Electricity Supply Enactment 2024

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ELECTRICITY SUPPLY ENACTMENT 2024

ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY

Sections
1. Short title and commencement
2. Interpretation

PART II
FUNCTIONS AND POWERS OF THE COMMISSION

3. Functions and powers

PART III
ELECTRICITY FUND

4. Contribution by licensee
5. Electricity Fund
6. Investment
7. Accounts

PART IV
LICENSED AND REGISTERED INSTALLATIONS

8 Licence required for use of installations: terms, conditions and contents of licences
9. Security
10. Power to impose additional terms or conditions or to amend terms or conditions
11. Transfer of licence
Sections
12. Requirements on licensing
13. Suspension and revocation of licence
14. Obligation to submit business plan
15. Standards of performance of supply and services by licensees
16. Proper annual accounts by licensee
17. Arrangement for procurement of electricity
18. Power to enter and examine non-State land
19. Power to enter non-State land for purposes of construction
20. Supply lines and other equipment on State land
21. Maintenance, repair and upgrading of installation
22. Removal or alteration of supply line, etc.
23. Saving of wayleave agreements
24. Compensation
25. Reduction or cessation of supply: liability
26. Restriction of use to specified purposes
27. Exemption of equipment from distress and attachment
28. Registration of installations
29. Periodical inspections of installations
30. System Operator
31. Single Buyer

PART V
COMPETENT CONTROL

32. Persons in charge


PART VI
EFFICIENT USE OF ELECTRICITY

Sections
33. Minister to prescribe standards, etc.
34. Installation to meet requirements
35. Equipment to meet requirements
36. Registration of person providing service relating to efficient use of electricity

PART VII
SUPPLY BY LICENSEE

37. Duty to supply on request


38. Exceptions to duty to supply electricity
39. Power to fix tariffs and charges
40. Licensee may levy surcharge
41. Power to recover expenses
42. Power to require security
43. Return of security with interest
44. Supply agreement with consumer
45. Special agreement with respect to supply
46. Determination of dispute
47. Notification of dispute and binding decision by the Commission
48. Register of decisions
49. Fixing of maximum prices for reselling electricity
50. Charge for supply of electricity to be ascertained by appropriate meter

PART VIII
NOTIFICATION OF ACCIDENT OR FIRE

51. Serious accidents to be reported to, and investigated by the Commission


PART IX
SAFETY OF INSTALLATION AND EQUIPMENT

Sections
52. Responsibilities of licensee for safety
53. Responsibilities of non-domestic electrical installation owner or operator, licensee
for retail and licensee for a private installation for safety
54. Undertaking electrical work
55. Unauthorized work or activity
56. Responsibilities relating to non-electrical work
57. Compliance inspection
58. Interpretation

PART X
ENQUIRY

59. Procedure in relation to enquiry


60. Power of holding enquiry

PART XI
OFFENCES AND PENALTY

61. Offences
62. Offence of attempt and abetment
63. Disconnection of supply of electricity
64. Liabilities unaffected
65. Onus of proof
Sections
66. Compensation for damage
67. Use of supply line, etc., for purposes of communications under the Communications
and Multimedia Act 1998

PART XII
ENFORCEMENT

68. Interpretation
69. Authorized officer
70. Authority card
71. Power of entry, inspection and examination
72. Powers of investigation
73. Search and seizure with warrant
74. Search and seizure without warrant
75. Access to computerized data
76. List of things seized
77. Power to require attendance of person acquainted with case
78. Examination of person acquainted with case
79. Admissibility of statements in evidence
80. Forfeiture or release of equipment, instrument, etc., seized
81. Cost of holding equipment, instrument, etc., seized
82. No cost or damages arising from seizure to be recoverable
83. Obstruction
84. Authorized officer may seek assistance to examine things relating to offence
85. Reward for information

PART XIII
GENERAL

86. Offences committed by body corporate


Sections
87. Compounding of offences
88. Prosecution
89. General penalty
90. Precautions in execution of work
91. Audit of licensees or non-domestic electrical installations owners or operators
92. Determination of standards of installation or equipment
93. Keeping of records and documents
94. Electrical interference with Government or Federal Government signalling lines
95. Precautions against atmospheric electricity
96. Restriction of connection with the earth
97. Procedure in case of dangerous defect in installation or part thereof
98. Prohibition of employment of children
99. Development of codes by the Commission and compliance of the codes
100. Retention of documents by Commission
101. Guidelines or directions by Commission
102. Variation, review or revocation of codes, guidelines or directions by the Commission
103. Offence for non-compliance with codes, guidelines or directions of the Commission
104. Register of codes, guidelines or directions
105. Special powers of emergency
106. Power to declare sources of water
107. Supply infrastructure information security
108. Obligation to give information
109. Exemptions
110. Power to make regulations

PART XIV
SAVINGS AND TRANSITIONAL

111. Savings and transitional


Sections
112. Existing projects
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
FOURTH SCHEDULE
STATE OF SABAH

I assent,

LS TUN DATUK SERI PANGLIMA (DR) HAJI JUHAR


BIN DATUK HAJI MAHIRUDDIN,
Yang di-Pertua Negeri.

3RD JANUARY, 2024.


No. 17 of 2023
An Enactment to provide for the regulation of the electricity supply,
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.

ENACTED by the Legislature of the State of Sabah as follows:

PART I
PRELIMINARY

Short title and commencement


1. (1) This Enactment may be cited as the Electricity Supply Enactment 2024.
550 No. 17 of 2023 Electricity Supply Enactment

(2) This Enactment comes into operation on 3 January 2024.

Interpretation
2. In this Enactment, unless the context otherwise requires —
“area of supply” means the area within which a licensee is authorized to
generate 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
Enactment;

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


Commission;

“Collector” has the meaning assigned to it under the Land Ordinance


[Cap. 68];

“Commission” means Energy Commission of Sabah established under the


Energy Commission of Sabah Enactment 2023 [No.11 of 2022];

“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 licensee;
Electricity Supply Enactment No. 17 of 2023 551

“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;

“dishonestly” has the meaning assigned to it under the Penal Code [Act
574];

“Director” has the meaning assigned to it under the Land Ordinance;

“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;
552 No. 17 of 2023 Electricity Supply Enactment

“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 of 33 kilovolts or below of electric lines or cables,
substations and associated equipment and buildings for distributing
electricity regardless of whether a generating plant is connected to such
system;

“electricity supply infrastructure” means the licensee’s —


(a) generating station;
(b) main supply lines and supply lines;
(c) substations for converting, transforming or controlling
electricity;
(d) equipment for metering, monitoring or controlling electricity;
and
(e) any wires, equipment and passages including tunnels and
cavities or others used for, or in connection with, the generation,
transmission, distribution or supply of electricity;

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


nominal voltage of 34 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;
Electricity Supply Enactment No. 17 of 2023 553

“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 a station consisting one or more generating


units 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;

“generating unit” means any equipment used for, or for purposes connected
with, the generation or production of electricity;

“Government” means the Government of the State of Sabah;

“grievous hurt” and “hurt” have the meanings assigned to it respectively


under 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 management, designed for the supply or use, or both, as the case
may be, of electricity; including generating unit, if any, with all necessary
plant, buildings and land in connection therewith, pipeline, 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 8;

“licensee” means a person licensed under section 8;


554 No. 17 of 2023 Electricity Supply Enactment

“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 electricity transmission or distribution


network for transmitting electricity from a generating station to another
generating station or to a substation and includes any building or part of
a building used in connection with such supply line;

“management” means the person 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 including its
associated equipment and communication facilities required to provide
remote access to the metered data;

“Minister” means the Minister 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;

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


fittings, equipment and accessories that is installed in a place for the
conveyance, control or use of electricity that is, or is to be, or has been,
supplied for consumption in the place, but does not include —
(a) any electricity supply infrastructure owned or operated by a
licensee;
(b) any wires, fittings, equipment or accessories connected to and
beyond any electrical outlet at which fixed wiring terminates,
other than any such outlet used to connect sections of fixed
Electricity Supply Enactment No. 17 of 2023 555

wiring; or
(c) private dwelling premises;

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


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

“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;

“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 for use only on the licensee’s or
owner’s property or premises;

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


property;

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


supply of electricity to any person other than the licensee;

“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;
556 No. 17 of 2023 Electricity Supply Enactment

“Registrar” has the meaning assigned to it under the Land Ordinance;

“reserved land” means land reserved under any written law;

“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 30 and 31 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 optimum cost
of generation, effective competition and enhance transparency in the
operations of the power system;

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


technical management plan in respect of electricity supply infrastructure;

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


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

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


part of a licensee who is authorized under subsection 31(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 by the Commission;

“State land” has the meaning assigned to it under the Land Ordinance;

“street” or “road” includes any highway, street, road, bridge, thoroughfare,


parade, square, court, alley, lane, bridle path, foot way, passage or open
place whether situated on land leased from the State or not, used and
frequented by the public or to which the public have, or are permitted to
Electricity Supply Enactment No. 17 of 2023 557

have access;

“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 30(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 by the Commission;

“title” means a document of title kept by the Registrar; and

“transformation” means the transformation of voltage from lower to a


higher voltage or vice versa.

PART II
FUNCTIONS AND POWERS OF THE COMMISSION

Functions and powers


3. The Commission shall carry out such functions and powers as follows:
(a) to issue licences under section 8 of this Enactment;
(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
558 No. 17 of 2023 Electricity Supply Enactment

and services and the enforcement thereof;


(c) to promote competition in the generation and supply of electricity
to, inter alia, ensure the optimum cost of generation and 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
(iv) the quality of electricity supply which includes reliability and
power quality;
(e) to ensure that all reasonable demands for electricity are satisfied;
(f) to regulate the activities of the licensee so that all reasonable demands
for electricity are satisfied;
(g) to ensure that licensees are able to finance the carrying on of the
activities which they are authorized by their licences to carry on;
(h) to promote and encourage the generation of electricity with a view
to the economic development of Sabah;
(i) 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;
(j) to enforce standards for electrical installations and licensee’s
electricity supply infrastructure, electrical products and consumer
electrical equipment;
(k) to regulate the interval and manner in which any electrical installation
or equipment shall be inspected;
Electricity Supply Enactment No. 17 of 2023 559

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


qualifications and practical experience for any purpose pursuant to
this Enactment;

(m) to investigate any accident or fire involving any electrical installation;

(n) 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 or institution, conformity assessment bodies and
any competent person, as may be prescribed;

(o) to prescribe the minimum standards and specifications and appraise


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

(p) to promote the efficient use of electricity;

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


to furnish to the Commission;

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


person determined by the Commission; and

(s) 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 its functions and powers
under this Enactment.

