1 PART I PRELIMINARY-1. Short title, commencement and application.

(1) This Act may be cited as the Electricity Supply Act 1990 and shall come into force on such date as the Minister may, by notification in the Gazette , appoint.

*(2) This Act shall apply throughout Malaysia; however the Minister may by order suspend the operation of the whole or any of the provisions of this Act in any State.

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

2 PART I PRELIMINARY-2. Interpretation.

In this Act, unless the context otherwise requires-

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

  "arbitration"  means arbitration under and in accordance with section 36;

  "area of supply"  means the area within which a supply authority or licensee is authorized to generate and/or supply electricity;

  "authorized officer"  means any public officer or officer of the Commission who is authorized in writing by the Minister for the purposes of this Act;

  "authorized person"  means a person appointed by the management or the owner of an installation, or by a contractor, acting as an agent for and/or on behalf of the management or owne

3 PART II [Deleted by Act A1116]-3. [Deleted by Act A1116] .

[Deleted by Act A1116]

4 PART III FUNCTIONS, DUTIES AND POWERS OF COMMISSION-4. Functions and duties.

The Commission shall carry out such functions and duties as follows:

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

(b) to exercise regulatory functions in respect of the service of providing electricity by the licensee including the determination of supply and services standards, performance standards and standards of facilities and services and the enforcement thereof;

[Am. by Act A1501/2015]

(c) to promote competition in the generation and supply of electricity to, inter alia, ensure the optimum supply of electricity at reasonable prices;

(d) to exercise regulatory function in respect of the consumers' interests and the enforcement in respect of-

[Subs. by Act A1501/2015]

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

(ii) the continuity of electr

4A PART III FUNCTIONS, DUTIES AND POWERS OF COMMISSION-4A. Authorised officer.

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

(2) Any such officer shall be deemed to be a public servant within the meaning of the Penal Code [Act 574] .

(3) In exercising any of the powers of enforcement under this Act, an authorized officer shall on demand produce to the person against whom he is acting the authority issued to him by the Minister.

[Subs. by Act A1501/2015]

5 PART III FUNCTIONS, DUTIES AND POWERS OF COMMISSION-5. Power of entry by warrant or otherwise, inspection, examination, seizure, etc .

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

[Am. by Act A1116]

(2) In every case where information is given on oath to any magistrate that there is reasonable cause for suspecting that there is in any land, house or building any article, thing, book, document, installation or part thereof used or intended to be used in relation to which any offence under this Act has been committed, he shall issue a warrant under his hand by virtue of which any authorised officer or police officer not below the rank of Inspector named or referred to in t

5A PART III FUNCTIONS, DUTIES AND POWERS OF COMMISSION-5A. Cost of holding things seized.

Where any equipment, instrument, material, book, record, account, document, goods or thing seized under this Act or its subsidiary legislation is held in the custody of the Government or the Commission pending completion of any proceedings in respect of an offence under this Act or its subsidiary legislation, the cost of holding such equipment, instrument, material, book, record, account, document, goods or thing in custody shall, in the event of any person being found guilty of an offence, be a debt due to the Government or the Commission, as the case may be, by such person and shall be recoverable accordingly.

[Ins. by Act A1501/2015]

5B PART III FUNCTIONS, DUTIES AND POWERS OF COMMISSION-5B. Release of things seized.

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

6 PART III FUNCTIONS, DUTIES AND POWERS OF COMMISSION-6. Powers of investigation.

(1) The Commission shall have the power to investigate the commission of any offence under this Act or any regulation made thereunder.

(2) The Commission may, in relation to any investigation in respect of any offence committed under this Act or any regulation made thereunder, exercise the special powers in relation to police investigation except that the power to arrest without warrant given by the Criminal Procedure Code in any seizable offence may not be exercised by the Commission.

[Am. by Act A1116]

7 PART III FUNCTIONS, DUTIES AND POWERS OF COMMISSION-7. [Deleted by Act A1501/2015] .

8 PART III FUNCTIONS, DUTIES AND POWERS OF COMMISSION-8. Obstruction, etc an offence.

Any person who-

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

(b) assaults, obstructs, hinders or delays any authorised officer or police officer not below the rank of Inspector in effecting any entry which he is entitled to effect under this Act, or in the execution of any duty imposed or power conferred by this Act;

(c) refuses to give to any authorised officer or police officer not below the rank of Inspector any information relating to an offence or suspected offence under this Act or any other information which may reasonably be required of him and which he has in his knowledge or power to give; or

[Am. by Act A1116]

(ca) refuses to give any officer of the Commission any information which may reasonably be required of him and which he has in his knowledge or power to give relati

9 PART IV LICENSED AND REGISTERED INSTALLATIONS-9. Licence required for use of installations: terms, conditions and contents of licences.

