This Act may be cited as the Lembaga Letrik Sabah Shocome Act 1983, and shall come into operation on șuch date mencement as the Minister may, by notification in the 11.8# appoint. (PU(B) 647/8 .2. In this Act, unless the context otherwise requires— thoerpreta- "area of supply" means that area within which the Br ardsusp oy a rirensee is authorized, to generate and / "Board" means the Lembaga Letrik Sabah constituted under section 3; "Chairman" means Chairman of the Board; "consumer" means a person who is supplied wit energy or whose premises are for the time being connected for the purpose of a supply of energy with any installation;
[Pt. I, S. 2] .'d treo moahs dann, oo heatr or ry han an ie o Aci 139. "Deputy Chairman" means Deputy Chairman of the Board; "distributing main" means the portion of any mạin which is used for the purpose of giving origin to servic lines for the purposes of general supply "electrical supply line" means any wire, conductor ligothg or nating prposes yin inectaies any posverehentric sulato lic or a tybing co nosced pherene any "energy" means either natural gas or synthetic gas, lqueñed petroleum gases, electricity, or other energy forms including solar, geothermal, biomass and winc and water power when produced, generated, transmitted, supplied or used for purpose except the transmission of any communication or signal; electricity unless otherwise defined is an article as provided for under section 3 of the Factories and Machinery Act "equipment" includes any item for such purposes as generation, conversion, transmission, distribution or utilisation of electrical energy, such as machines, transformers, apparatus, measuring instruments, protective wiring materials, accessories and appliances; "functions" includes powers and duties; "gas" means a combustible gaseous fuel including natural gas and gaseous fuels derived from any raw materials; "General Manager" means the General Manager appointed under section 21 and includes any persoi for the time being so appointed to perform the duties of the General Manager; not include the supply of energy to any one or more particular consumers under special agreement;
nan life or d includes t resulting bution or nan of the any main to service conductor r powe y instru rting any erewith: thetic gas, ler energy and wind, generated, except the ovided for uinery Act urposes as bution or nes, transprotective opliances; including 1 any raw Manager ny person the duties of energy thority for but shall e or more ; [Pt. I. S. 2] 9. "generating station" means any station for generating electrical energy, including any buildings and plant used tor the purpose and the site thereot, and includes a site intended to be used for a generating station, but does not include any station for transforming, coverting, or distributing electrical energy; "installation" means the whole of any plant or equipment under one ownership or in charge of the same management, designed for the supply or use, or both, as the case may be, of energy, including prime movers, if any, with all necessary plant, buildings and land in connection therewith, pipe lines, supply lines and con suming equipment, if any "licence" means a licence issued under any written or work an delectripal instalathn aed sincitdes aray fiornce isued under any other law entorced before the promulgatior of this Act: "licensee" means a person permitted by licence to work or operate an electrical installation and includes an authorised agent; "liquefied petroleum gases" means a mixture ot hydrocarbons, principally propane and butane, which is produced, stored, distributed or sold in liquid form in pressurised containers for any use; "main" means any electrical line which may be laid underground or erected overhead by the Board or licensee and through which energy may be supplied by the Board or licensee for the purposes of general supply; "member" means a member of the Board including the Chairman and Deputy Chairman; "meter" means and includes any and every kind of machine, device or instrument used for the measurement of the supply of energy; "Minister" means the Minister for the time being charged with responsibility for matters relating to energy; "natural gas" means a gaseous product comprised principally of methane which is produced from natzrally occurring underground reservoirs and which is used for its fuel value or as a feedstock;
[Pt. I, S.2] "pipeline" means a mechanical conduit used for the conveyance of fluids and shall include related facilities such as metering and pressure control equipment; "power" means electrical power or the rate per unit of time at which energy is supplied; "premises" means and includes any building, room tenement, hut, or shed or other erection and all the land occupied or used or authorised for occupation or use in connection therewith, being under one ownership, lessee-ship, management or occupation; "prime mover" means a machine supplying mechanical energy to a generator; depaulbmie outhbrati or ans the Covent or nhe Board, "public lamp" means an electric lamp used for the lighting of any street or other public place; "State" means the State of Sabah; "street" includes any thoroughfare over which the public have a right of way; "sub-station" means the works or station where energy is received for transformation or conversion and includes all buildings and plant used for the purpose and the site thereot; "supply line" means a conductor or other means of conveying, transmitting or distributing energy, together with any casing, coating, covering, tube, pipe, insulator or post enclosing, surrounding or supporting the same or any part thereof or any building or equipment connected 'therewith for the purpose of transforming, conveying, transmitting or distributing energy; "transformation" means the transformation of voltage from a lower to a higher voltage or vice versa; "voltage" means extra high voltage, high voltage, low voltage and extra low voltage as prescribed;
for the acilities nt; per unit ; room, the land ir use in nership, mecha- 1 where sion and purpose neans of together ısulato le same ent conforming, tion of e versa; lage, low Is, rIverachinery. juired to its of the [Pt. II, S. 3-4]
Act 278
Lembaga Letrik Sabah Act 1983
Akta lembaga letrik sabah 1983
This legislation has been repealed. Do not cite it as law in force.
Text recovered by OCR from a scanned copy — section numbers and wording may be wrong. Check the official PDF on lom.agc.gov.my before citing.
Data synced
Part I — Preliminary
Dalan Akra yanmılainkan jika kontoksnya mengi- Tafsiran. "anggota" ertinya anggota Lembaga yang meliputi Pengerusi dan Timbalan Pengerusi; "bahaya" ertinya bahaya kepada kesihatan atau kepada nyawa manusia atau Kenpatan, leawran, atau aindain bencata dadmeliar bahaya kepada harta, pepasangan atau kelengkapar akibat darì penjanaan, penghantaran, pengagihan atar penggunaan tenaga;
[Bah. I, S. 2] "bekalan ,am" ertinya bekalan am tenaga yang dipersetujui secara khas dengan mana-mana pihak berkuasa awam atau tempatan bagi bekalan am tenaga untuk lampu awam, tetapi tidaklah melputı pembekalan tenaga kepada seseorang atau lebih pengguna tertentu di bawah perjanjian khas; "fungsi" meliputi kuasa dan tugas; "gas" ertinya bahan api bergas mudah terbakar meliputi gas asli dan bahan api bergas yang dihasilkan dari apa-apa bahan mentah; "gas asli" ertinya hasil bergas yang terdiri terutamanya dari metana yang dihasilkan dari kolam bawah tanah semulajadi dan yang digunakan kerana nilainya sebagai bahan api atau stok pembekal; "gas petroleum cair" ertinya campuran hidrokarbon, terutamanya propana dan butana, yang dihasilkan, distor, diagihkan atau dijual dalam bentuk cecair dalam bekas diisitekan untuk apa-apa jua kegunaan; "kawasan bekalan" ertinya kawasan dalam mana Lembaga hendaklah, atau pemegang lesen dibenarkan, menjana dan/atau untuk membekalkan tenaga; proise re borin gradamea an, akecori din peteakas mesin, transformer, radas, bagi maksud-maksud penjanaan, penukaran, hantaran, pengagihan atau penggunaan tenaga elektrik; "kerja" meliputi talian bekalan elektrik, terusan, kerja-sungai, empangan, pangkal kerja, talian paip, bangunan, jentera, perkara atau benda dari apa jua perihalan yang dikéhendaki untuk membekal tenaga dan untuk melaksanakan tujuan-tujuan Lembaga; "kuasa" ertinya kuasa elektrik atau kadar kiraan seunit masa yang tenaga dibekalkan; "lampu awam" ertinya lampu elektrik yang digunakan untuk menerangi mana-mana lebuh atau lain-lain tempat awam; "lebuh" meliputi mana-mana jalan tembus di atas mana orang awam mempunyai hak lalu-lalang; "Lembaga" ertinya Lembaga Letrik Sabah yang ditubuhkan di bawah seksyen 3;
iga yang la pihąk m tenaga uti pempengguna terbakar gas yang :erutaman bawah i nilainya okarbon, thasilkan, Ik cecair junaan; ım mana senarkan, ga; 1 seperti ikat, alat perkakas n, peng 1 elektrik; terusan, ian paip, apa jua al tenaga baga; ar kiraan g diguna- • lain-lain s di atas 1g; yang di- [Bah. I, S. 2] "lesen" ertinya suatu lesen yang dikeluarkan di bawah mana-mana undang-undang bertulis, yang membenarkan pemegang lesen mengendali atau mengerjakan sesuatu pepasangan elektrik dan meliputi apa-apa lesen yang dikeluarkan di bawah mana-mana undang-undang lain yang berkuatkuasa sebelum pengisytiharan Akta ini; "Menteri" ertinya Menteri yang pada masa itu bertanggungjawab bagi perkara-perkara berhubungan "meter" ertinya dan meliputi apa-apa dan setiap jenis mesin, alat atau instrumen yang digunakan bagi penyukatan bekalan tenaga; "Negeri" ertinya Negeri Sabah; "pemegang lesen" ertinya seseorang yang dibenarkan. menurut syarat-syarat lesen untuk mengerja atau mengendalikan sesuatu pepasangan elektrik dan meliputi ejen berkuasa; "Pengerusi" entinya Pengerusi Lembaga; "penggerak utama" ertinya mesin yang membekalkan tenaga sawat kepada janakuasa; "pengguna" ertinya seseorang yang, dibekalkan . atau yang permisnya ada pada masa itu disambungkan dengan mana-mana pepasangan bagi maksud bekalan tenaga; "Pengurus Besar" ertinya Pengurus Besar yang dilantik di bawah seksyen 21 dan meliputi mana-mana orang yang pada masa itu dilantik sedemikian untuk "pepasangan" ertinya keseluruhan mana-mana loji atau kelengkapan yang berada di bawah satu pemilikan atau penjagaan pihak pengurusan yang sama, yang bertujuan untuk membekal atau menggunakan tenaga, atau kedua-duanya, mengikut mana yang berkenaan, dan meliputi penggerak utama, jika ada, berserta semua loji, bangunan dan tanah yang perlu yang berkaitan dengannya, talian paip, talian bekalan dan kelengkapan pengguna, jika ada; "pihak berkuasa awam" ertinya Kerajaan atau manamana jabatan atau cawangan Kerajaan atau Lembaga;
[Bah. I, S. 2] "premis" ertinya dan meliputi mana-mana bangunan, bllik, tenemen, pondok atau bangsal atau binaan-binaan lain dan semua tanah yang diduduki atau digunakan atau dibenar untuk diduduki atau digunakan berkaitan dengannya, yang berada di bawah satu pemilikan, penerimaan pajak, pihak pengurusan atau pendudukan; "sesalur" ertinya mana-mana talian elektrik_yang boleh diletakkan di bawah tanah atau didinikan di atas oleh Lembaga atau pemegang lesen dan yang menerusinya tenaga boleh dibekalkan oleh Lembaga atau pemegang lesen bagi maksud bekalan am; "sesalur agihan" ertinya bahagian mana-mana sesalur yang digunakan bagi maksud memberi asalan kepada talian perkhidmatan bagi maksud-maksud bekalan am; "stesen janakuasa" ertinya mana-mana stesen untuk menjanakan tenaga elektrik, meliputi apa-apa bangunan dan loji yang digunakan bagi maksud itu serta tapak binanya, dan meliputı tapak bina yang dicadang hendak digunakan bagi mendirikan stesen janakuasa, tetapi tidak meliputi mana-mana stesen untuk meng- . bentuk, menukar atau mengagıbkan tenaga elektrik; "substesen" ertinya kerja atau stesen di mana tenaga diterima bagi maksud ubah bentuk atau penukaran dan meliputi semua bangunan dan loji yang digunakan bagı maksud tersebut dan juga tapak binanya; "talian bekalan" ertinya konduktor atau alat-alat lain untuk menyampaikan, menghantar atau meng agihkan tenaga, berserta apa-apa kelongsong, salutan, penutup, penebat atau tiang yang Prangtera, yang ockaitn danpatg e ma aal mengubah bentuk, menyampai, menghantat atau mengagihkan tenaga; koptyиatphcka oбьбh oe hийh o kapaя , po. konduktor vane menu pang ap ana aliua bokae oskenx aat.