PART III
ELECTRICITY FUND

Contribution by licensee
4. (1) A licensee shall, if required by the Minister under any regulations
560 No. 17 of 2023 Electricity Supply Enactment

made under this Enactment or by order published in the Gazette pursuant


to the recommendation made by the Commission, allocate and pay into the
Electricity Fund under section 5, 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 Fund
5. (1) A fund to be known as the “Electricity Fund” is established and shall
be administered and controlled by the Commission.

(2) The Electricity Fund shall consist of —


(a) such sums allocated and paid by a licensee pursuant to section 4;
(b) such sums as may be provided by the Legislative Assembly for
the purposes of the Electricity Fund from time to time;
(c) all moneys derived as income from investments made from the
Electricity Fund, including interest income; and
(d) all other moneys lawfully received by the Commission on behalf
of the Electricity Fund.

(3) The Electricity 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 as deemed
necessary by the Commission.

Investment
6. (1) The moneys in the Electricity Fund shall, in so far as they are not
required or immediately required to be expended by the Commission for the
purposes of subsection 5(3), be invested in such manner as the Minister may,
Electricity Supply Enactment No. 17 of 2023 561

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 Fund with such financial institution or financial
institutions 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
7. (1) The Commission shall cause proper accounts of the Electricity Fund
and proper reports of its activities in respect of the Electricity Fund to be
kept and shall, as soon as practicable after the end of the financial year of the
Commission, cause to be prepared for that financial year —
(a) a statement of accounts which shall include a balance sheet and
an account of the contributions and expenditure; and
(b) a statement of its activities.
(2) The Commission shall as soon as practicable send a copy of the
statement of accounts certified by the auditors and a copy of the auditor’s
report to the Minister who shall cause them to be laid before the Legislative
Assembly.

PART IV
LICENSED AND REGISTERED INSTALLATIONS

Licence required for use of installations: terms, conditions and contents


of licences
8. (1) No person shall —
(a) use, work or operate or permit to be used, worked or operated
any installation; or
(b) supply electricity from any installation to, or for the use of, any
other person,
562 No. 17 of 2023 Electricity Supply Enactment

unless he holds a licence.

(2) A licence 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.

(3) 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.

(4) Notwithstanding subsection (2), the Commission may grant a licence


upon payment of fees and upon such conditions as may appear to be requisite
or expedient in respect of any installation as may be prescribed.

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


(a) the area of supply;
(b) the declared voltage and the variations permitted therefrom;
(c) the maximum charges payable by consumers; and
(d) such other matters as the Commission may consider necessary.

(6) Licences may be for such periods as the Commission may approve,
provided that no licence shall, without the express approval of the Minister,
be for a period exceeding twenty-one years.

(7) Any person who contravenes —

(a) paragraph (1)(a) commits an offence and shall, on conviction,


be liable to a fine not exceeding five hundred thousand ringgit
or to imprisonment for a term not exceeding five years or to
both, and in the case of a continuing offence, to a further fine
not exceeding five thousand ringgit for every day or part of a
day during which the offence continues after conviction;
Electricity Supply Enactment No. 17 of 2023 563

(b) paragraph (1)(b) commits an offence and 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, and
in the case of a continuing offence, to a further fine not exceeding
ten thousand ringgit for every day or part of a day during which
the offence continues after conviction.

(8) Any licensee who 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 one hundred thousand ringgit, and in the case of a continuing
offence, to a further fine not exceeding one thousand ringgit for every day
or part of a day during which the offence continues after conviction.

Security
9. (1) Before the grant 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 Enactment.

(2) If a licence is revoked under section 13, the security shall be forfeited
as the Commission deems fit.

Power to impose additional terms or conditions or to amend terms or


conditions

10. The Commission may, with the approval of the Minister, at any time —
(a) impose any additional terms or conditions on the licence granted
under section 8; or
(b) amend any terms or conditions imposed on the licence granted
under section 8.

Transfer of licence
11. (1) The grant of the licence under section 8 shall be personal to the
564 No. 17 of 2023 Electricity Supply Enactment

licensee and the licence shall not be assigned or transferred to any other
person except with the written consent of the Minister.

(2) A licensee who assigns or transfers his or its licence to any other person
without the written consent of the Minister commits an offence and shall, on
conviction, be liable to a fine not exceeding five hundred thousand ringgit,
and in the case of a continuing offence, to a further fine not exceeding one
thousand ringgit for every day or part of a day during which the offence
continues after conviction.

Requirements on licensing

12. (1) Notwithstanding any other provisions of this Enactment, 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
Enactment or regulations made under this Enactment 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.

Suspension and revocation of licence

13. (1) The Commission may suspend or revoke a licence under any of the
following circumstances:
(a) the licensee has contravened any provisions of this Enactment;
(b) the licensee has failed to comply with any of the conditions of
the licence;
(c) the licensee has default of payment of any moneys payable under
Electricity Supply Enactment No. 17 of 2023 565

this Enactment;
(d) the licensee has ceased to use, work or operate the installation
or supply electricity which he was authorized to do under the
licence;
(e) the licensee has failed or refused to carry out his duties stipulated
in the licence;
(f) the licensee had improperly or illegally obtained the licence;
(g) the licensee has been convicted of an offence under this
Enactment;
(h) a receiver, receiver and manager, provisional liquidator or like
official has been appointed over the whole or substantial part
of the licensee’s assets and such appointment is not revoked
or annulled within a period of sixty days from the date of
appointment; or
(i) there has been any act or default on the part of the licensee or
there has been a change of circumstances such that the licensee
would no longer be entitled to be granted a licence under this
Enactment.

(2) Before the Commission makes a decision under subsection (1), the
Commission shall give the licensee —
(a) a written notice of its intention to suspend the licence; and
(b) an opportunity to make written representation within a period
specified in the written notice which shall not be less than
fourteen days.

(3) After the expiry of the period specified in the notice, the Commission
shall, after considering the written representation made by the licensee under
subsection (2), if any, decide whether to suspend or revoke the licence.

(4) The Commission shall give the licensee a written notice of its decision
566 No. 17 of 2023 Electricity Supply Enactment

under subsection (3) as soon as practicable.

(5) 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.

(6) 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.

(7) Upon revocation of a licence, the licensee shall remove his installation
and equipment within three months from the date of revocation, 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 section 9.

Obligation to submit business plan

14. (1) The Commission may request any licensee to submit a three 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.

Standards of performance of supply and services by licensees

15. (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;
Electricity Supply Enactment No. 17 of 2023 567

(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 Enactment; 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

16. (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.

Arrangement for procurement of electricity

17. In exercising its functions under paragraph 3(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
568 No. 17 of 2023 Electricity Supply Enactment

Commission.

Power to enter and examine non-State land

18. (1) Whenever it appears to the licensee that it will be necessary for him
to exercise the powers conferred upon him by this Enactment 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 owner, the officer
or any other person in charge 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.

Power to enter non-State land for purposes of construction

19. (1) Whenever it is necessary for the purpose of installing any system
of supply of electricity under this Enactment, 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
compensation in accordance with section 24 to all persons interested for any
disturbance, damage or disability that may be caused thereby.

(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.

(3) The notice given under subsection (2) shall be in the form set out in the
First Schedule and the Collector shall enquire into any objection that may
Electricity Supply Enactment No. 17 of 2023 569

have been made as herein after provided.

(4) The aforesaid notice shall be served on the owner, the officer or any
other person in charge of the land 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 served.

(5) Any of the persons mentioned in subsection (4) may, within fourteen
days of the receipt of the notice under subsection (2), lodge an objection to
the intended acts of the licensee to the Collector in writing.

(6) If no objection is lodged under subsection (5), the licensee may


forthwith enter on the land and do all or any of the acts specified in the notice
given under subsection (2).

(7) If an objection is lodged and is not withdrawn before the date fixed for
the hearing thereof, the Collector shall hold an enquiry requiring the owner,
the officer or any other person in charge of the land to show cause why the
licensee should not enter the land, giving all parties an opportunity to be
heard.

(8) Upon the conclusion of the enquiry the Collector 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 in the form set
out in the Second Schedule.

(9) Any party who is dissatisfied with the Collector’s order may within
twenty-one days after the order appeal against such an order to the Director
which may then uphold, set aside or vary the order upon such terms, conditions
and stipulations as he thinks fit.

(10) The Collector may, if he thinks fit, in lieu of making an order under
subsection (8), decide any land or part of any land included in a notice given
under subsection (2) to be acquired in accordance with the procedure under
the Land Acquisition Ordinance [Cap. 69].
570 No. 17 of 2023 Electricity Supply Enactment

(11) The decision of the Director under this section shall be final.

(12) Notwithstanding any provisions of the Land Ordinance, the Registrar —

(a) upon the production to him of the notice issued by the licensee
under subsection (2) together with the statement by the Collector
that no objection had been lodged by any of the persons
mentioned in subsection (4); or
(b) upon the production to him of the order made under subsection
(8) and upon the deposit with him of a certified copy of such
order,
shall cause to be made on the title relating to the land affected by the notice
or order, as the case may be, a note the existence of the rights under such
notice or order.

Supply lines and other equipment on State land

20. (1) Subject to the approval of the Government and to such conditions
as the Government 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 Government may
permit, after the expiration or early determination of the licence shall vest
in and become the property of the Government.

