[PRINCIPAL LEGISLATION]
ARRANGEMENT OF SECTIONS
Section
Title
1. Short title.
2. Interpretation.
3. Application of Act.
4. Power to grant licence.
5. Power to expropriate land.
6. Extent and scope of licence.
7. Supply of electricity outside area of supply or outside Tanzania.
8. Provisions which may be contained in licence.
9. Establishment of licensing board.
10. Appointment and duties of electric inspector.
11. Licensee to carry out works.
12. Plans to be approved by the Authority.
13. Map of area of supply to be made.
14. Obligation on licensee to supply electricity.
15. Supply of electricity to public lamps.
16. Supply for private purposes.
17.-18. [Repealed.]
19. Equality of treatment.
20. Special agreements.
21. Licensee not to prescribe special form of lamp or burner.
22. Meter testing station.
23. Licensee to provide recording and other instruments.
24. Meter to be used except by agreement.
25. Licensee to let meters.
26. Licensee to keep in repair meters let for hire.
27. Consumer may install meter.
28. Provision of separately and jointly owned meters.
29. Meters not to be altered as to any adjustment without notice.
30. Licensee may place additional meters.
31. Differences as to accuracy of meter to be settled by an electric inspector.
32. Licensee to pay expenses of providing new meters where method of charge altered.
33. Licensee to give facilities for testing.
34. Prohibition of connection with earth and power of Authority to interfere in certain cases of default.
35. Notice of accidents.
36. Wayleaves over land and power of licensee in construction of works.
37. Conditions and matters affecting grant of wayleaves.
38. Support for aerial lines.
39. Owner or occupier may require alteration of works.
40. Notice to be served on local authority before breaking up streets or opening drains.
41. Conditions as to superintendence of breaking up of streets.
42. Streets, sewers, drains or tunnels broken up to reinstated without delay.
43. Power to require alteration of poles, or pillars, already laid or erected.
44. Alteration of pipes or wires.
45. Laying of electric supply-lines or other works.
46. Protection of telegraph lines.
47. Protection of Railways' telegraph lines.
48. Temporary aerial lines.
49. Removal of trees interfering with transmission of electricity
50. Compensation for damage.
51. Point where supply is delivered.
52. Power for licensee to enter premises.
53. Conditions under which supply may be declined.
54. Security for payment.
55. Representation of licensee at testing.
56. Right of appeal against inspector's report.
57. Method of charging.
58. Maximum prices.
59. Other prices to be published.
60. Minimum charges.
61. Payment of charges in foreign currency.
62. Price for supply to public lamps.
63. Maximum power.
64. Variation of voltage.
65. Payments in arrears.
66. Theft of electricity.
67. Maliciously wasting electricity or injuring works.
68. Penalty for interference with meters or licensee's works or for improper use of electricity.
69. Extinguishing public lamps.
70. Negligently wasting electricity.
71. Penalty for illegal or defective supply or for non-compliance with orders.
72. Electricity not to be supplied without a licence or authority except in the case of small plants.
73. Penalty for failure to supply electricity.
74. General penalty on licensee.
75. Revocation of licence.
76. Conditions in lieu of revocation of licence subject to conditions.
77. Saving of remedies.
78. Right of licensee to discontinue supply.
79. Discontinuance of supply to consumer neglecting to pay charge.
80. Exemption of electric supply-lines or other apparatus from attachment in certain cases.
81. Service of notices, orders or documents.
82. Determination of dispute in accordance with EWURA Act.
83. Protection for acts done in good faith.
84. Power to make rules.
85. Power of licensee to make by-laws.
86. Annual accounts of licensee.
87. All enactments before EWURA to have effect of law.
88. The rights of the Minister to vest in the Authority.
CHAPTER 131
ELECTRICITY ACT
An Act to facilitate and regulate the generation, transmission, transformation, distribution, supply and use of electricity for lighting and other purposes.
[30th October, 1931]
Ords. Nos.
32 of 1931
24 of 1934
33 of 1935
16 of 1937
53 of 1952
25 of 1953
3 of 1957
Acts Nos.
13 of 1961
15 of 1975
10 of 1986
11 of 2001
This Act may be cited as the Electricity Act.
In this Act, unless the context otherwise requires–
"aerial line" means any electric supply-line which is placed above ground and in the open air.
"Authority" means the Energy and Water Utilities Regulatory Authority or EWURA in its acronym established by section 4 of the Energy and Water Utilities Regulatory Act *;
"compulsory zone" means a zone in any area of supply in which the licensee is obliged to lay and maintain mains and distributing mains, in accordance with the provisions of section 16;
"consumer" means any person entitled to be supplied with electricity by a licensee or whose premises are for the time being connected with the works of a licensee and for the purposes of supply of electricity;
"consumer's terminal" means the end of the electric line situated upon any consumer's premises and belonging to the consumer by which the supply of electricity is delivered from the service lines;
"daily penalty" means a penalty for each day on which an offence is continued after conviction;
"development zone" means a zone in any area of supply in which the licensee is obliged to lay and maintain mains and distributing mains, in accordance with the provisions of section 16 and includes an area where any or all consumers may be required to enter into a contract of guarantee in accordance with the provisions of that section;
"distributing main" means the portion of any main with which a service line is connected or is intended immediately to be connected;
"earthed" means connected to the general mass of earth in such a manner as to ensure at all times an immediate and safe discharge of electricity to earth;
"electric supply-line" means a wire, conductor or other means used for the purpose of conveying, transmitting or distributing electricity together with any casing, coating, covering, tube, pipe or insulator enclosing surrounding or supporting the same wholly or in part and includes any apparatus connected therewith for the purpose of conveying, transmitting or distributing such electricity;
"electricity" means electrical electricity when generated, transmitted, supplied or used for any purpose except the transmission of a message;
"general supply" means the general supply of electricity to ordinary consumers and includes, unless otherwise agreed upon with a local authority, the general supply of electricity to the public lamps, where the local authority is not itself the licensee, but shall not include the supply of electricity to any one or more particular consumers under special agreement;
"licence" means a licence granted under section 4;
"licensee" means any person who has been granted a licence under section 4;
"local authority" means a local government authority as defined in the Local Government District Authorities Act;
"main" means any electric supply-line through which electricity is or is intended to be supplied by a licensee to the public;
"ordinary consumer" means any consumer other than a special consumer;
"power" means electrical power or the rate per unit of time at which electricity is supplied;
"private purpose" includes any purposes other than public purposes to which electricity may for the time being be applicable, but does not include the transmission of a message;
"public lamp" means any electric lamp used for the lighting of any street;
"public purpose" means lighting any street or any place belonging to or subject to the control of a local authority or any place of public worship or any hall or building belonging to or subject to the control of any public authority, or any public theatre, but does not include any other purpose to which electricity may be applied;
"residual zone" means any part of an area of supply which is not contained within a compulsory zone or a development zone;
"service line" means any electric supply-line through which electricity is or is intended to be supplied by a licensee–
(a) to a consumer either from a distributing main or immediately from the premises of the licensee;
(b) from a distributing main to a group of consumers on the same premises or on adjoining premises supplied from the same point of the distributing main;
"special agreement" means any agreement for the supply of electricity made between any licensee and any consumer, which, by reason of any peculiarity in supply or demand, contains some special term or condition as to the nature or power factor of the load, time of supply, price, quantity to be and consumed, period or otherwise, which term or condition is not reasonably applicable to every consumer of any general class of supply;
"special consumer" means any person who has entered into a special agreement with any licensee;
"street" includes any square, bridge, highway, lane, road, thorough-fare or public passage or place within the area specified in the licence;
"telegraph line" means any telegraphic or telephonic line or other apparatus operated by the Postmaster-General and also includes all telegraph, telephone and electric signal wires operated under the direction of the General Manager of Tanzania Railway Corporation;
"works" includes distributing mains, electric supply-lines, poles, pillars, lamps, street boxes, machinery, buildings, earth and water works, and any apparatus or other works of whatsoever description required for the generation, transmission, transformation, distribution, or supply or electricity;
"zone" means any of the areas defined as compulsory zones, development zones and residual zones.
The provisions of this Act shall apply to any person who may, by any licence granted under this Act, be authorised to supply electricity within any area in Tanzania.
Provided that where a licence is granted under this Act for a period not exceeding ten years the Authority may by order declare that all or any of the provisions of this Act shall not apply to the person to whom such licence is granted.
(1) The Authority may grant to any person a licence which may be exclusive, authorising such licensee to supply electricity within any area in Tanzania, as may be specified in the licence, on such terms as the Authority may deem fit.
(2) The area to which any licence granted under subsection (1) of this section relates, to be referred to as the area of supply, shall be delineated on a map to be annexed to the licence showing in distinctive colours the compulsory, development and residual zones of such area of supply or shall be otherwise defined in such manner as the Authority may think fit.
(3) The period for which any licence may be granted shall not exceed fifty-five years.
