Section 62, The National Power Authority Act, 1982

When any electric wires, meters, fittings, installations or apparatus, belonging to the Authority have been placed in or upon any private premises for the purpose of supplying or measuring energy, and when any electric wires, meters, fittings, installations or apparatus, belonging to a licensee have been placed in or upon premises not owned or occupied by the licensee for the purpose of [illegible] 1982 supplying or measuring energy, such wires, meters, fittings, installations or apparatus shall not be subject to distress nor be liable to be taken in execution under any process of a court or in any bankruptcy or insolvency proceedings against any person. [Margin: Disconnection of supply of energy.] **63.** (1) Where any duly authorised employee of the Authority finds upon any premises evidence which in his opinion tends to prove that an offence has been committed under sub-section (3) of section 67 he may cause the supply of energy to be disconnected from such premises. (2) Notwithstanding the provisions of sub-section (1) where the energy is used by the consumer for business, professional or industrial purposes and the disconnection of the supply of energy would prevent the consumer from carrying on his business, profession or industry, the supply of energy shall not be disconnected without the approval in writing of the General Manager or any other officer authorised by the Authority in that behalf. (3) If the supply of energy has been disconnected under sub-section (1) or (2) it shall not be reconnected until the General Manager, or his duly authorised officer, at his discretion gives permission for re-connection: Provided that the period of any such disconnection shall not exceed one month. (4) No disconnection effected under sub-section (1) and no approval of such disconnection given by the General Manager or other officer under sub-section (2) shall be called into question in any Court other than the High Court. PART IX—OFFENCES [Margin: Use of energy supplied.] **64.** (1) No consumer shall use energy supplied to him by the Authority for purposes other than that for which it is supplied. (2) Any person who contravenes the provisions of this section shall be guilty of an offence under this Act. [Margin: Competent control.] **65.** (1) No installation or apparatus shall be worked or operated except by or under the control of persons possessing such qualifications and holding such certificates as may be prescribed and no person not possessing such qualifications or holding such certificates shall be in charge of any installation or shall control the operation of any apparatus. (2) Any person who contravenes any provision of this section shall be guilty of an offence and shall be liable to a fine not exceeding three hundred leones and, if the contravention be continued, to a fine not exceeding twenty leones for every day or part of a day after the first on which the contravention continues. No. 3 National Power Authority 1982 29 [Margin: Prohibition of employment of children.] **66.** (1) No licensee shall employ or permit to be employed on any service involving management of, or attendance on, or proximity to live apparatus not effectively insulated, any person under the age of sixteen years. (2) Any person who contravenes the provisions of this section shall be guilty of an offence and shall be liable to a fine not exceeding three hundred leones and if the contravention be continued to a fine not exceeding twenty leones for every day or part of a day after the first on which the contravention continues. [Margin: Offences.] **67.** (1) Any person who wilfully tampers with or adjusts any installation or part thereof as to cause or to be likely to cause danger to human life or limb or injury to any apparatus or other property shall be guilty of an offence and for each such offence shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding one thousand leones or to both such imprisonment and fine. (2) Any person who by reckless or negligent act or omission in respect of any installation under his control causes hurt to any person or injury to property shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding six hundred leones or to both such imprisonment and fine. (3) Any person who in any manner whatsoever dishonestly— (i) abstracts energy, or (ii) consumes energy, or (iii) uses energy, or (iv) alters the index of any meter or other instrument used in connection with any Authority installation or licensed installation for recording the output or consumption of energy, or (v) prevents any such meter or instrument from duly recording the output or consumption of energy, shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding two years, or to a fine not exceeding six hundred leones or to both such imprisonment and fine. (4) Any person who wilfully damages any meter or other instrument used on, or in connection with, any Authority installation or any licensed installation for recording the output or consumption of energy shall be guilty of an offence and shall be liable to a fine not exceeding two hundred leones. No. 3 National Power Authority 1982 (5) Any person who, without due authority in that behalf wilfully extinguishes or damages any public lamp, bracket or other means of support of a public lamp, or wilfully damages any property of the Authority shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding one thousand leones or to both such imprisonment and fine. (6) Any person who, without the consent of the Authority affixes or causes or permits to be affixed any advertisement, bill or notice or any paper against or upon, or otherwise defaces any property of the Authority or any post, bracket or other apparatus or the enclosure thereof used for or in connection with any Authority installation shall be guilty of an offence and shall be liable to a fine not exceeding one hundred leones. (7) Any person who wilfully or negligently— (*a*) causes energy to be diverted from its proper course or to be