Maintenance, repair and upgrading of installation

21. (1) Whenever it is necessary 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
Electricity Supply Enactment No. 17 of 2023 571

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 24 to all persons interested for any damage that
may be caused thereby for which compensation has not already been assessed
under section 19.

(2) For the purpose of subsection (1), the licensee may interrupt the supply
of electricity to the consumer.

Removal or alteration of supply line, etc.

22. (1) Where a supply line has been laid, or posts or equipment erected, on
any land under section 19, and if any of the persons mentioned in subsection
19(4) desires to use the land in such a manner as to render it necessary or
convenient that the supply 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 supply line, posts
or equipment accordingly.

(2) If the licensee omits to comply with the requisition, the person may
apply in writing to the Director which may, in his 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
supply line, posts or equipment and 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 Director may consider equitable in the
circumstances of the case.

(3) Whenever the Director 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 Director for the acquisition of such land as is
required for the purposes of the supply line.
572 No. 17 of 2023 Electricity Supply Enactment

(4) The supply line referred to in subsection (3) shall be deemed to be a


work of public utility and the Land Acquisition Ordinance shall be enforced
accordingly.

(5) Whenever a supply line has been laid, or post 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
supply line, post or equipment, and subsections (1) to (4) shall apply to any
such requisition and the cost of executing the removal or alteration shall be
defrayed by the person making the requisition.

Saving of wayleave agreements

23. (1) Nothing in section 19 or 22 shall —


(a) affect the right of a licensee to enter into an agreement,
commonly known as a wayleave agreement, with the owner or
occupier of any land for the purpose of carrying a supply line
across the land; or
(b) affect any such wayleave agreement subsisting at the
commencement of this Enactment.

(2) Notwithstanding any written law relating to land, the Registrar, upon
the production to him of the original and the deposit with him of a certified
copy of any such wayleave agreement as is referred to in subsection (1), shall
cause to be made on the title relating to the land affected by the wayleave
agreement a note of the existence of the wayleave agreement.

(3) So long as there remains on the title a note made pursuant to subsection
(2), all dealings with the land to which the note relates shall be deemed to
be subject to the rights of the licensee under and by virtue of the wayleave
agreement in respect of which the note has been made.
Electricity Supply Enactment No. 17 of 2023 573

Compensation

24. (1) The amount of compensation, if any, payable under section 19 or 21


shall be assessed by the Collector after such enquiry as he deems sufficient
and the assessment shall be in the form set out in the Third Schedule.

(2) 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 Government or by any local authority unless it is proved that the tree
was in existence prior to the construction of the road.

(3) Any person aggrieved with the Collector’s assessment may within
twenty-one days after the assessment appeal to the Director whose decision
shall be final.

Reduction or cessation of supply: liability

25. (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
574 No. 17 of 2023 Electricity Supply Enactment

the case may be, or from his faulty construction of the installation.

(4) Without prejudice to subsection (3), the licensee shall rectify and repair
any damage to ensure continuation of the supply of electricity and, where
applicable, compensate for any damage within the period of time as directed
by the Commission if it is shown to have resulted from the negligence of the
licensee, his agents or servants, as the case may be.

Restriction of use to specified purposes

26. 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

27. 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
28. (1) Before the completion of a new installation, other than 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.

(2) The Commission shall cause inspection and tests to be made within
the prescribed period and, if the installation satisfies the requirements of this
Enactment, shall issue or cause to be issued a Certificate of Registration in
the prescribed form.

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


Electricity Supply Enactment No. 17 of 2023 575

installation excluded under subsection (1) unless the installation is registered


on a valid Certificate of Registration.

(4) 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 and thereafter, if the owner or licensee wishes to operate
the installation again, the installation shall be treated in all aspects as if it is
a new installation.

(5) A Certificate of Registration may be cancelled in accordance with


regulations made under section 110.

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


permission of the Commission.

(7) Any person who fails or neglects to register any installation commits
an offence and shall, on conviction, be liable to a fine not less than fifty
thousand ringgit and not exceeding two hundred fifty thousand ringgit, and in
the case of a continuing offence, to a further fine not exceeding one thousand
ringgit for every day or part of a day during which the offence continues after
conviction.

Periodical inspections of installations

29. (1) Subject to any exemption granted under this Enactment, any person
who intends to construct, extend or alter any installation shall give notice of
the proposed construction, extension or alteration to the Commission and
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


576 No. 17 of 2023 Electricity Supply Enactment

construction, extension or alteration of any installation shall afford full


facilities for inspection during working hours.

System Operator

30. (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
Enactment.

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


Enactment, shall ensure non-discriminatory conduct and optimal and
economical 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

31. (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 Enactment.
Electricity Supply Enactment No. 17 of 2023 577

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


Enactment, shall ensure non-discriminatory conduct and optimal and
economical 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.

PART V
COMPETENT CONTROL

Persons in charge

32. (1) No electrical installation or plant or equipment 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 in
the case of a continuing offence, to a further fine not exceeding one thousand
ringgit for every day or part of a day during which the offence continues after
conviction.

PART VI
EFFICIENT USE OF ELECTRICITY

Minister to prescribe standards, etc.


33. The Minister may, from time to time, prescribe the standards,
578 No. 17 of 2023 Electricity Supply Enactment

specifications, practices and measures to be adopted and any other matters


in respect of the efficient use of electricity.

Installation to meet requirements


34. 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.

Equipment to meet requirements

35. 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

36. No person shall provide any service relating to efficient use of electricity
unless registered under this Enactment.

PART VII
SUPPLY BY LICENSEE

Duty to supply on request


37. (1) Subject to the following provisions of this Part and any regulations
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 the premises; and
(b) so far as may be necessary for that purpose, provide supply lines
or any electrical plant or equipment.
Electricity Supply Enactment No. 17 of 2023 579

(2) Where any person requires a supply of electricity under subsection (1)
he shall give to the licensee a notice specifying —
(a) the premises in respect of which the supply is required;
(b) the day on which the supply is required to commence;
(c) the maximum power which may be required at any time; and
(d) the minimum period for which the supply is required to be given.

(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 the premises;
(b) the giving of the supply requires the provision of supply lines
or electrical plant or equipment; 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 39(1) or by a special
agreement under subsection 45(1), and specify the tariff or the
proposed terms of the agreement;
(c) specify any payment which the person shall be required to make
under subsection 41(1); and
(d) specify any security which the person shall be required to give
under section 42.
580 No. 17 of 2023 Electricity Supply Enactment

(5) In this section and in sections 38 to 45 of this Part —


(a) any reference to giving a supply of electricity includes a reference
to continuing to give such a supply;
(b) any reference to requiring a supply of electricity includes a
reference to requiring such a supply to continue to be given; and
(c) any reference to the provision of a supply line or an item of
electrical plant or equipment is a reference 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 Enactment; 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


38. Nothing in subsection 37(1) shall be taken as requiring a licensee to give
a supply of electricity to any premises if —

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


by another licensee and such supply is given whether wholly or
partly through the licensee’s supply lines and electrical plant or
equipment;
Electricity Supply Enactment No. 17 of 2023 581

(b) the premises, being a domestic, commercial or industrial


premises —
(i) is located on land without the consent of the land owner;
(ii) has not been approved pursuant to or is in contravention
of the Local Government Ordinance 1961 [No.11 of 1961]
and Town and Country Planning Ordinance [Cap.141]; or
(iii) is in contravention of any other written law;

(c) 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 state
or national level, emergency, riot, civil disturbance or war, or
any other similar event not within the control of the licensee;

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


involve his breach of any regulations under this Enactment; or
(e) 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,
if the premises are not occupied, unless the licensee has given
to the owner or to the occupier a notice of not less than seven
working days of his intention to discontinue the supply of
electricity.

Power to fix tariffs and charges

39. (1) The Commission may, with the approval of the Minister, determine
tariffs and charges to be levied 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
582 No. 17 of 2023 Electricity Supply Enactment

charges;
(b) the duration for the imposition of tariffs and charges and for the
review of the tariffs and charges; and
(c) the submission of any information as the Commission deems
requisite and necessary.

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


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

(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 45, a licensee shall not show undue
preference or discrimination as among consumers or persons similarly situated
Electricity Supply Enactment No. 17 of 2023 583

having regard to the place and time of supply, the quantity of electricity
supplied, the consumer load and power factor, and the purpose for which the
supply is taken.

Licensee may levy surcharge

40. Notwithstanding any other provisions in this Enactment, 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

41. (1) Where any supply line or electrical plant or equipment is provided by
a licensee pursuant to subsection 37(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

42. (1) A licensee may require any person who requires a supply of electricity
pursuant to subsection 37(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,
584 No. 17 of 2023 Electricity Supply Enactment

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

43. Notwithstanding any other provisions in this Enactment, 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 42.

Supply agreement with consumer

44. (1) A person who requested for a supply of electricity from a licensee
after the date of coming into operation of this Enactment 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

45. (1) Notwithstanding anything contained in sections 37 to 42, a person or


a licensee who requires a supply of electricity pursuant to subsection 37(1)
may enter into a special agreement with the licensee for the supply on such
terms as may be specified in the agreement.
Electricity Supply Enactment No. 17 of 2023 585

(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 37 to 42.

(3) Notwithstanding the provisions of subsection (2), subsection 37(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

46. (1) A dispute between two or more persons regarding any matter under
sections 25, 37 to 45 and 50 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.

(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 25,
37 to 45 and 50 between a licensee and a person requiring a supply of
electricity, the licensee shall continue to give the supply of electricity until
the determination of the dispute.

(5) Any order under subsection (2) may include a provision requiring either
party to pay the costs or expenses incurred by the Commission in determining
the dispute.
586 No. 17 of 2023 Electricity Supply Enactment

Notification of dispute and binding decision by the Commission

47. (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 46(1).

(2) The committee established by the Commission under subsection 46(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 thinks fit.

(4) The terms and conditions under subsection (3) shall be in writing and
accompanied by the grounds for the committee’s decision.

