CEYLON ELECTRICITY BOARD ACT

Arrangement of Sections

1. Short title.

PART I

Constitution, Powers and Duties of the Ceylon Electricity Board

2. Establishment of the Ceylon Electricity Board.

3. Members of the Board.

4. Board may act despite vacancy.

5. General Manager of the Board, his powers and duties and their delegation.

6. Chairman and Vice-chairman of the Board.

7. Seal of the Board.

8. Powers of the Minister in relation to the Board.

9. Officers and servants of Board deemed to be public servants.

10. Board deemed to be a scheduled institution within the meaning of Bribery Act.

11. Duties of the Board.

12. Powers of the Board.

13. Consulting engineers.

14. Power of the Board to supervise and control generating stations installed for joint schemes.

15. Disputes arising from exercise of powers of Board under section 14.

16. Board to undertake exclusively transmission of high voltage electrical energy in bulk.

17. Omitted.

PART II

[repealed]

PART III

Staff of the Board

31. Appointments to the staff of the Board.

31A. Notice required to be given by certain public officers of the Department before the transfer date.

31B. Effect of not giving notice under section 31A(1) or giving such notice under section 31A(l)(a).

31C. Effect of a notice given under any of the paragraphs (b) to (e) of section 31A(1).

32. Special provisions applicable to certain employees of the Board.

32A. Special provisions applicable to certain persons who continue as public officers of the Department on and after the transfer date while performing work for and on behalf of the Board in their capacity as such officers.

33. Employment of personnel upon the electrical undertaking authority to the Board.

34. Appointment of public officers and officers and servants of local authorities other than those referred to in sections 31A and 33 to the staff of the Board.

35. Service to the Board to be regarded as service to the Government for the purposes of contracts to serve the Government.

36. Employment by Board of persons already in receipt of pensions.

37. Interpretation.

PART IV

Finance, Auditing and Annual Report

38. General duty of the Board in financial matters.

39. Transfer of certain moneys to the Board and investment of equity capital by Government in the Board and the payment of certain moneys to the Government by the Board.

40. Grant to the Board from the Consolidated Fund.

41. Borrowing powers of Board.

42. Board may borrow from the International Bank for Reconstruction and Development.

43. Ceylon Electricity stock.

44. Government guarantee.

45. Minister in charge of Finance to inform Parliament about guarantee.

46. Investment of the funds of the Board.

47. Reserves.

48. Application of revenue of the Board.

49. Accounts of the Board and audit of such accounts.

50. Powers of Auditor-General and his assistants.

51. Report of the Board and copies of Auditor-General's report and statement of accounts and statistics to be sent to the Minister and laid before Parliament and copies of such reports and statistics to be made available for purchase by the public.

PART V

[repealed]

PART VI

General

56. Regulations and penalty for their contravention.

57. Acquisition of immovable property under the Land Acquisition Act for the Board.

58. Power of companies to enter into contracts with the Board.

59. Protection for action taken under this Act or on the direction of the Board.

60. No writ to issue against person or property of a member of the Board.

61. Special grant or lease of state property to Board.

62. Arbitration.

63. Penalty for causing failure of electricity supply of the Board.

64. Amendment of other written laws.

65. This Act to prevail over other written laws.

66. Interpretation.

17 of 1969,

31 of 1969,

29 of 1979,

32 of 1988,

20 of 2009.

AN ACT to provide for the establishment of an electricity board for the development and co-ordination of the generation, supply and distribution of electrical energy; for the transfer to such board of the government electrical undertakings, and, in certain circumstances, of the electrical undertakings of local authorities; for the employment by the board of employees of the department of government electrical undertakings; for the entering into joint schemes by such board with any government department or approved body for the generation of electrical energy, the irrigation of lands, the control of floods or other like objects; and to make provision for all matters connected therewith or incidental thereto.

[Date of Commencement: 15th July, 1969]

1. Short title.

This Act may be cited as the Ceylon Electricity Board Act.

PART I

Constitution, Powers and Duties of the Ceylon Electricity Board

2. Establishment of the Ceylon Electricity Board.

(1) There shall be established a Board which shall be called the Ceylon Electricity Board, hereinafter referred to as "the Board”.

(2) The Board shall, by the name assigned to it by subsection (1), be a body corporate and shall have perpetual succession and a common seal and may sue and be sued in such name.

3. Members of the Board.

(1) The Board shall consist of—

(a) four members appointed by the Minister from persons who appear to the Minister to have had experience and shown capacity in engineering, commerce, administration or accountancy;

(b) one member appointed by the Minister, in consultation with the Minister in charge of the subject of Local Government, to represent local authorities;

(c) one member appointed by the Minister, in consultation with the Minister in charge of the subject of Industries, to represent the field of industry; and

(d) one member being an officer of the General Treasury nominated by the Minister in charge of the subject of Finance.

