Sri Lanka Consolidated Acts

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Electricity ( Amendment ) Act (No. 59 of 1957) - Sect 2

Insertion of new sections 59A, 59B , 59C, and 59D in Chapter 205

2. The Electricity Act, hereinafter referred to as the " principal Act", is hereby amended by the insertion, under the heading " General ", immediately after section 59, of the following new sections which shall have effect as sections 59A, 59B, 59C and 59D, of that Act : -
59A. The Minister may by Notification published in the Gazette-
(a) in respect of the supply of energy to a local authority who is a licensee, fix, with the concurrence of the Minister of Finance and the Minister of Local Government, the charges for such supply ; and
(b) in respect of the supply of energy to any other person, fix, with the concurrence of the Minister of Finance, the charges for such supply.
59B. If there is any doubt as to which charge specified in a Notification made under section 59a is to apply in any case, the General Manager shall determine the charge that shall apply in that case, and his determination thereon shall be final.
59C.
(1) Where a bill of charges for energy supplied by the General Manager to a local authority is not disputed by the Chairman of that authority within twenty-one days after the date of the receipt of that bill at the office of that authority, the amount specified in that bill shall be the amount due to the General Manager from that authority on that bill.
(2) A bill of charges for energy supplied shall, when sent by post to the office of a local authority, be deemed to have been received at that office on the day succeeding that on which it would have been received in the ordinary course by post.
(3) Where the Chairman of a local authority informs the General Manager in writing, within twenty-one days after the date of the receipt at the office of that authority of a bill of charges for energy supplied to that authority, that such Chairman is disputing the amount specified in that bill, such Chairman and Manager shall, within fourteen days after the date of the termination of the said period of twenty-one days, select an arbitrator to determine the amount due on that bill.
(4) Where an arbitrator is selected under subsection (3) by the General Manager and the Chairman of a local authority, such Manager and Chairman shall, within seven days after the date of the selection of the arbitrator, refer the disputed bill to him for determination of the amount due thereon, and he shall, within fourteen days after the date of the reference of such bill to him, report his determination in writing to such Manager and Chairman. If the arbitrator determines that any amount is due on such bill, such amount shall be the amount due to the General Manager from the local authority to whom the energy referred to in such bill was supplied.
(5) Where-
(a) the General Manager and the Chairman of a local authority are unable to select an arbitrator to determine the amount due on a disputed bill, or
(b) an arbitrator selected by the General Manager and the Chairman of a local authority is unable to determine the amount due on a disputed bill,
(6) The arbitrator selected under subsection (5) shall, within fourteen days after the date of the reference of the disputed bill to him, report his determination in writing to the Permanent Secretary. If the arbitrator determines that any amount is due on such bill, such amount shall be the amount due to the General Manager from the local authority to whom the energy referred to in such bill was supplied.
(7) Every arbitrator selected under the preceding provisions of this section shall be paid by such persons and at such rates as may be prescribed.
(8) In this section, "Chairman" means-
(a) where the local authority is a Municipal Council, the Mayor of such Council, and
(b) where such authority is an Urban Council, a Town Council or a Village Council, the Chairman of such Council.
59D. The amount due to the General Manager from a local authority as charges for energy supplied to that authority shall, notwithstanding anything to the contrary in any other written law, be the first charge on the moneys in the fund of that authority.


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