ELECTRICAL INSPECTORATE ACT 1983

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.

There shall be appointed such other officers as may be expedient for the performance of such duties as may be prescribed under this Act.

All Deputy Director Generals, Directors, Deputy Directors, Assistant Directors and all officers appointed under subsection (2) shall be subjected to the direction and supervision of the Director General.

to regulate the interval and manner in which any electrical installation or equipment shall be inspected;

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;

to investigate any accident or fire involving any electrical installation;

to provide, where necessary, for the registration of installations, electrical contractors and manufacturers, and competent persons;

to issue licences for public and private installations;

to prescribe the minimum standards and specifications and appraise and approve, where necessary, any electrical installation or equipment;

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to carry on all such other activities as may appear to the Director General requisite, advantageous or convenient for the purpose of carrying out or in connection with the performance of his functions and duties under this Act.

at any reasonable time upon any land, house or building with or without supply of energy to inspect and examine any part of an installation or equipment, or for other proper cause;

upon any land, house or building if he is under reasonable suspicion that an offence is being committed under this Act and may seize or seal any article or thing or installation or part thereof, as the case may be.

A Director 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 a Director except upon production of the identification card or badge.

wilfully delays;

fails to comply with any order lawfully given by;

wilfully withholds any information from; or

obstructs in any manner, whatsoever, a Director in the exercise of his functions, duties and powers, shall be guilty of an offence and on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.

use, work or operate or permit to be used, worked or operated any installation; or

supply to or for the use of any other person energy from any installation, except under and in accordance with the terms of a licence expressly authorizing the use or supply, as the case may be.

Licences may be granted by the Director General with the consent of the Minister on payment of such fees as may be prescribed.

No licence shall be capable of being transferred unless the written consent of the Minister to the transfer be evidenced upon the licence.

Licences shall be subject to such conditions as may be prescribed and to such further conditions, if any, as may in each several case be imposed by the Director General, the last-mentioned conditions shall be set out in the licence.

Licences may be for such periods as the Director General may in each several case approve:

Provided that no licence shall without the express approval of the Minister be for a period exceeding twenty-one years.

The period of duration of every licence shall be set out therein, and in every licence for a public installation there shall be set out—

Nothing herein contained shall be deemed to authorize any person to cut down or clear away any vegetation or any fence or other erection or to enter into any building or upon any enclosure attached to any building.

In the case of reserved land, the notice under subsection (1) may be given to the officer or other person in charge of the reserved land or, in default of any such officer or person, to the Collector of Land Revenue.

Before entering on any land for the purpose specified in subsection (1), the licensee shall give notice stating as fully and accurately as possible the nature and extent of the acts intended to be done. The notice shall be substantially in the form set out in the Schedule and the Collector of Land Revenue shall specify a date upon which the State Authority shall enquire into any objections that have been made as hereinafter provided.

The aforesaid notice shall be given—

Any of the persons mentioned in subsection (3) may, within fourteen days of the receipt of the notice therein referred to, lodge an objection to the intended acts of the licensee. The objection may be made to the Collector of Land Revenue, either verbally or in writing, and the Collector shall give notice of the objection to the State Authority and to the licensee.

If no objection is lodged within the time limited for that purpose by subsection (4), the licensee may forthwith enter on the land and do all or any of the acts specified in the notice given under subsection (2).

If an objection is lodged and is not withdrawn before the date fixed for the hearing thereof, the Collector of Land Revenue shall hold an enquiry, giving all parties an opportunity to be heard.

Upon the conclusion of the enquiry the Collector may either unconditionally or subject to such terms, conditions and stipulation as he thinks fit, make an order authorizing or prohibiting any of the acts mentioned in the notice given under subsection (2):

Provided that any party who is dissatisfied with the Collector's order may appeal against such an order to the State Authority which may then uphold, set aside or vary the order upon such terms, conditions and stipulation as it thinks fit.

The State Authority may, if it thinks fit, in lieu of making an order under subsection (7), direct the acquisition of any land or part of any land included in a notice given under subsection (2).

The decision of the State Authority under this section shall be final.