(2) A person shall be disqualified for being appointed or continuing as a member of the Board if he is a Member of Parliament.

(3) Before appointing a person to be a member of the Board, the Minister shall satisfy himself that such person has no such financial or other interest as is likely to affect prejudicially the discharge by such person of his functions as a member of the Board, and the Minister shall satisfy himself, from time to time, with respect to every member of the Board appointed by the Minister, that such member has no such interest. Any person who is appointed by the Minister, or whom the Minister proposes to appoint, as a member of the Board shall, whenever requested by the Minister so to do, furnish to the Minister such information as the Minister considers necessary for the performance of his duties under this subsection.

(4) A member of the Board who is in any way directly or indirectly interested in any contract made or proposed to be made by the Board shall disclose the nature of his interest at a meeting of the Board and such disclosure shall be recorded in the minutes of the Board and the member shall not take part in any deliberation or decision of the Board with respect to that contract.

(5) Subject to the provisions of subsections (6) and (7) every member of the Board, other than the member nominated by the Minister in charge of the subject of Finance, shall—

(a) hold office for a period of five years; and

(b) be eligible for reappointment:

Provided that a member appointed by the Minister to fill a vacancy in the office of a member of the Board, other than any such vacancy as shall have occurred by virtue of the operation of subsection (6), shall, subject to the provisions of subsection (7), hold office for the unexpired portion of the term of office of the member whom he succeeds.

(6) The term of office of three of the six members of the Board first appointed by the Minister shall terminate at the expiry of a period of three years from the date of appointment; and, for the purpose of securing compliance with the preceding provisions of this subsection, the Board shall at its first meeting under this Act determine by lot the three members appointed by the Minister whose term of office shall so terminate.

(7) Where in the interests of the efficient performance of the functions or the discharge of the duties of the Board, it is considered necessary to do so—

(a) any member of the Board, appointed under paragraph (a) of subsection (1), may be removed by the Minister;

(b) any member appointed under paragraph (b) of subsection (1) may be removed by the Minister in consultation with the Minister in charge of the subject of Local Government;

(c) any member appointed under paragraph (c) of subsection (1) may be removed by the Minister in consultation with the Minister in charge of the subject of Industries; and

(d) any member nominated by the Minister in charge of the subject of Finance may be removed by the Minister in charge of the subject of Finance.

(8) The removal of any member of the Board from office under subsection (7) shall not be called in question in any court.

(9) A member of the Board who is not a public officer may resign from the Board by letter addressed to the Minister.

(10) Where a member of the Board becomes, by reason of illness or other infirmity or absence from Sri Lanka, temporarily unable to perform the duties of his office, then, if he is a member appointed by the Minister, the Minister may appoint any fit person to act in his place, and, if he is the member nominated by the Minister in charge of the subject of Finance, that Minister may nominate another officer of the General Treasury to act in his place.

(11) All or any of the members of the Board may be paid such remuneration from the funds of the Board and shall be subject to such conditions of service, as may be determined by the Minister with the concurrence of the Minister in charge of the subject of Finance.

(12) —

(a) The Chairman of the Board shall preside at every meeting of the Board at which he is present. In the absence of the Chairman from any meeting of the Board, the Vice-Chairman shall preside at such meeting, and in the absence of both the Chairman and the Vice-Chairman, a member chosen by the majority of the members present shall preside at such meeting.

(b) The Chairman or Vice-Chairman or other member of the Board, as the case may be, who presides at any meeting of the Board shall have, in addition to his own vote, a casting vote.

(13) The quorum for any meeting of the Board shall be three members of the Board, and, subject as aforesaid, the Board may regulate its own procedure.

4. Board may act despite vacancy.

The Board may act notwithstanding a vacancy among the members thereof.

5. General Manager of the Board his powers and duties and their delegation.

(1) The Board shall, with the approval of the Minister, appoint a competent and experienced person as General Manager of the Board.

(2) The General Manager shall, subject to the general direction of the Board on matters of policy, be charged with the direction of the business of the Board, the organisation and execution of the powers, functions and duties of the Board, and the administrative control of the employees of the Board.

(3) The General Manager may, with the approval of the Board, delegate to any other employee of the Board such of his powers, functions or duties as he may, from time to time, consider necessary, and any employee to whom any such powers, functions or duties are so delegated shall exercise them subject to the general or special directions of the General Manager.

(4) The General Manager shall retire from office on reaching the age of sixty years:

Provided, however, that his term of office may be extended thereafter by the Board with the prior approval of the Minister.

(5) The General Manager may not be removed from office except for good and sufficient cause and without the prior approval of the Minister.

