LEMBAGA LETRIK SABAH ACT 1983

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The Board shall have a common seal which shall bear such device as the Board may approve and such seal may from time to time be broken, changed, altered and made anew by the Board, as the Board may think fit.

Until a common seal is provided under subsection (2), a stamp bearing the inscription "Lembaga Letrik Sabah" may be used as the common seal of the Board.

a Chairman;

a Deputy Chairman;

seven other members, of whom at least three shall hold office in the public service; and

the person who for the time being holds the office of the General Manager;

Provided that the General Manager shall not be entitled to vote at the meeting of the Board.

The members as specified in paragraphs (a), (b) and (c) of subsection (1) shall be appointed by the Minister.

A member who is an officer in the public service may by instrument in writing addressed to the Chairman appoint another officer in the public service as an alternate member who may attend on his behalf any meeting of the Board which such member is for

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any reason unable to attend and such alternate member when attending such meeting shall for all purposes be deemed to be a member of the Board.

Subject to the provisions of section 7, a member, other than the General Manager, shall hold office for a period of three years from the date of his appointment, and shall be eligible for re-appointment.

The appointment of a member may at any time be revoked by the Minister if he thinks it expedient to do so.

a person who is of unsound mind or otherwise incapable of performing his duties or managing his affairs;

a person who is prohibited from being a director of a company under the provisions of any written law relating to companies;

a person who has been convicted of any offence involving fraud, dishonesty or moral turpitude; and

a bankrupt.

on his death;

if he is absent from three consecutive meetings of the Board without the special leave of the Chairman or leave of absence granted under this Act and the Board passes a resolution declaring his office vacant;

if he resigns his office;

if he becomes disqualified for membership under section 6;

if his appointment is revoked by the Minister.

Where any member, other than the General Manager, is prevented by illness, absence from the State or other like cause from performing his duties as a member the Minister may appoint any suitably qualified person to act as deputy for such member during such period as he is so prevented from performing his duties.

Any member of the Board who retains, purchases, takes or becomes or remains interested in any shares in any energy undertaking in contravention of the provisions of this section shall be disqualified from, and be deemed to have vacated his office as such member, and the Chairman shall cause an entry to that effect to be made in the minutes of the Board as soon as practicable after the fact of any such contravention comes to his knowledge.

The fact of any person disqualified under this section having sat on, or taken part in any proceedings of, the Board before such entry as aforesaid has been made in the minutes shall not invalidate any resolution or proceedings of the Board.

In this section—

"shares in any energy undertaking" means any stock, shares, debentures, debenture stock, bonds or other securities of any company engaged in the State in the generation, distribution or supply of energy, or the manufacture therein of electrical equipment, and includes any share or interest in any unincorporated undertaking similarly engaged.

Where not less than three members, by notice in writing signed by them and addressed to the Chairman, request that a meeting of the Board be held for any purpose specified in such notice the Chairman shall, within seven days of the receipt by him of such notice, convene a meeting accordingly.

In the absence of the Chairman from any meeting of the Board, the Deputy Chairman shall preside thereat and, in the absence of both the Chairman and the Deputy Chairman, the members present shall elect one of their members to preside thereat.

Questions arising at any meeting of the Board shall be decided by the votes of the majority of those present and voting thereon and in the case of an equality of votes the Chairman or other person presiding at such meetings shall have a second or casting vote.

rd shall airman meeting thereat and the lect one

Board of those equality at such

Subject to the provisions of this Part, the Board shall have power to make standing orders to regulate its own proceedings.

any share or interest in any contract made with or work done for the Board or in any company or with any person or in respect of any undertaking with which the Board proposes to contract; or

any beneficial interest in land proposed to be acquired, purchased, leased or otherwise dealt with by the Board or which he knows to be affected or to be likely to be affected by any project, scheme or enterprise approved or proposed to be approved by the Board;

shall, before taking part in any proceedings at a meeting of the Board, relating to or affecting directly or indirectly any such contract or land, inform the person presiding at such meeting of the nature and extent of such share or interest, and such information shall be recorded in the minutes of such meeting, and such member shall not vote upon any resolution or question relating thereto or to matters incidental thereto and if the person presiding at the meeting so requests, such member shall withdraw from the meeting during such deliberation or decision:

Provided that no member shall be deemed to have or acquire any share or interest in a contract with the Board by reason only that he has or acquires a share in any loan issued by the Board or in any security for the same:

Provided further that for the purpose of determining whether there is a quorum a member who attends the meeting shall be treated as being present notwithstanding that, under the provisions of this section, he may not vote or has withdrawn.

Any person who contravenes or fails to comply with the provisions of subsection (1) of this section shall be guilty of an offence and shall be liable on conviction to a fine of one thousand ringgit and imprisonment for six months.

