(2) The exercise, performance and discharge by the Commission of the powers , duties, and functions conferred on or assigned to it under this Act, shall be in addition and not in derogation to the exercise, performance and discharge of the powers, duties and functions that the Commission is given or conferred with by the Public Utilities Commission of Sri Lanka Act, No. 35 of 2002.

(2) The Commission in the discharge of its licensing functions entrusted to it by paragraph (b) of subsection (1), shall ensure that a co-ordinated, efficient and economical system of electricity supply is provided for and maintained throughout Sri Lanka, at all times.

(hereinafter referred to as the “objectives”).

(2) In this section “the interests of consumers” includes the interests of existing and future consumers, with regard to-

(2) The Minister shall in formulating the general policy guidelines referred to in subsection (1), take into consideration, among other matters, the following:-

(3) The Minister shall forward the general policy guidelines formulated under subsection (1) to the Cabinet of Ministers for its approval. All amendments sought to be made to the guidelines approved by the Cabinet of Ministers, shall also be required to be approved by the Cabinet of Ministers.

(2) It shall be the duty of an electrical inspector appointed under subsection (1)-

(3) Regulations may be made –

(4) Any fees received by the electrical inspector under this section, shall be credited to the Fund of the Commission

unless he is authorized to do so by a licence granted under this Act or is exempted from obtaining a licence under section 10.

(2) A person who contravenes the provisions of subsection (1) shall be guilty of an offence under this Act and shall be liable on conviction after summary trial before a Magistrate, to a fine not less than one hundred thousand rupees and not exceeding ten million rupees and where the offence is continued to be committed after such conviction, be liable to an additional fine equal to the amount imposed as the fine on conviction, in respect of each day during which the offence is continued to be so committed.

(3) Where a person is prosecuted for an offence under subsection (2), the court shall in addition to the punishment imposed under that subsection, further order the person convicted to refrain with immediate effect from carrying on the activity which he is prohibited from carrying on under subsection (1), until he has obtained a licence for the same as required by that subsection.

(4) No proceedings shall be instituted in respect of an offence under this section except with the written sanction of the Commission.

(2) No person other than the Ceylon Electricity Board, established by the Ceylon Electricity Board Act, No. 17 of 1969 shall be eligible to apply for the issue of a transmission licence.

(3) No persons other than any one of the following shall be eligible to apply for the issue of a distribution licence:-

(2) Every such exemption granted under subsection (1) shall be to such extent, be subject to such conditions and be for such period, as may be specified in the Order.

(2) Every notice under subsection (1) shall-

(2) Forthwith upon the grant of a licence or an extension under this section, the Commission shall cause to be published in the Gazette, a Notification giving details of the licence or extension granted, including the persons to whom and the purposes for which it was granted, the term of such licence or extension, as the case may be, and the conditions subject to which it was granted.

(3) A person shall not be granted both a transmission licence and-

(4) A person shall not be granted both a generation licence and a distribution licence.

(2) As soon as practicable after granting a generation, transmission or distribution licence or of an extension of such licence, the Commission shall send a copy thereof-

(2) Conditions included in a generation, transmission or distribution licence may include, requirements-

(3) Any sum received by the Commission by virtue of any condition of a licence shall be paid into the Fund of the Commission.

(b) requiring the licensee to sell electricity generated by the licensee exclusively and only to transmission licensees;

(c) requiring the licensee to adhere to all environmental laws for the time being in force;

(d) requiring the licensee to take all possible steps to protect persons, plants and equipment from injury and damage;

(e) requiring the licensee to implement and maintain such technical or operational codes in relation to the generation system as the Commission considers necessary or expedient: and

(f) requiring it to develop and maintain electric lines, cables, plants and fuel handling plants and associated equipment.

(b) requiring the licensee to forecast future demand, to plan the development of the licensee’s transmission system and to procure the development of new generation plant to meet reasonable forecast demand;

(c) requiring the licensee to purchase electricity and other goods and services on the most economically advantageous terms and in a most transparent manner ;

(d) relating to the establishment of tariffs the licensee may charge for the bulk sales of electricity and tariffs for the use of the transmission system by generation licensees and distribution licensees;

(e) requiring the licensee to maintain separate accounts in respect of different parts of the licensee’s business and prohibiting cross subsidy between those parts;

(f) requiring the licensee to implement and maintain such technical or operational codes in relation to the transmission system (including a grid code) as the Commission considers necessary or expedient;

(g) requiring the licensee to develop and maintain electric lines or electrical plant or both;

(h) requiring the licensee to develop and operate a transparent generation dispatch model; and

(i) requiring the licensee to publish for the benefit of the public, all relevant information relating to its generation procurement,

(b) requiring the licensee to publish and conform to codes of practice in relation to consumer issues, containing such provisions as the Commission considers necessary for the protection of consumers, including provision relating to-

(c) requiring the licensee to implement and maintain such technical or operational codes in relation to the electricity distribution network as the Commission considers necessary or expedient ; and

(d) requiring the licensee to develop and maintain electric lines or electrical plant or both.

(2) A licence shall not be capable of being assigned except with the consent of the Commission and of the Minister.

(3) In deciding whether to give its consent under subsection (2), the Commission shall apply the same criteria as it would apply if it were deciding whether to grant a corresponding licence or part of a corresponding licence to the assignee.

(4) A consent under subsection (3) may be given subject to the assignee agreeing to -

(5) A licence may include conditions authorizing assignment, subject to compliance by the assignee of certain specified conditions.

(6) An assignment or purported assignment of a licence shall be void-

(7) The Minister shall in exercising his powers under subsections (2) and (4) of this section, act in accordance with such criteria as shall be prescribed for each such purpose.

(2) Before revoking any licence under subsection (1), the Commission shall by notice published in the Gazette and by such other means as it considers appropriate for bringing it to the attention of persons likely to be affected by the revocation, state that it proposes to revoke the licence specified in the notice, and the reasons for proposing to do so and specify a period within which representations may be made to it against such revocation.

(2) The provisions of subsection (1) and (2) of section 12 shall, mutatis mutandis, apply to and in relation to an application made under subsection (1).

(3) The Commission shall consider any representation made to it in response to a notice published by it in pursuance of subsection (2), before granting an exemption under section 10.

in accordance with any provision of the Order by which the exemption was granted or if it appears to the Commission inappropriate that the exemption should continue.

