CEYLON ELECTRICITY BOARD ACT includes all amendments up to 1987) AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF AN ELECT 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 RTAKINGS, AND. IN CERTAIN CIRCUMSTANCES, OF THE ELECTRICAL UNDERTAKINGS, OF LOCAL AUTHORITIES: FOR THE EMPLOYMENT BY THE SGARD OF EMPLOYEES OF THE DEPARTMENT OF GOVERNMENT ELECTRICAL UNDERTAKINGS; FOR THE ENTERING INTO JOINT SCHEME: BY SUCH BOARD WITH ANY GOVERNMENT DEPARTMENT OR APPROVED. BODY FOR THE GENERATION OF ELECTRICAL ENERGY, TL IRRIGATION OF LANDS. THE CONTROL OF FLOODS OR OTHER LIKE OBJECTS: AND TO MAKE PROVISION FOR ALL MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. HcrTy.CEYLON ELECTRICITY BOARD err [Cap. 538. CHAPTER 538 CEYLON ELECTRICITY BOARD [ACT TO PROVIDE FOR THE ESTABLISHMENT OF AN ELECTRICITY BOARO FOR THE ) "DEVELOPMENT AND CO-ORDINATION OF THE GENERATION, SUPPLY AND DISTRIBUTION OF ELECTRICAL ENERGY : FOR THE TRANSFER TO SUCH BOARD Kira, ahi baw OF THE GOVERNMENT ELECTRICAL UNDERTAKINGS, AND, IN CERTAIN CCIRCULASTANCES, OF THE ELECTRICAL UNDERTAKINGS OF LOCAL AUTHORITIES VOR THE EMPLOYMENT BY THE BOARD OF EMPLOYEES OF THE DEPARTMENT OF ‘GOVERNMENT ELECTRICAL UNDERTAKINGS; FOR THE ENTERING INTO JOINT STHENES BY SUCH BOARD WITH ANY GOVERNMENT DEPARTMENT OR APPROVED {80DY FOR THE OENERATION 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. This Art may be cited as the Ceylon Fectrcity Boatd Act. PART I ConsTiTeion. PoweRS AND DIES OF THE CEVLON ELECTRIC BOARD 2-1) There shall be established Board which shall be called. the Ceylon Electricity Board, hereinafter refered co a8 the Board (2) The Bourd shall, by the name assigned (o it by subsection (I), be a body corpersie and shall ave’ perpetual Succession and d common seal and may sue tnd be rue in such name, 3. (0) The Board shall consisvof— (©) four members appointed by the “Minister fom pertone who appear to the Minis to have had ‘experience and shown capacity in enpeeetng, commerce, administration or arcountancy,, (h) one member appointed by the Minister, in copsultation with the Miniter in charge of the subject of Local Government, 10. represent local authorities, [seh July 1968.) (©) one member appointed by Minister, in consultation with the Minister in charge of the subject of to represent the Feld of (A) one member being an officer of the ‘General Treasury seminated by the Minister in-charge of the subject of Finance, 8). Before appointing 2 person to be & member of the Board, the Minister shall satisfy himself that such person has no such Financial oe other interest as is likely to affect prejudicially the discharge by such petton of his functions ab & member of the Board. and the Minister shall satis himself fom vehe to time, with respect to very member of the Board appointed by the Minister, that such member as no such, iterest. Any person who i8 appointed by the Master, or whom the Minister proposes 10 appoint. as a member of the Board shall. whenever’ requested by the Minister so to do. furaish to the Miniter suet information as the Minister considers rnecessury forthe performance nf hi duties ‘ner his subsection.Cap. 538} (4) A member of the Roard who is in any way directly or indirectly anterested i ‘any contcact made oF proposed to be made bay the Board shall digeose the nature of h interest at a meeting of the Board and such agute shall be recorded in the minutes fof the Board and the member shall not take part in any deliberation or decision of the Board with respect to that cootract 13) Subject tothe provisions of subsections (6) and (Tp every member of the Board, other than the member nominated by the Minister in charge of the subject of Finance, shall— (2) hold office for a period of five years, ‘and (b) be eligible (or reappointment: Provided that a member appainted by the Minister to Gill 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 fof office of the member whom he succeeds, (6), The term of office of three of the six members of the Board fist appointed by the Minister shall terminate at the expiry of @ fod of three years from the date of poi 1. for the purpose of securing compliance with the preceding provisions ofthis subsection, the Board shal a1 its First meeting under this Act determine bby lot the three members appointed by the Minister whose term of office shall so ‘terminate. (1). Where in the interests ofthe efficient performance of the functions or the charge of the duties of the Board, it is considered necessary to doso,— (a) any member of the Board, appointed under paragraph (2) of subsection (1), may be removed by the Minister, (any member appointed under ‘paragraph (3) of eubeection (1) may he removed by the Minister CEYLON ELECTRICITY BOARD consultation with the Minister in Charge nf the abject of Local Government, (0 any member appointed under paragraph (e) af subscetion (1) may be temoved by the Minister in congultation with the Minister in charge of the subject of Industries, and member nominated by the fer in charge of the subject of ince may be removed hy the Minister in charge of the subject of Finance. (any Mi (8) The removal of any member of the Board from office under subsection (7) shal ‘ot 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. (1) Where a member of the Hoard hrecomes, by teaton of illness or other infirmity ar absunce Crom Sri Lanka, temporarily unable to perform the duties of his office then, if he is a member appointed by the Minit may appoi any fit person to net in his place, and, i 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 actin his place (11) All of any of the members of the Foard may be paid such remuneration from the funds of the Roard and shall be subject, to such conditions of service, ax may he 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 pgesent, Inthe absence of the Chairman from any meeting of the Board, the Vice-Chaitman 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, mectiogCEYLON ELECTRICITY BOARD [cap. $3 (8) The Chairman or Vice-Chairman or (2) Hf the Chairman or the Vice other member of the Board, as the case may Chairman ls, by reaton of iliness or other ber who presides” at any meeting of the infirmity. or absence from Sti Lanke. Board shall have, in addition to his own temporarily unable ro perform the duties of ote, casting vote, bis offic, the Minister may appoint one of ‘the members of the Board to act in his (13) The quorum for any meeting ofthe PIE Board shal be three members of the Board, fd bjt Mover the Dowd may C2) TRE Mininier may. without See assigning & teason, terminate she ‘ul oe ‘appointment of the Chairman, or the Vice: ‘Chairman, of the Board. The termination of the appointment of the Chairman, of the -Chairmaa, of the Board shall not be cealed in question in any court peusnuy 4 The Board may act notwithstanding a Seepe vacancy among the members thereof Gage 5. (1) The Board shall, with the Gites! approval of he Minter,” appoint & Whee the Chairman, ot the Vie Se ret Mat an Pty I oe Se Ses Gavadne dies Se a a in Chairman or VieeChairman by. letter aa (2) The General Manager shal, subject addressed to the Minister, ” to the general direction of the Board on matters of policy, be charged with the (5) Subject to the provisions of rection of the business of the Board, te subsections (3) and (4, the term of office of. frganisation and execution of the powers, the Chairman of the Board shall be the . functions and duties of the Board, and the period of his membership ofthe Board, and administrative control. of the employees of foc of the Vice-Chairman of the Board ‘all be the period of his membership ofthe Board (2). The General Manager may, with the anplovalst the Donte, delegate te any ether 7 (1). The seal ofthe Board shall be in Sel of employee of the Board such of his powers, the custody ofthe Boars. La functions or duties as he may, (fom time (0 time, consider necessary. and ‘any employee _ (2) The seal ofthe Board may be altered te hihom any fuch powers, functions or i such manner as may be determined bythe ‘duce are 40 delegated shal exercise them Bond. ‘abject to the general or special diretions of the General Manager, (3) The seal of the Board shall not be aifixed to any insitument or document (4) ‘The General Manager shall retire ®X¢EPt ia te presence of two members of from office on reaching the age of sixty the Board both of whom shall sign the rae {nstroment in token of their presence Provided, however, that his term office —& (1) The Miniter may, aftr Powel ite may be extended thereafter by the Board consulation with the Board, ge to the Mantes Tak ane seiorappeovel of the Mininet, Board. in