Central Electricity Board Act

Act 32 of 1963

Citation: Act 32 of 1963
Date: 30 June 2017
Language: English
Type: Act

Mauritius

Central Electricity Board Act

Act 32 of 1963

Commenced on 25 January 1964
[This is the version of this document at 30 June 2017.]

1. Short title

This Act may be cited as the Central Electricity Board Act.

2. Interpretation

In this Act—"Board" means the Central Electricity Board constituted under this Act;"Chairperson" means the Chairperson of the Board;"electricity consumer" means any authority, company, person or body of persons supplied or entitled to be supplied with electrical energy by the Board or by a licensed electricity undertaking;"financial year" means the calendar year;"General Manager" means the officer of the Board appointed to that office under this Act;"licensed electricity undertaking" means an undertaking licensed under the Electricity Act for the supply and distribution of electricity;"Minister" means the Minister to whom responsibility for the Board is assigned.

3. Control and development of electricity

The Central Electricity Board, constituted under this Act, shall be responsible for the control and development of the electricity supplies generally in Mauritius.

4. Legal status of Board

(1)The Board shall be a body corporate.

(2)Service of any process by or on the Board shall be sufficient if made on behalf of or on the Chairperson.

5. Constitution of Board

(1)

(a)The Board shall, subject to this section, consist of—

(i)a Chairperson;

(ii)the General Manager;

(iii)a representative of the Ministry responsible for the subject of finance;

(iv)a representative of the Ministry responsible for the subject of the Board;

(v)a representative of the Ministry responsible for the subject of economic planning;

(vi)a representative of the Central Water Authority;

(vii)one member chosen from among the members of the Engineers' Association;

(viii)2 members of the Electricity Advisory Committee set up under section 24 nominated by the members thereof from among themselves, one of whom shall be selected to represent the interests of urban consumers of electricity, and the other, the interests of rural consumers;

(ix)2 other members, with experience in agricultural, industrial, commercial, financial, scientific or administrative matters.

(b)The Chairperson and members, other than the General Manager and the members referred to in paragraph (a) (iii), (iv), (v) and (vi), shall be appointed by the Minister and shall hold office for a period of 3 years and may be eligible for reappointment.

(2)

(a)The Chairperson shall preside at all meetings of the Board and, in his absence from a meeting, the members present shall elect a Chairperson from among themselves.

(b)In the absence of the Chairperson from Mauritius, the Minister may nominate a member of the Board to act as Chairperson and such member shall exercise all the powers and perform all the duties of the Chairperson.

(3)The following persons shall not be eligible for appointment as Chairperson or member of the Board—

(a)members of the Assembly;

(b)persons employed by or holding any interest in any licensed electricity undertaking and the agents or nominees of such persons.

(4)The name of every person appointed as Chairperson or as member, whether to fill a vacancy or otherwise, and the name of every person appointed to the office of General Manager shall be published in the Gazette as soon as possible after such appointment.

(5)The office of the Chairperson or a member of the Board, other than the General Manager, shall become vacant—

(a)on his death;

(b)where by writing under his hand addressed to the Minister, he resigns his office, and his resignation is accepted by the Minister, or, where not accepted, is not withdrawn within 7 days of its receipt by the Minister;

(c)where, in the opinion of the Minister, he becomes incapacitated by illness or any other cause from performing the duties of his office, on receipt by the Chairperson or member, as the case may be, of notification of the termination of his appointment by the Minister;

(d)where he becomes a member of the Assembly; or

(e)where he becomes employed by, or acquires any interest in, or becomes the agent or nominee of a person employed by or holding any interest in, any licensed electricity undertaking.

(6)

(a)Where an office becomes vacant, the vacancy may, and, where by reason of the vacancy there are less than 4 members excluding the member referred to in subsection (1) (a) (iii), shall be filled by appointment by the Minister in accordance with this section.

