ELECTRICITY SUPPLY ACT 1990

is sold to the public; or

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.

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“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—

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

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—

generating station;

main supply lines and supply lines;

substations for converting, transforming or controlling electricity;

equipment for metering, monitoring or controlling electricity;

and

any wires, equipment and passages including tunnels and cavities or others used for, or in connection with, the generation, transmission, distribution or supply of electricity;

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“electricity transmission network” means a system or part of a system at nominal voltage of 66 kilovolts and above of main supply lines or cables, substations and associated equipment and building used for conveying electricity—

from a generating station to a substation;

from one generating station to another;

from one substation to another;

to or from any interconnection point; or

to the final consumer;

“equipment” includes any item for such purposes as generation, conversion, transmission, distribution or utilization of electrical energy or communications such as machines, transformers, apparatus, measuring instruments, protective devices, wiring materials, accessories, electrical product, consumer electrical equipment and appliances;

“generating station” means any station for generating electricity, including any building 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 electricity;

“generator” means a rotating machine of any type for changing mechanical energy into electrical energy;

“grievous hurt” and “hurt” have the meanings assigned thereto respectively in the Penal Code;

“installation” means the whole of any plant or equipment under one ownership or, where a management is prescribed, the person in charge of the same management, designed for the supply or use, or both, as the case may be, of electricity; including prime movers, if any, with all necessary plant, buildings and land in connection therewith, pipe line, supply line, electricity supply infrastructure, domestic and non-domestic electrical installation and consuming apparatus, if any;

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“insulated” means covered or protected by insulating material;

“insulating”, used as an epithet to characterize any substance, means of such size, quality and construction, according to circumstances, as to afford adequate protection from danger;

“licence” means a licence issued under section 9 and includes any licence issued under any other law enforced before the promulgation of this Act;

“licensee” means a person licensed under section 9;

“live” or “alive”, applied to a system or any part of any system, means that a voltage exists between any conductor and earth or between any two conductors in the system;

“mains” means a supply line through which electricity is or can be supplied, whether the line is in use or not;

“main supply line” means any high voltage or extra high voltage supply line for transmitting electricity from a generating station to another generating station or to a substation and includes any building or part of a building used in connection with such supply line;

“management” means the person for the time being placed in charge of an installation;

“meter” means any appliance, instrument, equipment or device used for the purpose of measuring and recording the amount of electrical energy or maximum demand or power factor or any combination;

“Minister” means the Minister for the time being charged with the responsibility for matters relating to the supply of electricity;

“motor” means a motor of any type for the transformation of electrical energy into mechanical energy;

“power factor” means the ratio of active power to the apparent power;

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“power quality” means the characteristics of the electricity at a given point on an electrical system, evaluated against a set of reference technical parameters such as voltage and current magnitude, frequency or waveform;

“power system” means a combined system consisting of an electricity transmission network, electricity distribution network and generating stations connected to the electricity transmission network and includes part of such system;

“prescribed”, unless otherwise specified, means prescribed by regulations made under section 53;

“prime mover” means a machine supplying mechanical energy to a generator;

“private installation” means an installation operated by a licensee or owner solely for the supply of electricity to and use thereof on the licensee’s or owner’s own property or premises, or, in the case of a consumer, taking electricity from a public installation or supply authority, for use only on the licensee’s or owner’s property or premises;

“private safety” means the obviation of danger to individuals or to private property;

“public installation” means an installation operated by a licensee for the supply of electricity to any person other than the licensee:

Provided that the licensee may use electricity for his own purposes where the use is consistent with the terms of the licence;

“public lamp” means an electric lamp used for the lighting of any street or other public place;

“public safety” means the obviation of danger to the general public, to public property and to streets, railways, airports, ports, canals, docks, wharves, piers, bridges, gasworks and their appurtenances and telegraphic, telephonic and other electrical signalling lines owned or operated by the Federal Government or any State Government;

“Registrar” means the Registrar as defined in the National Land

Code;

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“reserved land” means land reserved for a public purpose, railway reserves and forest reserves;

“retail” means the activity of supplying and selling of electricity to end consumers;

“ring fence” means identifying and isolating the activities, assets, costs, revenues and service obligations of a System Operator or a Single Buyer from the licensee referred to in sections 22a and 22b respectively through accounting, financial or legal separation or other means as determined by the Commission so as to ensure that the management of the System Operator or Single Buyer is capable of acting independently from activities under the licence of the licensee and to facilitate effective competition and enhance transparency in the operations of the power system;

“Single Buyer” means any person or a unit, department or division forming part of a licensee who is authorized under subsection 22b(1) responsible for the management of procurement of electricity and related services, which includes planning, scheduling, procuring and settlement, and any other function as may be prescribed;

