Electricity Act (1964 Revision)

Provides definitions of terms used in the Act (for example, "authorised undertaker", "board", "consumer", "electricity", "electric line", and "service line").

Establishes a consultative council appointed by the Minister (up to 12 members), sets member term of two years, requires the council to advise the board and Minister, directs the board to reimburse members and provide funds, allows resignation and ministerial termination, and empowers the council to regulate its proceedings.

The Minister may direct the Board (after consulting it) on how to perform its functions and manage certain assets, and the Board must follow those directions and provide information and reports to the Minister.

The board must fix electricity prices so it can comply with section 7 and must not enter into contracts to supply or take electricity with persons outside Uganda; it must not show undue preference or exercise undue discrimination when fixing tariffs or making agreements.

The board must establish and manage a general fund and other necessary funds (including a reserve fund from profits) and may, with ministerial approval, establish other funds, invest monies not immediately required in allowed investments or with ministerial permission, and realise investments to finance operations or reinvestment.

The board may, with the Minister for finance's consent or under a general authority from the Minister, temporarily borrow (including by bank overdraft), raise loans, or issue stock (with Parliament approval); repayment, interest and charges are a liability of the board charged on its property, assets and revenues.

The board must have its accounts audited annually by an auditor it appoints (approved by the Minister), must report and deliver audited accounts to the Minister after each financial year, and the Minister must lay the report and accounts before Parliament; persons or firms may not be appointed as auditors unless they meet the specified professional qualifications.

The Board controls generation, transmission, distribution and supply of electricity; licences may be granted with conditions; exemptions exist for small on-site generation; appeals to the Minister allowed within thirty days; contraventions are offences punishable by a fine.

The former Uganda Electricity Board is reestablished as the board; its property and contract benefits vest in the board and the board succeeds to the former board's obligations and liabilities.

The board must consist of a chairperson and between five and eight other members; members are appointed by the Minister, who directs terms (including remuneration) and may give directions about pensions/gratuities which the board must implement; appointments may be terminated on six months' written notice by the Minister or by the chairperson or member; the board may reimburse members for reasonable expenses.

The section sets board meeting procedures: the board must regulate its procedure, appoint a deputy chairperson and a secretary (who must not be a board member); the chairperson or deputy presides and has a casting vote; if both are absent members elect a presiding member who has chair powers but not a casting vote.

The board is established as a corporate body with perpetual succession and a common seal; it may sue and be sued, own and deal with property, borrow and lend, enter contracts, and perform acts of a corporate body. The board's seal must be authenticated by specified signatures; certain persons may signify orders and execute non-sealed contracts on behalf of the board.

The board must carry out a range of functions including generating, transmitting, distributing and supplying electricity; developing and cheapening supplies; training employees; conducting and funding research; and performing duties required by the Act.

The board must perform its functions so that, taking one year with another, the board's revenues exceed its outgoings properly chargeable to revenue account.

The board may exercise many powers (including appointing a chief executive officer) for carrying out its functions; a chief executive officer appointed shall hold office for such period and be charged with directing the board's business subject to board policy.

The board may acquire required land by agreement if alienated public land, or if unalienated or agreement fails, notify the Minister; the Minister or Government may arrange to place land at the board's disposal (Minister for unalienated land; Government may compulsorily acquire alienated land).

The board must supply electricity to premises when required by the owner or occupier unless more than 100 yards from the nearest distributing main; the board must provide necessary lines and may require the consumer to pay associated costs; the Minister may make regulations about such supplies; the board may refuse supply for safety, nonconformity or unpaid sums.

The board must, when an urban authority with jurisdiction requires it and where the board maintains a general supply, supply electricity for public lamps and similar street apparatus within a reasonable time; when such supply is provided the urban authority must refund to the board the cost of necessary electric lines to the agreed extent or as determined by the Minister if they disagree.

If the board supplies a consumer temporarily, the consumer must pay the board the whole cost of providing and removing the electric lines needed for that supply.

People cannot demand stand-by electricity from the board for premises that already have another energy supply unless they agree to pay a minimum annual sum to the board; disputes are to be determined by the Minister.

