Malaysia legislation
Section 9
Section 9
(a)
use, work or operate or permit to be used, worked or operated any installation; or
(b)
supply to or for the use of any other person electricity from any installation, except under and in accordance with the terms and conditions of a licence as may be prescribed authorizing the supply or use, as the case may be.
Act 447
(2)
Licences may be granted by the Commission with the approval of the Minister upon payment of such fees and upon such terms and conditions as appear to be requisite or expedient having regard to the duties imposed by section 4.
(2a)
The Commission may, whether a notice has been served or not, levy a surcharge for the late payment of fees due to from a licensee to the Commission, at a rate of one per cent per month or part of a month on such fees or at any other rate as may be prescribed.
(2b)
Notwithstanding subsection (2), the Commission may grant a licence upon payment of fees and upon such conditions as appear to be requisite or expedient having regard to the duties imposed by section 4 in respect of any installation as may be prescribed.
(2c)
The Commission may, from time to time, issue codes, guidelines or directions in respect of any installation.
(3)
No licence shall be capable of being transferred unless the written consent of the Minister has been given.
(4)
Licences may be for such periods as the Commission 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.
(5)
The duration of any licence shall be set out therein.
(6)
Any licence for a public installation shall set out—
(a)
the area of supply;
(b)
the declared voltage and the variations permitted there from;
(c)
the maximum charges payable by consumers; and
(d)
such other matters as the Commission may consider necessary.
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(7)
The Commission may, with the approval of the Minister, at any time—
(a)
impose any additional terms or conditions on the licences, including existing licences; or
(b)
amend any terms or conditions imposed on the licences, in accordance with the procedure as may be prescribed.
Obligation to submit business plan 9a. (1) The Commission may request any licensee to submit a five year, or such other period as determined by the Commission, rolling business plan updated on an annual basis or any other time period as determined by the Commission according to procedures provided in the guidelines issued by the Commission.
(2)
Any licensee who contravenes this section commits an offence.
Requirements on licensing 9b. (1) Notwithstanding any other provisions of this Act, if at any time it appears to the Commission that a licensee has failed to comply with any requirement of or to meet any of its duties or obligations under this Act or its subsidiary legislation or the conditions of the licence, the Commission may require the licensee to rectify the failure or to comply with the requirements, duties or obligations or licence conditions within a specified period.
(2)
The licensee referred to in subsection (1) shall take all reasonable measures to comply and submit periodic compliance reports on the measures taken to the satisfaction of the Commission.
(3)
Any licensee who contravenes this section commits an offence.
Act 447
Standards of performance of supply and services by licensees 9c. (1) The Commission may, from time to time, issue codes, guidelines or directions on such standards of performance of supply and services to be implemented by a licensee including procedures for—
(a)
reasonably meeting consumer requirements;
(b)
handling consumer complaints and disputes;
(c)
procedures for the compensation of consumers in case of a breach of the standards of performance or a breach of any of the licensee’s obligations under the Act; and
(d)
the protection of consumer information.
(2)
Any action taken by the Commission pursuant to this section in respect of any failure by any licensee to meet the standards referred to in subsection (1), shall not prejudice or affect any other remedy which may be available in respect of the act or omission of the licensee which constituted that failure under any other law including the
Consumer Protection Act 1999 [Act 599].
(3)
The Commission may direct the licensee to provide any information on the levels of performance achieved and services provided in respect of the standards referred to in subsection (1)
to consumers or potential consumers.
(4)
A licensee shall publish its own standards of consumer services in accordance with the codes, guidelines or directions referred to in subsection (1).
(5)
Any licensee who contravenes this section commits an offence.
Proper annual accounts by licensee 9d. (1) The licensee shall keep and maintain proper annual accounts of activities under the licence containing sufficient details as may be required of any revenues, costs, assets, liabilities, reserves or any other related matters.
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(2)
The accounts shall also be in accordance with any guidelines or directions as the Commission may, from time to time, issue to the licensee and such accounts shall be submitted to the
Commission accordingly.
Arrangement for procurement of electricity 9e.
In exercising its functions under paragraph 4(d), any arrangement by licensees or the Single Buyer for the procurement of electricity through the electricity transmission network, shall be subject to the approval of the Commission.
Power to enter on and examine land