A committee may do all such things as may be necessary for the effective carrying out of its functions but shall be subject to the general directions of the Board.

A committee shall consist of a Chairman and not more than five other persons.

A committee may consist of persons who are not members of the Board.

Members of a committee may be paid such remuneration or allowance as the Board may, with the approval of the Minister, determine.

The quorum for the meeting of a committee shall be three.

Any question to be determined at any meeting of a committee shall be decided by the votes of the majority of those present and voting thereon, and in the case of an equality of votes the person presiding shall have a second or casting vote.

A committee may invite to any of its meetings any person who can. in its opinion contribute to its deliberations but such a person shall have no right to vote at the meeting.

Subject to this section and the directions of the Board, a committee shall regulate its own procedure.

Any functions delegated under this section—

No delegation made under this section shall preclude the Board itself from exercising or performing at any time any of the functions so delegated.

The Chairman may at the time of delegating any power or authority under subsection (1) to any member, officer or servant, or at any time thereafter give directions as to the manner in which such delegated power or authority is to be exercised and may at any time revoke, modify or increase such delegation.

All documents, other than those required by law to be under seal, to which the Board is a party may be signed on behalf of the Board by the Chairman or any member or by any officer or servant generally or specially authorised in that behalf by the Board.

Until the contrary is proved, every meeting of the Board or of any committee thereof shall be deemed to have been duly convened and held and all members present thereat shall be deemed to have been duly qualified.

A statement in any document to the effect that any function has been delegated under this Part shall, unless the contrary is proved, be evidence that such delegation has been lawfully made.

for carrying out its functions and duties under this Act.

from time to time, with the approval of the Minister, appoint and employ, a General Manager and such number of Deputy General Managers; and

Whenever the General Manager is prevented by illness, absence from the State, or other like cause from performing his duties as such, or when the office of General Manager is vacant, the Board may with the approval of the Minister, appoint one of its officers to perform the duties of General Manager during such period as the General Manager is so prevented from performing his duties or the said office is vacant.

Subject to the approval of the Minister, the General Manager and other officers and servants of the Board shall be engaged on such terms and conditions as the Board may think fit.

Subject to the directions and control of the Board all officers and servants of the Board shall be under the administrative control of the General Manager.

Any officer or servant of the Board who has or acquires any such share or interest shall be liable in the discretion of the Board to summary dismissal without notice.

No officer or servant shall be deemed to have or acquire any such share or interest by reason only that—

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;

to establish, manage and work such energy installations as the Board may deem it expedient to establish;

to promote and encourage the production, generation and utilisation of energy with a view to the economic development of the State;

to secure the supply of energy at reasonable prices;

to make regulations, in accordance with this Act, governing the generation, transmission, distribution and use of energy:

Provided that the regulations made under this paragraph shall conform to the standard of safety and not be inconsistent with the requirements of any written law pertaining to such standard of safety;

to advise the Minister on all matters relating to the generation, transmission, distribution and use of energy.

For the purposes of subsection (1) and subject to the provisions of any written law the Board may—

Subject to the provisions of this Act, the Board shall for the purpose of carrying out the duties imposed upon it have power—

The Board may in its discretion refuse to give such supply of energy to any building which has been erected in contravention of any written law or which is in a ruinous or dangerous condition.

The Board shall not supply electrical energy to a consumer, other than a licensee, in any area which for the time being forms part of the area of supply of a licensee, except with the consent of such licensee:

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 withheld, may dispense with such consent. For the purposes of this proviso consent shall be deemed to be 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 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.

Notwithstanding anything in this section contained, 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 of 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.

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.

If any difference arises as to any improper use of electrical energy, or as to any alleged defects in, or as to unsuitable or as to necessary equipment or protective devices, that difference shall be referred to an Electrical Inspector whose decision shall be final and binding on the parties.

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.

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 sum due 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 given to the Board a deposit as security for payment for a supply of electrical energy, the Board shall not be entitled to discontinue such supply until the sum due or other energy er as to it supply e makes previous seasonable vered on d's main commer it of the of three months, to supply er makes matters.

any other set of the authority, h supply, y electric icity may other sum, Board in electricity, supply of company erson has payment all not be sum due

LEMBAGA LETRIK SABAH to him for that supply shall equal the sum so deposited as security and after payment shall have been demanded.

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.

Whenever any person neglects to pay any rent 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.

In any case where such permission is refused, the Board may, additional to any penalty to which the occupier, lessee or owner of any premises to which electrical energy is or has been supplied by the Board may be liable under this Act in respect of such refusal, cut or disconnect any electric supply line or other work through which electrical energy may be supplied, and may until such permission is given and any expense incurred by the Board in cutting or disconnecting and reconnecting any electric supply line or other work as aforesaid, are fully paid, but no longer, discontinue or refuse to supply electrical energy to such occupier, lessee or owner.