(2) Before revoking or withdrawing an exemption under subsection (1), the Commission shall by notice published in such manner as the Commission considers appropriate to bring it to the attention of the persons affected, state that it proposes to revoke or withdraw the exemption specified in the notice, the reasons for doing so and specify a period within which representations may be made to the Commission against such proposed revocation or withdrawal.

(2) Sections 6, 25, 26, 27, 28, 29, 40, 41, 42, 54 and 56 and Schedules I, II and III to this Act shall mutatis mutandis, apply to bulk sales of electricity by a transmission licensee, as they apply to the supply of electricity by a distribution licensee.

subject to the provisions of this Part, any regulations made under this Part or under section 54, and the Electricity Supply Code (as set out in Schedule II to this Act).

(2) A distribution licensee shall avoid any undue preference or undue discrimination in the connection of any premises to any electricity distribution system operated by the licensee or in the terms on which the licensee makes connections or supplies electricity.

(3) The owner or occupier of any premises within the Authorized Area of a distribution licensee, which -

may make a request for a supply under subsection (1) to such distribution licensee .

(4) A supply of electricity to any premises shall be on the basis of a standard tariff agreement and a distribution licensee shall inform all consumers within the Authorized Area of the distribution licence (whether existing consumers or those persons requesting a supply) of the requirements set out in this Part and the distribution licence, which have to be satisfied by a consumer in order to obtain a supply of electricity.

(5) Where any person requires such a supply of electricity as is referred to in subsection (1), he or she shall request for a supply from and shall inform the distribution licensee of -

and shall provide the distribution licensee with such other information as may be prescribed from time to time, by regulation.

(6) As soon as practicable after receiving a request under subsection (5), the distribution licensee shall give to the person making the request a notice under subsection (7), if-

(7) A notice under this subsection shall-

so however , that the counter-proposals, terms and conditions proposed by the distribution licensee shall be those which the licensee is entitled to impose on that person in accordance with this Act, any regulations made under this Act and the conditions of the distribution licence.

(8) In this section-

(2) The Commission may direct a person requiring a supply of electricity under section 25 from a distribution licensee, to pay to the licensee in respect of any expenses reasonably incurred in providing any electric line or electrical plant used for the purpose of giving that supply, such amount as may be reasonable in all the circumstances, taking into account-

(3) Directions given by the Commission under subsection (2) may require the distribution licensee who has recovered an amount in respect of expenses reasonably incurred in providing any electric line or electrical plant, to apply any amount so recovered or part thereof, in making such payments as may be appropriate towards reimbursing any person who had previously contributed to such expenses.

(4) Any reference in this section to “any expenses reasonably incurred in providing an electric line or electrical plant” includes a reference to the capitalized value of any expenses likely to be so incurred in maintaining the line or plant, in so far as such expenses are not recoverable by the distribution licensee as part of the charges made by the licensee for the supply of electricity.

and if that person fails to provide such security, the distribution licensee may refuse to give the supply, or refuse to provide the line or plant, for so long as the failure continues.

(2) Where any person has not provided such security as is required under subsection (1), or the security provided by such person has become insufficient-

(3) Where any sum of money is provided to a distribution licensee by way of security in pursuance of this section, the licensee shall pay interest on such sum of money at such rate as may from time to time be fixed by the licensee with the approval of the Commission, for the period in which it remains in the hands of the licensee.

(b) any restrictions which may be required to be imposed for the purpose of enabling the licensee to comply with any regulations made under this Part or under section 54 or the electricity supply code (as set out in Schedule II to this Act); and

(c) any terms restricting liability of the licensee for any economic, consequential or other indirect loss sustained by such person, however arising , which it is reasonable in all the circumstances for that person to be required to accept.

(2) Transmission and bulk sale tariffs and distribution and supply tariffs, as the case may be, shall, in accordance with conditions specified in the relevant licence -

(3) Where a transmission licence or a distribution licence, as the case may be, contains provision for transmission and bulk sale tariffs or distribution and supply tariffs, as the case may be, to be subject to review, the Commission shall (unless a procedure for the review of such tariffs is specified in the relevant licence) prescribe a procedure for review, which shall include-

(4) Notwithstanding any other provision of this Act, the Commission may-

set tariffs and charges to be levied by the licensee, which reflect such subsidies.

(5) In this section, “relevant licensee” means a transmission licensee in respect of transmission and bulk sale tariffs and a distribution licensee in respect of distribution and supply tariffs.

(b) Schedule II to this Act (the Electricity Supply Code);

(c) Schedule III to this Act (Use of Electricity Meters); and

(d) Schedule IV to this Act (Preservation),

(2) Before making modifications under this section, the Commission shall-

(3) The notice under subsection (2) shall-

(4) The Commission shall consider any representations and objections made to it in response to a notice published under subsection (3), before making any modifications proposed in the notice.

(5) As soon as practicable after making any modifications under this section, the Commission shall send a copy of the modifications to the licensee, and to the Minister for his or her information.

(2) Before making any modifications under this section, the Commission shall investigate the following questions:-

and thereafter provide a written report of the investigation to the Minister, who shall consider the report and any information given to him or her by the Commission, in order to advise the Commission whether or not to give effect to the proposed modifications.

(3) In its report to the Minister, the Commission shall set out the following:-

(4) The Commission may at any time by notice to the Minister, revise the report provided under this section by adding to, or excluding matters from, such report.

(5) To assist the Minister in the consideration of the report, Commission shall give to the Minister-

(6) As soon as practicable after preparing a report under this section, the Commission shall -

(7) A licensee may within twenty days of service of a copy of the report on the licensee, make any representations to the Minister which the Minister shall take into consideration in making his or her decision.

(8) Within thirty five days of receiving the report under subsection (2), the Minister shall advise the Commission in writing, either to give effect to the proposed modifications, or as the case may require, not to give effect to the proposed modifications. Where the Minister advises the Commission to give effect to the proposed modifications, the Commission shall make such modifications to the conditions of the relevant licence as appear to the Commission to be necessary, for the purpose of remedying or preventing the effects adverse to the public interest which have been identified in the report.

(9) The Minister shall when advising the Commission under subsection (8), state his or her reasons for his or her advice and shall have regard to the objectives set out in section 4.

(10) The Commission shall send a copy of the Minister’s advice to the licensee to whom it relates and publish the advice in such manner, as it considers appropriate for bringing the advice to the attention of persons likely to be affected by it. As soon as practicable after making modifications under this section, the Commission shall send a copy of the modifications to the licensee and to the Minister.

