Malaysia legislation
Section 38
Section 38
Electricity Supply 57
(3)
or (14), the licensee or any person duly authorized by the licensee shall within three working days from the date of such finding inform the Commission in writing, and the licensee may, upon giving not less than forty-eight hours’ notice from the same date in such form as may be prescribed, cause the supply of electricity to be disconnected from the said premises.
(1a)
Notwithstanding any other provisions in this Act, where a police officer not below the rank of Assistant Superintendent applies to a supply authority or a licensee for the disconnection of the supply of electricity to any premises for a period not exceeding one calendar month under section 21a of the Common Gaming
Houses Act 1953 [Act 289], the supply authority or the licensee or any person authorized by the supply authority or the licensee shall immediately disconnect or cause the supply of electricity to be disconnected from those premises.
(1b)
Upon receiving such information under subsection (1), the
Commission may verify the matter and in cases where it finds that no offence has been committed, the supply of electricity shall be reconnected immediately.
Electricity Supply 63
(2)
If the supply of electricity has been disconnected under subsection (1), it shall not be reconnected until the licensee at his discretion gives permission for reconnection:
Provided that the period of disconnection shall not exceed three months.
(2a)
Notwithstanding subsection (2), if the supply of electricity has been disconnected under subsection (1a), it shall not be reconnected without the written permission of a police officer not below the rank of Assistant Superintendent.
(3)
The licensee may require the consumer to pay him for the loss of revenue due to the offence committed under subsections 37(1), (3) and (14) and any reasonable expenses directly incurred by the licensee under this section including expenses incurred in respect of reconnection of electricity in the manner as have been directed by the Commission:
Provided that and subject to subsection (4), if the licensee does not proceed with a claim for such loss of revenue and expenses in court, the licensee may only claim against the consumer for the said loss of revenue and expenses for a period not exceeding six months retrospectively from the date the offence was discovered under subsection (1).
(4)
A written statement by an employee of the licensee duly certified by the licensee or any person authorized by the licensee specifying—
(a)
the amount of loss of revenue or the reasonable expenses incurred by the licensee;
(aa) the manner of calculation of the loss of revenue and items of expenses; and
(b)
the person liable for the payment thereof, shall be prima facie evidence of the payment that has to be made by the consumer under subsection (3) and such written statement shall be notified to the consumer within fourteen working days or any period as extended with the written approval of the
Commission after the disconnection.
Act 447
(5)
The amount stated in the written statement under subsection (4)
shall, within the period specified in the statement, be due and payable to the licensee and in default of payment, such amount shall be recoverable by civil action in a court.
Liabilities unaffected