(1) Subject to any exemptions as may be granted, no person, other than a supply authority, shall-

(a) use, work or operate or permit to be used, worked or operated any installation; or

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

except under and in accordance with the terms of a terms and conditions of a licence as may be prescribed authorizing the supply or use, as the case may be.

[Am. by Act A1501/2015]

(2) Licences may be granted by the Commission with the approval of the Minister upon payment of such fees and upon such terms and conditions as appear to be requisite or expedient having regard to the duties imposed by section 4.

[Am. by Act A1501/2015]

(2A) The Commission may, whether a notice has been served or not, levy a surcharge for the late payment of fees due

10 PART IV LICENSED AND REGISTERED INSTALLATIONS-10. Power to enter on and examine land.

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

(2) Nothing herein contained shall be deemed to authorize any person to cut down or clear away any vegetation or any fence or other erection or to enter into any building or upon any enclosure attached to any building.

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

11 PART IV LICENSED AND REGISTERED INSTALLATIONS-11. Power to enter on land for purposes of construction.

(1) Subject to as hereinafter provided, whenever it is necessary so to do for the purpose of installing any system of distribution of electricity under this Act, a licensee may lay, place or carry on, under or over any land, other than State land, such posts and other equipment as may be necessary or proper for the purposes of the licensed installation, as the case may be, and may take such other action as may be necessary to render the installation safe and efficient, paying full compensation in accordance with section 16 to all persons interested for any disturbance, damage or disability that may be caused thereby and such compensation may include an annual payment for land used for the purpose of the posts or other equipment.

[Am. by Act A1116]

(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

12 PART IV LICENSED AND REGISTERED INSTALLATIONS-12. Supply lines and other equipment on State land.

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

[Subs. by Act A1501/2015]

(2) All equipment placed in or upon State land which is not removed therefrom within six months, or such longer period as the State Government may permit, after the expiration or early determination of the licence under the authority whereof the same was so placed, shall vest in and become the property of the Government of the State wherein the same is situated.

13 PART IV LICENSED AND REGISTERED INSTALLATIONS-13. Maintenance, repair and upgrading of installation.

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

14 PART IV LICENSED AND REGISTERED INSTALLATIONS-14. Removal or alteration of supply line, etc .

(1) Where a supply line has been laid, or posts or equipment erected, on any land under section 11, and if any of the persons mentioned in section 11(3) desires to use the land in such a manner as to render it necessary or convenient that the line, posts or equipment should be removed to another part of the land, or to land at a higher or lower level, or be altered in form, he may require the licensee, to remove or alter the line, posts or equipment accordingly.

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

15 PART IV LICENSED AND REGISTERED INSTALLATIONS-15. Saving of wayleave agreements.

(1) Nothing in section 11 or section 14 shall-

(a) affect the right of a licensee to enter into an agreement, commonly known as a 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 Act.

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

(3) Where a wayleave agreement relates to land which is a holding included in the Interim Register-

(a) subsection (2) shall apply as if

16 PART IV LICENSED AND REGISTERED INSTALLATIONS-16. Compensation.

(1) The amount of compensation, if any, payable under section 11 or 13 shall be assessed by the District Land Administrator after such enquiry as he shall deem sufficient. The assessment shall be substantially in the form set out in the Third Schedule:

Provided further that no compensation shall be payable by the licensee in respect of any tree within fifty feet of the centre line of any road constructed or maintained by the State Government or by any local authority unless it is proved that the tree was in existence prior to the construction of the road.

(2) Any person aggrieved with the District Land Administrator's assessment may within twenty-one days after the assessment appeal to the State Authority whose decision shall be final.

17 PART IV LICENSED AND REGISTERED INSTALLATIONS-17. Reduction or cessation of supply: liability.

(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.

[Am. by Act A1116]

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

[Am. by Act A1116]

(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.

