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坦桑尼亚的法律

Electricity (Supply Services) Rules, 2019

颁布于 2019 · 文本截至 2026-10-01

以研究形式发布的公开法律与官方指引,不构成法律、税务或金融建议。

研究内容本身以英文撰写。标题和标签已翻译,调查结果和引文未翻译。

关于这部法律

语言
English
类型
条例
组织
Zambezi Watercourse Commission (ZAMCOM)
国家
坦桑尼亚
主题
Energy
关键词
energy conservation/energy production, authorization/permit, concession, consumer protection, procedural matters, protection of environment, standards

在哪里阅读

文本

所收录的法律原文,按条款排列。每个条款都有自己的链接。

  1. 1. Citation.

  2. 2. Application.

  3. 3. Interpretation. PART II LICENSING PROCEDURES

  4. 4. Obligation to apply for licence.

  5. 5. Procedure for application of licence.

  6. 6. Publication of licence application.

  7. 7. Grant of licence.

  8. 8. Application for provisional licence.

  9. 9. Publication of application for provisional electricity supply licence.

  10. 10. Grant of provisional electricity supply licence.

  11. 11. Application for exemption. 1 Electricity (Supply Services) GN. NO. 387 (Contd)

  12. 12. Publication of application for exemption.

  13. 13. Grant of exemption.

  14. 14. Authority to give reasons for its decisions.

  15. 15. Validity and duration of licence.

  16. 16. Transfer of licence.

  17. 17. Change of name.

  18. 18. Change of shareholding structure.

  19. 19. Application for renewal of licence.

  20. 20. Licence suspension and revocation.

  21. 21. Appeal. PART III GENERAL OBLIGATIONS OF A LICENSEE

  22. 22. Obligation to provide services.

  23. 23. Compensation for loss suffered.

  24. 24. Customer service charter.

  25. 25. Compliance audit.

  26. 26. Service performance report.

  27. 27. Annual reports. PART IV FINANCIAL OBLIGATIONS OF A LICENSEE

  28. 28. Financial reporting.

  29. 29. Maintenance of separate accounts.

  30. 30. Prohibition to cross subsidization. PART V TECHNICAL OBLIGATIONS OF A LICENSEE

  31. 31. Terms of supply.

  32. 32. Supply agreement.

  33. 33. Agreement with market operator.

  34. 34. Compliance with codes, standards and rules.

  35. 35. Performance standards.

  36. 36. Separation of services.

  37. 37. Load profiling.

  38. 38. Purchase electricity, goods and services.

  39. 39. Safety and security of supply. 2 Electricity (Supply Services) GN. NO. 387 (Contd)

  40. 40. Detection and prevention of theft, damage and meter interference.

  41. 41. Tariff disclosure.

  42. 42. Efficient energy use.

  43. 43. Service interruption.

  44. 44. Notice of service interruption.

  45. 45. Metering.

  46. 46. Calibration of meters.

  47. 47. Meter reading for post paid customers.

  48. 48. Meter inspection and testing.

  49. 49. Meter accuracy verification

  50. 50. Preparation of supplementary bills.

  51. 51. Removal of meters from customers’ premises.

  52. 52. Appeal.

  53. 53. Appointment and duties of inspectors.

  54. 54. Obligations of inspector during inspection.

  55. 55. Prohibited acts to inspectors.

  56. 56. Notification of offences. PART VI GENERAL PROVISIONS

  57. 57. Penalties and remedial measures.

  58. 58. General penalty.

  59. 59. Penalty for continued contravention.

  60. 60. Authority to supplement procedures.

