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As enacted
Contents

Part II · National Electricity Advisory Council, the National Electricity Policy and the Issue of Policy Guidelines

3. Establishment of the National Electricity Advisory Council

Official English translation. The Sinhala text prevails.

(1)

There shall be established for the purposes of this Act, a Council which shall be called and known as the

“National Electricity Advisory Council” (hereinafter referred to as the “Council”).

(2)

The Council shall by the name assigned to it by subsection (1), be a body corporate and shall have perpetual succession and a common seal and may sue and be sued by such name.

(3)

(a)

The Council shall be charged with the responsibility of advising the Minister in formulating the national electricity policy in respect of -

(i)

matters relating to the Electricity Industry and formulation of the national electricity policy in terms of section 4 of this Act;

(ii)

matters relating to the implementation of the

Electricity Industry reforms in accordance with the provisions of this Act, relating to the generation, transmission, distribution, trade, supply and procurement of electricity in Sri Lanka;

(iii)

on the modalities relating to the formulation of proposals and plans for the development of the

Electricity Industry including the establishment of competitive electricity markets including interconnections with regional markets through the reform process in order to ensure its successful implementation;

(iv)

optimal utilisation of indigenous energy resources, including renewable energy, modern technologies and energy efficiency to meet the electricity demand at lowest economic cost;

(v)

matters related to the preparation of the Long Term

Power System Development Plan in terms of the national electricity policy under the provisions of this Act;

(vi)

matters relating to the formulation of the national tariff policy, in consultation with the Ministry of

Finance and the Regulator, to ensure consumer affordability, financial sustainability and reasonable return on the investments of the regulated entities; and

(vii)

any other matter connected with or arising out of the national electricity policy.

(b)

The Council may, in discharging its responsibilities under this subsection, consult the relevant stakeholders and shall act in good faith and in the best interests of the country and the consumers.

(4)

The Council shall consist of following seven members appointed by the Minister, with the approval of the Cabinet of Ministers, one of whom shall be appointed by the Minister as the Chairperson of the Council: -

(a)

Secretary to the Ministry of the Minister;

(b)

Director General of the Department of National

Planning;

(c)

Director General of Sri Lanka Sustainable Energy

Authority;

(d)

a person who has expertise, reached eminence and has at least twenty years of experience in the field of energy policy making;

(e)

a person who has expertise, reached eminence and has at least twenty years of experience in economics;

(f)

a person who has expertise, reached eminence and has at least twenty years of experience in the field of power system planning and operation; and

(g)

a person who has expertise, reached eminence and has at least twenty years of experience in the field of renewable energy, energy transition and finance.

(5)

(a)

Every member of the Council, before assuming office shall submit to the Minister, a general disclosure of his interests as at the date of appointment.

(b)

Any member of the Council who is directly or indirectly interested in any matter that is to be taken up before the Council shall disclose the nature of such interest to the Council and shall not take part in any deliberation or decision of the Council with regard to that matter.

(6)

(a)

The Council shall, with the approval of the

Minister, appoint a Director General who has expertise, reached eminence and has at least twenty years of experience in electrical engineering and administration.

(b)

The Director General shall be responsible for the administration of the affairs of the Council and carry out the tasks assigned to him, from time to time, by the Council.

The Director General shall act under the administrative supervision of the Secretary to the Ministry of the Minister.

(7)

The members of the Council shall hold office for a period of three years and shall exercise, perform and discharge the powers, duties and functions assigned to the

Council in accordance with the provisions of this Act and terms of reference set out in their letters of appointment.

(8)

(a)

The Minister may co-opt persons with specific qualifications and expertise to be present at meetings of the

Council, where the relevant expertise is required for any particular issue before the Council.

(b)

Such persons shall participate in and assist at any meeting at which the issue requiring their expertise is being discussed so however, shall not be entitled to vote on any matter so discussed.

(9)

(a)

A person shall be disqualified from being appointed or continued to be a member of the Council, if such person -

(i)

is not or ceases to be a citizen of Sri Lanka;

(ii)

is or has been within three years prior to being appointed, a Member of Parliament, a Provincial

Council or a Local Authority;

(iii)

is a connected person having any financial or other interest amounting to a conflict of interest directly or indirectly in any entity in the Electricity

Industry or any matter performed by such person;

(iv)

is under any written law in force in Sri Lanka found or declared to be of unsound mind;

(v)

is a person who has been declared an insolvent or bankrupt under any written law in Sri Lanka or in any other country, is undischarged insolvent or bankrupt;

(vi)

has been convicted of any criminal offence by any court in Sri Lanka or in any other country; or

(vii)

is subject to any mental or physical disability which precludes such person from discharging the responsibilities assigned to such person as a member of the Council.

(b)

The Minister shall, after informing the Cabinet of

Ministers in writing the reasons therefor, remove any member of the Council if such member is subject to any disqualification specified in paragraph (a).

(10)

(a)

The Council shall employ such number of persons to function as the staff of the Council who shall assist the Council in the discharge of its responsibilities in terms of the provisions of paragraph (a) of subsection (3)

including the matters concerning the responsibilities of the

Council.

(b)

The Council shall, make rules specifying the organisational structure of the staff and the duties assigned to each member of the staff and the manner in which the day-to-day business of the Council to be managed.

(c)

The manner and the rates of the remuneration payable to the members and the staff of the Council shall be determined by the Secretary to the Ministry of the Minister in consultation with the Secretary to the Treasury.

(11)

The Council shall make rules to regulate the manner in which the business of the Council is to be transacted and the procedure to be followed in the conduct of meetings of the Council.

(12)

The Minister shall, from time to time, issue to the

Council such directions and guidelines on matters connected to the national electricity policy including the overall planning and coordination as may be required for the efficient performance and discharge of the duties and functions of the Council. Such directions and guidelines shall be consistent with the objects of this Act and the national electricity policy.

Part III

Regulator for the Electricity Industry

Part IV

Establishment of the National System Operator

Part V

National Transmission Network Service Provider

Part VI

Incorporation of Limited Companies Under the Companies Act…

Part VII

Licensing

Part VIII

Tariffs

Part IX

Wholesale Electricity Market

Part X

Consumer Protection

Part XI

Finance

Part XII

Miscellaneous

Part XIII

General

Part XIV

Repeals and Transitional Provisions

Schedules