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


Commission and be binding on the parties.

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

(7) The judgment under subsection (6) can only be entered if a certificate
has been issued by the Commission to any party for leave to proceed to the
Court for the enforcement of the decision but no certificate is required if an
action is taken by the Commission under this section.
Electricity Supply Enactment No. 17 of 2023 587

Register of decisions

48. (1) The Commission shall maintain a register of all decisions made under
section 47.

(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

49. (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

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


his supply of electricity whether wholly or partly by reference to the quantity
of electricity supplied, the supply shall be given through, and the quantity of
588 No. 17 of 2023 Electricity Supply Enactment

electricity shall be ascertained by, an appropriate meter.

(2) 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 Enactment, as the case may be.

(3) The meter shall be provided by the licensee supplying electricity,


whether by way of sale, hire or loan.

(4) 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.

(5) 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 (3) and (4) the licensee supplying electricity
may refuse to give or may discontinue the supply.

(6) 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 VIII
NOTIFICATION OF ACCIDENT OR FIRE

Serious accidents to be reported to, and investigated by the Commission

51. (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 electrical installation or plant or equipment, the owner or licensee
Electricity Supply Enactment No. 17 of 2023 589

and the management thereof shall report the accident or fire to the Commission
by the quickest means available, and subsequently, with the least possible
delay, shall report in writing to the Commission the facts of the matter so far
as they are known to them respectively.

(2) The Commission shall, as soon as practicable, upon receipt of the first
report direct an authorized officer to —
(a) visit the place where the accident or fire occurred;
(b) make a preliminary investigation of the circumstances;
(c) record in writing his findings which may be supported by
relevant photographs, upon the investigation;
(d) be provided with photographs, medical reports or other relevant
documents from any person or authority without any payment
of fees and such person or authority shall comply with such
request thereof;
(e) forward his report to the Chief Executive Officer; and
(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 findings
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 electrical installation or 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 Enactment
590 No. 17 of 2023 Electricity Supply Enactment

or any lawful order given by the Commission, or if the authorized officer


making such investigation is satisfied that the accident or fire might have
been prevented if proper precautions had been taken and observed in the
working of any electrical installation or 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 ten thousand ringgit.

PART IX
SAFETY OF INSTALLATION AND EQUIPMENT

Responsibilities of licensee for safety


52. (1) A licensee who operates and maintains any electricity supply
infrastructure shall comply with any regulations made under this Enactment or
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 Enactment No. 17 of 2023 591

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

Responsibilities of non-domestic electrical installation owner or operator,


licensee for retail and licensee for a private installation for safety

53. (1) A non-domestic electrical installation owner or operator registered


under this Enactment, 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 Enactment, 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 Enactment, 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 three hundred thousand ringgit or to imprisonment for a term not
exceeding three years or to both.

Undertaking electrical work

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


592 No. 17 of 2023 Electricity Supply Enactment

person who undertakes to carry out electrical work shall ensure that such
electrical work complies with any regulations made under this Enactment,
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.

Unauthorized work or activity

55. (1) No person shall without the lawful authority of the licensee 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.

(2) Any person who contravenes subsection (1) 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.

Responsibilities relating to non-electrical work

56. (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 one hundred thousand
ringgit, and in the case of a continuing offence, to 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 Enactment No. 17 of 2023 593

(3) Any person who causes any injury or damage under subsection (1)
shall, in addition to the penalty under subsection (2), be liable to pay full
compensation for the injury or damage, as the case may be, and make good
the damage he has done to the property within a specified time as the court
thinks fit.

(4) For the purpose of subsection (1), “work” includes excavation works.

Compliance inspection

57. (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, non-domestic
electrical installation owner or operator, licensee for retail and licensee
for a private installation, registered manufacturer or importer or registered
conformity assessment body or registered training and examination center
or institution, as the case may be, is in compliance with this Enactment, any
regulations made under this Enactment, codes, guidelines or directions issued
by the Commission under this Enactment, 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

58. For the purposes of this Part —


“electrical infrastructure safety code” means a code developed,
issued and registered by the Commission under section 99 on safety
requirements, appropriate safety and technical standards, operation,
594 No. 17 of 2023 Electricity Supply Enactment

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

PART X
ENQUIRY

Procedure in relation to enquiry

59. (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 is aggrieved by a decision of the Commission under


subsection (1) may apply to the Minister for re-consideration of the matter
in dispute and 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.

(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 which shall
be persons possessing electrical or other special skill and experience drawn
from persons not in the service of the Commission.
Electricity Supply Enactment No. 17 of 2023 595

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


members holding the enquiry.

(5) 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.

(6) 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 subsection (5).

(7) 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

60. For the purpose of holding enquiries under this Enactment, the
Commission or the person appointed by the Minister under subsection 59(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, and persons summoned to attend any such enquiry shall
be legally bound to attend.

PART XI
OFFENCES AND PENALTY

Offences

61. (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
596 No. 17 of 2023 Electricity Supply Enactment

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 injury to
any person or damage to property in respect of any installation or equipment
or part thereof commits an offence and shall, on conviction, be liable to a
fine not exceeding five 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 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, be liable —
(i) in the case of a domestic consumer, to a fine of not
less than one thousand ringgit and not exceeding one
hundred thousand ringgit or to imprisonment for a term
not exceeding one year or to both, and for the second and
subsequent offence to a fine of not less than five thousand
ringgit and not exceeding five 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 twenty thousand ringgit and not exceeding
one million ringgit or to imprisonment for a term not
Electricity Supply Enactment No. 17 of 2023 597

exceeding five years or to both, and for the second and


subsequent offence to a fine of not less than one hundred
thousand ringgit and not exceeding five million ringgit or
to imprisonment for a term not exceeding ten years or to
both.

(4) Any 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 hundred thousand
ringgit or to imprisonment for a term not exceeding three years or to both,
and any such unauthorized supply 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.

(5) 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 one hundred thousand ringgit or to imprisonment for a
term not exceeding one year or to both.

(6) Any person who without lawful consent of the licensee 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
fifty thousand ringgit.

(7) 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 damage any supply line,
post, pole or other equipment, installation or any part thereof,
as the case may be, connected with the supply of electricity,
598 No. 17 of 2023 Electricity Supply Enactment

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


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

(8) Any person who installs any electrical wiring or extension to existing
wiring on any premises without approval in writing from a licensee 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 one year or to
both.

(9) 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 one hundred thousand ringgit or to imprisonment
for a term not exceeding two years or to both.

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


“domestic consumer” means a consumer in domestic installation
supplied or connected with electricity;
“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; and
“non-domestic consumer” means a consumer of electricity other than
domestic consumer.

Offence of attempt and abetment

62. 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 Enactment; or
Electricity Supply Enactment No. 17 of 2023 599

(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 Enactment,
that person commits an offence and shall, on conviction, be punishable with
the punishment provided for such offence under this Enactment provided
that any term of imprisonment imposed shall not exceed half of the longest
term provided for the offence.

Disconnection of supply of electricity

63. (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 61(1), (3) or (9), the licensee or any
person duly authorized by the licensee shall within three working days from
the date of such finding inform the Commission in writing, and the licensee
may, upon giving not less than forty-eight hours’ notice from the same date
in such form as may be prescribed, cause the supply of electricity to be
disconnected from the said premises.

(2) Notwithstanding any other provisions in this Enactment, where a police


officer applies to 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 licensee or any
person authorized by the licensee shall immediately disconnect or cause the
supply of electricity to be disconnected from those premises.

(3) 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.

(4) 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.
600 No. 17 of 2023 Electricity Supply Enactment

(5) Notwithstanding subsection (4), if the supply of electricity has been


disconnected under subsection (2), it shall not be reconnected without the
written permission of a police officer.

(6) The licensee may require the consumer to pay him for the loss of revenue
due to the offence committed under subsections 61(1), (3) and (9) 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 (7), if the licensee does not proceed with a claim for such loss
of revenue and expenses in court, the licensee may only claim against the
consumer for the said loss of revenue and expenses for a period not exceeding
six months retrospectively from the date the offence was discovered under
subsection (1).

(7) 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;
(b) the manner of calculation of the loss of revenue and items of
expenses; and
(c) 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 (6) 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.

(8) The amount stated in the written statement under subsection (7) 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.
Electricity Supply Enactment No. 17 of 2023 601

Liabilities unaffected
64. Except as provided in sections 25 and 27, nothing contained in this
Enactment shall operate to relieve any licensee or management from any
civil or criminal liability arising under this Enactment.

Onus of proof

65. In any prosecution for an offence under subsection 61(3) proof of —


(a) the existence of artificial means which, either alone or in
conjunction with additional artificial means not found, could
be used for altering, or facilitating the alteration, of the index
of any meter or instrument used for registering the quantity of
electricity supplied;

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


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

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


(ii) the absence or removal of any part or connection from; or
(iii) the interference with any part or connection of,
any apparatus in the circumstances that the fitting, absence,
removal or interference would prevent or facilitate the prevention
of any meter or other instrument from duly registering the
quantity of electricity supplied, or would facilitate the dishonest
abstraction, consumption or use of electricity,

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
602 No. 17 of 2023 Electricity Supply Enactment

(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 or mechanical part or


connection or any other such part or connection as
aforesaid;

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


aforesaid;

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


as aforesaid;

(d) the consumer using the meter or instrument;

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


is fixed; or

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


instrument is installed; or

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

Compensation for damage

66. (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 Enactment, 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.
Electricity Supply Enactment No. 17 of 2023 603

(2) Without prejudice to subsection (1), any court before which a person is
charged with an offence under this Enactment may assess the compensation
payable under this section and may make an order for the payment of the
same, and any such order may be enforced as if it were a judgment in a civil
action or suit.

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


Communications and Multimedia Act 1998

67. (1) Notwithstanding any other provisions in this Enactment 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
[Act 588].

(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 Enactment.