(11)

(2) An enforcement order-

(2) A notice referred to in subsection (1) shall set out -

(3) Before making an enforcement order under section 34, the Commission shall consider any representations and objections made to it under subsection (2).

(4) The Commission shall not make an enforcement order if it is satisfied that-

(5) As soon as practicable after making an enforcement order, the Commission shall-

(6) Before revoking an enforcement order, the Commission shall-

(7) Every notice published under subsection (6 ) shall -

(8) If after considering any representations and objections made in response to a notice published under subsection (6), the Commission decides not to revoke the enforcement order to which the notice relates, it shall give notice of its decision to the persons affected.

(2) A duty is also owed by the licensee to any person who may be affected by a contravention of the enforcement order and any such person who sustains any loss or damage as a result of such contravention, may institute an action against the licensee in a court of competent jurisdiction, for damages for such loss or damage.

(3) In proceedings brought against a licensee under subsection (2), it shall be a defence for the licensee to prove that the licensee took all reasonable steps and exercised all due diligence, to avoid contravening the enforcement order.

(2) The Commission shall in making an enforcement order under this Part of this Act, be entitled to direct that compensation be paid by the licensee to whom the enforcement order relates, to any person affected by the contravention specified in such order.

(3) The levies by way of fine and compensation which may be imposed under this section, shall be in addition to and not in derogation of any other liability which the person guilty of non compliance may have incurred.

(4) The Commission may apply to a court for an injunction or other remedy to secure compliance with an enforcement order by a licensee, notwithstanding the fact that it has instituted a prosecution against such licensee for failure to comply with such enforcement order.

is not carrying on the activities that such licensee is authorized to carry on under the licence properly, and that the supply of electricity to consumers is not being or is likely to be given in an efficient, secure and a safe manner, the Commission may with the concurrence of the Minister, by Order published in the Gazette, vest the management and control of the whole or a part of the undertaking of the licensee in any other authority or person specified in the Order and such authority or person shall have all the powers necessary, for carrying on such undertaking:

Provided however where the licensee is subject to an enforcement order and is a person established by law and the provisions of that law does not pemit compliance with the said enforcement order, the Commission shall instead of exercising its powers under this subsection, make such recommendations as to it may deem appropriate to the Minister to whom the activities of such person is assigned, in order to secure compliance with such enforcement order.

(2) Any person or authority in whom the management and control of an undertaking is vested under subsection (1), shall not be held liable for conduct amounting to a fraudulent preference under the Company Act, No. 7 of 2007, on the ground that it is continuing to carry on the management and control of the licensee’s undertaking.

(3) No Order shall be made under this section without giving the relevant licensee written notice of the proposed Order and affording the licensee a reasonable opportunity of being heard.

(4) During such period as an Order under this section is in force-

(5) In this section, “insolvency event” means-

which the parties have not been able to resolve through any dispute resolution procedure prescribed by the Commission, despite the licensee using its best efforts to do so.

(2) On a reference under paragraph (a) of subsection (1), the Commission shall mediate and resolve the dispute and on a reference under paragraph (b) of subsection (1), the Commission shall mediate and resolve the dispute, unless it decides that it is more appropriate for the dispute to be determined either by the courts or through arbitration.

(3) The practice and procedure to be followed in the resolution of any such dispute shall be such as the Commission shall set out by rules made under the Public Utilities Commission of Sri Lanka Act, No. 35 of 2002 and this Act.

(4) Where any dispute arising under section 27 is to be resolved by the Commission under this section, the Commission may give directions as to the security (if any) to be given pending the determination of the dispute.

(5) A resolution by the Commission under this section -

(6) In including a provision as to costs and expenses in a resolution under this section, the Commission shall have regard to the conduct and means of the parties and any other relevant circumstances.

(2) Different standards may be prescribed in respect of different distribution licensees, having regard to any special circumstances or conditions in or subject to which those distribution licensees are required to supply electricity or provide electricity supply services to tariff customers.

(3) Regulations referred to in this section shall as far as practicable, be made after consultation with distribution licensees and bodies representative of persons likely to be affected by the proposed regulations.

(4) Where any person suffers any loss or damage of a prescribed description by reason of the failure of a distribution licensee to meet any standard prescribed by regulations made under this section, the distribution licensee shall pay to such person compensation of such amount or calculated in such manner, as is specified in such regulations.

(5) The payment of compensation to any person as provided for in subsection (4), in respect of a failure by a distribution licensee to meet a standard prescribed by regulations made under this section, shall be without prejudice to any other remedy which is available to such person in respect of the act or omission constituting such failure.

(6) Any dispute arising from the enforcement of regulations made under this section may be referred to the Commission by a distribution licensee or a tariff customer or any other affected party, and the Commission may determine such dispute in accordance with the provisions of section 39.

(2) Different standards may be determined under this section in respect of different distribution licensees, having regard to any special circumstance or conditions in or subject to which, those distribution licensees are required to supply electricity.

(2) On or before such date in each year as may be specified in a direction given by the Commission, each distribution licensee shall furnish to the Commission such information as it may require relating to the standards, including–

(3) A distribution licencee who without reasonable excuse,fails to do anything required of the licensee by subsection (2) shall be guilty of an offence and be liable on conviction after summary trial before a Magistrate, to a fine not exceeding one million rupees and to an additional fine of fifty thousand rupees for each day during which such offence is continued to be committed after such conviction, which shall be paid into the Fund of the Commission.

(4) Subject to the provisions of section 59, the Commission shall at least once in every year arrange for the publication in such form and in such manner as it considers appropriate, of such information collected by or furnished to it under this section, as may appear to it expedient to give to customers or potential customers of distribution licensees.

(2) Subject to the approval of the Commission, a transmission licensee shall, in accordance with the conditions of the transmission licence and such guidelines relating to procurement as may be prescribed by regulation and by notice published in the Gazette, call for tenders to provide new generation plant or to extend existing generation plant, as specified in the notice.

(3) A transmission licencee shall with the consent of the Commission, select a person to provide at least cost, the new generation plant or to extend the existing generation plant specified in the notice published under subsection (2), from amongst the persons who have submitted technically acceptable tenders in response to such notice.

an electric line above or below the ground, except in accordance with a consent granted by the Commission.

(2) The provisions of subsection (1) shall not apply-

(3) A consent granted under this section-

(2) In determining the annual levy for any year, the Commission shall have regard to the following :-

(3) the levy imposed under sub section (1) on a licensee for any year shall be paid by the licensee to the Commission before the thirtieth day of June of that year. High voltage lines.

