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Electrical Inspectorate Act 1983 Part VIII — Offences and penalty

s 26–s 30 · 5 sections

s 26

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(1) Any person who wilfully so tampers with or adjusts any installation or part thereof or manufactures or imports or sells any equipment as to cause or to be likely to cause danger to human life or limb or injury › any equipment or other property shail be guilty . n offence and for each such offence shall, on convi tion, be liable to a fine not exceeding fifteen thousand ringgit or to imprisonment for a term not exceedin five years. omission in respect in any installation or equipment or ten thousand ringgit or to imprisonment for a term not exceeding three years or to both. (3) Any person who in any manner dishonestly- (i) abstracts energy; (il) consumes energy; (ii1) uses energy; (iv) alters the index of any meter or other instrunent used on or in connection with any supp! uthority installation or any licensed installa tion for recording the output or consumption oi energy; or (v) prevents any such meter or instrument from duly recording the output or consumption of energy, ding the I by the decide: owances ing him. with or ifactures or to be or injury guilty of i convichousand xceeding nt act or rment or injury to ence and xceeding r a term estlyer instruly supp!. installa sumption ent from aption of inviction, : relevant srities. [Pt. VIII, S. 26] (4) Any person who, in contravention of section 7 uses, works or operates, or permits to be used, worked or operated any installation shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit and to a further fine not exceeding five hundred ringgit for every day or part of a day during which the offence continues after conviction. (5) Any person who, in contravention of section 7 supplies energy from an installation to or for the use ot any person shall be guilty of an oftence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit, and to a further fine not exceeding five hundred ringgit for every day or a day or part of a day during which the offence continues after conviction. any supply line or constructs any electrical works outguilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit, and any such unauthorised line or works may, atter conviction, be removed by order of the Director General, and if such order is not complied with, reasonable cost of such removal may be recovered from the licensee. (7) Any_licensee failing without lawful excuse to comply with any term and condition expressed in the licence shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit and, to a further fine not exceeding five hundred ringgit for every day or part of a day during which the offence continues after conviction. (8) Any person who in contravention of section 19 fails or neglects to register an installation shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit and a further fine not exceeding five hundred ringgit for every day or part of a day during which the offence continues after conviction. (9) Any person who, without due authority in tha ehalf wilfully extinguishes or damages anv bubli lamp or wilfully damages or defaces any post, bracket or other means of support of a public lamp shall be [Pt. VIlI, S. 26] guilty of an oftence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to an imprisonment for a term not exceeding one year or to both. (10) Any person who without lawful consent, affixes or causes to be affixed any advertisement, bill or notice or any paper against or upon, or otherwise defaces any bullding, post or bracket or other equipment or the enclosure thereot usea tor or in connection with any public installation shall be guilty of an offence anc shal, on conviction, be liable to a fine not exceeding one thousand ringgit. (11) Any person who wilfully or negligently— (a) causes energy to be diverted from its proper course to be wasted; or (b) breaks, throws down, causes to fall or damages any installation or post, pole, or other equipment, any installation or any part thereof as the case may be connected with supply of energy, shall be guilty ot an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both. (12) (a) No person shall, without lawful authority undertake any work or engage in any activity in the vicinity of any electrical installation or part thereof in a manner likely to intertere with any electrical instaliation or to cause danger to any person or property. (b) Any person who contravenes this section shall be guilty of an offence and, on conviction, be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding one year or to both. (13) (a) No person shall install any electrical wiring or extension to existing wiring on premises without first obtaining the approval in writing from a supply authority or licensee. . (b) Any person who contravenes this section shall be guilty of an offence and, on conviction, be liable to i ine nnot exceeding three thousand ringgit or to im prisonment for a term not exceeding one year or to both. be liable or to an rear or to ut, affixes or notice Taces any It or the with any ence and exceeding is proper damages juipment, the case "gy, inviction, d ringgit one year tuthority y in the nereof in installaerty. shall be ıble to a or to :ar or to il wiring without 1 supply shall be ble to a to Imir or to [Pt. VIII, S. 26-27] BLECTRICAL INSPECTORATE (14) Any person guilty of an offence against this 'Act for which no penalty is expressly provided shall, on liable to a fine not exceeding one thousand ringgit and, in the case of a continuing offence, to a fine not exceeding one hundred ringgit for every day or part of a day during which the offence continues atter conviction. (15) Whenever any agent or servant in the course of his employment does or omits to do an act the doing of which or omission to do which by his principal or employer would be an offence against this Act, such agent or servant shall be guilty of that offence, and his principal or employer and any person at the time of the act or omission was in charge of the business in respect of which the act or omission occurred shall be guilty of that offence unless the principal or employer or other person, as the case may be, proves to the satistaction of the court that he took all reasonable means and precautions to prevent the act or omission.

s 27

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In any prosecution for an offence under subsection Onus of (3) of section, 3z 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 energy supplied; (b) the existence of artificial means which, either alone or in conjunction with additional artificial means not found, would prevent, or facilitate the prevention. of, any meter instrument from duly registering the quantity of energy supplied, or would facilitate the dishonest abstraction, consumption, or use of energy; or (c) (i) the fitting of any mechanical or other means to; (ii) the absence or removal of any part or connection from; or AA588 [Pt. VIII, S. 27-28] (iii) the interference with any part or connection of, any apparatus in the circumstances that the fitting, absence, removal or interference would prevent or facilitate the prevention of any meter or other shall be prima facie evidence that there has been dis. honest alteration of the index of any meter or instru• ment, or prevention, abstraction, consumption Or use of energy, as the case may be; and (i) that the dishonest alteration, prevention, abstraction, consumption or use, as the case may be, has been carried out by- (a) the person fitting the artificial, mechanical or other means as atoresaid; (b) the person removing any such part or connection as aforesaid; (c) the person interfering with any such part or connection as aforesaid; (d) the consumer using the meter or instrument; or (e) the person having control of the installation where it is fixed; or (f) the occupiers of the premises on which the meter or instrument is installed; or (ii) that the person or consumer has abetted the ofience of the alteration, prevention, abstraction, consumption or use, as the case may be.

s 28

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(1) Any person who removes, destroys or damages Compensation for damage. recoverable by civil action or suit before any court. connection :the fitting, ild prevent er or other quantity of e dishonest igy, is been disr or instrution or use 'ention, able case may mechanical ich part or ly such part iI or instruthe installaes on which nstalled: or abetted the on, abstrac- :ase may be. or damages ation or any sost, bracket amp, or any stallation for nergy, shall lay be liable rensation for ution shall be iny court. pPr. VIII-IX, S. 28-32] (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 unde thıs section and may make an order for the payment o the same. Any such order may be enforced as if it were a judgement in a civil action or suit.

s 29

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It shall be competent for the Director General or Prosecution. any officer authorized by him to conduct a prosecution for any offence under this Act before any court.

s 30

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(1) The Director General or any officer authorized Comby him may compound such offences under sections 6, 26 (9), 26 (10), 26 (12), 26 (13), 26 (14), 32, 36 (5), ot under any rules or regulations made thereunder, by collecting from the person reasonably suspected of laving committed the same a sum oi money no xceeding one thousand ringgi . (2) The Director General may make rules or regulations to prescribe the method and procedure tor compounding such offences. part of the fine not exceeding one halt to the person wn gave the information leading to the conviction in sucl

Back to Electrical Inspectorate Act 1983 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

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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).

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