ıngunan, n-binaan gunakan ierkaitan emilikan, ludukan; ik yang n di atas renerusiiu pemea sesalur 1 kepada alan am; en untuk nakuasa, k menga tenaga aran dan kan bagi alat-alat 1 mengsalutan, g yang ya atau lan atau maksud [Bah. I-II, S. 2-3] , LEMBAGA LETRIK SABAH "talian paip" ertinya konduit mekanik yang digunakan bagı mengangkut bendalir dan adalah meliput kemudahan-kemudahan berkait seperti kelengkapar bermeter dan kawalan tekanan; "tenaga" ertinya gas asli gas tiruan, gas petroleum cair, tenaga elektrik, atau lain-lain bentuk tenaga yang meliputi tenaga suria, geoterma, biojisim dan angin, ombak dan kuasa air yang dihasiıkan, dı- janakuasakan, dihantarkan, dibekalkan atau digunakan bagi apa-apa maksud kecuali bagi maksud hantaran sesuatu bentuk_perhubungan atau isyarat; elektrik, melainkan jika ditakrifkan selainnya, adalah suatu benda sebagaimana_diperuntukkan di bawah seksyen 3 Akta Kilang dan Jentera 1967; "Timbalan Pengerusi" ertinya Timbalan Pengerusi Lembaga; "ubah bentuk" ertinya mengubahbentuk voltan dari voltan yang rendah kepada yang tinggi atau sebaliknya; "voltan" ertinya voltan lebih tinggi, voltan tinggi, voltan rendah dan voltan lebih rendah sebagaimana ditetapkan. Akta 139.
Part II — Establishment and constitution of board
(1) There is hereby established a body by the name Establish- "Lembaga Letrik Sabah" or in English "Sabah Electricity Board" which shall be a body corporate with perpetual succession, capable of suing and being sued in its corporate name and with power to purchase or hold and exchange or alienate or otherwise deal with in any lawtul mamner whetsoe or, any property movable and immovable, and to enter into contracts and generally to do such acts and things as a body corporate may do by law and as are necessary for, or incidental to, the carrying out of its objects and the exercise of its powers as set out in this Act. <44995
(2) T'he Board shall have a common seal which shall bear such device as the Board may approve and such seal may trom time to time be broken, changed, alterec and made anew by the Board, as the Board may think fit.
(3) Until a common seal is provided under subsection
(2), a stamp bearing the inscription "Lembaga Letrik Sabah" may be used as the common seal of the Board.
(1) The Board shall consist of the following Composition membersof Board.
(a) a Chairman;
(b) a Deputy Chairman;
(c) seven other members, of whom at least three shall hold office in the public service; and
(d) the person who for the time being holds the office of the General Manager; Provided that the General Manager shall not be entitled to vote at the meeting of the Board.
(2) The members as specified in paragraphs (a), (b) and (c) of subsection (Î) shall be appointed by the Minister.
(3) A member who is an officer in the public service nay by instrument in writing addressed to the Chair. man appoint another oificer in the public service as an alternate member who may attend on his behalf any meeting of the Board which such member is for
IPt. II, S. 4-7] Resignation revocation. any reason unable to attend and such alternate member when attending such meeting shall for all purposes be deemed to be a member of the Board.
(4) Subject to the provisions of section 7, a member, other than the General Manager, shall hold office for a period of three years from the date of his appointment, and shall be eligible for re-appointment.
(1) A member, other than the General Manager, may at any time resign his office by giving notice in writing to the Chairman.
(2) The appointment of a member may at any time be revoked by the Minister if he thinks it expedient to do so. Disqua lifi-
The following persons shall be disqualified from being appointed as or, if appointed, remaining as a membership. member—
(a) a person who is of unsound mind or otherwise incapable of performing his duties or managing his affairs;
(c) a person who has been convicted of any offence involving fraud, dishonesty or moral turpitude;
(d) a bankrupt. Vacation of
The office of a member, other than the General office. Manager, shall become vacant-
(a) on his death;
(b) if he is absent from three consecutive meetings of the Board without the special leave of the Chairman or leave of absence granted under this Act and the Board passes a resolution declaring his office vacant;
(c) if he resigns his office;
(d) if he becomes disqualified for membership under section 6;
(e) if his appointment is revoked by the Minister.
nember roses be nember, fffice for appoint- Tanager, .otice in inytime xpedient ed from ng. as a therwise ianaging being a isions of ; y offence urpitude; meetings te of the ed under esolution mbership Minister. IPt. II, S. 8-11]
The Minister may grant to any member such leave Leave of of absence as the Minister may deem fit.
(1) If the office of a member, other than the General Casual Manager, becomes vacant, the Minister may appoint another suitably qualified person to fill such vacancy temporar for so long only as the member in whose place he is appointed would have held office.
(2) Where any member, other than the General Manager, is prevented by illness, absence from the State or other like cause from performing his duties as a member the Minister may appoint any suitably qualified person to act as deputy for such member during such period as he is so prevented from performing his duties. I0. There shall be paid to the members, or to such of Remunerathem as the Minister may determine, such salaries, tees and allowances out of the funds of the Board as the of Board. Minister may from time to time approve.
Maka hendaklah dibayar kepada anggota-anggota, atau kepada mana-mana daripada mereka sebagaimana yang ditentukan oleh Menteri, apa-apa gaji, fee dan elaun daripada kumpulan wang Lembaga sebagaimana diluluskan oleh Menteri dari semasa ke semasa. Anggota-
Part II — Establishment and constitution of board
(1) Every person appointed to be a member of the Members of Board shall, within three months after his appointment, dispose of sell or dispose of all shares in any energy undertaking which, at the time of his appointment, he owns or is in any energy interested in for his own benefit, and it shall not be undertaking. lawful for any member of the Board, whilst he holds office as such, to purchase or become interested in for his own benefit any shares in any energy undertaking, nd, if any member of the Board becomes entitled. f is own benefit, under any will or succession to a ose oi the sane within fhakee months after he naas become entitled thereto: Provided that the Minister may waive the requirements of this subsection in any specific case.
(2) Any member of the Board who retains, purchases. takes or becomes or remains interested in any shares in iny energy undertaking in contravention of the pro isions of this section shall be disqualified from, and b deemed to have vacated his office as such member, and the Chairman shall cause an entry to that effect to be made in the minutes of the Board as soon as practicable after the fact of any such contravention comes to his
[Pt. II-ILL, S. 11-13]
(3) The fact of any person disqualified under this soeo, tn haard bafore surchi entry as aroresaid has been made in the minutes shall not invalidate any resolution or proceedings of the Board.
(4) In this section— "shares in any energy undertaking" means any stock, shares, debentures, debenture stock, bonds or other securities of any company engaged in the State in the generation, distribution or supply of energy, or the manufacture therein of electrical equipment, and includes any share or interest in any unincorporated undertaking similarly engaged. PARTIN PROCEDURE OF BOARD Meetings.
(1) The Board shall meet as often as may be necessary or expedient for the transaction of its business and such meetings shall be held at such places and times as the Chairman may determine: Provided that the Chairman shall not allow more than three months to elapse between such meetings.
(2) Where not less than three members, by notice in writing signed by them and addressed to the Chairman, request that a meeting of the Board be held for any purpose specified in such notice the Chairman shall, within seven days of the receipt by him of such notice, convene a meeting accordingly. Procedure of 13. (1) The quorum at all meetings of the Board shall be three members present in addition to the Chairman or Deputy Chairman.
(2) In the absence of the Chairman from any meeting of the Board, the Deputy Chairman shall preside thereat and, in the absence of both the Chairman and the Deputy Chairman, the members present shall elect one of their members to preside thereat.
(3) Questions arising at any meeting of the Board shall be decided by the votes of the majority of those oresent and voting thereon and in the case of an equalit! of votes the Chairman or other person presiding at sucł meetings shall have a second or casting vote.
ler this eedings. ts been olution y stock, r other : in the or the and inporated nay be rusiness id times N more tings. otice in airman, for any n shall, .notice, rd shall lairman meeting : thereat and the lect one : Board of those equality ; at such IPt. III, S. 13-14]
(4) Subject to the provisions of this Part, the Board shall have power to make standing orders to regulate its own proceedings.
(1) Kuorum di semua mesyuarat Lembaga adalah tiga orang anggota selain dari Pengerusi atau Timbalan Pengerusi.
(2) Jika Pengerusi tidak hadir di sesuatu mesyuarat Lembaga, Timbalan Pengerusi hendaklah mengetuai mesyuaraț itu dan, jika Pengerusi dan Timbalan Pengerusi kedua-duanya tidak hadir, maka anggotaanggota yang hadir hendaklah memilih seorang dari kalangan mereka untuk mengetuai mesyuarat itu.
(3) Persoalan yang timbul di sesuatu mesyuarat Lembaga hendaklah diputuskan dengan cara undi terbanyak anggota-anggota yang hadir dan mengundi atas persoalan itu dan jika terdapat undi sama banyak atau orang lain , yang mengetuai mesyuarat itu hendaklah mempunyai undi kedua atau undi pemutus.
(4) Tertakluk kepada peruntukan-peruntukan Bahagian ini, Lembaga hendaklah mempunyai kuasa untuk membuat perintah tetap bagi mengatur prosidingnya sendiri.
Part II — Establishment and constitution of board
(1) Any member who has or acquires, directly or nteresicd indirectly by himself, his partner or agent—
(a) any share of interest in any contract made with or work done for the Board or in any company or with any person or in respect of any undertaking with which the Board proposes to contract; or
(b) any beneficial interest in land proposed to be acquired, purchased, leased or otherwise dealt with by the Board or which he knows to be affected or to be likely to be affected by any project, scheme or enterprise approved or proposed to be approved by the Board; shall, before taking part in any proceedings at a meeting of the Board, relating to or affecting directly or indirectly any such contract or land, inform the person presiding at such meeting of the nature and extent of such share or interest, and such information shall be recorded in the minutes of such meeting, and such member shall not vote upon any resolution or question relating thereto or to matters incidental thereto and if the person presiding at the meeting so requests, such member shall withdraw from the meeting during such deliberation or decision: Provided that no member shall be deemed to have or acquire any share or interest in a contract with the Board by reason only that he has or acquires a share in any loan issued by the Board or in any security for the same: Provided further that for the purpose of determining whether there is a quorum a member who attends the
(2) Any person who contravenes or fails to comply with the provisions of subsection (1) of this section shall be guilty of an offence and shall be liable on con riction to a fine of one thousand ringgit and imprison
[Pt. III, S. 15-17]
(1) Subject to the provisions of this Act, the Board appoint committee. may, for any general or special purpose, appoint such committees as it thinks desirable.
