6. Insertion of new section 9A in the principal enactment

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

The following section is hereby inserted immediately after section 9 of the principal enactment and shall have effect as section 9A of that enactment :—

9A. (1) The Commission may, having regard to :—

(a)

the process adopted for generation of electricity ;

(b)

the quantity of electricity proposed to be generated ;

(c)

the number of persons among whom the electricity generated is to be distributed ;

(d)

the location of the plant to be used for the generation of electricity ; and

(e)

any other criteria that the Commission may consider appropriate, by Order published in the Gazette, exempt any person or category of persons from the requirement of obtaining a licence for the generation or distribution of electricity, where such person engages in community based electricity generating project on a non-commercial basis.

(2)

The period for which such exemption is granted and the terms and conditions which such exemption shall be subject to, shall be as specified in such Order.

“Statutory exemptions.

(3)

The Commission may withdraw an exemption granted to any person or category of persons under subsection (1), where such person or category of persons :—

(a)

have acted in violation of any term or condition subject to which the exemption was granted ; or

(b)

commences to generate or distribute electricity on a commercial basis.

(4)

Where an exemption granted under this section is withdrawn, the Commission shall by notice published in such manner as the

Commission considers appropriate, disclose the names of the person or category of persons whose exemption is being withdrawn and notify the persons affected by such withdrawal, of the same.”.

Read on from s 7