wasted, or (*b*) breaks, throws down, causes to fall or damage any supply line or any post, pole or other apparatus connected with the supply of energy, shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding two hundred leones or to both such imprisonment and fine. (8) Any person who obstructs or impedes any officer or servant of the Authority in the exercise of his duties under this Act or any Regulations made hereunder, or fails to comply with any order lawfully given in pursuance of this Act or such Regulations shall be guilty of an offence and shall be liable to a fine not exceeding one hundred leones and, in the case of a continuing offence, to a fine not exceeding twenty leones for every day or part of a day after the first during which the offence continues. (9) Any person who, in contravention of the provisions of Part III, supplies energy from an installation to or for the use of any other person shall be guilty of an offence and shall be liable to a fine not exceeding six hundred leones and, if the contravention be continued, to a fine not exceeding twenty leones for every day or part of a day after the first during which the contravention continues. (10) Any licensee who, without express authority from the Authority in that behalf, supplies energy or lays down any supply line or constructs any installation outside the area of supply specified in his licence shall be guilty of an offence and shall be liable to a fine not exceeding three hundred leones and any such unauthorised supply line or installation may, after conviction under this sub-section in [illegible] respect thereof, be removed by order of the Authority and the reasonable cost of such removal may be recovered from the licensee as a civil debt. [Margin: General penalty.] **68.** Any person guilty of an offence under this Act, for which no penalty is expressly provided shall be liable to a fine not exceeding two hundred leones and, in the case of a continuing offence, to a fine not exceeding twenty leones for every day or part of a day after the first during which the offence continues. [Margin: Onus of proof.] **69.** (1) In any prosecution for an offence under sub-section (3) of section 67, proof of— (*a*) the existence of artificial means which, whether alone or in conjunction with additional artificial means not found, could be used for altering, or facilitating the alteration of, the index of any meter or instrument for registering the quantity of energy supplied; or (*b*) the existence of artificial means which whether alone or in conjunction with additional artificial means not found, would prevent, or facilitate the prevention of, any meter or instrument from duly registering the quantity of energy supplied or would facilitate the dishonest abstraction, consumption or use of energy; or (*c*) the fitting of any mechanical or other means to or the absence or removal of any part or connection from, or the interference with any part of, or connection with, any apparatus in such circumstances that such fitting, absence, removal or interference would prevent or facilitate the prevention of any meter or other instrument from duly registering the quantity of energy supplied, or would facilitate the dishonest abstraction, consumption, or use of energy; shall be *prima facie* evidence that— (i) there has been dishonest alteration of the index of any meter or instrument, or prevention, abstraction, consumption or use, as the case may be; and (ii) such dishonest alteration, prevention, abstraction, consumption or use, as the case may be has been carried out by— (*a*) the person fitting such artificial, mechanical or other means as aforesaid; or (*b*) the person removing any such part or connection as aforesaid; or (*c*) the person interfering with any such part or connection as aforesaid; or (*d*) the consumer using such meter or instrument; or (*e*) the person having control of the installation where it is fixed, or that such person or consumer has abetted the offence of such alteration, prevention, abstraction, consumption or use as the case may be. (2) In any prosecution of a person under sub-section (6) of section 67 in respect of an advertisement, bill or notice which refers to him or to affairs conducted or owned by him such reference shall constitute *prima facie* evidence that he permitted the affixing of the adverisement, bill or notice in question. [Margin: Compensation for damage.] **70.** (1) Any person who removes, destroys or damages, whether wilfully or otherwise, any installation or any part thereof, or any public lamp or any post, bracket or other means of support of a public lamp, or any instrument used in connection with any installation for recording the output or consumption of energy, shall, in addition to any penalty to which he may be liable under this Act, be liable to pay full compensation for the damage he has done and such compensation shall be recoverable by civil action or suit before any court of competent jurisdiction. (2) Without prejudice to the provisions of sub-section (1) any court before which a person is charged with an offence under this Act may assess the compensation payable under this section and may make an order for the payment of the same. Any such order may be enforced as if it were a judgment in a civil action or suit. [Margin: Inspection of premises.] **71.** (1) Subject to the provisions of sub-section (2) a duly authorised officer or servant of the Authority may enter upon the premises in or upon which any apparatus may be, at any time between the hours of six o'clock in the morning and six o'clock in the afternoon and also at any time when the apparatus may be at work, and may seize any article or thing which is reasonably suspected to be an article or thing concerning an offence under this Act, or by which such an offence has been committed. (2) Such duly authorised officer or servant seeking to enter any premises under the powers conferred by sub-section (1) shall carry, and shall produce on demand, an official identification card or badge in such form as may be determined by the Authority, and no person shall be obliged to admit to his premises any person No. 3 National Power Authority [illegible] purporting to be an officer or servant of the Authority except on production of such identification card or badge as hereinbefore provided. PART X—REGULATIONS [Margin: Regulations.] **72.