charged by the licensee will be


determined by a tariff under subsection 26(1), or by a special
agreement under subsection 29(1) and specify the tariff or
the proposed terms of the agreement;

(c) specify any payment which the person will be required to


make under subsection 27(1); and

(c) specify any security which the person will be required to give
under section 28.

(5) In this section and in sections 25 to 29 of this Part—

(a) any reference to giving a supply of electricity includes a


reference to continuing to give such a supply;
44 Laws of Malaysia ACT 447

(b) any reference to requiring a supply of electricity includes a


reference to requiring such a supply to continue to be given;
and

(c) any reference to the provision of a supply line or an item of


electrical equipment or plant is a reference to the provision
of such a line or item either by the installation of a new one
or by the modification of an existing one.

(6) Any person who unlawfully—

(a) hinders, prevents or obstructs the supply of electricity from


being given by the licensee to the consumer;

(b) hinders, prevents or obstructs the supply of electricity to any


consumer from being disconnected by the licensee in
accordance with this Act; or

(c) causes the supply of electricity to any consumer to be


disconnected,

commits an offence and shall, on conviction, be liable to a fine not


exceeding one hundred thousand ringgit or to imprisonment for a term
not exceeding three years or to both.

Exceptions to duty to supply electricity

25. Nothing in subsection 24(1) shall be taken as requiring a licensee


to give a supply of electricity to any premises if—

(a) (i) the supply of electricity is already being given to the


premises by another licensee; and

(ii) such supply is given whether wholly or partly through


the licensee's supply lines and electrical equipment or
plant;

(aa) the premises, being a commercial or industrial premises—


Electricity Supply 45

(i) is located on land without the consent of the landowner;

(ii) has not been approved pursuant to or is in contravention


of the Local Government Act 1976 [Act 171] and
Town and Country Planning Act 1976 [Act 172]; or

(iii) is in contravention of any other written law;

(b) he is prevented from doing so by the malfunction or failure


of any electricity supply infrastructure, electrical system,
equipment or installation beyond his control, or as a result
of fire, flood, landslide, explosion, accident, industrial
disturbance on a national level, emergency, riot, civil
disturbance or war, or any other similar event not within the
control of the licensee;

(c) circumstances exist by reason of which his doing so will or


may involve his breach of any regulation under this Act; or

(d) it is not reasonable in all the circumstances for him to be


required to do so:

Provided that this paragraph shall not apply in relation to


a supply of electricity which is being given to any premises
unless the licensee has given to the occupier or to the owner,
if the premises are not occupied, a notice of not less than
seven working days of his intention to discontinue the
supply of electricity.

Power to fix tariffs and charges

26. (1) The Commission may determine tariffs and charges to be


levied, with the approval of the Minister, by a licensee.

(2) The Commission may, from time to time, issue guidelines on


tariffs and charges including—

(a) the methodology, principles, category and design of tariffs


and charges;
46 Laws of Malaysia ACT 447

(b) the duration for the imposition of tariffs and charges and for
the review of the tariffs and charges; and

(c) the submission of any information as the Commission deems


requisite and necessary.

(3) A licensee shall submit a proposal on tariffs and charges to the


Commission in accordance with the guidelines issued by the
Commission under subsection (2).

(4) The approved tariffs and charges shall be published by the


licensee in such manner as in the opinion of the Commission will
secure adequate publicity for it.

(5) The approved tariffs and charges under subsection (1) may
include but not limited to—

(a) a fixed charge in addition to the charge for the actual


electricity supplied;

(b) a charge in respect of the availability of a supply of


electricity and such charge may vary according to the extent
of supply;

(c) a rent or other charge in respect of any electricity meter or


electrical plant or equipment provided by the licensee;

(d) a rate or quantum of discount or premium from the approved


tariff in respect of certain type of consumers or public
purposes as determined by the Minister; and

(e) a rate or quantum of payment, charge or levy of any sum


pursuant to any other written law or any guidelines issued
by the Commission.

(6) In levying tariffs and charges pursuant to subsection (1) and


entering into special agreements under section 29, a licensee shall not
show undue preference or discrimination as among consumers or
persons similarly situated having regard to the place and time of
Electricity Supply 47

supply, the quantity of electricity supplied, the consumer load and


power factor, and the purpose for which the supply is taken.

Licensee may levy surcharge

26A. Notwithstanding any other provisions in this Act, a licensee


may levy a surcharge subject to such conditions and at such rates as
may be prescribed for late payment of monies due from a consumer to
the licensee in respect of the electricity supplied by the licensee.

Power to recover expenses

27. (1) Where any supply line or electrical plant or equipment is


provided by a licensee pursuant to subsection 24(1), the licensee may
require any expenses reasonably incurred as determined by the
Commission to be defrayed by the person requiring the supply of
electricity to such extent as is reasonable having regard to the
circumstances.

(2) The expenses reasonably incurred in providing any supply line


or electrical plant or equipment under subsection (1) include the
capitalized value of any expenses likely to be so incurred in
maintaining it, if such expenses cannot be recovered by the licensee as
part of the tariffs levied by him for the supply.

Power to require security

28. (1) A licensee may require any person who requires a supply of
electricity pursuant to subsection 24(1) to give him reasonable security
for all moneys which may become due to him—

(a) in respect of the electricity supply; or

(b) where any supply line or electrical plant or equipment has to


be provided under the same subsection in respect of the
provision of such facility,
48 Laws of Malaysia ACT 447

and if the person fails to give such security, the licensee may, if he
thinks fit, refuse to give the supply or to provide the supply line or
electrical plant or equipment until the security has been given.

(2) Where the person has not given the security in subsection (1)
or the security given by the person has become insufficient, the
licensee may by notice require the person, within seven days after the
service of the notice, to give him reasonable security for the payment
of all moneys which are due to him in respect of the supply and if the
person fails to give such security, the licensee may, if he thinks fit,
discontinue the supply until security is given.

Return of security with interest

28A. Notwithstanding any other provisions in this Act, a licensee


shall pay to a person subject to such conditions and at such rates as
may be prescribed a sum equivalent to the annual interest on the
security given under section 28.

Supply agreement with consumer

28B. (1) A person who requested for a supply of electricity from a


licensee after the date of coming into operation of this Act shall enter
into an agreement with the licensee for the supply of electricity on such
terms and conditions as may be specified in the agreement before the
electricity is supplied.

(2) An agreement referred to in subsection (1) shall be in the form


and substance as approved by the Commission.

Special agreement with respect to supply

29. (1) Notwithstanding anything contained in sections 24 to 28, a


person or a licensee who requires a supply of electricity pursuant to
Electricity Supply 49

subsection 24(1) may enter into a special agreement with the licensee
for the supply on such terms as may be specified in the agreement.

(2) Where any agreement made pursuant to subsection (1) remains


effective, the rights and liabilities of the parties to the agreement shall
be determined by the agreement and not by the provisions of sections
24 to 28.

(3) Notwithstanding the provisions of subsection (2), subsection


24(2) shall however apply for the purposes of specifying the day on
which the supply of electricity is required to commence and the day on
which such an agreement ceases to be effective.

(4) Any agreement made between licensees under subsection (1)


shall be approved by the Commission.

Determination of dispute

30. (1) A dispute between two or more persons regarding any matter
under sections 9E, 17, 24 to 29 and 32 shall first be attempted to be
resolved by negotiations between the parties to the dispute.

(2) If the parties to a dispute cannot or otherwise fail to reach an


agreement to resolve the dispute, the parties may seek resolution of the
dispute by a committee established by the Commission to hear and
resolve disputes:

Provided that in a case where the Commission thinks fit the dispute
may be determined by arbitration under section 36.

(3) The practice and procedure to be followed in the determination


of any dispute under subsection (2) shall be such as the Commission
may consider appropriate.

(4) Pending the determination of any dispute arising under sections


9E, 17, 24 to 29 and 32 between a licensee and a person requiring a
supply of electricity, the licensee shall continue to give the supply of
electricity until the determination of the dispute.
50 Laws of Malaysia ACT 447

(5) Any order under subsection (2) may include a provision


requiring either party to pay the costs or expenses incurred by the
Commission in determining the dispute.

Notification of dispute and binding decision by the Commission

30A. (1) Any party to a dispute may, in writing, notify the Commission
of the dispute which the parties to the dispute had failed to resolve by
negotiation under subsection 30(1).

(2) The committee established by the Commission under


subsection 30(2) shall only be convened to resolve a dispute if the
Commission is satisfied that—

(a) an agreement to resolve the dispute will not be reached or


will not be reached within a reasonable time; and

(b) the dispute and its notification is not trivial, frivolous or


vexatious.

(3) The committee may resolve the dispute upon such terms and
conditions as it deems fit.

(4) The terms and conditions under subsection (3) shall be in


writing and accompanied by the grounds for the committee’s decision.

(5) The committee’s decision shall be deemed as a decision of the


Commission and be binding on the parties.

(6) A decision made by the Commission under this section may, by


leave of the Sessions Court, be enforced in the same manner as a
judgment or order to the same effect by the Sessions Court, and where
leave is so given, judgment may be entered in terms of the decision of
the Commission and as if the decision was a judgment of such Court.

