(1) Whenever it appears to the licensee that it will or Powerto probably will be necessary to exercise the powers con- examine ferred by this Act upon the licensee in respect of any land other than State land for the purpose of constructing an installation or part of an installation, the licensee of any person authorized by the licensee in that behali may, after not less than twenty-tour hours' previous notice to the occupier thereof, if any, enter upon the land and may survey and take levels and do all other acts necessary to ascertain the suitability of the land, 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
(3) In the case of reserved land, the notice under subsection (1) may be given to the officer or other person in charge of the reserved land or, in default of any such officer or person, to the Collector of Land is necessary so to do tor the purpose of installing any landfo system of distribution of energy under this Act, a purposeso nace or carrv on. under or over an icensee may lay, place or carry on, tnder or over an nent as may be necessary or proper for the purpose of the licensed installation, as the case may be, and ma sation in accordance with section 13 to all persons interested for any disturbance, damage or disability that may be caused thereby; the compensation may include an annual payment for land used for the purpose of the posts or other equipment.
(2) Before entering on any land for the purpose specified in subsection (1), the licensee shall give notice stating as fully and accurately as possible the nature and extent of the acts intended to be done. The notice shal be substantially in the form set out in the Schedule and the Collector of Land Revenue shall specify a date upon which the State Authority shall enquire into any objections that have been made as hereinafter provided.
[Pr. IV, S. 91
(3) The aforesaid notice shall be given—
(a) in the case of alienated land, to the owner or occupier;
(b) in the case of reserved land, to the officer or other person in charge of the reserved land or, in default of any such officer or person, to the Collector of Land Revenue, and may be sent by registered post or lett at the usual or last known place of abode of the person to whom it is to be given or served by the Collector of Land Revenue at the expense of the licensee, either in the manner herein before provided or in the manner provided for the service of notices by any written law relating to land in force in the State where the land is situate.
(4) Any of the persons mentioned in subsection (3) may, Within tourteen days of the receipt of the notice therein referred to, lodge an objection to the intended acts of the licensee. The objection may be made to the Collector of Land Revenue, either verbally or in writing, and the Collector shall give notice of the objection to the State Authority and to the licensee.
(5) If no objection is lodged within the time limited for that purpose by subsection (4), the licensee may forthwith enter on the land and do all or any of the acts specified in the notice given under subsection (2).
(6) If an objection is lodged and is not withdrawn before the date fixed for the hearing thereof, the Collector of Land Revenue shall hold an enquiry, giving all parties an opportunity to be heard.
(7) Upon the conclusion of the enquiry the Collector may either unconditionally or subject to such terms, conditions and stipulation as he thinks fit, make an order authorizing or prohibiting any of, the acts mentioned in the notice given under subsection (2): Provided that any party who is dissatisfied with the Collector's order may appeal against such an order to the State Authority which may then uphold, set aside or vary the order upon such terms, conditions and stipulation as it thinks fit.
Collector make an the acts on (2):: with the order to set aside ions and [Pt. IV, S. 9-11]
(8) The State Authority may, it it thinks fit, in lieu ot making an order under subsection (7), direct the acquisition of amy land or part of any land included in a notice given under subsection (2).
(9) The decision of the State Authority under this section shall be final. =AAS88
Whenever it is necessary so to do for the purpose Mainof maintaining or repairing 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 lands 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 carr! 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 dacorda ae poss section lp ao all pelsons interested for any damage that may be caused thereby for which compensation has not already been assessed under section 9.
(1) Where a supply line has been laid, or posts or Removal equipment erected, on any land under section 9, any of he persons mentioned in section 9 (3) desites to us he land in such a manner as to render it necessary o convenient that the line, posts or equipment should be removed to another part of the land, or to a higher or lower level, or altered in form, he may require the licensee, to remove or alter the line, posts or equipmen' accordingly.
(2) (a) If the licensee omits to comply with the re- Sane ei fect or e das re ne age engo, oe make an order, either absolutely or subject to conditions for the removal or alteration of the line, posts or equipment. The order shall provide for the payment of the cost of executing the removal or alteration by the licensee or by the person making the application, as the State Authority may consider equitable in the circumstances of the case.