(2) A committee may do all such things as may be necessary tor the eilective carrying out of its functions but shall be subject to the general directions of the Board
(3) A committee shall consist of a Chairman and not more than five other persons.
(4) A committee may consist of persons who are not members of the Board.
(5) Members of a committee may be paid such remuneration or allowance as the Board may, with the approval of the Minister, determine. Meetings of
(1) In the absence of the Chairman of a committee a committee. from any meeting of the committee such other member of the committee as may be elected by the members present shall preside over the meeting.
(2) The quorum for the meeting of a committee shall be three.
(3) Any question to be determined at any meeting of a committee shall be decided by the votes of the majority of those present and voting thereon, and in the case of an equality of votes the person presiding shall have a second or casting vote.
(4) A committee may invite to any of its meetings any person who can. in its opinion contribute to its deliberations but such a person shall have no right to vote at the meeting.
(5) Subject to this section and the directions of the Board, a committee shall regulate its own procedure. Delegation of powers.
(2) Any functions delegated under this section—
(a) may be so delegated subject to such conditions or restrictions as the Board may either generally or specially impose;
le Board sint such : may be unctions is of the tand not › are not aid such with the ammittee member members ttee shall presiding immittee, ch of its le. tiononditions generally IPt. I!I, S. 17-20]
(b) shall be exercised by the committee, member, officer or servant concerned in the name and on behalf of the Board.
(3) No delegation made under this section shall preclude the Board itself from exercising or performing at any time any of the functions so delegated.
(1) Lembaga boleh mewakilkan kepada mana-mana jawatankuasa, anggota, pegawai atau pengkhidmat emnoaga, mana-mana daripada fungsinya sebagaimar ang disifatkannya perlu atau dikehendak
(2) Apa-apa fungsi yang diwakilkan di bawah seksyen ini-
(a) boleh diwakilkan sedemikian tertakluk kepada a-apa syarat atau sekatan sebagaimana yan kenakan secara am atau khas oleh Lembag
(b) hendaklah dijalankan oleh jawatankuasa anggota, pegawai atau pengkhidmat yang berkenaan atas nama dan bagi pihak Lembaga.
daripada is a boleh lana yang Menteri. idak hadir ana-mana ing dipilih mengetuai sa adalah atukan di iputuskan a-anggota meag jiai edua atau ıdang ke ian meng- Lembaga; itankuasa, yang berembaga. [Bah. III, S. 17-20]
(3) Tiada sesuatu perwakilan yang dibuat di bawah seksyen ini boleh menghalang Lembaga daripada menjalankan atau melaksanakan sendiri pada bila-bila masa mana-mana daripada fungsi yang diwakilkan sedemikian.
Part II — Establishment and constitution of board
(1) Subject to the provisions of this Act and of Power of any regulations made thereunder, the Chairman may to deregate. delegate in writing to any member, officer or servant of the Board the power and authority to carry out on his behalf suich duties, powers or functions as he may determine.
(2) The Chairman may at the time of delegating any power or authority under subsection (1) to any member, officer or servant, or at any time thereafter give direc. tions as to the manner in which such delegated power or authority is to be exercised and may at any time revoke, modify or increase such delegation.
(1) The common seal of the Board shall be in the Exccution of custody of the Chairman and shall not be used except in the presence of the Chairman or Deputy Chairman and one member and such use shall be authenticated subs. AH665 by the signatures of such persons and such authentication shall be sufficient evidence that such seal was duly and properly fixed and that it is the lawful seal of the
(2) All documents, other than those required by law = AAGGS to be under seal, to which the Board is a party may be signed on behalf of the Board by the Chairman or any member or by any officer or servant generally or specially authorised in that behalf by the Board.
(1) No act or proceeding of the Board or any Votancy committee thereof shall be questioned on account of notto any vacancy among the members or on account of the acts, elc. appointment of any member having been defective.
(2) Until the contrary is proved, every meeting of the Board or of any committee thereof shall be deemed to have been duly conyened and held and all members present thereat shall be deemed to have been duly qualified.
[Pt. III-IV, S. 20-24] Appointment of General Manager, Deputy Managers, officers and servants.
(3) A statement in any document to the effect that ny function has been delegated under this Part shal inless the contrary is proved, be evidence that suc delegation has been lawfully made.
Part IV — Administration
(1) Subject to section 22, the Board shall-
(a) from time to time, with the approval of the Minister, appoint and employ, a General Manager and such number of Deputy General
(b) from time to time, appoint and employ, such other officers and servants as may be necessary, for carrying out its functions and duties under this Act.
(2) Whenever the General Manager is prevented by iilness, absence from the State, or other like cause from performing his duties as such, or when the office of General Manager is vacant, the Board may with the approval of the Minister, appoint one of its officers to perform the duties of General Manager during such period as the General Manager is so prevented from performing his duties or the said office is vacant.
(3) Subject to the approval of the Minister, General Manager and other officers and servants of the Board shall be engaged on such terms and conditions as the Board may think fit. Restriction on alterations in establishment.
The Board shall not, without the approval of the Minister, make any addition to its established posts.
(I) The General Manager shall be the chief execu- Manageras tive officer responsible to the Board and shall perform such duties and exercise such powers as may be determined or delegated by the Board.
(2) Subject to the directions and controi of the Board, all officers and servants of the Board shall be under the administrative control of the General Manager. Officer or servant not to be interested in contracts.
fect that urt shall, lat such l of the oy, such ecessary, thịs Act. ented by use from office of with the fficers to ing such ted from ant. ster, the ats of the onditions al of the posts. ef execuperform be deter- 1e Board, inder the er. yment as irectly or ›r interest Board. [Pt. IV-Y, S. 24-25]
(2) Any officer or servant of the Board who has or acquires any such share or interest shall be liable in the discretion of the Board to summary dismissal without notice.
(3) No officer or servant shall be deemed to have or acquire any such share or interest by reason only that
(a) he is or becomes a member of an incorporated company which owns land situated in Sabah or had a contract with or executes work for the Board; or
(b) he has or acquires a share in any loan, issued by the Board or in any security for the same.
(1) Iiada seorang pun layak diambil kerja sebagai pegawai atau pengkhidmat Lembaga jika dia mempengkhidmat. punyai, secara langsung atau secara tak langsung, tidak boleh dengan sendirinya atau melalui pekongsinya, apa-apa berkepentingan syer atau kepentingan dalam sesuatu kontrak dengan, untuk atau bagi pihak, Lembaga. kontrak.
(2) Mana-mana pegawai atau pengkhidmat Lembaga yang mempunyai atau memperolehi apa-apa syer atau kepentingan sedemikian itu boleh menurut budi bicara Lembaga kena dipecat terus tanpa notis.
(3) Tiada seorang pun pegawai atau pengkhidmat boleh disifatkan sebagai mempunyai atau memperolehi apa-apa syer atau kepentingan sedemikian semata-mata oleh sebab bahawa—
(a) dia adalah atau menjadi anggota suatu syarikat yang diperbadankan yang memiliki tanah yang terletak_di Sabah atau mempunyai kontrak dengan Lembaga atau menjalankan kerja untuk Lembaga; atau
(b) dia mempunyai atau memperolehi suatu syer dalam apa-apa pinjaman yang dikeluarkan oleh Lembaga atau dalam apa-apa sekuriti bagi pinjaman itu.
Part V — Functions of the board, etc
(I) Subject as hereinafter provided it shall be the Goneral duty of the Board functions of Board.
(a) to manage and work the electrical installations belonging to the Board, and such other installations and equipment as may be acquired or installed by the Board;
(b) to establish, manage and work such energy installations as the Board may deem it expedient to establish; v (c) to promote and encourage the production, generation and utilisation of energy with a view to the economic development of the State;
(d) to secure the supply of energy at reasonable prices;
(e) to make regulations, in accordance with this Aistribution and use en entroy: governing the generation, transmission, Provided that the regulations made under his paragraph shall conform to the standard o afety and not be inconsistent with the reauire ments of any written law pertaining to such standard of safety;
(f) to adyise the Minister on all matters relating to the generation, transmission, distribution and use of energy.
[Pt. V, S. 25]
(2) For the purposes of subsection (1) and subject to the provisions of any written law the Board may-. a) subiect to the provisions of this Act ransmit, transiorm, distribute and seil energy either in bulk or to individual consumers in any part of the State;
(b) purchase, construct, reconstruct, maintain and operate supply lines, generating stations, transformer stations, pipelines, gas treatment equipequipment for the extraction distribution of liquefied petroleum gases, and all other appropriate stations, buildings and works;
(c) sell, hire or otherwise supply energy plant and energy fittings, and install, repair, maintain or remove any energy plant and energy fittings;
(d) acquire any property, movable or immovable, which the Board deems necessary or expedient for the purpose of construction, extending or maintaining any energy installation or otherwise carrying out its duties and functions under this Act;
(e) carry on all such other activities as may appear to the Board requisite, advantageous or convenient for it to carry on for or in connection with the performance of its duties under this Act or with a view to making the best use of any of its assets; and
(f) perform and permit its employees to perform any functions which may be delegated to it or them under the provisions of any written law relating to energy or machinery.
(3) Subject to the provisions of this Act, the Board shall for the purpose of carrying out the duties imposed upon it have power--
(a) to pay any person in its employ remuneratiot according to the conditions of his appointment
(b) to establish, control, manage and maintain, or contribute to, any pension scheme or provident fund approved by the Minister of Finance for the benefit of its staff or the dependants of deceased members of such staff;
subject to laygenerate, ell energy sumers in ntain and ›ns, transent equiption jases, and lings plant and aintain or fittings; nmovable, functions lay appear Is oi cono perform ed to it or ritten law the Board is imposed iuneration pointment; aintain, or provident inance for indants of IPt. V, S. 25-26] 1ig; (c) to authorize any department of the Government or the state or any person or organı- satlon, and to employ any agent, to carry out any work or pertorm any act in furtherance of the objects of this Act which the Board is competent to pertorm and which is approved by the Board
(d) to appoint such technical advisers as it may deem necessary and to permit such advisers to attend any meeting of the Board: Provided that such advisers shall not vote at any such meeting. Supply
(1) Subject to the provisions of subsection (2) in Duty of so tar as it is able to do so in the area of supply of Board to supply the Board as may be determined from time to time by energy the Minister, the Board shall supply energy to any erson requiring a supply of energy (in this sectio eferred to as a consumer) if such consumer undertake
(3) The Board shall not supply electrical energy to a Liense carg iae e consten a auat ante . Provided that where the consent of a licensee is required under this subsection and such licensee refuses or withholds such consent, the Board may appeal to the Minister and the Minister, if satisfied that the consent of such licensee is unreasonably refused or vithheld, may dispense with such consent. For th urposes of this proviso consent shall be deemed to b unreasonably refused or withheld if the licensee is not willing and able to supply the requisite electrical energy upon reasonable terms and within a reasonable time
Supply for private purposes. IPt. V, S. 26-27] having regard, amongst other things to the terms upon and the time within which the Board is willing and able to supply such electrical energy.