(4) Where the licencee fails to pay the levy imposed under subsection (1) for any year before the thirtieth day of June of that year, the levy shall be deemed to be in default and the Chairman shall certify the amount of the levy due from the licencee.

(5) Upon the production of a certificate issued by the Chairman under subsection (4), before the District Court within whose jurisdiction the business of the licencee referred to in the certificate is being carried on, the Court shall issue a writ of execution to issue to the Fiscal authorizing the Fiscal to seize and sell all or any of the property movable or immovable of such licencee, necessary for the recovery of the amount specified in the certificate and the provisions of section 226 to section 297 of the Civil Procedure Code shall, mutatis mutandis, apply to the execution of such seizure and sale.

(6) Where the Chairman issues a certificate under subsection (4), he or she shall notify in writing to the licencee specified in the certificate, that the amount specified in the certificate is payable by the licencee, but the non receipt of such notice shall not invalidate any proceedings instituted under this section.

(7) Nothing in this section shall affect or be deemed to affect the right of the Commission to recover in any other manner, the amount of any levy in default.

(2) Upon conviction of any person for an offence under this Act, a Magistrate may, in addition to or in lieu of imposing any punishment prescribed for the offence, make an order directing that any installation or other apparatus involved in the commission of the offence, shall be dismantled and removed before a date specified in the order.

(3) An officer authorized in writing by the Commission may institute proceedings in a Magistrate’s court for an offence under this Act, notwithstanding anything to the contrary in any other law.

(4) No prosecution for an offence under this Act shall be instituted except with the written sanction of the Commission.

shall be guilty of an offence under this Act and shall be liable on conviction after summary trial before a Magistrate, in addition to a penalty of not less than ten thousand rupees and not exceeding fifty thousand rupees, to a fine in a sum of money being the value of the loss or damage caused to the licencee as a result of the act or default constituting such offence, and any sum recovered as such additional fine shall be paid to the licencee on application made to Court by such licencee.

(2) Any person who aids or abets in the commission of any offence punishable under this section, shall be guilty of an offence under this Act and shall be liable to the same punishment as is provided for the principal offence. Where two or more persons are convicted of having committed the same offence, whether as principal or abettor, the value of such loss or damage may be apportioned among such persons and the amount so apportioned, shall be imposed on each of such persons as a fine.

(3) A certificate issued by the licensee shall be received as proof of the value of such loss or damage in the absence of evidence to the contrary. In the absence of any agreement, a licensee may charge for the electricity supplied to any consumer in accordance with any method of charging provided for in the licence.

shall be guilty of an offence under this Act and shall be liable on conviction after summary trial before a Magistrate in addition to a penalty of not less than ten thousand rupees and not exceeding fifty thousand rupees, to a fine in a sum of money being the value of the loss or damage caused to the lincensee as a result of the act or default constituting such offence, and any sum recovered as such additional fine shall be paid to the licensee on application made to Court by such licensee.

(2) Any person who aids or abets the commission of any offence punishable under this section shall be guilty of an offence under this Act and shall be liable to the same punishment as is provided for the principal offence. Where two or more persons are convicted of having committed the same offence, whether as principal or abettor, the value of such loss or damage may be apportioned among such persons and the amount so apportioned, shall be imposed on each of such persons as a fine.

(3) A certificate issued by the licensee shall be received as proof of the value of such loss or damage in the absence of evidence to the contrary. In the absence of any agreement, a licensee may charge for energy supplied to any consumer in accordance with any method of charging provided for in the licence.

(4) In the case of such offence being continued after conviction, there shall be imposed a further fine not exceeding five hundred rupees for each day on which such offence is being continued to be committed after conviction.

(5) Notwithstanding anything to the contrary in the Code of Criminal Procedure Act, No.15 of 1979 , an offence under section 49 or this section shall be a cognizable offence and a non-bailable offence, within the meaning and for the purposes of that Act.

(b) if that body of persons is a firm, every partner of that firm,

(2) The provisions of section 3 to section 8 (both inclusive) of the Urban Development Projects (Special Provisions) Act, No. 2 of 1980, shall mutatis mutandis apply to and in relation to an acquisition of property under subsection (1).

(3) Any sum payable for the acquisition of any immovable property under subsection (1) , shall be paid by the person or persons to whom the property is transferred.

(2) All rules made by the Commission shall be published in the Gazette, and shall come into force on the date of such publication or on such later date as may be specified therein.

(2) Every regulation made under this section shall be published in the Gazette, and shall come into force on the date of such publication or on such later date as may be specified therein.

(3) Every regulation made under this section shall as soon as convenient after its publication in the Gazette, be brought before Parliament for approval. Any such regulation which is not so approved within thirty days of it being brought before Parliament, shall be deemed to be rescinded as from the date of its disapproval, but without prejudice to anything previously done thereunder.

(4) Notification of the date on which any regulation made by the Minister is so deemed to be rescinded, shall be published in the Gazette.

(2) Every Order made under this section shall, as soon as practicable after it is made, be laid before Parliament.

(2) Without prejudice to the generality of subsection (1), regulations may be made to:-

(2) The Commission shall cause to be entered in such register-

(3) The contents of the register shall be made available for inspection by the public during such hours and subject to the payment of such fees, as may be prescribed by regulation.

(2) It shall be the duty of every person who is required to furnish any returns or information by a notice under subsection (1), to comply with the requirements of the notice within the period specified in the notice, except where he or she is prohibited from furnishing such returns or information by the provisions of any law.

(3) Every person who acts in contravention of the provisions of subsection (2) shall be guilty of an offence and be liable on conviction after summary trial before a Magistrate to a fine not exceeding one million rupees and to an additional fine of fifty thousand rupees for each day during which such offence is continued to be committed after such conviction.

(4) No information furnished in compliance with the requirements of a notice sent under this section shall be published or disclosed by the Commission to any other person, except with the consent of the person furnishing such information.

(5) The disclosure by the Commission of any information referred to in subsection (4) without the consent of the person furnishing such information-

shall be deemed not to be a contravention of the provisions of subsection (3).

(2) The Commission shall, wherever the need to do so arises and in the absence of specific provisions in the Public Utilities Commission of Sri Lanka Act, No. 35 of 2002 relating to the protection of the rights of consumers, exercise, perform and discharge such of the powers, duties and functions conferred on the Consumer Affairs Authority established by the Consumer Affairs Authority Act, No. 9 of 2003 as are relevant thereto, and the provisions of that Act shall, mutatis mutandis, apply to and in regard to the exercise, performance and discharge of such powers, duties and functions by the Commission.