(4) Without prejudice to the provisions of section 75 the Authority may at any time–
(a) delete from the area of supply the whole or any part of any residual zone;
(b) alter or vary either the whole or any part of the boundaries between any zone within any area of supply;
(c) alter or vary the boundaries of any area of supply;
(d) within any area of supply declare that the whole or part or any part of the area of supply any zone shall become part of any other zone and the licence for the supply of electricity in that area shall be deemed to be amended accordingly as from the date of such order.
(1) Where any land is required by any licensee in order to fulfil the obligations imposed by a licence and such licensee has been unable to acquire such land by mutual agreement with the owner of any estate in such land, the President may by notice in the Gazette declare that such land is required by such licensee in order to fulfil such obligation, the acquisition of such land by the President or by any person authorised to acquire under subsection (2) of this section for such purposes, shall be deemed to be acquisition for a public purpose within the meaning of the Land Acquisition Act *.
(2) In any case where the licensee seeking to acquire land under subsection (1) of this section, is a company, such company, notwithstanding anything contained in section 4 of the Land Acquisition Act *, may exercise the powers of the Land Acquisition Act for the acquisition of such land and the powers and duties conferred and imposed upon the President and the Authority by the Act, shall be exercised in respect of the acquisition of such land by or on behalf of such company.
6. Extent and scope of licence
(1) The licence may include provisions relating to all or to any portion of the work necessary for generating electricity, either by fuel or head of water and for governing the transmission, transformation, distribution and supply of electricity, together with all ancillary works.
(2) The licence may confer upon the licensee the right to acquire land and wayleaves, to use natural water supplies, to construct waterways and pipe lines to erect buildings and plant, to break and open up streets to lay and erect electric supply-lines whether aerial lines or underground cables and, all other rights which may be necessary to give effect to the purposes of the licence.
7. Supply of electricity outside area of supply or outside Tanzania
(1) It shall not be lawful for the licensee to supply electricity outside the area of supply or to any person within any area of supply for the purpose of such person exporting such electricity outside Tanzania, except under the authority of the Authority as provided in this section.
(2) The Authority may, by order in writing and subject to such conditions and restrictions, as the Authority thinks fit to impose, authorise any licensee to supply electricity to any person outside the area of supply, whether within or outside Tanzania or to any person within the Tanzania for the purpose of such person to export such electricity outside Tanzania, and to authorise the laying down or the placing of electric supply-lines and any other works for that purpose:
Provided that–
(a) no such authority shall be conferred on the licensee within the area of supply of another licensee without the consent of the first mentioned licensee unless the Authority considers such consent has been unreasonably withheld;
(b) such authority shall not be conferred unless the person to whom the supply is to be given has entered into a specific agreement with the licensee for the taking of such supply;
(c) a licensee on whom such authority has been conferred shall not be deemed to be empowered outside the area of supply to open or break up any street, sewer, drain or tunnel in or under any street, railway or tram way or to interfere with any telegraph line, without the written consent of the local authority or person by whom such street, sewer, drain or tunnel is repairable or of the Tanzania Telecommunication Company or of the Director-General of the Tanzania Railways Corporation as the case may be, unless the Authority, after such inquiry as the Authority thinks fit, considers that such consent has been unreasonably withheld;
(d) except as provided in this section, the provisions of this Act shall apply in the case of supply authorised under this section as if the supply was made within the area of supply.
(3) The Authority may, by order in writing and subject to such conditions and restrictions as the Authority thinks fit to impose, authorise any person who receives a supply of electricity from any licensee, to export all or any part of such electricity to any place outside Tanzania as may be specified in such authorisation.
8. Provisions which may be contained in licence
Any licence under this Act may contain provisions relating to any or all of the following matters–
(a) the sequence and manner in which the works are to be executed, the period within which each portion of the works is to be completed and the condition for securing the due execution of the works;
(b) the period for and the terms upon, which the licence is granted including the terms and conditions upon which the undertaking shall be surrendered to the Government at the expiration of a specified period or and the extension of the period of the licence and the conditions governing such extension;
(c) the exercise by the Authority of such financial and technical supervision over the operations of the licensee as may be necessary for the purpose of ensuring due and proper working of the licence;
(d) the limitation of the profits of the licensee and the setting aside of such sums for amortisation, depreciation and reserve, as may be specified;
(e) the purchase of the undertaking by the Government at a specified period during the life of the licence and the terms upon which the purchase is to be made;
(f) the determination of the rights under the licence in case of default on the part of the licensee in carrying out the provisions of the licence or in case of his insolvency and for the procedure in that event;
(g) the revocation of the licence where the licensee is in default or is bankrupt or goes into compulsory or voluntary (excepting a voluntary liquidation for the purpose of bona fide reconstruction or where the licensee makes an application for revocation, or where the works are not executed and, for the procedure in the event of revocation;
(h) the maximum rates to be charged for the supply of electricity to consumers, the system and mode of supply and penalties for failure to supply.
9. Establishment of licensing board
(1) The Authority, may establish a licensing board consisting of such number of persons as the Authority may consider necessary, for the purpose of examining, licensing and registering electrical installation contractors, wiremen and other operators in connection with whose work the provisions of this Act apply.
(2) The licensing board shall have the power to remove from the register the name of any electrical installation contractor, wireman or other operators committing a breach of this Act or of the rules made under this Act and shall have such other powers and perform such other duties as may be prescribed.
10. Appointment and duties of electric inspector
(1) The Authority may, from time to time, appoint one or more fit and proper persons to be electrical inspectors for the purposes of this Act.
(2) It shall be the duty of an electric inspector–
(a) to supervise the construction of works and the erection of electric lines and plant, to inspect and test the electric lines and plant after construction with a view to ensuring that the works are in accordance with the terms of this Act and the rules made under the Act;
(b) to conduct an inquiry into the cause of any accident affecting the safety of the public, if directed by the Authority;
(c) to examine and test any meter intended for ascertaining the value of the supply, upon being required to do so either by the licensee or by a consumer and to settle any dispute which may arise between the licensee and the consumer concerning the accuracy of the meter;
(d) to test the variation of pressure on the consumer's terminals if and when required by any consumer or to make such other inspection and testing of the service lines, apparatus and works of any licensee upon the consumer's premises as may be necessary to ascertain whether the licensee has complied with the provisions of this Act or of the rules made under the Act or of the licence;
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(e) such other duties as may be required of electric inspector under the provisions of this Act or of the rules made under the Act.
(3) Any electric inspector shall have the right of access at all reasonable hours to any of the premises of the licensee and may require any licensee to furnish such information and to produce such documents or records for the information of the electric inspector, as will enable the electric inspector to determine whether the provisions of this Act or of the rules made under the Act or of the licence, are being complied with and upon informing the licensee of that intention, the electric inspector shall have the right of access to all standard instruments for the purpose of testing the accuracy of meters or other instruments.
(4) Any electric inspector may at all reasonable times and upon informing the occupier of that intention enter any premises to which electricity is supplied for the purpose of inspecting and testing the electric supply lines, service-lines, meters, fittings, works and apparatus for the supply and use of electricity installed in the premises and of ascertaining if the provisions of this Act or of the rules made under the Act, are being complied with.
11. Licensee to carry out works
Subject to the provisions of section 12, the licensee shall carry out works connected with the generation, transmission, transformation, distribution and supply of electricity in the manner and within such period as may be specified in the licence and shall carry out so much of the distribution work in any part of the area of supply, as may be required by the Authority subject to such terms and conditions as may be prescribed in the licence.
12. Plans to be approved by the Authority
(1) The licensee shall before executing any of the works referred to in section 1, submit for the approval of the Authority, copies of the following–
(a) plans and drawings to a scale of not less than one in ten thousand showing the site of any works and the boundaries of all public and private property directly affected by the construction of the works;
(b) plans and drawings to a scale of not less than one in five hundred, of dams, weirs, canals, reservoirs, tunnels, or headworks;
(c) plans to a scale of not less than one in sixty-five thousand, showing the route of distributing mains and electric supply lines;
(d) plans and drawings of power houses to a scale of not less than one in two hundred and fifty;
(e) plans of the distribution system within the area of supply to a scale of not less than one in two thousand.
(2) The Authority shall notify the licensee his approval, disapproval of or objection to any plans or amended plans and drawings, within three months as from the date submitted.
(3) If the approval of the Authority is not received in respect of the plans at the expiration of three months after the plans have been submitted, the plans shall be deemed to have been approved and the licensee shall be at liberty to execute the works and the provisions of this subsection shall also apply to any amended plans and drawings which the licensee may have submitted to the Authority for approval.
13. Maps of area of supply to be made
(1) The licensee shall after commencing to supply electricity, cause–
(a) a map to be made of the area of supply to a scale of not less than one in two hundred and fifty thousand;
(b) to be marked on the map, the position of all distributing mains;
(c) plans to be prepared of each township area in which distributing mains have been laid to a scale of not less than one in two thousand showing the position of all aerial and underground lines;
(d) to be marked on the plans, the depth of the underground lines below the surface; and where practicable after the lines have been laid to be marked on plans all extensions;
(e) from time to time and as soon as may be practicable after the lines have been laid, all extensions to be marked on the plans.