(7) The judgment under subsection (6) can only be entered if a


certificate has been issued by the Commission to any party for
Electricity Supply 51

leave to proceed to the Court for the enforcement of the decision


but no certificate is required if an action is taken by the
Commission under this section.

Register of decisions

30B. (1) The Commission shall maintain a register of all decisions


made under section 30A.

(2) The register shall contain—

(a) the names of the parties to the dispute;

(b) a general description of the matter pertaining to the decision; and

(c) the date of the decision.

Fixing of maximum prices for reselling electricity


31. (1) This section applies to electricity supplied to premises by a
person who is authorized by a licence to supply electricity.

(2) The Commission may from time to time fix the maximum
prices at which electricity under this section may be resold and may
publish the prices so fixed in such manner as in the opinion of the
Commission will secure adequate publicity for them.

(3) Different prices may be fixed for different cases which may be
determined by reference to the area, tariff or any other relevant factor.

(4) If any person resells electricity at a price exceeding the


maximum price fixed under this section the amount of the excess shall
be recoverable by the person to whom the electricity was resold.

Charge for supply of electricity to be ascertained by appropriate meter

32. (1) Where a consumer, a licensee or a Single Buyer is to be charged


for his supply of electricity whether wholly or partly by reference to the
52 Laws of Malaysia ACT 447

quantity of electricity supplied, the supply shall be given through, and


the quantity of electricity shall be ascertained by, an appropriate meter.

(1A) The meter shall be installed, calibrated, tested, verified and


maintained as may be prescribed or in accordance with any codes or
guidelines issued under this Act, as the case may be.

(2) The meter shall be provided by the licensee supplying


electricity, whether by way of sale, hire or loan.

(3) The meter shall be installed on the consumer's, licensee’s or


Single Buyer’s premises in a position to be determined by the licensee
supplying electricity, unless in certain circumstances it is more
reasonable to place it outside the premises or in some other position.

(4) If the consumer, licensee or Single Buyer refuses or fails to have


his supply of electricity through the appropriate meter provided and
installed in accordance with subsections (2) and (3) the licensee
supplying electricity may refuse to give or may discontinue the supply.

(5) For the purposes of this section a meter is an appropriate meter


for use in connection with any particular supply of electricity if it is of
a pattern of construction which, having regard to the terms on which
the supply is to be charged for, is particularly suitable for such use and
may include a pre-paid meter, metering infrastructure, telemetering or
any other means of metering determined by the Commission.

PART VII
NOTIFICATION OF ACCIDENT OR FIRE

Serious accidents to be reported and investigated by the


Commission

33. (1) Whenever any accident or fire causing or resulting in loss of


life or hurt to any person or serious damage to property has occurred
in connection with any installation or electrical plant or equipment, the
owner, licensee or supply authority and the management thereof shall
Electricity Supply 53

report the accident or fire to the Commission by the quickest means


available, and subsequently with the least possible delay shall report in
writing to the Commission the facts of the matter so far as they are
known to them respectively.

(2) The Commission shall, as soon as practicable upon receipt of


the first report direct an authorized officer to—

(a) visit the place where the accident or fire occurred;

(b) make a preliminary investigation of the circumstances;

(c) record in writing his findings which may be supported by


relevant photographs, upon the investigation;

(d) be provided with photographs, medical reports or other


relevant documents from any person or authority without
any payment of fees and such person or authority shall
comply with such request thereof;

(e) forward his report to the Chief Executive Officer; and

(f) if there has been any loss of life or there is reason to believe
that any person has been fatally injured, send a copy of his
finding to the nearest magistrate.

(3) In the event of loss of life or grievous hurt to any person due to
any accident or fire in connection with any installation or electrical plant
or equipment, no alteration or addition shall, without the consent of the
Commission, be made to any part of the installation, plant or equipment
which may have contributed to cause the accident or fire nor shall any
alteration be made, without that consent, to the site of the accident or
fire until the authorized officer has completed his investigation:

Provided that nothing herein contained shall operate to interfere with


rescue work or work necessary for the general safety of life or property.

(4) If upon a preliminary investigation under subsection (2) it


appears to the authorized officer making the investigation that there is
reason to believe that the accident or fire was due to any failure to
comply with this Act or any lawful order given by the Commission, or
54 Laws of Malaysia ACT 447

if the authorized officer making such investigation is satisfied that the


accident or fire might have been prevented if proper precautions had
been taken and observed in the working of any installation or electrical
plant or equipment, the Commission may further investigate the
circumstances of the accident or fire together with the authorized
officer making the preliminary investigation and if in the opinion of
the Commission that criminal proceedings should lie against any
person, then the Commission shall forward to the Public Prosecutor a
copy of the authorized officer's report with the opinion of the
Commission on the circumstances and findings.

(5) Any person concerned in any investigation held under this


section may be entitled, upon payment of the prescribed fees, to receive
a copy of the report, opinion and statement of the Commission in the
course of its investigations.

(6) Any person who, without lawful excuse, contravenes or fails to


comply with subsections (1) and (3) commits an offence and shall, on
conviction, be liable to a fine not exceeding five thousand ringgit.

PART VIIA
SAFETY OF INSTALLATION AND EQUIPMENT

Responsibilities of licensee for safety

33A. (1) A licensee who operates and maintains any electricity supply
infrastructure shall comply with any regulations made under this Act,
the electrical infrastructure safety code or in the absence of such
regulations or code, with standards and prudent utility practices as may
be determined by the Commission.

(2) A licensee shall prepare a safety management plan dealing with


matters as may be prescribed in the electrical infrastructure safety code
or in the absence of such code, with standards and prudent utility
practices as may be determined by the Commission.
Electricity Supply 55

(3) Any licensee who fails to prepare a safety management plan


referred to in subsection (2) commits an offence and shall, on conviction,
be liable to a fine not exceeding one hundred thousand ringgit or to
imprisonment for a term not exceeding two years or to both.

Responsibilities of non-domestic electrical installation owner or


operator, licensee for retail and licensee for a private installation
for safety

33B. (1) A non-domestic electrical installation owner or operator


registered under this Act, licensee for retail and licensee for a private
installation shall comply with the non-domestic electrical installation
safety code and the safety management programme, or in the absence
of such code or programme, with standards and prudent industry
practices as may be determined by the Commission.

(2) A non-domestic electrical installation owner or operator


registered under this Act, licensee for retail and licensee for a private
installation shall prepare a safety management programme within such
time as may be directed by the Commission.

(3) The safety management programme referred to in subsection


(2) shall provide for matters as may be prescribed in the non-domestic
electrical installation safety code, or in the absence of such code, with
standards and prudent industry practices as may be determined by the
Commission.

(4) A non-domestic electrical installation owner or operator


registered under this Act, licensee for retail and licensee for a private
installation who fails to prepare the safety management programme
referred to in subsection (2) commits an offence and shall, on conviction,
be liable to a fine not exceeding one hundred thousand ringgit or to
imprisonment for a term not exceeding two years or to both.

Undertaking electrical work

33C. (1) A competent person or a person under the control of a


competent person who undertakes to carry out electrical work shall
56 Laws of Malaysia ACT 447

ensure that such electrical work complies with any regulations made
under this Act, the electrical infrastructure safety code or non-domestic
electrical installation safety code, as the case may be, or in the absence
of such regulations or codes, with standards and prudent industry
practices as may be determined by the Commission.

(2) The person undertaking electrical work under subsection (1)


shall ensure that such work shall not cause electricity related injury to
any person or damage to any property.

Responsibilities relating to non-electrical work

33D. (1) Any person who undertakes any construction, building,


renovation or work other than electrical work in the vicinity of
electrical installation shall ensure that the work shall not cause
interference with the supply of electricity or electricity related injury
to any person or damage to any property.

(2) Any person who contravenes subsection (1) commits an


offence and shall, on conviction, be liable to a fine not exceeding
twenty-five thousand ringgit and, in the case of a continuing offence,
to a fine not exceeding five hundred ringgit for every day or part of a
day during which the offence continues after conviction.

Compliance inspection

33E. (1) The Commission may, inspect or cause to be inspected an


electricity supply infrastructure, non-domestic electrical installation or
the place of business or any activities of a registered manufacturer or
importer or of a registered conformity assessment body or a registered
training and examination center or institution to ensure the licensee,
licensee for retail and licensee for a private installation, non-domestic
electrical installation owner or operator, registered manufacturer or
importer, registered conformity assessment body or registered training
and examination center or institution, as the case may be, is in
compliance with this Act, any regulations made under this Act,
Electricity Supply 57

guidelines, codes or directions issued by the Commission under this


Act, the safety management plan and safety management programme,
as the case may be.

(2) The Commission may inspect or cause to be inspected any


equipment in any premises, building, facility including temporary
facility and vehicle that is used for the sale or offer for sale by way of
retail to ascertain if such equipment conforms to the standards as may
be determined by the Commission.