“Authorized Area” in relation to a person authorized by a licence to transmit or to distribute and supply or distribute or supply electricity, means the area designated in the licence;

“bulk sales” in relation to the sale of electricity means the sale of electricity in bulk by the transmission licensee via its transmission system, to-

“Central Environmental Authority” means the Central Environmental Authority established by the National Environmental Act, No. 47 of 1980 ;

“connect ” in relation to any premises means connect to a distribution line of the distribution licensee and the expression “connection” shall be construed accordingly;

“consumer” means a consumer of electricity in Sri Lanka and includes a prospective consumer;

“contravention” in relation to any decision, direction, determination, licence condition, requirement, regulation, rule or order includes any failure to comply with it;

“disadvantaged group of consumers” means consumers belonging to any group of consumers whose individual house hold income is less than such amount as may be prescribed by regulation;

“distribute” in relation to electricity means distribute by means of a system which consists(wholly or mainly) of low voltage lines and electrical plant and is used for conveying electricity to any premises or to any other distribution system and the expressions

“distribution” and ‘distribution system’ shall be construed accordingly;

“ distribution licensee” means a person who has been granted a distribution licence;

“distribution line” in relation to a distribution licensee, means any distribution line in the Authorized Area of the distribution licensee, which is being used for the purpose of giving a supply of electricity to any premises;

“dwelling” means a building or part of a building occupied or (if not occupied ) last occupied or intended to be occupied, as a private dwelling;

“electric line” means any line whether underground or over ground which is used for carrying electricity for any purpose and includes, unless the context otherwise requires-

“electrical plant” means any plant, equipment, apparatus or appliance used for or for purposes connected with, the generation, transmission, distribution or supply of electricity, other than-

“electricity supply code” means the provisions of Schedule II to this Act ;

“electricity undertaking” means any person engaged in the generation, transmission, distribution or supply of electricity, including any person who is exempted from obtaing a licence under this Act;

“enforcement order” means an enforcement order made by the Commission under section 34 ;

“exemption” means an exemption granted under section 10;

“financial year” means the calendar year ;

“Fund” means the Fund of the Commission established under section 31 of the Public Utilities Commission of Sri Lanka Act, No.35 of 2002;

“generation licensee” means a person who has been granted a generation licence;

“generator” means a generation licensee or a person exempt from the requirement of obtaining a generation licence;

“high voltage lines” means an electric line of a nominal voltage of not more than 33 kilovolts or such other voltage as the Commission may direct in accordance with section 45 and the expression “low voltage line” shall be construed accordingly;

“licence” means a licence granted under section 11 and “licensee” or “licensees” shall be construed accordingly;

“life line tariff” means a concessionary electricity tariff made available to the section of the population who are unable financially to afford to pay for the basic electricity needs, at a rate representing the true cost of supply;

“line” means any wire, cable, pipe, conductor or other similar thing (including its casing or coating) which is designed or adapted for transporting electricity;

“local authority” means a Municipal Council, Urban Council or a Pradeshiya Sabha, and includes any authority created and established by or under any law to exercise, perform and discharge, powers, duties and functions corresponding to, or similar to the powers, duties and functions exercised, performed, and discharged by any such Council or Sabha;

“modifications” includes additions, alterations and omissions;

“necessary wayleave” means consent for the licensee to install and keep installed the electric line on, under or over the land and to have access to the land for the purpose of inspecting, maintaining, adjusting, repairing, altering, replacing or removing the electric line;

“notice” means notice in writing;

“premises” includes any land, building or structure;

“prescribed” means prescribed by rules or regulations made under this Act;

“Provincial Council” means a Provincial Council established under Chapter XVII A of the Constitution;

“register” means the register maintained under section 58;

“regulations” means regulations made by the Minister under this Act;

“relevant condition” in relation to a licensee, means any condition of its licence or any duty imposed on it by or under this Act;

“relevant licencee” has the meaning as given in subsection (5) of section 30;

“relevant undertaker” has the meaning as given in paragraph 2 of Schedule I to this Act;

“rules” means rules made by the Commission under this Act;

“sell electricity in bulk” has the same meaning as “bulk sales”;

“supply” in relation to electricity, means supply of electricity to any premises (other than premises occupied by a licensee for the purpose of carrying on the activities which it is authorized by its licence to carry on) but shall exclude bulk sales of electricity;

“tariff customer” means a person who requires a supply of electricity from a distribution licensee in pursuance of section 25 and is supplied by the distribution licensee;

“transmission licensee” means a person who has been granted a transmission licence under this Act ; and

“transmit”, in relation to electricity, means the transportation of electricity by means of a system, which consists (wholly or mainly) of high voltage lines and electrical plant and is used for conveying electricity from a generating station to a sub-station, from one generating station to another or from one sub-station to another, and the expressions “transmission” and “transmission system” shall be construed accordingly.

(2) The Electricity Act (Chapter 205) is hereby repealed.

(3) Notwithstanding the repeal of the Electricity Act (Chapter 205)-

(2) Not less than three months prior to the expiry of the period of six months referred to in subsection (1), the Ceylon Electricity Board to which such provisional licences were issued shall be required to make an application to the Commission under this Act for the issue of a licence under section 7 of this Act to generate, transmit and for bulk procurement of electricity or distribution and supply of electricity, as the case may be. The Board shall along with its applicaton also submit a plan specifying the geographical areas on which it is operating its activities as on the date of the making of the aplication and an expansion plan indicating the geographical areas in which it proposes, during a period of fifteen years from such date, to expand its activities relating to the generation, transmission and for bulk procurement of electricity and distribution and supply of electricity prepared in accordance with the guidelines approved by the Cabinet of Ministers under section 5 of this Act.

(3) On receipt of the application and the required plans under subsection (2), the Commission shall, prior to the expiry of the six months period referred to in subsection (1) and notwithstanding anything to the contrary in any other provisions of this Act, issue the required licences to the Ceylon Electricity Board for a period of fifteen years. Every licence so issued shall be subject to the terms and conditions attached to such licence, and may be extended from time to time, for further periods of fifteen years each, on application being made for that purpose prior to the expiry of the period of validity of the licence issued, along with the required plans prepared in accordance with policy guidelines approved by the Cabinet of Ministers under section 5.

