LexThe INDIAN ELECTRICITY ACT, 1910
Bihar · state statute
Open in Lexace · Ask the AI about this actTHE INDIAN ELECTRICITY ACT, 1910
(Act No. 9 of 1910)
[18th March, 1910]
CONTENTS
PART 1
Preliminary
1. Short title, extent and commencement
.
2. Definitions.
PART II
Supply of Energy
Licences.
3. Grant of licenses.
4. Revocation or amendment of licenses.
4A. Amendment of license.
5. 5. Provisions where license of a
licensee, is revoked.
6. Purchase of undertaking in the purchaser.
7. Vesting of the undertaking in the purchaser.
7A. Determination of purchase price.
8. Provisions where no purchase and license revoked with
consent of license.
9. Licensee not to purchase, or associates himself with,
other licensed undertaking or transfer his undertaking.
10. General power for Government to very terms of
purchase.
11. Annual accounts of licensee.
Works
12. Provision as to the opening and breaking up of streets,
railways and tramways.
13. Notice of new works.
14. Alteration of pipes or wires.
15. Laying of electric supply-lines or other works near
sewers, pipes or other electric supply-lines or works.
16. Streets, railways, tramways, sewers, drains or tunnels
broken up to be reinstated without realy.
17. Notice to telegraph authority.
18. Overhead lines.
19. Compensation for damage.
Supply
19A. Point where supply is delivered.
20. Power for licensee to enter premises and to remove
fittings or other apparatus of licensee.
21. Restriction on licensees controlling or interfering with
use of energy.
22. Obligation on licensee to supply energy.
22A. Powers of State Government to give direction to a
licensee in regard to the supply of energy to certain
class o consumers
22B. Power to control the distribution and consumption of
energy.
23. Charges for energy to be made without undue
preference.
24. Discontinuance of supply to consumer neglecting to
pay charge.
25. Exemption of electric supply-lines or other apparatus
from attachment in certain cases.
26. Meters.
27. Supply of energy outside area of supply.
PART III
Supply, Transmission and Use of
Energy by Non-Licences
28. Sanction required by non-licensees in certain cases.
29. Power for non-licensees to break up streets.
29A. Application of section 18 to over-headlines maintained
by railways.
30. Control of transmission and use of energy.
PART IV
General
Protective Clauses
31. Protection of railways, aerodromes, and canals, docks,
wharfs and piers.
.
32. Protection of telegraphic, telephonic and electric
signaling lines.
33. Notice of accidents and inquiries
34. Prohibition of connection with earth and power for
Government to interfere in certain cases of default.
Administration and Rules
35. Advisory Board.
36. Appointment of Electrical Inspector.
36A. Central Electricity Board.
36B. Central members affected by States’ re-organisation to
vacate offices.
37. Power for Board to make rules
38 Further provisions respecting. Rules.
CRIMINAL OFFENCES AND PROCEDURE
39. Theft of energy.
39A. Abetment
40. Penalty for maliciously wasting energy or injuring
works.
41. Penalty for unauthorised supply of energy by non-
licensees.
42 Penalty for illegal or defective supply or for
noncompliance with older.
43. Penalty or illegal transmission or use of energy.
44. Penalty for interference with meters or licensee’s works
and for improper use of energy.
45. Penalty for extinguishing public lamps.
46. Penalty for neglecting wasting energy or injuring
works.
47. Penalty for offences not otherwise provided for.
48. Penalties not to affect others liabilities.
49. Penalties where works belong to Government.
49A. Offences by companies.
50. Institution of prosecutions
Supplementary
51. Exercise in certain cases of powers of telegraph
authority. Act.
51A. State Government to have powers and obligations of a
licensee under this Act
52. Arbitration.
53. Service of notices orders of documents
.
54. Recovery of sums recoverable under certain provisions
of Act.
55. Delegation of certain functions of State Government to
Electrician Inspectors.
56. Protection for acts done in good faith.
57. Amendments of the Land Acquisition Act, 1894
.
58. Repeals and savings.
THE SCHEDULE
THE INDIAN ELECTRICITY ACT, 1910
(Act No. 9 of 1910)
[18th March, 1910]
An Act to amend the law retaining to the supply and use of electrical energy.
Whereas It Is expedient to amend the law relating to the supply and use of
electrical energy; It is hereby enacted as follows-
PART 1
PRELIMINARY
1. Short title, extent and commencement. –
(1) This Act may be called the Indian Electricity Act, 1910.