(4) Notwithstanding anything in this section conrained, the owner or occupier of any premises shall not be entitled to demand or continue to receive from other than normal and regular use from the Board a supply of electricity for any premises having a separate supply of electricity or a supply (in use or ready for use for the purposes for which such emergency supply oi electricity is required) of gas, steam or other form of energy unless such owner or occupier has agreed with the Board to pay the Board such minimum annual sum as will give him a reasonable return on the capital expenditure incurred by him in providing such emergency supply and will cover other standing charges incurred by the Board in order to meet the possible maximum demand for those premises. The sum to be paid shall be determined in default of agreement by arbitration.
The Board shall, upon being required to do so by the owner or occupier of any premises situated within 100 metres from any distributing main of the Board in which the Board is, for the time being, required to maintain or is maintaining a supply of energy for the purposes of general supply to private consumers under rules made under this Act, give and continue to give a supply of energy for those premises in accordance with the provisions of this Act, and the Board shall furnist and'lay any electric supply lines that may be necessary for the purpose of supplying the maximum power with which any such owner or occupier is entitled to be supplied . under a contract subject to the following condition: Provided that the cost of so much of any electric supply lines for the supply of electrical energy to any owner or occupier as may be laid or erected upon the property of that owner or in the possession of that occupier and of so much of any such electric supply lines as it may be necessary to lay or erect for a greater distance than 15 metres from any distributing main of the Board, although not on that property, shall if the Board so requires, be defrayed by that owner or occupier.
rms upon ;and able tion conshall not :om other a supply ite supply ir use for upply of r iorm of reed with mual sum le capital ing, such ig charges = possible ium to be ement by do so by ted within : Board in quired to gy for the lers under : to give a lance with all furnish necessary ower with iled to be following ny electric igy to any Lupon the in of that rio supply I a greater ig main of shall if the owner of [Pt. V, S. 28-30]
The Board shall, upon receiving reasonable notice Supply of trom a public or local authority requiring him to supply energy to any public lamps within the distance of 100 lampc metres from any distributing main of the Board in which the Board is for the time being required to maintain a current of energy for the purposes of general supply under this Act, give and continue to give a supply of energy to those lamps in such quantities as the public or local authority may require to be supplied.
(1) The maximum power with which any consumer Maximum shall be entitled to be supplied shall be of such amount power. as he may require, not exceeding what may be reasonably anticipated as the maximum power on his premises: Provided that where any consumer has required the Board to supply him with maximum power of any specified amount he shall not be entitled to alter that maximum except upon reasonable notice to the Board, and any expenses reasonably incurred by the Board in respect of the service lines by which energy is supplied to the premises of that consumer, or any fittings or equipment of the Board upon those premises consequent upon the alteration, shall be paid by him to the Board and may be recovered as a civil debt.
(2) If any difference arises between any such consumer and the Board as to what may be reasonably anticipated as the maximum power on his premises or as to the reasonableness of any expenses under this section, that difference shall be determined by the Minister.
(1) The Board shall not be compelled to give a Conditions supply of energy to any premises unless the Board is reasonably satistied that the electric lines, fittings and bedeclined, equipment therein are in good order and condition and would not in the opinion of the Board affect injuriously the use of energy by the Board or by other persons. tective devices, that difference shall be referred to an Electrical Inspector whose decision shall be final and binding on the parties.
Conditions under which supply may be discontinued. [Pt. V, S. 30-31] ACI 278
(3) The Board may refuse to supply electrical energy to any public or local authority, company or person whose payments for the supply of electrical energy are in arrears for a period of one month after demand has been made, (not reasonably being the subject of a dispute), whether any such payments be due to the Board in respect of supply to the premises in respect of which such supply is demanded or in respect of other premises.
(1) If a consumer uses any form of lamp or other consuming equipment or uses the energy supplied to him by the Board in such a manner as to interfere unduly or improperly with the efficient supply of energy to any other body or person, or it he makes any alteration in his installation without the previous approval of the Board, or if he fails to give reasonable facilities for testing, or if a leakage is discovered on his premises, or if he interteres with the Board's main fuses or equipment, or il he sells or disposes commercially of electrical energy without the consent of the Board, he shall be liable on conviction to a fine of three thousand ringgit and to imprisonment for six months, and the Board may, if he thinks fit, discontine to supply energy to those premises so long as the consumer makes default in respect to any of the above-named matters.
(2) If any public or local authority, company or person neglects to pay any charge for electricity (not reasonably being the subject of a dispute) or any other from them to the Board in respect of the supply of electricity to such public or local authority, company or person, the Board may cut off such supply, and for that purpose may cut or disconnect any electric supply line or other work through which electricity may be supplied, and may, until such charge or other sum, together with any expenses incurred by the Board in cutting off and re-connecting such supply of electricity, is fully paid, but no longer, discontinue the supply of electricity to such public or local authority, company or person: Provided that where any company or person has iven to the Board a deposit as security Ior paymen or a supply of electrical energy, the Board shail not b entitled to discontinue such supply until the sum due
1 energy :person ergy are land has of a disle Board of which premises. or other energy ler as to it supply le makes previous asonable rered on d's main commerit of the : of three months, :o supply er makes matters. ipany or city (not iny other it of the Luthority, h supply, y electric icity may her sum, Board in lectricity, supply of company erson has paymenı il not be sum due l°t. V, s. 31-34] to him for that supply shall equal the sum so deposited as security and after payment shall have been demanded.
(1) Twenty-four hours' notice in writing shall be Notice to gıven to the Board by every consumer before he quits any premises supplied with electrical energy by the Board, and, in default of such notice the consumer so quitting shall be liable to pay to the Board the money due in respect of such supply up to such time as notice of removal is given or up to the next usual period for ascertaining the register of the meter or otherwise for determining the charges due on such premises, or to the date from which any subsequent occupier of such premises may require the Board to supply electrical energy to such premises, whichever shall first occur.
(2) Notice to the effect of this section shall be endorsed upon any demand note for charges for electrical energy: Provided that nothing in this section shall invalidate any agreement entered into between the Board and any consumer as to the period for which a supply of electrical energy shall be taken by such consumer.
In case any consumer of electricity supplied by Payment in the Board leaves the premises where such electricity has been supplied to him without paying the electricity rent or meter rent due from him, the Board shall not be entitled to iequire from the next tenant of such oremises the payment of the arrears lett unpaid by the ormer tenant unless such incoming tenant has undertaken with the former tenant to pay or exonerate him from the payment of such arrears.
The Board may, before executing the necessary Security for work for connecting up the premises of the owner or payment. occupier to the distributing mains, by notice in writing, require the owner or occupier of those weithin seven days after te dater of the service of ses, notice, to give to him security for the payment of all moneys which may become due to him in respect of the supply, in case the owner or occupier has not alrea has ben the invecu or iotniufioenta and in casy.
IPt. V, S. 34-36] any such owner or occupier fail to comply with the terms of the notice, the Board may, if he thinks fit, refuse to supply energy for the premises so long as the failure continues. Recovery of 35. (1) If any person supplied with electricity or with v any electricity meter or fittings by the Board neglects to pay to the Board the rent due for such electricity, or the rent or money due to the Board for the hire or fixing of such meter, or any expenses lawfully incurred in cutting off the electricity from the premises of such person, or the rates due for the connection of service lines to distributing mains, or any other sum due in connection with the supply of energy, the Board may recover the sum so due in like manner as a penalty under this Act.
(2) Whenever any person neglects to pay any reni or such due payable by him to the Board, the Board may recover the same in any court of competent jurisdiction, and the remedy of the Board under this Act shall be in addition to his other remedies for the recovery of such rent or sum. enter lands or premises for ascerfaining quantity of consumed, or to remove fittings. Power of Entry
(1) Jika mana-mana orang dibekalkan dengan Mendapatelektrik atau dengan apa-apa meter elektrik atau pasangan oleh Lembaga mengabai untuk membayar elektrik kepada Lembaga sewa yang kena dıbayar bagı elektrik itu, atau sewa atau wang yang kena dibayar kepada •
memasuki tanah atau premis bagi menentukan kuantiti elektrik yang digunakan, untuk mengalih pasangan. [Bah. V, S. 35-36] Lembaga kerana menyewa atau memasang meter itu, atau apa-apa perbelanjaan yang ditanggung beban dengan sahnya untuk memotong elektrik dari premis orang itu, atau kadar yang kena dibayar bagı penyambungan talian perkhidmatan ke sesalur agihan, atau apa-apa jumlah wang lain yang kena dibayar berkaitan dengan bekalan tenaga, maka Lembaga boleh mendapatkan balik jumlah wang yang kena dibayar sedemikian itu dengan cara yang sama seperti penalti di bawah Akta ini.
(2) Bila-bila masa seseorang mengabai untuk membayar apa-apa sewa atau jumiah wang yang genap masa dan kena dibayar olehnya kepada Lembaga, Lembaga boleh mendapatkan balik sewa atau jumlah wang itu dalam mana-mana mahkamah berbidangkuasa kompeten, dan remedi Lembaga di bawah Akta ini adalah selain dari remedinya yang lain bagi mendapatkan balik sewa atau jumlah wang itu. Kuasa untuk Masuk
Part V — Functions of the board, etc
(1) Any officer appointed by the Board may at all reasonable times enter any premises to which electricity is or has been supplied by the Board, in order to inspect the electric lines, meters; accumulators, fittings, works and equipment for the supply of electricity belonging to the Board, and the wires, fittings and equipment belonging to the consumer, and for the purpose of ascertaining the quantity of electricity consumed or supplied, or where a supply of electricity is no longer required, or where the Board is authorized to take away and cut off the supply of electricity from any premises, for the purpose of removing any electric lines, accumulators, fittings, works, or equipment belonging to the , repairing all damage caused by such entry, inspection or removal: Provided that no officer appointed by the Board shall such premises without the permission of the occupier first had and obtained. Such permission shal not be refused.
with the inks fit, ig as the or with neglects ectricity, e hire or incurred i of such if service a due in ard may 1 penalty any rent re Board ompetent nder this s for the lay at all :o inspect gs, works velonging quipment irpose of umed or no longer ake away premises, , accumung to the ch entry, oard shall in of the sion shall [Pt. V, S. 36-38]
(2) In any case where such permission is retused, the occupier r, lssee or oal er or ane natemises to hhich electrical energy is or has been supplied by the Board may be liable under this Act in respect of such refusal, cut or disconnect any electric supply line or other work through which electrical energy may be supplied, and may until such permission is given and any expense incurred by the Board in cutting or disconnecting and reconnecting any electric supply line or other work as atoresaid, are fully paid, but no longer, discontinue or refuse to supply electrical energy to such occupier, Electric Lines
When any electric lines, meters, accumulators, Electric fittings, works and equipment belonging to the Board are placed in or upon any premises not being in the subjectto possession of the Board for the purpose of supplying electricity under this Act, such electric lines, meters, accumulators, fittings, works and equipment shall not be subiect to distress or to the landlord's remedy for rent of the premises where the same may be, or to be taken in execution under any process of any court or under any proceedings in bankruptcy against the person in whose possession the same may be.
(1) All electric lines, meters, accumulators, fittings, Eleciric works and equipment let by the Board on hire or belonging to the Board, but being in or upon premises of which the Board is not in possession shall, whether they be or be not fixed or fastened to any part of any premises in or upon which they may be situated, or to the soil under any such premises, at all times continue to be the property of, and be removable by the Board, and sections 36 and 37 shall extend and apply to all such electric lines, meters, accumulators, fittings, works and equipment: Provided that such electric lines, meters, accumulators, fittings, works and equipment, have upon them respectively a distinguishing metal plate affixed to a conspicuous part thereof, or a distinguishing brand or other mark conspicuously impressed or made thereon; sufficiently indicating the Board as the actual owner thereof.