(b)Where the office of Chairperson becomes vacant, the Minister may appoint a member of the Board to fill the vacancy.

(7)

(a)At any meeting of the Board, the Chairperson and 4 members shall constitute a quorum.

(b)Questions arising at any meeting of the Board shall be decided by a majority of the votes of the Chairperson and members present and, if at any such meeting the votes are equally divided, the Chairperson shall have a second or casting vote.

(8)The Board shall continue in existence notwithstanding any vacancy and shall not be disqualified for the transaction of business by reason of any vacancy.

(9)The Board shall meet or as often as the Chairperson thinks it necessary but at least once every month.

(10)Every meeting of the Board shall be convened by the Chairperson either of his own accord or at the request of 2 members of the Board.

(11)

(a)Every member of the Board, other than the Chairperson and the General Manager, shall, for every meeting of the Board which he attends, be paid such fees and expenses as the Minister may determine.

(b)The Chairperson shall receive such remuneration as the Minister may determine.

6. Appointment of officers

(1)The Board shall appoint and employ a General Manager and such technical and administrative staff as it thinks fit.

(2)The salaries and terms of appointment under this section shall be determined by the Board.

7. Delegation of Board's powers

(1)The Board may, subject to such conditions and restrictions as it may determine, delegate to the Chairperson all or any of the powers, functions and duties by this Act vested in the Board, except the powers to make regulations, invest and borrow money, and any powers so delegated shall be exercisable by the Chairperson in the name and on behalf of the Board.

(2)The Chairperson may, with the approval of the Board, delegate to the General Manager or to any other employee of the Board any of the powers delegated to him by the Board under subsection (1).

8. Benefits to employees on retirement

The Board shall provide for persons in its employ or their dependants by means of insurance with an insurance company or a pension or provident fund or otherwise, pecuniary benefits on retirement, death or termination of service or in the event of sickness or injury.

9. Execution of documents

(1)All deeds, instruments, contracts and other documents shall be deemed to be duly executed by or on behalf of the Board if signed by the Chairperson or any other person nominated for that purpose by the Board.

(2)A cheque upon any banking account kept by the Board shall be signed by any 2 of the Chairperson, the General Manager, a member nominated for that purpose by the Board, the Secretary or the Accountant.

10. Duties of Board

(1)The functions and duties of the Board shall be—

(a)to prepare and carry out development schemes with the general object of promoting, coordinating and improving the generation, transmission, distribution and sale of electricity for all purposes throughout Mauritius as required;

(b)to provide for new generating stations;

(c)to discharge or perform any other functions and duties committed to or imposed on it by this Act or under any other enactment;

(d)to collect such fees on behalf of the Mauritius Broadcasting Corporation or such other body as the Minister may approve.

(2)The Board may, with the approval of the Minister, set up such companies under the Companies Act for—

(a)the implementation of projects relating to the production of electricity from renewable energy sources;

(b)the use of its network for the development of projects of national interest; or

(c)the implementation of such other projects as the Board may determine.

(3)A company set up under subsection (2) shall be an exempt organisation within the meaning of the Public Procurement Act.

[S. 10 amended by Act 56 of 1 984; Act 26 of 1992; s. 29 (3) of Act 13 of 2013 w.e.f. 5 February 2014; s. 6 (a) of Act 18 of 201 6 w.e.f. 7 September 2016.]

11. Entry on land

(1)The Board may cause entry to be made by or through its officers, servants or agents on any land for the purpose of making plans and surveys of the land.

(2)At least 7 days' notice shall be given to the owners and occupiers of any land to be entered under subsection (1) and compensation shall be paid for any damage done by officers or servants of the Board while on the land.

12. Borrowing powers of Board

(1)

(a)The Board may, with the approval of the Minister, raise money by way of loan and, for the purpose of any such loan or for the payment of any debt due by the Board, may issue debentures or debenture stock in such amounts and for such periods as the Minister may approve.