  61. 61. Revocation. SCHEDULES 3 Electricity (Supply Services) GN. NO. 387 (Contd) GOVERNMENT NOTICE NO. 387 Published On 10/5/2019 THE ELECTRICITY ACT (CAP 131) THE ELECTRICITY (SUPPLY SERVICES) RULES, 2019 (Made under sections 33(2), 45 and 46) PART I PRELIMINARY PROVISIONS Citation 1. These Rules may be cited as the Electricity (Supply Services) Rules, 2019. Application 2. These Rules shall govern the regulatory and licensing matters related to electricity supply services in Mainland Tanzania. Interpretation 3. In these Rules, unless the context otherwise requires: Cap. 131 “Act” means the Electricity Act; “affiliate” means any legal entity holding shares in the licensee or any other legal entity in which the licensee is a shareholder; “applicable law” means any principal law, treaty, proclamation, regulation, rule, order or by-law that is customarily treated in Mainland Tanzania as having legally binding force and which is relevant to matters pertaining to regulation of the electricity supply services; “Authority” means the Energy and Water Utilities Regulatory Authority established under the provisions of the EWURA Act; “Certification Authority” means the Weights and Measures Cap. 340 Agency established under the Weights and Measures Act; “customer” means a person that receives or purchases supply activity from a licensee; “customer service charter” means a document prepared by the licensee and approved by the Authority setting minimum service standards including the procedure of receiving and settling complaints from the public, customers, metering and connections handling; “distribution code” means the technical and procedural rules and standards prepared by the licensee and approved 4 Electricity (Supply Services) GN. NO. 387 (Contd) by the Authority governing matters pertaining to the distribution services; “electricity supply” means the sale, resale, lease, lease-purchase or loan of electricity to customers, exclusive of any such transaction with either itself or a subsidiary; Cap. 414 “EWURA Act” means the Energy and Water Utilities Regulatory Authority Act; “generation facility” means premises, electric energy producing equipment including its auxiliary equipment, transformers, fuel handling equipment, switch-yard and interconnection facilities that is necessary for performing the generation activity as shall be specified in a licence; “generation activity” means electricity generation services; “generation licensee” means an entity licensed by the Authority to provide electricity generation services; “import licence” means a licence issued by the Authority to an entity to conduct electricity import services; “inspector” means an officer of the Authority or agent appointed by the Authority pursuant to rule 54 to act as an inspector; “large customer” means a customer that consumes not less than 7,500kWh per month and receives electricity supply at voltages higher than 1 kV; “licence” means a licence issued by the Authority to conduct supply activity; “licensee” means the holder of a licence and shall include any entity that is exempted pursuant to rule 14; “local government authority” means a district authority, urban authority, ward authority or village authority; “Market Operator” means the holder of a licence from the Authority responsible to administer wholesale trade in electricity; “market rules” means the technical and procedural rules of that name approved and issued by the Authority governing matters pertaining to the administration of wholesale trade in electricity; “market participant” means a licensee, a generation licensee, a distribution licensee, transmission licensee or a large customer; “meter inspector” means an independent entity appointed by the Authority in writing to verify on meter accuracy as required under rule 50; 5 Electricity (Supply Services) GN. NO. 387 (Contd) “metering equipment” means meters, time-switches, measurement transformers, metering protection and isolation equipment, circuitry and their associated data storage and data communications equipment and wiring which are part of the active energy and reactive energy measuring equipment at or relating to a site; “participation agreement” means an agreement between the Market Operator and each market participant, concluded pursuant to the market rules; “provisional electricity supply licence” means a licence issued by the Authority to conduct preparatory activities like carrying out assessment, studies, financial arrangements and other activities necessary for application of a licence; “Prudent Utility Practices” means those good and prudent practices, methods, and procedures which are attained by exercising that degree of skill, diligence, prudence, and foresight which would reasonably and ordinarily be expected from a skilled and experienced international distributor of electricity engaged in the same or a similar type of undertaking or activity in Tanzania and under the same or similar circumstances and conditions to those pertaining in Tanzania and satisfying the health, safety and environmental standards of reputable international electric supplying companies; “serious offence” means any of the offences listed in the First Schedule; “service area” means an area specified in a licence in which a licensee is authorized by the Authority to conduct supply activity either exclusively or together with others for a specified period of time; “supply activity” means an activity that is ordinary and necessary to the provision of electricity supply services; and supply services shall be construed accordingly; “Supply Agreement” means an agreement entered between a licensee for the sale of electricity to customers, exclusive of any such transaction with either itself or a subsidiary; “supply code” means the technical, procedural rules and standards of that name issued by the Authority governing issues pertaining to supply services; “System Operator” means a person licensed by the Authority to provide system operation services; “tariff” means a charge, fee, price or rate charged for the 6 Electricity (Supply Services) GN. NO. 387 (Contd) provision of supply services as shall be approved by the Authority; “tariff methodology” means a methodology approved by the Authority that a licensee uses to determine a tariff; “transmission licensee” means the holder of a license issued by the Authority and responsible to transmit electrical energy at 50 Hz by means of high voltage lines at voltage levels of 66 kV and above; “transmission network” means a group of facilities and equipment belonging to a transmission licensee designed to transmit electric energy at 50 Hz by means of high voltage lines, at voltage levels of 66 kV and above that includes overhead lines, ground cables, sub- marine cable, dispatchers, transformers, communication networks, control stations and metering equipment; “Tribunal” means the Fair Competition Tribunal established Cap 285 under the Fair Competition Act; and “use-of-system agreement” means an agreement between a licensee on one hand and a distribution licensee or the transmission licensee on the other hand governing the commercial terms related to distribution network tariffs and transmission network tariffs. PART II LICENSING PROCEDURES Obligation to 4.-(1) Save for off-grid supply activities in rural areas apply for licence where the maximum demand on the off-grid system is below one megawatt, a person shall not conduct any supply activity without a licence unless exempted by the Authority pursuant to these Rules. (2) Any person who contravenes this rule shall be liable to a fine of not exceeding ten million shillings or to imprisonment for a term not exceeding five years or to both. Procedure for 5.-(1) A person who intends to apply for a licence shall application of licence apply to the Authority for by filling in the appropriate form prescribed by the Authority, and shall lodge such application to the Authority, together with such other documents or records as may be required by the Act, the EWURA Act and other applicable law. (2) Notwithstanding sub-rule (1), an application for a licence shall be accompanied by: 7 Electricity (Supply Services) GN. NO. 387 (Contd) (a) certified copies of its registration documents; (b) Taxpayer Identification Number; (c) support documents from the local authorities; (d) a letter of support from the Ministry responsible for electricity; (e) proof of availability of electric energy to be supplied such as the power purchase agreement, import licence or use-of-system agreement; (f) proof of financial capability for the supply activity; (g) description of the service area; and (h) proof of environmental clearance. (3) An application for a licence shall be accompanied by a- non-refundable application fee as shall be prescribed by the Authority. (4) The provisions of rules 4 and 5 shall not apply to any licensee who has applied and has been exempted pursuant to these Rules from complying with the requirements of section 8 of the Act. Publication of 6. -(1) A licence application received by the Authority licence application shall be evaluated to verify its completeness and legality of information contained therein and thereafter a notice of the application shall be published in at least two newspapers of wide circulation in Mainland Tanzania one in English and another in Kiswahili with a view to soliciting comments and representations on the application. (2) The public shall be invited to submit comments and representations within twenty one days from the date of publication of the notice and the comments and representations shall be considered by the Authority in arriving at the decision on the application. Grant of licence 7.-(1) The Authority shall, upon consideration of an application for a licence: (a) grant the application and issue a licence; (b) deny the application; (c) refer back an application; (d) grant an exemption pursuant to rule 14; or (e) grant a provisional electricity supply licence subject to fulfillment of the general conditions set out in these rules and such other conditions as the Authority may determine. (2) The Authority shall, in making a decision to grant or deny a licence or grant an exemption, take into consideration: 8 Electricity (Supply Services) GN. NO. 387 (Contd) (a) the protection of the environment; (b) the applicant’s record of compliance with the Act, these rules and other applicable laws; (c) objections or representations from the public sought pursuant to these Rules; (d) compliance to land use laws; (e) economic efficiency and benefit to the applicant and the public in general; and (f) any other matter relevant to the orderly conduct of supply activity in Tanzania. (3) The Authority may deny issuing a licence where it determines that: (a) the applicant does not meet licensing requirements provided under these Rules; (b) the applicant’s activities may not be conducted in accordance with safety, health and environment requirements; or (c) the application has violated the mandatory requirements provided under the Act, the EWURA Act, these Rules and any relevant law. (4) Where the Authority grants an application for a licence it shall notify the applicant to collect the licence upon payment of a licence fee as shall be prescribed by the Authority. (5) The Authority shall, within forty working days from the date of receipt of a complete application, notify the applicant of its decision referred under sub-rule (1). Application for 8.–(1) Any person seeking to conduct electricity supply provisional licence services may, prior to applying for a licence, apply to the Authority for a provisional electricity supply licence. (2) The applicant shall lodge to the Authority an application form for a provisional electricity supply licence which shall be in a prescribed format together with the following: (a) certified copies of its registration documents; (b) business plan; (c) Taxpayer Identification Number; (d) supporting documents from the respective local government authority; (e) letter of support from the Ministry responsible for electricity; (f) construction schedule; (g) pre-feasibility study or project write-up; 9 Electricity (Supply Services) GN. NO. 387 (Contd) (h) application fee; (i) proof of financial capability; (j) sketch map of the proposed service area; (k) power purchase agreement, memorandum of understanding, power supply agreement or letter of intent; and (l) any other documentation or information that the Authority may require. Publication of 9.- (1) A provisional electricity supply licence application for provisional application received by the Authority shall be evaluated to electricity verify its completeness and legality of information contained supply licence therein and thereafter a notice of the application be published in at least two newspapers of wide circulation in Tanzania one in English and another in Kiswahili with a view to soliciting comments and representations on the application. (2) The public shall be invited to submit their comments and representations within twenty one days from the date of publication of the notice and the comments and representations shall be considered by the Authority in arriving at the decision on the application. (3) The Authority may deny issuing a licence where it determines that: (a) the applicant does not meet licensing requirements provided in rule 8 (2); (b) the applicant’s activities may not be conducted in accordance with safety, health and environment requirements; or (c) the application has violated the mandatory requirements provided under the Act, the EWURA Act and any relevant law. (4) Where the Authority grants an application for a licence, it shall notify the applicant to collect the licence upon payment of a licence fee as shall be prescribed by the Authority in the licensing fees rules. (5) The Authority shall, within forty working days from the date of receipt of a complete application, notify the applicant of its decision referred under sub-rule (1). Grant of 10. - The Authority shall, upon expiration of the twenty provisional electricity one days deadline to submit comments in rule 9(2) evaluate supply licence such application and make a decision basing on: 10 Electricity (Supply Services) GN. NO. 387 (Contd) (a) the applicant’s record of compliance with the Act, these rules and other applicable laws; (b) economic efficiency and benefit to the applicant and the public in general; and (c) comments or representations received from the public, if any. Application for 11.