Article 39 For the mutual-supply electricity price between independent power networks and networks spanning different provinces, autonomous regions or municipalities directly under the Central Government, or between independent networks and provincial networks, a proposal shall be made through consultation by the two parties, and shall be examined and approved by the pricing administrative department of the State Council or its authorized department. For the mutual-supply electricity price among independent power networks, a proposal shall be made through consultation by the two parties and shall be examined and approved by the authorized pricing administrative department. Article 40 For the sale price of electricity of power networks spanning different provinces, autonomous regions or municipalities directly under the Central Government, as well as provincial networks, a proposal shall be made by the power network operation enterprises and shall be examined and approved by the pricing administrative department of the State Council or its authorized department. For the sale price of electricity of independent power networks, a proposal shall be made by the power network operation enterprises and be examined and approved by the authorized pricing administrative department. Article 41 The State adopts a categorized electricity price and time-of-use electricity price. The standard for categorization and the method for division of the time period shall be stipulated by the State Council. The same standard of the electricity price shall be implemented to all users of the same category, with the same voltage grade within the same power network. Article 42 The charge standard for power capacity expansion of the users shall be stipulated by the pricing administrative department in conjunction with the administrative department of electric power of the State Council. Article 43 No unit may set the price of electricity beyond its authority. No power supply enterprise may change the price of electricity without authorization. Article 44 All units or individuals are forbidden to levy a surcharge on the electricity charges, however, for cases with other provisions in laws and administrative regulations, those provisions shall be observed. For surcharges in the charges of electricity generated for locally funded power projects, the pricing methods shall be worked out by the people's governments of the provinces, autonomous regions, or municipalities directly under the Central Government based on the relevant regulations of the State Council. Power supply enterprises are forbidden to charge power users on others' behalf. Article 45 The regulations of power pricing management shall be worked out by the State Council based on the provisions of this law. Chapter VI Rural Electric Power Construction and AgriculturalUti lization of Electricity Article 46 The people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government shall formulate the planning for the development of rural electrification and shall put the planning into the plan of local electric power development as well as the plan of national economy and social development. Article 47 The State adopts preferential policies for rural electrification, and provides special support to rural power construction in minority nationality areas, frontier and remote areas, and poverty-stricken areas. Article 48 The State advocates the exploitation of rural hydropower resources, the construction of medium and small size hydropower stations to promote rural electrification. The State encourages and supports rural areas to utilize solar energy, wind energy, geothermal energy, biomass energy, and other energy resources to develop rural electric power sources and to increase the rural power supply. Article 49 The local people's governments at and above the county level and their comprehensive economic departments, when allocating electricity quotas, shall guarantee the proper proportion of electricity for rural and agricultural utilization, and give priority to the electricity for rural floodwater drainage, combat of drought, and seasonal agricultural production. Electric power enterprises shall comply with the allocation of electricity as set forth in the preceding section, and shall not reduce the quotas for rural and agricultural utilization. Article 50 The electricity price for agriculture shall be set in accordance with the principles of "cost compensation" and "marginal profit". The price of electricity utilized by farmers and by local urban residents for their living shall be gradually unified. Article 51 The regulation on management of electric power for agricultural and rural utilization shall be worked out by the State Council. Chapter VII Protection of Power Facilities Article 52 No unit or individual may harm electricity generation, substation and electric power line facilities as well as their relevant auxiliary facilities. Any explosion operations that are conducted in the vicinity of power facilities, and other work that might endanger the safety of power facilities, shall be in accordance with regulations of the State Council concerning the protection of power facilities, conducted only after approval and definite measures for ensuring the safety of the power facilities are taken. Article 53 The administrative department of electric power shall, according to the regulations of the State Council concerning the protection of power facilities, set up signs in power facility protection areas. No unit or individual may construct any buildings or other constructional structures, plant vegetation, or place objects which might endanger the safety of power facilities within power facility protection areas demarcated according to law. Vegetation that imperils the safety of power facilities but was planted before the area was demarcated according to law as a power facility protection area, shall be trimmed or cut. Article 54 In power facility protection areas demarcated according to law, units or individuals may carry out operations