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Lembaga Letrik Sabah Act 1983 Part V — Functions of the board, etc

s 25–s 34 · 10 sections

Functions

s 25

(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

s 26

(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.

s 27

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]

s 28

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.

s 29

(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.

s 30

(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.

s 31

(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.

s 32

(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.

s 33

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.

s 34

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

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

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Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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