45.
| (1) After the coming into operation of this Chapter and before a date to be specified for the purposes of this section, by the Minister by, order published in the Gazette, the Minister shall, in consultation with the Commissions persons representative of the electricity industry and persons likely to be effected by the reorganization, prepare a scheme for the reorganization of the electricity industry in Sri Lanka. |
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| (2) The objects of the prepared under subsection (1) shall to be -
| | (a) ensure that the functions of the Ceylon Electricity Board and the Lanka Electricity Company, relating to the generation, transmission (and bulk procurement) distribution and supply, of electricity are clearly separated and are discharged by separate companies incorporated for those purpose ; | | |
| | (b) enable each company so proposed to be incorporated to discharge its function with he maximum independence, efficiency and economy, whilst ensuring security of electricity supply to consumers. | | |
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| (3) The scheme prepared under subsection (1) shall -
| | (a) identify the functions presently discharged by the Ceylon Electricity Board and the Lanka Electricity Company ; | | |
| | (b) notionally separate the functions of the Ceylon Electricity Board and the Lanka Electricity Company into the following categories for the purpose of enabling the allocation of those functions to the companies proposed to be incorporated :-
| | | (i) hydro electric generation and thermal electricity generation ; |
| (ii) transmission (and power procurement) ; |
| (iii) distribution and supply ; |
| (iv) any other activities not captured in subparagraphs (i) to (iii) in such divisions as the Minister may see fit, including
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| | (c) determine the functions , if any, which shall continue to be discharged by the Ceylon Electricity Board and the Lanka Electricity Company and the period for which they are to be so discharged ; | | |
| | (d) allocate to the companies proposed to be incorporated, such officers and servants of the Ceylon Electricity Board and the Lanka Electricity Company ; | | |
| | (e) specify the companies proposed to be incorporated and their function, namely -
| | | (i) one company to take over the functions of the Ceylon Electricity Board relating to hydroelectric generation and thermal electricity generation ; |
| (ii) one company to take over the functions of the Ceylon Electricity Board relating to transmission and bulk procurement of electricity ; |
| (iii) three or more distribution companies ; |
| (iv) one or more companies to take over the other functions of the Ceylon Electricity Board and the Lanka Electricity Company ; |
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| | (f) contain such incidental and consequential provisions as may be necessary for the implementation of the scheme. | | |
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| (4) The scheme shall contain provision requiring any one or more of the companies proposed to be incorporated to enter into agreement with, or to execute instruments in favour of other companies so proposed to be incorporated or other specified persons, for the more effective discharge of their functions |
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| (5) Any duty imposed on a company proposed to be incorporated under be scheme shall be enforceable by or against such company after it is incorporated in pursuance of a direction under section 2 of the Conversion of Public Corporation or Government owned Business Undertakings into Public Companies Act, No 23 of 1987. |
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| (6) After the preparation of the scheme refereed to in this section the Minister shall notwithstanding anything to the contrary in any other law, cause the details of the scheme to be published in such manner as he or she considers appropriate for brining them to the attention of persons likely to be affected by the proposed reorganization . |
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Sri Lanka Consolidated Acts