(2) Every map or plan so made or corrected pursuant to section 12 and this section, marked with the date when it was made or last corrected or a copy of the map or plan shall be kept by the licensee at his principal office in Mainland Tanzania and shall at all reasonable times be open to the inspection of any officer authorised by Authority or of the local authority and the Commissioner for Lands and Surveys shall at a reasonable charge supply to the licensee copies of the necessary maps, if available or any information which may be available to enable such maps to be prepared.
(3) The licensee shall, if required by an officer authorised by the Authority supply a copy of any such map or plan kept in accordance with this section and in any case where the area of supply is within the boundaries of a local authority shall if required, supply such local authority with a copy of such map or plan.
14. Obligation on licensee to supply electricity
Where electricity is supplied by a licensee, every person within the area of supply shall, except in so far as is otherwise provided by the terms and conditions of the licence, be entitled to a supply on the same terms as those on which any other person in the same area is entitled in similar circumstances, to a corresponding supply.
15. Supply of electricity to public lamps
Where the local authority is not itself the licensee, the licensee shall, upon receiving reasonable notice from the Authority or from the local authority requiring the licensee to supply electricity to any public lamps within the distance of 225 feet from any distributing main of the licensee in which the licensee is for the time being required to maintain a current of electricity for the purposes of general supply under the licence or rules, give and continue to give a supply of electricity to those lamps in such quantities as the Minister or the local authority, as the case may be, may require to be supplied.
16. Supply for private purposes
(1) In any compulsory zone the licensee shall make available a general supply of electricity to all ordinary consumers requiring such supply and shall install and maintain such mains and distributing mains, including transformers, as are in the opinion of the Authority, necessary to provide such supply and no charge shall be made to owners or occupiers of premises in any compulsory zone supplied under that supply in respect of mains and distributing mains, including transformers, and the licensee shall install any service line which may be necessary for the purpose of supplying the maximum power with which any such owner or occupier is entitled to be supplied under the licence:
Provided that the cost or, in any case where a scale of charges for such purpose has been submitted by the licensee and approved by the Authority, an amount calculated according to such scale to represent the cost, of so much of any electric supply-lines for the supply of electricity to any owner or occupier as may be laid or erected upon the property of that owner or the property in the possession of that occupier and so much of any such electric supply lines as it may be necessary to lay or erect for a greater distance than 60 feet from any distributing main of the licensee although not on that property, for the purpose of such supply, shall, if the licence so requires, be refunded by that owner or occupier.
(2) In a development zone the licensee shall make available a supply of electricity to all ordinary consumers requiring such supply and shall install and maintain such mains and distributing mains, including transformers, as are in the opinion of the Authority, necessary to give such supply and the provisions of subsection (1) shall apply in relation to the conditions for the supply of electricity to the consumers and in addition, the licensee may require a guarantee, which may include a deposit or other security, from any consumer that such consumer shall, for a period not exceeding seven years, receive and pay for the supply of electricity at such rate that the annual payment to be made under such guarantee shall be an annual sum, to be specified in the guarantee, which sum shall not exceed twenty per centum of the actual capital cost incurred by the licensee for providing and erecting or laying down the required additional electric supply lines:
Provided that–
(a) where a supply is given in whole or in part from lines which are already subject to a similar guarantee from another consumer and such guarantee is still in force, the licensee shall apportion the remaining annual sums guaranteed under the first guarantee between the first and such subsequent consumers and the licensee shall require each such subsequent consumer to enter a guarantee accordingly and any dispute between any consumers or between the licensee and any consumer under this subsection shall be referred an electric inspector or to such other person as the Authority may in any special case appoint, who shall adjudicate upon such dispute and the decision of such electric inspector or such other person thereon shall be final and binding between the parties:
(b) in calculating such annual sum, any other item of outlay including the cost of additional works for generation or transmission, involved in providing the supply required by any consumer, may also be taken into account if and so far as, the Authority may approve according to the circumstances of each case;
(c) the consumer may by agreement with the licensee make a capital payment in satisfaction or reduction of any guarantee.
(3) In residual zone the licensee shall make available a supply of electricity to all ordinary consumers requiring such supply and shall install and maintain such mains and distributing mains, including transformers, as are necessary, in the opinion of the Authority to give such supply and no charge shall be made to any such consumer and the provisions of subsection (1) shall apply in relation to the conditions for the supply of electricity to the consumers and in addition, the licensee may require a guarantee, which may include a deposit or other security, from any consumer that such consumer shall, for a period not exceeding seven years, receive and pay for the supply of electricity at such rate that the annual payment to be made under such guarantee shall be an annual sum, to be specified in the guarantee, which sum shall not exceed thirty per centum of the actual capital cost incurred by the licensee for providing and erecting or laying down the required additional electric supply-lines:
Provided that–
(a) where a supply is given in whole or in part from lines which are already subject to a similar guarantee from another consumer, and such guarantee it still in force, the licensee shall apportion the remaining annual sums guaranteed under the first guarantee between the first and subsequent consumers and the licensee shall require each such subsequent consumer to guarantee accordingly and any dispute between any consumers or between the licensee and any consumer under this provision shall be referred to an electric inspector or such other person as the Authority may in any special case, appoint, who shall adjudicate upon such dispute and the decision of such electric inspector or such other person shall be final and binding between the parties;
(b) in calculating an annual sum, any other item of outlay, including the costs of additional works for generation or transmission involved in providing the supply required by any consumer, may also be taken into account if and so far as, the Authority may approve according to the circumstances of each case;
(c) the licensee, as a condition precedent requisite to the supply of any electricity may require that the consumer makes a capital payment in satisfaction or reduction of any guarantee.
(4) In any case where the licensee considers that it would be uneconomic for him to supply electricity to any ordinary consumer in a residual zone requiring such supply, the licensee may appeal to the Electricity Appeals Board.
(5) In any case where any ordinary consumer requiring a supply of electricity in a residual zone, considers that any capital contribution required under paragraph (c) of the proviso to subsection (3) of this section, is disproportionate to the amount of revenue that the licensee may reasonably expect to obtain as the result of such supply, or in any case where such consumer considers that other consumers are being offered or accorded preferential treatment, the consumer may appeal to the Electricity Appeals Board.
(6) Any person requiring a supply of electricity in any zone shall serve a notice upon the licensee, specifying a point at which such electricity is required to be supplied and the maximum power required to commence, not being a day within than a reasonable time after the date of service of such notice and having regard to the situation of the point at which such supply is required to be given and to the length of line required to be laid or to the plant required to be erected for affording such supply.
(7) Upon demand the licensee shall detail in writing, the costs incurred in relation to any charges made or to be made under this section for the information of the owner or occupier or of an electric inspector.
(8) Where as a result of any order made by the Authority under section 4, the premises of any consumer, are placed in any zone other than the zone in which they were situated when any agreement was made between the licensee and such consumer, for the supply of electricity under subsections (2) or (3) of this section and where such agreement is inconsistent with the conditions of supply in such zone that agreement shall cease to be valid after the making of such order.
[Repealed by Act No. 11 of 2001 3rd Sch.]
(1) Subject to the provisions of section 16 and subsection (1) of section 59 of this Act, the licensee shall not in making an agreement for the supply of electricity, discriminate against or show any preference as between ordinary consumers in similar circumstances in the same area of supply and for the purposes of this subsection, the fact that the premises of different consumers are situated in different zones shall not of itself, entitle the licensee to claim that dissimilar circumstances exist between such consumers.
(2) No consumer shall, except with the consent in writing of the licensee, use electricity supplied to the consumer under one method of charging, in a manner for which a higher method of charging is in force.
(1) Notwithstanding any provisions to this Act to the contrary other than the provisions of subsection (1) of section 19 the licensee may call upon any consumer or any consumer may call upon the licensee, to enter into a special agreement for the supply of electricity and electricity shall be supplied in accordance with such agreement.
(2) Any dispute, or question which shall arise between the licensee and any consumer as to whether a particular supply should properly be supplied under a special agreement, or as to the terms of such agreement or on any other matter arising under subsection (1) of this section, shall be referred to the Authorities for a decision and the Authority's decision shall be final and binding between the parties.
(3) Where any reference is made to the Authority under subsection (2) of this section, the Authority may delegate his powers under that subsection to any public officer and the decision of such public officer shall be deemed to be and shall have the same effect as the decision of the Authority.
21. Licensee not to prescribe special form of lamp or burner
(1) The licensee shall not be entitled to prescribe any special form of lamp or other electricity consuming apparatus to be used by any consumer or, except as provided by subsection (2) of section 19, in any way to control or interfere with the use of electricity supplied by the licensee him to such consumer:
Provided that no person may use any lamp or adopt any form of appliance so as to unduly or to improperly interfere with the supply by the licensee to any other person.
(2) Subject to the provisions of subsection (1), a licensee may, with the approval of the Authority, after consulting the local authority, where the licensee is not the local authority, make conditions not inconsistent with the licence or with this Act or any rules made under the Act, regulate the licensee's relations with the persons who are or who intend to become consumers and may after obtaining approval in the same manner, or amend such conditions; and any conditions made by a licensee without such approval, shall be null and void.
(3) The Authority may, after consultation as provided under subsection (2), cancel any condition or part of a condition approved under that subsection, after giving the licensee not less than one month's notice in writing of the intention to so do.