writing general or special Baie" Aitections as to the performance of the (5) The General Manager may not be dutiee andthe exercise ofthe powers of the removed from office except for good and Board in relation to matters which appear Saifcient. cause. and. without. the prior to him to affect the national interest, and pproval of the Minster the Board shall give effect to “such irectons 6 (1) The Minister shall appoint a (Chosrman, and may appeine a Vice (2) The Minster may, from time to ‘Chairman, of the Board ftom the members time, ditec the Board in writing to fUrisk ‘of the Board to him im such form as he may require,$38) CEYLON ELECTRICITY BOARD returns, accounts and other information ‘with respect to the property and business of Uhe Board, and the Board shall carry out very such dretion 8) The Minister may order all or any of the activites ofthe Board to be investigated and reported upon by such person or pesons as he may specify and upon such Seder being made, the Board shall afford alt such feciities and furnigh all sven Information as may be necessary to carry ‘out such onder 9. All officers ana servants of the Board shall be deemed Yo be public tervants ‘wikia the meaning and forthe purposes of the Beeal Cade 10, The Board shall be deemed to be a Scheduled institution within the meaning of the Bribery Act, and the peovisions of th Ac shall be construed accordingly. 11. (1) 1 shall be the duty of the Board, with effect from the date of the tanster to the Board of the Government Etecrical Undertakings under section 18, (© develop and maintain an elficient, co. ferdinated and economical sysert of lecineity supply for the whole of Sri Lanka (2) For the subtetion (1) Bosra pose referred 10 in hal be the duty of the (@) 10 take over and catty on the Government lectrcal Undertakings with effect from the date of the Lransfer to the Board) of such Undertakings: (h to take over and carry on any clectical undertakings transfered tothe Board under section 265 (0) to generate or acquire supplien of leetiity WD 40 construct, maintain and operate the necessary works fort Beneration of electricity by a (0) to consract, maintain and operate the necessary works for he inte. ‘connection of generating stains ‘and tubsttaions and. for the insmission of eletricity in bulk necessary from time to time: to disttbute and sell electricity in ‘bulk oF otherwise (2) 10 develop a sound, adequate and uniform electricity policy, and, for that purpose, to contrat and tlie national power resouress. (3) Nothing in this section shall be construed as imposing on the Boards ether Sireetly or indicts any form af duty oF linbiy enforceable by proceedings belore any court or tnbunal to which the Board will not othervise be subject 12, The Board may excite al or any of the following pow: (0) w purchase elecscal energy in bulk (2) to cary out investigations and to collect ad record data the genera Uliation of power, andthe ‘levelopment of power resources (6) 1© maintain shops and showrooms for the display, sale, of bite of electrical” equipment, and 10 conduct displays, exhibitions and demonstrations thereof. and seeerally too all things incidental 10 such sale and hite ad for the promation and encouragement of the use of eleciiety: (2 to promote the standardization of the system of supply ofall types of, lectieal tings and equipments; 60) to acquire, hold, take oF give on lease or hice, mortgage, pledge er sell or otherwise. dispose oft any immovable or movable property: (to enter into and perform, either ireetly oe thenugh tly authorired ‘ages al such contracts vs may Be Icestory for the performance of the duties and the exeteze of the rewers of the BoardCEYLON ELECTRICITY BOARD {Cap. 538 (2) to do anything necessary for the the Board and pay them such remuneratio Durpese of advancing the skill of shi thinks prope. berions employed by the Board or te efficiency of the equipment of 14, It shall be the duty of the Board and Fowerat the Board,'or for improving the the Board shall have the power to supervise ‘MS smancer in'which that equipment & ang contre the design, constuction and operated: mn of all chciical_ generating weird igh voltage transition tne, tam (1) (0 conduct research into. mastes. aor “lecling the generation, Siching Mations and other electrical firscwom isiibution, transmission, supply lesallatons installed fr the purpose of any fad we of electricity: sit scene perl ito by te Bond Under the provisions of paragraph (D) © 10 provide faites for taining of section “12. with. any’ Goverment eons requited 10 carry Out THE Department or any body approved oy th Work of the Board, incivding the \ghwrer 2 at ras Or rangement by the Board with any 5 Dedy or agency or s¥Eh ATES provid, however, tha in the exercise of © 10 eatadish. provideot funds and seh superision and control, the Board ension funds, and. to provide sali have ue regard to the needs of such Welfare and reoratioaal facilites, Deparment of body. Rouse. “hostels and. other like accommodation, for tHE EONS 45. Where any dispute arts between Dapues employed by the Board, the Board and any Government Department Sa om for body ‘refered to in section Iain oe ‘(k)_subject to the provisions of section § connexion with the exercise of the powers of Beard onder ‘ang of Parti of tht Act 10 make {ye Boerd under tht terion, neck dee Seton rules in elation tothe fiers and shal, be referred 10 the Minister, and the servant of the Board, ncuding al Be ferred tothe Miniter, an their appointment, promotion, {cision of the Mi ‘thereon shall be ane in ms cenit and he ano He 165 oes of body cir tan the oe es (te emer ina oi hemes with any eison the ‘Boad gen wit te ‘cre pagent wy Moro the Minn usa ste SSiytoprced Fhe Mit, Gr weninion ‘ef gh tage sel the femraton ef cee she, net bok tom tre pleaser in the Egon of lan Ge conte ih a tec o here pte (m) to make rules in respect of the PART 11 ‘sdministration of the affairs of the Board: and TRANSFER TO THE BOARD OF THE GoVERNMENT ELECTRICAL UNDERTAKINGS ‘AND OTHER ELECTRICAL UNDERTAKINGS {0 do all other things which, in the e ‘opinion ofthe Boa are necetary (facilitate the proper carrying on oti businese| POPPE stg, (1) As soon as may be convenient Tremere she fier the coming into operation ofthis Act, Smet ibe Cumasnt 13. ‘The Board may, from time to time, the Minister shall, by Order.? uansfer the ees ‘wenn’ appoint persons who are. qualified as Government Electrical Undertakings tothe Unsenaing ‘engineers to be. of to act as, consultants t9 Board, and may, subject tothe provisions of Froa acinn Ting fe peed Asatadhapaa ProsTaton Bowe aad win Tam ba meni edo Ben meen wth ed hha ore © over, 1F—traar of Government Eee Undertakings to Elvicty Bowdvide Caseie vy No. HOH a 160.0038 an Gare Eacdiay Ne, HAV of (HOF- 538) CEYLON ELECTRICITY BOARD subsection (4) of this section and. the Provisions of section 39, by the tame Order Or by a subsequent Orde? provige (e) forthe transer to, and the vesting In, the Board of any movable oF immovable property of the State requited for'the-porposer of the Board: (8) forthe wranser 10 the Board of all fe any. ght, obligations Tables relating to or connected ‘nth sueW Undertakings and Tor The adaptation or modification of conteacts of other instruments for the porpote of giving eect to the Iranser of such rights, obligations td bile othe Board; (0) for the adaptation or mosifcaion of thy witen aw fo Hoch extent may be necestary or the purpose of Entbling the Hoard to carry on ‘ich Undertakings in ew of the Government (8) for such financial adjunments heeween the Goverement and the Bourd az may be necereay in comaequence of any such transfer ad (2) for any other mater supplementary 1 or consequential on the me {foresaa including the continuation of egal proceedings, ) Subject 10 the provisions of subsection (3) the protons of any Onder made by the Miniter under wbrection (1) tiny be amended or vated by him, (ro Aime to time, by a subsequent Order, 12) No Order shall be made by the Miniter under subsection (1) oF subsection a (©) atecing any iworable property of he Sine without the concurtence ofthe Miniter t0 whom the subject. (0) allecting any maven tefered 10 in iparagtaph (4) of subsection (1) without the price concurrence of the Minit in charge of the subject. of Finance (4) Subject to the provisions of tubeection (3), every Order made hy the Minister nde this section shall be brought ‘Senate and. the Howe ‘of or before Parlixment, asthe ‘ait may be. by a motion that such Order bbe approved.” Where such Order i approved, notation of such Order shall ‘er published in the Gazete, Every such Order