Section 38
Exceptions to duty to supply electricity
of Electricity Supply Enactment 2024
Nothing in subsection 37(1) shall be taken as requiring a licensee to give a supply of electricity to any premises if —
(a)
the supply of electricity is already being given to the premises by another licensee and such supply is given whether wholly or partly through the licensee’s supply lines and electrical plant or equipment;
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(b)
the premises, being a domestic, commercial or industrial premises —
(i)
is located on land without the consent of the land owner;
(ii)
has not been approved pursuant to or is in contravention of the Local Government Ordinance 1961 [No.11 of 1961]
and Town and Country Planning Ordinance [Cap.141]; or
(iii)
is in contravention of any other written law;
(c)
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 state or national level, emergency, riot, civil disturbance or war, or any other similar event not within the control of the licensee;
(d)
circumstances exist by reason of which his doing so will or may involve his breach of any regulations under this Enactment; or
(e)
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, if the premises are not occupied, unless the licensee has given to the owner or to the occupier a notice of not less than seven working days of his intention to discontinue the supply of electricity.