9A

Whenever the State Authority has made an order for the removal or alteration of any main supply line, the licensee, may instead of removing or altering the supply line, apply to the State Authority to direct the acquisition of such land as is required for the purposes of the line, and the State Authority may direct acquisition accordingly.

Whenever a supply line has been laid, or posts or equipment erected, on State land by a licensee and the land is subsequently alienated to any person, the owner or occupier of the land may, unless the terms of alienation expressly provide otherwise, require the removal to another part of the land, or to higher or lower level, or the alteration of the line, posts or equipment, and subsections (1) to (4) shall apply to any such requisition:

Whenever the State Authority is authorized by this section to direct the acquisition of any land, the licensed installation shall be deemed to be a work of public utility and any written law relating to land acquisition in force in the State where the land is situate shall be put in force accordingly.

Provided that the cost of executing the removal or alteration shall be defrayed by the person making the requisition.

This section shall be without prejudice to sections 23 to 125 of the Municipal Ordinance of the Straits Settlements.

affect the right of a licensee to enter into an agreement, commonly known as a wayleave agreement, with the owner or occupier of any land for the purpose of carrying a supply line across the land; or

affect any such wayleave agreement subsisting at the commencement of this Act.

of itself direct the iry on its an order apply line, ering the direct the purposes t acquisi-orized by land, the work of to land e land is or posts or the owner of aliena removal lower level, ment, and rich requisi-emoval or making the to sections the Straits shall—

er into an wayleave oier of any supply line subsisting

Notwithstanding any written law relating to land, the Registrar, upon the production to him of the original and the deposit with him of a certified copy of any such wayleave agreement as is referred to in subsection (1), shall cause to be made on the register document of title relating to the land affected by the wayleave agreement a note of the existence of the wayleave agreement.

Where a wayleave agreement relates to land which is a holding included in the Interim Register—

So long as there remains on the register document of title or the appropriate folio of the Interim Register a note made pursuant to subsection (2) or (3), all dealings with the land to which the note relates shall be deemed to be subject to the rights of the licensee under and by virtue of the wayleave agreement in respect of which the note has been made.

Where a note or registration of a wayleave agreement made before 1st January 1966, pursuant to subsection (2) or (3) as then in force remained effective immediately before that date, then, for the purposes of subsection (4)—

In this section—

"Commissioner" and "Interim Register" have the meanings assigned thereto respectively by the National Land Code (Penang and Malacca Titles) Act 1963;

Any person aggrieved with the Collector's assessment may appeal to the State Authority whose decision shall be final.

Where the quantity of energy has been reduced as aforesaid—

Any licensee, shall not be liable for any damage to person or property or for any cessation of the supply of energy which may be due to unavoidable accident, fair wear and tear or overloading due to unauthorized connection of equipment, or to reasonable requirements of the system, or to defects in any installation not provided by the licensee, but shall be liable only when the damage or cessation is shown to have resulted from negligence on the part of persons employed by the licensee, his agents or servants, as the case may be, or from faulty construction of the installation.

A licence may at any time be suspended or revoked by the Director General on breach of any of the conditions thereof or in default of payment of any moneys accrued due thereunder, or if the licensee ceases to work or operate the installation in respect of which the licence has been granted:

Provided that, where a licence has been suspended or revoked on the ground that the licensee has ceased to work or operate an installation, the licensee may, if he considers that he has suffered or may suffer undue hardship by reason of the suspension or cancellation, appeal to Minister against the suspension or cancellation, and the decision of the Minister on the appeal shall be final.

The licensee shall not be entitled to compensation for any loss caused to him by the suspension or revocation of a licence under this section.

Upon termination of a licence, the licensee shall remove his installation and equipments within three months from the date of termination whereby failure to remove thereof shall render the licensee liable for all costs whatsoever incurred in the removal thereof and such costs may be recovered from the security deposited (if any) under subsection (1).

No person shall possess or operate an installation, unless the installation is registered on a valid Certificate of Registration.