“State land” does not include reserved land and alienated land;

“street” includes any way, road, lane, path, square, court, alley, passage or open space, whether a thoroughfare or not, over which the public have a right of way and also the roadway and footway over any public bridge;

“supply authority” means any statutory authority established by an Act of Parliament or any other law to generate and/or supply electricity;

“supply line” means a conductor or conductors or other means of conveying, transmitting or distributing electricity, together with any casing, coating, covering, tube, pipe, insulator or post enclosing, surrounding or supporting the same or any part thereof, or any building or equipment connected therewith for the purpose of transforming, conveying, transmitting or distributing electricity;

“system” means an electrical system in which all the conductors and equipment are electrically or magnetically connected;

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“System Operator” means any person or a unit, department or division forming part of a licensee who is authorized under subsection 22a(1) responsible for system security, operational planning, dispatch of generating units, real time operation and control of the power system and any other function as may be prescribed;

“transformation” means the transformation of voltage from lower to a higher voltage or vice versa.

to issue licences under section 9 of this Act;

to exercise regulatory functions in respect of the service of providing electricity by the licensee including the determination of supply and services standards, performance standards and standards of facilities and services and the enforcement thereof;

to promote competition in the generation and supply of electricity to, inter alia, ensure the optimum supply of electricity at reasonable prices;

to exercise regulatory function in respect of the consumers’

interests and the enforcement in respect of—

the prices to be charged and the other conditions of electricity supply;

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to secure that all reasonable demands for electricity are satisfied;

(ea) to regulate the activities of the licensee so that all reasonable demands for electricity are satisfied;

to ensure that licensees are able to finance the carrying on of the activities which they are authorized by their licences to carry on;

to promote and encourage the generation of electricity with a view to the economic development of Malaysia;

(ga) to promote the establishment and maintenance of safe and efficient systems for electricity generation, transmission, distribution and supply to consumers and the continued improvement of safety requirements;

(gb) to enforce standards for electrical installations and licensee’s electricity supply infrastructure, electrical products and consumer electrical equipment;

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 any installation, person providing service relating to efficient use of electricity, private wiring unit, electrical contractor, electrical services contractor, electrical repair contractor,

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manufacturer and importer, training and examination center or institution, conformity assessment bodies and any competent person, as may be prescribed;

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

(la) to promote the efficient use of electricity;

(lb) to review or audit any of the information which a licensee is required to furnish to the Commission;

to carry on all such other activities as may appear to the

Commission requisite, advantageous or convenient for the purpose of carrying out or in connection with the performance of his functions and duties under this Act.

Authorized officer 4a. (1) The Minister may in writing authorize any public officer or officer of the Commission to exercise the powers of enforcement under this Act.

Any such officer shall be deemed to be a public servant within the meaning of the Penal Code.

In exercising any of the powers of enforcement under this

Act, an authorized officer shall on demand produce to the person against whom he is acting the authority issued to him by the

Minister.

Power of entry by warrant or otherwise, inspection, examination, seizure, etc.

In every case where information is given on oath to any magistrate that there is reasonable cause for suspecting that there is in any land, house or building any article, thing, book, document, installation or part thereof used or intended to be used in relation to which any offence under this Act has been committed, he shall issue a warrant under his hand by virtue of which any authorized officer or police officer not below the rank of Inspector named or referred to in the warrant may enter the land, house or building at any reasonable time by day or night, and search for and seize or seal any such article, thing, book, document, installation or part thereof:

Provided that if an authorized officer or police officer not below the rank of Inspector is satisfied upon information received that he has reasonable grounds for believing that by reason of delay in obtaining a search warrant, any article, thing, book, document, installation or part thereof used to commit or to be used to commit an offence under this Act is likely to be removed or destroyed, he may enter such land, house or building without a warrant and seize or seal any such article, thing, book, document, installation or part thereof from therein.

An authorized officer or a police officer not below the rank of Inspector making the search may seize any article, thing, book, document, installation or part thereof used or intended to be used or capable of being used for the purpose of committing an offence under this Act and if such article, thing, book, document, installation or part thereof is seized, he shall produce the same before the magistrate, and upon such production the magistrate shall direct the same to be kept in the custody of the authorized officer or the police for the purpose of any investigation or prosecution under this Act.

Any authorized officer or police officer not below the rank of Inspector may in the exercise of his powers under subsection (2)

or (3), if it is necessary so to do—

The authorized officer or police officer not below the rank of Inspector seizing any article, thing, book, document, installation or part thereof under subsection (2) or (3) shall prepare a list of the things seized and forthwith deliver a copy signed by him to the occupier, or his agents or servants present in the premises and if the premises are unoccupied, such authorized officer or police officer shall wherever possible post a list of the things seized on the premises.