(2) It extends to the whole of India 1[except the State of Jammu and
Kashmir].
.
(3) It shall come into force on such 2 [date] as the Central Government
may, by notification in the Official Gazette, direct in this behalf.
1. Subs. by Act No. 3 of 1951, Sec. 3 and Sch., for “except Part B
States”.
2. 1
st January. 1911.
2. Definitions. -In this Act, expressions defined in the Indian Telegraph Act,
1885 (13 of 1885) 1[of in the Electricity (S upply) Act, 1948 (54 of 1948),
have the meanings assigned to them in either of those Acts], and unless
there is anything repugnant in the subject or context, -
(a) “Appropriate Government” means in relation to any works or
electric installations belonging to, or under the control of, the
Central Government or in rela tion to any mines, oilfields,
railways, aerodromes, telegraphs, broadcasting stations and
any works of defence, the C entral Government, and in any
other case, the State Government;
(b) “Area of supply” means the area within which alone a
licensee is for the time being authorised by his license to
supply energy;
(c) “Consumer” means any person who is supplied with energy
by a licensee or the Governm ent or by any other person
engaged in the business of suppl ying energy to the public
under this Act or any other law for the time being in force,
and includes any person whose pr emises are for the time
being connected for the purpose of receiving energy with the
works of a licensee, the Govern ment or such other person,
as the case may be;
(d) “Daily fine” means a fine for each day on which an offence is
continued after conviction therefor;
(e) “Distributing main” means t he portion of any main with which
a service line’ is, or is intended to be, immediately connected
(f) “Electric supply-line” m eans a wire, conductor or other
means used for conveying, transmitting or distributing
energy (whether by overhead li ne or underground cable),
together with any casing, coati ng, covering, tube, pipe or
insulator enclosing, surrounding or supporting the same or
any part thereof, or any apparatus connected therewith for
the purpose of so conveying, transmitting or distributing such
energy and includes any suppor t cross-arm, stay, strut or
safety device erected to set up for that purpose.
(g) “Energy” means electrical energy-
(i) Generated, transmitted or supplied for any purpose,
or
(ii) Used for any purpose except the transmission of a
message;
(h) “Licensee” means any person licensed under Part 11 to
supply energy;
(i) “Main” means any electric supply-Line through which
energy intended to be, supplied to the public;
1[(ii) “Overhead line” means an el ectric supply-line which is
placed above ground and ill the open air but does not
include live rails of a traction system;
(j) “Prescribed” means prescri bed by rules made under this Act;
(k) “Public lamp” means an elec tric lamp used for the lighting of
any street;
(l) “Service-Line” means any electric supply-line through which
energy is, or is intended to be, supplied
(i) To a single consumer ei ther from a distributing main
or immediately from the supplier’s premises, or
(ii) From a distributing ma in to a group of consumers on
the same premises or on adj oining premises supplied
from the same point of the distributing main;;
l(ll) “State Electricity Board” in relation to any State means the
State Electricity r that St ate under Section 5 of the
Electricity(Supply)Act, 1948 ( 54 of 1948), and Board which
functions in that State under sections 6 and 7 of the said
Act;]
(m) “Street” includes any way, r oad, lane, square, court, alley,
passage or open space, whether a thoroughfare or not, over
which the public have a right of way, and also the roadway
and footway over any public bridge or causeway; and
(n) “Work” includes electric supply-line and any building., plant,
machinery, apparatus and any other thing of whatever
description required to supply energy to the public and to
carry into effect the objects of a license or sanction granted
under this Act or any other law for the time being in force.
1. Subs. by Act No. 32 of 1959.
PART II
SUPPLY OF ENERGY
Licenses
3. Grant of licenses . –
(1) The State Government may, o il application made in the prescribed
form and on payment of the prescr ibed fee (if any) grant after
consulting the State Electricity B oard, a license to any person to
supply energy in any specified area, and also to lay down or place
electric supply-lines for the conveyance and transmission of
energy, -
(a) Where the energy to be s upplied is to be generated outside
such area, from a generating station situated outside such
area to the boundary of such area, or
(b) Where energy is to be conveyed or transmitted from any
place in such area to any other place therein across an
intervening area not included therein, across such area.
