Electricity Supply Enactment 2024
Electricity Supply Enactment 2024
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
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
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
PART VIII
NOTIFICATION OF ACCIDENT OR FIRE
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
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
PART XIV
SAVINGS AND TRANSITIONAL
I assent,
PART I
PRELIMINARY
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;
“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];
“generating unit” means any equipment used for, or for purposes connected
with, the generation or production of electricity;
“Minister” means the Minister charged with the responsibility for matters
relating to the supply of electricity;
wiring; or
(c) private dwelling premises;
“power factor” means the ratio of active power to the apparent power;
“public lamp” means an electric lamp used for the lighting of any street
or other public place;
“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;
“State land” has the meaning assigned to it under the Land Ordinance;
have access;
PART II
FUNCTIONS AND POWERS OF THE COMMISSION
(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
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Electricity Fund
5. (1) A fund to be known as the “Electricity Fund” is established and shall
be administered and controlled by the Commission.
(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
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
(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.
(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.
(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.
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
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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
(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.
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
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(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.
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.
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;
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(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.
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.
Commission.
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.
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
(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.
(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.
(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.
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.
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.
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
(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.
(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
(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.
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.
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.
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.
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.
(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.
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.
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.
(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
(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
(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
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.
36. No person shall provide any service relating to efficient use of electricity
unless registered under this Enactment.
PART VII
SUPPLY BY LICENSEE
(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).
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
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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.
(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.
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.
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,
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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.
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) 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.
(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.
(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
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).
(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.
(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 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.
(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.
(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
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.
(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
(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.
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.
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.
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
Interpretation
PART X
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.
(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).
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
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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.
(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.
(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.
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.
(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.
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(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).
(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
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
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(B) that the person or consumer has abetted the offence of the
alteration, prevention, abstraction, consumption or use, as
the case may be.
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.
(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.
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.
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.
(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.
(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
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.
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.
(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.
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.
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.
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.
(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
(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.
(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.
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
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.
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
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.
(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
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.
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(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.
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.
(2) The audit shall be conducted in accordance with any codes, guidelines
or directions issued by the Commission under this Enactment.
(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.
(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.
97. (1) Subject to subsection (2), in the event of the Commission finding that
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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.
(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) Any person who contravenes this section commits an offence and shall,
on conviction, be liable to a fine not exceeding ten thousand ringgit.
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) 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.
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.
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.
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.
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.
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.
(4) Any person dissatisfied with the action taken by the licensee under
subsection (3) may appeal to the Minister whose decision shall be final.
(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.
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.
(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.
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
PART XIV
SAVINGS AND TRANSITIONAL
111. (1) For the purpose of this section, “Act” means the Electricity Supply
Act 1990 [Act 447].
(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.
(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.
(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)]
To:
Title or other description of land…………………
Within fourteen days from the date of receipt of this notice you may lodge an objection
in writing with the Collector at……………………………………………………
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.
...........................
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……………………………..….........................
*(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.
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…………….......
After holding the enquiry it is hereby ordered that the compensation payable by the
licensee to the land owner is as follows:
...............................................
Collector
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