(4) Where any dispute arises as to whether the licensee has prescribed any special form of lamp or other electricity consuming apparatus or controlled or interfered with the use of electricity in contravention of subsection (1), the matter shall be referred to an electric inspector whose decision on the matter shall be final.
The licensee shall establish one or more stations suitably equipped with standard instruments for testing and calibrating meters and shall maintain the standard instruments in proper working order and from time to time to test or to cause to be tested the accuracy of the working standards by some recognised absolute method.
23. Licensee to provide recording and other instruments
The licensee shall keep and maintain in proper working order, suitable and proper instruments for recording the variation of pressure and for all other purposes which may be specified in the rules and shall also keep and maintain one or more sets of portable instruments for testing insulation of electric supply-lines and of the wiring of consumers' premises.
24. Meter to be used except by agreement
(1) The amount of electricity supplied by the licensee to any consumer or the maximum power demand in any given period, according to the method by which the licensee elects to charge, in section 25 to section 31 referred to as "the value of the supply", shall be ascertained by means of an appropriate meter or meters supplied, fixed and connected with the supply system by the licensee in the manner prescribed.
(2) The meter referred to in subsection (1), may be sealed by the licensee with an approved seal bearing the licensee's distinguishing brand or mark impressed on the meter.
(3) The licensee may, in order to protect a meter or any other apparatus belonging to the licensee, install suitable cut-outs on a consumer's premises on the supply side of any such meter or other apparatus and seal such cut-outs with an approved seal bearing the licensee's distinguishing brand or mark.
The licensee shall let for hire meters for ascertaining the value of the supply and any fittings to the meter, for such remuneration in money and on such terms and for securing the safety and return to the licensee of the meter and fittings, as may be prescribed and that remuneration shall be recoverable by the licensee as a civil debt.
26. Licensee to keep in repair meters let for hire
(1) The licensee shall at all times, at own expense, keep all meters let for hire to a consumer, in proper order for correctly registering that value and in default of his doing so, the consumer shall not be liable to pay rent for the meter during such time as the default continues, and the licensee shall, have access to and be at liberty to remove, test, inspect, seal and replace any such meter at all times.
(2) A meter shall be in proper order for correctly registering the value of supply if its limits of error do not exceed such limit as may be prescribed.
27. Consumer may install meter
(1) The consumer shall be entitled to install in his premises a check meter or meters for the purpose of ascertaining the value of the supply.
(2) No check meter shall be fixed and connected with the supply except in such manner and subject to such conditions as may be prescribed.
28. Provision of separately and jointly owned meters
(1) In any case where the maximum demand of any consumer equals or exceeds two hundred kilo-volt-amperes, if it is so desired by the consumer, three appropriate meters shall be employed or used for ascertaining the value of the supply, which shall be the number of units represented by the mean of the readings of such meters:
Provided that where the last described method of measurement of the value of the supply is desired, one of the three meters shall be the property of the licensee, the second shall be the property of the consumer, and the third shall be owned conjointly, and the cost of their fixing and connection and the responsibility for and the costs of their maintenance, shall be according to ownership.
(2) If the reading of each of the three meters employed or used to ascertain the value of the supply is within three per centum of the mean of the readings of the three meters, each meter shall be considered correct for the purposes of the accounts but if the reading of any meter at any time shows a difference from the mean of the readings of the three meters of more than three per centum, the mean of the readings of the three meters shall be taken for the time being, pending the immediate determination of the correctness of each of the meters and any meter which is found to have an error of more than three per centum shall be readjusted and if at any time and for any reason only two of the meters are in service and the mean of the two readings of these meters is within three per centum of the readings of both meters, such mean shall be accepted by both parties and if the mean of the readings of the two meters is found not to be within three per centum of the readings of both meters, the same procedure shall be adopted with regard to the determination of the accuracy and for the readjustment of the meters as set out in this section and in case of dispute, the matter may be referred by either party to an electric inspector or such other person appointed by the Authority, as provided by section 31.
29. Meters not to be altered as to any adjustment without notice
A licensee or a consumer shall not make any alteration, adjustment or readjustment in any meter being used for ascertaining the value of the supply, whereby the action of such meter as a measuring instrument shall or may be affected nor remove any meter, unless either of the two has given to the other, not less than twenty-four hours' notice in writing of the intention to do so.
30. Licensee may place additional meters
(1) In addition to any meter of the licensee which is placed upon the premises of any consumer to ascertain the value of the supply, the licensee may place upon the premises such meter or other apparatus as the licensee may desire for the purpose of ascertaining or regulating either the amount of electricity supplied to the consumer or the number of hours during which the supply is given or the maximum power taken by the consumer or any other quantity or time connected with the supply and such meter or apparatus shall be of the prescribed construction and pattern and shall be fixed and connected with the service lines in the prescribed manner and shall be supplied and maintained entirely at the cost of the licensee and shall not, except by agreement, be placed otherwise than between the mains of the licensee and the consumer's terminals.
(2) A meter or other apparatus may be sealed by the licensee with an approved seal bearing the licensee's distinguishing brand or mark.
31. Differences as to accuracy of meter to be settled by electric inspector
(1) If any dispute arises between any consumer and the licensee as to whether any meter or other apparatus, by which the value of the supply is ascertained, whether belonging to the consumer or to the licensee, is or is not in proper order for correctly registering that value or as to whether that value has been correctly registered by any meter or other apparatus, that dispute shall be determined upon the application of either party by an electric inspector and the electric inspector shall also order by which of the parties, the costs of and incidental to the proceedings, shall be paid and the decision of the electric inspector shall be final and binding on all parties the reading of the meter shall be conclusive evidence as to the value of the supply, in the absence of fraud.
(2) A licensee or a consumer shall not disconnect, remove, alter, adjust or readjust any meter or apparatus if any dispute of the nature described in subsection (1) has arisen until the dispute has been determined as provided.
32. Licensee to pay expenses of providing new meters where method of charge altered
Where any consumer supplied with electricity by the licensee is provided with a meter for the purpose of ascertaining the value of the supply and the licensee subsequently changes the method of charging for electricity supplied the licensee shall replace the meter free of charge to the consumer.
33. Licensee to give facilities for testing
The licensee shall afford all facilities for the proper execution of the licence with respect to inspection and testing and to the readings and inspection of instruments and shall comply with all the requirements of this Act, the rules or of a licence.
34. Prohibition of connection with earth and power of Authority to interfere in certain cases of default
(1) No person shall, in the generation, transmission, supply or use of electricity, permit any part of that person's supply-lines to be connected with earth except so far as may be prescribed in that behalf or as may be authorised by the Authority.
(2) Where at any time it is established to the satisfaction of the Authority that–
(a) any part of an electric supply-line is connected with earth contrary to the provisions of subsection (1);
(b) any electric supply-lines or other works for the generation, transmission, supply or use of electricity are attended with danger to public safety or to human life or injuriously affect any telegraphic line; or
(c) any electric supply-lines or other works are so defective as not to be in accordance with the provisions of this Act or of any rule made under the Act,
the Authority may, by order in writing, specify the matter complained of and require the owner or user of such electric supply-lines or other works, to remedy the defect in such manner as shall be specified in the order, and may also in the same manner prohibit the use of any electric supply-line or works until the order is complied with or for such time as is specified in the order.
(1) The licensee shall send to the Authority and also to the Regional commissioner and the labour officer for the area concerned notice in writing in the form prescribed under subsection (1) of section 3 of the Accidents and Occupational Diseases (Notification) Act *, of any accident or explosion or fire which has occurred in any part of the licensee's works or his circuits, and also notice of any loss of life or personal injury occasioned and the notice shall be sent by the earliest practicable means after the occurrency of the event or after the loss of life or personal injury becomes known to the licensee.
(2) The Authority may, where he deems it necessary, direct any electric inspector or appoint any other fit person, to inquire and report as to the cause of any accident affecting the safety of the public which may have been occasioned by or in connection with the licensee's works, whether notice of the accident has or has not been received from the licensee or to inquire as to the manner and extent the provisions of the licence, this Act and the regulations have been complied with by the licensee and any person appointed under this section not being an electric inspector, shall for the purpose of that appointment have all the powers of an electric inspector.
36. Wayleaves over land and power of licensee in construction of works
(1) Any licensee may from time to time, but subject to the provisions of this Act and the terms and conditions of licence, within the area of supply–
(a) open and break up the soil and pavement of any street;
(b) open and break up any sewer or drain or tunnel in or under any street;
(c) lay down and place distributing mains, electric supply-lines, service lines and other works;
(d) repair, alter or remove anything referred in the preceding paragraphs;
(e) do all other acts necessary for the due supply of electricity to the inhabitants of the area of supply.
(2) The licensee shall, in the exercise of the powers conferred under this section, avoid to cause damage and where damage is caused, the licensee shall make compensation for such damage.