shal eome inte force om the date sf the publication of auch notation, of approval or on such later date ay any be specified in the Order. Every 10ch Order Shall. on” its coming. into Torce as hereinbefore provided. be at valid. and elfectual aif it were bere enarted (5) “The fet Order made wader thie section alter the coming into operation of this Act, shall be published in the Gazete, and shal have effect from the date of sch [lication or from soch Tater date att be speed in the Over. 19, (1) With effec fram the date ofthe leansie’ ty the outa of the Government Eiceisenl Undertakings, no licence shall be ftanted under the Eleciielty Act except in onsultation with he Board (2) the prcoding_ provisos of ani section ‘shall have elect notwithstanding fnyining to the cone inthe Bleccy 20. The Minwter nay, on herecoamene dation ofthe Board; baving tegata tobe needtoprevidea more ciitent tervicete opsumers within the esa of uh ‘loa sionty and fre rata tom ofthe supply of letrieny, by a0 Onder (erinaer cefered toss "soe ling Onder") pubinned in the Oaeeue, ‘Ne inthe Board with eer fromm a das Specified in the veting Order (hereos fer eeferred to at the vesting date’) the elecsical undereahings carted om 3 focal authority inte capacity ase ge under the Electricity Act, (Chepar Be (Chap Seen catedCEYLON ELECTRICITY BOARD [cap. $38 focal 2 vesting Order vader tection 20 (1) (2) All movable and immovable ‘property of the loeal authority {ed forthe purposes of the ‘sndertaking; o ‘Subjet to the provisions of par. ‘graph (e)all Fights, obligations Sd Tables of the loa! aut hority relating to, or connected with Such andertakag and sub sisting on the vesting date, shall vest inthe Board, with effet from Seb date (2) All actions and proceet institted by or again the local Connected suhority relating 1, srwth such elecresl undertaz ings und penuingon the Nesting ane. shall be. Seemed be ‘actions. «and proceedings instayed by or against the Board, eran acres dala 22. (1) With effect trom the vesting ‘ate, the local Suthority referred to 0 the vesting Order which carried. on an Clectrcal undertaking init eapacity at a licensee under the Electristy Act, shall erase to bea licensee under that Act. (2) The provisions of subsection (1) hall have effect notwithstanding the Brovisions ofthe Eleccity Act 23. (1) For me purpose of giving cetfect ty 'a vesting Order, any offer of the Board authorized in. writing ia that ‘behall"by ‘the Chairman of the. Bou may, subject tothe” provisions of Subsection (2), tike possesion of any property vested 4a the Board By such Order. (2) The officer referred to in subse (2) inform he eal astbority that ‘sk office intend tote Possession of suck property for Sndon behalf of the Board on such date and at euch time aed Piece al be Species the (0) teaite an authorized agent of the local authority to be bree lace so specitied and to seist Such officer to of such property ke possession (2) After s0y property bas beea taken possession of by an officer of the Beard Ander subsection (1), such officer sll Sead a certificate tothe local suthority {o the effect thar he has taken possersion fof sich property (4) The notice required to be sven sander subsection (2) sball be deemed to beniven if tis sent by repistered. post Wo the local authority, 1S) Any person who fas, without reasonable cause, to comply with any Fequiremest of a notice given. under {ebhection (21, shall be ly ot an vost. and. shall on cotton tet Summary rial before a Magitrate, be Table to imprisonmese of eter descrip: tion fora period not exceeding one yer ‘to a fine nol en eding one thowsend Tapees. oF 10 both ch Imprisnement snd fine ” 24, (1) Every person who prevents oF obstevets any officer of the Board from faking. poression of any property for sad on behalf ofthe Board under section shall be guilty of an offence and Snail, on convition aller summary tral before a Magistrate, be able 10 imprso~ iment of either description for a. peri hot exceediog one Yea, or to 4 fine 208 acceding. one taueaed eupess, oF tO both such imprisonment and fine (2) Where any officer of the Boa svthorized under section 23 ta take port= fig of any property for and on bebait St the Boued, is unable oe apprebends that he will be unable fo take. possession such propery because of any obrteae= tion of vesistance that has been or it Uikely to be offered, Re shall, on makingGuriadiction ‘over ropecy is kept oF siteated, be entitled to an order of the ler of court 10 deli Of that property to. him for snd on behalf ofthe Board. Q) Where an oeder under subseetion (2) Forthe purptoe of exsesting on order sued by # Magistrates Court Under subsection (2), the ofTizer of court scting vader the direction of court may Use such force as may be necesary te tater any place where any imovable prop ‘erty to which the order relates kept nod feize such movable property, orto enter y Mid. building or atber structure We that order relates dt 6 Person in crcupation theres an Wer possession of such movable eats person who is authorized fo fake posse fsiom thereat for er an BSehall of the Boar 25, (1), shall be the duty of the Board to ddvise the Minister 8) 40. the exercise of his powers under section 29, (2) For the purpose of performing ite duties under subsection (1). the Board (4) old such inquires and inspect Such movable or immovable prope fy vied for the purposes of any leer o {he Board may consider wecersary {eluting to such undertakings. and Xo produce for examization books or documeats. containiog such Dartculas ot information () 1 shall be the duty of & local authority or aay offices of such local ‘authority to comply with ‘any direction Insued to such Ioeat “authority of such Otter, he tr may by a ‘under subsection (2) yee br CEYLON ELECTRICITY BOARD Comply wi Sider eubiection (2), shall be. guilty of Stoffeace and shal on conven afier a bef rate, be tof either desripe tion fora period not exctediog ae fear ‘tos fine aot euoredig one thursed fupect. or fo. both such imprisonment tnd ie. means any Muni al Couaell, Urban Covacil, i Peadesbiys. Sabha and fnclodes any” authority crested "and establithed by. oF ‘Under any [aw to exerl , perform aod discharge the powers dates {od functions cortesponditg to oF Similar to the powers, duties and Tuvetions exercised,” performed sd discharged by aay such CCovseil or Sabha; PART Il STAPF OF THE BoaRO 31, Subject ce the provisions of section 5. ne Board may appoint to is stall such cites and servants a the Board ray deer, necessary, and determine their tome of remunertion and other condition of employment BIA. (1) Every publi olfices of the Departnent, not being any such ofc in a transferable’ service of the Government, shal, before the date on whic the Government Flestical Undertakings are transfered tothe Board under ection 18 Gn (is Ac vefetred to au the "rarer date", fixe notice ia writing to. the. Generel Manager of the” Department that such oie intends, on that Gate, (©) to continue in office as a public ‘officer of the Departs and perform, so long as he so continues, ‘work Tor and. on ‘behalf oF the Bears in ‘his Sapaciyy at sich (©) 0 retire Crom the public service and become an employee ofthe Bourd il being a pensionable officer ofthe Department, he would an that date have ad not les than ten yece™- Peitionablerervee orCEYLON ELECTRICITY BOARD (6 to leave the_pablic vervice and ‘ecome am employee of the Board NG being pensionable ier of the Deparment be would on that dae” have eas than ten Years pesbonable serie! (2) 0 leave the pubic service and Become an employee ofthe Board if he isa comidbutor to the Public Service Provident Fund established Linder ve Public Service Provident Fond Ordinance ot @) to both leave the public service and fot become an employee of the Board, (@) Av notice given to the General Manager of the Deparment bere the ranser dae by public lfieer of the Depatieat under subsection (I) shall be Et () Any public officer of the Deparment who dacs aot ive the notice quired by subvection (0) #f section, NA before the traf date a gies such nore {Tc paegronn (a ofthat stsction, shall Contin in oflee at scch lier on and Stee that date aad, for so long an he 40 Continues im fie, shall perform work for Sind on behalf ofthe Board i his copay 35 Sich officer and be subject to the same Conditions of tervce a8 he mos sheet 10 Wwe doing wack Tor the Department in hat ty 3 even offer, and accordingly the rulee made by the Public Service aad the Adminirate Regulations, the Financial Regulation, nd the Treasury Circulars of the Government, shall eatin to apply fo and in elation to teen acer, (2) Where any public