Certificates of Registration shall be surrendered by the owner or licensee to the Director for cancellation if the installation is no longer required to be used. Thereafter, if the owner or licensee wishes to operate the installation again, the said installation shall be treated in all respects as if it were a new installation.

ing to a is not owned of supply shall not be in execution nkruptcy or installation a supply n duplicate, tion in the inspection period and of this Act. ate of Regi-of the comhe Minister it shall be out causing e in respect certificate of and to be used thereon certificate of wise requires provisional date shall be date as the e of issuing ate may be time at his installation. 1 Certificate surrendered or cancellato be used. to operate on shall be installation.

A Certificate of Registration may be cancelled in accordance with regulations made under section 38.

Certificates of Registration shall not be transferred without the permission of the Director General.

In addition to periodical inspections during construction, extension or alteration and final inspections on completion, all installations, while in operation, shall be subject to such periodical inspections as may be prescribed.

The management or persons in charge of any installation or the construction, extension or alteration of any installation shall afford full facilities for inspection during working hours.

Any person who contravenes this section shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit and, if the contravention be continued, to a fine not exceeding five hundred ringgit for every day or part of a day during which the contravention is continued after conviction.

The Director shall, as soon as practicable after receipt of the first report—

In the event of loss of life or grievous hurt to any person due to any accident or fire in connection with any installation or electrical plant or equipment, no alteration or addition shall without the consent of a causing or serious tion with ment, the nt thereof or by the with the Director known to able after t or fire of the

1 may be upon the real reports ny person fees and nply with neral; and r there is has been finding to is hurt to connection equipment, nsent of a

Director be made to any part of the installation, plant or equipment which may have contributed to cause the accident or fire nor shall any alteration be made, without that consent, to the site of the accident or fire until a Director has completed his investigation:

Provided that nothing herein contained shall operate to interfere with rescue work or work necessary for the general safety of life or property.

If upon a preliminary investigation under subsection (2) it appears to the Director making the investigation that there is reason to believe that the accident or fire was due to any failure to comply with this Act or to neglect of any lawful order given by a Director, or if the Director making the investigation as aforesaid is satisfied that the accident or fire might have been prevented if proper precautions had been taken and observed in the working of any installation or electrical plant or equipment, the Director General or a Director authorised by him may further investigate the circumstances of the accident or fire together with the Director making the preliminary investigation and if in the opinion of the Director General that criminal proceedings shall lie against any person then he shall forward to the Deputy Public Prosecutor a copy of the Director's report with his opinion on the circumstances and findings.

Any person concerned in any investigation held under this section may be entitled, upon payment of the prescribed fees, to receive a copy of the report of the Director, of the opinion of the Director General, and of statements, if any, taken in evidence by the Director or Director General, as the case may be.

Any person who, without lawful excuse, contravenes or fails to comply with subsections (1) and (3) shall be guilty of an offence under this Act and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.

Notwithstanding anything contained in this section, a preliminary investigation under subsection (1) may be carried out, and the consent mentioned in subsection (3) may be given by the Director General.

On receipt of the application, the Minister shall appoint a Chairman as his representative to hold an enquiry into the matter together with two other persons to be nominated by the Minister as assessors. The assessors shall be persons possessing electrical or other special skill and experience drawn from persons not in the service of the Electrical Inspectorate.

Any person who feels aggrieved by a decision of the Director General under subsection (1) may apply to the Minister for re-consideration of the matter in dispute. The application shall be made in writing within twenty-one days from the date of the decision of the Director General, or within such further period as the Minister may in special circumstances allow, and shall contain the grounds of grievance.

All questions in the enquiry shall be determined by a majority of the members holding the enquiry.

Persons nominated by the Minister to serve as assessors shall be summoned and shall be entitled to receive such remuneration as may, from time to time, be prescribed by the Minister.

Each party shall have power to appoint an assessor to sit with the arbitrator, but the arbitrator alone shall have power to decide and make an award. Where more than one arbitrator is appointed, a majority of them may decide and make an award.

The arbitration, shall take place at such place within Malaysia as the arbitrator shall decide, and shall, subject to this section, be governed by the Arbitration Act 1952.

