CHAPTER 131
ELECTRICITY ACT

[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   [Repealed.]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
THE 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

1.   Short title

   This Act may be cited as the Electricity Act.

2.   Interpretation Act No. 11 of 2001 3rd Sch.">

   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.

3.   Application of Act Ord. No. 24 of 1934 s. 2">

   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.

4.   Power to grant licence Ord. No. 3 of 1957 s. 4">

   (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.

5.   Power to expropriate land Ord. No. 3 of 1957 s. 5">

   (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 Ord. No. 3 of 1957 s. 6">

   (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 Ord. No. 3 of 1957 s. 7">

   (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 G.N. No. 3 of 1957 s. 8">

   (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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