Electric Lines

For the purposes of this section electric lines, meters, accumulators, fittings, works and equipment disposed of by the Board on terms of payment by instalment shall, until the whole of the instalments have been paid, be deemed to be electric lines, meters, accumulators, fittings, works and equipment let on hire by the Board.

Nothing in this section shall affect the amount of assessment for rating of any premises upon which any electric lines, meters, accumulators, fittings, works and equipment are or shall be fixed.

such sums as may from time to time be provided by Parliament to the Board or donated by the Government of Sabah or of any other State or by any other institution or person for the purposes of the Board;

such sums as may from time to time be raised by the Board by loan;

such sums as may be collected as tariffs under the provisions of this Act or any other written law;

all rent and proceeds of sale profits and income and other funds derived by the Board directly or indirectly from the property belonging to the Board;

all fees and such other sums as may from time to time be paid to the Board.

The Fund of the Board for any financial year shall be applied in defraying the following charges—

The balance of the revenue of the Board shall be applied—

the provision of working capital;

the fulfilling of the functions of the Board under this Act;

the acquisition of other electricity undertaking;

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the redemption of any shares or stock which it is required or entitled to redeem; and

any other expenditure properly chargeable to capital account.

The Board in fixing tariffs and making agreements for the supply of energy shall not show undue preference as between consumers similarly situated, and shall not exercise undue discrimination as between persons similarly situated, having regard to the place and time of supply, the quantity of energy supplied, the consumer load and power factor, and the purpose for which the supply is taken.

If any difference arises as to what is undue preference, advantage, rebate or privilege, or as to price, that difference shall be determined by the Minister.

The Board may, from time to time, for the purpose of this Act, raise loans from the Government, or with the consent of the Minister, borrow by way of a temporary loan or overdraft from a bank licensed under the provisions of the Banking Act 1973, or otherwise.

In making loans under the provisions of subsection (1) the Board may charge such rate of interest as it may deem fit in any particular case.

Every loan shall be repaid to the Board in accordance with the terms and conditions under which such loan was made and the money so paid shall thereupon be taken into the accounts of the Board.

Every mortgage to secure loan and every instrument or charge under the provisions of this Act shall be approved by the Board and all costs, charges and expenses incurred in connection therewith shall be paid by the person to whom the loan is made.

Supplementary estimates may be adopted by the Board at any of its meetings.

A copy of all annual estimates and supplementary estimates shall, upon their adoption by the Board, be sent forthwith to the Minister for his approval.

No expenditure shall be incurred by the Board which has not been included in annual estimates or supplementary estimates adopted by the Board and approved by the Minister.

All orders against the said account shall be signed by the General Manager and countersigned by another officer of the Board authorized in writing in that behalf by the Board.

Every map or plan so made or corrected or a copy thereof marked with the date when it was so made or last corrected shall be kept by the Board at his principal office, and shall at all reasonable times be open to the inspection of the Director of Public Works of Sabah, General Manager Railways, Director General of Telecommunications Malaysia and any officer duly authorized by any local authority. The Director of Lands and Surveys and the local authority shall at a reasonable charge supply to the Board copies of the necessary maps, if available, or failing such maps then they shall supply all information which may be available to enable such maps to be prepared.

The Board shall, if required by the Director of Public Works of Sabah, General Manager Railways, or the Director General of Telecommunications, Malaysia, supply a copy of any such map or plan and shall, if required by a local authority, supply them with a copy of the plans showing the distribution lines within their boundaries.

plans and drawings to a scale of not less than one in five hundred of dams, weirs, canals, reservoirs, tunnels, and headworks;

plans to a scale of not less than one in fifty thousand or other scale approved by the Director of Lands and Surveys showing the main transmission lines;

plans and drawings of power houses to a scale of not less than one in five hundred.

If the disapproval of the Minister is not notified in respect of any item at the expiration of twenty-eight days after the same shall have been submitted to him the said plans shall be deemed to have been approved and the Board shall be at liberty to execute the works.

The foregoing provisions shall also apply to any amended plans and drawings which the Board may submit to the Minister to meet any disapproval or objections raised by him:

Provided that the Minister shall notify his approval or disapproval of or objections to any such amended plans and drawings before the expiration of fourteen days as from the date when the same shall have been so submitted, and in the event of no notification being made within such period aforesaid the Board shall be at liberty to proceed as if approval had been given.

ector of all at a s of the aps then be avail-ector of ways, or Malaysia shall, if a copy hin their y of the approval plans and less than ; canals, e in fifty by the wing the to a scale not notifiedenty-eighted to him approved works.