The remuneration of an arbitrator appointed by the Chief Justice in accordance with this section shall be fixed by the Chief Justice and the remuneration of an arbitrator chosen by parties shall be fixed by them.

The costs of reference and the award, including the remuneration of the arbitrator, shall be paid by the parties in such proportion as the arbitrator may decide:

Provided that the remuneration and the allowances of an assessor shall be paid by the party appointing him.

Offences.

Any person who by any rash or negligent act or omission in respect in any installation or equipment or part of an installation or equipment causes injury to person or property shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Any person who in any manner dishonestly—

Any person who, in contravention of section 7 uses, works or operates, or permits to be used, worked or operated any installation shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit and to a further fine not exceeding five hundred ringgit for every day or part of a day during which the offence continues after conviction.

Any person who, in contravention of section 7 supplies energy from an installation to or for the use of any person shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit, and to a further fine not exceeding five hundred ringgit for every day or a day or part of a day during which the offence continues after conviction.

Any licensee who without the express authority from the Director General supplies energy or lays down any supply line or constructs any electrical works outside the area of supply specified in his licence shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit, and any such unauthorised line or works may, after conviction, be removed by order of the Director General, and if such order is not complied with, reasonable cost of such removal may be recovered from the licensee.

Any licensee failing without lawful excuse to comply with any term and condition expressed in the licence shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit and, to a further fine not exceeding five hundred ringgit for every day or part of a day during which the offence continues after conviction.

Any person who in contravention of section 19 fails or neglects to register an installation shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit and a further fine not exceeding five hundred ringgit for every day or part of a day during which the offence continues after conviction.

Any person who, without due authority in that behalf, wilfully extinguishes or damages any public lamp or wilfully damages or defaces any post, bracket or other means of support of a public lamp shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to an imprisonment for a term not exceeding one year or to both.

Any person who without lawful consent, affixes or causes to be affixed any advertisement, bill or notice or any paper against or upon, or otherwise defaces any building, post or bracket or other equipment or the enclosure thereof used for or in connection with any public installation shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit.

Any person who wilfully or negligently-

Any person guilty of an offence against this Act for which no penalty is expressly provided shall, on conviction, be liable to a fine not exceeding one thousand ringgit and, in the case of a continuing offence, to a fine not exceeding one hundred ringgit for every day or part of a day during which the offence continues after conviction.

Whenever any agent or servant in the course of his employment does or omits to do an act the doing of which or omission to do which by his principal or employer would be an offence against this Act, such agent or servant shall be guilty of that offence, and his principal or employer and any person at the time of the act or omission was in charge of the business in respect of which the act or omission occurred shall be guilty of that offence unless the principal or employer or other person, as the case may be, proves to the satisfaction of the court that he took all reasonable means and precautions to prevent the act or omission.

the existence of artificial means which, either alone or in conjunction with additional artificial means not found, could be used for altering, or facilitating the alteration, of the index of any meter or instrument used for registering the quantity of energy supplied;

the existence of artificial means which, either alone or in conjunction with additional artificial means not found, would prevent, or facilitate the prevention of, any meter or instrument from duly registering the quantity of energy supplied, or would facilitate the dishonest abstraction, consumption, or use of energy; or

that the dishonest alteration, prevention, abstraction, consumption or use, as the case may be, has been carried out by—

the person fitting the artificial, mechanical or other means as aforesaid;

the person removing any such part or connection as aforesaid;

the person interfering with any such part or connection as aforesaid;

the consumer using the meter or instrument; or

the person having control of the installation where it is fixed; or

the occupiers of the premises on which the meter or instrument is installed; or

Without prejudice to subsection (1), any court before which a person is charged with an offence under this Act may assess the compensation payable under this section and may make an order for the payment of the same. Any such order may be enforced as if it were a judgement in a civil action or suit.

The Director General may make rules or regulations to prescribe the method and procedure for compounding such offences.