[Am. by Act A1116]

(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

18 PART IV LICENSED AND REGISTERED INSTALLATIONS-18. Security: suspension of and revocation of licence.

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

[Am. by Act A1116]

(2) A licence may at any time be suspended or revoked by the Director General upon breach of any of the conditions thereof or in default of payment of any moneys accrued due thereunder, or if the licensee ceases to work or operate the installation in respect of which the licence has been granted:

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

19 PART IV LICENSED AND REGISTERED INSTALLATIONS-19. Restriction of use to specified purposes.

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.

[Am. by Act A1116]

20 PART IV LICENSED AND REGISTERED INSTALLATIONS-20. Exemption of equipment from distress and attachment.

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.

[Am. by Act A1116]

21 PART IV LICENSED AND REGISTERED INSTALLATIONS-21. Registration of installations.

(1) Before the completion of a new installation, other than an installation belonging to a supply authority or an installation operated or owned by a licensee, the owner of the installation shall forward, in duplicate, to the Commission, an application for registration in the prescribed form.

[Am. by Act A1501/2015]

(1A) The Commission shall cause inspection and tests to be made within the prescribed period and, if the installation satisfies the requirements of this Act, shall issue or cause to be issued a Certificate of Registration in the prescribed form.

[Ins. by Act A1501/2015]

(2) No person shall possess or operate an installation other than an installation excluded under subsection (1), unless the installation is registered on a valid Certificate of Registration.

[Am. by Act A1501/2015]

(3) Certificates of Registration shall be sur

22 PART IV LICENSED AND REGISTERED INSTALLATIONS-22. Periodical inspections of installations.

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

[Am. by Act A1116]

(2) In addition to periodical inspections during construction, extension or alteration and final inspections on completion, all installations, while in operation, shall be subject to such periodical inspections as may be prescribed.

(3) The management or person in charge of any installation or the construction, extension or alteration of any installation shall afford full facilities for inspection during working hours.

22A PART IV LICENSED AND REGISTERED INSTALLATIONS-22A. System Operator.

(1) The Minister may, upon the recommendation of the Commission, authorize or revoke the authorization of any person or a unit, department or division forming part of a licensee to be a System Operator by order published in the Gazette .

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

(3) A System Operator, pursuant to discharging its functions under this Act, shall ensure non-discriminatory conduct and optimal operation of such power system to the extent that it does not compromise the reliability, security and safety of the power system.

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

22B PART IV LICENSED AND REGISTERED INSTALLATIONS-22B. Single Buyer.

(1) The Minister may, upon the recommendation of the Commission, authorize or revoke the authorization of any person or a unit, department or division forming part of a licensee to be a Single Buyer by order published in the Gazette .

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

(3) A Single Buyer, pursuant to discharging its functions under this Act, shall ensure non -discriminatory conduct and optimal operation of such power system to the extent that it does not compromise the reliability, security and safety of the power system.

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

23 PART V COMPETENT CONTROL-23. Persons in charge.

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

(2) Any person who contravenes this section commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit and, if the contravention be continued, to a fine not exceeding one thousand ringgit for everyday or part of a day during which the contravention is continued after conviction.

[Subs. by Act A1501/2015]

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

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

[Ins. by Act A1116]

23B PART VA EFFICIENT USE OF ELECTRICITY-23B. Installation to meet requirements.

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.

[Ins. by Act A1116]

23C PART VA EFFICIENT USE OF ELECTRICITY-23C. Equipment to meet requirements.

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.

[Ins. by Act A1116]

23D PART VA EFFICIENT USE OF ELECTRICITY-23D. Registration of person providing service relating to efficient use of electricity.

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

[Ins. by Act A1501/2015]

24 PART VI SUPPLY BY LICENSEE-24. Duty to supply on request.

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

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

(b) so far as may be necessary for that purpose, provide supply lines or any electrical plant or equipment.

(2) Where any person requires a supply of electricity under subsection (1) he shall give to the licensee a notice specifying-

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

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

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

(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

25 PART VI SUPPLY BY LICENSEE-25. Exceptions to duty to supply electricity.

Nothing in subsection 24(1) shall be taken as requiring a licensee to give a supply of electricity to any premises if-

(a) (i) the supply of electricity is already being given to the premises by another licensee; and

(ii) such supply is given whether wholly or partly through the licensee's supply lines and electrical equipment or plant;

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

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

(ii) has not been approved pursuant to or is in contravention of the Local Government Act 1976 [Act 171] and Town and Country Planning Act 1976 [Act 172] ; or

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

[Ins. by Act A1501/2015]

(b) he is prevented from doing so by the malfunction or failure of any electricity supply infrastructure, electrica

26 PART VI SUPPLY BY LICENSEE-26. Power to fix tariffs and charges.

(1) The Commission may determine tariffs and charges to be levied, with the approval of the Minister, by a licensee.

