ELECTRICITY SUPPLY ACT 1990

Electricity Supply LAWS OF MALAYSIA REPRINT Act 447 ELECTRICITY SUPPLY ACT 1990 As at 1 November 2023 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2023 1 2 Act 447 Laws of Malaysia ELECTRICITY SUPPLY ACT 1990 Date of Royal Assent … … … 22 August 1990 Date of publication in the Gazette … … … 30 August 1990 Latest amendment made by Act A1501 which came into operation on … … … 1 January 2016 Previous Reprints First Reprint … … … 2001 Second Reprint … … … 2006 Electricity Supply 3 LAWS OF MALAYSIA Act 447 ELECTRICITY SUPPLY ACT 1990 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title, commencement and application 2. Interpretation Part II ESTABLISHMENT 3. (Deleted) Part III FUNCTIONS, DUTIES AND POWERS OF COMMISSION 4. Functions and duties 4a. Authorized officer 5. Power of entry by warrant or otherwise, inspection, examination, seizure, etc. 5a. Cost of holding things seized 5b. Release of things seized 6. Powers of investigation 7. (Deleted) 8. Obstruction, etc. an offence 4 Laws of Malaysia Act 447 Part IV LICENSED AND REGISTERED INSTALLATIONS Section 9. Licence required for use of installations: terms, conditions and contents of licences 9a. Obligation to submit business plan 9b. Requirements on licensing 9c. Standards of performance of supply and services by licensees 9d. Proper annual accounts by licensee 9e. Arrangement for procurement of electricity 10. Power to enter on and examine land 11. Power to enter on land for purposes of construction 12. Supply lines and other equipment on State land 13. Maintenance, repair and upgrading of installation 14. Removal or alteration of supply line, etc. 15. Saving of wayleave agreements 16. Compensation 17. Reduction or cessation of supply: liability 18. Security: suspension of and revocation of licence 19. Restriction of use to specified purposes 20. Exemption of equipment from distress and attachment 21. Registration of installations 22. Periodical inspections of installations 22a. System Operator 22b. Single Buyer Part V COMPETENT CONTROL 23. Persons in charge Electricity Supply 5 Part Va EFFICIENT USE OF ELECTRICITY Section 23a. Minister to determine standards, etc. 23b. Installation to meet requirements 23c. Equipment to meet requirements 23d. Registration of person providing service relating to efficient use of electricity Part VI SUPPLY BY LICENSEE 24. Duty to supply on request 25. Exceptions to duty to supply electricity 26. Power to fix tariffs and charges 26a. Licensee may levy surcharge 27. Power to recover expenses 28. Power to require security 28a. Return of security with interest 28b. Supply agreement with consumer 29. Special agreement with respect to supply 30. Determination of dispute 30a. Notification of dispute and binding decision by the Commission 30b. Register of decisions 31. Fixing of maximum prices for reselling electricity 32. Charge for supply of electricity to be ascertained by appropriate meter Part VII NOTIFICATION OF ACCIDENT OR FIRE 33. Serious accidents to be reported and investigated by the Commission 6 Laws of Malaysia Act 447 Part VIIa SAFETY OF INSTALLATION AND EQUIPMENT Section 33a. Responsibilities of licensee for safety 33b. Responsibilities of non-domestic electrical installation owner or operator, licensee for retail and licensee for a private installation for safety 33c. Undertaking electrical work 33d. Responsibilities relating to non-electrical work 33e. Compliance inspection 33f. Interpretation Part VIII ENQUIRY AND ARBITRATION 34. Procedure in relation to enquiry and arbitration 35. Power of holding enquiry 36. Arbitration Part IX OFFENCES AND PENALTY 37. Offences 37a. Offence committed by body corporate 37b. Offence of attempt and abetment 38. Disconnection of supply of electricity 39. Liabilities unaffected 40. Onus of proof 41. Compensation for damage 42. Prosecution 43. Compounding 44. Reward for information 44a. Use of supply line, etc., for purposes of communications under the Communications and Multimedia Act 1998 Electricity Supply 7 Part IXa ELECTRICITY INDUSTRY FUND Section 44b. Contribution by licensee 44c. Electricity Industry Fund 44d. Investment 44e. Accounts Part X GENERAL 45. Precautions in execution of work 45a. Audit of licensees and non-domestic electrical installations owners or operators 45b. Determination of standards of installation or equipment 45c. Keeping of records and documents 46. Electrical interference with Government signalling lines 47. Precautions against atmospheric electricity 48. Restriction of connection with the earth 49. Procedure in case of dangerous defect in installation or part thereof 50. Prohibition of employment of children 50a. Development of codes by the Commission and compliance of the codes 50b. Retention of documents by Commission 50c. Guidelines or directions by Commission 50d. Variation, review or revocation of codes, guidelines or directions by the Commission 50e. Offence for non-compliance with codes, guidelines or directions of the Commission 50f. Register of codes, guidelines or directions 51. Special powers of emergency 52. Power to declare sources of water 52a. Supply infrastructure information security 52b. Obligation to give information 8 Laws of Malaysia Act 447 Part XI POWER TO MAKE REGULATIONS Section 53. Power to make regulations Part XII MISCELLANEOUS 54. Exemptions 55. Transitional provision and restrictions attached to licences issued prior to this Act 56. Repeal of Electricity Act 1949 and Electrical Inspectorate Act 1983 and savings in respect thereof First Schedule Second Schedule Third Schedule Electricity Supply 9 LAWS OF MALAYSIA Act 447 ELECTRICITY SUPPLY ACT 1990 An Act to provide for the regulation of the electricity supply industry, the