An authorized officer 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 an authorized officer except upon production of the identification card or badge.

Cost of holding things seized 5a.  Where any equipment, instrument, material, book, record, account, document, goods or thing seized under this Act or its subsidiary legislation is held in the custody of the Government or the Commission pending completion of any proceedings in respect of an offence under this Act or its subsidiary legislation, the cost of holding such equipment, instrument, material, book, record, account, document, goods or thing in custody shall, in the event of any person being found guilty of an offence, be a debt due to the Government or the Commission, as the case may be, by such person and shall be recoverable accordingly.

Release of things seized 5b. (1) If any equipment, instrument, material, book, record, account, document, goods or thing has been seized under this Act, the authorized officer who effected the seizure, may at any time after that, with the consent of the Public Prosecutor, release the

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equipment, instrument, material, book, record, account, document, goods or thing to the person as he determines to be lawfully entitled to the equipment, instrument, material, book, record, account, document, goods or thing if he is satisfied that the equipment, instrument, material, book, record, account, document, goods or thing is not otherwise required for the purpose of any proceedings under this Act or its subsidiary legislation, or for the purpose of any prosecution under any other written law, and in such event, neither the officer effecting the seizure, nor the Government, the

Commission or any person acting on behalf of the Government or the Commission shall be liable to any proceedings by any person if the seizure and the release of the equipment, instrument, material, book, record, account, document, goods or thing had been effected in good faith.

A record in writing shall be made by the authorized officer effecting the release of anything under subsection (1) specifying in detail the circumstances of and the reason for the release and send a copy of the record to the Public Prosecutor.

Powers of investigation

The Commission may, in relation to any investigation in respect of any offence committed under this Act or any regulation made thereunder, exercise the special powers in relation to police investigation except that the power to arrest without warrant given by the Criminal Procedure Code [Act 593] in any seizable offence may not be exercised by the Commission.

refuses any authorized officer or police officer not below the rank of Inspector access to any place;

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assaults, obstructs, hinders or delays any authorized officer or police officer not below the rank of Inspector in effecting any entry which he is entitled to effect under this Act, or in the execution of any duty imposed or power conferred by this Act;

refuses to give to any authorized officer or police officer not below the rank of Inspector any information relating to an offence or suspected offence under this Act or any other information which may reasonably be required of him and which he has in his knowledge or power to give;

(ca) refuses to give any officer of the Commission any information which may reasonably be required of him and which he has in his knowledge or power to give relating to any matter under the functions, duties and powers of the Commission under section 4; or

knowingly gives false information, commits an offence and on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three 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 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.

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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.

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.

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.

The Commission may, from time to time, issue codes, guidelines or directions in respect of any installation.

No licence shall be capable of being transferred unless the written consent of the Minister has been given.

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.

The duration of any licence shall be set out therein.

Any licence for a public installation shall set out—

The Commission may, with the approval of the Minister, at any time—

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.

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.

Any licensee who contravenes this section commits an offence.

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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—

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].

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.

A licensee shall publish its own standards of consumer services in accordance with the codes, guidelines or directions referred to in subsection (1).

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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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

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 any other person in charge of the reserved land or, in the absence of any such officer or person, to the District Land Administrator.

Power to enter on land for purposes of construction

Before entering on any land for the purpose specified in subsection (1), the licensee shall give a 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

First Schedule and the District Land Administrator shall specify a date upon which the State Authority shall inquire into any objection that may have been made as herein after 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 District Land Administrator, either verbally or in writing, and the District Land Administrator shall give notice of the objection to the State Authority and to the licensee.

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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 District Land Administrator shall hold an enquiry, giving all parties an opportunity to be heard.

Upon the conclusion of the enquiry the District Land

Administrator may either unconditionally or subject to such terms, conditions and stipulations as he thinks fit, make an order authorizing or prohibiting any of the acts mentioned in the notice given under subsection (2). The order shall be substantially in the form set out in the Second Schedule:

Provided that any party who is dissatisfied with the District

Land Administrator’s order may within twenty-one days after the order appeal against such an order to the State Authority which may then uphold, set aside or vary the order upon such terms, conditions and stipulations 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.

Notwithstanding any written law relating to land matters, the Registrar—

All equipment placed in or upon State land which is not removed therefrom within six months, or such longer period as the

State Government may permit, after the expiration or early determination of the licence under the authority whereof the same was so placed, shall vest in and become the property of the Government of the State wherein the same is situated.

Maintenance, repair and upgrading of installation

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 the acquisition accordingly.

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 situated shall be enforced 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 of the supply line to another part of the land, or to land at a higher or lower level, or the alteration of the line, posts or equipment, and subsections (1) to (4) shall apply to any such requisition:

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

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Saving of wayleave agreements

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.