that might endanger the safety of the power facilities only after approval of the administrative department of electric power and definite safety measures have been taken. Article 55 If power facilities and public projects, afforestation projects or other projects obstruct one another in the process of construction, reconstruction and expansion, the units involved shall begin operations only after consultation in accordance with the State's relevant regulations and reaching an agreement. Chapter VIII Supervision and Inspection Article 56 The administrative department of electric power shall supervise and inspect the implementation of the electricity laws and the administrative regulations by electric power enterprises and users. Article 57 If needed, the administrative department of electric power may staff electric power supervisory and inspective personnel. Electric power supervisory and inspective personnel shall be impartial and honest, enforce laws justly, be familiar with the electricity laws and regulations, and master relevant specialized electric power techniques. Article 58 When electric power supervisory and inspective personnel perform their duties, they shall have the rights to ascertain the implementation of the electricity laws and the administrative regulations by electric power enterprises and users, scrutinize relevant documents, and have the authority to enter the spots for inspection. The electric power enterprises and users shall provide all convenience to electric power supervisory and inspective personnel who are on duty. When carrying out supervision and inspection, electric power supervisory and inspective personnel shall present proper identification. Chapter IX Legal Responsibility Article 59 Electric power enterprises or users who break the power supply and utilization contract and thereby cause the other party contractual losses shall be liable for compensation according to law. Electric power enterprises, in violation of the provisions of Article 28 or Section 1 of Article 29 of this law, that do not ensure the quality of power supply or interrupt the power supply without prior notice to users and thereby cause users losses, shall be liable for compensation according to law. Article 60 Electric power enterprises that cause users or the third party losses or damages because of electric power operation fault shall be liable for compensation according to law. Electric power enterprises are exempt from compensation liability if an electric power operation fault is caused by one of the following factors: (1) force major; (2) the user's own fault. If losses or damages are caused to electric power enterprises or other users because of the fault of a user or the third party, the user or the third party causing the losses shall be liable for compensation according to law. Article 61 For those who violate the provisions of Section 2 of Article 11 of this law by illegally occupying or utilizing the land for substation facilities, transmission line corridors, and cable channels, the local people's governments at and above the county level shall order them to rectify within a given time period; if a rectification is not made within the specified time, the obstacles shall be forcefully eliminated. Article 62 For those electric power construction projects that violate the provisions of Article 14 of this law by conflicting with the power development planning or industrial policy, the administrative department of electric power shall order them to stop the construction of the project. Those electric power construction projects that violate the provisions of Article 14 of this law by utilizing electric power equipment or technology declared obsolete by formal decree of the State, the administrative department of electric power shall order them to stop the use of such equipment or technology, confiscate the obsolete electric equipment and impose a fine of up to 50000 yuan. Article 63 For those who violate the provisions of Article 25 of this law by supplying electricity or changing the service area without permission, the administrative department of electric power shall order them to rectify, confiscate any illegal gains, and impose a fine of up to five times the amount of any illegal gains. Article 64 For those who violate the provisions of Article 26 or Article 29 of this law by refusing to supply electricity or by interrupting power supply, the administrative department of electric power shall order them to rectify, and give a disciplinary warning; if the case is serious, an administrative penalty shall be imposed upon the involved person in charge and those persons who bear direct responsibility. Article 65 For those who violate the provisions of Article 32 of this law by endangering the safety of power supply and utilization or by disturbing the order of power supply and utilization, the administrative department of electric power shall order them to rectify and give them a warning. If the case is serious or in case of refusing to make rectification, the administrative department of electric power may suspend their power supply and impose a fine of up to 50000 yuan. Article 66 For those who violate the provisions of Article 33, Article 43 or Article 44 of this law by charging users electricity fees that are not based on the price approved by the State or that are not based on the records of the electricity meters; or those who exceed their authority in setting electricity prices or in charging other fees, the pricing administrative department shall give them a warning, order them to return the fees and charges collected illegally, and may impose a fine of up to five times the amount of the fees and charges collected illegally. If the case is serious, an administrative penalty shall be imposed upon the involved person in charge and those persons who bear direct responsibility. Article 67 For those who violate the provisions of Section 2 of Article 49 of this law by reducing the quota for agricultural and rural utilization, the administrative