(c) by the repeal of sections 14, 15 and 16 of that Act;

(d) by the repeal of Part II and Part V of that Act; and

(e) in section 66 of the Act-

(2) Notwithstanding the repeal of Part V of the Act, all tariffs fixed by the Ceylon Electricity Board under section 52 of that Act for the supply of electrical energy by such Board and in force on the day preceding the date on which this Act comes into operation, shall continue to be in force, untill such tariffs are varied or replaced by or under any written law.

and from time to time inspect, maintain, adjust, repair, alter, replace or remove any such plant or lines; and

but nothing in this subparagraph shall empower a licensee to lay down or place any electric line or electrical plant into, through or against any building, or in any land not dedicated to the public use.

(2) The power conferred on a licensee under paragraph (1) to place on or over a street any structure for housing any line or plant shall be exercisable only with the consent of the local authority or other relevant authority;

(3) Except in cases of emergency arising from faults in any electric lines or electrical plant, a street which does not come within the authority of local authority or other relevant authority shall not be opened or broken up in the exercise of the powers conferred by paragraph (1) except with the consent of the Commission.

(4) Notwithstanding anything in paragraph (7), licensee may with the consent of the Commission construct lines, which are temporary, and not in compliance with the prescribed standards.

(5) The Commission shall not consider an application for its consent under paragraph (3) unless the licensee has served notice of the application on any person whose consent would otherwise be required.

(6) A licensee shall do as little damage as possible in the exercise of the powers conferred by paragraph (1) and shall make compensation for any damage done in the exercise of those powers.

(7) A licensee shall exercise the powers conferred by paragraph (1) in such manner as will secure that nothing which it installs or keeps installed under, over, in, on, along or across any street becomes a source of danger to the public and shall-

(8) A licensee who fails to comply with the provisions of paragraph (7) shall be guilty of an offence under this Act and shall be liable on conviction after summary trial by a Magistrate, to a fine not less than five thousand rupees and not exceeding twenty five thousand rupees.

(2) Where a licensee is proposing to execute works in the exercise of the powers conferred by item 1 which involve or are likely to involve any such alteration as is referred to in subparagraphs (1)(a), (b), (c),(d) or (e) the succeeding provisions of this paragraph shall apply and a reference in those provisions to “relevant undertaker” shall be deemed to be a reference to an undertaker referred to in subparagraphs (1) (a), (b), (c), (d) or (e)

(3) A member of the public may request the relevant licensee to carry out alterations in respect of any electric line or electrical plant notwithstanding that such works may fall within sub paragraph (1)(a)

(4) Subject to the provisions of paragraph (5), a licensee shall, not less than one month prior to the commencement of the works, give the relevant undertaker a notice specifying the nature of the works proposed to be executed by the licensee, the alteration or likely alteration involved, and the time and place at which the execution of the works will be commenced.

(5) The provisions of paragraph (4) shall not apply in relation to any emergency works of which the licensee gives the relevant undertaker notice as soon as practicable after commencing the execution of the works.

(6) Where a notice has been given under paragraph (4) by the licensee to the relevant undertaker, the undertaker may, within the period of seven days of the date of the notice, give the licensee a counter notice which may state either-

(7) Where a counter notice given under paragraph (6) states that the relevant undertaker intends himself or herself to make any alteration:

(8) Where a counter notice given under paragraph (6) states that any alteration is to be made under the supervision, and to the satisfaction of, the relevant undertaker-

(9) Where-

the licensee may execute works for the purpose of making the alteration or, as the case may be, may execute such works without the supervision of the undertaker; but in either case the licensee shall execute the works to the satisfaction of the undertaker.

(10) Licensee or any of his or her agents who-

shall be guilty of an offence under this Act and shall be liable on conviction after summary trial by a Magistrate, to a fine not less than five thousand rupees and not exceeding twenty five thousand rupees.

(2) This item also applies where-

(3) Where paragraphs (1) or (2) applies and the Commission is satisfied that -

the Commission, shall, within six weeks of an application made by the licensee, recommend to the Minister, the acquisition of the wayleave. Where the Minister approves the proposed acquisition, by Order published in the Gazette, the wayleave shall be deemed to be required for a public purpose and maybe acquired under the Land Acquisition Act, and transferred to the licensee.

(4) The Commission shall not recommend the acquisition of a wayleave under paragraph (3) in any case where-

(5) Before making a recommendation under paragraph (3), the Commission shall give-

an opportunity of being heard by a person appointed by the Commission.

(6) Where a wayleave is acquired under the Land Acquisition Act, and transferred to a licensee, the wayleave -

may recover from the licensee reasonable compensation in respect of the grant as may be determined by the commission.

(2) Where in the exercise of any right conferred by such a wayleave any damage is caused to land or to movables, any person interested in the land or the movables may recover from the licensee reasonable compensation in respect of that damage; and where in consequence of the exercise of such a right a person is disturbed in his or her enjoyment of any land or movables he or she may recover from the licensee compensation in respect of that disturbance of such amount as may be determined by the Commission.

(3) The Commission may on its own motion or on the application of a person affected, conduct such inquiries as may be necessary to determine whether a licensee is liable to pay any person any compensation under paragraph (1) and (2).

(4) The Commission shall communicate any decision under paragraph (3) to the licensee and to any person who has applied for, or was awarded, compensation.

(5) A person who is aggrieved by the decision of the Commission that no compensation is payable under paragraph (1) or (2) who is dissatisfied with the amount of compensation determined to be payable by the Commission, may institute, in a court of competent jurisdiction, an action against the licensee from whom the compensation is claimed for the recovery of the compensation claimed by that person or the difference between the amount of the compensation claimed by that person and the amount of the compensation determined to be payable to that person by the Commission.

(6) An action by any person under paragraph (5) shall be instituted within two months of the date on which-

(7) A licensee who is liable to pay to the owner of that land an amount of compensation under paragraph (1) or (2) shall pay that amount to that person within such period as may be determined by the Commission. Where that owner is unknown or where the ownership of that land is subject to dispute, the licensee shall-

(2) The owner or occupier of the land may in a case falling within paragraph (1)-

give to the licensee a notice requiring the licensee to remove the electric line from the land; but the licensee shall not be obliged to comply with such a notice except in the circumstances and to the extent provided by the following provisions of this paragraph.

(3) Where within the period of three months beginning from the date of the notice under paragraph (2) the licensee-

the licensee shall comply with the notice at the end of that period, or in the case of subparagraph (b), at the end of the period of one month beginning from the date of the Commission’s decision or such longer period as the Commission may specify.