-(1) Any person may apply to the Authority to be exemption exempted from complying with the requirements of section 8 of the Act. (2) The application for exemption in sub-rule (1) shall be made in writing to the Authority stating the following: (a) description of the project including its shareholders; (b) description of the service area; (c) any relevant agreement which may have an impact on the availability of supply services; and (d) reasons for the exemption. (3) An application for exemption shall be accompanied by the Applicant’s registration documents and any other information as the Authority may require. Publication of 12.- (1) Upon receipt of the application in rule 11, the application for exemption Authority shall publish a notice of the application in at least two newspapers of wide circulation in Tanzania one in English and another in Kiswahili with a view to soliciting comments and representations on the application. (2) The public shall be invited to submit their comments and representations within twenty one days from the date of publication of the notice and the comments and representations shall be considered by the Authority in arriving at the decision on the application. Grant of 13.-(1) Upon conclusion of an inquiry process in rule 12 exemption the Authority shall proceed evaluating the application and make a decision either granting or denying the application subject to such terms and conditions it may deem fit. (2) The Authority shall while making a decision whether to grant an exemption or not, take into consideration the following: (a) gravity of the reasons submitted in support of the exemption; (b) public interests to be protected; and (c) comments or representations received from the public, if any. 11 Electricity (Supply Services) GN. NO. 387 (Contd) (3) The term, obligations and rights to be provided by an exemption shall be specified in the order to be published by the Authority in the Government Gazette. Authority to 14. The Authority shall, in the event that it denies or give reasons for its decision refers back an application for a licence, provisional electricity supply licence or an application for exemption inform the applicant of such decision in writing, including the reasons thereof. Validity and 15. – (1) The term of a licence and of a provisional duration of licence electricity supply shall be clearly stated on such licence or provisional licence, as the case may be. (2) A provisional electricity supply licence shall remain valid for the term issued, unless when replaced by a licence to provide the services issued by the Authority, or when extended for such further period as the Authority may determine, upon written application by a licensee. (3) Notwithstanding the provisions of sub-rules (1) and (2), a licence or a provisional electricity supply licence shall cease to have effect if the respective licensee fails to conduct a supply activity or any activity related to the provisional electricity supply within six months after issuance of the licence. Transfer of 16. - (1) A licence shall not be assigned or transferred to licence another person without a written approval of the Authority. (2) Any transferee or assignee of a licence shall apply to the Authority by filling in the appropriate form prescribed by the Authority, and lodge it with the Authority, together with the following: (a) certified copy of the tax clearance certificate of the licensee; (b) original copy of a valid EWURA licence; (c) proof of payment of transfer application fee; (d) proof of payment of any outstanding fines; (e) lease or sales agreement that is stamp duty paid; (f) proof of payment of any outstanding levy; and (g) any other documents or information as may be required by the Authority. (3) Notwithstanding the provisions of sub-rule (1) an application for a transfer or assignment of a licence shall not be entertained by the Authority- (a) unless it is endorsed by the transferor or assignor, 12 Electricity (Supply Services) GN. NO. 387 (Contd) as the case may be; and (b) where there is a pending litigation between EWURA and the licensee. (4) A licence transfer application received by the Authority shall be evaluated to verify its completeness and legality of information contained therein and thereafter a notice of the application shall be published in at least two newspapers of wide circulation in Tanzania, one in English and another in Kiswahili with a view to soliciting comments and representations on the application. (5) The costs for publication of the notice under sub- rule (4) shall be borne by the Authority. (6) The public shall be invited to submit comments and representations within fourteen days from the date of publication of the notice and the comments and representations shall be considered by the Authority in arriving at the decision on the application. (7) The Authority shall, after the expiration of the notice in sub-rule (6), evaluate the application together with comments received, if any, and make a decision whether to grant or deny the application for transfer or assignment. Change of name 17. – (1) A licensee may change its name pursuant to the provisions of these rules and applicable law. (2) A licensee who has changed its name shall within thirty days after such change notify the Authority in writing, which shall be accompanied by a certificate for change in name issued by relevant authorities. Change of 18. - (1) Any change in shareholding structure of a shareholding structure licensee shall require a written approval of the Authority. (2) A licensee intending to change its shareholding structure shall, before applying for the change in shareholding structure to the Registrar of Companies, apply for the approval to the Authority by submitting a letter to the Authority requesting for the approval. Cap. 212 (3) A licensee shall, after getting the approval for change of shareholding structure from the Registrar of companies as required by the Companies Act, notify the Authority about such change. (4) The Authority may, before approving the application for change in shareholding structure in sub-rule (2), consult the Fair Competition Commission and the Tanzania 13 Electricity (Supply Services) GN. NO. 387 (Contd) Revenue Authority. Application for 19.-(1) A licensee may, within three months before renewal of licence expiration of a licence term, apply to the Authority for a renewal of a licence. (2) Application for a renewal of a licence in sub-rule (1) shall be in writing by filling in an application form to be prescribed by the Authority, and shall be accompanied with- (a) business plan; (b) application fee; (c) sketch map of the proposed service area, where applicable; (d) power purchase agreement, where applicable; and (e) any other documentation or information that the Authority may require. (4) The Authority shall, while making a decision whether to grant or deny an application for renewal of a licence, consider the following: (a) applicant’s compliance to the conditions of the licence which is due to expire; (b) that there is no outstanding payment of fines; (c) that there is no outstanding payment of levy; and (d) that there is no pending litigation between EWURA and the applicant. (5) The Authority shall, in the event that it denies an application for a licence, inform the applicant of such decision in writing, including the reasons thereof. (6) Notwithstanding sub-rule (3), the Authority shall not renew the licence of a licensee who has, during the term of the licence which has expired or is due to expire, ignored, resisted or failed to comply with any order given by the Authority to the said licensee. (7) The Authority shall, within forty working days from the date of receiving a complete application, notify the applicant of its decision referred under this rule. Licence 20.-(1) The Authority may revoke the licence where it suspension and revocation determines that the licensee is unable to discharge its obligations under the Act, the EWURA Act or any other applicable law or where the licensee is convicted of any serious offence. (2) Notwithstanding the provisions of sub-rule (1), the Authority may suspend a licence for a period up to twelve 14 Electricity (Supply Services) GN. NO. 387 (Contd) months where: (a) the licensee has been found to be in violation of the provisions of the Act, the EWURA Act or these rules on matters relating to the protection of occupational health, public safety or environment; or (b) the licensee fails to pay a regulatory levy to the Authority and such levy remains unpaid thirty days after it has become due and the Authority has given the licensee notice in writing that such payment is overdue and the licensee has not paid. (3) Notwithstanding sub-rules (1) and (2), the Authority may in lieu of suspending or revoking a licence, and subject to the provisions of the Act and the EWURA Act, appoint an administrator to replace management of a licensee, and manage the affairs of the licensee for such period the Authority may determine. Appeal 21. Any person may, if aggrieved by the decision of the Authority under this Part, appeal to the Tribunal pursuant to the provisions of the Fair Competition Act. PART III GENERAL OBLIGATIONS OF A LICENSEE Obligation to 22.-(1) A licensee shall conduct a supply activity provide services pursuant to the provisions of the Act, the EWURA Act, any applicable law and any agreement provided that the provisions of the agreement are not at variance with the provisions of these rules, the Act, the EWURA Act or any other applicable law. (2) Without prejudice to sub-rule (1) a licensee shall, at all times, be required to: (a) conduct supply activity in a service area; (b) only charge the tariff approved by the Authority; and (c) carry out all works related to the conduct of supply activity, including engineering, construction, rehabilitation, operation and maintenance of the facilities in accordance with applicable law and prudent utility practices. (3) A licensee shall, while conducting supply activity observe the rules and guidelines issued by the Authority in matters related to, inter alia- (a) tariffs; 15 Electricity (Supply Services) GN. NO. 387 (Contd) (b) tariff methodology; (c) transfer of control; and (d) payment of fees and levies. (4) A licensee shall conduct the supply activity without any discrimination and bias, pursuant to agreements, the Act, the EWURA Act and other applicable law and shall, under no circumstances cease to conduct a supply activity save as provided in these rules and applicable laws. Compensation 23.-(1) A licensee shall be obliged to compensate any for loss suffered person who has suffered any injury, loss of life or property as a result of a supply activity. (2) Any person who has suffered injury, loss to life or property as a result of a supply activity shall first lodge a complaint with a licensee with a view to reaching an amicable settlement. (3) Any person who has suffered loss under sub-rule (2),may, in the event no settlement is reached, refer the matter to the Authority for a decision and the Authority shall deal with such matter as if it is a complaint lodged pursuant to the provisions of the EWURA Act. (4) For the purpose of this rule, a person includes an administrator, executor or executrix of the estate of a deceased person. Customer 24.-(1) A licensee shall, within one year after receipt of service charter a licence, prepare and submit to the Authority for approval, a customer service charter. (2) The customer service charter to be prepared under the sub-rule (1) shall describe the services available to the customers including: (a) expediting procedures; (b) replying to inquiries; (c) compensation for loss and non-fulfillment of obligations by a licensee; (d) providing secure, reliable, high quality and proper services; and (e) timely fulfillment of orders and requests. (3) The Authority shall approve any modifications or amendments to the customer service charter described in sub- rule (1). (4) The customer service charter described in sub-rule (1) shall include licensee’s commitment to: (a) deal with customers through a system that shall 16 Electricity (Supply Services) GN. NO. 387 (Contd) ensure speed and accuracy in completing transactions; (b) introduce a formal process for managing customer complaints; (c) computerize all services rendered to customers and new service applicants and secure such information from being accessed by un authorized person; (d) prepare and publicize any periodic meetings with customer representatives for the purpose of: (i) exchanging information or views of the parties; (ii) clarifying the mutual duties, rights and responsibilities; (iii) improving customer services; and (iv) conducting any other appropriate activity aimed at improving customer services. (e) establish and properly furnish service centre to, inter alia: (i) receive customer complaints and inquiries; (ii) receive orders; and (iii) receive bill payments; (f) publish names and locations of service centers. (5) A licensee shall: (a) establish a mechanism pursuant to which it will receive outage and power reduction reports or any reports related to the quality and reliability of electricity supply; (b) maintain a special register of information comprising: (i) the identity of the complainant; (ii) the type of complaint or malfunction; (iii) the location and time of the occurrence complained of; and (iv) the time required to correct such complaint or malfunction; (c) on a monthly basis, deliver a detailed statement to the Authority in respect of the frequency and duration of all malfunctions and outages. Compliance 25.