** The Authority may, with the approval of the Minister make Regulations to prescribe— (*a*) the minimum standards and specifications which shall be used in the design, construction, protection and maintenance of installations and apparatus, the conditions under which any installation or apparatus shall be worked or operated and the prohibition of the use of dangerous apparatus; (*b*) the manner in which energy shall be measured and the standards of measurement which shall be employed and the manner in which energy is permitted to be, or is prohibited from being used; (*c*) the standards to be adopted for measurement of dimensions of installations and apparatus; (*d*) the qualifications to be possessed by persons, before they may be entrusted with the construction, erection, repair or alteration of any installation or apparatus or with the charge of any installation or the control of the operation of apparatus; (*e*) the nature of the tests to be employed for ascertaining whether persons possess the qualifications prescribed by Regulation under paragraph (*d*), the form and period of validity of certificates to be issued to persons found to possess the said qualifications and the fees to be paid for such tests and certificates. (*f*) the measures to be taken and the fittings to be supplied and used in connection with installations in order to secure public and private safety; (*g*) the manner of holding an enquiry under this Act; (*h*) the form of notices and the manner of service thereof; (*i*) the means to be adopted, whether by prohibition or otherwise, to prevent or abate any nuisance likely to arise or arising from the working of any installations or apparatus; (*j*) any other matter required to be prescribed by this Act or which may appear to be expedient for the better carrying out of the provisions of this Act, or for securing the safety of the public; (*k*) any fees to be prescribed under the provisions of this Act. [Margin: Regulations of the Authority.] **73.** (1) With exclusive reference to installations or to apparatus belonging to or operated by the Authority and to energy supplied therefrom, the Authority may make Regulations— (*a*) prescribing the form of application for energy, the manner of effecting the supply of energy, and the incidence of the charges in respect of the cost of connecting the consumer's premises with the mains; (*b*) prescribing the methods to be adopted for the supply and use of energy, the security to be furnished by consumers and the conditions for the discontinuance of the supply in cases where the consumer fails to observe the requirements of this Act or of any Regulations made hereunder or is in arrear with his payments of any proper charges or uses defective fittings, and also in other cases where such discontinuance may be deemed necessary or advisable; (*c*) prescribing the general conditions of sale or letting on hire of electrical equipment of all kinds; (*d*) regulating the method of wiring in premises, the type of apparatus that may be used, and such other matters as may appear expedient. (2) The Authority may also make Regulations prescribing— (*a*) the method to be adopted for the approval and registration by the Authority of wiring contractors and the fees to be paid for such registration; (*b*) the intervals, times and manner in which any installation or apparatus shall be inspected, the notice (if any) to be given in relation to inspections and the preparations to be made by licensees for such inspections; (*c*) the class or design, or classes or designs of wires, fittings and apparatus to be used by consumers and the manner in which such wires, fittings, and apparatus shall be erected, fixed, arranged, protected, controlled, inspected, tested and maintained; [illegible] National Power Authority 1982 35 (*d*) the precautions to be taken on the relief of persons in control of apparatus and the manner of notifying the Authority of the names and qualifications of persons placed in control of installations and of the operation of apparatus; (*e*) the manner of calculating the power of generators and motors. PART XI—MISCELLANEOUS [Margin: Rates.] **74.** Supply lines shall not be regarded as hereditaments or tenements to be valued for rating purposes. [Margin: Stamp Duty Cap. 274.] **75.** The Minister of Finance may direct that the Authority be exempt from the payment of any stamp duties under the Stamp Duty Act. [Margin: Powers of Minister.] **76.** The Minister shall have the power to obtain information with respect to the property and activities of the Authority and be furnished with returns, accounts and other information with respect thereto, and to be provided with facilities for the verification of information furnished in such manner and at such time as he may require. [Margin: Repeal and saving. Act No. 5 of 1964. Vol. VII page 1284.] **77.** On Vesting Day, the Electricity Corporation Act, 1964 shall be repealed: Provided that the Electricity Rules and any licence granted and in force before Vesting Day shall continue in force and have effect with all such modifications as may be necessary to bring them into conformity with the provisions of this Act until such Rules are revoked or replaced by Regulations made under this Act or until such licence is suspended, cancelled or replaced by a licence granted under this Act. Passed in Parliament this *29th* day of *January*, in the year of our Lord one thousand nine hundred and eighty-two. J. W. E. DAVIES, *Clerk of Parliament.* THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed Parliament and found by me to be a true and correctly printed copy of the said Bill. J. W. E. DAVIES. *Clerk of Parliament.*