officer of the Depacment continues ia office as auch olfier on and) aller the teanset date performing work for and on behalf of the Board in his capacty as such officer, the Board shall pay out of the funde of the Board to. the ‘Deputy Secretary” 10 the ‘Treasury to be credited tothe Conslidated Fun, scl sim nt exceeding such amount a5 may be determines by the Minister hare ofthe subject of Finance ar rfucient fo cover the salary, and other expenses including pension of provident fund contributions, paysble by the Government in espect of such fice (8) In tne event of any confer or inconsinteney between the provisions of subtection (I) and any other provisions of this Ae, the provisions ofthat subsection Shall 10 the ‘extent of eh confer or inconsistency prevail” over such other provisions 31C. 1) Any publ officer of the Department who gives notice under ay of ‘he paragraphs (4) to (6) of subsection (1) of seston SLA before the tranaer date shall (@) if such notice i 50 given by him under paragraph () of that subsection, become an employee of ‘he Board’ on that date and tall, Subject tothe provisions af tetion 32, be eligible for such » peorion tnder the Miautes om Pensions a8 ‘would have been awarded to him had one retired from the public service on the ground of abolition tf office on that date; oF (6) iCsuch notice is a0 ven by him under paragraph (€) ofthat fbeection, become an employee of {he Board on that date snd shall be ‘deemed to have left the public Service om that date and "shall Subject tothe provisions of tection 52, be eligblerfor such an award lander the Minutes on Pensions as ‘would have been awarded to him if ‘he had leit the pubic service onthe ‘Hound of aboltion of office on that date: ot (@) such over it 40 given by him under paragraph (2). of that subsection, Become an employee fof the Board on that dais, and ‘hall be deemed for the purposes (Of the Public Service Provident Fund to have left the service of the Government upon the ‘determination of contact with the sent of the Government otherwise than by cams oe (2) if eh notice is 40 given by him ‘under (of that ©) ime i a public officer of the ‘lass or desription refered to in paragraph (6) of tha subsection, be deemed to have retired fromm the public sevice fon that date and shall be [cap. 538 era igiCap. $38) CEYLON ELECTRICITY BOARD ‘svarded to him bad he retiree (2) If onthe tranafer_date, such from tne gobi sees on he ‘tqploye wan publi offer of he round ef aboton of eee Department ndings pom decled Satin dues or {oe peonabe sod oho hd ee thaw ten tod ot tee thar ps (Gre in uch an offer of the Jee peomabe er hen Citas or decripon ered fa aragraph, (of teat (@) he shall be deemed, forthe Subsection, be dined to ave rpotes ony of the Minster tet ene publ sevice oy that En Pensony tobe hing the Ge and shall 6 ele for font in the Deparment thet such an award. oer the Revhetg on the treater dle Minute op Pensions wold wns tch peed of tine 3, five been awarded to his if ‘hen aed fo hi pensionable te bade 'the publ serie Serves under the Government, ‘on the ground of abolition of makes an aggregate of ten cfice on that date, or fonabh year’ pensionable service (Gervice under the Board being counted as pensionable service Under the Government for iyi he is any such public offices of the class of description jaragraph (d) of be ceemed for the purposes of the Public eves a Pioviseas Ed (b) in eespect of itn, the Board Ordinance to have left the service “of the Government ‘pon the determination of contract with the consent of the Government otherwise than by dismissal ‘hall pay out of the funds of, the Board to the Deputy Secretary to the Treasury (0 be credited to the Consolidated Fund for every complete month of the period fof service during which he is ‘deemed for the purposes oly (2) tn the event of any conflict o¢ Inconsistency between the provisions of subsection (I) and any other provisions of feeling eet ite thi Act, the provisions of that subsection So ee ean shall to the extent of such confit oF the tranafer date such sum a5 inconsisteney prevail over such other may be determined by the provisions Minister in charge of the subject of Finance and 32. The following provisions shal apply to and in elation to any employee of the (0) athe end of such period he Board who beeame such an employee on the ‘hall be deemed "to have transfer date by virtue of the operation of elie from the public service {he provisions of rection 31¢— tnd shall he eligible fr such a pension under the Minutes on (1) Such employee shall be employed by Pensions as would have been Se Gat “on meh ere and warded {0 him had he retived sonditions ax may be agreed upon {om the public service on the ‘uch employee andthe Board aground of abolition of office a ene ‘om the termination of such Provided, however, that_ such Pevod terme and conditions shatl be not leas favourable than the terms and conditions on which such employee 3) Notwithstanding — {0} the provisions of section 31 and the 0CEYLON ELECTRICITY BOARD [Cap. 538 Ee in ve pecomraryin my ober + 0) sch ofet 14 eIBDE fr te (0 amyhing ose contrary nay reed of ny sum ae det 7 the Pubic Service Provident Fond were a pale offer of the Deparment Orainune, such sum shall no be wea Leta eine beury sinoe putea osha beeeéte era oper fhe proviom of secon Tis acounn's proven und ot se the Bou esti under teton no (©) if such officer is eligible for pension and elects to draw his full Tension; he shall net berpeid such S2A._(L) Any person who on and after Denon ving the pred of hin Mane date concen off oa Employment wi on Public officer of the Department performing {ny Saal ‘work for and on behalf of the Board in his shi vmin (8) if such officer is eligible for a capacity as such officer may at any time be snsion and. elects 1 draw a permancatly appointed to the staff of the tial commutation of Board Snefouth part of hi pension in Accordance with the provisions of (2) Where any public alficer fection 2A (1)() ofthe Minutes On pefmunertly appointed to the staf of the Pensions Board under subsertion (I), ihe provisions of subsection (3) of section 9 of he Motor such gratuity shal not be paid Transport Act, Nov a¥ of 1087F, shall tohim but shall be credited to mutans musandis, apply to and in eaten bis account ina. provident to nim fund of the Board established * 33. Upon under setion 12): under section 20, ofan electrical under “Enplgy~ wy i remaining three-fourths taking carried on by a local authority, Perosnel ‘of the pension payable othe following provisions shall apply ts Sm they fim under the aid. Minutes the officers und. servants employed Shall not be paid to him exclusively in such undertaking, on the uring the period of his ‘uy preceding the vesting date andwho Stet. employment by the Board: ether teens and the vesting in the Board, |”! eet r Ui fore pont Sigs whoareolfaed and one az “twelve years ar six, ‘such employment. Sia ote cee ot (1) Every such officer or servant who retvement™ referced to in iva member of the Local fection 2A (1) (i) of the said Government Service and who had Minutes, the date of his reached the age of fifly-tive years retirement shall be deemed to fon the vesting date shall be be the last date of his ‘Seemed to" have “retired from ‘such Toeal authority on that date employment under the Beard ; Shall be eligible for” such pension under the” Local Government (01 i sen otter is cgi tr a Ba hth Goverment Wysuiy and tots pation unt weld be warded ober ak he" Mioutes on Bemions such Teronent ary sal tot be ald 10 Bay the pono every such ffi vant whe 8 tnenber of Inve proven fund af the Board Kea gotreest ct om “tne hanged tic amb eq yas Ro fal Fo ets A RUS” CEYLON ELECTRICITY BOARD ‘who had wot reached the age of {itty-five years om the vesting date shall be “deemed to have been abolished wath etfest from hat “Gate "Sea uch ottcer for servant Shall be eligible for Such peosion or other" award Under’ the Local Government Service Regulations ‘ay would have: been awarded (9 him had retired “rom Such" eest Suthority on that date on the round. or abolitioa of post, (2) Every such offiser or servant who ‘not being 3 member of the Local Government “Service aad i a member of any other demsion me established by such local fiuthoriy and who hat reached: the age of fifyatie years fon that date shall be detmed hive retired from seh local auinoricy on that date aad shall be eligible for. such pension ander such. scheme as would be sivatded to him on. such cei 4) The post of every such officer and servant got being & member of the" Local" Government Service and iva. member of any other pension scheme