-(1) A licensee shall, as directed by the Authority audit from time to time, conduct an audit of its compliance with: 17 Electricity (Supply Services) GN. NO. 387 (Contd) (a) these rules; (b) any agreement relevant with the conduct of the supply activity; (c) customer service charter; (d) market rules; (e) applicable law; and (f) any relevant codes. (2) The compliance audit described in sub-rule (1) shall be conducted by an independent auditor or any other expert of required expertise hired by a licensee. (3) The costs associated with the audit described in sub- rule (2) shall be paid by the Authority. (4) A licensee shall within ninety days after completion of the audit described in sub-rule (1) deliver to the Authority the results of such audit. (5) Notwithstanding sub-rule (1), a licensee shall be required to conduct a compliance audit at least once annually, and deliver within sixty days after completion of the audit the results of such audit. Service 26. A licensee shall provide the Authority with a performance report detailed statement of supply services performance, including number of customers, number of new connections and total energy and capacity sold as the Authority may require. Annual report 27. A licensee shall submit to the Authority its annual report not later than thirty days after receipt of the audited accounts. PART IV GENERAL FINANCIAL OBLIGATIONS Financial 28.-(1) A licensee shall within ninety days after the start reporting of its financial year, submit to the Authority its approved budget for such financial year, which budget shall include details on its: (a) operating revenue; and (b) capital and operating expenses. (2) A licensee shall submit to the Authority its audited accounts not later than thirty days after receipt of the same. Maintenance of 29. A licensee shall maintain a separate set of accounts separate accounts for activities not related to the supply activity. 18 Electricity (Supply Services) GN. NO. 387 (Contd) Prohibition to 30. A licensee shall ensure that there is no cross cross subsidization subsidization between its supply activity and any other activity including activities of affiliates. PART V GENERAL TECHNICAL OBLIGATIONS Terms of supply 31. -(1) A licensee shall comply with any directions given by the Authority related to the terms upon which the licensee may provide supply services. (2) A licensee shall publish terms of supply services and appropriate tariffs in such a manner as the Authority shall prescribe. (3) Notwithstanding sub-rules (1) and (2), a licensee shall as soon as practicable, after the receipt of a request for supply services from any person in the service area: (a) offer to conclude a contract to supply services to the premises where such supply service is requested; and (b) upon concluding the contract, provide supply services pursuant to such contract and applicable law and a licence. (4) Notwithstanding sub-rule (3), a licensee shall not be required by to provide supply services where: (a) the premises that require supply services is not connected to the distribution network or the transmission network; (b) the premises that require supply services have been de-energized by the system operator or distribution licensee; (c) a licensee has been informed by the system operator or distribution licensee that compliance with the requirement to supply would result in high risks to the safety of any person, land, building or other property; (d) taking all circumstances into account, it is not reasonable for a licensee to provide supply services, save, that a licensee shall: (i) refer any question as to whether the circumstances are reasonable to the Authority for determination and in any event no later than five working days after the licensee’s receipt of the request; and 19 Electricity (Supply Services) GN. NO. 387 (Contd) (ii) where the licensee already supplies electricity to the single premises where supply is requested, provide not less than three months notice of its intention to discontinue supply or such shorter notice as has been approved by the Authority; or (e) to do so would be likely to involve a licensee in a contravention or breach of: (i) the applicable law; (ii) the market rules; (iii) the supply code; (iv) the distribution code; and (v) other applicable codes and standards. (5) A licensee shall not reduce or discontinue supply services to a customer unless such customer has failed to: (a) pay the agreed tariff or charge; or (b) comply with the conditions of supply; and has failed to cure such failure within fourteen days after receiving from a licensee a written notice to do so. Supply 32.-(1) A licensee shall, pursuant to the market rules agreement and any rules issued by the Authority and not later than one year after receipt of a licence, conclude a supply agreement with each customer. (2) A licensee shall ensure that its supply agreement contains at a minimum, the following information: (a) its identity and the address; (b) scope of the services to be provided; (c) level of quality and the time of initial connection; (d) type of maintenance and customer service support offered; (e) means by which customers may obtain information concerning tariffs; (f) conditions for the renewal or termination of the contract; and (g) any compensation or refund arrangements in the event that contracted quality service levels are not met. Agreement with 33.-(1) A licensee shall, subsequent to the market market operator opening and as appropriate, conclude an agreement with the market operator. (2) A licensee shall conclude an electricity power 20 Electricity (Supply Services) GN. NO. 387 (Contd) purchase agreement with a generation licensee, a distribution licensee or another licensee in order to meet customer requirements. (3) A licensee may, subject to applicable law, conclude the agreements described in sub-rule (2) in order to engage in cross-border electricity trade. (4) A licensee shall as appropriate conclude: (a) an agreement with the relevant system operator governing the system operator’s fee; (b) a use-of system agreement with a transmission licensee; and (c) a use-of system agreement with one or more distribution licensees. (5) A licensee shall, prior to entering into any agreement described under this Part, notify the Authority and provide a draft of the said agreements to the Authority for its approval. Compliance 34.-(1) A licensee shall provide supply services in with codes, standards and compliance with: rules (a) applicable law; (b) market rules; (c) supply code; (d) distribution code; and (e) any other relevant codes. (2) A licensee shall comply with the performance standards established by the Authority. Performance 35.-(1) A licensee shall, not later than six months after standards receipt of a licence, submit to the Authority for approval a report comprising the criteria against which the provision of supply services can be measured. (2) Notwithstanding sub-rule (1), the Authority may, in consultation with the licensee, make amendments to the criteria described under sub-rule (1) and in the event it does so, it shall notify a licensee of such amendments. (3) A licensee shall provide the supply services in a manner calculated to achieve applicable performance standards and targets. (4) A licensee shall periodically review the approved performance criteria, and upon the conclusion of such review, deliver to the Authority: (a) a report comprising the findings of such review; and (b) any proposed revisions arising from such findings for 21 Electricity (Supply Services) GN. NO. 387 (Contd) approval. (5) A licensee shall report annually to the Authority on the provision of its supply services taking into account the performance standards referred to in sub-rule (1). Separation of 36.-(1) A licensee shall secure a complete and effective services separation of supply services, including full operational and managerial independence, from any affiliate or related undertaking of the licensee, or any other services of the licensee. (2) A licensee’s arrangements to accomplish the obligation described in sub-rule (1) shall be subject to the approval of the Authority. Load profiling 37. A licensee shall deliver to the Authority: (a) the load profiling for each tariff customer category; (b) the actual consumption profiling achieved by the load analysis for each tariff customer category where the power is measured; and (c) the number of customers and a summary of energy needs within each tariff category. Purchase of 38.-(1) A licensee shall purchase electricity from a electricity, goods and generation licensee or a distribution licensee on such terms and services conditions as shall be specified in the power purchase agreement. (2) A licensee shall purchase required goods and services on the basis of industry best practices including price, performance, reliability, quality, and delivery. (3) Sub-rule (2) shall not apply to the purchase of any good or service where the terms and conditions of such purchase are required by the licence, an industry code or rule, or any other arrangement required or approved by the Authority. Safety and 39. A licensee shall provide its customers with contact security of supply information that they can use to notify the licensee of any matter or incident related to the availability of the supply services that: (a) causes danger or requires urgent attention; or (b) affects or is likely to affect the security of supply, availability or quality of the supply services. Detection and 40.-(1) A licensee shall take all reasonable steps to prevention of detect and prevent: 22 Electricity (Supply Services) GN. NO. 387 (Contd) theft, damage (a) theft of electricity in the service area; and meter interference (b) damage to or fault in any electric plant, electricity meter or any equipment for provision of supply services in the service area; (c) interference with any electricity meter in the service area; and (d) any unrecorded consumption of electricity. (2) A licensee shall inform the owner of a relevant electric plant, electric line or meter of any incident if the licensee has reason to believe that: (a) there has been damage to or a fault in any electric plant, electric line or meter; (b) there has been interference with any meter to alter its register or prevent it from duly registering the quantity of services supplied; or (c) the consumption of electricity at owner’s premises has not been recorded. (3) Where a licensee has reason to believe that any incident reported to the owner pursuant to sub-rule (2) has been caused by the criminal act of any person it shall, on complying with the requirement of that paragraph, provide the owner with such information as is reasonably required for the purposes of investigating the incident and resolving any safety concerns arising out of it. (4) A licensee shall inform the owner of its policy in respect of incidents described in sub-rule (3) and of the circumstances in which the licensee requires such owner to remedy the incidents by the use of: (a) substitution of alternative meters; (b) provision of prepayment meters; and (c) discontinuation of supply to the premises at which the incident occurred. Tariff disclosure 41.-(1) A licensee shall, immediately after approval by the Authority of their tariff application, publish tariffs in respect of its supply services: (a) in not less than two newspapers of wide circulation one in Kiswahili and one in English; (b) by posting such information on its web site; (c) by making such information available at its bill payment centers; (d) in any other means of communication which may be accessed by the relevant local community. (2) Where the supply services are deregulated the 23 Electricity (Supply Services) GN. NO. 387 (Contd) licensee shall publish tariffs in accordance with sub-rule (1) at the time and frequency as shall be designated by the Authority. (3) A licensee shall provide to any person who requests, accurate tariff information, including any rules related to tariffs established by the Authority to any person who requests it. Efficient energy 42. A licensee shall promote energy efficient use administration under consumption and to stimulate economic rational use and conservation of electricity. Service 43. A licensee shall notify the Authority in writing and interruption issue a public notice thereof in the event of a service interruption for emergency repair, rehabilitation or preventive maintenance that affects supply services for more than 24 hours. Notice of 44.-(1) A licensee shall, when intending to carry out service interruptions preventive maintenance, replacement, restoration or any other construction that may lead to an interruption or reduction of transmission services, issue a public notice thereof, not less than two days prior to undertaking such activity. (2) The notice described in sub-rule (1) shall include date and hour of service interruption, and the date and hour of intended restoration. Metering 45.-(1) A licensee shall install, maintain, and verify the accuracy of meter installations at all points of off-take from a distribution or transmission network. (2) A licensee shall in respect of each meter installation described in sub-rule (1), comply with the applicable law and market rules. Calibration of 46. A licensee shall ensure that a meter used to meters ascertain the value of supply of electrical energy consumed by a customer is calibrated and sealed by the certification authority. Meter reading 47.-(1) A licensee shall read post paid meters in order to for post paid customers verify amount of electrical energy consumed at least: (a) once in every six months for large customers; and (b) once in every three months for other customers. (2) A licensee shall estimate the electrical energy consumed during the period when a meter is stopped or is malfunctioning pursuant to market rules. 24 Electricity (Supply Services) GN. NO. 387 (Contd) Meter inspection 48.