Interpretation

33F. For the purposes of this Part—

“electrical infrastructure safety code” means a code developed,


issued and registered by the Commission under section 50A on safety
requirements, appropriate safety and technical standards, operation,
maintenance and protection of the electrical system and other related
matters for electricity supply infrastructure;

“non-domestic electrical installation safety code” means a code


developed, issued and registered by the Commission under section
50A on safety requirements, appropriate safety and technical standards,
operation, maintenance and protection of the electrical system and
other related matters for non-domestic electrical installation;

“safety management plan” means the safety, reliability, maintenance


and technical management plan in respect of electricity supply
infrastructure;

“licensee” does not include licensee for retail and a licensee for a
private installation;

“non-domestic electrical installation owner or operator” means a


person who owns, uses, works or operates a non-domestic electrical
installation;

“non-domestic electrical installation” means a set of wires and


associated fittings, equipment and accessories that is installed in a
58 Laws of Malaysia ACT 447

place for the conveyance, control or use of electricity that is, or is to


be, or has been, supplied for consumption in the place, but does not
include—

(a) any electricity supply infrastructure owned or operated by a


licensee;

(b) any wires, fittings, equipment or accessories connected to


and beyond any electrical outlet at which fixed wiring
terminates, other than any such outlet used to connect
sections of fixed wiring; or

(c) private dwelling premises;

“safety management programme” means the safety, reliability,


maintenance and technical management programme in respect of non-
domestic electrical installation.

PART VIII
ENQUIRY AND ARBITRATION

Procedure in relation to enquiry and arbitration

34. (1) In the event of any difference of opinion between a licensee


and an authorized officer or between the management or owner of any
installation or equipment and an authorized officer regarding any
matter affecting the construction, erection, maintenance or operation
of any installation or equipment, the matter shall be referred to and
decided by the Commission.

(2) Any person who feels aggrieved by a decision of the


Commission under subsection (1) may apply to the Minister for
re-consideration of the matter in dispute. The application shall be
made in writing within twenty-one days from the date of the
decision of the Commission, or within such further period as the
Minister may in special circumstances allow, and shall contain
the grounds of grievance.
Electricity Supply 59

(3) On receipt of the application, the Minister shall appoint a person


as his representative to lead and hold the enquiry into the matter together
with two other persons to be nominated by the Minister as assessors. The
assessors shall be persons possessing electrical or other special skill and
experience drawn from persons not in the service of the Commission.

(4) All questions in the enquiry shall be determined by a majority


of the members holding the enquiry.

(5) (a) At the conclusion of the enquiry the person appointed by the
Minister under subsection (3) shall forward to the Minister a summary
of the evidence together with the decision arrived at, and the Minister
shall accept the decision as final and shall inform all persons concerned.

(b) Any person concerned with the matter referred to the Minister
under subsection (2) shall be entitled, upon payment of the prescribed
fees, to a copy of the summary of evidence and the decision referred to
in paragraph (a).

(6) Persons nominated by the Minister to serve as assessors shall be


entitled to receive such remuneration as may, from time to time, be
prescribed by the Minister.

Power of holding enquiry

35. For the purpose of holding enquiries under this Act, the
Commission or the person appointed by the Minister under subsection
34(3), as the case may be, shall have power to administer oaths and
affirmations and shall be vested with the powers of a first class
magistrate for compelling the attendance of witnesses, maintaining
order or otherwise duly conducting the said enquiries. Persons
summoned to attend any such enquiry shall be legally bound to attend.

Arbitration

36. (1) Where any matter is deemed fit by the Commission under
section 30 or required to be determined by arbitration under this Act,
the same shall be determined by a board comprising one or three
60 Laws of Malaysia ACT 447

arbitrators chosen by the parties or, if they are unable to agree, by the
Chief Judge.

(2) Each party shall have power to appoint an assessor to sit with the
arbitrator, but the arbitrator alone shall have power to decide and make
an award. Where more than one arbitrator is appointed, a majority of
them may decide and make an award.

(3) The arbitration shall take place at such place within Malaysia as
the arbitrator shall decide, and shall, subject to this section, be
governed by the Arbitration Act 2005 [Act 646].

(4) The remuneration of an arbitrator appointed by the Chief Judge


in accordance with this section shall be fixed by the Chief Judge and
the remuneration of an arbitrator chosen by the parties shall be fixed
by them. The costs of reference and the award shall be paid by the
parties in such proportion as the arbitrator may decide:

Provided that the remuneration and the allowances of an assessor


shall be paid by the party against whom the award is made.

PART IX
OFFENCES AND PENALTY

Offences

37. (1) Any person who tampers with or adjusts any installation
or part thereof or manufactures or imports or sells any equipment
so as to cause or to be likely to cause danger to human life or limb or
injury to any equipment or other property commits an offence and for
each such offence shall, on conviction, be liable to a fine not exceeding
one million ringgit or to imprisonment for a term not exceeding ten
years or to both.

(2) Any person who by any rash or negligent act or omission causes
damage to any person or property in respect of any installation or
equipment or part thereof commits an offence and shall, on conviction,
Electricity Supply 61

be liable to a fine not exceeding one hundred thousand ringgit or to


imprisonment for a term not exceeding five years or to both.

(3) Any person who in any manner dishonestly—

(a) abstracts electricity;


(b) consumes electricity;
(c) uses electricity;
(d) alters the index of any meter or other instrument used on or
in connection with any installation of any supply authority
or any licensed installation for recording the output or
consumption of electricity; or
(e) prevents any such meter or instrument from duly recording
the output or consumption of electricity,

commits an offence and shall, on conviction—

(A) be liable:

(i) in the case of a domestic consumer, to a fine of not


less than one thousand ringgit and not exceeding
fifty thousand ringgit or to imprisonment for a term
not exceeding one year or to both; and

(ii) in the case of a non-domestic consumer, to a fine of


not less than twenty thousand ringgit and not
exceeding one million ringgit or to imprisonment
for a term not exceeding five years or to both; and

(B) be liable for the second and subsequent offence:

(i) in the case of a domestic consumer, to a fine of not


less than five thousand ringgit, and not exceeding
one hundred thousand ringgit or to imprisonment
for a term not exceeding three years or to both; and

(ii) in the case of a non-domestic consumer, to a fine of


not less than one hundred thousand ringgit and not
62 Laws of Malaysia ACT 447

exceeding five million ringgit or to imprisonment


for a term not exceeding ten years or to both.

(4) Any person who, in contravention of section 9, uses, works or


operates, or permits to be used, worked or operated any installation
commits an offence and shall, on conviction, be liable to a fine not
exceeding fifty thousand ringgit and to a further fine not exceeding one
thousand ringgit for every day or part of a day during which the offence
continues after conviction.

(5) Any person who, in contravention of section 9, supplies


electricity from an installation to or for the use of any person commits
an offence and shall, on conviction, be liable to a fine not exceeding
one hundred thousand ringgit, and to a further fine not exceeding one
thousand ringgit for every day or part of a day during which the offence
continues after conviction.

(6) Any licensee who without the express authority from the
Commission supplies electricity or lays down any supply line or
constructs any electrical work outside the area of supply specified in
his licence commits an offence and shall, on conviction, be liable to a
fine not exceeding five thousand ringgit, and any such unauthorized
line or work may, after conviction, be removed by order of the
Commission, and if such order is not complied with, the reasonable
costs of such removal may be recovered from the licensee.

(7) Any licensee who without lawful excuse fails to comply with
any term or condition expressed in the licence commits an offence and
shall, on conviction, be liable to a fine not exceeding ten thousand
ringgit and, to a further fine not exceeding one thousand ringgit for
every day or part of a day during which the offence continues after
conviction.

(8) Any person who fails or neglects to register any installation


under section 21 commits an offence and shall, on conviction, be liable
to a fine not exceeding twenty-five thousand ringgit and a further fine
not exceeding one thousand ringgit for every day or part of a day
during which the offence continues after conviction.
Electricity Supply 63

(9) Any person who, without due authority, extinguishes or


damages any public lamp or damages or defaces any post, bracket or
other means of support of a public lamp commits an offence and shall,
on conviction, be liable to a fine not exceeding five thousand ringgit
or to imprisonment for a term not exceeding one year or to both.

(10) Any person who without lawful consent of the supply


authority or the licensee, as the case may be, affixes or causes to be
affixed any advertisement, bill or notice or any paper against or upon,
or otherwise defaces any building, post or bracket or other equipment
or the enclosure thereof used for or in connection with any public
installation commits an offence and shall, on conviction, be liable to a
fine not exceeding twenty-five thousand ringgit.

(11) Any person who wilfully or negligently—

(a) causes electricity to be diverted from its proper course to be


wasted; or

(b) breaks, throws down, causes to fall or damages any supply


line, post, pole, or other equipment, installation or any part
thereof, as the case may be, connected with the supply of
electricity,

commits an offence and shall, on conviction, be liable to a fine not


exceeding fifty thousand ringgit or to imprisonment for a term not
exceeding three years or to both.

(12) (a) No person shall without the lawful authority of the supply
authority or the licensee, as the case may be, undertake any work or
engage in any activity in the vicinity of any electrical installation or
part thereof as may be prescribed, in a manner likely to interfere with
any electrical installation or to cause danger to any person or property.

(b) Any person who contravenes this section commits an offence


and shall, on conviction, be liable to a fine not exceeding fifty thousand
ringgit or to imprisonment for a term not exceeding two years or to
both.
64 Laws of Malaysia ACT 447

(13) (a) No person shall install any electrical wiring or extension to


existing wiring on any premises without first obtaining the approval in
writing from a supply authority or licensee.

