The Negombo Municipal Council V. Fernando.K.J.M

1961 Present: H. N. G. Fernando, J., and L. B. de Silva, J.

THE NEGOMBO MUNICIPAL COUNCIL, Appellant, and K. M. J. FERNANDO,
Respondent

S. C. 48-D. G. Negombo, 18709

Electricity-Contract between a local authority and a consumer, for supply of electric energy-Scope of right of licensee to discontinue supply-Incapacity of licensee to impose conditions not authorised by statute-Electricity Act, No. 19 of 1950, ss. 30, 32, 33, 36, 45, 46, 47, 49, 60, 64 (1)-Municipal Councils Ordinance No. 23 of 1947.

A local authority, when it enters into a contract for the supply of electric energy, is precluded from imposing on the consumer conditions or terms which are not authorised expressly by the provisions of the Electricity Act, No. 19 of 1950, or by regulations framed in accordance with the provisions of section 46 of that Act. The local authority is not entitled to rely upon such unauthorised conditions in order to justify any discontinuance of supply of electric energy in contravention of section 33, even though the consumer has agreed to be bound by them.

Conditions providing (1) for discontinuance of supply of ene

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