(b)In addition to the powers conferred on it under paragraph (a), the Board may obtain by way of advances from the Government, and the Government may out of funds voted by the Assembly for the purpose advance to the Board, money sufficient to enable the Board to carry out any of its powers, duties and functions or in anticipation of revenues to be earned from any undertaking to be acquired or established by the Board.

(c)The Board may put any money borrowed by or advanced to it under this section to the payment of interest in respect of any loan or advance for such period as the Minister may approve but not exceeding 7 years from the issue of the security of the loan or advance.

(2)The Board may also borrow temporarily, by way of bank overdraft or otherwise, such sums as it may require for meeting its obligations or discharging its functions.

(3)The repayment of money borrowed by the Board and the payment of interest on it and all charges connected with the borrowing shall be a liability of the Board and shall be charged on its property, assets and revenues.

13. Powers of investment of Board

(1)The Board may, with the permission of the Minister to whom responsibility for the subject of finance is assigned—

(a)invest any money which is not immediately required to be expended in the meeting of any obligations or the performance of any functions of the Board in any investments, securities or loans as the Minister to whom responsibility for the subject of finance is assigned may approve;

(b)realise any investments, securities or loans under its control in order to finance its operations or for the purpose of reinvestment under this section.

(2)Notwithstanding subsection (1), the Board may, without the approval of the Minister to whom responsibility for the subject of finance is assigned, deposit money with a bank licensed under the Banking Act.

13A. Interest in corporate body

The Board may, for the purpose of its activities, directly or through any company set up under section 10 (2)—

(a)acquire or hold any interest in any corporate body;

(b)enter into agreement with any corporate body and take over the property, rights, privileges and liabilities of any such body.

[S. 13A inserted by s. 6 (b) of Act 18 of 2016 w.e.f. 7 September 2016.]

14. Register to be kept

(1)Where in furtherance of the powers conferred on the Board under section 12, debentures or debenture stock are issued by the Board, a register of the debentures and debenture stock shall be kept by the Board in one or more books and there shall be entered in the register the following particulars—

(a)the names, addresses and description of the holders of the debentures and debenture stock;

(b)the amount of each of the debentures or debenture stock held by every such person;

(c)the date at which the name of every such person was entered on the register;

(d)the date at which any person ceased to hold any debentures or debenture stock.

(2)

(a)Every person holding debentures or debenture stock shall to give notice to the Board of any change of address.

(b)Any person who fails to comply with paragraph (a) shall be liable to a penalty of 500 rupees.

15. Transfer of debentures

(1)The debentures or debenture stock registered under section 14 shall be transferable by means of an instrument in writing signed by the transferor and the transferee or by the holders of their power of attorney.

(2)Every such instrument shall be left at the office of the Board for registration, accompanied by the certificate of the debentures or debenture stock to be transferred and the transfer shall be made on payment to the Board for each transfer of a fee not exceeding one rupee and 50 cents as the Board may determine.

(3)All instruments of transfer which are registered in the books of the Board shall be retained by the Board.

16. Subdivision of debenture or debenture stock

Every holder of a debenture or debenture stock may make an application to the Board for a subdivision of the debenture or debenture stock and the Board may grant the application if it is satisfied that the application is reasonable.

17. Replacement of certificates

(1)On any subdivision of a debenture or debenture stock or where any certificate is worn out or defaced, then on production of the certificate to the Board, the Board may order the certificate to be cancelled and may issue a new certificate or new certificates upon payment of a fee not exceeding one rupee and 50 cents per certificate.

(2)Where a certificate of a person is lost or destroyed before it has been paid off, a new certificate may be issued to that person where—

(a)he proves to the satisfaction of the Board that the certificate has in fact been lost or destroyed;

(b)he gives security to the satisfaction of the Board for indemnifying the Board for any loss which the Board may incur;

(c)he pays a fee not exceeding one rupee and 50 cents for each certificate;

(d)he advertises the loss or destruction of his certificate.

