PERBADANAN PEMBEKALAN LETRIK SARAWAK ACT 1983

1 LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 279 PERBADANAN PEMBEKALAN LETRIK SARAWAK ACT 1983 As at 1 September 2012 2 PERBADANAN PEMBEKALAN LETRIK SARAWAK ACT 1983 ... ... ... … … 9 March 1983 Date of publication in the Gazette … ... 10 March 1983 Last amendment made by Act 478 which came into operation on … Date of Royal Assent … … 21 February 1992 PREVIOUS REPRINTS First Reprint ... ... ... ... ... 2001 Second Reprint ... ... ... ... ... 2006 3 LAWS OF MALAYSIA Act 279 PERBADANAN PEMBEKALAN LETRIK SARAWAK ACT 1983 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF THE CORPORATION, ETC. Establishment and Incorporation 3. Establishment and incorporation of Sarawak Electricity Supply Corporation 4. Common Seal Constitution of Corporation 5. Constitution of the Corporation 6. Members of Corporation to dispose of interest in any electricity undertaking in Sarawak 7. Disclosure of interest in contract by member of the Corporation 8. Remuneration and allowances payable to members of the Corporation 4 Laws of Malaysia Procedure Section 9. Quorum and procedure 10. Vacancies 11. Procedure of the Corporation Officers and Servants of the Corporation, etc. 12. Appointment of officers and servants 13. Public servants 14. Public Authorities Protection Act 1948 to apply 15. Power to enter premises, etc. PART III FUNCTIONS AND DUTIES OF THE CORPORATION, ETC. Functions and Duties 16. General functions of the Corporation Supply 17. Duty of the Corporation to supply energy 18. Power of Corporation to supply gas and hydroelectricity 19. Equality of treatment 20. Supply for private purposes and to public lamps 21. Conditions under which supply may be discontinued 22. Temporary discontinuance of supply of energy ACT 279 Perbadanan Pembekalan Letrik Sarawak PART IV FINANCIAL PROVISIONS Power to Borrow and Raise Capital Section 23. Power to issue stock, etc. 24. Power to borrow money General Financial Provisions 25. General duties and powers of the Corporation in financial matters 26. Rates and scales of charges for energy 27. Power to make standing orders relating to staff 28. Application of revenue 29. Investment of funds 30. Statutory Bodies (Accounts and Annual Reports) Act 1980 to apply 31. (Deleted) PART V POWER OF ENTRY ON LAND, ETC. Power of Entry on Land 32. Power to enter on land for purposes of construction 33. Maintenance and repair of installation 34. Removal or alteration of supply line, etc. 35. Appeal to Minister 36. Power to fix lamp-posts, etc. Works 37. Power to break up streets, etc., under superintendence, and to open drains 38. Conditions as to superintendence of breaking up of streets 39. Streets, etc., broken up to be reinstated without delay 5 6 Laws of Malaysia ACT 279 Section 40. Notice to be served on persons having control, etc., before breaking up streets or opening drains 41. Compensation PART VI OFFENCES 42. Offences 43. Onus of proof 44. Offences committed by corporate bodies 45. Recovery of penalties, etc. PART VII TRANSFER TO CORPORATION OF BODY CORPORATE UNDERTAKINGS, ETC. Property, Contracts, Etc. 46. Compensation for transferred undertakings 47. Existing contracts, etc. 48. Pending proceedings Officers or Servants 49. Transfer of officers or servants on establishment of body corporate PART VIII GENERAL 50. Power of Minister to delegate 51. Power of Minister to give directions 52. Regulations 53. Power to enter into contracts of guarantee or indemnity 54. Saving rights of Government of State of Sarawak in the foreshore 7 LAWS OF MALAYSIA Act 279 PERBADANAN PEMBEKALAN LETRIK SARAWAK ACT 1983 An Act to provide for the establishment of the Perbadanan Pembekalan Letrik Sarawak, for the functions of the corporation and for matters connected therewith and incidental thereto. [ ] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same as follows: PART I PRELIMINARY Short title and commencement 1. This Act may be cited as the Perbadanan Pembekalan Letrik Sarawak Act 1983, and shall come into force on such date as the Minister may, by notification in the Gazette, appoint. Interpretation 2. In this Act, unless the context otherwise requires— “area of supply” means that area within which the Corporation is, or a licensee is authorized, to generate and/or to supply energy; 8 Laws of Malaysia ACT 279 “Chairman” means the Chairman of the Corporation appointed under section 5; “consumer” means a person who is supplied with energy or whose premises are for the time being connected for the purpose of a supply of energy with any system of supply; “Corporation” means the Corporation established by section 3; “danger” means danger to health or to human life or limb from shock, burn or other injury resulting from the generation, transformation, distribution or use of energy, and includes danger to property from fire resulting as aforesaid; “energy” means electrical energy when generated, transmitted, supplied or used for any 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 1967 [Act 139]; “equipment” includes any item for such purposes as generation, conversion, transmission, distribution or utilization of electrical energy, such as machines, transformers, apparatus, measuring instruments, protective devices, wiring materials, accessories and appliances; “General Manager” means the General Manager appointed under section 12 and includes any person for the time being so appointed to perform the duties of the General Manager; “generating station” means any station for generating energy including any buildings and plant used for the purpose, and the site thereof, and includes a site intended