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As enacted
Contents

Part III · Modification and Enforcement of Licences

39. The resolution of disputes

Official English translation. The Sinhala text prevails.

(1)

The following disputes arising in connection with the supply or use of electricity shall be referred to the

Commission by any party to the dispute:-

(a)

a dispute between a licensee and a tariff customer arising under sections 25 to 30 or Schedules I, II or

III to this Act;

(b)

any dispute (other than a dispute referred to in paragraph (a)) between a licensee and -

(i)

a tariff customer;

(ii)

another licensee, or

(iii)

any other affected party, which the parties have not been able to resolve through any dispute resolution procedure prescribed by the Commission, despite the licensee using its best efforts to do so.

(2)

On a reference under paragraph (a) of subsection (1), the Commission shall mediate and resolve the dispute and on a reference under paragraph (b) of subsection (1), the

Commission shall mediate and resolve the dispute, unless it decides that it is more appropriate for the dispute to be determined either by the courts or through arbitration.

(3)

The practice and procedure to be followed in the resolution of any such dispute shall be such as the Commission shall set out by rules made under the Public Utilities

Commission of Sri Lanka Act, No. 35 of 2002 and this Act.

(4)

Where any dispute arising under section 27 is to be resolved by the Commission under this section, the

Commission may give directions as to the security (if any) to be given pending the determination of the dispute.

(5)

A resolution by the Commission under this section -

(a)

may include such incidental, supplemental and consequential provisions (including provisions requiring either party to pay a sum in respect of the costs or expenses incurred by the Commission) as the Commission considers appropriate; and

(b)

shall be final and shall be enforceable so far as it includes such provisions as to costs or expenses incurred by the Commission in the District Court of

Colombo, as if it were a decree entered by that court for the payment of money.

(6)

In including a provision as to costs and expenses in a resolution under this section, the Commission shall have regard to the conduct and means of the parties and any other relevant circumstances.