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; approval amended f fourteen have been tion being d shall be given.

The Board shall not execute any of the works in respect of which plans are required to be submitted to the Minister except in accordance with approved plans and any breach of the requirements of this subsection shall render the Board liable on conviction to a penalty of one thousand ringgit for each default.

Wayleaves

Nothing in subsection (1) shall authorize or empower the Board to lay down or place any electric supply line or other works into, through or against any building or on, over or under any land covered with buildings, or used as a garden or pleasure ground, without the consent of the owner or occupier thereof:

Provided that any support of an overhead line or any stay or strut required for the sole purpose of securing the support of an overhead line may be fixed on any land or building with the consent of the District Officer of the district if in his opinion the consent of the owner or occupier is being unreasonably withheld, and the District Officer of the district shall fix the amount of compensation or of annual rental, or of both, which shall be paid by the Board to the owner or occupier.

If the owner or occupier of any land on which any electric supply line has been placed requires the position of such electric supply line to be changed, the District Officer of the district may, by notice in writing, require the Board to alter the position of the electric supply line, subject to conditions which, failing agreement between the parties, may be determined by the Minister.

In deciding whether to give or withhold his consent or to issue any notice or to impose any terms or conditions, the District Officer shall take into consideration all representations or objections received in accordance with the notice or otherwise, and shall have regard to the effect, if any, on the amenities or value of the land of the placing or altering of such electric supply line or other work in the manner proposed.

Works

the Board requires to dig or sink any trench for laying down, erecting or constructing any new electric supply lines (other than service lines) or other works near to which any sewer, drain, watercourse, defence or work, or any main, pipe, syphon, electric supply line, telecommunications wire or cable or other work under the jurisdiction or control of a public or local authority or belonging to any gas, electric supply, telecommunications or water company, has been lawfully placed; or

any gas, telecommunications, or water company requires to dig or sink any trench for laying down or constructing any new mains, wires, cables, or pipes (other than service pipes) or other works near to which any electric supply lines or works of the Board have been lawfully placed, the Board or such public or local authority, or company, as the case may be (in this section referred to as "the operator") shall, unless it is otherwise agreed between the parties interested, or in case of sudden emergency, give to the public or local authority, or company concerned, or to the Board, as the case may be (in this section referred to as "the owner") not less than seven days' notice before commencing to dig or sink such trench as aforesaid, and that owner shall be entitled by his officer to superintend the work, and the operator shall conform to such reasonable requirements as may be made by the owner or the officer for protecting from injury every such sewer, drain, watercourse, defence, main, pipe, syphon, electric supply line, telecommunications wire or cable or works, and for securing access thereto, and he shall also, if required by the owner thereof, repair any damage that may be done thereto.

Where the operator finds it necessary to undermine but not alter the position of any pipe, electric supply line, wire or cable or works, he shall support it in position during the execution of his work, and before completion provide a suitable and proper foundation for it where so undermined.

any trench acting any an service any sewer, k, or any line, tele other work a public or gas, electric company, or company for laying cins, wires, e pipes) or metric supply en lawfully r company, to as "the ed between emergency, npany conbe (in this than seven sink such be entitled the operator ents as mayecting from se, defence, lecommuni-uring access the owner one thereto.

y to underipe, electric ll support it , and before foundation

Where the Board in laying any electric supply line crossing is liable to touch any mains, pipes, lines or services belonging to any gas, electric supply, telecommunications or water authority, or company, the conducting portions of the electric supply line shall be effectively insulated in a manner approved by the Electrical Inspector and the Board shall not, except with the written consent of such authority or company as the case may be, and of the Minister, lay his electric supply line so as to come into contact with any such mains, pipes, lines or services, or except with the like consent and in a manner approved by the Minister employ any such mains, pipes, lines or services, as conductors for the purposes of his supply of energy.

Any question or difference which may arise under this section shall be determined by the Minister.

If the operator makes default in complying with any of the requirements of this section he shall make full compensation to all owners affected thereby for any loss, damage, penalty or costs which they may incur by reason thereof and in addition thereto he shall be liable for each default to a penalty not exceeding fifty ringgit and a daily penalty not exceeding fifty ringgit:

Provided that the operator shall not be subject to any such penalty if the court is of the opinion that the case was one of emergency, and that the operator complied with the requirements of this section so far as was reasonable in the circumstances, or that the default in question was due to the fact that the operator was ignorant of the position of the sewer, drain, main, pipe, syphon, electric supply line or work affected thereby, and that such ignorance was not owing to any negligence on the part of the operator.

In any such case as aforesaid the following provisions shall, in the absence of an agreement to the contrary between the parties concerned, apply, namely—