-(1) A licensee shall inspect and test a meter of any and testing customer in order to verify amount of electrical energy consumed at least once in every: (a) twelve months for large customers; and (b) twenty-four months for other customers. (2) A licensee shall, while inspecting a meter, use the meter audit form prescribed in the Second Schedule either in hard copy or electronic format. (3) Meter inspection exercise shall be witnessed by a customer or, in his absence, any adult relative or friend, local government leader of the respective area or a police officer. (4) Seal affixed to a meter to be inspected shall not be broken or removed unless witnessed by the category of people mentioned under sub-rule (3). (5) A licensee shall, during the inspection exercise, take the readings of a meter, details of the outer and inside the meter and take as many photos as necessary during the whole exercise. (6) At the conclusion of the inspection exercise, a licensee shall fill, in the meter audit and inspection form prescribed in the second schedule, all the observations and findings made, and shall thereafter sign it and allow a customer or its representative to counter sign it. (7) In the event a customer or its representative refuses to counter sign a meter audit report as required by sub-rule (6), a licensee shall note that fact in the part of remarks in the meter audit and inspection form. (8) A licensee shall establish one or more stations suitably equipped with standard instruments for testing meters and shall maintain the standard instruments in proper working order and from time to time to test or cause to be tested the accuracy of the working standards by some recognized absolute method. (9) A licensee may prepare manual or internal rules of procedure that may be used by its officials in regulating the manner in which inspection and testing of a meter shall be conducted, provided however, the said manual or rules of procedure shall be in line with the requirements of the Act and these rules. Meter accuracy 49.-(1) Where a dispute arises between any customer verification and a licensee as to whether any meter or other apparatus, by which the value of supply is ascertained, whether belonging to the consumer or to the licensee- 25 Electricity (Supply Services) GN. NO. 387 (Contd) (a) is or not in proper order for correctly registering that value; or (b) as to whether that value has been correctly registered by any meter or other apparatus, that dispute shall be determined upon the application of either party by a meter inspector. (2) The decision of the Inspector under this rule shall be final and binding to all parties and the reading of the meter shall, in the absence of fraud, be conclusive as to the value of the supply. (3) A licensee and a customer or their duly appointed representatives shall have the right to witness the verification of meter accuracy in sub-rule (1). (4) Any party who is aggrieved by the results in sub- rule (1) on reasons of fraud may appeal to the Authority within twenty-one days after receipt of the results. Preparation of 50.-(1) A licensee shall be allowed to prepare supplementary bills supplementary bills where: (a) the results in rule 48 have indicated that there were some errors in preparation of bills or the meter has malfunctioned and a customer has agreed in writing on such errors or malfunctioning; or (b) a report from meter inspector has indicated that the meter has malfunctioned. (2) Notwithstanding sub-rule (1), a supplementary bill to be prepared by a licensee shall not exceed a period of twelve months counted from the date of last inspection. (3) For pre-paid meters, the last inspection date shall be deemed to be the last correct estimated readings. Removal of 51.-(1) Meter or apparatus used to ascertain the value of meters from customer’s electric energy consumed shall not be removed from the premises customer’s premises for testing and verification of accuracy pursuant to these Rules unless the customer or its representative is present. (2) Before any meter or apparatus used to ascertain the value of electric energy consumed is removed, a licensee shall read the final readings of such meter or apparatus, record details of the outer structure of the meter or apparatus, photograph it and thereafter sign a sheet of paper containing the above details and the customer shall counter sign it. 26 Electricity (Supply Services) GN. NO. 387 (Contd) (3) A meter or an apparatus used to ascertain the value of electric energy consumed may be removed from the premises of a customer in the absence of the customer where: (a) the customer has waived in writing its rights to witness the removal; or (b) the attendance of the customer or its representative cannot be procured. (4) Notwithstanding sub-rule (3), the licensee shall not remove a meter or apparatus in the absence of the customer or its representative unless such removal is witnessed by an official from the local government authority. Appeal 52. Any person who is aggrieved by a supplementary bill prepared pursuant to these Rules may refer the matter to the Authority for a decision and the Authority shall deal with such matter as a complaint received under the provisions of the EWURA Act. Appointment 53.-(1) The Authority may, from time to time, appoint and duties of inspectors one or more fit and proper persons to be inspectors for the purpose of the Act and these rules. (2) A person shall not be appointed as an inspector unless: (a) he possesses a minimum of a diploma in electrical, electromechanical or chemical engineering from a recognized institution and qualifies for the award of electrical installation licence class C or above; (b) he has a proven experience in electrical installation and inspection for a period of not less than five years; and (c) he is of unquestionable integrity and reputation. (3) The inspectors shall, in discharging their duties under these rules, be paid by the Authority such sum as shall be determined by it from time to time. (4) It shall be a duty of an inspector to: (a) supervise the construction works and the reception of electric lines and plant, to inspect and test the electric lines and plant after construction with a view to ensuring that the works are in accordance with the terms of the Act and other relevant laws; (b) conduct an inquiry into the cause of any accident affecting the safety of the public, if directed by the Authority; (c) test the variation of voltage on the consumer’s 27 Electricity (Supply Services) GN. NO. 387 (Contd) terminals if and when required by any consumer or to make such other inspection and testing of the service lines, apparatus and works of any licensee upon the consumer’s premises as may be necessary to ascertain whether the licensee has complied with the provisions of the Act, these rules and other relevant laws; and (d) any other duty as may be required of an inspector under the provisions of the Act, EWURA Act, these rules or any other relevant laws. (5) An inspector shall have the right of access at all reasonable hours to any of the premises of a licensee and may require the said licensee to furnish such information and to produce such document or records for the information of the said inspector, as shall enable the inspector to determine whether the provisions of the Act, EWURA Act or rules made thereunder are being complied with. (6) An inspector may at all reasonable times and upon giving sufficient notice to the occupier of his intention, enter any premises to which electricity is supplied for the purpose of inspecting and testing the electric supply lines, service lines, meters, fittings, works and apparatus for the supply and use of electricity installed in the premises and of ascertaining if the provisions of the Act, EWURA Act or rules made thereunder are complied with. (7) During inspection, an inspector may: (a) make copies or take extracts from any such book, accounts or records kept by the licensee under the applicable law; and (b) inspect machinery, equipment, appliances, meters, fittings and apparatus. (8) An inspector shall, subject to instructions given, and upon conclusion of an inspection, prepare and submit a report to the Authority and the Authority shall take the appropriate action to the findings and recommendations of the said report. Obligations of 54.-(1) An inspector shall, while conducting inspection: inspector during inspection (a) identify himself to the licensee or customer with identity card issued by the Authority; (b) explain to the licensee or customer the purpose of the inspection; (c) conduct themselves with fairness, objectivity and integrity; (d) not engage in any form of discrimination, bias or 28 Electricity (Supply Services) GN. NO. 387 (Contd) harassment; (e) refrain from taking part in duty where they have or may appear to have conflict of interest; (f) carry out inspection in a professional manner in accordance with the requirements of these rules, codes, guidelines, inspection checklist, standards, applicable laws and prudent utility practices; and (g) not use force or abusive, threatening and insulting language to a licensee. (2) Any inspector who contravenes the provision of sub-rule (1) of this rule shall be dealt with in accordance with the Authority’s procedures. (3) Any person aggrieved by an act of an inspector during inspection may, within fourteen days from the date of the act, report the matter in writing to the Authority. Prohibited acts 55.-(1) A licensee shall not: to inspectors (a) hinder or obstruct an inspector in the exercise of any of the powers conferred upon him by these rules, the Act and applicable law; (b) use abusive, threatening or insulting language to an inspector; (c) refuse or fail to comply with any lawful order, direction or notice of an inspector; and (d) when required by an inspector to answer a question, refuse or fail to answer such question to the best of the licensee’s knowledge, information and belief. (2) At the conclusion of an inspection and where it is found that there was violation of the provisions of the Act, EWURA Act or these rules, the person responsible for such violation, shall be issued with the notification of offence provided in the Third Schedule: (3) Any person who contravenes this rule commits an offence and shall, on conviction, be liable to a fine of not less than three million shillings or imprisonment for a term not less than one year. Notification of 56.-(1) At the conclusion of an inspection and where it offences is found that there was violation of the provisions of the Act, EWURA Act and these rules, the person responsible for such violation, shall be issued with the Notification of Offence provided in the Third Schedule: (2) the person responsible for such violation, shall fill 29 Electricity (Supply Services) GN. NO. 387 (Contd) the Notification of Offence as follows: (a) where he disputes the offence, fill in Part A of the Notification of the Offence; or (b) where he admits the offence, fill in Part B of the Notification of the Offence; (3) Where a person who has been found in violation of the law and who has admitted to the offence under the provision of sub-rule 1 (a), such person shall, within fourteen days, from the day of the said admission, be required to pay the fine as he shall be advised by an inspector. (4) In the event the person who has been found in violation of the law and who disputed the offence under the provision of sub-rule 1 (b), such person shall, within seven days from the date of commission of the offence, be required to answer charges in writing, as they shall be explained under Part A of the notification of offence. (5) Upon the conclusion of the inspection and where the inspector is satisfied that the continued operation of the facility poses an imminent danger to the lives of people and animals or destruction of property or the environment, he may proceed ordering for the closure, as the case may be, of the said facility, regardless of whether the said person has admitted to the offence or not. (6) Notwithstanding the provisions of sub-rule (4), an inspector who has decided to close the facility, shall note down the reasons which has compelled him to take such decision including all the available evidences. (7) Any person who refuses to sign in the notification of offence upon being required by an inspector commits an offence and shall, on conviction, be liable to a fine not less than three million shillings or imprisonment for a term not less than two years or to both. PART VI GENERAL PROVISIONS Penalties and 57.-(1) The Authority may, without prejudice to the remedial measures penalties prescribed in these rules and applicable law, where it determines that a licensee is in violation of the Act, the EWURA Act, these rules applicable law or licence conditions: (a) issue a warning; (b) issue a compliance order; 30 Electricity (Supply Services) GN. NO. 387 (Contd) (c) restrict the conduct of a supply activity; (d) order a licensee to remedy any situation as a result of such violation; (e) issue a partial suspension of a licence for such period the Authority may determine; (f) suspend a licence for such period the Authority may determine; or (g) revoke a licence. (2) Notwithstanding sub-rule (1), any person who contravenes the Act, the EWURA Act, these rules applicable law or licence conditions shall be liable to pay the fines for specific violations as prescribed under the Fourth Schedule. General penalty 58. -(1) Any person who contravenes any provisions of these rules for which no specific penalty is prescribed shall be liable to a fine of three million shillings. (2) A licensee who employs an agent, clerk, servant or other person, shall be answerable and liable for any acts or omissions of such persons in so far as the actions or omissions concern the supply activity. Penalty for 59. Any person who is in continuous contravention of continued contravention these rules shall be liable to a fine of one million shillings for each day on which the contravention continues or recurs. Authority to 60. Where procedures are not provided for in these supplement procedures rules, the Authority may do whatever is necessary and permitted by the Act, the EWURA Act and applicable law to enable it to effectively and completely adjudicate on the matter before it. Revocation 61. The Electricity (Supply Services) Rules, 2017 are GN. No. 4 of 2017 hereby revoked. 31 Electricity (Supply Services) GN. NO. 387 (Contd) ________