(2) The Commission may, from time to time, issue guidelines on tariffs and charges including-

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

(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 subse

26A PART VI SUPPLY BY LICENSEE-26A. Licensee may levy surcharge.

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

[Ins. by Act A1116]

27 PART VI SUPPLY BY LICENSEE-27. Power to recover expenses.

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

[Am. by Act A1501/2015]

(2) The expenses reasonably incurred in providing any supply line or electrical plant or equipment under subsection (1) include the capitalised 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.

28 PART VI SUPPLY BY LICENSEE-28. Power to require security.

(1) A licensee may require any person who requires a supply of electricity pursuant to section 24(1) to give him reasonable security for all monies 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,

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 thesecurity 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 monies which are due to him in

28A PART VI SUPPLY BY LICENSEE-28A. Return of security with interest.

Notwithstanding any other provisions in this Act, a licensee shall pay to a person subject to such conditions and at such rates as may be prescribed a sum equivalent to the annual interest on the security given under section 28.

[Ins. by Act A1116]

28B PART VI SUPPLY BY LICENSEE-28B. Supply agreement with consumer.

(1) A person who requested for a supply of electricity from a licensee after the date of coming into operation of this Act shall enter into an agreement with the licensee for the supply of electricity on such terms and conditions as may be specified in the agreement before the electricity is supplied.

(2) An agreement referred to in subsection (1) shall be in the form and substance as approved by the Commission.

[Ins. by Act A1501/2015]

29 PART VI SUPPLY BY LICENSEE-29. Special agreement with respect to supply.

(1) Notwithstanding anything contained in sections 24 to 28, a person or a licensees who requires a supply of electricity pursuant to subsection 24(1) may enter into a special agreement with the licensee for the supply on such terms as may be specified in the agreement.

[Am. by Act A1501/2015]

(2) Where any agreement made pursuant to subsection (1) remains effective, the rights and liabilities of the parties to the agreement shall be determined by the agreement and not by the provisions of sections 24 to 28.

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

(4) Any agreement made between licensees under subsection (1) shall be approved by the Commission.

[Ins. by Act A1501/2

30 PART VI SUPPLY BY LICENSEE-30. Determination of dispute.

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

[Subs. by Act A1501/2015]

(2) If the parties to a dispute cannot or otherwise fail to reach an agreement to resolve the dispute, the parties may seek resolution of the dispute by a committee established by the Commission to hear and resolve disputes:

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

[Subs. by Act A1501/2015]

(3) The practice and procedure to be followed in the determination of any dispute under subsection (2) shall be such as the Commission may consider appropriate.

(4) Pending the determination of any dispute arising under sections 9E, 17, 24 to 29 and 32 between a licensee and a pers

30A PART VI SUPPLY BY LICENSEE-30A. Notification of dispute and binding decision by the Commission.

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

(2) The committee established by the Commission under subsection 30(2) shall only be convened to resolve a dispute if the Commission is satisfied that-

(a) an agreement to resolve the dispute will not be reached or will not be reached within a reasonable time; and

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

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

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

(5) The committee's decision shall be deemed as a decision of the Commission and be binding on the parties.

(6) A decision made

30B PART VI SUPPLY BY LICENSEE-30B. Register of decisions.

(1) The Commission shall maintain a register of all decisions made under section 30A.

(2) The register shall contain-

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

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

the date of the decision.

[Ins. by Act A1501/2015]

31 PART VI SUPPLY BY LICENSEE-31. Fixing of maximum prices for reselling electricity.

(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.

[Am. by Act A1116]

(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.

32 PART VI SUPPLY BY LICENSEE-32. Charge for supply of electricity to be ascertained by appropriate meter.

(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 electricity shall be ascertained by, an appropriate meter.

[Am. by Act A1501/2015]

(1A) The meter shall be installed, calibrated, tested, verified and maintained as may be prescribed or in accordance with any codes or guidelines issued under this Act, as the case may be.

[Ins. by Act A1501/2015]

(2) The meter shall be provided by the licensee supplying electricity, whether by way of sale, hire or loan.