to be used for a generating station but does not include any station for transforming, converting or distributing energy; “installation” means the whole of any plant or equipment designed for the supply or use, or both, as the case may be, of energy, Perbadanan Pembekalan Letrik Sarawak 9 including prime movers, if any, with all supply lines and consuming equipment, if any; “licence” means a licence to operate or work an installation issued under any written law relating to electricity and includes any licence issued under any other law enforced before the promulgation of this Act; “licensee” means the holder of a licence; “Minister” means the Minister for the time being charged with responsibility for matters relating to energy; “premises” includes any building or other erection and the land occupied or used in connection therewith, being under one ownership, occupation or management; “prime mover” means a machine supplying mechanical energy to a generator; “private safety” means the obviation of danger to individuals or to private property; “public safety” means the obviation of danger to the general public, to public property and to roads, streets, railways, airports, ports, canals, docks, wharves, piers, bridges, gasworks, waterworks and their appurtenances and telegraphic, telephonic and other electrical signalling lines owned or operated by the Governmen of Malaysia or any State Government; “State” means the State of Sarawak; “street” includes any road, lane, path, passage or open space whether a thoroughfare or not, over which the public have a right of way; “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 10 Laws of Malaysia ACT 279 supporting the same or any part thereof, or any building or equipment connecting therewith for the purpose of transforming, conveying, transmitting or distributing energy; “system” means an electrical system in which all the conductors and equipment are electrically or magnetically connected; “transformation” means the transformation of voltage from lower to a higher voltage or vice versa; “voltage” means extra high voltage, high voltage, low voltage and extra low voltage as prescribed. PART II ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF THE CORPORATION, ETC. Establishment and Incorporation Establishment and incorporation of Sarawak Electricity Supply Corporation 3. There is hereby established a body, to be known as “Perbadanan Pembekalan Letrik Sarawak” or in English “Sarawak Electricity Supply Corporation”, which shall be a body corporate and may sue and be sued in its said name, and shall have perpetual succession, and may enter into contracts, and may acquire, purchase, take, hold and enjoy movable and immovable property of every description, and may convey, assign, surrender and yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with, any movable or immovable property vested in the Corporation upon such terms as to the Corporation seems fit. Perbadanan Pembekalan Letrik Sarawak 11 Common seal 4. (1) The Corporation shall have a common seal, and such seal may from time to time be broken, changed, altered and made anew as to the Corporation seems fit, and until a seal is provided under this section, a stamp bearing the inscription “Perbadanan Pembekalan Letrik Sarawak” may be used as the common seal. (2) All deeds, documents and other instruments requiring the seal of the Corporation shall be sealed with the seal of the Corporation in the presence of the Chairman or Deputy Chairman, and of the Secretary of the Corporation or some other person authorized by the Corporation to act in that behalf, who shall sign every such deed, document or other instrument to which such seal is affixed, and such signing shall be sufficient evidence that such seal was duly and properly affixed and that the same is the lawful seal of the Corporation: Provided that a document or an instrument which if executed by a person not being a body corporate would not be required to be under seal may in like manner be executed by the Corporation, and such document or instrument may be executed on behalf of the Corporation by any of its officers or servants generally or specially authorized in writing to so act. Constitution of Corporation Constitution of the Corporation 5. (1) The Corporation shall consist of— (a) a Chairman; (b) a Deputy Chairman; (c) a General Manager, who shall not be entitled to vote at the meeting of the Corporation; and 12 Laws of Malaysia ACT 279 (d) not more than seven other members, who shall be appointed by the Minister: Provided that the number of officials shall not exceed the number of non-officials. (2) Subject to the provisions of this Act, the members of the Corporation shall hold office for such term and subject to such conditions as the Minister may determine. (3) If any member of the Corporation is, temporarily absent from Sarawak or for any other cause, temporarily unable to act, the Minister may appoint any person to act temporarily in the place of such member: Provided that no person shall be appointed to act temporarily in the place of the Chairman or Deputy Chairman unless he is a member of the Corporation. (4) If at any time it appears to the Minister that removal from office of all or any of the members of the Corporation is necessary in the interests of the effective and economical performance of the functions of the Corporation under this Act, the Minister may remove from office, without assigning any reason therefor, all or any of the members of the Corporation. (5) The Minister may, at any time, accept the resignation of any member of the Corporation. (6) The Chairman may, by