Consumers are entitled to be supplied with maximum power they require up to a reasonable anticipated maximum; consumers who specify a maximum cannot alter it without reasonable notice and must refund reasonable expenses incurred by the board for alterations; disputes about refunds are to be determined by the Minister.

The board may substitute or use a transformer provided on a consumer’s premises for other consumers subject to agreement and so long as the consumer’s supply is not prejudiced; the board may not install a transformer beyond the consumer’s site without consent; "transformer" is defined to include switchgear, electric lines and ancillary apparatus.

The board is prohibited from requiring consumers to use any special form of electrical fittings, except where regulations under this Act prescribe otherwise.

The board must provide meters (unless the tariff makes meters inappropriate or the consumer and board agree otherwise); the consumer must pay reasonable charges fixed by the board; the board must seal every meter and may install and seal protective cutouts.

The board must not remove, alter, adjust or readjust any meter in any premises unless the consumer consents or the board has given at least forty-eight hours' notice of its intention.

An electrical inspector may determine disputes between the board and a consumer about a meter register; the inspector's decision is final and binding on both parties.

The board must establish testing stations, equip them with prescribed instruments, and maintain and test those instruments.

When, at the consumer's request, the board reads a meter outside the normal periodic reading it is entitled to recover from the consumer charges to defray its cost, subject to a maximum to be prescribed.

Consumers must give twenty-four hours’ written notice to the board before quitting premises supplied with electricity.

The board may not make the next consumer pay a previous consumer's unpaid electricity charges or other charges unless the new consumer has undertaken to pay or the former consumer still resides at the premises.

The board may require a consumer to provide sufficient security within seven days by cash deposit or otherwise to cover payment for supplied electricity where no adequate security exists.

The board may discontinue electricity supply to a consumer for specified breaches and may cut lines or refuse reconnection until sums, expenses and fees are paid or faults are rectified.

If the board defaults in supplying electricity it is liable to penalties up to 50 shillings for each day (or per lamp/apparatus per day) and an aggregate cap of 1,500 shillings for any one day; the board may interrupt supply for necessary works without penalty if, except in emergencies, it gives twenty-four hours’ notice; no penalty where court finds inevitable accident, force majeure or trivial default.

The board must make and maintain maps and plans showing electric lines and distributing mains, supply specified maps to the Minister or local authorities when required, allow inspection and copying (with limited fees), correct maps annually, and is liable to a penalty for default.

A duly authorised servant or agent of the board may, subject to section 54 and at all reasonable times, enter premises supplied with electricity by the board to check consumption, install/inspect/maintain/test/repair meters or equipment, or remove board-owned meters and fittings when supply is discontinued or no longer required.

The board may place electric lines and use land or structures to support them, but before doing so it must serve written notice and prepare a plan; plans must be open to inspection, lines must not obstruct roads/railways/water navigation or airfields, and district commissioners or the Minister can consent if a served person does not consent within fourteen days.

The board, through its authorised servants or agents, may cut or clear vegetation, enter land or premises, pass over land, and dig or bore for surveys when necessary for construction, maintenance, inspection, surveys or protection of electric lines.

The Minister may order the board to alter the position of electric lines or their supports; such an order can be made on the Minister’s own motion or on application, may include terms and conditions (not pecuniary, subject to subsection (2)(c)), and may require the applicant to refund part or all costs where applicable.

The board may break up roads, sewers or tunnels for electric works but must notify the appropriate authority, follow approved plans (except in certain cases), carry out works with dispatch, allow supervision, protect and light openings, and reinstate and keep in repair affected infrastructure for specified periods.

The board and authorised undertakers may serve written notices requiring the other to alter lines or drains (excluding main drains); the Minister may authorise or require alterations and cost apportionment in certain conditions.

When works by the board or an authorised undertaker are likely to affect lawfully placed sewers, drains, pipes or electric lines, the party executing the works (the operator) must notify the owner and wait seven days, provide supervision facilities, comply with reasonable protection requirements, and ensure safe support and insulation where tunnelling or crossings occur; minor works and emergency works are treated differently; owners may complain and refer matters to the Minister who can dismiss or give directions.