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.

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Where a note or registration of a wayleave agreement made before 1 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.

Compensation

Any person aggrieved with the District Land Administrator’s assessment may within twenty-one days after the assessment appeal to the State Authority whose decision shall be final.

Reduction or cessation of supply: liability

Where the quantity of electricity has been reduced as aforesaid—

Any licensee shall not be liable for any damage to any person or property or for any cessation of the supply of electricity 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 his faulty construction of the installation.

Without prejudice to subsection (3), the licensee shall rectify and repair any damage to ensure continuation of the supply of electricity and where applicable, compensate for any damage within the period of time as directed by the Commission if it is shown to have resulted from the negligence of the licensee, his agents or servants, as the case may be.

Security: suspension of and revocation of licence

A licence may at any time be suspended or revoked by the

Commission upon 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:

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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 revocation, appeal to the Minister against the suspension or revocation, 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 equipment within three months from the date of termination, failing which the licensee shall be 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).

Restriction of use to specified purposes

The Commission shall cause inspection and tests to be made within the prescribed period and, if the installation satisfies the requirements of this Act, shall issue or cause to be issued a

Certificate of Registration in the prescribed form.

No person shall possess or operate an installation, other than an installation excluded under subsection (1) unless the installation is registered on a valid Certificate of Registration.

Certificates of Registration shall be surrendered by the owner or licensee to the Commission 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 is a new installation.

A Certificate of Registration may be cancelled in accordance with regulations made under section 53.

Certificates of Registration shall not be transferred without the permission of the Commission.

Periodical inspections of installations

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

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System Operator 22a.  (1)  The Minister may, upon the recommendation of the

Commission, authorize or revoke the authorization of any person or a unit, department or division forming part of a licensee to be a System Operator by order published in the Gazette.

The System Operator shall comply with any regulations, codes, guidelines or directions with regards to its functions as may be made or issued by the Minister or the Commission, as the case may be, under this Act.

A System Operator, pursuant to discharging its functions under this Act, shall ensure non-discriminatory conduct and optimal operation of such power system to the extent that it does not compromise the reliability, security and safety of the power system.

The Commission may, from time to time, issue codes, guidelines or directions to ring fence the System Operator from activities under the licence of the licensee which are not related to its function as a System Operator.

Single Buyer 22b.  (1)  The Minister may, upon the recommendation of the

Commission, authorize or revoke the authorization of any person or a unit, department or division forming part of a licensee to be a

Single Buyer by order published in the Gazette.

The Single Buyer shall comply with any regulations, codes, guidelines or directions with regards to its functions as may be made or issued by the Minister or the Commission, as the case may be, under this Act.

A Single Buyer, pursuant to discharging its functions under this Act, shall ensure non-discriminatory conduct and optimal operation of such power system to the extent that it does not compromise the reliability, security and safety of the power system.

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The Commission may, from time to time, issue codes, guidelines or directions to ring fence the Single Buyer from activities under the licence of the licensee which are not related to its function as a Single Buyer.

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

PART Va

EFFICIENT USE OF ELECTRICITY

Minister to determine standards, etc.

give a supply of electricity to those premises; and

so far as may be necessary for that purpose, provide supply lines or any electrical plant or equipment.

Where any person requires a supply of electricity under subsection (1) he shall give to the licensee a notice specifying—

Where a licensee receives from any person a notice under subsection (2) requiring him to give a supply of electricity to any premises and—

A notice under this subsection shall—

In this section and in sections 25 to 29 of this Part—

Any person who unlawfully—

the supply of electricity is already being given to the premises by another licensee; and

is located on land without the consent of the landowner;

he is prevented from doing so by the malfunction or failure of any electricity supply infrastructure, electrical system, equipment or installation beyond his control, or as a result of fire, flood, landslide, explosion, accident, industrial disturbance on a national level, emergency, riot, civil disturbance or war, or any other similar event not within the control of the licensee;

circumstances exist by reason of which his doing so will or may involve his breach of any regulation under this

Act; or

it is not reasonable in all the circumstances for him to be required to do so:

Provided that this paragraph shall not apply in relation to a supply of electricity which is being given to any premises unless the licensee has given to the occupier or to the owner, if the premises are not occupied, a notice of not less than seven working days of his intention to discontinue the supply of electricity.

Power to fix tariffs and charges

The Commission may, from time to time, issue guidelines on tariffs and charges including—

A licensee shall submit a proposal on tariffs and charges to the Commission in accordance with the guidelines issued by the Commission under subsection (2).

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The approved tariffs and charges shall be published by the licensee in such manner as in the opinion of the Commission will secure adequate publicity for it.

The approved tariffs and charges under subsection (1)

may include but not limited to—