S.S. Cap. 133. Sa ving of wayleave agreements. [Pt. IV, S. 11-12]
(b) The State Authority may, instead of itself enquiring into a case under this subsection, direct the Collector of Land Revenue to make such enquiry on its behalf and to make recommendations to it.
(3) Whenever the State Authority has made an order for the removal or alteration of any main supply line, the licensee, may instead of removing or altering the supply line, apply to the State Authority to direct the acquisition of'such land as is required for the purposes of the line, and the State Authority may direct acquisition accordingly.
(4) Whenever the State Authority is authorized by this section to direct the acquisition of any land, the licensed installation shall be deemed to be a work of public utility and any written law relating to land acquisition in force in the State where the land is situate shall be put in force accordingly.
(5) Whenever a supply line has been laid, or posts or equipment erected, on State land by a licensee and the land is subsequently alienated to any person, the owner or occupier of the land may, unless the terms of alienation expressly provide otherwise, require the removal to another part of the land, or to higher or lower level. or the alteration of the line, posts or equipment, and subsections (1) to (4) shall apply to any such requisition : Provided that the cost of executing the removal or alteration shall be defrayed by the person making the requisition.
(6) This section shall be without prejudice to sections 23 to 125 of the Municipal Ordinance of the Straits Settlements.
(1) Nothing in section 9 or section 11 shall-
(a) affect the right of a licensee to enter into an
(b) affect any such wayleave agreement subsisting at the commencement of this Act.
of itself lirect the iry on its an order pply line, ering the direct the purposes it acquisiorized by land, the • work of ; to land e land is MINEN emoval or laking the to sections the Straits ihaller into an • wayleave sier of any supply line : subsisting IPt. IV, S. 12] BLECTRICAL INSPECTORATE
(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 whict is a holding included in the Interim Register-
(a) subsection (2) shall apply as if "Commissioner" and a "appropriate folio of the Interim Register" were substituted for "Registrar" and "register document of title" respectively; and
(b) when final documents of title are issued for the land under section 39 of the National Land 2/63. Code (Penang and Malacca Titles) Act 1963, any note made pursuant to that subsection as varied by paragraph (a) shall (if it is still fiective immediately before the issue of thos locuments) be entered by the Commissioner or he register document of title and shall continu o have effect as if it had been entered unde that subsection.
(4) So long as there remains on the register document of title or the appropriate folio of the Interim Register a note made pursuant to subsection (2) or (3), all
(5) Where a note or registration of a wayleave agreement made before Ist January 1966, pursuant to subsection (2) or (3) as then in force remained effective immediately before that date, then, for the purposes of subsection (4)-
(a) it shall be regarded as a note made pursuant to subsection (2); or
[Pr. IV, S. 12-15] 2/63. 56/65. Compensation.
(6) In this section— "Commissioner" and "Interim Register" have the neanings assigned thereto respectively by the Nationa and Code (Penang and Malacca Titles) Act 1963 "Registrar" has the meaning assigned to it by the National Land Code.
(1) The amount of compensation, if any, payable under section 9 or 10 shall be assessed by the Collector of Land Revenue after such enquiry as he shall deem sufficient: Provided further that no compensation shall be hnasaen y ep sece eo er ea l y ang ol uthority unless it is proved that the tree was 11 xistence prior to the construction of the road
(2) Any person aggrieved with the Collectors assessment may appeal to the State Authority whose decision shall be final. Determination of compensation by court. Reduction cessation of supply: liability. of agreement, be claimed and determined by action or suit in any court.
(1) Any licensee may reduce, as he may think fit, ee sgu ot lanyf tneoressen cieditstanceo enumy it, t rated is insufficient to enable the full quantity to he conveniently supplied.