Funds of the Board. [Pt. V-VI, S. 38-391 mapoбo c by ie Board er weths a agte by instalment shall, until the whole of the instalments have ›een paid, be deemed to be electric lines, meters, accu nulators, nttings, works and equipment let on hire b. the Board.
(3) Nothing in this section shall affect the amount of ssessment for rating of any premises upon which an lectric lines, meters, accumulators, fittings, works an equipment are or shall be fixed.
Part VI — Financial provisions
(1) There shall be established a Fund to be known as the "Lembaga Letrik Sabah Fund" which shall consist of—
(a) such sums as may from time to time be provided by Parliament to the Board or donated by the Government of Sabah or of any other State or by any other institution or person for the purposes of the Board;
(b) such sums as may from time to time be raised by the Board by loan;
(c) such sums as may be collected as tarilis unde the provisions of this Act or any other writter
(d) all rent and proceeds of sale profits and income and other funds derived by the Board directly or indirectly from the property belonging to the Board;
(e) all fees and such other sums as may from time to time be paid to the Board. shall be appied in d ehr inarthe followini gaarigsyear
(a) the remuneration. fees and allowances of the members of the Board;
(b) the salaries, fees, remuneration, allowances, pensions, superannuation allowances and any zratuities due under any contract, of the officers, agents and servants and technical or other advisers of the Board;
rio lines, quipment 'ment by ents have ers, accun hire by mount of rhich any rorks and se known shall conprovided ed by the • State or for the be raised fis under ir written d income ing tochy rom time cial year argeses of the lowances, and any of the hnical or IPt. VI, S. 39-40]
(c) working and establishment expenses and expenditure on, or provision for the maintenance of any of the installations of the Board, and the discharge of the functions of the Board properly chargeable to revenue account;
(d) interest onl any debentures and debenture stock issued, and on any loan raised by the Board;
(e) sums required to be transferred to a sinking fund or otherwise set aside for the purpose of making provision for the redemption of debentures or debenture stock or the repayment of other borrowed moneys;
(f) such sums as it may be deemed appropriate to set aside in respect of depreciation on the property of the Board having regard to the amount set aside out of revenue under paragraph (e) of this subsection; and
(g) any other expenditure authorized by the Board and properly chargeable to revenue account
(3) The balance of the revenue of the Board shall be applied-
(a) to the creation of a general reserve; and
(b) to the payment of such interest on shares and stock issued by the Board as the state of the undertakings and the financial position oi the Board appear, in the opinion of the Board, to warrant, but so that, in the case of ordinary shares or stock, the rate of interest shall not exceed an average rate, taking one year with another, of six per centum per annum of the nominal value thereof. from time to time, with the Powerto issue stock, etc. upon such terms as it may deem expedient, for all or
(a) the provision of working capital;
(b) the fulfilling of the functions of the Board under this Act;
(c) the acquisition of other electricity undertaking;
iPt. VI, S. 40-44] duties and powers of Board in financial matters. Method of charging.
(d) the redemption of any shares or stock which it is required or entitled to redeem; and
(e) any other expenditure properly chargeable to capital account.
Lembaga boleh, dari șemasa ke semasa, dengan kelulusan Menteri, meminjam wang dengan cara mengeluarkan debentur, stok debentur atau mendapatmodal dengan stok darı apa jua jenis dan nilai dan mengikut apaapa terma sebagaimana yang disifatkan bermanfaat bagi kesemua atau mana-mana maksud berikut--
(a) mengadakan modal kerja;
(b) memenuhi fungsi Lembaga di bawah Akta ini;
(c) pengambilan pengusahaan elektrik lain;
(d) menebus mana-mana syer atau stok yang ia dikehendaki menebus atau berhak menebus;
(e) apa-apa perbelanjaan lain yang boleh dipertänggungkan dengan sepatutnya kepada akaun modal.
Part VI — Financial provisions
It shall be the duty of the Board so to exercise and perform its functions under this Act as to secure that the total revenues of the Board are sufficient to meet its total outgoings properly chargeable to revenue account, including depreciation and interest on capital, taking one year with another.
The Board may charge for energy supplied to any consumer (otherwise than by agreement) either by the Rates and scales of charges for energy. Other charges by agreement. for the time being, be approved by the Minister.
(1) Except in the case of an agreement entered into in pursuance of section 44 the prices to be charged by the Board for energy supplied by the Board shall not exceed such tarifis as may, from time to time be fixed under the provisions of this Act.
(2) The Board in fixing tariffs and making agreements for the supply of energy shall not show undue preference as between consumers similarly situated, and shall not exercise undue discrimination as between persons similarly situated, having regard to the place and time of supply, the quantity of energy supplied, the consumer load and power factor, and the purpose for which the supply is taken.
(3) If any difference arises as to what is undue preference, advantage, rebate or privilege, or as to price, that difference shall be determined by the Minister.
Subject to the provisions of this Act and to the right of the consumer to require that he shall be charged according to some or other of the methods above menand may charge accordingly.
ik which nd geable to exercise to secure ficient to ) revenue n capital, ed to any er by the he maxiorby a d as may, :er. tered into larged by shall not : be fixed mиppиcu, = purpose ndue preinis tprice, id to the e charged love menit with a nergy and certained, [Pt. VL, S. 45-49)
the price to be charged by the Board and to be Pricefo paid to the Board for all energy supplied to the public lamps, and the mode in which these charges are to be lamps. ascertained, if not specified in the contract, and the cost of so much of the construction of any electric line from the distributing mains of the Board shall be settled by agreement between the public or local authority and the Board and, in case of difference, shall bẹ determined by arbitration, regard being had to the circumstances of the case and the distributing or other mains (if any) which may have to be laid for the purpose, and the prices charged to ordinary consumers in the district.
The Board may, from time to time, invest any of investment its funds, not immediately required to be expended in the meeting of the obligations or in the discharge of the functions of the Board, in securities authorized for the investment of trust funds by any written law tor (ig on in an kin 0%, o e n aon etaing a.in2. as may be approved by the Minister of Finance.
(1) The Board may, from time to time, with the Borrowing approval of the Minister, borrow money by the issue of debenture stock or otherwise for the purpose of this Act. Subs A17665
(2) The Board may, from time to time, for the purpose of this Act, raise loans from the Government, or with the consent of the Minister, borrow by way of a temporary loan or overdraft from a bank licensed under the provisions of the Banking Act 1973, or other- Act 102.
The Board may secure the repayment of any sum Loansmay borrowed, by the mortgage or charge, legal or equit- by morlgage. able, of any property vested in the Board, or of any revenue receivable by the Board under this Act or any other written law.
(1) Subject to such conditions as the Minister may pakeioans. deem fit to impose in particular cases, the Board may, out of the Fund make loans in accordance with the provisions of this Act in that behalf, in the execution of its duties or in the discharge of its functions under section 25.
guarantee loans. Annual estimates. [Pt. VI, S. 49-53]
(2) In making loans under the provisions of subsection (1) the Board may charge süch rate of interest as it may deem fit in any particular case.
(3) Every loan shall be repaid to the Board in accordance with the terms and conditions under which such loan was made and the money so paid shall thereupon be taken into the accounts of the Board.
(4) Every mortgage to secure loan and every instrument or charge under the provisions of this Act shal e approved by the Board and all costs, charges anc expenses incurred in connection therewith shall be paid by the person to whom the loan is made.
The Board may, with the written approval of the Minister, guarantee any loans made by any bank or finard aor antiutiopose for aphican Board mid byleie have granted such loan.
(1) The Board shall before the commencement of ach financial year cause to be prepared and shall adop ınnual estimates of income and expenditure of th Board for the ensuing year.
(2) Supplementary estimates may be adopted by the Board at any of its meetings.
(3) A copy of all annual estimates and supplementary estimates shall, upon their adoption by the Board, be sent forthwith to the Minister for his approval.
(4) No expenditure shall be incurred by the Board which has not been included in annual estimates o1 supplementary estimates adopted by the Board anc approved by the Minister.
For the avoidance of doubt, it is declared that the rovisions of the Statutory Bodies (Accounts an‹ Annual Reports) Act 1980 shall apply in respect of th Board. Statutory Bodies (Accounts Annual Reports) to apply. Act 240. /Act 478 Exemption from stamp duty. relating to stamp duties.
of subfinterest in accorlich such rereupon y instru- Act shall rges and 1 be paid al of the bank or d by the ight itself ement of all adopt e of the ed by the ementary 3oard, be he Board mates or sard and I that the unts and ect of the of stamp g in force . [Pt. VI-VII, S. 54-56] sn. aco All i sie ank of aoks liceased uipaer the sanbont. provisions of the Banking Act 1973 as may be approved Act 102 by the Board.
(2) All orders against the said account shall be signed by the General Manager and countersigned by another officer of the Board authorized in writing in that behalf by the Board.
Lembaga hendaklah dikecualikan dari bayaran duti setem di bawah mana-mana undang-undang bertulis setem. yang sedang berkuatkuasa berhubungan dengan duti
[Bah. VI-VII, S. 54-56]
(2) Semua perintah mengeluarkan wang dari akaun tersebut hendaklah ditandatangani oleh Pengurus Besar dam dåza data dan rimasa secira Coranis bagai nai kaid itu oleh Lembaga. Bila tender dipanggil. Peta kawasan dibuat. aga yang melibatkan perbelanjaan Lembaga, hendak ah dipanggil bagi sesuatu hal dan mengikut apa-apa cara yang diarahkan oleh Kerajaan secara am atau dalam sesuatu hal tertentu.
Part VI — Financial provisions
Tenders for the execution of any work or duty, OI When for the supply of any materials or for other things tendersto necessary for the purposes of the Board whereby the expenditure of the Board is involved, shall be called in 'such cases and in such manner as the Government may genérally or in any particular case direct.
Part VII — Plans etc
(1) The Board shall forthwith after commencing to Map of supply eneaescale seoo mss thaneominn oftrea or other scale approved by the Director of Lands and Surveys, and shall cause to be marked thereon the position of all transmission lines in such form and showing such detail as the Minister may direct, and hall cause plans to be prepared of the area of eac. local authority in which distribution lines have bee laid to a scale of not less than one in two thousand tive hundred or other scale approved by the Director of Lands and Surveys showing the position of all overbe ot пe eiferco, ni sili promi timc d lime caeg. all extensions to be marked thereon as soon as may be practicable after the lines have been laid.
(2) Every map or plan so made or corrected or a copy thereof marked with the date when it was so made r last corrected shall be kept by the Board at his prin ipal office, and shall at all reasonable times be opel o the inspection of the Director of Public Works o jabah, General Manager Railways. Director Genera of Telecommunications Malaysia and any officer duly
[Pt. VII, S. 56-57] d Survey and the looal au thority shal a d reasonable charge supply to the Board copies of the necessary maps, if available, or failing such maps then they shall supply all information which may be available to'enable such maps to be prepared.
