Functions and duties
The Commission shall carry out such functions and duties as follows:
(a) to issue licences under section 9 of this Act;
(b) to exercise regulatory functions in respect of the service of providing electricity by the licensee including the determination of performance standards and standards of facilities and services and the enforcement thereof;
(c) to promote competition in the generation and supply of electricity to, inter alia, ensure the optimum supply of electricity at reasonable prices;
(d) to promote the interests of consumers of electricity supplied by licensees in respect of—
(i) the prices to be charged and the other conditions of electricity supply;
(ii) the continuity of electricity supply; and
(iii) the quality of the electricity supply services provided;
(e) to secure that all reasonable demands for electricity are satisfied;
(f) to secure that licensees are able to finance the carrying on of the activities which they are authorized by their licences to carry on;
(g) to promote and encourage the generation of electricity with a view to the economic development of Malaysia;
(h) to regulate the interval and manner in which any electrical installation or equipment shall be inspected;
(i) to devise the nature of test to be employed and to prescribe minimum qualifications and practical experience for any purpose in the pursuance of this Act;
(j) to investigate any accident or fire involving any electrical installation;
(k) to provide, where necessary, for the registration of any installation, electrical contractor, manufacturer and importer, and any competent person;
(l) to prescribe the minimum standards and specifications and appraise and approve, where necessary, any electrical installation or equipment;
(la) to promote the efficient use of electricity; and
(m) to carry on all such other activities as may appear to the Commission requisite, advantageous or convenient for the purpose of carrying out or in connection with the performance of his functions and duties under this Act.
Authorized officer
The Minister may in writing authorise any public officer or officer of the Commission to exercise the powers of enforcement under this Act.
Power of entry by warrant or otherwise, inspection, examination, seizure, etc.
(1) An authorized officer may, for the purposes of discharging any of his duties or carrying out any of his functions under this Act or any regulation made thereunder, or otherwise for any of the purposes of this Act or any regulation, enter at any reasonable time upon any land, house or building with or without supply of electricity to inspect and examine any part of an installation or equipment, or for other proper cause.
(2) In every case where information is given on oath to any magistrate that there is reasonable cause for suspecting that there is in any land, house or building any article, thing, book, document, installation or part thereof used or intended to be used in relation to which any offence under this Act has been committed, he shall issue a warrant under his hand by virtue of which any authorized officer or police officer not below the rank of Inspector named or referred to in the warrant may enter the land, house or building at any reasonable time by day or night, and search for and seize or seal any such article, thing, book, document, installation or part thereof:
Provided that if an authorized officer or police officer not below the rank of Inspector is satisfied upon information received that he has reasonable grounds for believing that by reason of delay in obtaining a search warrant, any article, thing, book, document, installation or part thereof used to commit or to be used to commit an offence under this Act is likely to be removed or destroyed, he may enter such land, house or building without a warrant and seize or seal any such article, thing, book, document, installation or part thereof from therein.
(3) An authorized officer or a police officer not below the rank of Inspector making the search may seize any article, thing, book, document, installation or part thereof used or intended to be used or capable of being used for the purpose of committing an offence under this Act and if such article, thing, book, document, installation or part thereof is seized, he shall produce the same before the magistrate, and upon such production the magistrate shall direct the same to be kept in the custody of the authorized officer or the police for the purpose of any investigation or prosecution under this Act.
(4) Any authorized officer or police officer not below the rank of Inspector may in the exercise of his powers under subsection
(2) or (3), if it is necessary so to do—
(a) break open any outer or inner door of the dwelling house or any other premises and enter thereinto;
(b) forcibly enter the place and every part thereof;
(c) remove by force any obstruction to entry, search, seizure and removal as he is empowered to effect; and
(d) detain every person found in the place until the place has been searched.
(5) The authorized officer or police officer not below the rank of Inspector seizing any article, thing, book, document, installation or part thereof under subsection (2) or (3)shall prepare a list of the things seized and forthwith deliver a copy signed by him to the occupier, or his agents or servants present in the premises and if the premises are unoccupied, such authorized officer or police officer shall wherever possible post a list of the things seized on the premises.
(6) An authorized officer shall at all times carry an official identification card or badge in such form as may be prescribed, and no person shall be obliged to admit to his land, house or building any person purporting to be an authorized officer except upon production of the identification card or badge.