supply of electricity at reasonable prices, the licensing of any electrical installation, the control of any electrical installation, plant and equipment with respect to matters relating to the safety of persons and the efficient use of electricity and for purposes connected therewith. [1 September 1990, P.U. (B) 494/1990] 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, commencement and application 1. (1) This Act may be cited as the Electricity Supply Act 1990 and shall come into force on such date as the Minister may, by notification in the Gazette, appoint. *(2) This Act shall apply throughout Malaysia; however the Minister may by order suspend the operation of the whole or any of the provisions of this Act in any State. *NOTE—The operation of the whole of the Electricity Supply Act 1990 [Act 447] is suspended in the State of Sarawak with effect from 1 September 1990—see P.U. (A) 272/1990. 10 Laws of Malaysia Act 447 Interpretation 2. In this Act, unless the context otherwise requires— “aerial line” means an electric supply line which is placed above the ground and in open air, and includes service lines; “arbitration” means arbitration under and in accordance with section 36; “area of supply” means the area within which a supply authority or licensee is authorized to generate and/or supply electricity; “authorized officer” means any public officer or officer of the Commission who is authorized in writing by the Minister for the purposes of this Act; “authorized person” means a person appointed by the management or the owner of an installation, or by a contractor, acting as an agent for and/or on behalf of the management or owner, to carry out certain duties incidental to the generation, transmission, distribution and utilization of electricity: Provided that the said person possesses the qualifications prescribed for persons performing those duties, or if no qualifications are prescribed, is competent for the purpose for which, he is employed, the burden of proof of competency being on the employer; “Chairman” means the Chairman of the Energy Commission appointed by the Minister under the Energy Commission Act 2001 [Act 610]; “Chief Executive Officer” means the Chief Executive Officer of the Commission; “Commission” means the Energy Commission established under the Energy Commission Act 2001; “communications” has the meaning assigned to it under the Communications and Multimedia Act 1998 [Act 588]; Electricity Supply 11 “competent person” means a person who holds a certificate of competency issued by the Commission to perform work in accordance with the restrictions, if any, stated in the certificate; “conductor” means an electrical conductor arranged to be electrically connected to a system; “consumer” means a person who is supplied with electricity or whose premises are for the time being connected for the purpose of supply of electricity by a supply authority or a licensee; “consumer electrical equipment” means an appliance, product, wires, device, accessory or any part thereof, that uses low voltage electricity that— (a) is sold to the public; or (b) does not require special skill in its operation; “conversion” means the conversion of alternating current to direct current or vice versa by static or dynamic means; “danger” means danger to health or to human life or limb from shock, burn, or other injury and includes danger to property, installation or equipment resulting from the generation, transmission, distribution or utilization of electricity; “dead”, applied to any system or part of a system, means that it is not live or alive; “dishonestly” has the meaning assigned thereto in the Penal Code [Act 574]; “District Land Administrator” has the meaning assigned to “Land Administrator” by section 5 of the *National Land Code [Act 56 of 1965] and the meaning of “Collector” by section 4 of the Land Ordinance of Sabah [Sabah Cap. 68] and for the State of Sarawak, “the Director” by section 2 of the Land Code of Sarawak [Sarawak Cap. 81]; “electrical product” means any equipment, device or appliance other than consumer electrical equipment; NOTE— National Land Code [Act 56 of 1965] has since been revised as the National Land Code [Act 828] w.e.f 15 October 2020. * 12 Laws of Malaysia Act 447 “electrical work” means any work performed or carried out on an electrical installation and includes the installing, constructing, erecting or repairing, the altering of the structure, the replacing of any of its parts, the adding of any part to it or the carrying out of any work for the purposes of its maintenance, but does not include work in relation to— (a) the manufacturing of an electrical installation or the assembling in the course of, or in connection with, its manufacture for the purpose of producing a new article; or (b) the oiling, greasing, cleaning or painting of an electrical installation; “electricity” means electrical energy or electrical power when generated, produced, transmitted, distributed, supplied or utilized for any purpose except for the transmission of any communication or signal; “electricity distribution network” means a system or part of a system at nominal voltage below 66 kilovolts of electric lines or cables, substations and associated equipment and buildings for distributing electricity regardless of whether a generating plant is connected to such system; “electricity supply infrastructure” means the licensee’s— (a) generating station; (b) main supply lines and supply lines; (c) substations for converting, transforming or controlling electricity; (d) equipment for metering, monitoring or controlling electricity; and (e) any wires, equipment and passages including tunnels and cavities or others used for, or in co