(b) Any person who contravenes this section commits an offence


and shall, on conviction, be liable to a fine not exceeding ten thousand
ringgit or to imprisonment for a term not exceeding two years or to
both.

(14) Any person who damages or removes any meter or other


instrument used on or in connection with any licensed installation, for
recording the output or consumption of electricity commits an offence
and shall, on conviction, be liable to a fine not exceeding fifty thousand
ringgit or to imprisonment for a term not exceeding two years or to
both.

(15) Any person—

(a) found guilty of any offence against this Act for which no
penalty is expressly provided shall, on conviction, be liable
to a fine not exceeding twenty five thousand ringgit and, in
the case of a continuing offence, to a fine not exceeding five
hundred ringgit for every day or part of a day during which
the offence continues after conviction;

(b) who by any act or omission contravenes any provision under


this Act commits an offence and if no penalty is expressly
provided shall, on conviction, be liable to a fine not
exceeding fifty thousand ringgit and, in the case of a
continuing offence, to a fine not exceeding five hundred
ringgit for every day or part of a day during which the
offence continues after conviction.

(16) For the purposes of subsection (3)—

“domestic installation” means an installation in a private dwelling


which is not used in any hotel or boarding house or for the purpose of
carrying out any business, trade, profession or service;
Electricity Supply 65

“non-domestic consumer” means a consumer of electricity other than


domestic consumer;

“domestic consumer” means a consumer in domestic installation


supplied or connected with electricity.

Offence committed by body corporate

37A. (1) Where an offence against this Act or its subsidiary legislation
has been committed by a body corporate, any person who at the time
of the commission of the offence was a director, chief executive
officer, chief operating officer, manager, secretary or other similar
officer of the body corporate or was purporting to act in such capacity
or was in any manner or to any extent responsible for the management
of any of the affairs of the body corporate or was assisting in such
management—

(a) may be charged severally or jointly in the same proceedings


with the body corporate; and

(b) if the body corporate is found guilty of the offence, shall be


deemed to be guilty of that offence unless having regard to
the nature of his functions in that capacity and to all
circumstances, he proves—

(i) that the offence was committed without his


knowledge, consent or connivance; and

(ii) that he had taken all reasonable precautions and


exercised due diligence to prevent the commission of
the offence.

(2) If any person would be liable under this Act or any regulations
made under this Act to any punishment or penalty for his act, omission,
neglect or default he shall be liable to the same punishment or penalty
for every such act, omission, neglect or default of any employee,
servant or agent of his, or of the employee or servant of such agent if
the act, omission, neglect or default was committed—
66 Laws of Malaysia ACT 447

(a) by that person’s employee or servant in the course of his


employment;

(b) by the agent when acting on behalf of that person; or

(c) by the employee or servant of the agent in the course of his


employment by the agent or otherwise on behalf of the agent
acting on behalf of that person.

Offence of attempt and abetment

37B. Where any person—

(a) aids, abets, assists, incites or induces any other person to


make or makes on behalf of another person an incorrect
return, account, statement or declaration or to commit any
offence punishable under this Act; or

(b) attempts to make or to make on behalf of another person an


incorrect return, account, statement or declaration or to
commit any offence punishable under this Act,

that person commits an offence and shall, on conviction, be punishable


with the punishment provided for such offence under this Act provided
that any term of imprisonment imposed shall not exceed one-half of
the longest term provided for the offence.

Disconnection of supply of electricity

38. (1) Where any person employed by a licensee finds upon any
premises evidence which gives reasonable grounds for him to believe
that an offence has been committed under subsection 37(1), (3) or (14),
the licensee or any person duly authorized by the licensee shall within
three working days from the date of such finding inform the
Commission in writing, and the licensee may, upon giving not less than
forty eight hours’ notice from the same date in such form as may be
Electricity Supply 67

prescribed, cause the supply of electricity to be disconnected from the


said premises.

(1A) Notwithstanding any other provisions in this Act, where a police


officer not below the rank of Assistant Superintendent applies to a
supply authority or a licensee for the disconnection of the supply of
electricity to any premises for a period not exceeding one calendar
month under section 21A of the Common Gaming Houses Act 1953
[Act 289], the supply authority or the licensee or any person authorized
by the supply authority or the licensee shall immediately disconnect or
cause the supply of electricity to be disconnected from those premises.

(1B) Upon receiving such information under subsection (1), the


Commission may verify the matter and in cases where it finds that no
offence has been committed, the supply of electricity shall be
reconnected immediately.

(2) If the supply of electricity has been disconnected under


subsection (1), it shall not be reconnected until the licensee at his
discretion gives permission for reconnection.

Provided that the period of disconnection shall not exceed three


months.

(2A) Notwithstanding subsection (2), if the supply of electricity has


been disconnected under subsection (1A), it shall not be reconnected
without the written permission of a police officer not below the rank
of Assistant Superintendent.

(3) The licensee may require the consumer to pay him for the loss of
revenue due to the offence committed under subsections 37(1), (3) and
(14) and any reasonable expenses directly incurred by the licensee
under this section including expenses incurred in respect of
reconnection of electricity in the manner as have been directed by the
Commission:

Provided that and subject to subsection (4), if the licensee does not
proceed with a claim for such loss of revenue and expenses in court,
the licensee may only claim against the consumer for the said loss of
revenue and expenses for a period not exceeding six months
68 Laws of Malaysia ACT 447

retrospectively from the date the offence was discovered under


subsection (1).

(4) A written statement by an employee of the licensee duly


certified by the licensee or any person authorized by the licensee
specifying—

(a) the amount of loss of revenue or the reasonable expenses


incurred by the licensee;

(aa) the manner of calculation of the loss of revenue and items of


expenses; and

(b) the person liable for the payment thereof,

shall be prima facie evidence of the payment that has to be made by


the consumer under subsection (3) and such written statement shall be
notified to the consumer within fourteen working days or any period
as extended with the written approval of the Commission after the
disconnection.

(5) The amount stated in the written statement under subsection


(4) shall, within the period specified in the statement, be due and
payable to the licensee and in default of payment such amount shall be
recoverable by civil action in a court.

Liabilities unaffected

39. Except as provided in sections 17 and 20, nothing contained in


this Act shall operate to relieve any licensee or management from any
civil or criminal liability arising under this Act.

Onus of proof

40. In any prosecution for an offence under subsection 37(3) proof


of—
Electricity Supply 69

(a) the existence of artificial means which, either alone or in


conjunction with additional artificial means not found, could
be used for altering, or facilitating the alteration, of the index
of any meter or instrument used for registering the quantity
of electricity supplied;

(b) the existence of artificial means which, either alone or in


conjunction with additional artificial means not found,
would prevent, or facilitate the prevention of, any meter or
instrument from duly registering the quantity of electricity
supplied, or would facilitate the dishonest abstraction,
consumption, or use of electricity; or

(c) (i) the fitting of any mechanical or other means to;

(ii) the absence or removal of any part or connection from;


or

(iii) the interference with any part or connection of,

any apparatus in the circumstances that the fitting, absence,


removal or interference would prevent or facilitate the
prevention of any meter or other instrument from duly
registering the quantity of electricity supplied, or would
facilitate the dishonest abstraction, consumption or use of
electricity,

shall be prima facie evidence that there has been dishonest alteration
of the index of any meter or instrument, or prevention, abstraction,
consumption or use of electricity, as the case may be; and

(A) that the dishonest alteration, prevention, abstraction,


consumption or use, as the case may be, has been carried out
by—

(a) the person fitting the artificial, mechanical or any other


such part or connection as aforesaid;

(b) the person removing any such part or connection as


aforesaid;
70 Laws of Malaysia ACT 447

(c) the person interfering with any such part or connection


as aforesaid;

(d) the consumer using the meter or instrument;

(e) the person having control of the installation where it is


fixed; or

(f) the occupiers of the premises on which the meter or


instrument is installed; or

(B) that the person or consumer has abetted the offence of the
alteration, prevention, abstraction, consumption or use, as
the case may be.

Compensation for damage

41. (1) Any person who removes, destroys or damages whether


wilfully or otherwise, any installation or any part thereof, or any public
lamp or any post, bracket or other means of support of a public lamp,
or any instrument used in connection with any installation for
recording the output or consumption of electricity, shall, in addition to
any penalty to which he may be liable under this Act, be liable to pay
full compensation for the damage he has done and the compensation
shall be recoverable by civil action or suit before any court.

(2) Without prejudice to subsection (1), any court before which a


person is charged with an offence under this Act may assess the
compensation payable under this section and may make an order for
the payment of the same. Any such order may be enforced as if it were
a judgment in a civil action or suit.

Prosecution

42. No prosecution shall be instituted for an offence under this Act


or any regulations made under this Act except by or with the consent
in writing of the Public Prosecutor.
Electricity Supply 71

Compounding

43. (1) The Minister may, with the approval of the Public Prosecutor,
make regulations prescribing—

(a) any offence under this Act or its subsidiary legislation as an


offence which may be compounded;

(b) criteria for compounding such offence; and

(c) method and procedure for compounding such offence.