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


premises or electricity consumer may choose to be a customer or otherwise
of communication service provided by a person licensed under the
Communications and Multimedia Act 1998 who shall obtain the express
consent of such owner or occupier or consumer before providing the
communication service.
604 No. 17 of 2023 Electricity Supply Enactment

(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 XII
ENFORCEMENT

Interpretation

68. In this Part, “premises” means any place, house or building, stationary or
otherwise, established or set up by any person, whether such place is with or
without enclosure, and includes a vehicle, aircraft, ship and any other vessel.

Authorized officer
69. (1) The Minister may in writing authorize any public officer or officer of
the Commission to exercise the powers of enforcement under this Enactment.

(2) Any such officer shall be deemed to be a public servant within the
meaning of the Penal Code.

Authority card
70. (1) There shall be issued to each authorized officer an authority card to
be signed by the Commission.

(2) Whenever an authorized officer exercises any of the powers under


this Enactment, he shall, on demand, produce to the person against whom
the power is being exercised, the authority card issued to him under
subsection (1).

Power of entry, inspection and examination


71. An authorized officer may, for the purposes of discharging any of his
Electricity Supply Enactment No. 17 of 2023 605

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

Powers of investigation

72. (1) The authorized officer shall have the power to investigate the
commission of any offence under this Enactment or any regulations made
under this Enactment.

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


of any offence committed under this Enactment or any regulations made
under this Enactment, 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.

Search and seizure with warrant

73. (1) If it appears to a Magistrate, upon written information on oath and


after such enquiry as he considers necessary, that there is a reasonable cause
to believe that in any premises any equipment, instrument, article, book,
record, account, document, goods, thing, installation or part thereof have
been used or are about to be used for, or there is in any premises, evidence
necessary to establish, the commission of an offence under this Enactment,
the Magistrate may issue a warrant authorizing an authorized officer or police
officer to whom it is directed, at any reasonable time by day or night and
with or without assistance —
(a) to enter any premises and search for, seize and detain any
equipment, instrument, article, book, record, account, document,
goods, thing, installation or part thereof;
(b) to inspect, make copies of, or take extracts from, any article,
book, record, account or other document so seized and detained;
606 No. 17 of 2023 Electricity Supply Enactment

(c) to take possession of, and remove from the premises, any
equipment, instrument, article, book, record, account, document,
goods, thing, installation or part thereof so seized and detain it
for such period as may be necessary; or
(d) to search any person who is in, or on, such premises, and for the
purpose of the search, detain the person and remove him to such
place as may be necessary to facilitate the search, and seize and
detain any article, book, record, account or document found on
the person.

(2) An authorized officer or police officer acting under subsection (1) may,
if it is necessary to do so —
(a) break open any outer or inner door of the premises and enter
such premises;
(b) forcibly enter any premises and every part thereof;
(c) remove by force any obstruction to the entry, search, seizure,
detention or removal that he is empowered to effect; or
(d) detain any person found on any premises searched under
subsection (1) until the search is completed.

(3) No person shall be searched except by another person of the same


gender, and such search shall be conducted with strict regard to decency.

(4) If, by reason of its nature, size or amount, it is not practicable to remove
any equipment, instrument, article, book, record, account, document, goods,
thing, installation or part thereof seized under this section, the authorized
officer or police officer making the seizure shall, by any means, seal such
equipment, instrument, article, book, record, account, document, goods,
thing, installation or part thereof.

(5) Any person who, without lawful authority, breaks, tampers with or
damages the seal referred to in subsection (4) or removes the equipment,
instrument, article, book, record, account, document, goods, thing, installation
Electricity Supply Enactment No. 17 of 2023 607

or part thereof under seal or attempts to do so 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 six months or to both, and in the
case of a continuing offence, to a further fine not exceeding two thousand
ringgit for every day or part of a day during which the offence continues
after conviction.

Search and seizure without warrant

74. If an authorized officer or police officer is satisfied upon information


received that he has reasonable cause to believe that by reason of delay
in obtaining a search warrant under section 73 the investigation would be
adversely affected or evidence of the commission of an offence is likely to
be tampered with, removed, damaged or destroyed, the authorized officer
or police officer may enter the premises and exercise in, upon and in respect
of the premises all the powers referred to in section 73 in as full and ample
a manner as if he were authorized to do so by a warrant issued under that
section.

Access to computerized data

75. (1) An authorized officer or police officer conducting a search under this
Enactment shall be given access to computerized data whether stored in a
computer or otherwise.

(2) For the purposes of this section, the authorized officer or police officer
shall be provided with the necessary password, encryption code, decryption
code, software or hardware and any other means required to enable the
comprehension of computerized data.

List of things seized

76. (1) Except as provided under subsection (2), where any equipment,
instrument, article, book, record, account, document, goods, thing, installation
or part thereof is seized under this Enactment, the seizing officer shall prepare
608 No. 17 of 2023 Electricity Supply Enactment

a list of the things seized and immediately deliver a copy of the list signed
by him to the occupier of the premises which have been searched, or to his
agent or servant, at the premises.

(2) Where the premises are unoccupied, the seizing officer shall whenever
possible post a list of the things seized conspicuously on the premises.

Power to require attendance of person acquainted with case

77. (1) An authorized officer making an investigation under this Enactment


may, by order in writing, require the attendance before himself of any person
who appears to the authorized officer to be acquainted with the facts and
circumstances of the case, and such person shall attend as so required.

(2) If the person refuses or fails to attend as so required, the authorized


officer may report such refusal or failure to a court who shall issue a summons
to secure the attendance of such person as may be required by the order made
under subsection (1).

Examination of person acquainted with case

78. (1) An authorized officer making an investigation under this Enactment


may examine orally any person supposed to be acquainted with the facts and
circumstances of the case.

(2) Such person shall be bound to answer all questions relating to the case
put to him by the authorized officer, but he may refuse to answer any question
the answer to which would have a tendency to expose him to criminal charge
or penalty or forfeiture.

(3) A person making a statement under this section shall be legally bound
to state the truth, whether or not such statement is made wholly or partly in
answer to the question.

(4) An authorized officer examining a person under subsection (1) shall


Electricity Supply Enactment No. 17 of 2023 609

first inform that person of the provisions of subsections (2) and (3).

(5) A statement made by any person under this section shall, whenever
possible, be reduced into writing and signed by the person making it or
affixed with his thumbprint, as the case may be —
(a) after it has been read to him in the language in which he made
it; and
(b) after he has been given an opportunity to make any correction
he may wish.

Admissibility of statements in evidence

79. (1) Except as provided in this section, no statement made by any person
to an authorized officer in the course of an investigation made under this
Enactment shall be used in evidence.

(2) When any witness is called for the prosecution or for the defence,
other than the accused, the court shall, on the request of the accused or the
prosecutor, refer to any statement made by that witness to an authorized officer
in the course of an investigation under this Enactment and may then, if the
court thinks fit in the interest of justice, direct the accused to be furnished
with a copy of it and the statement may be used to impeach the credit of the
witness in the manner provided by the Evidence Act 1950 [Act 56].

(3) Where the accused had made a statement during the course of an
investigation, such statement may be admitted in evidence in support of his
defence during the course of the trial.

(4) Nothing in this section shall be deemed to apply to any statement


made in the course of an identification parade or falling with in section 27
or paragraphs 32(1)(a), (i) and (j) of the Evidence Act 1950.

(5) When any person is charged with any offence in relation to —


(a) the making; or
610 No. 17 of 2023 Electricity Supply Enactment

(b) the contents,


of any statement made by him to an authorized officer in the course of an
investigation made under this Enactment, that statement may be used as
evidence in the prosecution’s case.

Forfeiture or release of equipment, instrument, etc., seized

80. (1) Any equipment, instrument, article, book, record, account, document,
goods, thing, installation or part thereof seized in exercise of any power
conferred by this Enactment shall be liable to forfeiture.

(2) An order for the forfeiture of any equipment, instrument, article, book,
record, account, document, goods, thing, installation or part thereof shall be
made if it is proved to the satisfaction of the court that an offence under this
Enactment has been committed and that the equipment, instrument, article,
book, record, account, document, goods, thing, installation or part thereof
was the subject matter of or was used in the commission of the offence, even
though no person may have been convicted of such offence.

(3) If there is no prosecution with regard to any equipment, instrument,


article, book, record, account, document, goods, thing, installation or part
thereof seized under this Enactment, such equipment, instrument, article,
book, record, account, document, goods, thing, installation or part thereof
shall be taken and deemed to be forfeited at the expiration period of one
calendar month from the date of service of a notice to the last known
address of the person from whom the equipment, instrument, article, book,
record, account, document, goods, thing, installation or part thereof was
seized indicating that there is no prosecution in respect of such equipment,
instrument, article, book, record, account, document, goods, thing, installation
or part thereof unless before the expiration of that period a claim thereto is
made in the manner set out in subsections (5), (6), (7) and (8).

(4) If no claim is made under subsection (5) within thirty days from the
date of service of the notice referred to in subsection (3), the equipment,
instrument, article, book, record, account, document, goods, thing, installation
or part thereof seized under this Enactment shall be taken and deemed to be
Electricity Supply Enactment No. 17 of 2023 611

forfeited at the expiration of that period.

(5) Any person asserting that he is the owner of the equipment, instrument,
article, book, record, account, document, goods, thing, installation or part
thereof referred to in subsection (3) and that it is not liable to forfeiture may
personally or by his agent authorized in writing, give written notice to the
authorized officer in whose possession such equipment, instrument, article,
book, record, account, document, goods, thing, installation or part thereof is
held that he claims the equipment, instrument, article, book, record, account,
document, goods, thing, installation or part thereof.

(6) On receipt of the notice referred to in subsection (5), the authorized


officer shall refer the claim to a Magistrate.

(7) The Magistrate to whom a matter is referred under section (6) shall
issue a summons requiring —
(a) the person asserting that he is the owner of the equipment,
instrument, article, book, record, account, document, goods,
thing, installation or part thereof; and
(b) the person from whom the equipment, instrument, article, book,
record, account, document, goods, thing, installation or part
thereof was seized,
to appear before him, and when they appear or they fail to appear, due service
of the summons having been proved, the Magistrate shall proceed to the
examination of the matter.

