Section 37 — AKTA BEKALAN ELEKTRIK 1990

(2)

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

(3)

Any person who in any manner dishonestly—

(a)

abstracts electricity;

(b)

consumes electricity;

(c)

uses electricity;

(d)

alters the index of any meter or other instrument used on or in connection with any installation of any supply authority or any licensed installation for recording the output or consumption of electricity; or

(e)

prevents any such meter or instrument from duly recording the output or consumption of electricity, commits an offence and shall, on conviction—

(A)

be liable:

(i)

in the case of a domestic consumer, to a fine of not less than one thousand ringgit and not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both; and

(ii)

in the case of a non-domestic consumer, to a fine of not less than twenty thousand ringgit and not exceeding one million ringgit or to imprisonment for a term not exceeding five years or to both; and

(B)

be liable for the second and subsequent offence:

(i)

in the case of a domestic consumer, to a fine of not less than five thousand ringgit, and not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both; and

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(ii)

in the case of a non-domestic consumer, to a fine of not less than one hundred thousand ringgit and not exceeding five million ringgit or to imprisonment for a term not exceeding ten years or to both.

(4)

Any person who, in contravention of section 9, uses, works or operates, or permits to be used, worked or operated any installation commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and to a further fine not exceeding one thousand ringgit for every day or part of a day during which the offence continues after conviction.

(5)

Any person who, in contravention of section 9, supplies electricity from an installation to or for the use of any person commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit, and to a further fine not exceeding one thousand ringgit for every day or part of a day during which the offence continues after conviction.

(6)

Any licensee who without the express authority from the

Commission supplies electricity or lays down any supply line or constructs any electrical work outside the area of supply specified in his licence commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit, and any such unauthorized line or work may, after conviction, be removed by order of the Commission, and if such order is not complied with, the reasonable costs of such removal may be recovered from the licensee.

(7)

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

(8)

Any person who fails or neglects to register any installation under section 21 commits an offence and shall, on conviction, be liable to a fine not exceeding twenty-five thousand ringgit and a further fine not exceeding one thousand ringgit for every day or part of a day during which the offence continues after conviction.

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(9)

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

(10)

Any person who without lawful consent of the supply authority or the licensee, as the case may be, 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 commits an offence and shall, on conviction, be liable to a fine not exceeding twenty-five thousand ringgit.

(11)

Any person who wilfully or negligently—

(a)

causes electricity to be diverted from its proper course to be wasted; or

(b)

breaks, throws down, causes to fall or damages any supply line, post, pole, or other equipment, installation or any part thereof, as the case may be, connected with the supply of electricity, commits an offence and shall, 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.

(12)

(a)

No person shall without the lawful authority of the supply authority or the licensee, as the case may be, undertake any work or engage in any activity in the vicinity of any electrical installation or part thereof as may be prescribed, in a manner likely to interfere with any electrical installation or to cause danger to any person or property.

(b)

Any person who contravenes this section commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

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(13)

(a)

No person shall install any electrical wiring or extension to existing wiring on any premises without first obtaining the approval in writing from a supply authority or licensee.

(b)

Any person who contravenes this section commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.

(14)

Any person who damages or removes any meter or other instrument used on or in connection with any licensed installation for recording the output or consumption of electricity commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

(15)

Any person—

(a)

found guilty of any offence against this Act for which no penalty is expressly provided shall, on conviction, be liable to a fine not exceeding twenty-five thousand ringgit and, in the case of a continuing offence, to a fine not exceeding five hundred ringgit for every day or part of a day during which the offence continues after conviction;

(b)

who by any act or omission contravenes any provision under this Act commits an offence and if no penalty is expressly provided shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and, in the case of a continuing offence, to a fine not exceeding five hundred ringgit for every day or part of a day during which the offence continues after conviction.

(16)

For the purposes of subsection (3)—

“domestic installation” means an installation in a private dwelling which is not used in any hotel or boarding house or for the purpose of carrying out any business, trade, profession or service;

“non-domestic consumer” means a consumer of electricity other than domestic consumer;

“domestic consumer” means a consumer in domestic installation supplied or connected with electricity.

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Offence committed by body corporate 37a. (1) Where an offence against this Act or its subsidiary legislation has been committed by a body corporate, any person who at the time of the commission of the offence was a director, chief executive officer, chief operating officer, manager, secretary or other similar officer of the body corporate or was purporting to act in such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate or was assisting in such management—

(a)

may be charged severally or jointly in the same proceedings with the body corporate; and

(b)

if the body corporate is found guilty of the offence, shall be deemed to be guilty of that offence unless having regard to the nature of his functions in that capacity and to all circumstances, he proves—

(i)

that the offence was committed without his knowledge, consent or connivance; and

(ii)

that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence.

(2)

If any person would be liable under this Act or any regulations made under this Act to any punishment or penalty for his act, omission, neglect or default he shall be liable to the same punishment or penalty for every such act, omission, neglect or default of any employee, servant or agent of his, or of the employee or servant of such agent if the act, omission, neglect or default was committed—

(a)

by that person’s employee or servant in the course of his employment;

(b)

by the agent when acting on behalf of that person; or

(c)

by the employee or servant of the agent in the course of his employment by the agent or otherwise on behalf of the agent acting on behalf of that person.

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Offence of attempt and abetment 37b. Where any person—

(a)

aids, abets, assists, incites or induces any other person to make or makes on behalf of another person an incorrect return, account, statement or declaration or to commit any offence punishable under this Act; or

(b)

attempts to make or to make on behalf of another person an incorrect return, account, statement or declaration or to commit any offence punishable under this Act, that person commits an offence and shall, on conviction, be punishable with the punishment provided for such offence under this Act provided that any term of imprisonment imposed shall not exceed one-half of the longest term provided for the offence.

Disconnection of supply of electricity