(2) Where the quantity of energy has been reduced as aforesaid—
(a) no liability shall be incurred by the licensee in respect of any loss or damage caused by the reduction; and
(b) in appropriate cases, an abatement in the charges for the supply of energy shall be made in proportion in the reduction made.
have the : National 1963; it by the %, payable :Collector hall deem shall be ee withi tructed oI any local se was in ad. Collector's rity whose Act, in all e paid by / in default ¡ action or y think fit, amer if, by ergy geneitity to he reduced as licensee in sed by the ent in the ill be made 3. [Pt. IV, S. 15-17]
(3) Any licensee, shall not be liable for any damage to person or property or for any cessation of the supply of 'energy which may be due to unavoidable accident, tair wear and tear or overloading due to unauthorized connection of equipment, or to reasonable requirements of the system, or to defects in any installation not provided by the licensee, but shall be liable only when the damage or cessation is shown to have resulted from negligence on the part of persons employed by the licensee, his agents or servants, as the case may be, or from faulty construction of the installation.
(1) Before the issue of any licence the Director Security: General may require such security as he may specify suspension of and shall be furnished for the due observance of the terms revocation and conditions of the licence and of this Act. of licence..
(2) A licence may at any time be suspended or revoked by the Director General on breach of any of the conditions thereof or in default of payment ot 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 sutier undue hardship by reason of the suspension or cancellation, appeal to Minister against the suspension or cancellation, and the decision of the Minister on the appeal shall be final.
(3) The licensee shall not be entitled to compensation ror any loss caused to him by the suspension or revocaion of a licence under this section
(4) Upon termination of a licence, the licensee shall remove his installation and equipments within three months from the date of termination whereby failure to remove thereof shall render the licensee liable for all costs whatsoever incurred in the removal thereof and such costs may be recovered from the security deposited (if any) under subsection (1).
A licensee who is, by the conditions of his licence, Restriction restricted to using or supplying energy for specified specified purposes only, shall not use or supply energy for any purposes. purpose other than those so specified.
[Pt. IV, S. 18-19] 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 energy, 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. Rfiistration 19. (1) Before the completion of a new installation, of installations. other than installation belonging to a supply authority, the owner thereof shall forward, in duplicate. to the Director, an application for registration in the prescribed form. The Director 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: Provided that at any time from the date of the commencement of this Act until such date as the Minister may by notification in the Gazette appoint it shall be lawful for the Director at his discretion without causing any inspection or tests to be made to issue in respect of any such installation a provisional Certificate of Registration to be valid for such period and to be subject to such conditions as may be endorsed thereon and any reference in this Act to a Certificate of Registration shall unless the context otherwise requires be deemed to include a reference to a provisional Certificate. Any such provisional Certificate shall be deemed to have had effect from such date as the Director may endorse thereon at the time of issuing the same. Any such provisional Certificate may be revoked or cancelled by the Director at any time at his discretion. •
(2) No person shall possess or operate an installation, unless the installation is registered on a valid Certificate of Registration.
(3) Certificates of Registration shali be surrendered ›y the owner or licensee to the Director for cancella ion it the installation is no longer reauired to be used Thereafter, if the owner or licensee wishes to operate the installation again, the said installation shall be treated in all respects as if it were a new installation.
ugug to a s not owned 3 of supplyihall not be n execution nkruptey or installation, • a supply n duplicate, ation in the : inspection period and, ot this Act, ate of Regiof the comhe Minister t it shall be lout causing e in respect ertificate of and to be 'sed thereon ertificate of rise requires provisional ite shall be late as the = of issuing ite may be •time at his installation, 1 Certificate surrendered or cancellato be used. i to operate in shall be stallation. [Pt. IV-V, S. 19-21] BLECTRICAL INSPECTORATE
(4) A Certificate of Registration may be cancelled it iccordance with regulations made under section 30
(5) Certificates of Registration shall not be transferred without the permission of the Director General.
(1) Subject to any exemption granted under this Periodical Act any person who intends to construct, extend or of installaalter an installation shall give notice of the proposed tions. construction, extension or alteration to a Director. Such person or a person authorised by him shall submit plans and obtain prior approval from a Director who may periodically inspect the installation thereof
(2) In addition to periodical inspections during con-. struction, extension ôr 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 persons in charge of any installation or the construction, extension or alteration of any installation shall afford full facilities for inspection during working hours.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
