ENERGY SUPPLY (TEMPORARY PROVISIONS) ACT

Arrangement of Sections

1. Short title and date of operation.

PART I

CHAPTER I

CONSTITUTION OF THE ENERGY SUPPLY COMMITTEE

2. Constitution of the Energy Supply Committee.

CHAPTER II

OBJECTS, POWERS AND FUNCTIONS OF THE COMMITTEE

3. Objects of the Committee.

4. Powers of the Committee.

5. Functions of the Committee.

6. Committee to exercise its powers subject to the directions of the Minister.

7. The Ceylon Electricity Board and the Ceylon Petroleum Corporation to implement plans and programmes drawn up by the Committee.

CHAPTER III

STAFF OF THE COMMITTEE

8. Energy Regulator.

9. Other staff of the Committee.

10. Services of the officers and servants of the Ceylon Electricity Board or the Ceylon Petroleum Corporation, as the case may be, to be made available to the Committee.

CHAPTER IV

GENERAL

11. Requisition of movable property.

12. Immovable property of the State to be made available to the Committee.

13. Protection for action taken under this Act or on the direction of the Committee.

14. Contracts and actions.

15. Committee deemed to be a Scheduled Institution within the meaning of the Bribery Act.

16. Furnishing of information to the Minister.

17. Offence.

18. Penalty for offence.

19. Regulations.

20. Report of the Committee to be sent to the Minister and laid before Parliament and copies of such report to be made available for purchase by the public.

21. Minister to obtain report from the Central Environmental Authority prior to approval of new energy projects.

22. Anything done under the provisions of this Act to prevail over certain laws.

PART II

EXERCISE OF POWER UNDER OTHER LAWS

23. Committee to exercise powers under Part V of the Ceylon Electricity Board.

24. Committee to exercise powers under Sections 2 to 11 of the Electricity Act.

25. Committee to exercise powers of the Competent Authority under petroleum products (Regulation and Control of Supplies) Act.

26. Committee to exercise rights and power exercised by the Ceylon Petroleum Corporation, the Board of Directors as the case may be under section 5B to 5I, 34A and 42 of the Ceylon Petroleum Act.

27. Power to issue special directions.

28. Special procedure to be followed by the committee.

29. Duration of this Act.

30. Sinhala text to prevail in case of inconsistency.

31. Interpretation.

2 of 2002.

AN ACT to provide for the constitution of an energy supply committee to provide for the exercise by such committee, of powers under certain other laws and for matters connected therewith or incidental thereto.

[Date of Commencement: 21st March, 2002]

1. Short title and date of operation.

This Act may be cited as the Energy Supply (Temporary Provisions) Act, No. 2 of 2002 and shall come into operation on such date as the Minister may appoint by Order published in the Gazette (hereinafter referred to as the "appointed date”).

PART I

CHAPTER I

CONSTITUTION OF THE ENERGY SUPPLY COMMITTEE

2. Constitution of the Energy Supply Committee.

(1) There shall be established a Committee to be called the Energy Supply Committee hereinafter referred to as the "Committee”.

(2) The Committee shall consist of the following—

(a) ex-officio members—

(i) the Secretary to the Treasury, who shall be the Chairman;

(ii) the Secretary to the Ministry of the Minister in charge of the subject of Power and Energy;

(iii) the Secretary to the Ministry of the Minister in charge of the subject of Enterprise Development, Industrial Policy and Investment Promotion;

(iv) the Chairman of the Ceylon Electricity Board established by the Ceylon Electricity Board Act;

(v) the Chairman of the Ceylon Petroleum Corporation established by the Petroleum Corporation Act;

(vi) the Director-General of the Board of Investment of Sri Lanka established by the Sri Lanka Board of Investment Law;

(vii) the Chairman of the National Energy Council;

(viii) the Energy Regulator appointed under section 8; and

(b) a representative of the Ministry of the Minister in charge of the subject of Policy Development and Implementation, nominated by the Minister of Policy Development and Implementation and appointed by the Minister.

(3) A member appointed under paragraph (b) of subsection (2), shall hold office for the period of two years from the date of his appointment, unless he resigns his office by letter addressed to the Minister or, is removed from office by the Minister, in consultation with the Minister in charge of the subject of Policy Development and Implementation, for reasons assigned.

(4) The quorum for any meeting of the Committee shall be six members and the Committee may regulate the procedure, in regard to the meetings of the Committee and the transaction of business at such meetings.

CHAPTER II

OBJECTS, POWERS AND FUNCTIONS OF THE COMMITTEE

3. Objects of the Committee.

The objects of the Committee shall be—

(a) to ensure an adequate supply of electrical energy, petroleum and other energy requirements;

(b) to regulate the provision of electrical energy, the petroleum supply and the utilisation of other energy resources.

4. Powers of the Committee.

The Committee shall exercise the following powers to—

(a) purchase or otherwise deal with—

(i) electricity;

(ii) all forms of petroleum products;

(b) deal in any manner with all forms of renewable energy resources;

(c) purchase or otherwise deal with ancillary equipment such as electricity meters and prepare schemes for the purchase of such equipment by the private sector;

(d) ensure the cost effectiveness of all aspects of the operations of the Ceylon Petroleum Corporation and the Ceylon Electricity Board;

(e) conserve energy and promote other energy resources;

(f) take such measures as may be necessary to ensure compliance with the provisions of this Act.

5. Functions of the Committee.

For the purpose of attainment of its objects, the Committee, may discharge the following functions—

(a) the preparation of a national plan to ensure an adequate supply of energy;

(b) the preparation of a detailed statement on the availability of electrical energy and petroleum, and a programme for the use of such electrical energy and petroleum;

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