established by that toes! asthoriyy and who has not reached the age of ff five yeats on the vesting. dace shalt be "deemed “10 have been abolished with effest from that Gate and sich offer or servant shall be eligible for such pension of other award under such feheme as. would "have been awarded to him had he estred from such leat “authority on that date on the ground of abuliton of post (9) Every seh officer or servant wo Efi te prectiog. prosbtots (of this section do not apply. shal be deemed to have rated from such" Hocal authority "on the ‘esting date and Shall be elgiele for ihe paymeat of a gratuity of such amount as may ‘be deter mined by the Minister in eon— Station with the.» Minister "in ‘charge of the subject of Local Governmgot, baving regard. to his period of service in such iocat suihori, 5 3M. (1) AL the request of the Board. Aprinmet, any public fice. other than an aifcer sori fefered to in section MA, may, sith the eee onsent of that officer and ofthe Seeretaty wasnt to the Treasury, be tempor to the sal of the Board for such period as ‘may be determined by the Board with like coment, ar be petmanently appointed to Sacha (2) Where any public effeer is femporanily appointed to the staff of the Board under aubsetion (1, te provaions of subsection (2) of section 9 of the Motor Transport Act, No. aK of 1987. shal, toni (Where amy pale alfese is ‘etmanenily uppoinied to the tall of the Board under subsection (1) the peowaions st sanction 11 ef section ¥ ofthe Motor Transport "Act, No. 48 of 1987 shal, uate mundi, apply (9 and in elation toni 4) At the request of the Hoard, any fier 04 sereant any local authority Cubether Hehe gee of the Lac ior of servant flere tn section 34 ray. with the consent of such officer or Servant and the loca authority oe the Loca Goveromest Service Advisory Board, as the case muy be, be temporarily appeitied to ‘he sa of the Board for such period may bbe determined ty the Board. with tke consent, oF be permanently appointed to ach staff, on auch terme. and conditions including “those relating to. pension er Provident fund rights as may be agreed upon by the Board and that Advisory Board or authority, (3) Where an officer o¢ servant of any local autority, whether he Be member of the Loeal Government Service or not it ‘emporarly appointed to the staff of the Board under subsection (4), he shall be subject to the same disciplinary conteel as any other member ofthe aall ofthe Board 235. Where any person has entered i 3 seine ‘contract withthe Government by which he sisiCEYLON ELECTRICITY BOARD (cap. $38 ‘crtd'n has aprend to weve the Goverament for ~ inate spected perio. any psig af trvis tthe ESKE™™ Board by tha person shal be regarded ae faramaal serve 10 the Government forthe purpre Setesile OY dacharing the abligaion! Tach ot pone Hop anything tothe APRSZTSE —contiaryimany ater tw. rhe ary person Pinstdr ota in recip fw peer rem RUSE Ine Goveremen or rom any tacaV authority ” ‘is employed by the Board he shall not be fait nek penton during the period of Enpoyme bythe Bose nupmnion 37 Forthepurpones of his Part peasinsbie public offer” meant 2 abi ofcr who (@) holds pout declared 10 be 1 pensionable post under fection 2 of the Minutes 90 Pension; and| (8) wo docs oot belong 0 8 Uransferable tervie of Government; “pensionable service ™ means service under the Government which reckonabie for pension under the Minutes on Pensions PART WV FINANCE, AUDITING AND ANNUAL REPORT erg tayo rer) au I shal be the duty f the Board s0 to exercise its powers and perform iis functions under this Aetas to secre that the {otal revenvet of the Board are sulicient 10 meets otal outgo Ao revenve account i and interes featonnble proportion of the cost of the evelopment of the services ofthe Bosrd, contrary in anyother writen law = 2) the balance lying to the credit ofthe Rercrve, Renewale and Fatenions soz fof the Government Fletrical UUngestakingy sha, with effect fm the date ofthe traneler tothe Board of such Undertakings, be Iransterted to the Board, and the Board shall place such Datances in an appreprate reserve fund or funds established hy the Board with the Genera Treaty: (8) al sums doe to the Government ftom the Deparment in respect st money advanced by the Government (ther than moneys advanced from toass oblained hy the Government from the Interaationat Bank. for Reconstruction and. Development ‘pon any agreement referred to in paragraph (@) of this section or pan any other agreement) to the Department for expenditure on works shall, with eect ror the date ofthe rater to the Boats ff the Government Electrical Undertakings, be deemed to be an “nvestment of equity eapitl in the Toard by the Governiment, and the ‘Board shall pay to the Government 8 dividend on such equity capital at Sich rate not exceeding eight rer ‘enum per sonm ae the Minister in charge of the subject of Finance ‘may in costltation with the Mininer determine; (0) the payments by way of interest and tepayment of capital that have to be made by the Government fo the Intecamionsl Bank for Reconstruction. and Development ‘pon agreement No. 101 CE dated uly 9, 1958, agreement No, 209 CE ‘dated September 17, 1958, and agreement No, 283 CE dated June 6, 1961, envered into between the Government and that Bank shal, with effect from the date of the Wansier tothe Board of ihe jovrnment Electra! Underiakings, be made by the Board to the Government as such payments fall sue: and (4) the payment of all sums by way ofss Cap. $38) CEYLON ELECTRICITY BOARD interest and repayment of capilal (a) the provfion af money necessary or that have to be made by the ‘the making of any payment f0 any Government 10 the tnterntional local authority under the provisions Co-operation Admnstation and ofthe Aet and Coma ee Set mesrance ey any other purpose for which ca Corporati of Canads shall. wh effec from the date ofthe warsler to the Board of the Government Electrical Undertakings. be made by the Board to me Government 96 seh payments fall de 42. As soon as practicable afer the ‘moneys are’ properly applicable Including. the repayment of any ‘money temperanly borrowed undet Subsetion (0 (2) The Board may, withthe conten of the Minister given withthe concurrence of the Miniter in charge of the subject of Finance. borrow money for any of the ESeAERD™ coming ito operation of the Act Hee Rupes menfonee iy econ (2 im tray be granted so the Road, wit he prior LayefToan rom the Government, by the pov ot the Howe of Reprseatves, pace af Cejon Coarse Seek ander irom the Conselined Fund rach tam of seston 40, or ia anyother "manner {Treinen the Minister i chase a he ec Fimance'n onvltaon sun tne 42 (The Goverment is heeby Bonn nana astnonsed yuan uch tems an Som Condiions "at she. Governeat may Remuecn Seven. oan rea bythe Bond fom $e serves 60) The Bowed mas. wun she the Ineraana ask for Recomucion Somme EEE" coment of ine Miner rim stconanee ane. Dewlopment or fromm thy ete Pesepan With the terms of any general authority international or foreign organization ae “ igven by him, Borrow temporary by way Df overdralt or otherwise such sary 3 the Roura may require for meeting sts obligations ot discharging it duties undet tis ac Provided hat the agaregtte of the amounts outstanding in respect of aay lemporary loans raised by the Board under this subsection shall not at any time exceed such sum as may be determined by the Miniter in consultation withthe Minister in urge ofthe subjet of Finance approved by the Government. the loan Attionred. to. be ponrantced wider th Subsection may be dencmiaated in foecign (2) Allsume payable hy the Government under ony guarantee given unde subsection (1) are hereby charged on the Consolidated Ean ‘All some payable by the Board in respect of principal, inerest and other Sturges on any loan to the Board own the Intefnational Bank for Reconstevction (The Boacdmnay, with the content of and Development of {rom any other the Minister given withthe concurrence of international or foreign organization the Minitern charge of the subject of aprraved by the Government, or by the Finance, borrow money, otherwise than by way of temporary loan under subection (Dy for all or any of the following Porpores:— (@ the provision of working capital (©) the provision of money for mesting any expenses incurred in connexion wih any permanent work or other~ (hing, the cont of which is properly ‘chargeable Lo capital sceount: the redemption af any Hock issued ‘or any loan raised by the Board osernment under ‘aay guarantee ven Under eubseetion (1) shal, notwithstanding anything (0 the contrary in any law of Se Canka, be paid (e) without a