(8) If it is proved that an offence under this Enactment has been committed
and that equipment, instrument, article, book, record, account, document,
goods, thing, installation or part thereof was the subject matter of or was used
in the commission of such offence, the Magistrate shall order the equipment,
instrument, article, book, record, account, document, goods, thing, installation
or part thereof to be forfeited, and shall, in the absence of such proof, order
its release.

(9) Any equipment, instrument, article, book, record, account, document,


612 No. 17 of 2023 Electricity Supply Enactment

goods, thing, installation or part thereof forfeited or deemed to be forfeited


shall be delivered to the Commission and shall be disposed of in accordance
with the directions of the Magistrate.

Cost of holding equipment, instrument, etc., seized

81. If any equipment, instrument, article, book, record, account, document,


goods, thing, installation or part thereof seized under this Enactment is held
in the custody of the Government or the Commission pending completion
of any proceedings in respect of an offence under this Enactment, the cost of
holding it in custody shall, in the event of any person being found to commit
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.

No cost or damages arising from seizure to be recoverable

82. No person shall, in any proceedings before any court in respect of any
equipment, instrument, article, book, record, account, document, goods, thing,
installation or part thereof seized in the exercise or the purported exercise of
any power conferred under this Enactment, be entitled to the costs of such
proceedings or to any damages or other relief unless such seizure was made
without reasonable cause.

Obstruction

83. Any person who —


(a) refuses any authorized officer or police officer access to any
premises which the authorized officer or police officer is entitled
to have under this Enactment or in the execution of any duty
imposed or power conferred by this Enactment;
(b) assaults, obstructs, hinders or interferes with any authorized
officer or police officer in the execution of his duty imposed or
power conferred by this Enactment;
Electricity Supply Enactment No. 17 of 2023 613

(c) refuses to give any authorized officer or police officer any


information relating to an offence or suspected offence under
this Enactment or any other information which may reasonably
be required of him and which he has in his knowledge or power
to give; or
(d) knowingly give false information,
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, and in the case of a continuing offence, to a further fine not
exceeding one thousand ringgit for every day or part of a day during which
the offence continues after conviction.

Authorized officer may seek assistance to examine things relating to


offence

84. An authorized officer may seek the assistance from any person who has
the necessary qualifications to examine the equipment, instrument, article,
book, record, account, document, goods, thing, installation or part thereof
seized or retained under this Enactment for the purposes of an investigation
under this Enactment.

Reward for information

85. 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 half of such fine in such
proportion as the court deems fit to the person who gave the information
leading to the conviction.

PART XIII
GENERAL

Offences committed by body corporate


86. (1) Where a body corporate commits an offence under this Enactment,
614 No. 17 of 2023 Electricity Supply Enactment

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 to have committed the offence,
shall be deemed to have committed 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 Enactment 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 or agent of his, or of the employee of such agent if the act,
omission, neglect or default was committed —
(a) by that person’s employee in the course of his employment;
(b) by the agent when acting on behalf of that person; or
(c) by the employee of such agent in the course of his employment
or otherwise on behalf of the agent.

Compounding of offences

87. (1) The Chief Executive Officer may compound any offence committed
by any person under this Enactment which prescribed to be a compoundable
offence by making a written offer to such person to compound the offence
on payment to the Commission of an amount not exceeding fifty per cent of
Electricity Supply Enactment No. 17 of 2023 615

the amount of the maximum fine for that offence within the time specified
in the offer.

(2) An offer under subsection (1) may be made at any time after the offence
has been committed, but before any prosecution for it has been instituted.

(3) If the amount specified in the offer made under subsection (1) is not
paid within the time specified in the offer or within such extended period 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 (1), no


prosecution shall be instituted in respect of the offence against the person
to whom the offer to compound was made, and the equipment, instrument,
article, book, record, account, document, goods, thing, installation or part
thereof seized in connection with the offence may be released or forfeited
by the Chief Executive Officer, subject to such terms and conditions as he
thinks fit.

(5) All sums of moneys received by the Commission under this section
shall be paid into and form part of the State Consolidated Fund.

Prosecution

88. No prosecution shall be instituted for an offence under this Enactment


except by or with the consent in writing of the Public Prosecutor.

General penalty

89. (1) Any person who commits an offence under this Enactment for which
no penalty is expressly provided shall, on conviction, be liable to a fine not
exceeding one hundred thousand ringgit or to imprisonment for a term not
exceeding one year or to both, and in the case of a continuing offence, to a
further fine not exceeding one thousand ringgit for every day or part of a day
during which the offence continues after conviction.
616 No. 17 of 2023 Electricity Supply Enactment

(2) Any body corporate which commits an offence under this Enactment for
which no penalty is expressly provided shall, on conviction, be liable to a fine
not exceeding five hundred thousand ringgit, and in the case of a continuing
offence, to a further fine not exceeding five thousand ringgit for every day
or part of a day during which the offence continues after conviction.

Precautions in execution of work

90. (1) The execution of all work in connection with the generation,
transmission, distribution 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 Enactment.

Audit of licensees or non-domestic electrical installations owners or


operators
91. (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 IX of this Enactment or any information which a licensee or non-domestic
electrical installation owner or operator furnishes to the Commission.

(2) The audit shall be conducted in accordance with any codes, guidelines
or directions issued by the Commission under this Enactment.

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


non-domestic electrical installation owner or operator that are subject to an
audit.
Electricity Supply Enactment No. 17 of 2023 617

(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 108;
(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

92. 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 Enactment.

Keeping of records and documents

93. 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
618 No. 17 of 2023 Electricity Supply Enactment

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 or Federal Government


signalling lines

94. (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 Government or Federal Government, 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.

(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 Government or Federal Government, as the case may be, provided
that no claim shall be allowed and no compensation shall be paid where
Electricity Supply Enactment No. 17 of 2023 619

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 Government or Federal Government, as the case may be,
and the licensee, be determined by the court.

Precautions against atmospheric electricity

95. Any department of the Government or Federal 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 made under this
Enactment.

Restriction of connection with the earth

96. (1) No person shall, in the generation, transmission, distribution, 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 made under this
Enactment, provided in the relevant codes issued under this Enactment or
be expressly permitted by the Commission.

(2) In the event of any breach of subsection (1), the Commission may by
written order require the licensee or owner to remove the connection and may
prohibit the use of any supply line or works or installation until the order is
complied with, and every such order shall be complied with by the person
concerned.

Procedure in case of dangerous defect in installation or part thereof

97. (1) Subject to subsection (2), in the event of the Commission finding that
620 No. 17 of 2023 Electricity Supply Enactment

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 according to the standard or prudent
utility practices as may be determined by the Commission.

(2) 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 and 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.

(3) 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.

(4) 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 revoke the licence.

(5) 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
revocation of a licence under this section.

(6) Any person who contravenes or fails to comply with subsections (1),
Electricity Supply Enactment No. 17 of 2023 621

(2) and (3) commits an offence under this Enactment.

Prohibition of employment of children

98. (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 ten thousand ringgit.

Development of codes by the Commission and compliance of the codes

99. (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 and non-domestic electrical installation owners or operators


shall comply with the codes.

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


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

Retention of documents by Commission

100. (1) Any licensee or non-domestic electrical installation owner or


622 No. 17 of 2023 Electricity Supply Enactment

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

101. (1) The Commission may, from time to time, issue guidelines or
directions on any matter as provided under this Enactment to any licensee,
non-domestic electrical installation owner or operator, registered manufacturer
or importer, competent person or any other person.

(2) The Commission may, from time to time, issue any direction in writing
to any licensee, non-domestic electrical installation owner or operator,
registered manufacturer or importer, competent person or any other person
on the compliance or non-compliance of the Enactment or any regulations
made under the Enactment, conditions of licences, including the remedying
of a breach of a licence condition or on any other matter requiring the making
of a direction or specifically to be made the subject of a direction under this
Enactment in accordance with such procedures as may be prescribed.
Electricity Supply Enactment No. 17 of 2023 623

(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 other person
shall comply with the guidelines and directions.

Variation, review or revocation of codes, guidelines or directions by the


Commission

102. (1) The Commission may vary, review or revoke any codes, guidelines
or directions issued under this Enactment.
(2) The procedures set out in subsections 101(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

103. A person who fails to comply with any codes, guidelines or directions
of the Commission issued under this Enactment commits an offence and
shall, on conviction, be liable to a fine not exceeding two hundred thousand
ringgit or to imprisonment for a term not exceeding two years or to both.

Register of codes, guidelines or directions


104. The Commission shall maintain a register of all codes, guidelines or
directions issued by the Commission under this Enactment, including any
variation, review or revocation of the codes, guidelines or directions.

Special powers of emergency


105. (1) The Yang di-Pertuan Agong may on the occurrence of any industrial
624 No. 17 of 2023 Electricity Supply Enactment

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

106. (1) Subject to the provisions of the Sabah Water Resources Enactment
1998 [No.6 of 1998], the Minister may, at the request of the Commission on
behalf of any licensee, by order, declare any lake, river or waterway or any part
thereof to be a source of water for the purposes of the licensee as stipulated
in the terms and conditions of his licence and, in making the declaration, the
Minister may impose such conditions and restrictions as he 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
Electricity Supply Enactment No. 17 of 2023 625

(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 Minister 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
ten thousand ringgit, and in the case of a continuing offence, to a further
fine not exceeding five hundred ringgit for every day or part of a day during
which the offence continues after conviction.

(6) Notwithstanding any declaration made under subsection (1), nothing in


this section shall affect any licence granted not less than twenty-five years
before the date of the declaration under any written law to divert water from
any lake, river or waterway, for the purpose of a public installation, the
holder of which has not, in the opinion of the Minister, 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

107. (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 Enactment.
(2) The licensee shall —
626 No. 17 of 2023 Electricity Supply Enactment

(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 Enactment and any regulations made under
this Enactment shall not be jeopardized thereby,
and shall report to the Commission within the time specified by the
Commission, and in the event of any incident which interferes or affects
the performance of the activities under the licence, report such incident
immediately to the Commission and other relevant authorities.