department of electric power shall order them to rectify. If the case is serious, an administrative penalty shall be imposed upon the involved person in charge and those persons who bear direct responsibility. If losses are thereby caused, the violator shall be ordered to make the compensation. Article 68 For those who violate the provisions of Section 2 of Article 52 or Article 54 of this law by carrying out operations in the vicinity of the power facilities or in a power facility protection area demarcated according to law without permission or without taking any safety measures, which endanger the safety of power facilities, the administrative department of electric power shall order them to cease their operations, restore to the original state, and to make compensation for any losses. Article 69 For those who violate the provisions of Article 53 of this law by constructing building or other constructional structures, planting vegetation, or placing objects, which endanger the safety of power facilities in a power facility protection area demarcated according to law, the local people's government shall order them compulsorily to dismantle the construction, chop the vegetation, or eliminate the objects. Article 70 The public security office shall, according to the relevant provisions of the Public Order Management Regulations, impose a penalty upon any of the following actions. Those actions which constitute crimes shall be prosecuted for criminal liability according to law: (1) Hindering or delaying the process of power construction or the urgent repair and maintenance of power facilities, thereby making it impossible for the power construction or repair and maintenance of power facilities to be carried out normally; (2) Disturbing the order of power production enterprises, substations, or power dispatching agencies and power supply enterprises, and thereby making it impossible for normal production, work, or service to be conducted normally; (3) Striking or openly insulting electricity inspector, meter reader or fee collector who is carrying out his duty; (4) Refusing or preventing electric power supervisory and inspective personnel from carrying out their duties according to law. Article 71 For those who steal electric energy, the administrative department of electric power shall order them to stop the illegal behavior, to pay the electricity fees, and to be imposed a fine of up to five times the amount of the electricity fees that should be paid. Those actions which constitute crimes shall be prosecuted for criminal liability according to the provisions of Article 151 or Article 152 of the Criminal Law. Article 72 Those who steal, or damage by other means electric power facilities and harm the public safety, shall be prosecuted for criminal liability according to the provisions of Article 109 or Article 110 of the Criminal Law. Article 73 Any person of an administrative department of electric power who abuses his authority, neglects his duties, plays favoritism, or commits irregularities, shall be prosecuted for criminal liability in the case where a crime is constituted; or an administrative penalty shall be imposed in the case where no crime is constituted. Article 74 Any staff member or employee of an electric power enterprise who violates rules and regulations, makes a dispatch contrary to regulations, or disobeys the dispatch order and thereby causes a serious accident, shall be prosecuted for criminal liability according to provisions of Article 114 of the Criminal Law. Any staff member or employee of an electric power enterprise who intentionally delays urgent repair and maintenance on electric power facilities or delays power supply for rescue and relief work and thereby causes serious consequences, shall be prosecuted for criminal liability according to the provisions of Article 114 of the Criminal Law. Management personnel, electricity inspector, meter readers or fee collectors of an electric power enterprise who blackmail the users or seek personal gains shall be prosecuted for criminal liability in the case where a crime is constituted; or an administrative penalty shall be imposed in the case where no crime is constituted. Chapter X Supplementary Provisions Article 75 This law shall come into force on April 1, 1996. Appendix: Related Articles of the Criminal Law Article 109 Those who destroy electric power, gas, or other inflammable or explosive equipment and thereby endanger public safety, if serious consequences have not yet resulted in, shall be sentenced to imprisonment between three to ten years. Article 110 Those who destroy vehicles, traffic equipment, electric power or gas equipment, or inflammable or explosive equipment, thus causing serious consequences, shall be sentenced to more than 10 years' imprisonment, life imprisonment, or death. Those who negligently commit the crime mentioned in the preceding section shall be sentenced to imprisonment of up to seven years or criminal detention. Article 114 If any staff member or employee of a factory, mine, forestry farm, construction enterprise or other enterprise or institution disobeys management, violates rules and regulations, or forces workers to disobey instructions and work in an operational risks, and thereby causes serious injury or death, the person shall be sentenced to imprisonment of up to three years or criminal detention; if the case is extremely serious, the person shall be sentenced to imprisonment between three to seven years. Article 151 Those who steal, cheat, or rob a large amount of public or private property shall be sentenced to imprisonment of up to five years, criminal detention, or criminal surveillance. Article 152 Habitual thieves, cheats, or those who steal, cheat, or rob a huge amount of public or private property shall be sentenced to imprisonment between five to ten years; if the case is extremely serious, the person shall be sentenced to more than 10 years' imprisonment or life imprisonment, and may concurrently be sentenced to a confiscation of property.