37. Conditions and matters affecting grant of wayleaves
(1) Before laying or placing any distributing main, electric supply-line or executing any other works in, through or against any building or on, over or under any land, where any distributing main, electric supply-line or any other works has not already lawfully been laid or placed, the licensee shall serve on the owner and occupier of the building or land, notice in writing of that intention, together with a description of the nature and position of the lines proposed to be laid or placed and if within twenty-one days after service of the notice, the owner and occupier fail to give consent or attach to having given the consent, any terms or conditions to which the licensee objects, it shall not be lawful to lay down or to place such distributing main, electric supply-line or to execute works in, through or against such building or on or over or under such land, without the consent of the Authority and the Authority may, subject to subsection (2), give consent to the laying or the placing of such distributing main, electric supply-line or the executing of other works, either unconditionally or subject to such terms or conditions including the carrying of any portion of the line underground, as the Authority thinks just.
(2) In deciding whether to give or withhold consent or to impose any terms or conditions, the Authority shall take into consideration all representations or objections received in accordance with the notice or otherwise and shall have regard to the effect, if any, on the amenities or value of the land relating to the laying or the placing of the distributing main, electric supply-line or the execution of other works, in the manner proposed.
Notwithstanding anything contained in section 37, any support of an aerial line or any stay or strut required for the sole purpose of securing the support of an aerial line, may be fixed on any land or building with the consent of the Authority if in his opinion, the consent of the owner or occupier is being unreasonably withheld and the Authority shall fix the amount of compensation or of annual rental or of both, which shall be paid by the licensee to the owner or occupier.
39. Owner or occupier may require alteration of works
If at any time the owner or occupier of any building or that on which any distributing main, electric supply-line or other works has been laid, placed or executed shows sufficient cause, the Authority may, by order require the licensee to alter the position of such main, supply-line or other work either unconditionally or subject to such terms or conditions as the Authority thinks just.
40. Notice to be served on local authority before breaking up streets or opening drains
Before the licensee proceeds to open or break up any street, sewer, drain or tunnel, the licensee shall give to the local authority control or responsibility management for the same may be, notice in writing of his intention not less than three clear days before beginning such work, except in cases of emergency arising from defects in any of the distributing mains, electric supply-lines, service lines or other works, and then so soon as is possible after the beginning of the work or after the necessity for the same shall have arisen.
41. Conditions as to superintendence of breaking up of streets
No street, sewer, drain or tunnel shall, except in the case of emergency, be opened or broken up except under the superintendence of the local authority and according to such plan as shall be approved of by such local authority, or in case of any dispute in respect of such plan, according to such plan as shall be determined by the Authority who may, upon the application of the local authority, require the licensee to make such temporary or other works as the Authority may think necessary for guarding against any interruption of drainage, water supply or any other public service during the execution of any works:
Provided that where the local authority having been given notice fails in accordance with section 40, to attend at the time fixed for the opening of any street, sewer, drain or tunnel or fails to propose any plan for breaking up or opening the same or refuses or neglects to superintend the operation, the licensee may perform the work specified in such notice without the superintendence or approval of such local authority.
42. Streets, sewers, drains or tunnels broken up to be reinstated without delay
(1) Where the licensee, in exercise of any powers conferred by or under this Act, opens or breaks up the soil or pavement of any street or, any sewer drain or tunnel, the licensee shall–
(a) immediately cause the part opened or broken up to be fenced and guarded;
(b) before sunset cause a light or lights sufficient for the warning of passengers, to be set up and maintained until sunrise against or near the part opened or broken up;
(c) with all reasonable speed, fill in the ground and reinstate and make good the soil or pavement or, the sewer, drain or tunnel, opened or broken up and shall keep the same in good repair for three months and for any further period, not exceeding six months, during which subsidence may occur.
(2) Where any licensee fails to comply with any of the provisions of subsection (1), the local authority having the control or the responsibility for the management of the street, sewer, drain or tunnel in respect of which the default has occurred, may cause to be executed the work which the licensee has delayed or omitted to execute and may recover from the licensee the expenses incurred in such execution.
43. Power to require alteration of poles, or pillars, already laid or erected
Where the licensee has erected in any street any poles, pillars, lamps or other works, or has laid or erected any electric supply-line along any street, the Authority may, notwithstanding any other provision in this Act, by notice in writing, require the licensee to alter the position of such pole, pillar, lamp or other works, or electric supply-line, subject to conditions to be agreed upon between the licensee and the Authority or failing agreement, conditions to be determined by arbitration.
44. Alteration of pipes or wires
(1) Any licensee may alter the position of any pipe not forming part of a local authority main sewer or of any wire under or over any place which the licensee is authorised to open or break up, if such pipe or wire is likely to interfere with the exercise of the powers under this Act and any person may alter the position of any electric supply-lines or works of a licensee under or over such place as aforesaid, if such electric supply-lines or works are likely to interfere with the lawful exercise of any powers vested in that person.
(2) In any alteration made pursuant to subsection (1), the following provisions shall, in the absence of an agreement to the contrary between the parties concerned, apply–
(a) not less than one month before commencing any alteration, the licensee or other person desiring to make the alteration, in this section referred to as "the operator", shall serve upon the person for the time being entitled to the pipe, wire, electric supply-lines or works, as the case may be, in this section referred to as "the owner", a notice in writing, describing the proposed alteration, together with a section and plan on a scale sufficiently large to show clearly the details of the proposed works and not in any case smaller than one inch to eight feet vertically and sixteen inches to the mile horizontally and indicating the time when it is to be commenced and shall subsequently give such further information in relation to the alteration as the owner may require;
(b) within fourteen days after the service of the notice, section and plan upon the owner, the owner may serve upon the operator, a requisition to the effect that any question arising upon the notice, section or plan, shall be determined by arbitration unless settled by agreement;
(c) every arbitrator to whom a reference is made under paragraph (b), shall have regard to any duties or obligations of the owner and may require the operator to execute any temporary or other works so as to avoid, as far as possible, interference with such duties or obligations;
(d) where no requisition is served upon the operator under paragraph (b) within the time specified or where such a requisition has been served and the matter has been settled by agreement or determined by arbitration, the alteration may, upon payment or securing of any compensation accepted or determined by agreement or by arbitration, be executed in accordance with the notice, section and plan and subject to such modifications as may have been determined by agreement or by arbitration;
(e) the owner may, at any time before the operator is entitled to commence the alteration, serve upon the operator, a statement in writing to the effect that the owner desires to execute the alteration himself and requires the operator to give such security for the repayment of any expenses as may be agreed upon or, in default of agreement, determined by arbitration;
(f) where a statement is served upon the operator under paragraph (e), the operator shall, not less than forty-eight hours before the execution of the alteration is required to be commenced, furnish such security and serve upon the owner a notice in writing indicating or intimating the time when the alteration is to be commenced and the manner in which it is to be made and upon such notice the owner may proceed to execute the alteration as required by the operator;
(g) where the owner refuses to comply with the notice under paragraph (f) or does not comply with the notice within the time and in the manner prescribed by that notice, the operator may himself execute the alteration;
(h) all expenses properly incurred by the owner in complying with a notice served upon him by the operator under paragraph (f) may be recovered by the owner from the operator.
(3) Where the licensee or other person desiring to make the alteration fails to comply with any of the provisions of subsection (2), the licensee or that other person shall make full compensation for any loss or damage incurred by reason of such failure, and, where any dispute arises as to the amount of such compensation, the matter shall be determined by arbitration.
45. Laying of electric supply-lines or other works
(1) Where–
(a) the licensee intends to dig or sink any trench for laying any new distributing mains, electric supply-lines or other works, near to which, any sewer, drain, water course or work under the control of the Government or of any local authority or near to which any pipes or other works belonging to any duly authorised person, have lawfully been placed; or
(b) any duly authorised person intends to dig or sink any trench for laying or constructing any new pipes or other works, near to which any electric supply-lines or works of a licensee have lawfully been placed,the licensee or such duly authorised person, as the case may be, in this section referred to as "the operator", shall, unless it is otherwise agreed upon between the parties interested or in case of an emergency, given to the Government or local authority or to the licensee or to such duly authorised person, as the case may be, in this section referred to as "the owner", not less than three days' notice in writing before commencing to dig or sink the trench and the owner shall have the right to be present during the execution of the works, which shall be executed to the reasonable satisfaction of such owner.
(2) Where the operator finds it necessary to undermine, but not to alter the position of any pipe, electric supply-line or other works, the operator shall support the same in position during the execution of the works and before completion, shall provide a suitable and proper foundation for the works which is so undermined.
(3) Where the operator, being a licensee, lays any distributing main or electric supply-line across, or so as to be likely to touch, any pipe, electric supply-lines or service pipe or service line, belonging to any duly authorised person or to any person supplying, transmitting or using electricity under this Act, the conducting portion of the distributing main or electric supply-line, shall be effectively insulated in the prescribed manner and the licensee shall not, except with the written consent of such person, distributing mains or electric supply-line so as to come into contact with any such pipe, electric supply-line, service pipe or service line.
(4) Where the operator fails to comply with any of the provisions of this section, the operator shall make full compensation for any loss or damage incurred by reason of such failure.
(5) Where any dispute arises under this section, the matter shall be determined in accordance with provisions of the EWURA Act *.