(3) The Board shall, it required by the Director of Public Works of Sabah, General Manager Rallways, or the Director General of Telecommunications, Malaysia. supply a copy of any such map or plan and shall, it required by a local authority, supply them with a copy of the plans showing the distribution lines within their boundaries. Plans for approval of
(1) The Board shall before executing any of the Minister. several works mentioned below, submit for the approval of the Minister three copies of the respective plans and drawings as follows:
(a) plans and drawings to a scale of not less than one in five hundred of dams, weirs, canals, reservoirs, tunnels, and headworks;
(b) plans to a scale of not less than one in fifty _other scale approved by the Director of Lands and Surveys showing the main transmission limes;
(c) plans and drawings of power houses to a scale of not less than one in five hundred.
(2) If the disapproval of the Minister is not motified in respect ot any item at the expiration of twenty-eight days after the same shall have been submitted to him the said plans shall be deemed to have been approved and the Board shall be at liberty to execute the works.
(3) The foregoing provisions shall also apply to any 'amended plans and drawings which the Board may submit to the Minister to meet any disapproval or objections raised by him: Provided that the Minister shall notify his approval or disapproval of or objections to any such amended plans and diawings before the expiration of fourteen days as from the date when the same shall have been so submitted, and in the event of nio notification being made within such period aforesaid the Board shall be at liberty to proceed as if approval had been given.
ector of tall at a spốt tạn sê availector of ways, or 1alaysıa shall, il h a copy hin their y of the approval ›lans and less than ;, canals, e in fifty by the wing the to a scale it notified enty-eight ed to him approved e works. ; approval amended f fourteen have been tion being d shall be .given. IPt. VII, S. 57-58]
(4) The Board shall not execute any of the works in respect of which plans are required to be submitted to the Minister except in accordance with approved plans and any breach of the requirements of this subsection shall render the Board liable on conviction to a penalty of one thousand ringgit for each default. Wayleaves
(1) The Board may place any electric supply line Werleaves either above or below ground across any_land, other than land covered by buildings or used as a garden or pleasure ground: Provided that before placing any such line across any land the Board shall serve on the owner or occupier of the land notice of his intention together with a description of the nature and position of the lines proposed to be placed, and if within twenty-one days after the service of the notice the owner or occupier fails to give his consent or attaches to his consent any terms or conditions to which the Board objects, the District Officer of the district may, subject as hereinatter provided, give his consent to the placing of such lines, either unconditionally or subject to such terms and conditions as he thinks just.
(2) Nothing in subsection (1) shall authorize or empower the Board to lay down or place any electric supply lmne or other works into, through or acainst an building or on, over or under anv land covered wit buildings, or used as a garden or pleasure ground, without the consent of the owner or occupier thereof: Provided that any support of an overhead line or any stay or strut required for the sole purpose of securing the support of an overhead line may be fixed on any land or building with the consent of the District Officer of the district if in his opinion the consent of the owner or occupier is being unreasonably withheld, and the District Officer of the district shall fix the amount of compensation or of annual rental, or of both, which shall be paid by the Board to the owner or occupier.
(3) If the owner or occupier of any land on which any electric supply line has been placed requires the position of such electric supply line to be changed, the District Officer of the district may, by notice in writing, require the Board to alter the position of the electric
[Pt. VII, S. 58-601 supply line, subject to conditions which, failing agreement between the parties, may be determined by the Minister.
(4) In deciding whether to give or withhold his consent or to issue any notice or to impose any terms or conditions, the District Officer shall take into consileration all representations or objections received il accordance with the notice or otherwise, and shall hav regard to the eitect, it any, on the amenities or value of the land of the placing or altering of such electric supply line or other work in the manner proposed. break up streets, etc., under superintendence, and to open drains. Conditions as to superintendence of breaking up of streets. Works
The Board, under such superintendence as is nereaiter specified, may open and break up the soil and pavement of the several streets and bridges within the area of supply and may open and break up any sewers, drains or tunnels within or under such street and bridges and lay down and place, within the same limits, electric supply lines, service lines and other works and, from time to time, repair, aiter or remove the same, and for the purposes aforesaid may remove and use all earth and inaterials in and under such streets and ridges, and he may in such streets erect any poles pillars, lamps and other works and do all other acts which the Board shall from time to time deem necessary for supplying electricity to the inhabitants of the area included within the said limits, doing as little damage as may be in the execution of the powers hereby granted, and making compensation for any damage which may be done in the execution of such powers, and subject to such rules as may be prescribed from time to time by the Minister.
No such street, bridge, sewer, drain or tunnel shall (except in the case of emergency of which notice shall immediately be given as hereinatter provided), be opened or broken up except after seven days' notice to the control or management thereof or of their officer. and according to such plan as shall be approved of by such persons or their officer, or in case of any difference respecting such plan, then according to such plan as shall be determined by the Minister who may, on the application of the persons having the control or
ng agreed by the hold his ny terms ito consiceived in hall have or value h electric posed. s is heresoil and vithin the Ly sewers, treet and me limits, orks and, he same nd use all reets and uny poles, sthei acts necessary E the area damagı s hereb , damag 1 powers ibed from innel shall otice shall rided), be 'notice to ıns having eir officer, ›ved of bý difference ih plan as ay, on the ontrol or [Pt. VII, S. 60-62] management, or their officer, require the Board to make such temporary or other works as the applicants may think necessary for guarding against any interruption of the drainage during the execution of any works which interfere with a sewer or drain: Provided always that, if the persons having the controi or management fail to attend at the time fixed for the opening of any such street, bridge, sewer, drain or tunnel, after having had notice of the Board's intention, or shall not propose any plan for breaking up or opening the same, or shall refuse or neglect to superintend the operation, the Board may perform the work specified in' such notice without the superintendence of such persons or their officer.
When the Board opens or breaks up the road or Sroke, tc,, pavement of any street or bridge, or any sewer, drain or tobe tunnel, he shall with all convenient speed complete the reinstated work for which the same shall be broken up, and fill in the ground and reinstate and make good the road or pavement, or the sewer, drain or tunnel so opened or broken up, and carry away the rubbish occasioned thereby, and shall at all times, whilst any such road or avement shall be so opened or broken up, cause th ame to be fenced and guarded and shall cause a ligh sufficient for warning the public to be set up and maintained against or near such road or pavement where the same shall be opened or broken up every night, before sunset and until sunrise, during which the same shall be continued opened or broken up and shal keep the road or pavement which has been broken up im gond oep ihne oa te, and mor suci fuet e place, it any, not being more than six months in the whole, as the soil so broken up shall continue to subside.
Before the Board proceeds to open or break up any Notice officer, notice in writing of his intention, not less thar seven clear days before beginning such work, except ir breaking up streets or opening drains. the necessity for the same shall have arisen.
Laying of electric supply lines, etc., or gas orwater pipes or other electric supply lines. IPt. VII, S. 63]
(1) Where-
(a) the Board requires to dig or sink any trench for laying down, erecting or constructing any new electric supply lines (other than service lines) or other works near to which any sewer, dram, watercourse, deience or work, or any main, pipe, syphon, electric supply line, telecommunications wire or cable or other work under the jurisdiction or control of a public or local authority or belonging to any gas, electric supply, telecommunications or water company, has been lawfully placed; or cables, or pipes (other than service pipes) or other works near to which any electric supply lines or works of the Board have been lawfully placed, the Board or such public or local authority, or company, as the case may be (in this section referred to as "the operator") shall, unless it is otherwise agreed between the parties interested, or in case of sudden emergency, give to the public or local authority, or company concerned, or to the Board, as the case may be (in this section referred to as "the owner" not less than seven days' notice before commencing to dig or sink such trench as aforesaid, and that owner shall be entitled by his officer to superintend the work, and the operator shall conform to such reasonable requirements as may be made by the owner or the officer for protecting from injury every such sewer, drain, watercourse, defence, main, pipe, syphon, electric supply lime, telecommunications wire or cable or works, and for securing access thereto, and he shall also, if required by the owner thereot, repair any damage that may be done thereto.
(2) Where the operator tinds it necessary to under nine but not alter the position of any pipe, electri supply line, wire or cable or works, he shall support it in position during the execution of his work, and before completion provide a suitable and proper foundation for it where so undermined.,
iny trench ucting any an service any sewer, 'k, or any line, telether work a public or ;as, electric company, :I company for laying uins, wires, I company, to as "the ed between emergency, npany conbe (in this than seven : sink such be entitled y to underipe, electric Il support it Fonndaton [Pt. VIl, S. 63-64]
(3) Where the Board in laying any electric supply line crossing is liable to touch any mains, pipes, lines or services ,belonging to any gas, electric supply, telecommunications or water authority, or company, the conducting portions of the electric supply line shall be effectively insulated in a manner approved by the Electrical Inspector and the Board shall not, except with the written consent of such authority or company as the case may be, and of the Minister, lay his electric supply line so as to come into contact with any such mains, pipes, lines or services, or except with the like consent and in a manner approved by the Minister employ any such mains, pipes, limes or services, as conductors for the purposes of his supply of energy. thiss Any guestion oe direiendoy like Mayarise under any of the requirements of this section he shall make full compensation to all owners affected thereby for any loss, damage, penalty or costs which they may incur by reason thereof and in addition thereto he shall be liable or each default to a penalty not exceeding fifty ringg nd a daily penalty not exceeding fifty ringgit case was one of emergency, and that the operator complied with the requirements of this section so far oei at e dernincd by olietion, thing nguic.
IPr. VII, S. 65] Alteration / 65. (1) The Board may alter the position of any pipe of pipes or wires. or of any wire under or over any place which the Board is authorized to open or break up, if such pipe or wire is likely to interfère with the exercise of the Board's powers under this Act and any person may alter the position of any electric supply lines or works of the Board under or over any such place as aforesaid, it suct electric supply lines or works are likely to interfere with the lawful exercise of any powers vested in him.
(2) In any such case as aforesaid the following provisions shall, in the absence of an agreement to the contrary between the parties concerned, apply, namely-
(a) not less than twenty-eight days before commencing any alteration, the Board or other person desiring to make the same (hereinafter in this section referred to as "the operator") shall serve upon the person for the time being entitled to the pipe, wire, electric supply lines, or works, as the case may be (hereinafter in this section referred to as "the owner") a notice in writing, describing the proposed alteration, together with a section and plan thereot on a scale sufficiently large to show clearly the details of the proposed works, and not in any case smaller than 1:100 vertically, and 1:4000 horizontally, and intimating the time when it is to be commenced, and shall subsequently give such further information in relation thereto as the owner may desire;
(b) within fourteen days after the service of the notice, section and plan upon the owner, the owner may serve upon the operator a requisition to the effect that any question arising üpon the notice, section or plan shall be determined by arbitration, and thereupon the matter shall, unless settled 'by agreement, be determined by arbitration;
(c) every arbitrator to whom a reference is made under paragraph (b) shall have regard to any duties or obligations which the owner is under, and may require the operator to execute any . temporary or other works so as to avoid, as far as possible, interference therewith;
any pipe he Board le or wire = Board's alter the ks of the id, if such rfere with him. wing proint to the i, apply, fore comor other zereinafter operator") time being pply lines, einafter in ") a notice alteration, ereoi on a the details anycas : when it is uently give thereto as vice of the ¡ a requisidetemined natter shall, ice is made gard to any er is under, execute any ivoid, as far [Pt. VII, S. 65]
(d) where no requisition is served upon the operator under paragraph (b) within the time named, or where such a requisition has been served and the matter has been settled by agreement or determined by arbitration, the alteration may upon payment or securing of any compensation accepted or determined by agreement or arbitration, be executed in accordance with the notice,section and plan and subject to such modifications as may have been determined by arbitration or agreed upon between the parties;
(e) the owner may, at any time before the operator is entitled to commence the alteration, serve upon the operator a statement in writing to the effect that he desires to execute the alteration himself and that he requires the operator to give such security for the repayment of any expenses as may be agreed upon or, in detault of agreement, determined by arbitration;
(f) where a statement is served upon the operator under paragraph (e), he shall, not less than forty-eight hours before the execution of the alteration is required to be commenced furnish such security and serve upon the owner a notice in writing intimating the time when the. alteration is to be commenced, and the manner in which it is to be made and thereupon the owner may proceed to execute the alteration as required by the operator;
(g) where the owner declines to comply, or does not within the time and in the manner prescribed by a notice served upon him under paragraph (f), comply with the notice, the operator may himself execute the alteration;
(h) all expenses properly incurred by the owner in complying with a notice served upon him by the operator under paragraph if may recovered by him from the operator.