(3) Any licensee who fails, neglects to comply with or contravenes any
provision of this section commits an offence and shall, on conviction, be liable
to a fine not exceeding three hundred thousand ringgit or to imprisonment
for a term not exceeding three years or to both.

(4) For the purposes of this section —


“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; and
Electricity Supply Enactment No. 17 of 2023 627

“supporting network infrastructure” refers to relevant connection,


network devices, hardware and software that provides network
services in supporting business functions.

Obligation to give information

108. (1) The Commission may authorize any of its officer to obtain any
information pertaining to the licensee or any other person under this
Enactment and shall be given access to such information whether stored in
a computer or otherwise.

(2) Any officer authorized by the Commission under subsection (1)


shall have the power to require the production of records, accounts, data,
computerized data and documents kept by a licensee or any other person
and to inspect, examine and to download from them, make copies of them
or take extracts from them.

(3) For the purposes of this section, “access” includes being provided
with the necessary password, encryption code, decryption code, software
or hardware and any other means required to enable comprehension of
computerized data.

(4) Any person who refuses to give any information which may reasonably
be required of him under subsection (1) and which he has in his knowledge
or power to give commits an offence and shall, on conviction, be liable to
a fine not exceeding one hundred thousand ringgit or to imprisonment for a
term not exceeding two years or to both.

Exemptions

109. (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
Enactment or any regulations made or codes issued under this Enactment
for any period as specified —
(a) any installation or part thereof owned by or worked by or on
628 No. 17 of 2023 Electricity Supply Enactment

behalf of licensee; or
(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.

Power to make regulations

110. (1) The Minister may make regulations in respect of any matter which
may be prescribed under this Enactment and in particular —
(a) the procedures for the Commission in the exercise of its
functions, duties and powers under this Enactment;
(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;
(e) the standards to be adopted for measurement of the dimensions
of any installation or equipment;
Electricity Supply Enactment No. 17 of 2023 629

(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 Enactment;
(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 contractors, electrical services contractors, electrical
repair contractors, electrical sign contractors, switch board
manufacturers and competent persons, and to prescribe fees for
such registration;
(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
630 No. 17 of 2023 Electricity Supply Enactment

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, generating unit or motor;
(p) the manner of determination of disputes and holding enquiries
under this Enactment;
(q) the form of notices and the manner of service thereof;
(r) the appraisal and approval, where necessary, of any domestic
or other equipment to be manufactured, imported, displayed,
sold, advertised, installed or used and to prescribe fees to be
paid thereof;
(s) the provisions for the licensees with respect to matters pertaining
to —
(i) the inspection of any installation or part thereof;
(ii) the erection and fixing of public lamps;
(iii) the disconnection of supplying of electricity; and
(iv) any other matter connected therewith;

(t) the submission of financial statements and audited reports by


the licensees;
(u) the manner of execution of works in connection with the
generation or supply of electricity without prejudice to public
or private safety;
(v) the means to be adopted, whether by prohibition or otherwise,
to prevent or abate any nuisance likely to arise or arising from
the working of any installation, plant or equipment;
(w) the fees payable in respect of the inspection, testing and
maintenance of consumers’ installations and apparatus, of the
Electricity Supply Enactment No. 17 of 2023 631

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;
(y) the standards, specifications, practices and measures to be
adopted and any other matter relating to the efficient use of
electricity;
(z) the standards, specification, practices and measures to be adopted
and any other matters relating to power quality;
(aa) matters relating to metering, prepaid metering, metering
infrastructure, telemetering, equipment, electrical product and
consumer electrical equipment;
(bb) matters relating to use of supply line for the purposes of
communications as set out under section 67;
(cc) in respect of the import and manufacture of consumer electrical
equipment, the registration of importers and manufacturers
and conformity assessment bodies pertaining to the consumer
electrical equipment, training and examination center or
institution and to prescribe fees for such registration;
(dd) matters relating to the Electricity Fund;
(ee) matters relating to the licensing under the Enactment;
(ff) all functions, duties and responsibilities of the System Operator
632 No. 17 of 2023 Electricity Supply Enactment

and the Single Buyer;


(gg) 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;
(hh) the fees payable in respect of efficient use of electricity by
equipment and approval thereof;
(ii) matters relating to registration of person providing service
relating to efficient use of electricity and the payment of fees
for processing application and registration;
(jj) matters and period of time for keeping of records and documents;
and
(kk) any other matter generally to give effect to the provisions of this
Enactment.
(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 one hundred thousand ringgit or imprisonment for a term not
exceeding two years, or both, for such offence.

PART XIV
SAVINGS AND TRANSITIONAL

Savings and transitional

111. (1) For the purpose of this section, “Act” means the Electricity Supply
Act 1990 [Act 447].

(2) Any order, code, guideline, direction or notification made or issued


under the Act and in force or having effect before the date of coming into
operation of this Enactment shall be deemed to have been made or issued
under this Enactment and shall continue to remain in full force and effect
in relation to the person to whom the order, code, guideline, direction or
notification is applied until amended or revoked.
Electricity Supply Enactment No. 17 of 2023 633

(3) Any application, approval, licence, certificate, registration, consent,


decision, permission, specification, recommendation, requirement or
other executive act granted or done under the Act in force or having
effect before the date of coming into operation of this Enactment
shall be deemed to have been granted or done under this Enactment
and shall continue to remain in full force and effect in relation to
the person to whom the application, approval, licence, certificate,
registration, consent, decision, permission, specification, recommendation,
requirement or other executive act is applied until amended or revoked.

(4) Any pending appeal to the Minister under section 18 of the Act and its
subsidiary legislation shall be continued or completed under the Act.

(5) Any pending application, approval or decision made under the Act
before the date of coming into operation of this Enactment shall be dealt
with by the Commission under this Enactment.

(6) All transactions, financial securities, dealings, contracts, powers of


attorney or arrangements lawfully executed or entered into and all business
lawfully done under the Act with any person shall be deemed to have been
lawfully and validly executed, entered into or done under this Enactment.

(7) This Enactment shall not affect any person’s liability to be investigated,
prosecuted or punished for offences committed under the Act before the date
of coming into operation of this Enactment.

(8) Any pending legal proceedings, criminal prosecution or investigation


shall be continued under the Act under which the proceedings were instituted
as if this Enactment had not been enacted.

(9) Any prescribed fee paid for any application under the Act or its
subsidiary legislation immediately before the date of coming into operation
of this Enactment shall not be refunded.
634 No. 17 of 2023 Electricity Supply Enactment

Existing projects

112. (1) The Federal Government shall continue to have executive authority
with respect to the projects on electricity and matters relating to it, subsisting
immediately before the date of coming into operation of this Enactment, as
described in column (1) and at the location as specified in column (2) of the
Fourth Schedule.

(2) Any deviation of the description of the projects in column (1) of the
Fourth Schedule shall not invalidate or affect the legality of its implementation
in so far as the deviation has no substantial effect and is not calculated to
mislead.
Electricity Supply Enactment No. 17 of 2023 635
FIRST SCHEDULE
[Subsection 19(3)]

ELECTRICITY SUPPLY ENACTMENT 2024

NOTICE OF INTENTION TO ENTER AND DO WORK ON LAND ON NON-STATE


LAND UNDER SECTION 19

To:
Title or other description of land…………………

Take notice that I/we………………………of………………………being the holder of


a licence dated………………………under the Electricity Supply Enactment 2024 am/are
desirous of entering the above-mentioned land for the purpose of (here set out as fully and
accurately as possible what is intended to be done).

Within fourteen days from the date of receipt of this notice you may lodge an objection
in writing with the Collector at……………………………………………………

The Collector 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
636 No. 17 of 2023 Electricity Supply Enactment

SECOND SCHEDULE
[Subsection 19(8)]
ELECTRICITY SUPPLY ENACTMENT 2024
ORDER OF THE COLLECTOR IN RESPECT OF OBJECTION ON THE ENTRY ON
NON-STATE LAND

To:

In the matter of an enquiry held under subsection 19(7) of the Electricity Supply
Enactment 2024 between the licensee and the owner of the land situated on Lot No.………,
Title No.………………………, District of……………………………..….........................

An enquiry has been held on……………… before………………………………the


Collector……………………………in the presence of…………………….on behalf of
the licensee and…………………………………….on behalf of the land owner.

After holding the enquiry it is hereby ordered as follows:


*(a) the licensee is allowed to enter the said land to do the works as specified in the
notice issued under subsection 19(3) of the Electricity Supply Enactment 2024.
*(b) the licensee is allowed to enter the said land to do the works as specified in the
notice issued under subsection 19(3) of the Electricity Supply Enactment 2024
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 19(3) of the Electricity Supply Enactment 2024.

Dated this ……day of ……20……….


.............................................
Collector

*delete whichever is not applicable


Electricity Supply Enactment No. 17 of 2023 637

THIRD SCHEDULE
[Subsection 24(1)]
ELECTRICITY SUPPLY ENACTMENT 2024
ASSESSMENT
To:

In the matter of an enquiry for the payment of compensation under section 19* or 21*
of the Electricity Supply Enactment 2024 between the licensee and the owner of the land
situated on Lot No………………, Title No..………………, District of…………….......