Any person who, without lawful excuse, contravenes or fails to comply with this section shall be guilty of an offence under this Act.

in the case of a licensed installation, order the suspension of the licence;

in the case of an unlicensed installation, by order prohibit the working or operation thereof; or

in the case of any installation, by order, prohibit the working or operation of such part thereof as causes the electrical interference, until arrangements have been made to the satisfaction of the Director General for preventing the recurrence of such electrical interference as aforesaid, and if, in the case of a licensed installation, no such arrangements are made, then the Minister may order that the licence for the said installation be revoked absolutely.

For any loss caused to a licensee by the suspension or revocation of a licence under this section the licensee may claim compensation from the Federal Government, State Government or any supply authority, as the case may be:

Provided that no claim shall be allowed and no compensation shall be paid where the electrical interference referred to in subsection (1) has been caused by an installation which does not comply with any regulations for regulating electrical interference made under any written law relating to telegraphs for the time being in force.

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If the claim be allowed, the compensation shall, unless settled by mutual agreement of the Federal Government, State Government or the supply authority, as the case may be, and the licensee, be determined by arbitration.

In the event of any breach of subsection (1), the Director General may by written order require the licensee or owner to remove the connection and may prohibit the use of any supply line or works or installation until the order is complied with, and every such order shall be complied with by the person concerned.

Every licensee and every management and person in charge of an installation becoming aware of a defect therein which is likely to cause danger shall forthwith make good or remove the defects, and every consumer becoming aware of a defect in any equipment which is likely to cause danger shall forthwith make good or remove the defect, or make a report thereof to a Director.

If in the opinion of the Director General any defect in an installation in respect whereof a licence is in force is of a nature that it cannot be made good or removed, the Director General shall hold an enquiry and, if he considers it necessary so to do, shall cancel the licence.

The licensee or owner shall not be entitled to compensation for any loss caused to the licensee or owner by the suspension of operation and use of, and sealing any installation or part thereof or by the suspension or cancellation of a licence under this section.

Any person who contravenes or fails to comply with subsections (1) and (2) shall be guilty of an offence under this Act.

Any person who contravenes this section shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.

installation ed so long ed and the and person of a defect forthwith consumer it which is e good or thereof to a general any a licence made good an enquiry hall cancel entitled to licensee or use of, and or by the under this employ or involving ity to live son under to comply an offence ction shall viction, be ringgit.

the functions and duties of any Director or officers appointed under section 3;

the intervals, times and manner in which any installation or equipment shall be inspected, the notice (if any) to be given in relation to inspections and the preparations to be made by the licensee or the management for inspections;

the minimum standards and specifications which shall be used in the design, construction, protection and maintenance of installations and equipment, the conditions under which any installation or equipment shall be worked or operated and the prohibition of the use of dangerous equipment;

the manner in which energy shall be measured and the standards of measurement which shall be employed and the manner in which energy is permitted to be or is prohibited from being supplied or used;

the standards to be adopted for measurement of dimensions of installations and equipment;

the manner of regulation and the limits of variation of the nature voltage and frequency of the energy supply

the class or design of wires, fittings and equipment to be used and the manner which the wires, fittings and equipment shall be erected, fixed, arranged, protected, controlled, inspected, tested and maintained;

the fees to be paid for licences and Certificates of Registration of installations and any other fees which require to be prescribed under this Act;

the form and contents of and the conditions to be prescribed in licences, the form and period of validity of Certificates of Registration and the conditions for suspension, extension and revocation of licences and Certificates of Registration;

the minimum qualifications to be possessed by persons before they may be entrusted with the design, construction, erection, testing, operation, maintenance, repair or alteration of any installation or equipment or with the charge, control or operation of any installation or equipment;

to devise the nature of tests to be employed for ascertaining whether persons possess the necessary qualifications prescribed for the purpose of competent control and other purposes, and the issue, suspension or revocation of certificates of competency, and to prescribe fees to be paid for such tests and certificates;

the registration and classification of wiring contractors, electrical sign contractors, switch board manufacturers and competent persons, and to prescribe fees for such registration;

the measures to be taken and the equipment to be supplied and used in connection with installations in order to secure public safety and private safety;