(4) In this schedule “wayleave” in relation to a land means such interest in the land as consists of a right of a licensee, to install and keep installed, an electric line on, under, or over, that land and to have access to that land for the purpose of inspecting, maintaining, adjusting, repairing, altering, removing or replacing such electric line.

and in this item the “land” means the land on which the tree is growing.

(2) The licensee may give notice to the occupier of the land requiring him or her to fell or lop the tree or cut back its roots so as to prevent it from having the effect mentioned in subparagraph (1)(a) or (b), subject to the payment to him or her by the licensee of the expenses reasonably incurred by him or her in complying with the requirements of the notice.

(3) Where the occupier is not also the owner of the land, a copy of any notice under paragraph (2) shall also be served on the owner.

(4) If within twenty one days from the giving of a notice under paragraph (2)-

the licensee may cause the tree to be felled or lopped or its roots to be cut back so as to prevent it from having the effect mentioned in subparagraph (1)(a) or (b).

(5) If, within twenty one days from the giving of a notice under paragraph (2), the owner or occupier of the land gives a counter notice to the licensee objecting to the requirements of the notice, the matter shall, be referred to the Commission.

(6) On a reference to it under paragraph (5), the Commission may after giving the parties an opportunity of being heard by a person appointed by it, may make such order as it thinks just, in the circumstances and any such order-

(7) Where the licensee acts in pursuance of paragraph (4) or an order made under paragraph (6), the licensee shall-

(8) In this item, “tree” includes any shrub, and references to “felling” and “lopping” shall be construed accordingly.

the Commission may recommend to the Minister that the immovable property be acquired under the Land Acquisition Act and transferred to the licensee.

(2) Where the Minister, by Order published in the Gazette, approves the proposed acquisition of the immovable property specified in the recommendation of the Commission made under paragraph (1), such immovable property shall be deemed to be required for a public purpose and may accordingly be acquired under the Land Acquisition Act and transferred to the licensee.

(3) Any sum payable for the acquisition of any immovable property under the Land Acquisition Act, for a licensee shall be payable by that licensee.

(4) The Commission shall not recommend the acquisition of any immovable property under paragraph (1) if such immovable property is being used by another licensee, to whom it belongs for the purpose of an installation necessary for carrying on of the activities which the licensee is authorized by its licence to carry on or is proposed to be used, within a period of five years, by such other licensee for the purposes of such an installation.

(2) If a tariff customer quits any premises at which electricity has been supplied to him or her by a distribution licensee, without giving at least two working days’ prior notice to the licensee, he or she shall be liable to pay the licensee, in respect of the supply of electricity to the premises, all accrued charges due up to the earlier of-

(3) The provisions of paragraph (2) or a statement setting out those provisions shall be endorsed upon every demand note for electricity charges payable to a distribution licensee by a tariff customer.

(4) If a tariff customer quits any premises at which electricity has been supplied to him or her by a distribution licensee, without paying all charges due from him or her in respect of that supply, or the provision of any electricity meter, electric line or electrical plant for the purposes of the supply, the licensee-

(5) If a tariff customer-

the distribution licensee may, at the end of the requisite period cut off the supply to the premises, or to any other premises occupied by the customer, by such means as the licensee thinks fit and recover any expenses incurred in so doing from the customer.

(6) In paragraph (5) the “requisite period” means-

(7) A distribution licensee shall not exercise the powers conferred on the licensee by paragraph (5), if there is a genuine dispute regarding the amount of the charges due.

(8) In this item a reference to the provision of any electric line or item of electrical plant shall include a reference to the provision of such a line or item by the installation of a new one or by the modification of an existing one.

(2) being fulfilled. (2) The requirements of this paragraph are that the customer in default-

(3) The obligation imposed by paragraph (1) on a distribution licensee shall be a duty owed by the licensee to any person who may be affected by a failure to comply with the obligation.

(4) Where a duty is owed by a licensee to any person by virtue of paragraph (3), any breach of that duty which causes any loss or damage to that person shall be actionable at the suit or instance of that person.

(5) In any proceedings brought against a distribution licensee in pursuance of paragraph (4), it shall be a defence for the distribution licensee to prove that the licensee took all reasonable steps and exercised all due diligence to avoid failing to comply with the obligation imposed on the licensee by paragraph (1).

(6) Without prejudice to any right which any person may have by virtue of paragraph (4) to bring civil proceedings against a distribution licensee in respect of any failure to comply with the obligation imposed on the licensee by paragraph (1), compliance with that obligation may be enforced by the Commission against in the licensee by the institution of appropriate proceedings in a court of civil jurisdiction.

(2) If any person acts in contravention of paragraph (1), he or she shall be guilty of an offence under this Act and shall be liable on conviction after summary trial by a Magistrate to a fine not exceeding twenty five thousand rupees and the distribution licencee may cut off the supply

he or she shall be guilty of an offence under this Act and shall be liable on conviction after summary trial by a Magistrate to a fine not less than five thousand rupees and not exceeding fifty thousand rupees.

(2) In this item, “domestic electricity supply equipment” includes all line and plant up to, and including, the meter situated in a consumer’s property.

(3) Where an offence has been committed under subparagraph (1)(a), in respect of the electrical line or electrical plant of a distribution licensee, the distribution licensee may discontinue the supply of electricity to the person so offending until the matter has been remedied

(4) Where an offence has been committed under subparagraph (1)(b), in respect of any domestic electricity supply equipment, the distribution licensee-

(5) Where a distribution licensee removes a meter in the exercise of powers under paragraph (4), the licensee shall keep it safely until the Commission authorizes the licensee to destroy it or otherwise dispose of it

(2) The powers conferred by subparagraph (1)(a) and (b) shall not be exercised in respect of a premises if-

any officer authorized by the distribution licensee may, subject to item 8, enter the premises for the purpose of disconnecting the supply or removing the meter or any associated electrical plant used for, or for purposes connected with, the distribution or supply of electricity.

(2) Where-

any officer authorized by the distribution licensee may, subject to item 8, enter the premises for the purpose of disconnecting the supply or removing any electrical plant, electrical line or electricity meter.

(2) In the case of emergency arising from faults in any electric line or electrical plant, entry may be made under paragraph (1) without the notice required to be given by item 8, but the notice shall then be given as early as possible.

(2) Any notice referred to in subparagraph 1(a) shall-

(3) The electrical inspector or the licensee or person authorized by the licensee in writing in that behalf shall be entitled to enter the land, for the purpose of giving a notice referred to in subparagraph 1(a).