(3) Where the Board or other person desiring to make the alteration makes default in complying with any of these provisions, he shall make full compensation for any loss or damage incurred by reason
remove trees, etc., endangering -overhead lines: (pt. VII, S. 65-66] thereof, and, where any difference or dispute arises as to the amount of such compensation, the matter shall be determined by arbitration.
Jika Lembaga telah mendirikan di mana-mana lebuh apa-apa tiang, tunggak, lampu atau kerja-kerja lain, atau meletakkan atau mendirikan mana-mana talian bekalan elektrik di sepanjang mana-mana lebuh, Menteri boleh, walau apa pun peruntukan lain dalam Akta ini, melalui notis sécara bertulis menghendaki Lembaga supaya mengubah kedudukan tiang, tunggak, lampu atau kerja-kerja lain, atau talian bekalan elektrik itu, tertakluk kepada syarat-syarat yang, jika tiada tercapai perjanjian, hendaklah ditentukan dengan cara timbangtara. Pengubahan 65. (1) Lembaga boleh mengubah kedudukan manaatau wayar. mana paip atau mana-mana wayar di bawah atau di atas mana-mana tempat yang Lembaga diberikuasa untuk membuka atau vayar itu berkemungkinan mengganggu penjalana uasa-kuasa Lembaga di bawah Akta ini dan mana mana orang boleh mengubah kedudukan mana-mana talian bekalan elektrik atau kerja Lembaga di bawah atau di atas mana-mana tempat sebagaimana tersebut dahulu, jika talian bekalan elektrik atau kerja itu berkemungkinan mengganggu penjalanan kuasa yang diberi kepadanya.
a kerugian, ditanggung in sebagal aran itu dia ipada lima h darıpada k boleh dimahkamah tu kes kei kehendakmunasabah keingkaran oleh fakta kedudukan in bekalan mikian itu, abkan oleh nana-mana kerja-kerja sana lebuh, fan erektar engan cara ah atau di diberikuasa • di bawah na tersebut rja itu bernana-mana [Bah. VII, S. 65]
(2) Dalam apa-apa jua hal yang tersebut dahulu peruntukan-peruntukan yang berikut adalah, jika tiada apa-apa perlanjıan yang berlawanan di antara pihakpınak yang berkenaan, terpakai, iaitu—
(a) tıdak kurang daripada dua puluh lapan hari . sebelum memulakan apa-apa pengubahan, Lembaga atau orang-orang lain yang berhasrat hendak membuat yang demikian itu (kemudian dari ini disebut "operator" dalam seksyen ini) nendaklah menyampaikan kepada orang yang pada masa itu berhak atas paip, wayar, talian bekalan elektrik atau kerja itu, mengıkut mana yang berkenaan (kemudian darı inı disebut 'pemunya" dalam seksyen ini) suatu notis secara bertulis, menghuraikan pengubahan yang dicadangkan, bersama dengan satu bahagian dan pelan mengenainya mengikut skala yang cukup besar untuk menunjukkan dengan jelas butir-butir kerja yang dicadangkan, dan bagaimanapun tidak lebih kecil daripada 1:100 dikira secara tegak, dan 1:4000 dikira secara mendatar, dan memberitahu masa bila hendak dimulakan, dan hendaklah kemudiannya memberi apa-apa maklumat selanjutnya yang berhubungan dengannya sebagaimana dikehendaki oleh pemunya;
(b) dalam masa empat belas hari selepas penyampaian notis, bahagian dan pelan itu kepada pemunya pemunya boleh kepada operator satu rekuisisi yang bermaksu bahawa apa-apa soal yang timbul mengenai notis, bahagian atau pelan itu hendaklah ditentukan dengan cara timbangtara, dan sesudah itu perkara tersebut hendaklah, kecuali diselesaikan melalui perjanjian, ditentukan melalui timbangtara;
(c) tiap-tiap penimbangtara yang suatu perujukar dibuat kepadanya di bawah paragraf (b) hendaklah memberi perhatian kepada apa-apa tugas atau kewajipan yang pemunya terikat melaksanakan, dan boleh menghendaki operator supaya melaksanakan apa-apa kerja sementar keria-keria lain untuk mengelakkan, dengan seberapa boleh, gangguan kepadanya;
[Bah. VII, S. 65]
(d) jika tiada apa-apa rekuisisi disampaikan kepada operator di bawah paragraph (0) dalam masa yang disebutkan, atau jıka rekuisisı itu telah disampaikan dan perkara itu telah diselesaikan melalui perjanjian atau ditentukan melalui timbangtära, pengubahan itu boleh setelah membayar atau mendapatkan apa-apa pamperjanjlan aterima atau ditentukan melatui timbangtara, dilaksanakan mengikut notis, bahagian dan pelan itu dan tertakluk kepada apa-apa ubahsuaian sebagaimana ditentukan "melalui timbangtara atau dipersetujui di antara pihak-pihak itu;
(e) pemunya boleh, pada bila-bila masa sebelum operator berhak memulakan pengubahan itu, menyampaikan kepada operator suatu kenyataan secara bertulis yang bermaksud bahawa dia berhasrat hendak melaksanakan pengubahan itu sendiri dan bahawa dia menghendaki operator supaya memberi apa-apa sekuriti pembayaran balik apa jua perbelanjaan sebagaimana dipersetujui atau, ika tiada apa-apa perjanjian, ditentukar lengan cara timbangtara
(f) jika suatu kenyataan disampaikan kepada operator di bawah paragraf (e), dia hendaklah, tidak kurang daripada empat puluh lapan jam perlaksanaan pengubahan itu dikehendakı dımulakan, memberi apa-apa sekuriti dan menyampaikan kepada pemunya suatu notis secara bertulis memberitahu masa bila pengubahan itu hendak dimulakan dan cara bagaimana hendak dibuat dan sesudah itu pemunya boleh terus melaksanakan ubahan itu sebagaimana dikehendaki operator;
(g) jıka pemunya enggan mematuhi notis itu, atau tidak mematuhi notis itu dalam masa dan mengikut cara yang ditetapkan oleh notis yang lisampaikan kepadanya di bawah paragraf (f) perator boleh' dengan sendiri melaksanaka pengubahan itu;
kan kepada alam masa si itu telah liselesaikan in melalui eh setelah -apa paman melalui laksanakan ın itu dan in sebagaigtara atau tu; ia sebelum bahan itu, atu kenyaid bahawa ‹an pengdia mengi apa-apa apa jua ujui atau, ditentukan n kepada hendaklah, lapan jam 1 itu dipemunya tahu masa lakan dan esudah itu an pengdaki oleh s itu, atau masa dan notis yang iragraf (f), aksanakan - [Bah. VII, S. 65-66] • (h) segala perbelanjaan yang ditanggung beban dengan sepatutnya olelı pemunya pada mematuhi notis yang disampaikan kepadanya oleh operator di bawah paragraph (f) boleh didapati kembali olehnya daripada operator.
(3) Jika Lembaga atau orang-orang lain yang berhasrat hendak membuat pengubahan inelakukan keingkaran pada mematuhi mana-mana peruntukan ini, dia hendaklah membayar pampasan penüh kerana apa-apa. kerugian atau kerosakan yang ditarggung bèban oleh sebabnya itu dan, jika timbul apa-apa perselisihan atau pertikaian tentang amaun pampasan itu, perkara itu hendaklah ditentukan dengan cara timbangtara:
Part VII — Plans etc
(1) Subject to the provisions of subsection (3), where any tree, structure or object standing or lying near an overhead line interrupts or interferes with, or is likely to interrupt or intertere with the conveyance or transmission of energy or the accessibility of any works, or is likely by reason of its proximity to any overhead line to be a cause of danger, the Board may by agreement with the owner of the land enter upon such land and do such work as may be agreed or in default of agreement, the District Officer of the district on the application of the Board, may order the owner of the land on which such tree, structure or object is situate to trim, alter, lop or in the last resort, fell such tree or remove or deal with such tree, structure or object in such manner as the District Officer may think fit at the expense of the Board, and unless compensation has been agreed may either then or on later enquiry award reasonable compensation to be paid by the Board to the owner.
(2) Any order made under subsection (1) shall be served upon the owner of the land on which the tree, structure or object complained of is situate and if any order is not complied with within seven days thereatter, the Board shall have power to enter on such land and execute such order but shall pay any, compensation as provided in subsection (l).
(3) Notwithstanding the provisions of subsections (1) and (2), the Board shall have power, on giving notice to the occupier, without application to a District Officer or payment of compensation to any person, to enter on any land and remove any tree, structure or object referred to in subsection (1) which was planted or placed near an overhead line subsequent to the placing of the line.
(4) Notwithstanding the provisions of this section the Board may, where there is an immediate likelihood of serious danger to any person arising from any tree, structure or obiect referred to in subsection (1), enter upon any land and take such action as is necessary to remove such danger without notice to any person, but
rute arises he matter ection (3), g or lying es with, or ionveyance ity of any ity to any 3oard may enter upon greed or in the district the owner ir object is it, fell such may thint ir onlate- 1) shall be ih the tree, and if any ; thereafter, h land and ensation as ›sections (1) iving notice trict Officer to enter on = or obiect planted o1 the placing this section e likelihood im any tree, m (1), enter necessary to person, but fPt. VII-VIII, S. 66-67) LBMBAGA LETRIK SABAH in each such case shall report such occurrence to the District Officer who on the application of the owner of the land may thereupon award compensation under the provisions of subsection (1).
(5) An appeal shall lie fom any decision of the District Officer under this section to the Director of Lands and Surveys, provided that notice of such appeal shall be served upon the other party within five days of service of any order to do work under subsection (1) or within fourteen days of any order assessing compensation.
(6) For the purposes of this section "tree" includes shrubs, hedge, jungle growth or other plant.