deduction for, and free rom, any tener, duties or fees now or hereafter imposed by or under ny aw of Sei Lanka, and (8) eee teom all rencctions now oF hetelter imposed by oF under any Taw of Sri LankaCEYLON ELECTRICITY BOARD Provided, however, that the preceding provisions of this tubsection shall not apply fo any tnxes, duties, (eet or cestrictions ‘upon payments under any bond. or promissory note to « holder thereof other than the International Bank for Reconstruction and Development of any ‘other international or Coreign organization ‘approved by the Government when such bond or promissory founed by an individual or » corpor resident in Sei Laake (4) For the purposes of subsection (2), the quettion whether an individual of 3 sn igor in ot resident in S Lanka shall be determined in accordance with the provisions of section $4 of the Inland Revenue Act, No. 4 of 1963, of section 67 of the Inland Revenue Act (No. 28 of 1979), (5) Every guarantee agreement betwee the Government and the laternational Bank for Reconstruction and Developjnent or any other international of foreign tion ‘approved by the Government pursuant (0 thir Act and every guarantee given by the ‘Government pursuant fo any such ga agicement shall, nowwithstanding anything {othe eontrary he any law of Sri Lanka, he valid and enforceable im accordance wi heir respective terms, (6). In the ease of any toan made to the Board hy the International Bank for Reconstruction and Development or any ‘other international of foreign arganization approved by the Government and guaranteed by the Government, the Government shall bear any loss, and be femitled to any profit resulting from any revaluation of the Sci Lanka rupee in Felation 1 the currency or currencies in ‘which that loan is expressed ‘The amount of every such I ‘charged « sis hereby ‘the Consolidated Fund (7) The President, or any person authorized in that behalf by the President by insiesment under his hand, is hereby empowered, on beball of the Government, to sigh any quaranice agreement hetween the Guverninent and the International Bank for Reconstruction and Development or any ‘ther international of foreign organization approved by the Government (6) Novia a0 ther Jocument exceuted by the Board in {espect of any loan which may be raised By the Board from the Intereational Bank for Reconsiracton and Development. or from any olher international ar foreign sganialion appreved hy the Gaverament, ihe subject to or Be charged wih any Hurapdsty or dulce whatsoever (9)_ As soon as possible atter the end of each finay year, the Miniter in charge statement of every lnan, bond and guaraniee entered into under this section, during the ‘course of that financial year, a (1) The Board may create and issue ny ‘sock required for the purpose of Exercising the powers of the Moard under subsection (1) of section 41, and the stock £0 created and ited is hersinafter in this Act teferced ta as" Ceylon Eleeticly Stock ~ (2) Ceylon Electricity Stock shall be Issued, transferred, dealt with, redeemed and cancelled in accordance with such terms ‘2s may be determined by the Board with the approval of the Minister given withthe ‘concurrence of the Minister in charge of the subject of Finance 44. (1)The Minister io chacge of the subject of Finance may, with the concurrence of the Minister, guarantee'the repayment of, and the payment of the interest on, any Ceylon Electricity: Stock cheated and issued under section 43. (2) Any sum required for the fulfliment of a guarantee provided under subsection (1) may, with’ the prior approval of Parliament, be paid out of the Consolidated Fund Q) Any sum paid out of the Consolidated Fund ia fulfilment of a nice provided under subsection (1) be fepaid, together with interest thereon al such rate’ as the Minister in charge of the subject of Finance may with the concurrence of the Minister determine, ‘by the Board in such manner and over such period as the Minister in charge of the Subject of Finance may with such ‘concurrence determine. o 45. (1) tmmediately after 2 guarantee [Cap. $38 Goverment 3teveamen of tea? ae oy CEYLON ELECTRICITY BOARD "provided under vation 44, the Minister ia charge of the subject of Finance shal lay oF ‘atse tobe lad a statemeat ofthe guacaater belorePariament (2) Where any sum is paid under section 44, out of the Consolidated. Fund in fulfimeat of any guarantee provided under ‘at section, the Minister in charge of the subjeet of Finance shall forthwith lay oF fcnuse 10 be Ind before Parliament 2 ‘atement that such sum has been pai 46. Any funds of the Board which are ot immediately required forthe purpose of the Business of the Board shall be invested bythe Boare in such manner asthe Minister tmav. vith the concurrence ofthe Minister Charge ofthe subject of Finance, determine. 47. (1) The Board may establish and snaiiain withthe General Treasiry— (a) an insurance reserve to cover the insurance of movable and immovable property of the Board fod to meet thid-perty risks and liabilesariing under the kmen's Compensation Ordinance; (0) © sinking fund in respect of the repayment of loans taken by the Board; (0) sedemption fund in cespect of the ‘redemption of Ceylon Electricity Stock and (@) any other reserve fund tha the Board may consider necessary. (2) The Boned shall entablish and ‘maintain with the General Treasury (deprecation reserve (0 cover the ‘depreciation of the movable anc Immovable property of the Board, aad (0) a general ceserve for the purpose ‘of financing. capital works feom fevenue moneys, enuring the financial stability of the Boaré, and for such other purpotes a8 the Board may, (fom tin to time, determine {2)_The wns to be carried, from time to time, te the credit of each of the rserver and Tonds specified in subsections (1) and @), shall ‘bev such sume as may be determined bythe Board, (&) ‘Tae moneys comprised inthe reserves and funds referred to in subaections (1) and (2) may be applied in such manner 4s the Board may determine, 43. (1) Toe revenue of the Bowrd in any year shall be applied ia defying the following charges — (@ the working and establishment ‘expenses (including allocations to the” invurance reerve andthe epeciation reserve), in connexion with the exercise and performance of the powers and. duties of the Board, "propely chargeable 10 (A) the interen on any temporary toan raised by the board: (0) any sums required on account ofthe Payments tha! have to be made to the Government under paragraph (€) of section 39; (the interest due on Ceylon Electricity ‘Stock sued under seston 43, o he repayment of ‘any loan from the Government of any other source; and (Dany sums required on account of the fayment of dividend under Paragraph (dof section 39 (2) The surplus of the revenue of the Rourd in any year which eemains alter the charges mentioned ja subsection (1) have heen defeayed, shall be allocated to any one for more of the rererver and” funds tstablished under section 47, ©. (1) The Board shall cause proper accounts of ii income and expenditure end of als other wansactions to be Kept in form ‘conform to the. best ‘commercial standacds, and shall prepare an annual statement of accounts and statistics serio eee The Fnac Yat ha nce eo da carmmrning smh at eyo Tewny owe ear ~ ee ReconCEYLON ELECTRICITY BOARD felating to its business in auch: form and containing such particulars at the Minister, with the concurrence of the Minister in charge of the subject of Finance, may from time (o time specify. The financial year of the Hoard shall commence on such date a8 may be determined by the Roard.