[Am. by Act A1501/2015]

(3) The meter shall be installed on the consumer's licensee's or Single Buyer's premises in a position to be determined by the licensee supplying electricity, unless in certain circumstanc

33 PART VII NOTIFICATION OF ACCIDENT OR FIRE-33. Serious accidents to be reported. Investigation by the Commission.

(1) Whenever any accident or fire causing or resulting in loss of life or hurt to any person or serious damage to property has occurred in connection with any installation or electrical plant or equipment, the owner, licensee or supply authority and the management thereof shall 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

33A PART VIIA SAFETY OF INSTALLATION AND EQUIPMENT-33A. Responsibilities of licensee for safety.

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

(2) A licensee shall prepare a safety management plan dealing with matters as may be prescribed in the electrical infrastructure safety code or in the absence of such code, with standards and prudent utility practices as may be determined by the Commission.

(3) Any licensee who fails to prepare a safety management plan referred to in subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

[Ins. by Act A1501/2015]

33B PART VIIA SAFETY OF INSTALLATION AND EQUIPMENT-33B. Responsibilities of non-domestic electrical installation owner or operator, licensee for retail and licensee for a private installation for safety.

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

(2) A non-domestic electrical installation owner or operator registered under this Act, licensee for retail and licensee for a private installation shall prepare a safety management programme within such time as may be directed by the Commission.

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

(4) A non-domestic

33C PART VIIA SAFETY OF INSTALLATION AND EQUIPMENT-33C. Undertaking electrical work.

(1) A competent person or a person under the control of a competent person who undertakes to carry out electrical work shall ensure that such electrical work complies with any regulations made under this Act, the electrical infrastructure safety code or non-domestic electrical installation safety code, as the case may be, or in the absence of such regulations or codes, with standards and prudent industry practices as may be determined by the Commission.

(2) The person undertaking electrical work under subsection (1) shall ensure that such work shall not cause electricity related injury to any person or damage to any property.

[Ins. by Act A1501/2015]

33D PART VIIA SAFETY OF INSTALLATION AND EQUIPMENT-33D. Responsibilities relating to non-electrical work.

(1) Any person who undertakes any construction, building, renovation or work other than electrical work in the vicinity of electrical installation shall ensure that the work shall not cause interference with the supply of electricity or electricity related injury to any person or damage to any property.

(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding twenty-five thousand ringgit and, in the case of a continuing offence, to a fine not exceeding five hundred ringgit for every day or part of a day during which the offence continues after conviction.

[Ins. by Act A1501/2015]

33E PART VIIA SAFETY OF INSTALLATION AND EQUIPMENT-33E. Compliance inspection.

(1) The Commission may, inspect or cause to be inspected an electricity supply infrastructure, non -domestic electrical installation or the place of business or any activities of a registered manufacturer or importer or of a registered conformity assessment body or a registered training and examination center or institution to ensure the licensee, licensee for retail and licensee for a private installation, non-domestic electrical installation owner or operator, registered manufacturer or importer, registered conformity assessment body or registered training and examination center or institution, as the case may be, is in compliance with this Act, any regulations made under this Act, guidelines, codes or directions issued by the Commission under this Act, the safety management plan and safety management programme, as the case may be.

(2) The Commission may inspect or cause to be inspected any equipment in any premises, building, facility includ

33F PART VIIA SAFETY OF INSTALLATION AND EQUIPMENT-33F. Interpretation.

For the purposes of this Part-

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

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

  "safety management plan"  means the safety, reliability, maintenance and technical management plan in respect of electricity supply

34 PART VIII ENQUIRY AND ARBITRATION-34. Procedure in relation to enquiry and arbitration.

(1) In the event of any difference of opinion between a licensee and an authorised officer or between the management or owner of any installation or equipment and an authorised 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.

[Am. by Act A1116]

(2) Any person who feels aggrieved by a decision of the Commission under subsection (1) may apply to the Minister for reconsideration of the matter in dispute. The application shall be made in writing within twenty-one days from the date of the decision of the Commission, or within such further period as the Minister may in special circumstances allow, and shall contain the grounds of grievance.

[Am. by Act A1116]

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

35 PART VIII ENQUIRY AND ARBITRATION-35. Power of holding enquiry.

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

[Am. by Act A1116]

36 PART VIII ENQUIRY AND ARBITRATION-36. Arbitration.

(1) Where any matter is deemed fit by the Commission under section 30 or required to be determined by arbitration under this Act, the same shall be determined by a board comprising one or three arbitrators chosen by the parties or, if they are unable to agree, by the Chief Judge.

