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Part XIV · Repeals and Transitional Provisions

51. Repeals and Transitional Provisions

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

(1)

With effect from the appointed date, the Ceylon

Electricity Board Act, No.17 of 1969 shall stand repealed.

Notwithstanding the repeal of the Ceylon Electricity Board

Act, No. 17 of 1969 -

(a)

all regulations made under the repealed Ceylon

Electricity Board Act, No.17 of 1969, and in force on the day immediately preceding the appointed date, shall, in so far as such regulations are not inconsistent with any provision of this Act, continue to be in operation from and after the appointed date, until regulations are made under this Act, to replace such regulations;

(b)

the provisions of the promotion schemes, codes of conduct and the disciplinary codes of the Ceylon

Electricity Board in force on the day immediately preceding the appointed date shall, in so far as such promotion schemes, codes of conduct and the disciplinary codes are not inconsistent with any provision of this Act, continue to be in operation from and after the appointed date, in respect of any matter or question arising in relation to the promotions, conduct and disciplinary control of the employees of the Ceylon

Electricity Board who have opted to continue in the service of the successor companies, until promotion schemes, codes of conduct and disciplinary codes are adopted by the successor companies to regulate promotions, conduct and disciplinary control of such employees;

(c)

where after the appointed date, there remains any matter or issue arising in or concerning the

Electricity Industry, for which no provisions or no effective provision has been made in this Act, such of the provisions of the Ceylon Electricity

Board Act, No.17 of 1969 as are not inconsistent with the provisions of this Act shall, from and after the appointed date, continue to be in operation and be applicable only in respect of any such matter or issue only and no other, until provision is made in this Act for such purpose;

(d)

all actions or proceedings whatever nature instituted by or against the Ceylon Electricity

Board and pending on the day immediately preceding the appointed date shall be deemed as from the appointed date to be actions and proceedings instituted by or against the respective successor company and may be continued accordingly;

(e)

all judgments, decrees or orders of any court made in favour or against the Ceylon Electricity Board before the appointed date, shall from and after such date be deemed to continue to be in force and shall be enforced accordingly in terms of this

Act;

(f)

any reference to the Ceylon Electricity Board in any notification, contract, instrument, record, share certificate, document, deed, bond, agreement, guarantee, Power of Attorney, grant of legal representation or any other instrument of whatever nature, which are currently in force shall be deemed to be valid and effectual and continue to be enforced accordingly in terms of this Act.

(2)

With effect from the appointed date, the Sri Lanka

Electricity Act, No. 20 of 2009, shall stand repealed.

Notwithstanding the repeal of Sri Lanka Electricity Act,

No. 20 of 2009-

(a)

all licences and deemed licences issued under the provisions of Sri Lanka Electricity Act, No.20 of 2009, and in force on the day preceding the appointed date shall, in so far as such licences authorised any one of the following activities, shall from and after the appointed date, continue to be valid and effective for a period of nine months from such date :-

(i)

all generation licences and deemed generation licences issued for generation of Electricity;

(ii)

the national transmission network service provider licence deemed to have been issued to carry on activities listed under sections 15 and 16 of this Act for operation, maintenance, future planning and development of the National Transmission

Network (also referred to as the “National

Grid of Sri Lanka”);

(iii)

the distribution licences issued for the distribution of electricity and or to supply of electricity to consumers and or to any premises of the authorised areas of the distribution divisions of the Ceylon

Electricity Board;

(iv)

national system operator licence deemed to have been issued to carry on activities listed under section 10;

(v)

distribution licence issued to Lanka

Electricity Company (Private) Ltd., for distribution and or to supply of electricity to consumers or to any premises of the authorised area of the Lanka Electricity

Company (Private) Ltd.:

Provided that, not less than six months prior to the expiry of the period of nine months referred to in paragraph (a) of subsection (2), all licensees and deemed licensees shall be required to forward applications to obtain licences in terms of the provisions of this Act:

Provided further, all generation licences issued to entities other than the Ceylon Electricity Board and the distribution licence issued to the Lanka Electricity Company

(Private) Ltd. shall continue for the remaining period of such licences. The successor companies to be formed to take over the generation activities currently undertaken by the Ceylon

Electricity Board, the National Transmission Network

Service Provider, National System Operator and the distribution companies shall be deemed to be licensed to undertake the tasks assigned under this Act for a period of nine months and within six months from the appointed date, these entities shall be required to apply for new licences under this Act; and

(b)

all regulations made under section 56 of the repealed Sri Lanka Electricity Act, No. 20 of 2009, and in force on the day immediately preceding the appointed date shall, with effect from such date, continue to be in force and be deemed, in so far as such regulations are not inconsistent with any provision of this Act, until regulations are made under this Act.

(3)

The Registrar of Lands, shall be required to register all lands that have been transferred from the Department of

Government Electrical Undertakings and the local authorities to the Ceylon Electricity Board by virtue of the operation of the provisions of Part II of the Ceylon Electricity Board Act,

No. 17 of 1969, upon submission of a certificate issued under the hand of the General Manager of the Ceylon Electricity

Board based on information and documentary proof in respect of such transfer as is within the possession and control of the General Manager certifying that the Ceylon Electricity

Board is the owner of all lands described (with metes and boundaries) in the Schedule annexed to such certificate.

(4)

A certificate shall be issued under the hand of the

General Manager of the Ceylon Electricity Board to the effect that the Ceylon Electricity Board became the owner and occupier of the lands more fully described in the Schedule annexed to the certificate as from the date of taking over the all electrical undertakings including all assets and lands, which were owned and possessed by the Department of

Government Electrical Undertakings or any local authority, by virtue of the operation of the provisions of Part II of the

Ceylon Electricity Board Act, No. 17 of 1969 and from and after the date on which all electrical undertakings of the

Department of Ceylon Electricity Board had enjoyed all benefits of those lands and assets as the property of the Ceylon

Electricity Board free of any encumbrances.

(5)

For the purpose of this section, the term “Registrar of

Lands” means the Registrar of Lands appointed under the

Registration of Documents Ordinance (Chapter 117) and having jurisdiction over the districts or divisions in which such lands are situated.