  62. FIRST SCHEDULE _________ List of Serious Offences (Made under Rule 3) 1. All offences listed under section 12 of the Anti-Money Laundering Act, Cap. 256; 2. All offences related to tax evasion which attracts a fine of ten million shillings or more or an imprisonment term of six months or more; and 3. Any other offences as shall be determined by Order of the Authority. 32 Electricity (Supply Services) GN. NO. 387 (Contd) ________

  63. SECOND SCHEDULE ________ METER AUDIT AND INSPECTION FORM (Made under Rule 49(2)) LICENSEE’S LOGO The Electricity (Supply Services) Rules, 2019 Meter Audit and Inspection Form (Made under Rule 49(2)) PART I METER AUDIT DATE: ........................................................................................................................... REGION: ............................................................................................................................ A: CUSTOMER'S DATA Customer Name: ............................................................................................................................ Street: ……………......................................................................................................... GPS COORDINATES: S........................................................... E............................. Account No.: ........................................................................................................ Meter No.: ............................ 1 Phase ..................3 Phase………….............. Meter Reading: ........................................................................................................ Total Units To-date: ........................................................................................................ Tokens Downloaded 1. .................................................................................................................................... 2. .................................................................................................................................... 3. .................................................................................................................................... 4. .................................................................................................................................... 5. .................................................................................................................................... 33 Electricity (Supply Services) GN. NO. 387 (Contd) B: PHISICAL OBSERVATION OF METER (Tick the Applicable) Physical Appearance of Meter Seals Tampered Okay Physical Appearance of Terminal Seals Tampered Okay Physical Appearance of Meter Cover Damaged Okay C: INSTALATION LAYOUT Location Outside Inside ................... Fused Before Meter After Meter ............. of Removable Mater Bypass Yes No D: REQUIREMENTS FOR WIRING CORRECTION Meter Replacement By a CT-Operated Yes No Meter Replacement By a Whole - Current Meter Cable Replacement Yes No Needed Yes No Size of Cable Needed .......................mm2 Length of Cable Needed .......................meters Remarks: Auditors 1. ...................................................................................................................... 2. 3. ...................................................................................................................... Customer Representative: .................................................................................. PART II INSPECTION FORM Date: ..................................................................................................................... REGION: ....................................................................................................................... DISTRICT: ...................................................................................................................... A: CUSTOMER'S DATA Customer's Name: ........................................................................................................ Street: ........................................................................................................ 34 Electricity (Supply Services) GN. NO. 387 (Contd) Telephone/Mobile No. ........................................................................................................ B: GPS COORDINATES Account No.: ........................................................................................................................ Meter No.: ...................1 phase .......................3 Phase........................ Meter Reading: ........................................................................................................................ Total Unit To-date: ....................................................................................................................... C: PHYSICAL OBSERVATION OF METER (Tick the Applicable) Physical Appearance of Meter Seals Physical Appearance of Terminal Seal Physical Appearance of Meter Cover Tampered Okay Tampered Okay Damaged Okay INSTALLATION LAYOUT Meter Location Position of Cut-Outs (Fuses) Outside Inside Before Meter After Meter Yes No Possibility of Removable Meter Bypass D: REQUIREMENTS FOR WIRING CORRECTION Meter Replacement by CT-Operated Meter Replacement Needed Size of Cable Needed Length of Cable Needed Remarks Yes No Yes No Yes No 35 Electricity (Supply Services) GN. NO. 387 (Contd) E: INSPECTORS 1. ....................................................................................................... 2. ....................................................................................................... Witnessed by:........................................................................................... NOTES: 1. Electricity supply will be discontinued if customer will be found using electricity contrary to laid down regulation; 2. Inspections will be conducted by authorized staff who may be accompanied by other officials. 3. Power will be disconnected and customer will be notified in writing steps to be taken before restoration of power supply. 36 Electricity (Supply Services) GN. NO. 387 (Contd)