[Am. by Act A1501/2015]

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

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

[Am. by Act A1501/2015]

(4) The remuneration of an arbitrator appointed by the Chief Judge in accordance with this section shall be fixed by

37 PART IX OFFENCES AND PENALTY-37. Offences.

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

[Subs. by Act A1501/2015]

(2) Any person who by any rash or negligent act or omission causes damage to any person or property in respect of any installation or equipment or part thereof commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.

[Subs. by Act A1501/2015]

(3) Any person who in any manner dishonestly-

(a)

37A PART IX OFFENCES AND PENALTY-37A. Offence committed by body corporate.

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

(a) may be charged severally or jointly in the same proceedings with the body corporate; and

(b) if the body corporate is found guilty of the offence, shall be deemed to be guilty of that offence unless having regard to the nature of his functions in that capacity and to all circumstances, he proves-

(i) that the offence was committed without his knowledge, consent or connivance; and

(ii) that h

37B PART IX OFFENCES AND PENALTY-37B. Offence of attempt and abetment.

Where any person-

(a) aids, abets, assists, incites or induces any other person to make or makes on behalf of another person an incorrect return, account, statement or declaration or to commit any offence punishable under this Act; or

(b) attempts to make or to make on behalf of another person an incorrect return, account, statement or declaration or to commit any offence punishable under this Act,

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

[Ins. by Act A1501/2015]

38 PART IX OFFENCES AND PENALTY-38. Disconnection of supply of electricity.

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

[Subs. by Act A1501/2015]

(1A) Notwithstanding any other provisions in this Act, where a police officer not below the rank of Assistant Superintendent applies to a supply authority or a licensee for the disconnection of the supply of electricity to any premises for a period not exceeding one calendar month under section 21A of the Common Gaming Houses Act 1953 [Ac

39 PART IX OFFENCES AND PENALTY-39. Liabilities unaffected.

Except as provided in sections 17 and 20, nothing contained in this Act shall operate to relieve any licensee or management from any civil or criminal liability arising under this Act.

40 PART IX OFFENCES AND PENALTY-40. Onus of proof.

In any prosecution for an offence under section 37(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;

[Am. by Act A1116]

(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

[Am. by Act A1116]

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

(ii) the absence or removal of any part or connection fr

41 PART IX OFFENCES AND PENALTY-41. Compensation for damage.

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

[Am. by Act A1116]

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

42 PART IX OFFENCES AND PENALTY-42. Prosecution.

No prosecution shall be instituted for an offence . under this Act or any regulations made under this Act except by or with the consent in writing of the Public Prosecutor.

[Subs. by Act A1116]

43 PART IX OFFENCES AND PENALTY-43. Compounding.

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

(a) any offence under this Act or its subsidiary legislation as an offence which may be compounded;

(b) criteria for compounding such offence; and

(c) method and procedure for compounding such offence.

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

44 PART IX OFFENCES AND PENALTY-44. Reward for information.

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

44A PART IX OFFENCES AND PENALTY-44A. Use of supply line, etc , for purposes of communications under the Communications and Multimedia Act 1998.

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

44B PART IX OFFENCES AND PENALTY-44B. Contribution by licensee.

(1) A licensee shall, if required by the Minister under any regulations made under this Act or by order published in the Gazette pursuant to the recommendation made by the Commission, allocate and pay into the Electricity Industry Fund, in such manner and at such rates as may be prescribed in such regulations or order.

(2) Upon the recommendation of the Commission, the Minister may suspend or revoke such requirement made under subsection (1).

[Ins. by Act A1501/2015]

44C PART IX OFFENCES AND PENALTY-44C. Electricity Industry Fund.

(1) A fund to be known as the "Electricity Industry Fund" is established and shall be administered and controlled by the Commission.

(2) The Electricity Industry Fund shall consist of-

(a) such sums allocated and paid by a licensee pursuant to section 44B;

(b) such sums as may be provided by the Parliament for the purposes of the Electricity Industry Fund from time to time;

(c) all moneys derived as income from investments made from the Electricity Industry Fund, including interest income; and

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

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

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

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

44D PART IX OFFENCES AND PENALTY-44D. Investment.

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

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

[Ins. by Act A1501/2015]

44E PART IX OFFENCES AND PENALTY-44E. Accounts.