Part VIII — Transfer to board of body corporate undertakings, etc
(1) Where Compensa-
(a) any undertakings, installations or other pro-fransferred perty, wnich were the undertakings, installa- ings. tions, or other property of the body corporate constituted under the repealed Sabah Electri- sabah city Board Enactment 1981, (nereinatter Teferred to in this Part at "body corporate"), are transferred to the Board; and
(b) any stock and shares, which were issued to th Chief Minister, incorporatec by the Chief sabal Minister (Incorporation) Ordinance, to hold for the purposes of the Government of the State Finaace, inre trorated ed to th Minister of G6157. Finance (Incorporation) Ordinance 1957, to hold for the purposes of the Federal Government, upon, by and between the Federal Government an‹ he Government of the State of Sabah
[Pt. VII, S. 67-70]
(2) For the purposes of subsection (1), any undertakings, installations or other property, shall mean, to include, all plants, lands, works and other property, movable or immovable, assets, powers, rights and privileges held or enjoyed in connection therewith or appertaining thereto. Existing . 68. All deeds, bonds, agreements, instruments and contracts, etc. working arrangements, subsisting immediately before the commencement of this Act, affecting any of the transferred undertakings, installations or other property of the body corporate, shall be of as full force and effect against or in favour of the Board, and enforceable as fully and effectually as if, instead of the body corporate, the Board had been named therein or had been a party thereto. Pending proceedings.
Segala suratikatan, bon, perjanjian, suratcara dan Kontrak, Reakkuasanya Acta ini ya sg menyentid manamana dsb.;yang pengusahaan, pepasangan atau lain-lain harta kedengan sepenuh dan berkesannya seolah-olah, sebagai
Prosiding belum selesai. [Bah. VII-IX, S. 68-71] gantı pertubuhan perbadanan itu, Lembaga telah dinamakan dalamnya atau telah menjadi satu pihak kepadanya.
Part VIII — Transfer to board of body corporate undertakings, etc
Any proceedings or cause of action, pending or existing immediately before the commencement of this Act, by or against the body corporate, or any debt owing to or by the body corporate, may be continued or enforced, by or against the Board, as if the body corporate had not been constituted. Officers or Servants Transter of 70. (1) Every officer or servant, who immediately before the commencement of this Act, was employed servants on establishment of body corporate. as an officer or servant of the body corporate, shall on the commencement of this Act, be deemed to be transferred from the service of the body corporate to the service of the Board, on terms and conditions of service. perquisites and emoluments no less favourable than those which he enjoyed immediately, prior to the commencement of this Act.
(2) Nothing in this section shall be deemed to affect the right of the Board to terminate the employment of any such officer or servant transferred to the service of the Board, or to vary his rate of pay or conditions of service, in the manner and to the extent that the body , corporate could have done had he continued in the service of the body corporate.
ay undermean, to roperty htsand rewith or ients and ely before ny of the rproperty force and aforceable the body in or had ending or ent of this any debt continued the body amediately employed e, shall on › be transate to the of service, rable than or to the id to affect loyment of : service of nditions of t the body ued in the [Pt. IX, S. 71-74]
(1) Tiap-tiap pegawai atau pengkhidmat, yang sebelum sahaja mula berkuatkuasanya Akta ini, telab diambil kerja sebagai pegawai atau pengkhidmat pertubuhan perbadanan hendaklah, apabila mula berkuat. kuasanya Akta ini, disifatkan ditukarkan darı perkhıamatan pertubuhan perbadanan kepada perkhidmatan Lembaga, mengikut terma dan syarat perknıdmatan, perkuisıt dan emolumen tidak kurang baiknya daripada yang dinikmatinya sebelum sahaja mula berkuatkuasanya Akta ini.
(2) Tiada apa-apa jua dalam seksyen ini boleh disifatkan sebagai menjejaskan hak Lembaga untuk menamatkan pekerjaan mana-mana pegawal atau pengkhidmat yang ditukarkan ke perkhıdmatan Lembaga, atau untuk mengubah kadar bayaran atau syarat-syarat perkhidmatannya, mengikut cara dan setakat mana yang pertubuhan perbadanan dapat lakukan sekıranya dia terus berkhidmat dengan pertubuhan perbadanan itu.
Part IX — General
(1) The Minister may give to the Board directions Power of Cioa en trais fat, derohe execise andipe therprnce direione. by the Board of its functions, and the Board shall give effect to any direction so given.
(2) The Board shall furnish the Minister with such information with respect to its property and activities as he may from time to time require.
Notwithstanding any other provisions of this Act Power of the Minister may, in the public interest, by order suspension suspend all or any of the executive functions of the functions. Beaeol anof assigm the samor to any poiorr or persans 'or such period as he may deem fit
(1) Except for the purposes of this Act or of any seorecy and criminal proceedings under this Act, no member, oI officer or servant of the Board shall disclose an information with respect to any individual business, which has been obtained by him in the course of his duties and which is not published in pursuance of this Act.
(2) Any person knowingly contravening the provision
Any person who unlawfully and maliciously cuts Injuring or injures any electric line belonging to the Board OI intentto works with intent to cut off any supply of electricity or cut off ing for any offence which is punishable under any othe provision of this Act or under the Penal Code Provided that no person shall be punished twice for the same offence.
Any person who maliciously or fraudulently abstracts, causes to be wasted or diverted, consumes or uses any electricity shall be guilty of theit and be punishable accordingly and the existence of artificial ineans for such abstraction shall be prima țacie evidence of such fraudulent abstraction. Wilful
(1) Any person who wilfully, or fraudulently injures injury to works, or permits to be injured any works of the Board, Or tampering alters the index of any meter for ascertaining the value with meter or fraudulent of the supply, or prevents any such meter from duly use of registering the value of the supply, or frauduiently energy. abstracts, consumes, or uses the electrical energy of the Board shall be guilty of an offence and shall (without prejudice to any other right or remedy for the protection of the Board) be liable on conviction to a fine oi one thousand ringgit and to imprisonment for a term of one year, and the Board may in addition thereto recover the amount of any damage by him sustained.
(2) The existence of artificial means for causing such alteration or prevention, or for abstracting, consuming or using electricity of the Board when such meter is under custody or control of the consumer, shall be prima facie evidence that such alteration, prevention, abstraction or consumption, as the case may be, has been fraudulently, knowingly and wilfully caused by the consumer using such meter.
(3) And in any case in which any person has wilfully or fraudulently injured or suffered to be injured any electric lines, meters or fittings belonging to the Board, or altered the index to any meter, or prevented any meter from duly registering the quantity of electricity supplied, the Board may also, until the lines, meters or fittings complained of have been remedied, discontinue the supply of electricity to the person so offending notwithstanding any contract previously existing. Penalty for fraudulently or improperly using of Board.
Every person who shall lay or cause to be laid any conductor to communicate with any conductor belonging to the Board without the Board's consent, or shall fraudulently interfere with any meter belonging to the Board of who in case the electricity supplied by the Board is not ascertained by meter shall use the electricity supplied by the Board in a different way or in a greater amount that he has contracted to pay for, or
iudulently Isumes or t and be :artificial e evidence tly injures Board, ot ;the value from duly audulently irgy of the 1 without protection ine of one to tocon d. using such i neter 1s : shall be prevention, ay be, has ised by the las wilfully njured any the Board, vented any : electricity Sctersue › offending be laid any tor belong nt. or shall ging to the lied by the the electrivay or in a pay for, or [Pt. IX, S. 77-81] shall otherwise improperly use such electricity or shall supply any other person with any part of the electricits supplied to him by the Board, shall forfeit to the Boarć the sum of two hundred ringgit for every such offence and also the sum of fifty ringgit for every day such electric line shall so remain or such excess or improper use be so committed or continued or such supply furnished, and the Board may also until the matter complained of has been remedied, but no longer, cut off the electricity from the house and premises of the person so oflending notwithstanding any contract which may have been previously entered into.
Every person who shall carelessly or accidentally Sor accion
Any consumer who connects or disconnects or Penalty for alters the adjustment of any meter to be used, or used for ascertaining the value of the supply of electricit shall be liable for each offence to a fine of fifty thousani ringgit.
Where any seal affixed under the provisions of this Penalty for ct or regulations is broken without the authority unauthorised e Board the consumer upon whose premises the seal sea was placed shall be guilty of an offence and shall be liablé on conviction to a fine of two hundred ringgit: Provided that where it can be proved that the offence was committed by some person other than the consumer, that person shall be punishable as if h were the consumer upon whose premises the breach shal be uaite 4o & pena y of one hundred ami tty
[Pt. IX, S. 82-87] • Act 278 Offences
Jika apa-apa keingkaran atau pelanggaran terhadap mana-mana peruntukan Akta ini dilakukan yang mana tiada apa-apa penalti disebut dengan nyata mengenaipya, , Syak ikat, uasa arang yana ipikar ahaul madangsarsedemikian itu boleh dikenakan penalti sebanyak satu ratus lima puluh ringgit.
Part IX — General
Where an offence under this Act has been comcommitted Cycorporate mitted by a corporate body is proved
(a) to have been committed in the manner provided in section 75 or 76 (2); or
(b) to have been committed with the consent or connivance of, or to have been attributable to any neglect, by or on the part of any director, secretary or similar officer of the body corporate or any person who was purporting to act in such capacity, hé as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Recovery of penalties, etc..
Any penalties, fees, expenses, or other monies recoverable under this Act or contract, the recovery of which is not otherwise specially provided for, shall be a civil debt recoverable summarily. Protection against legal proceedings:
(1) No action, suit, prosecution or other proceedings shall be brought or instituted personally against any member of the Board or against the officer or servant appointed by the Board in respect of any act done or statement made bona-fide in pursuance or execution or intended execution of this Act.
(2) Where a person is exempted from liability by reason only of the provision of this section the Board is liable to the extent that it would be if such person were a servant or agent of the Board. Pubiic servants. F.M.S. Cap. 45. Public Authorities Protection to apply. Act 198.
All members, officers and servants of the Board shall be deemed to be public servants within the meaning of the Penal Code.
The Public Authorities Protection Act 1948 shall apply to any action, suit, prosecution or proceeedings against the Board or against any member, othcer, servant or agent of the Board in respect of any act, neglect, or default done or committed by the Board or such person in such capacity. Person
Any prosecution for an offence under this Act may authorized be conducted by any person employed by the Board or to prosecute. by any public officer authorized in writing in that behalf by the Public Prosecutor.
[Pt. IX, S. 88-90]
No prosecution for any offence punishable under Sanction this Act shall be instituted except by or with the pre- ,prosecution. vious sanction in writing of the Public Prosecutor.
The Board may, with the approval of the Minister, Power to subject to the express provisions of this Act, make regulations generally for the exercise of the Board's powers and duties under the provisions of this Act.
Although any shore, bed of a lake, river, channel, Saving creek, bay or estuary is included in the area of supply, Government nothing shall authorize the Board to take, use or in any of State manner interfere with any portion of that shore or bed • of a lake, or of a river, channel, creek, bay or estuary or any right in respect thereof, or of the water thereof, ment of the State of Sabah. PART X... 44995 DICETAR OLEH JABATAN PERCETAKAN NEGARA, KUALA LUMPUR DENGAN PERINTAH PADA 10FB MAC 1983 Harga: $2.00
Cite this legislation
- Official citation
- Act 278
- Source
- lom.agc.gov.my
- Data synced
- Licence
- Official text, free to reproduce (Copyright Act 1987 [Act 332] s 3) ↗
Lembaga Letrik Sabah Act 1983 [Act 278] (Laws of Malaysia, lom.agc.gov.my). Retrieved via LawPlayer, https://lawplayer.com/my/act/act-278
This text is synced from lom.agc.gov.my. In case of any discrepancy, the authoritative text prevails.
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).