* (2) The accounts of the Board for each financial year shall be audited hy the Auditor-General. For the purpose of assisting him in the audit of sueh accounts, the Auditor-General may employ the services of any qualified auditor or auditors ‘who shall act under hit direction and contr, (3) For the purpose of meeting the ‘expenses incurred by him in the audit of the shall be paid by the Board such Femuneration as the Minister may. with the concurrence of the Minister in charge of the ‘subject of Finance, determine. Any nd by neral shall, after deducting ‘any sums paid by him to any qualified auditor employed by him fot the purposes of such be credited to. the Consolidated Fund, (4) The Auditor-General shalt examine the accounts of the Board and furnish a report— (0) stating whether he has oF hat not ‘obtained all the information and explanations required by him (b) stating whether the accounts referred ‘0 in the report are properly drawn ‘up so as to exhibit @ true and view of the affairs of the Board : and (6) drawing attention to any item in the Accounts which in hit opinion may be of interest to Parliament in any examination of the activities and accounts of the Board, (3) The Auditor-General sha his port tthe Hoard, (6) For the purposes of this séction, the expression "qualified auditor" means-- (0) an indivia of the I who, be ig = nembe Institute practise as an Accountant issued by ‘the Council of such Institute; oF (8) a firm of Accountants exch of the resident partners of which, being a member of the Tnstiute of Chartered Accountants of | Sri Lanka or of any other Institute established by law, possesses a certificnte 10 practise at an Accountant iesued by the Council of such Institute 50. The Auditor-General and any person assisting him in the audit of the accounts of the Board shall have access to all such books, deeds, contracts, accounts, ‘vouchers and other documents of the Board as the Auditor-General may consider necessary for the purposes of such audit, and shall be furnished by the Board or itt officers with such information within their Knowledge as may be required for such purposes, Si. (1) The Board shall, as soon as possible, after the end of each financial year of the Board, make to the Minister a report fon the exercise and performance by the Board of its powers and duties during that year and on its policy and programme, Such report for any year shall set out any direction given by the Minister to the Board during that year unless the Minister has notified to the Board his opinion that itis against the interest of national security to ‘do so. The Minister shall lay a copy of such report before Parliament (2) The Board shall, on receipt of the Augitor-General’s report in each year, transmit to the Minister (2) a copy of such report: and (2) a copy of the statement of accounts and statistics prepared under subsection (1) of section 49. (3) The Minister shall lay copies of the fepoxt and statement ceferred to in subsection (2) before Parliament owen of Seca ond vee ingore, (heme Senta tor peteCap. $38} CEYLON ELECTRICITY BOARD (6) The Board shal cause copies of the of the Hoard and of the Auditor: Generals report and. the statement of accounts and tatisice referred to. in Subsection (2) to be printed atthe expense ‘of the Board and to be made available for [pschase bythe public at sh price a shal be determined by the Board PART Vv TARIFFS AND CHARGES, eu iogs $2. (1) Subjet tothe provisions ofthis selise’ Ac, the prices to be charged by the Board for the supply of electrical energy by the Board shall be in accordance with such tariffs as may be fixed, from time to time, by the Board with the approval of the Government Provided, however, hat— A the tain force— (@) immediately prior to the date ofthe transfer tothe Board of the "Government Electrical Undertakings. in any aves of supply of such Undertakings (©) immediatly prior to the date ofthe transfer tothe Board of the electrical undertakings caried on by a lea! authority Jn its capacity at a licensee within the meaning. of the Electricity’ “Actin the authorized area of supply of ch censee, Shall continue ia. force and be deemed to be tarts Teed by the Board under this section “until varied of replaced by tarts fined by the Board in accordance with this seeion and (id) the preceding provisions of this section shall not preclude the Board from charging. special prices by agreement with any person or bod Q) Before any taste are fixed by the Board under subsection I), the Board shal w ‘by aotieation published in the Gazete ‘Be publicity to such tariffs and period of ‘one month shall be fixed by the Board to enable any person or body of local thority to make representations relaing to such tits 0) The ais Fixed by the Board under subsection (©) shall be published inthe Gazewe ana in such other manner as may “appear to the Board best calculated fo aive publicity to such tariff (h) shall come into force onthe date of ‘thee publistion im the Gazette oF fon such ater date at may. be speaied therein and (0) may include reat and other charges in respect of electtical ings provided by the Boar, 53. The Board, esate in fixing under section 52, shall freien fitornie reference faerie prophet Nipuiand ee tite appeccbeen Soe cocay the uantly af teh energy Soeeey seth Saeures bud sed ey ist ‘nad "te pepo fot ei oh stp tances S6. any question arse a8 10 whether Road c (eapplicnbe in any can, ov an ig to whieh ta shall termine th ia 10 applicable, the Bosed ‘question, and. such Binal and conclusive ‘determina hall 55. (1) Im this section, the expression eleccicity supply charge ” mewn the sm payable to the Board for electrical enerey supplied by the Board 2) (a) The electicny supply charge of 8 focal authority in respect of any month Shall be pid by auch authority (i) within period of thirty dy the date of the receipt by such authority af hil relating to such ‘hacge from the Board, of (i) where such authority, wpon receipt ‘of such Bill, disputes, under subsection (3), a part or the whole ofthe amount of such charge-—CEYLON ELECTRICITY BOARD (ea) in respect of the undisputed ‘part of such bill, within a period of thirty days from the ‘ae of receipt of the bill: and _ (0b) in espect of the disputed part ‘of such bill, within 2 period of thiny days from the date of the “final determination of such disputed part as hersinafter provided, (Hy A bill retaing to. the electricity ‘supply charge sent by the Board to a focat thority on the day on ‘Which that ill would have been delivered in the ordinary course of pos (3) Where a local authority receives a Dill from the Board for the payment of the electricity supply charge of such authority in ‘respect of any month, sich ina period of twenty-one days from the date of receipt by that authority af such bill, dispute a part or the whole of the amour of such charge by a written communication to that effect to the Board, Such communication shall specify the partion of such smount so disputed and the reasons therefor. 4 authority shall be entitled to dispute the amount of the electricity supply charge of such authori in respect of any month exeept under and in accordance ‘with subsection (1, (8) Where a part oF the whole af the ‘the electricity supply charge of hority in respect Of any month is disputed by such authority, such disputed part of the amount -- (2) shale Ginally determined by "agreement between the Board and sel authority, oF (6) in the absence of such agreement revind af thity days from date af the eee of a. communica dispate from such ration, and for ‘that purpose, the Board ix hereby required and avthorized to refer the ignite to arbitration through the Minister. (6) inal determination as, to the disputed part of the amount” of the cleetricity “supply charge of any” local authority, whether by agreement or on arbitration, shall be binding on the Board and such authority, (1) Where the electricity supply charge ‘of a Tocal authority in respect of any month {snot paid by such authority to the Booed within the peri its 0 required 10 be paid vnder subsection (2), the Chairman of the Bourd shall certify in writing the amount which is due from such authority on ‘account of such charge that has not heen 30 paid (Upon the production of a certificate lssued by the Chairman of the Bosrd under subsection (2) before any District Court or Primary Court within whose jurisdiction the whole or any part of the of Administration of the focal authority in ‘respect of which such certificate is issued is situated, according as the sum specified in such certificate exceeds or does not exceed fone thousand five hundred rupees, he court shall direct a writ of execution to issue to the Fiscal authorizing him and req property movable or Authority or such part thereof as may be ‘necessary for the recovery of that sum, and the provisions of sections 226 10 297 of the Civil Procedure Code* shall, mutauis ‘mutandis, apply to the execution of such writ and to suck seizure and sale (9) Where the Chairman of the Board issues the certificate referred to in subsection (7), be shall in writing notify the focal authority specified in the certifieate thatthe sum so specified is payable, but the of such notice by such local shall not invalidate the proceedings under this section (20) Nothing in the provisions of subseetions (8) and (9) of this section shall alfet or be deemed or construed to affect the right of the Board to recover in any ‘other manner any sum payable to the Board bby @ local authority on account of the * Vode ection 78 othe Primary Cours Proadure Ac (Cap. 538 *Cap, 538) Aepstins eo” 20 CEYLON ELECTRICITY BOARD Tescty sappy charge of that author, (11) Any