(1) The Commission shall cause proper accounts of the Electricity Industry Fund and proper reports of its activities in respect of the Fund to be kept and shall, as soon as practicable after the end of the financial year of the Commission, cause to be prepared for that financial year-

(a) a statement of accounts which shall include a balance sheet and an account of the contributions and expenditure; and

(b) a statement of its activities.

(2) The Commission shall as soon as practicable send a copy of the statement of accounts certified by the auditors and a copy of the auditor's report to the Minister who shall cause them to be laid before both Houses of Parliament.

[Ins. by Act A1501/2015]

45 PART X GENERAL-45. Precautions in execution of work.

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

[Am. by Act A1501/2015]

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

[Subs. by Act A1501/2015]

45A PART X GENERAL-45A. Audit of licensees and non-domestic electrical installations owners or operators.

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

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

(3) The Commission may determine the class or category of licensee or non-domestic electrical installation owner or operator that are to be subject to an audit.

(4) The licensee or non-domestic electrical installation owner or operator shall establish to the satisfaction of the Commission that such independent expert referred to in subsection (1) has the nece

45B PART X GENERAL-45B. Determination of standards of installation or equipment.

The Commission may determine the standards applicable to any installation or equipment and such standards as may be prescribed in the regulations, codes or guidelines made or issued under this Act.

[Ins. by Act A1501/2015]

45C PART X GENERAL-45C. Keeping of records and documents.

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

[Ins. by Act A1501/2015]

46 PART X GENERAL-46. Electrical interference with Government signalling lines.

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

[Am. by Act A1501/2015]

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

(b) in the case of an unlicensed installation, b

47 PART X GENERAL-47. Precautions against atmospheric electricity.

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

[Am. by Act A1116]

48 PART X GENERAL-48. Restriction of connection with the earth.

(1) No person shall, in the generation, transmission, supply or use of electricity, permit any part of his supply lines to be connected with the earth except as may be prescribed by regulations under this Act, provided in the relevant codes issued under this Act or be expressly permitted by the Commission.

[Am. by Act A1501/2015]

(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.

[Am. by Act A1116]

49 PART X GENERAL-49. Procedure in case of dangerous defect in installation or part thereof.

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

Provided that, if the Commission is of the opinion, that the defect is likely to cause immediate danger, the Commission may, by notice posted or served as aforesaid, forthwith suspend the operation and use of the installation, and if necessary seal the installation or part thereof until the

50 PART X GENERAL-50. Prohibition of employment of children.

(1) No licensee or management shall employ or permit to be employed any person under the age of sixteen years in any service involving management of or attendance on or proximity to live equipment not effectively insulated.

(2) Any person who contravenes this section commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.

[Subs. by Act A1501/2015]

50A PART X GENERAL-50A. Development of codes by the Commission and compliance of the codes.

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

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

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

(4) All licensees, non-domestic electrical installation owners or operators shall comply with the codes.

(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).

[Ins. by Act A1501/2015]

50B PART X GENERAL-50B. Retention of documents by Commission.

(1) Any licensee, non-domestic electrical installation owner or operator upon being directed by the Commission shall furnish document to the Commission failing which the Commission may take possession of the document.

(2) Any document furnished to or taken by the Commission under subsection (1) may be retained as long as necessary by the Commission.

(3) The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Commission to be a true copy.

(4) Until a certified copy is supplied, the Commission may, at such times and places as the Commission thinks appropriate, permit the person otherwise entitled to possession of the document or a person authorized by that person, to inspect and make copies of or take extracts from the document.

(5) If the Commission is satisfied that the retaining of the documents is no longer necessary, the Commission ma

50C PART X GENERAL-50C. Guidelines or directions by Commission.

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

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

(3) The guidelines or directions issued by the Commission under this section shall be registered and shall be effective fr

50D PART X GENERAL-50D. Variation, review or revocation of codes, guidelines or directions by the Commission.

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

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

[Ins. by Act A1501/2015]

50E PART X GENERAL-50E. Offence for non-compliance with codes, guidelines or directions of the Commission.

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

[Ins. by Act A1501/2015]

50F PART X GENERAL-50F. Register of codes, guidelines or directions.