(4) Where any person exercises any powers conferred by this item , the licensee by whom he or she was authorized in writing shall make good any damage done to the land as a result of such entry.

(5) Where in the exercise of any power conferred by or under this Act any damage is caused to any land or to any moveable property, any person interested in the land or moveable property may recover compensation in respect of that damage from the licensee on whose behalf the power is exercised; and where in consequence of the exercise of such a power a person is disturbed in his or her enjoyment of any land or moveable property he or she may recover from that licensee reasonable compensation in respect of that disturbance as determined by the Commission

(2) An order granted under paragraph (1) shall specify the action, which may be taken by the licensee, or an officer authorized by the licensee to effect the entry by force and may stipulate the conditions to be observed by the licensee or such officer after such entry.

(3) The licensee or an officer authorized by the licensee shall incur no liability to any person in respect of the entry by force to the premises provided that he or she -

(4) No appeal shall lie from a decision of the Magistrate’s Court-

(5) Any costs incurred by the licensee in obtaining and executing an order under paragraph (1) shall be recoverable as a civil debt from the owner or the occupier of the premises to which the order relates.

(2) Any officer exercising powers of entry conferred by this Schedule may be accompanied by such persons as may be necessary or expedient for the purpose for which the entry is made or for the purposes of paragraph (1).

(3) If any person intentionally resists or obstructs any officer exercising powers of entry conferred by this Schedule, he or she shall be guilty of an offence under this Act and shall be liable on conviction after summary trial by a Magistrate to a fine not exceeding ten thousand rupees.

(b) shall not be subject to distress or be liable to be taken in execution under process of any court or any proceedings in bankruptcy against the person in whose possession they may be.

(2) The meter shall be provided-

(3) The meter shall be installed on the consumer’s premises in a position determined by the distribution licensee, unless in all the circumstances it is more reasonable to place it outside those premises or in some other position for the purpose this Act, the supply of energy by a licensee to a consumer shall be deemed to commence, unless otherwise agreed between them, at the out going terminals of the meter or metering equipment used to measure the supply to the consumer.

(4) The distribution licensee may require the replacement of any meter provided and installed in accordance with paragraphs (2) and (3) where the replacement -

(5) If the consumer refuses or fails to take his or her supply of electricity through an appropriate meter provided and installed in accordance with paragraphs (2) and (3), the supplier may refuse to give, or may discontinue, the supply.

(6) For the purposes of this paragraph, a meter is an appropriate meter for use in connection with any particular supply of electricity if it is of a pattern or construction, which, having regard to the terms on which the supply is to be charged for is suitable for such use.

(7) Pending the determination under section 36 of any dispute arising under this item, the Commission may give directions as to the provision or installation of a meter and directions under this item may apply either in the case of meters of particular descriptions or in particular cases.

(8) In this Schedule “exempt supply” means a supply of electricity to any premises where-

and in this Schedule “approved” means approved by the Commission in accordance with regulation made under this Act.

(2) The provisions of subparagraph (1)(b) shall not apply to a meter used in connection with an exempt supply if the distribution licensee and the consumer have agreed in writing to dispense with the requirements of that paragraph.

(3) Regulations may provide-

and may make different provision for meters of different descriptions or for meters used or intended to be used for different purposes.

the distribution licensee shall be guilty of an offence under this Act and shall be liable on conviction after summary trial before a Magistrate, to a fine not less than five thousand rupees and not exceeding twenty five thousand rupees.

(2) Where any person is guilty of an offence under this item due to the act or default of some other person, that other person shall also be guilty of the offence; and that other person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.

(3) In any proceedings in respect of an offence under this item it shall be a defence for the person charged to prove that he or she took all reasonable steps and exercised all due diligence to avoid committing the offence.

(4) No proceedings shall be instituted in respect of an offence under this item except by or on behalf of the Commission.

(2) No meter shall be certified in accordance with paragraph (1) unless-

and references in this Schedule to “prescribed margins of error” shall be construed accordingly.

(3) Regulations may be made providing different provisions for meters of different descriptions or for meters used, or intended to be used, for different purposes and may include provision-

(2) In the event of-

(3) Where the consumption of electricity has been estimated by a distribution licensee in accordance with paragraph (1) or (2), the consumer shall pay for any electricity consumed in accordance with the estimate prepared by the distribution licensee or otherwise determined in accordance with the provisions relating to dispute resolution.

(2) The register of a meter to which this item applies shall be admissible in any proceedings in court as evidence of the quantity of electricity supplied through it.

(3) Where electricity has been supplied for any period through such a meter which is of an approved pattern or construction and is installed in an approved manner, the register of the meter shall be presumed to have been registering during that period-

(4) Where a meter to which this item applies is presumed to be registering for any period-

the burden shall be on the consumer to prove that the meter was incorrectly registering the quantity of electricity supplied through it during that period.

(2) A distribution licensee shall at all times, at its own expense, keep any meter let for hire or lent by it to any consumer in proper order for correctly registering the quantity of electricity supplied and, in the case of pre-payment meters, for operating properly on receipt of the necessary payment.

(3) A distribution licensee shall have power to remove, inspect and re-install any meter by which the quantity of electricity supplied by the licensee to a consumer is registered, and shall, while any such meter is removed, fix a substitute meter on the premises; and the cost of removing, inspecting and re-installing the meter and of fixing a substitute meter shall be met by the distribution licensee.

(4) The provisions of paragraphs (2) and (3) shall be without prejudice to any remedy the distribution licensee may have against a consumer for failure to take proper care of the meter.

he or she shall be guilty of an offence under this Act and shall be liable on conviction after summary trial by a Magistrate to a fine not less than five thousand rupees and not exceeding twenty five thousand rupees.

(2) Where any person is prosecuted for an offence under paragraph (1), proof -

shall be sufficient evidence that the alteration or prevention was intentionally caused by him or her.

(3) Where a consumer is convicted of an offence under paragraph (1), the distribution licensee may discontinue the supply of electricity to the premises of the consumer and remove the meter in respect of which the offence was committed.

(4) Where a distribution licensee removes a meter under paragraph (3), the licensee shall keep it in safe custody until the Commission authorizes the licensee to destroy or otherwise dispose of it.

(2) Except with the permission of the consumer, a pre-payment meter shall not be used to recover any sum owing to a distribution licensee by a consumer otherwise than in respect of the supply of electricity, the provision of an electric line or electrical plant or the provision of the meter.

(2) For the purpose of this item the “relevant water authority means such authority” as the commission shall prescribe