vam die to the Board (rom a local autnorty tn cespect ofthe electricity ‘supply charge of that authority sall, foveithiending anything to the contrary in, ny other writen law, be the fist charge on ‘he moneys in the f4nd of that authority. PART VE General 6, (1) The Minister may mate regulations for the purpose of carrying out or giving effect to. tbe principles and provisions of this Aet. (@) In panicuar and without prejutice the generality ofthe powers conferred by subsection (1) the Mister may make Tegulation in respect ofall o¢ any one of {he folowing avers = {)_ acy mater required by this Act to be Prerribed of in tespect of which eglatona ate authorized by this ‘Astto be made; end (©) the prevention of theft of, or damage 0, ofthe comission of ausances fon, any property used bythe Board find the impiion of penalties om And the recovery of compensation Irom, persons responsible Tor sech ‘heft, damage or nuisance. (@) Every. regulation made by the Minister shall be published in the Gazette and shall come into operation onthe date of, Such publication or on such Inter date 38 tray be specified inthe repuatio, (4) Every regulation made. by the Miniter shall, ar 200m a8 convetient ater jie publenion in the Gazzte, be brought before Parliament for" approval. Any regulation which i nt 0 approved shall be deemed 10 be reriaded at from the date Of disapproval. but without prejudice to anything previously done thereunder. (5) Any person who contravenes the provisions of any regulation made under thie Act shall be gully of an ollence an fall, om conviction after summary ial Telore = Maghirats, be table 10 imprisonment of either description for a period eot exceeding one year of to a ine fot excreding one thousand fupecs. oF 10 both such imprisonment and fine. ‘7. (1). Where any immovable property in reed ko be neque for any PurDIMe tithe Roard and the Minister, by Order published im the Gazeue, approves of the Froposed acyuisition. thal property shall he Seemed toe required for « public purpose fand may accordingly be acquired wnder the and Acquisition At and be transferred (0 the Bod 12). Any sum payable for the acquisiton ‘of any immovable property under the Land ‘Requusition Aet forthe Board, shall be paid by the Bowed. 58. Any company or other body of persone ray, notwithstanding anything 10 Be conieay in any. writen law of Instrument lating to is functions, ener fine and perform or carryout all such auras and greerente with the Board 38 tay he necesary forthe performance ofthe dvi andthe exerie of the powers of the osrd 59. (1) No suit oF prosecution shall (2) agains the Roard for any act which in geod. faith is done or it fuported 10 be dane by the Bossd Sider this Act or (2) against any member, oie, servant ‘or agent of the Board for ay act ‘hich in good faith is done or i Prprted to be done hy him under This Act of an the direction ofthe Hoard 2)_Any expense incurted by the Board ja any suitor prosecution brought by or ‘agains! the Board beoce any cour shall be paid out of the funds ofthe Board, and any oats pad 0, or recovered by, the Board in fry teh sat oF prosecution. shall be ‘redid tothe funds of the Bob. (0) Any expense incurred by any such pers nee refetred to in paragraph (9) of fsbrection (0) im any suit prosecution Drone against hie before any court in Aceutont v Ser erCEYLON ELECTRICITY BOARD espect of any act which i done or fr purported to be done by him under thi Act fn the diretion ofthe Booed shal. the ‘court ods that such act was done in good faith, be pl st of the fonds of the ear, neaprace fe recavered by him th Sich suit or praetation Nort No wit agains person 07 property SEGMET™ shale lasieg “against member ef the peeps Beare in any action brought agent the Sorat Hoa cate 61 where any immovable propery of reread, the Sia i rexuied Tor the purpose of the ALG" Boat uch purpose bal be Jeemed tobe 8 npn for which a pei pant lent of {ch praperty may be made under seston 6 ot he Ste Lands "Oraianee tnd Aecordingy. ihe provisions of tha rdinance sal poly apecil grat ot ieee af uch propeny tothe Bos ‘ibowion 42. (A) Where any mater or dispute i eauicel to be eterted tn arration hy the Minster inter thie Ace ie eleted te Athitration heough the Minister nder this ‘Act. such mater or dispute shall Be s9 ‘efevied bythe Miniter, at anon os Procticahie, toa Board of Atbitration fonsising of ne arbitrator appeinied by Me Hoard, another abieator appointed by "he other pany to the maller or pute, and fan uinpte (who shall e appointed by the Minister Bethe Chaieman ofthe Road of Acbtrtion) agreed pon by. the. two Bubsestors ev. th the erent af am absence St such agreement within two month, ominaled by the Minister (2) In abe event of any difernce of vv anne the mesbers a the ow AArbiasion. the deciion oe determination ‘of the majority shall be the decison of thet Bosra ©) Regutations may be made = (2) in respect of al mates relaing 0 08 Connected withthe condact et Proceedings upon arbitration under this ection: and (6) proving forthe payment of fees tn ie pettons appeiaed. under tht (4) The dein oe determination feapeet "nf any Taller or Uupute shall be Tina and eonelotve 63. (Any perion who, unlawfully and maliiouny, does any at ubich asses rts Mikely to cause fulue of leticl ‘enecay supplied bythe Boar, shal be guilty ofan offence () Any pecson who lds or abets any ‘ther perion inthe commission of an offence under subsection (1), shal be guilty ofan offence, (Every person who it guilty of an fence under Subsestion (1), or subsection (2), shall upen conviction be Table to ‘Fgorous imprisonment for term. not ‘acceding Seven year. (8) Every offence under subsection (1) oF subsection (2) shally notwithstanding Anything inthe Code of Criminal Procedure Act, be a cogalzable offence within the ‘meaning and forthe purposes ofthat Act 64. 1) Wherever, in any provsion of any other written law oF in any notice, Permit communication, form of ‘het document. issued, made, requted or authorized by or under any other writen (the expression * Department of Government Elec Undertakings" occurs, there shall be aubstioted therefor, the exprestion “the Ceylon Eletricy Board ™ and (0) the expression “General Manager, Department of Government Etetreal "Undertakings" occurs here shall be subattated therefor, the expresion "General Mansger, (Ceylon lectricky Board” and accordingly, wherever in any such form or cinee document 10) the abbreviation * Department” is used t0 denote the Department of Government Eleneal Undertakings sch abbrevation shall he fead od {Cap. 538 sich ieneCap. $38) CEYLON ELECTRICITY BOARD onsrued as a reference (0 the Ceylon Electricity Board: and (i) the abbreviation“ General Manager” is used to denote the General Manager of the Government Electrical Undertakings, such abbreviation shall be read and construed. a a reference 10 the Geoecal Manager of the Ceylon retricty Board (2) The provisions of rubsection (1) shall take effect on the date on which the’ Government Electrical Undertakings are transferred to the Board onder section Tisnave 65. ‘The provisions ofthis Act shall have iret, effect sotwittanding anything contaised EX any otter writen laws and actordingi in the event of any conflict or inconsistency ‘been the provisions ofthis Act and such, ‘other Iai, the provisions of this Act thal prevail Iwereaion 66. In this Act, unless the context erwise requires Daparimest” means te Department of Government Electrical Undertakings “focal authority” means any Muni pal Couaclly Urban Council, esbiys focludes aay authority seated and established. by. oF lwoder any law to exerche, perform aod discharge the powers, duties Nore “Amended io he Bm Ay won ON Aes ood a uvemited tnd ucrporntad nh easy Rh ‘and functions correspondiag to or imilar to the powers, duties and functions, exercised,” performed ed discharged by any such Council” of Sabha; “Local Government Service". * Locat Government Service Adviser Board”, and™ member of the Loa Government Service" have the same meanings, respectively, a8 in the Local Government Service uw: Miniser in charge of the subject of Local Government™ means the Minister who is in charge of the subjects und functions relating to or ‘connected with Local Government Whether with 6 without any other subjets 0 fonctions: “prescribed” means prescribed by regulation; * pubic oicer has the sume meaning a ‘the Constitution; wer scheme” means a voluntary transfer scheme. pre section 20 ora compatzoryteanser scheme prepared under section 21¢ "tansferabie service ofthe Government ™ mins a erviee ofthe Government {0 which appointments are mad subject 10 transfer witha i