(2) The Commission may, with the consent in writing of the Public
Prosecutor, at any time before a charge is being instituted compound
any of the offences prescribed in the regulations as an offence which
may be compounded by making a written offer to the person
reasonably suspected of having committed the offence to compound
the offence upon payment to the Commission of a sum of money not
exceeding fifty per centum of the amount of maximum fine to which
the person would have been liable to if he had been convicted of the
offence, within such time as may be specified in his written offer.

(3) An offer under subsection (2) may be made at any time after the
offence has been committed but before any prosecution for it has been
instituted, and where the amount specified in the offer is not paid
within the time specified in the offer, or such extended time as the
Commission may grant, prosecution for the offence may be instituted
at any time after that against the person to whom the offer was made.

(4) Where an offence has been compounded under subsection (2),


no prosecution shall be instituted in respect of the offence against the
person to whom the offer to compound was made, and any document
or thing seized in connection with the offence may be released by the
Commission, subject to such terms and conditions as it thinks fit.

(5) All sums of moneys received by the Commission under this


section shall be paid into and form part of the Federal Consolidated
Fund.
72 Laws of Malaysia ACT 447

Reward for information

44. In the case of a conviction involving a fine the court imposing


the fine may, on the application of the officer conducting the
prosecution, direct the payment of any part of the fine but not
exceeding one half of such fine in such proportion as the court deems
fit to the person who gave the information leading to the conviction.

Use of supply line, etc., for purposes of communications under the


Communications and Multimedia Act 1998

44A. (1) Notwithstanding any other provisions of this Act and subject
to the provisions of this section and to any terms and conditions as may
be prescribed, any supply line, part of an electricity supply
infrastructure, installation, plant or equipment may be used for the
purposes of communications under the Communications and
Multimedia Act 1998.

(2) For the purposes of subsection (1), the Commission may issue
codes, guidelines or directions.

(3) Prior to and during the operation of communications, as the case


may be, the licensee, non-domestic electrical installation owner or
operator, electricity consumer and the person licensed under the
Communications and Multimedia Act 1998 shall comply with such
regulations, codes, guidelines and directions referred to in subsections
(1) and (2).

(4) The licensee, non-domestic electrical installation owner or


operator and the person licensed under the Communications and
Multimedia Act 1998 shall be responsible in ensuring that the
provision or operation of the communications, as the case may be, is
in compliance with the Act.

(5) Any owner or occupier of an electrical installation in a dwelling


premises or electricity consumer may choose to be a customer or
otherwise of communication service provided by a person licensed
Electricity Supply 73

under the Communications and Multimedia Act 1998 who shall obtain
the express consent of such owner or occupier or consumer before
providing the communication service.

(6) Notwithstanding any provisions of the Communications and


Multimedia Act 1998, any licensee or person licensed under the
Communications and Multimedia Act 1998 who fails to comply with
this section commits an offence.

PART IXA
ELECTRICITY INDUSTRY FUND

Contribution by licensee

44B. (1) A licensee shall, if required by the Minister under any


regulations made under this Act or by order published in the Gazette
pursuant to the recommendation made by the Commission, allocate
and pay into the Electricity Industry Fund, in such manner and at such
rates as may be prescribed in such regulations or order.

(2) Upon the recommendation of the Commission, the Minister may


suspend or revoke such requirement made under subsection (1).

Electricity Industry Fund

44C. (1) A fund to be known as the “Electricity Industry Fund” is


established and shall be administered and controlled by the
Commission.

(2) The Electricity Industry Fund shall consist of—

(a) such sums allocated and paid by a licensee pursuant to


section 44B;

(b) such sums as may be provided by the Parliament for the


purposes of the Electricity Industry Fund from time to time;
74 Laws of Malaysia ACT 447

(c) all moneys derived as income from investments made from


the Electricity Industry Fund, including interest income; and

(d) all other moneys lawfully received by the Commission on


behalf of the Electricity Industry Fund.

(3) The Electricity Industry Fund shall be expended for the


following purposes:

(a) to manage the impact of electricity tariff on consumers; or

(b) such other purposes pertaining to the electricity industry as


deemed necessary by the Commission.

Investment

44D. (1) The moneys in the Electricity Industry Fund shall, in so far
as they are not required or immediately required to be expended by the
Commission for the purposes of subsection 44C(3), be invested in such
manner as the Minister may, with the concurrence of the Minister of
Finance, approve.

(2) The Commission shall open and maintain an account or


accounts to hold moneys in the Electricity Industry Fund with such
bank or banks in Malaysia as it thinks fit, after consulting the Minister
and the Minister of Finance, and every such account shall be operated
upon in such manner as may be authorized by the Commission for such
purpose from time to time.

Accounts

44E. (1) The Commission shall cause proper accounts of the


Electricity Industry Fund and proper reports of its activities in respect
of the Fund to be kept and shall, as soon as practicable after the end of
the financial year of the Commission, cause to be prepared for that
financial year—
Electricity Supply 75

(a) a statement of accounts which shall include a balance sheet


and an account of the contributions and expenditure; and

(b) a statement of its activities.

(2) The Commission shall as soon as practicable send a copy of the


statement of accounts certified by the auditors and a copy of the
auditor’s report to the Minister who shall cause them to be laid before
both Houses of Parliament.

PART X
GENERAL

Precautions in execution of work

45. (1) The execution of all work in connection with the generation
or supply of electricity which may affect any street, railway, tramway,
river, canal or other waterway or any system of irrigation, drainage or
water supply or any communications, harbour works or other public or
private works, and the erection of any supply line crossing, whether
overhead or underground, shall be carried out in the prescribed manner
and without prejudice to public or private safety.

(2) Any person who contravenes or fails to comply with this section
commits an offence under this Act.

Audit of licensees and non-domestic electrical installations owners


or operators

45A. (1) The Commission may conduct an audit at any time or at such
intervals as determined by it require a licensee or non-domestic
electrical installation owner or operator to appoint at their own cost an
independent expert to audit on any matter under Part IV and safety of
installations and equipment under Part VIIA of this Act or any
information which a licensee or non-domestic electrical installation
owner or operator furnishes to the Commission.
76 Laws of Malaysia ACT 447

(2) The audit shall be conducted in accordance with any codes,


guidelines or directions issued by the Commission under this Act.

(3) The Commission may determine the class or category of


licensee or non-domestic electrical installation owner or operator that
are to be subject to an audit.

(4) The licensee or non-domestic electrical installation owner or


operator shall establish to the satisfaction of the Commission that such
independent expert referred to in subsection (1) has the necessary
qualification and competence.

(5) The licensee or non-domestic electrical installation owner or


operator shall forward a copy of a report of such audit to the
Commission within the time as specified by the Commission.

(6) A licensee or non-domestic electrical installation owner or


operator who—

(a) fails to furnish any information as may be required by the


Commission under section 52B;

(b) intentionally alters, suppresses or destroys any document or


information which he has been required by written notice to
produce; or

(c) refuses to assist or facilitate, or obstructs the Commission,


its authorized officers or appointed consultants in
conducting an audit under this section,

commits an offence.

Determination of standards of installation or equipment

45B. The Commission may determine the standards applicable to any


installation or equipment and such standards as may be prescribed in
the regulations, codes or guidelines made or issued under this Act.
Electricity Supply 77

Keeping of records and documents

45C. A licensee, non-domestic electrical installation owner or


operator, registered manufacturer or importer, registered private
wiring unit, registered electrical services contractor, registered
electrical sign contractor, registered switch board manufacturer,
registered electrical contractor, registered training and examination
center or institution and registered conformity assessment body shall
keep records and documents in respect of matters and for a period of
time as may be prescribed.

Electrical interference with Government signalling lines

46. (1) If the Commission is satisfied that the working or operation


of any installation, metering infrastructure, telemetering, application
of communications over supply lines, causes electrical interference
with any communications or other electrical signalling process or
circuit owned or operated by or on behalf of the Federal Government
or any State Government, or any supply authority, the Commission
shall call upon the owner or licensee to abate the interference, and if,
within a period of fourteen days or such longer period as the
Commission considers reasonable in any particular circumstances, the
interference has not been effectually abated the Commission shall
report the matter to the Minister who may in his discretion—

(a) in the case of a licensed installation, order the suspension of


the licence;

(b) in the case of an unlicensed installation, by order, prohibit


the working or operation thereof; or
(c) in the case of any other installation, by order, prohibit the
working or operation of such part thereof which causes the
electrical interference,

until arrangements have been made to the satisfaction of the


Commission for preventing the recurrence of such electrical
interference as aforesaid, and if, in the case of a licensed installation,
no such arrangements have been made, then the Minister may order
that the licence for the said installation be revoked absolutely.
78 Laws of Malaysia ACT 447

(2) For any loss caused to a licensee by the suspension or


revocation of a licence under this section the licensee may claim
compensation from the Federal Government, State Government or any
supply authority, as the case may be:

Provided that no claim shall be allowed and no compensation shall


be paid where the electrical interference referred to in subsection (1)
has been caused by an installation which does not comply with any
regulation for regulating electrical interference made under any written
law relating to telegraphs for the time being in force.