In an emergency, the servants or agents of the board may enter land or premises without notice, use force if necessary, and carry out emergency works (subject to sections 39 and 41).

Electrical inspectors may be appointed by the Minister; they must inspect and test a board’s electrical plant, instruments and supply when they think fit, perform other statutory duties, may charge prescribed fees which must be paid into the Consolidated Fund, and their signed written inspection reports are prima facie evidence in proceedings though the court may summon the inspector for oral evidence.

When an electrical inspector tests the board’s electrical plant, the inspector must notify the board and indicate the nature and scope of the test, carry out the test at hours that least interfere with supply, may not access or interfere with the board’s mains except where the board has reserved access, the board is not responsible for interruptions caused by the test, and the inspector may not test the same portion more than once within three months without the Minister’s written authority.

An electrical inspector must, when requested by a consumer and on payment of the prescribed fee, test voltage variation or inspect and test the board’s electrical plant on the consumer’s premises to determine compliance; the inspector must deliver a written report, dissatisfied parties may appeal to the Minister whose decision is final, and if the board is shown to be at fault it must repay the fee.

The board must place and maintain approved instruments on prescribed supply premises, record observations, provide facilities on non‑prescribed premises, keep instruments in working order, and electrical inspectors may examine and record instrument readings.

Electrical inspectors may enter consumer premises and land with board lines, have access to board premises for testing equipment, can require the board to put faulty plant/instruments in order, the board may be represented during inspections, and the board's servants or agents must not interfere.

The board must provide facilities and comply with requirements for inspection and testing; failure risks penalties up to 500 shillings and 50 shillings per day.

The board must promptly notify the Minister in writing when it knows of an accident; the Minister may appoint inspectors to inquire and report; appointed non-inspectors have inspector powers; the board is liable to a penalty not exceeding five hundred shillings for default in giving notice.

The Minister may forbid use of defective or dangerous electrical plant; the board is liable to a penalty if it uses a plant when such use is forbidden.

It is an offence for a person, without lawful excuse or board authority, to wilfully interfere with electrical plant or break seals; on conviction the person may be fined up to one thousand shillings, imprisoned up to six months, or both.

Electrical plant and fittings belonging to the board placed on premises to supply electricity remain the board’s property and may be removed by the board; payment by a consumer does not give the consumer ownership rights.

Persons such as the chairperson, board members, board officers or Government officers acting in good faith to carry out this Act are not personally liable to civil proceedings for acts done in that capacity.

A right of entry under this Act cannot be exercised unless a person satisfies a magistrate that they would be entitled and either the occupier consented, a warrant is granted after the occupier refused consent following at least twenty-four hours' notice, the premises are unoccupied, or admission would defeat the purpose.

Board servants, agents and electrical inspectors must minimise damage when exercising specified powers; persons harmed are entitled to compensation except in specified cases; certain payments for acts under section 36 must be made if required; disputes over compensation or meanings are subject to Minister determination or arbitration with appointment and timing rules.

Sums due to the board are recoverable by civil proceedings; sums under three hundred shillings (not alleged from Government) are recoverable summarily; penalties the board is liable for may be recovered by the Government or by a person claiming damage; recovered penalties shall be paid into the Consolidated Fund but the court may order payment (in whole or part) as compensation to a person who suffered damage.

Written notices or documents required or authorised under the Act may be served by post, or (for land/premises) by delivery to a person on the premises or, if no person is present, by affixing the document to a conspicuous part of the premises.

The Minister may make regulations under this section.

Where the board places electric lines across land under this Act, those rights are legally treated (for land registration) as if done under a licence or as easements when by agreement, and prior placements by the former board are treated as placements by the board.

Except for section 42, nothing in this Act shall derogate from or prejudice the operation of the Town and Country Planning Act or the Uganda Wildlife Act.

The Electricity Ordinance and the Uganda Electricity Board Ordinance are repealed, transitional provisions in the Schedule remain effective, and references to the repealed Ordinances in other Acts are to be read as references to this Act unless context requires otherwise.