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

[Ins. by Act A1501/2015]

51 PART X GENERAL-51. Special powers of emergency.

(1) The Yang di-Pertuan Agong may on the occurrence of any industrial unrest, strike, lock-out or any other event which gives rise to an emergency or in the interest of public safety, authorize the Commission to-

[Am. by Act A1116]

(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

[Am. by Act A1116]

(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 proo

52 PART X GENERAL-52. Power to declare sources of water.

(1) The State Authority in any State, may, at the request of the Commission on behalf of any licensee, by order declare any lake, river or waterway or any part thereof to be a source of water for the purposes of the licensee as stipulated in the terms and conditions of his licence and, in making the declaration, the State Authority may impose such conditions and restrictions as it deems fit.

[Am. by Act A1116]

(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 function

52A PART X GENERAL-52A. Supply infrastructure information security.

(1) Any licensee as directed by the Commission providing supply of electricity to consumers shall be responsible for the preservation of confidentiality, integrity and availability of its information, information systems and supporting network infrastructure pertaining to its duties and other matters as provided under this Act.

(2) The licensee shall-

(a) take the necessary measures, establish and implement standards and employ the relevant information security controls to prevent, avoid, remedy, recover or restore its information, document, instrument or records stored in its computers and for its operational system by its computers from any risk of-

(i) threat or unauthorised access; and

(ii) intrusion or removal;

(b) take necessary measures to ensure the resiliency of its supporting network infrastructure to minimise business impact against various threats t

52B PART X GENERAL-52B. Obligation to give information.

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

(2) Any officer authorized by the Commission under subsection (1), shall have the power to require the production of records, accounts, data, computerized data and documents kept by a licensee or any other person and to inspect, examine and to download from them, make copies of them or take extracts from them.

(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

53 PART XI POWER TO MAKE REGULATIONS-53. Power to make regulations.

(1) The Minister may make regulations in respect of any matter which may be prescribed under this Act and in particular-

(a) the procedures for the Commission in the exercise of its functions, duties and powers under this Act;

(b) the intervals, times and manner in which any installation or equipment shall be inspected, the notice (if any) to be given in relation to inspections and the preparations to be made by the licensee or any management for inspections;

(c) the minimum standards and specifications which shall be used in the design, construction, protection and maintenance of installations and equipment, the conditions under which any installation or equipment shall be worked or operated and the prohibition of the use of dangerous equipment;

(d) the manner in which electricity shall be measured and the standards of measurement which shall be employed and the manner in

54 PART XII MISCELLANEOUS-54. Exemptions.

(1) The Minister may upon the recommendation of the Commission, by notification in the Gazette exempt from any or all of the provisions of this Act or any regulation made or codes issued thereunder for any period as specified-

(a) any installation, or part thereof, owned by or worked by or on behalf of any supply authority or licensee;

(b) any other particular class of installation, plant or equipment, and may, by similar notification, cancel any exemption so notified.

[Am. by Act A1501/2015]

(2) The Commission may recommend to the Minister the conditions to be applicable to an exemption granted under subsection (1).

[Ins. by Act A1501/2015]

(3) Except as otherwise provided in the exemption, an exemption under subsection (1) may be varied or revoked.

[Ins. by Act A1501/2015]

55 PART XII MISCELLANEOUS-55. Transitional provision and restrictions attached to licences issued prior to this Act.

(1) Any licence for any private or public installation granted to any person under any written law promulgated prior to this Act shall be deemed to have been granted under this Act and shall remain valid until it is revoked under this Act and the provisions of this Act shall apply to such person as if he were a licensee under this Act.

(2) Notwithstanding anything contained in any licence for a public installation issued under any written law promulgated prior to this Act, no holder of any such licence shall, without the prior approval of the Commission-

[Am. by Act A1116]

(a) acquire any land or buildings for the purposes of such installation;

(b) commence any new scheme for the supply of electricty;

[Am. by Act A1116]

(c) extend any existing installation or area of supply; or

(d) install any new, or re

56 PART XII MISCELLANEOUS-56. Repeal of Electricity Act 1949 and Electrical Inspectorate Act 1983 and savings in respect thereof.

(1) The Electricity Act 1949 [Act 116] and the Electrical Inspectorate Act 1983 [Act 277] are hereby repealed.

(2) Any regulation made under the Electrical Inspectorate Act 1983 shall continue in force until revoked or replaced by regulations made under this Act.

(3) The Minister may, whenever it appears to him necessary or expedient so to do whether for the purpose of removing difficulties or in consequence of the passing of this Act, by order make such modifications to any provision in any regulation in subsection (2) as he may think fit.