(1) The register of
the meter or other device used for ascertaining the quantity of electricity
supplied by a supply authority shall be prima facie evidence of the quantity
supplied or used.
(2) The supply
authority shall be entitled to test any such meter or other device at any
time, and if it fails to register or is found to register incorrectly, the
account of the consumer for or in respect of the supply of electricity to him
on the premises upon which the said meter or other device is installed for the
period next following the period for which the then last preceding account was
rendered to the consumer may be adjusted by the supply authority at its option
upon any one of the following bases, namely —
(a) any
test carried out under the authority of this Act; or
(b) the
account rendered to the consumer in respect of such premises for the
corresponding period of the then next preceding year; or
(c) the
account rendered to the consumer for the then last preceding account period in
respect of such premises with a reasonable adjustment thereof for any known
variation in the consumer’s demand for electricity; or
(d) the
certificate of testing of the meter or other device aforesaid hereinafter
provided for.
(3) Subject to
subsection (4) a consumer shall, upon payment of the prescribed testing fee,
be entitled to demand a test of any meter or other device used for
ascertaining the quantity of electricity supplied to him and when such a test
is demanded the following provisions shall apply, that is to say —
(a) the
test demanded may, at the option of the person requiring the test, be
performed —
(i)
on the basis of a comparison of the working of the meter
or other device under consideration with that of any other meter which has
been certified by any tester approved by the Director to be effective; or
(ii)
on the basis of testing the meter or other device under
consideration by a testing laboratory approved by the Director;
(b) the
testing fee prescribed in respect of a test upon the basis mentioned in
paragraph (a)(i) shall not exceed $20, and the testing fee prescribed in
respect of a test upon the basis mentioned in the said paragraph (a)(ii) shall
not exceed $50;
(c) if
it be found on testing that the meter or other device is not more than 2%
fast, the testing fee shall be retained by the supply authority;
(d) if
it be found on testing that the meter or other device is more than 2% fast the
testing fee shall be refunded to the consumer and a rebate, based on the
result of the test shall be made on the last account rendered to the consumer
and on the current account up to the date when the meter is removed or
re-adjusted.
(4) Meters or other
devices shall be considered correct if on testing they are found to register
within 2% of the correct registration.
(5) All outstanding
accounts between the consumer and the supply authority shall be paid before
any test demanded by such consumer is made.
[Section 41 amended: No. 113 of 1965 s. 8; No. 89
of 1994 s. 80; No. 63 of 1996 s. 10; No. 19 of 2010 s. 57(4).]