46. Protection of telegraph lines
(1) No alteration in any telegraph line shall be made by the licensee except with the consent of the Tanzania Telecommunication Company.
(2) The licensee shall not in the exercise of the powers conferred by this Act or by the licence lay, place, construct or erect any distributing mains, electric supply-line or other works which any telegraph line is or may be injuriously affected and before any distributing mains, electric supply-line or other works are placed, constructed, erected or laid within thirty-three feet of a telegraph line other than repairs, the licensee before commencing such works shall give not less than forty-eight hours notice in writing to the Tanzania Telecommunications Company specifying the course and nature of the works, including the gauge of any electric lines, and the licensee shall conform with such reasonable requirements, either of a general or special, as may from time to time, be determined and laid down by the Tanzania Telecommunications Company.
(3) If any telegraph line is injuriously affected by the placing, construction, erection or laying of distributing mains or electric supply-lines or other works of the licensee, the licensee shall pay the cost of all such alterations as may be necessary to remedy such injurious condition.
(4) If any telegraph line is injuriously affected and the Tanzania Telecommunication Company, is of opinion that such injurious condition is or may be due to the licensee's work, the Company may authorise any qualified persons in writing to enter any station for the generation or transformation of electricity belonging to the licensee at all reasonable times when electricity is being generated or transformed for the purpose of inspecting the licensee's plant and the working of the same and the licensee shall in the presence of such person, make any electric tests required by the Company and shall produce for inspection by the Company, the records kept by the licensee pursuant to this Act:
Provided that no such test shall be required to be made if it is likely to cause undue interference with the supply of electricity.
(5) Any dispute which arises between the Tanzania Telecommunication Company and the licensee with respect to any requirements under subsection (2) shall be determined by arbitration.
(6) For the purposes of this Act a telegraph line shall be deemed to be injuriously affected where telegraphic or telephonic communication by means of that line is, whether through induction or otherwise, in any manner affected.
47. Protection of Railways' telegraph lines
The licensee shall take all reasonable precautions in laying, placing, constructing or erecting distributing mains, electric supply-line or other work, so as not to affect injuriously the working of any telegraph line operated under the direction of the General Manager of the Tanzania Railways Corporation and the provisions of section 46 shall apply and operate for the benefit of the Director-General of Tanzania Railways Corporation.
The licensee may, in case of emergency due to the breakdown of an underground distributing main or electric supply-line, after giving notice in writing to the local authority responsible for the maintenance of the area in which the breakdown occurs, of the intention to do so, place an aerial line:
Provided that such aerial line shall be used only until the defect in the underground distributing mains or electric supply-line can be rectified and such aerial line shall be removed as soon as the defect is rectified and in any case, unless with a written consent of the Authority, not later than within a period of six weeks.
49. Removal of trees interfering with transmission of electricity
(1) Where any tree standing or lying near an aerial line or where any structure or other object which has been placed or has fallen near an aerial line subsequent to the placing of such line, interrupts or interferes with or is likely to interrupt or to interfere with, the conveyance or transmission of electricity or the accessibility of any works, a resident magistrate may, upon the application of the licensee, order the tree, structure or object to be removed or otherwise dealt with as the resident magistrate thinks fit.
(2) When disposing of an application under subsection (1) the resident magistrate shall, in the case of any tree in existence before the placing of the aerial line, award to the person interested in the tree such compensation as the resident magistrate thinks reasonable and such person may recover the same from the licensee.
(3) For the purposes of this section, the expression "tree" shall be deemed to include any shrub, hedge, jungle-growth or other plant.
(1) A licensee shall, in the exercise of the powers conferred under this Act, avoid to cause damage, detriment or inconvenience is caused, the licensee shall make full compensation.
(2) Where any dispute arises as to the amount or as to the application of compensation under subsection (1) the matter shall be determined by arbitration.
51. Point where supply is delivered
For the purposes of this Act, the point at which the supply of electricity by a licensee to a consumer shall be deemed to commence, shall be determined in such manner as may be prescribed.
52. Power for licensee to enter premises
(1) A licensee or any person duly authorised by a licensee may, at any reasonable time and upon informing the occupier of such intention, enter any premises to which electricity is or has been supplied by the licensee to him, for the purpose of–
(a) inspecting or testing electric supply-line, meter, fitting, works and other apparatus for the supply of electricity, which belong to the licensee;
(b) ascertaining the amount of electricity supplied or the electrical quantity contained in the supply; or
(c) removing, where a supply of electricity is no longer required or where the licensee is authorised to take away or cut off such supply, and electric supply-line, meter, fittings, works or other apparatus, for the supply of electricity, which belong to the licensee.
(2) A licensee or any person authorised by a licensee under subsection (1), may also, in pursuance of a special order made by a magistrate in that behalf and after giving not less than twenty-four hours' notice in writing to the occupier, enter any premises to which electricity is or has been supplied, or is to be supplied, by the licensee for the purpose of examining or testing electric-wires, fittings, works and others electrical apparatus which belong to the consumer.
(3) Where a consumer refuses to allow a licensee or any person authorised to enter premises in pursuance of the provisions of subsection (1) or subsection (2) or, when such licensee or authorised person has entered, refuses to allow the licensee or authorised person, to perform any act which he is authorised by those subsections or fails to give reasonable facilities for such entry or performance, the licensee may, after the expiry of twenty-four hours from the service of a notice in writing on the consumer, cut off the supply to the consumer for the duration of such refusal or failure.
53. Conditions under which supply may be declined
The licensee shall not be compelled to supply electricity to any premises unless the licensee is reasonably satisfied that the service lines, fittings and other apparatus in the premises are in good order and condition and are not calculated to affect injuriously, the use of electricity by the licensee or by other persons.
The licensee may, before executing the necessary works for connecting the premises of the owner or occupier to any distributing mains, by notice in writing, require the owner or occupier of those premises, within seven days after the date of the service of the notice, to give to the licensee security for the payment of all moneys which may become due in respect of the supply, or in case any security given has become invalid or insufficient and where any owner or occupier fails to comply with the terms of the notice, the licensee may, if he thinks fit, refuse to supply electricity to the premises while that failure continues.
55. Representation of licensee at testing
The licensee may, if he thinks fit, on each occasion of the testing of any distributing mains or service line or of the testing or inspection of any apparatus of the licensee by any electric inspector or such other person appointed by the Authority, be represented by some officer or other agent, but that officer or agent shall not interfere with the testing or inspection.
56. Right of appeal against inspector's report
Where the licensee or any interested person is dissatisfied with any report of any electric inspector or such other person appointed by the Authority, the licensee or the interested person may appeal to the Authority against the report and the Authority shall inquire into and decide upon, the appeal and the decision of the Authority shall be final and binding on all parties.
(1) The licensee may charge for electricity supplied to any consumer either by the actual amount of electricity so supplied or by the maximum power demand in every given period or by a combination of the two or by any other method as may, for the time being, be approved by the Authority.
(2) Where a licensee has, with the consent of the Authority, imposed on the consumer any surcharge or a charge in addition to the normal charge, to off-set any extraordinary expenditure incurred by the licensee for fuel used for the generation of electricity or for any other purpose, the collection, disbursement, variation of the rate and cessation of such surcharge or additional charge, shall be subject to the directions of the Minister responsible for finance.
The maximum prices to be charged by the licensee for electricity supplied, shall not exceed the prices stated in that behalf in the licence:
Provided that the licensee may at any time after the expiration of any and every period which may be specified in the licence or, where no such period is specified, at intervals of not less than seven years, make a representation to the Authority that the prices stated in the licence ought to be altered and the Authority may, after such inquiry as he may think fit, may amend the licence varying the maximum prices or substituting other maximum prices and such licence shall be deemed to be amended accordingly, as from the date of such amendment.
59. Other prices to be published
(1) The licensee shall publish in the Gazette, the prices to be paid by any ordinary consumer in each area of supply within one month of the date of the order granting a licence and shall not charge any such consumer a greater sum than that published in the Gazette:
Provided that the Authority may permit the licensee to publish and charge different prices within any area of supply in relation to any residual zone or any part of a residual zone.
(2) The licensee may alter or vary the prices published under subsection (1) of this section and such alteration or variation shall be published in the Gazette:
Provided that the licensee shall not increase such prices to a greater figure than ten per centum of the prices in force on the date of the issue of the licence, without the consent of the consumer and where such consent has been given, the prices shall have effect after the date of such consent.
The Authority may authorise any licensee to make, at such rate as may be specified in such authorisation, a minimum charge to any ordinary consumer, irrespective of the actual amount of electricity supplied to such consumer, but no such minimum charge shall be made where such consumer is being charged for the electricity supplied at the maximum prices specified in the licence.
61. Payment of charges in foreign currency
(1) Every consumer who is a resident foreigner, shall pay all charges for electricity supplied in a prescribed foreign currency or in any other convertible currency approved by the Minister responsible for finance.
(2) A licensee shall, in charging for electricity supplied to a consumer who is a resident foreigner, indicate the amount of the charge in the prescribed foreign currency or approved convertible currency and shall ensure that the resident foreigner pays the charges through the relevant bank and shall submit such periodical returns relating to the payment of such charges to such officer and in such manner as the Minister responsible for finance may prescribe.