(3)Where a debenture or debenture stock of a person which is lost or destroyed becomes overdue, the Board may pay off the money due on the debenture or debenture stock to that person if he gives security to the satisfaction of the Board for indemnifying the Board for any loss which the Board may incur.

(4)The new debenture stock shall bear the same interest and be subject to the same rules as the original debenture or debenture stock.

18. Pledging of debentures and debenture stock

(1)

(a)Debentures and debenture stock may be given in pledge in all civil and commercial transactions.

(b)A pledge under paragraph (a) shall be sufficiently proved by a transfer inscribed in a register kept for that purpose by the Board, specifying that the pledgee holds the debentures or debenture stock not as owner but in a pledge of a debt, the amount of which shall be mentioned.

(c)A transfer under paragraph (b) shall be signed by the pledger and by the pledgee or by the holders of their power of attorney and by the Chairperson of the Board.

(2)For every transfer the Board shall charge a fee not exceeding one rupee and 50 cents as the Board may decide.

(3)Notwithstanding articles 2074 and 2075 of the Code Civil Mauricien, a pledge under this section shall to all intents and purposes be valid as regards the parties to the contract and all third parties.

19. Signing of register

Where in furtherance of article 2088 of the Code Civil Mauricien, a debenture or debenture stock is, in default of payment of the debt which it guarantees, sold by public auction, the transfer may, notwithstanding section 15, be signed on behalf of the transferor by the sworn broker or sworn auctioneer having effected the sale.

20. Prices charged for supply of electricity

(1)The prices to be charged for electricity supplied shall be fixed by the Board and shall be such as to cover—

(a)the cost of production (including generation, transmission, distribution, maintenance and administration), depreciation, interest charges, and taxation (if any);

(b)the amounts required for the redemption of loans (including sinking fund contributions) to the extent that those amounts exceed the provisions for depreciation; and

(c)allocation to reserves.

(2)Subject to subsection (3), the prices fixed under this section shall be published by way of general notice in the Gazette and shall be chargeable as from the date of the publication or as from such date as may in the notice be determined by the Board, notwithstanding that other prices may have previously been agreed upon by contract or otherwise between the Board and any consumer.

(3)Subsection (2) shall not apply to—

(a)any long-term contract for the supply of electricity existing at the date of the coming into operation of this subsection between the Board and—

(i)—

(ii)any local authority;

(iii)any sugar estate;

(iv)the owners of the pumping station at Beard on Reunion Sugar Estate;

(b)any long-term contract in which it is specified that the prices to be charged for electricity supplied under that contract shall not for the duration of the contract be altered as a consequence of any change in prices effected by subsection (2).

(4)In subsection (3), "long-term contract" means a contract the duration of which shall not be less than 2 years.

20A. Collection of licence fees

(1)The Board shall, for and on behalf of the Mauritius Broadcasting Corporation, collect the licence fees and surcharge payable under the Mauritius Broadcasting Corporation (Collection of Licence Fees) Act.

(2)Every consumer of electricity who is liable to pay the licence fee specified in subsection (1) shall pay to the Board the licence fee along with the electricity bill within 20 days of the issue of the bill.

(2A)

(a)The Board may, for the purposes of this Act, enter into an agreement with an electricity consumer for the supply of electricity on a prepaid basis.

(b)Notwithstanding this section, where the Board enters into an agreement under paragraph (a) with an electricity consumer who is liable to pay the licence fee specified in subsection (1), the consumer shall pay that licence fee to the Board in such manner and within such period as it may determine.

(3)Where a person fails to comply with subsection (2) or (2A) (b), the Board may disconnect the electricity supply.

[S. 20A inserted by Act 56 of 1984; amended by Act 26 of 1992; s. 5 of Act 27 of 2013 w.e.f. 17 February 2014.]

20B. Collection of value added tax

The Board shall collect the tax specified in the Value Added Tax Act and pay it to the Director-General of the Mauritius Revenue Authority in accordance with that Act.[S. 20B inserted by Act 13 of 1996.]