(3) If the claim be allowed, the compensation shall, unless settled


by mutual agreement of the Federal Government, State Government or
the supply authority, as the case may be, and the licensee, be
determined by arbitration.

Precautions against atmospheric electricity

47. Any department of the Federal Government or any State


Government or any other consumer taking or using electricity from any
installation shall, if the Commission so requires, provide such means
for obviating any risk of damage to such installation by atmospheric
electricity as may be directed by the Commission or as may be
prescribed by regulations under this Act.

Restriction of connection with the earth

48. (1) No person shall, in the generation, transmission, supply or


use of electricity, permit any part of his supply lines to be connected
with the earth except as may be prescribed by regulations under this
Act, provided in the relevant codes issued under this Act or be
expressly permitted by the Commission.

(2) In the event of any breach of subsection (1), the Commission


may by written order require the licensee or owner to remove the
connection and may prohibit the use of any supply line or works or
Electricity Supply 79

installation until the order is complied with, and every such order shall
be complied with by the person concerned.

Procedure in case of dangerous defect in installation or part


thereof

49. (1) In the event of the Commission finding that there is in any
installation or part thereof any defect which in the opinion of the
Commission is likely to cause danger the Commission may, by notice
in writing served upon the licensee or owner thereof, or if such licensee
or owner cannot be found, posted at the place where the installation is
located, require the defect to be made good or removed within such
period as may be specified in the notice, and in such case the
installation or part thereof shall not be operated or used after the
expiration of the period specified unless the defect has been made good
or removed to the satisfaction of the Commission:

Provided that, if the Commission is of the opinion, that the defect is


likely to cause immediate danger, the Commission may, by notice
posted or served as aforesaid, forthwith suspend the operation and use
of the installation, and if necessary seal the installation or part thereof
until the defect is made good or removed. The installation or part
thereof shall not be operated or used so long as the notice of suspension
remains unrevoked and the seal is not removed by authorized officer.

(2) Every licensee and every management and person in charge of


any installation upon being aware of any defect therein which is likely
to cause danger shall forthwith make good or remove the defects, and
every consumer upon being aware of any defect in any equipment
which is likely to cause danger shall forthwith make good or remove
the defect, or make a report thereof to the Commission.

(3) If in the opinion of the Commission any defect in an installation


in respect whereof a licence is in force is of a nature that it cannot be
made good or removed, the Commission shall hold an enquiry and, if
the Commission considers it necessary so to do, shall cancel the
licence.
80 Laws of Malaysia ACT 447

(4) The licensee or owner shall not be entitled to compensation for


any loss caused to the licensee or owner by the suspension of operation
and use of, and the sealing of any installation or part thereof or by the
suspension or cancellation of a licence under this section.

(5) Any person who contravenes or fails to comply with subsections


(1) and (2) commits an offence under this Act.

Prohibition of employment of children

50. (1) No licensee or management shall employ or permit to be


employed any person under the age of sixteen years in any service
involving management of or attendance on or proximity to live
equipment not effectively insulated.

(2) Any person who contravenes this section commits an offence


and shall, on conviction, be liable to a fine not exceeding five thousand
ringgit.

Development of codes by the Commission and compliance of the


codes

50A. (1) The Commission may, with the approval of the Minister,
develop and issue codes relating to the generation, transmission,
distribution, supply and use of electricity and for electrical safety.

(2) The Commission may develop and issue such additional codes
as it deems fit and expedient or as the Minister may from time to time
direct, as the case may be.

(3) All codes developed and issued pursuant to this section shall
only be effective upon registration by the Commission.

(4) All licensees, non-domestic electrical installation owners or


operators shall comply with the codes.
Electricity Supply 81

(5) Unless otherwise determined by the Commission, in ensuring


reliability, safety and security of the electricity networks, the codes
issued under this section shall take precedence over any agreement that
may exist between the parties mentioned in subsection (4).

Retention of documents by Commission

50B. (1) Any licensee, non-domestic electrical installation owner or


operator upon being directed by the Commission shall furnish
document to the Commission failing which the Commission may take
possession of the document.

(2) Any document furnished to or taken by the Commission under


subsection (1) may be retained as long as necessary by the
Commission.

(3) The person otherwise entitled to possession of the document is


entitled to be supplied, as soon as practicable, with a copy certified by
the Commission to be a true copy.

(4) Until a certified copy is supplied, the Commission may, at such


times and places as the Commission thinks appropriate, permit the
person otherwise entitled to possession of the document or a person
authorized by that person, to inspect and make copies of or take
extracts from the document.

(5) If the Commission is satisfied that the retaining of the


documents is no longer necessary, the Commission may as soon as
practicable return the documents to the person who provided the
documents under subsection (1).

Guidelines or directions by Commission

50C. (1) The Commission may, from time to time, issue guidelines or
directions on any matter as provided under this Act to any licensee,
non-domestic electrical installation owner or operator, registered
manufacturer or importer, competent person or any person.
82 Laws of Malaysia ACT 447

(2) The Commission may, from time to time, issue any direction in
writing to any licensee, non-domestic electrical installation owner or
operator, registered manufacturer or importer, competent person or any
person on the compliance or non-compliance of the Act or any
regulations made under this Act, conditions of licences, including the
remedying of a breach of a license condition or on any other matter
requiring the making of a direction or specifically to be made the
subject of a direction under this Act in accordance with such
procedures as may be prescribed.

(3) The guidelines or directions issued by the Commission under


this section shall be registered and shall be effective from the date of
such registration or such later date as the Commission may specify in
the guidelines or directions.

(4) A licensee, non-domestic electrical installation owner or


operator, registered manufacturer or importer, competent person or any
person shall comply with the guidelines and directions.

Variation, review or revocation of codes, guidelines or directions


by the Commission

50D. (1) The Commission may vary, review or revoke any codes,
guidelines or directions issued under this Act.

(2) The procedures set out in subsections 50C(3) and (4) shall apply
in respect of any variation, review or revocation of the codes,
guidelines or directions.

Offence for non-compliance with codes, guidelines or directions of


the Commission

50E. A person who fails to comply with any codes, guidelines or


directions of the Commission issued under this Act commits an offence
and shall, on conviction, be liable to a fine not exceeding two hundred
Electricity Supply 83

thousand ringgit or to imprisonment for a term not exceeding two years


or to both.

Register of codes, guidelines or directions

50F. The Commission shall maintain a register of all codes, guidelines


or directions issued by the Commission under this Act, including any
variation, review or revocation of the codes, guidelines or directions.

Special powers of emergency

51. (1) The Yang di-Pertuan Agong may on the occurrence of any
industrial unrest, strike, lock-out or any other event which gives rise to
an emergency or in the interest of public safety, authorize the
Commission to—

(a) suspend the licence of any licensee, take temporary


possession of any installation of such licensee and operate it
in such manner as the Commission deems fit; or

(b) withdraw either partially or totally the use of any installation


or facility from any person or class of persons or from the
public at large.

(2) If any doubt arises as to the existence of an emergency or


whether any act done under subsection (1) was in the interest of public
safety, a certificate signed by the Yang di-Pertuan Agong and exhibited
at such places as the Minister deems fit shall be conclusive proof on
the point.

Power to declare sources of water

52. (1) The State Authority in any State, may, at the request of the
Commission on behalf of any licensee, by order declare any lake, river
or waterway or any part thereof to be a source of water for the purposes
of the licensee as stipulated in the terms and conditions of his licence
84 Laws of Malaysia ACT 447

and, in making the declaration, the State Authority may impose such
conditions and restrictions as it deems fit.

(2) Notwithstanding anything contained in any written law, no


person shall dam up or otherwise interfere with any such source of
water without first serving on the licensee either personally or by
registered post a three months’ notice, in such form as may be
prescribed, specifying the work he proposes to undertake.

(3) At any time before the expiration of the time specified in the
notice the licensee may, if he considers that the work referred to in
subsection (2) will materially affect his functions, by notice in writing
served on the person, either personally or by registered post—

(a) prohibit the person from proceeding with the work; or

(b) attach conditions to the undertaking of the work by the


person.

(4) Any person dissatisfied with the action taken by the licensee
under subsection (3) may appeal to the State Authority whose decision
shall be final.

(5) Any person who—

(a) dams up or otherwise interferes with any source of water


declared under subsection (1) without serving the notice
required by subsection (2);

(b) undertakes any work prohibited under this section; or

(c) fails to comply with any conditions imposed under this


section,

commits an offence and shall, on conviction, be liable to a fine not


exceeding one thousand ringgit, and a further fine not exceeding one
hundred ringgit for every day or part of a day during which the offence
continues after conviction.
Electricity Supply 85

(6) Notwithstanding any declaration made under subsection (1),


nothing in this section shall affect any licence granted not less than
twenty-five years before the date of the declaration under any written
law to divert water from any lake, river or waterway, for the purpose
of a public installation, the holder of which has not, in the opinion of
the State Authority, made reasonable use, for the purposes of the
installation, of the rights arising out of the licence in connection with
any lake, river, waterway or part thereof declared to be a source of
water.

Supply infrastructure information security

52A. (1) Any licensee as directed by the Commission providing supply


of electricity to consumers shall be responsible for the preservation of
confidentiality, integrity and availability of its information,
information systems and supporting network infrastructure pertaining
to its duties and other matters as provided under this Act.