  64. THIRD SCHEDULE (Made under Rule 58(1) THE UNITED REPUBLIC OF TANZANIA THE ELECTRICITY ACT (CAP. 131) NOTIFICATION OF OFFENCE (ELECTRICITY SUPPLY ACTIVITY) To.......................................................................... Address...................................................... 1. You are charged with the following offence (s): (a) ......................................................................................................... (b) ......................................................................................................... (c) ........................................................................................................ (d) ......................................................................................................... (e) ......................................................................................................... (f) ......................................................................................................... 1. If you WISH to admit commission of the offence (s) you should complete “PART B” below and send this notification, together with the statutory penalty for each offence to which you admit, to the Authority within fourteen days from the date of service of this notification. 2. If you DO NOT WISH to admit to have committed the offence (s) you are required to complete “PART A” below and send this notification to the Director General of the Authority together with answers, in writing, to the charges mentioned above, within seven days from the date of service of this notification. 3. Penalty for each offence mentioned above shall be as provided for under the Electricity Act, Cap. 131, the EWURA Act, Cap. 414 or any other laws relevant to the conduct of the Electricity Supply Activity. 37 Electricity (Supply Services) GN. NO. 387 (Contd) PART “A”- NOTIFICATION OF INTENTION TO ANSWER CHARGES I ............................................................ of ............................................................. residential or business address) being the (owner/director/manager/representative) of.................................... .................................................................. intend to respond to the Authority on the charge (s) Nos...........................................................................set out in Paragraph 1 of this Notification. Signature: ............................................... Date: ....................................................... PART “B”- ADMISSION OF OFFENCE I ............................................................... of ............................................................... residential or business address) being the (owner/director/manager/representative) of..................................... ............................................................................................ plead guilty to the charge (s) Nos............................................................................set out in Paragraph 1 of this Notification and I undertake to pay the requisite fine of TZS................................................. within a period of fourteen days from the date hereof. Signature: ............................................... Date: .................................................... FACILITY DETAILS ISSUED BY Name of the Facilty.......................... Name: ..................................... Location of Facility. ................................. Designation: .......................... Licence No. ........................ Date: .................................................. . Signature of the person issued with the notification Signature of the Inspector .......................................... ............................................................ 38 Electricity (Supply Services) GN. NO. 387 (Contd)