(3) The provisions of this section shall apply mutatis mutandis to the charges payable under the provisions of sections 58, 59 and 60 by any consumer who is a resident foreigner.
(4) For the purposes of this section, the expression "resident foreigner" includes any person, body of persons or office, of what ever description, title or designation, whether corporate or not or whether diplomatic, consular of otherwise, for the time being resident and conducting business in any premises in Mainland Tanzania to which electricity is supplied in accordance with this Act but does not include any person who is an expatriate employee of the Government of the United Republic or of any Revolutionary Government, parastatal organisation or of Zanzibar, or of any other person or public authority, approved by the Minister responsible for finance.
[s. 60A]
62. Price for supply to public lamps
Where the local authority is not itself the licensee, the prices to be charged by the licensee and to be paid for electricity supplied to the public lamps and the mode in which such charges are to be ascertained, if not specified in the licence and the cost of the construction of any service line from the distributing mains of the licensee, shall be settled by agreement between the local authority and the licensee and, in case of dispute, such dispute shall be determined by arbitration, regard being had to the circumstances of the case and the distributing or other lines which may have to be laid for the purpose and the prices charged to ordinary consumers in the district.
[s. 61]
(1) The maximum power with which any consumer shall be entitled to be supplied shall be of such amount as the consumer may require, not exceeding what may reasonably be anticipated as the maximum consumption on the premises of the consumer:
Provided that where any consumer has required the licensee to supply maximum power of any specified amount, the consumer shall not be entitled to alter that maximum except upon reasonable notice to the licensee and any expenses reasonably incurred by the licensee in respect of the service lines by which electricity is supplied to the premises of that consumer or of any fittings or apparatus of the licensee installed on the premises as the result of the alteration in the amount of electricity supplied, shall be paid by the consumer to the licensee.
(2) If any dispute arises between any owner or occupier and the licensee as to what may be reasonably anticipated as the consumption on the premises or as to the reasonableness of any expenses under this section, that dispute shall be determined upon an application by either party, by an electric inspector upon payment of the prescribed fee.
[s. 62]
If any difference arises between the licensee and the consumer with regard to the amount of power on the consumer's premises, that dispute shall be determined, upon the application of either party, by an electric inspector who may take such steps to ascertain the facts, upon payment of the prescribed fee and where the variation of the amount of power is found by the electric inspector to be within the limits prescribed by rules, the cost of the inspection shall be borne by the consumer and where the variation is outside the limits prescribed, the costs shall be borne by the licensee and such licensee shall take immediate steps to comply with the rules, subject to a penalty of one hundred shillings for each day during which the default continues, with effect from the day upon which notice to that effect is served upon the licensee by the electric inspector.
[s. 63]
Where any consumer of electricity supplied by the licensee leaves the premises to which such electricity has been supplied without paying any sums due and payable in respect of such supply or any meter rent, the licensee shall not be entitled to require from the next tenant of such premises the payment of the arrears left unpaid by the consumer who was the former tenant unless such next tenant has undertaken with the former tenant to pay such arrears.
[s. 64]
Whoever fraudulently abstracts, consumes or uses electricity shall be deemed to have committed theft within the meaning of the Penal Code * and the existence of artificial means for such abstraction consumption or use, shall be prima facie evidence of such theft.
[s. 65]
67. Maliciously wasting electricity or injuring works
Any person who maliciously causes electricity to be wasted or diverted or with intent to cut off the supply of electricity, cuts or injures any electric supply-line or works, shall be liable to a fine not exceeding five hundred shillings or to imprisonment with or without hard labour for a term not exceeding three months.
[s. 67]
68. Penalty for interference with meters or licensee's works or for improper use of electricity
Any person who–
(a) connects or disconnects any meter referred to in subsection (1) of section 24, or any meter, indicator or apparatus referred to in section 30, with any electric for supply-line through which electricity is supplied by a licensee without giving to the licensee forty-eight hours' notice in writing of the intention to do so;
(b) lays or causes to be laid or connects up any works for the purpose of communicating with any other works belonging to the licensee, without the licensee's consent;
(c) maliciously injures any meter referred to in subsection (1) of section 24, any meter, indicator or apparatus referred to in section 30 or wilfully or fraudulently alters the index of any such meter, indicator or apparatus or prevents any such meter, indicator or apparatus from duly registering;
(d) in any case where electricity supplied by the licensee is not ascertained by meter, uses the electricity supplied in a different way or in a greater amount than that person has contracted to pay for; or
(e) supplies any other person with any amount of the electricity supplied by the licensee; or
(f) improperly uses the electricity of the licensee,
shall be liable to a fine not exceeding five hundred shillings, and in the case of a continuing offence, to a daily penalty not exceeding forty shillings and the existence of the means for doing any of the acts prohibited under this section and where such means is under the custody or control of the person charged, whether or not the means is the property of such person, shall be prima facie evidence that such act has been done or caused to be done by the person charged.
[s. 67]
69. Extinguishing public lamps
Any person who maliciously extinguishes any public lamp shall be liable to a fine not exceeding two hundred shillings or to imprisonment with or without hard labour for a term not exceeding two months.
[s. 68]
70. Negligently wasting electricity
Any person who negligently causes electricity to be wasted or directed or negligently breaks, pulls down or damages any electric supply-line, post, pole or lamp or any other works connected with the supply of energy shall be liable to a fine not exceeding two hundred shillings.
[s. 69]
71. Penalty for illegal or defective supply or for non-compliance with orders
Any person who–
(a) being a licensee, save as permitted under section 7 or by a licence, supplies electricity or lays any electric supply-line or other works outside the area of supply; or
(b) fails to comply with any order issued under section 34,
shall be liable to a fine not exceeding one thousand shillings and, in the case of a continuing offence or default, to a daily fine not exceeding one hundred shillings.
[s. 70]
72. Electricity not to be supplied without a licence or authority except in the case of small plants
(1) No person shall establish or to maintain any installation for the generation, transmission, supply, distribution or sale of electricity except–
(a) in accordance with the conditions of a licence or of an authorisation issued under the provisions of section 7;
(b) as provided under this section.
(2) The Authority may authorise any public institution, a local authority or any person whether within or outside any area of supply to generate or transmit, subject to the provisions of any law for the time being in force, a supply of electricity for its own use, and to erect, maintain and operate the works necessary for that purpose.
(3) The Authority may authorise any institution, public institution or local authority or any person whose primary business or occupation is not the supply of electricity, to supply and sell such electricity to one or more specified bodies or persons:
Provided that where any such supply is to be delivered within an area of supply, the Authority shall not authorise without the consent of the licensee if in the opinion of the Authority such consent is unreasonably withheld, the Authority may proceed as if such consent had been given.
(4) When granting an authority under subsection (2) or subsection (3) of this section, the Authority may declare, by the same or a subsequent authorisation, that all or any of the provisions of this Act, with such modification, as he may consider necessary, shall apply, and such provisions shall apply as if that public institution, local authority or person were a licensee under this Act.
(5) Notwithstanding the preceding provisions of this section where the rated capacity of the generating plant does not exceed 5 kilowatts and the power in any part of the system connected does not exceed 250 volts in the case of direct current or 230 volts, in the case of alternating current, and provided that such installation is installed in accordance with the regulations for the Electrical Equipment of Buildings of the Institute of Electrical Engineers of Great Britain for the time being in force and that no part of such system is outside the premises upon which the electricity is generated, no licence or authority shall be necessary.
(6) Any person contravening the provisions of this section shall be liable to a fine not exceeding one thousand shillings or to imprisonment for three months, and the installation established in contravention of this section may be removed by order of the courts.
[s. 71]
73. Penalty for failure to supply electricity
(1) Where a licensee fails to supply electricity to any owner or occupier of premises to whom the licensee may be or is required to supply electricity under the provisions of this Act or of a licence the licensee be liable to a fine not exceeding one hundred shillings for each day or part of a day on which such failure occurs.
(2) Where a licensee fails to supply electricity to public lamps to which he may be and is required to supply electricity under this Act or under a licence, the licensee shall be liable to a fine not exceeding five shillings for each day or part of a day on which such failure occurs.
(3) Where a licensee fails to supply electricity in accordance with the terms of the rules the licensee shall be liable to such penalties as are prescribed by the rules in that behalf:
Provided that–
(a) the penalties to be imposed on the licensee under this section shall in no case exceed in the aggregate the sum of one thousand shillings in respect of any act which is not done wilfully;
(b) in no case shall any penalty be imposed in respect of any failure if the court having cognisance of the case, shall be of opinion that such failure was caused by inevitable accident or force majeure or was so slight or was of such minor nature that, it did not materially affect the value of the supply;
(4) The licensee may upon the giving of reasonable notice, suspend the supply of electricity for such period as may reasonably be necessary for the purpose of inspection, new connection, reconstruction and maintenance but for no other purpose.