An enquiry has been held on.……...............………….before.......…………………the


Collector…………………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………

...............................................
Collector

*delete whichever is not applicable

FOURTH SCHEDULE
[Section 112]

(1) (2)
Project Location
1. Projek Pengukuhan Sistem Penghantaran Tg. Lipat, Kota Kinabalu
Elektrik Melalui Pembinaan Punca 132kV
Bagi Pencawang Masuk Utama Tg. Lipat,
Kota Kinabalu, Sabah
2. Projek Pengukuhan Sistem Penghantaran Kota Kinabalu
Melalui Pembinaan Pencawang Masuk Utama
132kV Kota Kinabalu, Sabah
638 No. 17 of 2023 Electricity Supply Enactment

3. Projek Pengukuhan Sistem Penghantaran Apas, Tawau


Elektrik Melalui Pembinaan Punca 132kV
Bagi Pencawang Masuk Utama Apas, Tawau,
Sabah
4. Projek Penghantaran - 132/33/11kV PMU Universiti Malaysia Sabah,
UMS, 2X90Mva, Sabah Kota Kinabalu
5. Projek Penghantaran - 132/33/11kV PMU Penampang
Penampang 2X90Mva, Sabah
6. Projek Pembahagian - PPU Kuhara (Sj Tawau), Tawau
Tawau, Sabah
7. Projek Pembahagian - SSU Pirasan, Kota Kota Belud
Belud, Sabah
8. (1) Projek Pembahagian - PPU Sri Indah Dan Wakuba, Tawau
Menaik Taraf Sistem 33kV & 11kV Di PPU
Wakuba Tawau
9 (2) Menyiapkan Baki Kerja Projek Pembahagian Wakuba, Tawau
– Pembinaan PPU Sri Indah Dan Menaik Taraf
Sistem 33kV & 11kV Di PPU Wakuba, Tawau,
Sabah
10. Projek Penghantaran: 132/33/11kV PMU Inanam
Inanam, Kota Kinabalu, Sabah
11. Projek Penghantaran: 132/33kV PMU Bukit Bukit Nenas, Sandakan
Nenas, Sandakan, Sabah
12. (1) Projek Pembahagian: PPU Gudon/ Telipok, Gudon/ Telipok, Kota Kinabalu
Kota Kinabalu, Sabah
13. (2) Menyiapkan Baki Kerja Projek Pembahagian: Gudon/ Telipok, Kota Kinabalu
PPU Gudon/ Telipok, Kota Kinabalu, Sabah
14. Projek Pembahagian - PPU Batu Sapi, Batu Sapi, Sandakan
Sandakan
15. Projek Pembahagian: PPU Tambalugu, Tambalugu, Tuaran
Tuaran, Sabah
16. Projek Pembahagian: Pengubahan Punca Sembulan, Kota Kinabalu
Bekalan PPU Sembulan, Kota Kinabalu,
Sabah
17. Projek Pembahagian: Pengubahan Punca Sipitang, Sipitang
Bekalan PPU Sipitang, Sipitang, Sabah
Electricity Supply Enactment No. 17 of 2023 639

18. Projek Pembahagian: Sibuga, Sandakan


Menaiktaraf Sistem 33kV &11kV Di PPU
Tshun Nyen, PPU Sim-Sim Dan SSU Sibuga,
Sandakan, Sabah
18. Projek Pembahagian: Sibuga, Sandakan
Menaiktaraf Sistem 33kV &11kV Di PPU
Tshun Nyen, PPU Sim-Sim Dan SSU Sibuga,
Sandakan, Sabah
19. Projek Pembahagian: Penambahbaikan Sri Perdana
Kapasiti Transformer PPU Sri Perdana dan
Pembinaan PPU First Palm City, Lahad Datu,
Sabah
20. Projek Penghantaran: 132/33/11kV PMU Karamunsing
Karamunsing, Kota Kinabalu, Sabah
21. Projek Penghantaran : Labuan – Sipitang Papar and Beaufort
132kV Interconnector (Phase 1 Upgrading
Pmu Beaufort To 275kV) Pakej 1
- Menaiktaraf Talian Penghantaran Beaufort
– Papar Ke 275kV, Pmu Papar Dan PPU
Beaufort (Reka Dan Bina) - (Peringkat
Penilaian Tender Untuk Lantikan Kontraktor)
22. Projek Penghantaran : Labuan-Sipitang Labuan - Sipitang
Interconnector Pakej 2: Projek Sambungtara
Sabah Dan Sarawak (Reka & Bina)
23. Projek Penghantaran : Menaiktaraf 132kV Tenom
Stesen Tenom 3X30Mva
24. Projek Penghantaran: Menaiktaraf PMU Dam Lahad Datu
Road, Lahad Datu, Sabah Kepada 275kV Dan
Menaiktaraf SSU Dam Road, Lahad Datu,
Sabah Kepada 132/33/11kV (Reka & Bina)
25. Projek Pembahagian – Mengukuhkan Sistem Kota Kinabalu
33kV Dan 11kV Di Kota Kinabalu, Sabah
26. Projek Pembahagian - Sistem Pengukuhan Labuan
11kV Di Labuan, Sabah
27. Projek Pembahagian - Penambahbaikan Kota Marudu and Pitas
Sistem 33kV Di Kota Marudu Dan Pitas,
Sabah
28. Projek Pembahagian – PPU Sook 33/11kV, Keningau
Keningau
640 No. 17 of 2023 Electricity Supply Enactment

29. Projek Pembahagian – PPU Ranau 33/11kV, Ranau


Ranau
30. Projek Pembahagian – Penambahan Punca Kundasang
Bekalan PPU Kundasang
31. Projek Pembahagian - Penambahan Kapasiti Sipitang
33/11kV Di Sipitang, Sabah
32. Projek Pengukuhan Sistem Pembahagian Donggongon
Elektrik Melalui Pembinaan PPU
Donggongon 33kV/11Kv, Kota Kinabalu,
Sabah (Reka dan Bina)
33. Projek Pengukuhan Sistem Pembahagian Tuaran
Elektrik Melalui Pembinaan PPU Kent
33kV/11kV, Tuaran, Sabah
34. Projek Pengukuhan Sistem Pembahagian Kota Kinabalu
Elektrik Melalui Pembinaan PPU Menggatal
33kV/11kV, Kota Kinabalu, Sabah
35. Projek Pengukuhan Sistem Pembahagian Kayul, Kuala Penyu
Melalui Rehabilitasi PPU 33/11kV Kayul,
Kuala Penyu, Sabah
36. Projek Pengukuhan Sistem Pembahagian Limbawang, Beaufort
Melalui Rehabilitasi PPU 33/11kV
Limbawang, Beaufort, Sabah
37. Projek Pengukuhan Sistem Pembahagian Lakut, Papar
Melalui Rehabilitasi PPU 33/11kV Lakut,
Papar, Sabah
38. Projek Post Blackout - Protection On-Line Beaufort and Labuan
Monitoring
39. Projek Pengukuhan Sistem Pembahagian Kota Kinabalu
Melalui Pembinaan PPU Likas 33kV/11kV,
Kota Kinabalu, Sabah
40. Projek Pengukuhan Sistem Penghantaran Segaliud, Sandakan
Melalui Penambahan Kapasiti Transformer
15MVA Di PMU Segaliud, Sandakan, Sabah
41. Projek Pembahagian - PPU Bukit Nenas, Bukit Nenas, Sandakan
Sandakan, Sabah
42. Projek Post Blackout - Scadarization Of All -
PMU/PPU (26 Nos) And Power Stations (3
Nos)
Electricity Supply Enactment No. 17 of 2023 641

43. Projek Pembahagian: Pengubahan Punca Mowtas and Permai, Sandakan


Bekalan PPU Mowtas Dan PPU Permai,
Sandakan, Sabah
44. Projek Pembahagian - Change Of Supply Nabawan
Source At PPU Nabawan
45. Projek Post Blackout - Transmission Lines, -
Tower And Cable Improvement, Sabah
46. Establish N-1 For Optical Fibre (OPGW) For -
East-West Interconnection Link
47. Fiber Monitoring And Management System -
(FMMS) Secara Reka Bina
48. For East Coast Communication Network Wakuba
PPU Kubota To PPU Wakuba
49. Relocation Of GTM Lm2500 Melawa To Stesen Janakuasa Sandakan
Lahad Datu, Sabah
50. Kerja-Kerja Major Overhaul 5 Unit Genset Ranau
Stesen Kecil Ranau Termasuk Sistem Terlibat
51. Penambahbaikan 3x8MW Bersama Tawau
Penggantian Radiator Stesen Jana Kuasa
Tawau
52. Project Post Blackout - Short Term To Long Pasir Putih, POIC and Labuk
Term Support (Canopy Gensets At Pasir
Putih, POIC And Labuk)
53. Projek Pengukuhan Sistem Penghantaran Upper Padas to Kalumpang,
Melalui Pembinaan Talian 275kV dari Upper Tawau
Padas ke Kalumpang, Tawau (Southern Link)
dan Sambungtara Transborneo
54. Projek Pengukuhan Sistem Penghantaran Dam Road to Warisan, Lahad
Melalui Pembinaan Talian 132kV dari PMU Datu
Dam Road ke PMU Warisan
55. Kajian Prefeasibility dan Feasibility Potensi Sg. Padas
Hidro di Negeri Sabah - Padas River (PD.03)
56. Kajian Prefeasibility dan Feasibility Potensi Sg. Padas
Hidro di Negeri Sabah - Padas River (PD.08)
57. Kajian Prefeasibility dan Feasibility Potensi Sg. Padas
Hidro di Negeri Sabah - Padas River (PD.09)
642 No. 17 of 2023 Electricity Supply Enactment

58. Kajian Prefeasibility dan Feasibility Potensi Sg. Liwagu


Hidro di Negeri Sabah - Liwagu River
(LW.05)
59. Kajian Prefeasibility dan Feasibility Potensi Sg. Wariu
Hidro di Negeri Sabah - Wariu River (WC.05)
60. Kajian Prefeasibility dan Feasibility Potensi Sg. Padas
Hidro di Negeri Sabah - Padas River (PD.14)
61. Kajian Prefeasibility dan Feasibility Potensi Sg. Liwagu
Hidro di Negeri Sabah - Liwagu River
(LW.06)

CERTIFIED by me to be a true copy of the Bill passed by the Legislative


Assembly on Wednesday, the 3rd day of January, 2024.

DATUK SERI PANGLIMA HAJI KADZIM BIN HAJI M. YAHYA,


Speaker,
State Legislative Assembly.

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