(2) The licensee shall—

(a) take the necessary measures, establish and implement


standards and employ the relevant information security
controls to prevent, avoid, remedy, recover or restore its
information, document, instrument or records stored in its
computers and for its operational system by its computers
from any risk of—

(i) threat or unauthorized access; and

(ii) intrusion or removal;

(b) take necessary measures to ensure the resiliency of its


supporting network infrastructure to minimize business
impact against various threats to its activities under the
licence; and

(c) ensure that the reliability, continuity and quality of


electricity supply, its performance of duties and conformity
to the provisions of this Act and any regulations made
thereunder shall not be jeopardized thereby,
86 Laws of Malaysia ACT 447

and shall report to the Commission within the time specified by the
Commission, and in the event of any incident which interferes or
affects the performance of the activities under the licence, report such
incident immediately to the Commission and other relevant authorities.

(3) Any licensee who fails, neglects to comply with or contravenes


any provision of this section commits an offence and shall, on
conviction, be liable to a fine not exceeding three hundred thousand
ringgit or to imprisonment for a term not exceeding three years or to
both.

(4) For the purposes of this section—

“supporting network infrastructure” refers to relevant connection,


network devices, hardware and software that provides network
services in supporting business functions;

“information security controls” refers to means of managing risk,


including policies, procedures, guidelines, practices or organizational
structures, which can be administrative, technical, management or
legal in nature;

“resiliency” means an ability of an organization to resist being


affected by an incident.

Obligation to give information

52B. (1) The Commission may authorize any of its officer to obtain any
information pertaining to the licensee or any other person under this
Act and shall be given access to such information whether stored in a
computer or otherwise.

(2) Any officer authorized by the Commission under subsection


(1), shall have the power to require the production of records, accounts,
data, computerized data and documents kept by a licensee or any other
person and to inspect, examine and to download from them, make
copies of them or take extracts from them.
Electricity Supply 87

(3) For the purposes of this section, “access” includes being


provided with the necessary password, encryption code, decryption
code, software or hardware and any other means required to enable
comprehension of computerized data.

(4) Any person who refuses to give any information which may
reasonably be required of him under subsection (1) and which he has
in his knowledge or power to give commits an offence and shall, on
conviction, be liable to a fine not exceeding one hundred thousand
ringgit or to imprisonment for a term not exceeding two years or to
both.

PART XI
POWER TO MAKE REGULATIONS

Power to make regulations

53. (1) The Minister may make regulations in respect of any matter
which may be prescribed under this Act and in particular—

(a) the procedures for the Commission in the exercise of its


functions, duties and powers under this Act;

(b) the intervals, times and manner in which any installation or


equipment shall be inspected, the notice (if any) to be given
in relation to inspections and the preparations to be made by
the licensee or any management for inspections;

(c) the minimum standards and specifications which shall be


used in the design, construction, protection and maintenance
of installations and equipment, the conditions under which
any installation or equipment shall be worked or operated
and the prohibition of the use of dangerous equipment;

(d) the manner in which electricity shall be measured and the


standards of measurement which shall be employed and the
manner in which electricity is permitted to be or is
prohibited from being supplied or used;
88 Laws of Malaysia ACT 447

(e) the standards to be adopted for measurement of the


dimensions of any installation or equipment;

(f) the manner of regulation and the limits of variation of the


nature, voltage and frequency of the electricity supplied;

(g) the class or design of wires, fittings and equipment to be


used and the manner in which the wires, fittings and
equipment shall be erected, fixed, arranged, protected,
controlled, inspected, tested and maintained;

(h) the fees to be paid for licences and Certificates of


Registration of installations and any other fee which is
required to be prescribed under this Act;

(i) the form and period of validity of Certificates of


Registration and the conditions for suspension, extension
and revocation of Certificates of Registration;

(j) the minimum qualifications to be possessed by persons


before they may be entrusted with the design, construction,
erection, testing, operation, maintenance, repair or alteration
of any installation, plant or equipment or with the charge,
control or operation of any installation, plant or equipment;

(k) the nature of tests to be employed for ascertaining whether any


person possesses the necessary qualifications prescribed for the
purpose of competent control and other purposes, and the issue,
suspension or revocation of certificates of competency, and to
prescribe fees to be paid for such tests and certificates;

(l) the registration and classification of private wiring unit,


electrical contractor, electrical services contractor, electrical
repair contractor, electrical sign contractors, switch board
manufacturers and competent persons, and to prescribe fees
for such registration;
Electricity Supply 89

(m) the measures to be taken and the equipment to be supplied


and used in connection with installations in order to secure
public and private safety;

(n) the precautions to be taken on the relief of any person in the


control of any installation, plant or equipment and the
manner of notifying to the Commission the names and
qualifications of any person placed in the control of any
installation and of the operation of any plant or equipment;

(o) the manner of calculating the capacity of any system,


installation, equipment, cable, generator and/or motor;

(p) the manner of determination of disputes, holding enquiries


and arbitration under this Act;

(q) the form of notices and the manner of service thereof;

(r) the appraisal and approval, where necessary, of any


domestic or other equipment to be manufactured, imported,
displayed, sold, advertised, installed or used and to prescribe
fees to be paid thereof;

(s) the provisions for the licensees with respect to matters


pertaining to—

(i) the inspection of any installation or part thereof;

(ii) the erection and fixing of public lamps;

(iii) the disconnection of supplying of electricity; and

(iv) any other matter connected therewith;

(t) the submission of financial statements and audited reports


by the licensees;

(u) the manner of execution of works in connection with the


generation or supply of electricity without prejudice to
public or private safety;
90 Laws of Malaysia ACT 447

(v) the means to be adopted, whether by prohibition or


otherwise, to prevent or abate any nuisance likely to arise or
arising from the working of any installation, plant or
equipment;

(w) the fees payable in respect of the inspection, testing and


maintenance of consumers’ installations and apparatus, of
the fixing and testing of meters, and in respect of any other
service properly rendered on account of consumers;

(x) the regulation of the licensee and consumer relationship such


as provisions on the recovery of charges for electricity supply
including any surcharges for late payment, the annual interest
payable by a licensee to any person for any security given and
any rates or conditions connected thereto, connection,
disconnection or restoration of supply by the licensee, entry
into any premises by the licensee or his authorized officers
for purposes related to the supply, connection, disconnection
or restoration of supply, entry for purposes of replacing,
repairing or altering any electricity line or electrical plant or
equipment and the form of any notice required;

(xa) the standards, specifications, practices and measures to be


adopted and any other matter relating to the efficient use of
electricity;

(xb) the standards, specification, practices and measures to be


adopted and any other matters relating to power quality;

(xc) matters relating to metering, prepaid metering, metering


infrastructure, telemetering, equipment, electrical product
and consumer electrical equipment;

(xd) matters relating to use of supply line for the purposes of


communications as set out under section 44A;

(xe) in respect of the import and manufacture of consumer electrical


equipment, the registration of importers and manufacturers and
conformity assessment bodies pertaining to the consumer
Electricity Supply 91

electrical equipment, training and examination center or


institution and to prescribe fees for such registration;

(xf) matters relating to the Electricity Industry Fund;

(xg) matters relating to the licensing under the Act;

(xh) all functions, duties and responsibilities of the System


Operator and the Single Buyer;

(xi) the revision of the safety management plan and safety


management programme and for the audit of the licensee
and non-domestic installation owner or operator;

(xj) the fees payable in respect of efficient use of electricity by


equipment and approval thereof;

(xk) matters relating to registration of person providing service


relating to efficient use of electricity and the payment of fees
for processing application and registration;

(xl) matters and period of time for keeping of records and


documents; and

(y) any other matter generally to give effect to the provisions


of this Act.

(2) Any regulations made under subsection (1) may prescribe any
act in contravention of the regulations to be an offence and may
prescribe a fine not exceeding twenty thousand ringgit or imprisonment
for a term not exceeding two years, or both, for such offence.

PART XII
MISCELLANEOUS

Exemptions

54. (1) The Minister may, upon the recommendation of the


Commission, by notification in the Gazette exempt from any or all of
the provisions of this Act or any regulation made or codes issued
thereunder for any period as specified—
92 Laws of Malaysia ACT 447

(a) any installation, or part thereof, owned by or worked by or


on behalf of any supply authority or licensee;

(b) any other particular class of installation, plant or equipment,

and may, by similar notification, cancel any exemption so notified.

(2) The Commission may recommend to the Minister the conditions


to be applicable to an exemption granted under subsection (1).

(3) Except as otherwise provided in the exemption, an exemption


under subsection (1) may be varied or revoked.

Transitional provision and restrictions attached to licences issued


prior to this Act

55. (1) Any licence for any private or public installation granted to
any person under any written law promulgated prior to this Act shall
be deemed to have been granted under this Act and shall remain valid
until it is revoked under this Act and the provisions of this Act shall
apply to such person as if he were a licensee under this Act.