6. Chairman and Vice-chairman of the Board.

(1) The Minister shall appoint a Chairman, and may appoint a Vice-Chairman, of the Board from the members of the Board.

(2) If the Chairman or the Vice-Chairman is, by reason of illness or other infirmity or absence from Sri Lanka, temporarily unable to perform the duties of his office, the Minister may appoint one of the members of the Board to act in his place.

(3) The Minister may, without assigning a reason, terminate the appointment of the Chairman, or the Vice-Chairman, of the Board. The termination of the appointment of the Chairman, or the Vice-Chairman, of the Board shall not be called in question in any court.

(4) Where the Chairman, or the Vice-Chairman, of the Board is not a public officer, he may resign the office of such Chairman or Vice-Chairman by letter addressed to the Minister.

(5) Subject to the provisions of subsections (3) and (4), the term of office of the Chairman of the Board shall be the period of his membership of the Board, and the term of office of the Vice-Chairman of the Board shall be the period of his membership of the Board.

7. Seal of the Board.

(1) The seal of the Board shall be in the custody of the Board. The seal of the Board may be altered in such manner as may be determined by the Board.

(2) The seal of the Board shall not be affixed to any instrument or document except in the presence of two members of the Board both of whom shall sign the instrument in token of their presence.

8. Powers of the Minister in relation to the Board.

(1) The Minister may, after consultation with the Board, give to the Board in writing general or special directions as to the performance of the duties and the exercise of the powers of the Board in relation to matters which appear to him to affect the national interest, and the Board shall give effect to such directions.

(2) The Minister may, from time to time, direct the Board in writing to furnish to him in such form as he may require, returns, accounts and other information with respect to the property and business of the Board, and the Board shall carry out every such direction.

(3) The Minister may order all or any of the activities of the Board to be investigated and reported upon by such person or persons as he may specify and upon such order being made, the Board shall afford all such facilities and furnish all such information as may be necessary to carry out such order.

9. Officers and servants of Board deemed to be public servants.

All officers and servants of the Board shall be deemed to be public servants within the meaning the Penal Code.

10. Board deemed to be a scheduled institution within the meaning of Bribery Act.

The Board shall be deemed to be a scheduled institution within the meaning of the Bribery Act, and the provisions of that Act shall be construed accordingly.

11. Duties of the Board.

(1) It shall be the duty of the Board to develop and maintain an efficient, coordinated and economical system of electricity supply in accordance with any appropriate licence issued by the Public Utilities Commission of Sri Lanka.

[S 11(1) subs by s 66(a) of Act 20 of 2009.]

(2) For the purpose referred to in subsection (1), it shall be the duty of the Board—

(a) to take over and carry on the Government Electrical Undertakings with effect from the date of the transfer to the Board of such Undertakings;

(b) to take over and carry on any electrical undertakings transferred to the Board under section 26;

(c) to generate or acquire supplies of electricity;

(d) to construct, maintain and operate the necessary works for the generation of electricity by all means;

(e) to construct, maintain and operate the necessary works for the interconnection of generating stations and sub-stations and for the transmission of electricity in bulk from generating stations and substations to such places as may be necessary from time to time;

(f) to distribute and sell electricity in bulk or otherwise; and

(g) to develop a sound, adequate and uniform electricity policy, and, for that purpose, to control and utilise national power resources.

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MUNICIPAL COUNCILS (AMENDMENT) ACT, NO. 20 OF 2017


URBAN COUNCILS (AMENDMENT) ACT, NO. 21 OF 2017


REGULATION OF INSURANCE INDUSTRY(AMENDMENT) ACT, NO. 23 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


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MUNICIPAL COUNCILS (AMENDMENT) ACT, NO. 20 OF 2017


URBAN COUNCILS (AMENDMENT) ACT, NO. 21 OF 2017


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SRI LANKA SUSTAINABLE DEVELOPMENT ACT, NO. 19 OF 2017


MUNICIPAL COUNCILS (AMENDMENT) ACT, NO. 20 OF 2017


URBAN COUNCILS (AMENDMENT) ACT, NO. 21 OF 2017


REGULATION OF INSURANCE INDUSTRY(AMENDMENT) ACT, NO. 23 OF 2017


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URBAN COUNCILS (AMENDMENT) ACT, NO. 21 OF 2017


REGULATION OF INSURANCE INDUSTRY(AMENDMENT) ACT, NO. 23 OF 2017


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MUNICIPAL COUNCILS (AMENDMENT) ACT, NO. 20 OF 2017


URBAN COUNCILS (AMENDMENT) ACT, NO. 21 OF 2017


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IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


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MUNICIPAL COUNCILS (AMENDMENT) ACT, NO. 20 OF 2017


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