21. Powers of Minister

(1)The Minister may, in relation to the exercise of the powers of the Board under this Act, give such general directions to the Board as he may determine in the public interest and the Board shall comply with those directions.

(2)The Board shall furnish to the Minister such information with respect to the activities of the Board, in such manner and at such times, as the Minister may determine.

(3)The General Manager and the Board shall furnish to the Minister such returns or copies of such documents, including the minutes of proceedings of the Board's meetings and the accounts of the Board, as the Minister may determine.

22. Estimates

(1)The Board shall, not less than 6 weeks before the end of the year, submit to the Minister the capital expenditure programme for his approval, and the estimates of expenditure and revenue for the next year in such form as the Minister may determine.

(2)The capital expenditure programme, as approved, and the estimates of revenue and expenditure shall as soon as possible, be laid on the table of the Assembly by the Minister.

(3)No expenditure in excess of the approved expenditure programme shall be incurred by the Board, except in accordance with such procedure and within such limits as the Minister may determine.

23. Protection from liability

(1)No liability, civil or criminal, shall be incurred by the Chairperson or any member or officer in respect of any act done or omitted in good faith by him in the discharge of his functions or exercise of his powers under this Act or any regulations made under it.

(2)Subsection (1) shall be in addition to, and not in derogation from, the Public Officers' Protection Act, and for the purposes of that Act, the Chairperson, members and officers shall be deemed to be public officers or persons engaged or employed in the performance of a public duty.

24. Electricity Advisory Committee

(1)The Minister may appoint an advisory committee to be known as the Electricity Advisory Committee, for the purpose of considering such matters affecting the distribution of electricity and the interests of electricity consumers in general as may be referred to the committee, by the Board, or by electricity consumers and the Board shall take into consideration any representation which may be made by the committee on the matters so referred to them.

(2)The Electricity Advisory Committee shall consist of the following persons, to be appointed by the Minister—

(a)2 persons nominated by the Municipal City Council of Port Louis;

(b)one person nominated by the Municipal Town Council of Beau Bassin-Rose Hill;

(c)one person nominated by the Municipal Town Council of Curepipe;

(d)one person nominated by the Municipal Town Council of Quatre Bornes;

(e)one person nominated by the Municipal Town Council of Vacoas-Phoenix;

(f)one person nominated by the Chamber of Commerce;

(g)one person nominated by the Chamber of Agriculture;

(h)such additional persons, not more than 5 in number, as the Minister may determine, to represent other areas and interests.

(3)The members of the Electricity Advisory Committee shall hold office for such time and subject to such conditions as the Minister may determine and the Chairperson of the Committee shall be designated by the Minister from among such members.

24A. Exemption from income tax

The Board shall not be liable to any tax on its income.

25. Regulations

(1)The Board may make such regulations as it thinks fit for the purposes of this Act.

(2)In particular and without prejudice to the generality of the foregoing power, regulations under subsection (1) may provide for—

(a)the proceedings and business of the Board;

(b)the establishment of such funds as may be necessary for the conduct of the financial affairs of the Board;

(c)the establishment and control of a pension or provident fund, the contributions to be paid by itself and persons in its employ, respectively, into any such fund or under an insurance scheme undertaken by the Board under section 8, and the pecuniary benefits which are, on sickness, injury, death, retirement or termination of service to accrue to such persons or their dependants;

(d)the books, registers and records to be kept and the manner and form in which they are to be kept;

(e)the manner in which accounts are to be kept and audited and the annual report published; and

(f)generally for the better carrying out of the objects and purposes of this Act.

(3)Regulations made under this section may provide that any person who contravenes them shall commit an offence and shall, on conviction, be liable to a fine not exceeding 1,000 rupees.

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History of this document

30 June 2017 this version

Consolidation

25 January 1964

Commenced