(2) Notwithstanding anything contained in any licence for a public


installation issued under any written law promulgated prior to this Act,
no holder of any such licence shall, without the prior approval of the
Commission—

(a) acquire any land or buildings for the purposes of such


installation;

(b) commence any new scheme for the supply of electricity;

(c) extend any existing installation or area of supply; or

(d) install any new, or replace any existing plant or equipment


for the purposes of such installation.
Electricity Supply 93

Failure to comply with this subsection shall render the licensee liable
to have his licence revoked at the discretion of the Commission.

Repeal of Electricity Act 1949 and Electrical Inspectorate Act 1983


and savings in respect thereof

56. (1) The Electricity Act 1949 [Act 116] and the Electrical
Inspectorate Act 1983 [Act 277] are hereby repealed.

(2) Any regulation made under the Electrical Inspectorate Act


1983 shall continue in force until revoked or replaced by regulations
made under this Act.

(3)The Minister may, whenever it appears to him necessary or


expedient so to do whether for the purpose of removing difficulties or in
consequence of the passing of this Act, by order make such modifications
to any provision in any regulation in subsection (2) as he may think fit.

____________________________

FIRST SCHEDULE

[Subsection 11(2)]

MALAYSIA

STATE OF …………

ELECTRICITY SUPPLY ACT 1990

NOTICE OF INTENTION TO ENTER AND DO WORK ON LAND


UNDER SECTION 11

To:

Title or other description of land…………………

Take notice that I/we………………………of………………………being the holder


of a licence dated………………………under the Electricity Supply Act 1990
am/are desirous of entering the above-mentioned land for the p urp o s e o f (here set
out as fully and accurately as possible what is intended to be done).
94 Laws of Malaysia ACT 447

Within fourteen days from the date of receipt of this notice you may lodge an
objection either verbally or in writing with the District Land Administrator at
……………………………………………………

The District Land Administrator has appointed ……………………… as the day


upon which objections will be heard.

Unless you lodge an objection within the specified time it will be presumed that
you have consented to my/our entering on the land on the terms of this notice.

You will be paid proper compensation for any damage done.

Dated this…………………… day of ………………20………

...........................
Licensee

____________

SECOND SCHEDULE

[Subsection 11(7)]

MALAYSIA

STATE OF……………

ELECTRICITY SUPPLY ACT 1990

ORDER OF THE DISTRICT LAND ADMINISTRATOR IN RESPECT OF


OBJECTION ON THE ENTRY ON LAND

To:

In the matter of an enquiry held under subsection 11(6) of the Electricity Supply
Act 1990 between the licensee and the owner of the land situated on Lot No.………,
Title No.……………………………….., Mukim……………………………………

An enquiry has been held on……………… before ………………………………


the District Land Administrator …………………………………… in the presence
of……………………………………………………. on behalf of the licensee and
……………………………………. on behalf of the land owner.
Electricity Supply 95

After holding the enquiry it is hereby ordered as follows:

*(a) the licensee is allowed to enter the said land to do the works as specified
in the notice issued under subsection 11(2) of the Electricity Supply Act
1990.

*(b) the licensee is allowed to enter the said land to do the works as specified
in the notice issued under subsection 11(2) of the Electricity Supply Act
1990 subject to the following conditions:

(i)

(ii)

(iii)

(iv)

(state the conditions)

*(c) the licensee is not allowed to enter the said land to do the works specified
in the notice issued under subsection 11(2) of the Electricity Supply Act
1990.

Dated this ……day of ……20……….

.............................................
District Land Administrator

___________________________________________________________________
*delete whichever is not applicable

____________
96 Laws of Malaysia ACT 447

THIRD SCHEDULE

[Subsection 16(1)]

MALAYSIA

STATE OF…………

ELECTRICITY SUPPLY ACT 1990

ASSESSMENT

To:

In the matter of an enquiry for the payment of compensation under section 10*,
11* or 13* of the Electricity Supply Act 1990 between the licensee and the owner of
the land situated on Lot No………………, Title No. ………………,
Mukim……………

An enquiry has been held on ……………… before ………………… the


District Land Administrator ………………… in the presence of …………………
on behalf of the licensee and ................ on behalf of the land owner.

After holding the enquiry it is hereby ordered that the compensation payable
by the licensee to the land owner is as follows:

Dated this …………… day of……… 20………

...............................................
District Land Administrator

___________________________________________________________________
*delete whichever is not applicable

________________________
97

LAWS OF MALAYSIA

Act 447

ELECTRICITY SUPPLY ACT 1957

LIST OF AMENDMENTS

Amending law Short title In force from

P.U. (A) 272/1990 Suspension of the Operation of the 01-09-1990


Act (Sarawak) Order 1990

Act A1116 Electricity Supply (Amendment) 02-01-2002


Act 2001

Act A1501 Electricity Supply (Amendment) 01-01-2016


Act 2015
98

LAWS OF MALAYSIA

Act 447

ELECTRICITY SUPPLY ACT 1957

LIST OF SECTIONS AMENDED

Section Amending authority In force from

Long title Act A1116 02-01-2002

2 Act A1116 02-01-2002


Act A1501 01-01-2016

3 Act A1116 02-01-2002

Heading of Part III Act A1116 02-01-2002

4 Act A1116 02-01-2002


Act A1501 01-01-2016

4A Act A1116 02-01-2002


Act A1501 01-01-2016

5 Act A1116 02-01-2002

5A Act A1501 01-01-2016

5B Act A1501 01-01-2016

6 Act A1116 02-01-2002

7 Act A1116 02-01-2002


Act A1501 01-01-2016

8 Act A1116 02-01-2002


Act A1501 01-01-2016

9 Act A1116 02-01-2002


Electricity Supply 99

Section Amending authority In force from

Act A1501 01-01-2016

9A Act A1501 01-01-2016

9B Act A1501 01-01-2016

9C Act A1501 01-01-2016

9D Act A1501 01-01-2016

9E Act A1501 01-01-2016

11 Act A1116 02-01-2002

12 Act A1116 02-01-2002


Act A1501 01-01-2016

17 Act A1116 02-01-2002


Act A1501 01-01-2016

18 Act A1116 02-01-2002

19 Act A1116 02-01-2002

20 Act A1116 02-01-2002

21 Act A1116 02-01-2002


Act A1501 01-01-2016

22 Act A1116 02-01-2002

22A Act A1501 01-01-2016

22B Act A1501 01-01-2016

23 Act A1501 01-01-2016

23A Act A1116 02-01-2002

23B Act A1116 02-01-2002

23C Act A1116 02-01-2002


100 Laws of Malaysia ACT 447

Section Amending authority In force from

23D Act A1501 01-01-2016

24 Act A1501 01-01-2016

25 Act A1501 01-01-2016

26 Act A1501 01-01-2016

26A Act A1116 02-01-2002

27 Act A1501 01-01-2016

28 Act A1116 02-01-2002

28A Act A1116 02-01-2002

28B Act A1501 01-01-2016

29 Act A1501 01-01-2016

30 Act A1116 02-01-2002


Act A1501 01-01-2016

30A Act A1501 01-01-2016

30B Act A1501 01-01-2016

31 Act A1116 02-01-2002

32 Act A1501 01-01-2016

33 Act A1116 02-01-2002


Act A1501 01-01-2016

33A Act A1501 01-01-2016

33B Act A1501 01-01-2016

33C Act A1501 01-01-2016

33D Act A1501 01-01-2016


Electricity Supply 101

Section Amending authority In force from

33E Act A1501 01-01-2016

33F Act A1501 01-01-2016

34 Act A1116 02-01-2002

35 Act A1116 02-01-2002

36 Act A1116 02-01-2002


Act A1501 01-01-2016

37 Act A1116 02-01-2002


Act A1501 01-01-2016

37A Act A1501 01-01-2016

37B Act A1501 01-01-2016

38 Act A1116 02-01-2002


Act A1501 01-01-2016

40 Act A1116 02-01-2002

41 Act A1116 02-01-2002

42 Act A1116 02-01-2002

43 Act A1116 02-01-2002


Act A1501 01-01-2016

44A Act A1501 01-01-2016

44B Act A1501 01-01-2016

44C Act A1501 01-01-2016

44D Act A1501 01-01-2016

44E Act A1501 01-01-2016

45 Act A1116 02-01-2002


Act A1501 01-01-2016
102 Laws of Malaysia ACT 447

Section Amending authority In force from

45A Act A1501 01-01-2016

45B Act A1501 01-01-2016

45C Act A1501 01-01-2016

46 Act A1116 02-01-2002


Act A1501 01-01-2016

47 Act A1116 02-01-2002

48 Act A1116 02-01-2002


Act A1501 01-01-2016

49 Act A1116 02-01-2002


Act A1501 01-01-2016

50 Act A1501 01-01-2016

50A Act A1501 01-01-2016

50B Act A1501 01-01-2016

50C Act A1501 01-01-2016

50D Act A1501 01-01-2016

50E Act A1501 01-01-2016

50F Act A1501 01-01-2016

51 Act A1116 02-01-2002

52 Act A1116 02-01-2002


Act A1501 01-01-2016

52A Act A1501 01-01-2016

52B Act A1501 01-01-2016


Electricity Supply 103

Section Amending authority In force from

53 Act A1116 02-01-2002


Act A1501 Akta A1501

54 Act A1501 01-01-2016

55 Act A1116 02-01-2002

\\

______________________________

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