2. Sections 20 to 25 of the Ceylon Electricity Board Act, No. 17 of 1969, as amended by Acts Nos. 31 of 1969 and 29 of 1979 (hereinafter referred to as the "principal enactment") are hereby repealed and the following sections substituted therefor:
| 20. The Minister may, on the recommendation of the Board, having regard to the need to provide a more efficient service to consumers within the area of authority of a local authority and for the rationalization of the supply of electricity, by an Order (hereinafter referred to as a "vesting Order") published in the Gazette, vest in the Board with effect from a date specified in the vesting Order (hereinafter referred to as the " vesting date "), the electrical undertakings carried on by a local authority in its capacity as a licensee under the Electricity Act, (Chapter 205). |
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| 21. The following provisions shall apply to electrical undertakings carried on by a local authority and vested in the Board by a vesting Order under section 20
| | (1)
| | | (a) All movable and immovable property of the local authority used for the purposes of the undertaking; |
| (b) Subject to the provisions of paragraph (c) all rights, obligations and liabilities of the local authority relating to, or connected with such undertaking and subsisting on the vesting date, |
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| | (2) All actions and proceedings instituted by or against the local authority relating to, or connected with such electrical undertakings and pending on the vesting date shall be deemed to be actions and proceedings instituted by or against the Board ; | | |
| | (3) All sums of money payable on the vesting date to the Board by the local authority in respect of electrical energy supplied in bulk by the Board less the sum of money due from the consumers of such local authority up to the vesting date shall be payable by such local authority to the Board. | | |
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| 22.
| | (1) With effect from the vesting date. the local authority referred to in the vesting Order which carried on an electrical undertaking in its capacity as a licensee under the Electricity Act, shall cease to be a licensee under that Act. | | |
| | (2) The provisions of subsection (1) shall have effect notwithstanding the provisions of the Electricity Act. | | |
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| 23.
| | (1) For the purpose of giving effect to a vesting Order, any officer of the Board authorized in writing in that behalf by the Chairman of the Board may, subject to the provisions of subsection (2), take possession of any property vested in the Board by such Order. | | |
| | (2) The officer referred to in subsection (1) shall, by notice in writing
| | | (a) inform the local authority that such officer intends to take possession of such property for and on behalf of the Board on such date and at such time and place as shall be specified in the notice, and |
| (b) require an authorized agent of the local authority to be present on the date and at the time and place so specified and to assist such officer to take possession of such property. |
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| | (3) After any property has been taken possession of by an officer of the Board under subsection (1), such officer shall send a certificate to the local authority to the effect that he has taken possession of such property. | | |
| | (4) The notice required to be given under subsection (2) shall be deemed to be given if it is sent by registered post to the local authority. | | |
| | (5) Any person who fails, without reason able cause, to comply with any requirement of a notice given under subsection (2), shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to imprisonment of either description for a period not exceeding one year, or to a fine not exceeding one thousand rupees, or to both such imprisonment and fine. | | |
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| 24.
| | (1) Every person who prevents or obstructs any officer of the Board from taking possession of any property for and on behalf of the Board under section 23 shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to imprisonment of either description for a period not exceeding one year, or to a fine not exceeding one thousand rupees, or to both such imprisonment and fine. | | |
| | (2) Where any officer of the Board authorized under section 23 to take possession of any property for and on behalf of the Board, is unable or apprehends that he will be unable to take possession of such property because of any obstruction or resistance that has been or is likely to be offered, he shall on making an application in that behalf to the Magistrates Court having jurisdiction over the place where that property is kept or situated, be entitled to an order of the court directing an officer of court to deliver possession of that property to him for and on behalf of the Board. | | |
| | (3) Where an order under subsection (2) is issued to an officer of court by a Magistrates Court, he shall forthwith execute that order and shall in writing report to the Court the manner in which that order was executed. | | |
| | (4) For the purpose of executing an order issued by a Magistrates Court under subsection (2), the officer of court acting under the direction of court may use such force as may be necessary to enter any place where any movable property to which the order relate; is kept and seize such movable property, or to enter any land, building or other structure to which that order relates and to eject any person in occupation thereof, and to deliver possession of such movable property, land, building or other structure to the person who is authorized to take possession thereof for or on behalf of the Board. | | |
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| 25.
| | (1) It shall be the duty of the Board to advise the Minister as to the exercise of his powers under section 20. | | |
| | (2) For the purpose of performing its duties under subsection (1), the Board may
| | | (a) hold such inquiries and inspect such movable or immovable property used for the purposes of any electrical undertakings carried on by a local authority as the Board may consider necessary; and |
| (b) direct such local authority, or any officer of such local authority, to furnish to the Board such particulars and other information as the Board may consider necessary relating to such undertakings, and to product for examination books or documents containing such particulars or information. |
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| | (3) It shall be the duty of a local authority or any officer of such local authority to comply with any direction issued to such local authority or such officer, as the case may be, by the Board under subsection (2). | | |
| | (4) Any officer of a local authority who without reasonable cause fails to comply with any direction issued to him under sub section (2), shall be guilty of an offence and shall, on conviction after summary trial be fore a Magistrate, be liable to imprisonment of either description for a period not exceeding one year, or to a fine not exceeding one thousand rupees, or to both such imprisonment and fine. | | |
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Sri Lanka Consolidated Acts