  65. FOURTH SCHEDULE (Made Under Rule 59(2) PENALTIES FOR VIOLATIONS OF ELECTRICITY SUPPLY ACTIVITY Amount in TZS S/N Particular 1st 2nd 3rd and Offence Offence Subsequent Offence 1. Operating without a licence 10,000,000 or 7, Five Years 5,000,000 000,000 Imprisonment 2. Breach of Licence conditions for each licence condition 2, 3,000,000 1,000,000 000,000 3. Tampering with or adjusting 3,000,000 or 2, installation or part of an installation One Year 1,000,000 000,000 Imprisonment 4. Charging customers tariff that is not 10,000,000 or 7, approved by the Authority Five Years 5,000,000 000,000 Imprisonment 5. Failure to submit to the Authority a 2, 3,000,000 customer service charter 1,000,000 000,000 6. Failure to submit to the Authority in a true and correct form required data 4, 6,000,000 and information within the prescribed 2,000,000 000,000 time 7. Manufacturing, importation or sale of any equipment so as to pose or likely 10,000,000 or 7, to cause harm to human life or Five Years 5,000,000 000,000 damage equipment or property Imprisonment 8. Affixing or causing to be affixed any advertisement, bill, notice or any paper against or upon or otherwise defacing any building, post, bracket 2, or other equipment or an enclosure 3,000,000 1,000,000 000,000 thereof used for or in connection with any electrical installation without a consent of the licensee or the Authority 9. Negligently cause of injury or damage 10,000,000 or to any person or property in respect of 7, Five Years any electrical supply, installation 5,000,000 000,000 Imprisonment equipment or any part thereof 10. Damage to any meter or other 7,000,000 or 5, instrument used on or in connection Three Years 3,000,000 000,000 with any licensed installation for Imprisonment 39 Electricity (Supply Services) GN. NO. 387 (Contd) Amount in TZS S/N Particular 1st 2nd 3rd and Offence Offence Subsequent Offence recording the output or consumption of energy. 11. 10,000,000 or Fraudulently abstracting electricity; 7, Five Years 5,000,000 000,000 Imprisonment 12. 10,000,000 or Fraudulently consuming electricity; 7, Five Years 5,000,000 000,000 Imprisonment 13. Fraudulently altering the index of any meter or other instrument used or in connection to any installation for recording the output or consumption 10,000,000 or 7, of electricity or preventing any such Five Years 5,000,000 000,000 meter or instrument from duly Imprisonment recording output or consumption of electricity; 14. Fraudulently abstracting any oil, 10,000,000 or lubricant, additive from a transformer 7, Five Years or any other part of an electrical 5,000,000 000,000 Imprisonment installation. Dodoma, NZINYANGWA E. MCHANY ........................, 2019 Director General 40

Electricity (Supply Services) Rules, 2019 · Nelum