[s. 72]
74. General penalty on licensee
Any failure, omission or neglect by the licensee, which is contrary to the provisions of this Act or of a licence for which no penalty has been provided under this Act shall be punishable with a fine not exceeding one thousand shillings and in the case of a continuing offence or default to a daily fine not exceeding one hundred shillings:
Provided that the licensee shall not be so punished if the court is of opinion that the failure, omission or neglect was due to an emergency and that the licensee complied with the said provisions of the Act or of the licensee as far as was reasonable in the circumstances.
[s. 73]
(1) If at any time during the continuance of the licence, the licensee fails to comply with any of the conditions of that licence, the Authority may give to the licensee notice in writing specifying the conditions of which the licensee has failed to comply with and to require the licensee, to comply with the conditions of the licence within three months and if the licensee fails, unless prevented by causes beyond his control, fails to comply with the conditions within such period, the Authority may immediately revoke any licence granted to the licensee under this Act:
Provided that in any licence granted covering more than one area of supply where the failure is limited to a specific area of supply and is in the opinion of the Authority of such a nature as not to affect the whole area of supply, the Authority may revoke only such part of the licence as refers to the area of supply in which the failure took place.
(2) Where the licensee is adjudged bankrupt or, where is a company, going into liquidation whether compulsory or voluntary, other than a voluntary liquidation for the purpose of bona fide reconstruction approved by the Authority it shall be lawful for the Authority to revoke any licence granted to the licensee under this Act.
(3) Where the Authority has revoked any licence or any part of any licence under subsection (1) or subsection (2) of this section, all the property of the licensee in the area of supply to which such licence or such part of the licence relates shall, on the date of such revocation, become the property of the Authority on such terms as the Authority may deem just.
(4) For the purposes of subsection (3) of this section, property means the whole of the undertaking of the licensee for the time being either used or held in reserve for the licensee, in connection with the generation and distribution of electricity including lands and other interests in the land, buildings, plant, machinery, works and other apparatus of the licensee used in producing motive power and generating electricity and all transmission and distributing systems belonging to the licensee and used in connection with the undertaking.
[s. 74]
76. Conditions in lieu of revocation of licence subject to conditions
The Authority may, instead of revoking a licence as provided for in section 75, permit such licence to remain in force subject to such further terms and conditions as the Authority thinks fit; and any such further terms or conditions shall be binding upon and be observed by the licensee and shall have the same force and effect as if the same were contained in the licence.
[s. 75]
Nothing in this Act shall take away or interfere with the right of the Government or of any person to sue for and recover compensation for or in respect of damage or injury caused as a result of the commission of any offence against this Act or the rules made under the Act.
[s. 76]
78. Right of licensee to discontinue supply
Where a consumer uses any form of lamp or apparatus or the electricity supplied in such a manner as to interfere unduly or improperly with the efficient supply of electricity to any other person or maliciously or fraudulently injures or alters the meter, indicator or apparatus of the licensee or, prevents any such meter, indicator or apparatus from duly registering, the licensee may discontinue the supply of electricity to such consumer notwithstanding any existing contract until the consumer has remedied the act complained of.
[s. 77]
79. Discontinuance of supply to consumer neglecting to pay charge
(1) Where any person fails or neglects to pay any charge for electricity or fails to pay any other sum due from him to a licensee in respect of the supply of electricity the licensee may, after giving not less than forty-eight hours' notice in writing to such person and without prejudice to the right of the licensee to recover such charge or sum, cut off the supply, and for that purpose cut or disconnect any electric supply-line or other works through which electricity may be supplied which are the property of the licensee, and may discontinue the supply until such charge or sum, together with any expenses incurred by the licensee in cutting off and re-connecting the supply are paid, but not longer.
(2) Where any or dispute has been referred under this Act to an electric inspector before a notice has been given by the licensee, the licensee shall not exercise the powers conferred by this section, until the electric inspector has given his decision:
Provided that the prohibition contained in this subsection shall not apply in any case in which the licensee has made a request in writing to the consumer for a deposit with the electric inspector of the amount of the licensee's charges or other sums in dispute or for the deposit of the licensee's further charges for electricity as they accrue and the consumer has failed to comply with such request.
[s. 78]
80. Exemption of electric supply-lines or other apparatus from attachment in certain cases
Where any electric supply-lines, meters, fittings, works or other apparatus belonging to a licensee are placed in or upon any premises, not being in the possession of the licensee, for the purpose of supplying electricity, such electric supply-lines, meters, fittings, works or apparatus shall not be liable to be taken in execution under any process of any court or in any proceedings in bankruptcy against the person in whose possession the same may be.
[s. 79]
81. Service of notices, orders or documents
(1) Every notice, order or document by or under this Act required or authorised to be addressed to any person may be served by post or left–
(a) where the Government is the addressee, at the office of the Prime Minister;
(b) where a local authority is the addressee, at the office of the local authority;
(c) where a company is the addressee, at the registered office of the company or, in the event of the registered office of the company not being in Tanzania, at the principal office of the company in Tanzania;
(d) where any other person is the addressee, at the usual or last known place of abode or business of such person.
(2) Every notice, order or document by or under this Act, required or authorised to be addressed to the owner or occupier of any premises shall be deemed to be properly addressed if addressed by the description of the "owner" or "occupier" of the premises, naming the premises and may be served by delivering the original or a true copy to some person on the premises, or, if there is no person on the premises to whom the same can with reasonable diligence be delivered, by affixing it on some conspicuous part of the premises.
[s. 80]
82. Determination of dispute in accordance with EWURA
Any dispute, or question which arise between the Government and the licensee touching on the construction, meaning or effect of any of the provisions of any licence granted under this Act or, the rights or liabilities of either party under such licence or otherwise shall be determined in the manner provided and in accordance with the provisions of the EWURA Act *.
[s. 81]
83. Protection for acts done in good faith
No suit, prosecution or other proceeding shall lie against any person employed in the public service for any thing done in good faith purporting to be done under this Act.
[s. 82]
(1) The Authority may make rules to regulate the generation, transmission, distribution, supply and use of electricity and generally to carry out the purposes and objects of this Act.
(2) In particular and without prejudice to the generality of the power conferred by subsection (1), such regulations may–
(a) provide for the preparation and submission of accounts by licensees in a specified form;
(b) provide for the securing of a regular, constant and sufficient supply of electricity by the licensee to consumers and for the testing at various parts of the system of the regularity and sufficiency of such supply and for the examination of the records of such tests by consumers;
(c) provide for the protection of persons and property from injury by reason of contract with or of the proximity to or by reason of the defective or dangerous condition of, any appliance or apparatus used in the generation, transmission, supply or use of electricity;
(d) provide for the prevention of telegraph-lines from being injuriously affected by the generation, transmission, supply or use of electricity;
(e) authorise and regulate the fees to be paid in respect of any matter or thing prescribed by this Act or by the rules;
(f) prohibiting the importation or sale of any electrical appliance, apparatus or fitting unless it confirms with such standards or descriptions as are specified therein;
(g) controlling or restricting the importation, sale or disposal of any electrical appliance, apparatus or fitting which does not conform with such standards or descriptions as are specified therein:
Provided that no rule made under paragraphs (h) and (i) shall come into operation until after the expiration of a period of not less than three months from the publication of the rules in the Gazette, as may be specified in the rules.
(3) In making any rule under this Act, the Authority may provide that any breach shall be punishable with a fine not exceeding two thousand five hundred shillings and in the case of a continuing breach, with a further daily penalty not exceeding two hundred and fifty shillings.
[s. 83]
(4) The Minister responsible for public utilities may make rules to regulate and prescribe generally the duties and powers of the Licensing Board in connection with the examination, licensing and registration of installation contractors, wiremen and operators.
85. Power of licensee to make by-laws
(1) The licensee may with the approval of the Authority make by-laws to be observed by consumers of electricity as to–
(a) the conditions of supply including methods of charge and prices to be paid for electricity supplied;
(b) the terms and length of contracts required to be entered into; and
(c) any other matter generally relating to the supply of electricity to consumers.
(2) At least thirty days before the application for approval of any by-laws, the licensee shall by publication in the Gazette and one local newspaper circulating in the area to which the by-laws are intended to apply, give notice of the intention to make such an application for approval and shall make available at the licensee's office for public inspection, without payment a copy of such by-laws.
(3) All by-laws made under the powers conferred by this section shall, after approval, be published in the Gazette.
[s. 84]
86. Annual accounts of licensee
(1) The licensee shall, unless expressly exempted by order in writing of the Authority, prepare and submit to the Authority on or before the prescribed date in each year an annual statement of accounts of the licensee's business made up to such date, in such form and containing such particulars as may be prescribed.
(2) The licensee shall keep copies of such annual statements at his principal office in Tanzania, and may sell the same to any applicant at a price not exceeding three shillings.
[s. 85]
87. All enactment before EWURA to have effect of law
All enactments in operation at the commencement of this Part relating to the provision of electricity services or the functions of the Minister as provided in this Ordinance prior to the commencement of this Part and the EWURA Act *, shall have effect with such modifications as may be necessary to give full effect to this Act.
88. The rights of the Minister to vest in the Authority
The property, rights and liabilities to which the Minister was entitled or subject immediately before and after the commencement of this Part shall vest in the Authority. {/mprestriction}