(2) In respect of every such lic ense and the grant ther eof the following
provisions shall have effect, namely: -
(a) Any person applying for a license under this Part shall
publish a notice of his applicat ion in the prescribed manner
and with the prescribed particu lars, and the license shall not
be granted-
(i) Until all objections rece ived by the State Government with
reference thereto have been considered by it:
Provided that no objection shall be so considered unless it is
received before the expiration of three months from the date
of the first publication of such notice as aforesaid; and
(ii) Until, in the case of an application for a license for an area
including the whole or any part of any cantonment
aerodromes, fortress, arsenal, do ckyard or camp or of any
building or place in the occu pation of the Government for
defence purposes. the State Go vernment has ascertained
that there is no objection to t he grant of the license on the
part of the Central Government;
(b) Where an objection is re ceived from any local authority
concerned, the State Government shall, if in its opinion the
objection is insufficient, record in writing and communicate to
such local authority its reasons for such opinion
(c) No application for a license under this Part shall be made by
any local authority except in pursuance of a resolution
passed at a meeting of such authority held after one month’s
previous notice of the same and of the purpose thereof likes
been given in the manner in whic h notices of meetings of
such local authority are usually given;
(d) A license under this part-
(i) May prescribe such terms as to the limits within which, and
the compulsory or permissive, and generally as to such
matters as the State Government may think fit; and
(ii) Save in cases in which under Section 10, clause (b), the
provisions of Sections 5 and 6, or either of them, have been
declared not to apply, every such license shall declare
whether any generating station to be used in connection with
the undertaking shall or shall not form part of the undertaking
for the purpose of purchase under Section 5 or Section 6;
(e) The grant of a license under this Part for any purpose shall
not in any way hinder or restri ct the grant of license to
another person within the same area of supply for a like
purpose;
(f) The provisions contained in the Schedule s hall be deemed
to be incorporated with and to form part of, every license
granted under this Part, save in so far as they are expressly
added to, varied or excepted by the license, and shall,
subject to any such additions, va riations or exceptions which
the State Government is he reby empowered to make, apply
to die undertaking authorised by the license:
Provided that where a license is granted in accordance with
the provisions of clause IX of the Schedule for the supply of
energy to other licensees for distribution by them, then, in so
far as such license relates to such supply, the provisions of
clauses IV, V, VI,’ VII, VIII and XII of the Schedule shall not
be deemed to be incorporated with the license.
4. Revocation or amendment of licenses.-
(1) The State Government may, if i ll its opinion the public interest so
require and after consulting the St ate Electricity Board, revoke a
licence in any of the following cases, namely: -
(a) Where the licensee, in the opinion of the State Government,
makes willful and unreasonably prolonged default in doing
anything required of him by or under this Act;
(b) Where the licensee breaks any of the terms or conditions of
his license the breach of which is expressly declared by such
license to render it liable to revocation;
(c) Where the licensee fails, within the period fixed in this
behalf by his license or any longer period wh ich the State
Government may substitute ther efor by order under [Section
4A, subsection (1), and before exercising any of the powers
conferred oil him thereby in relation to the execution of
works. –
(i) To show, to the satisfaction of the State Government,
that he is in a position fully and efficiently to discharge
the duties and obligations imposed on him by his
license, or
(ii) To make the deposit or furnish the security required
by his license;
(d) Where in the opinion of t he State Government the financial
position of the licensee is such that he is unable fully and
efficiently to discharge the duties and obligations imposed on
him by his license;
(e) Where a licensee, in the opinion of the State Government,
has made default in complying with any direction issued
under Section 22A.
(2) Where in its opinion the public interest so permits, the State
Government may, oil the applicat ion or with the consent of the
licensee, and after consulting the State Electricity Board, and the
Central Government where that Go vernment is interested, and if
the licensee is not a local authority, after consulting also the local
authority, if any, concerned, revoke a license as to the whole or any
part of the area of supply upon su ch terms and conditions as it
thinks fit.
(3) No license shall be revoked under subsection (1) unless the State
Government has given to the lic ensee not less than three months
notice, in writing stating the gr ounds on which it is proposed to
revoke the license and has cons idered any cause shown by the
licensee within the period of th at notice, against the proposed
revocation.
(4) Where the State Government might under subsection (1) revoke a
license it may instead of revoking t he license permit it to remain in
force subject to such further terms and conditions as it thinks fit to
impose and any further terms or conditions so imposed shall be
binding upon, and be observed by, the licensee, and shall be of like
force laid effect as if they were contained in the license.
4A. Amendment of licenses. –
(1) Where in its opinion the public interest so permits, the State
Government, on the application, of the licensee or otherwise and,
after consulting the State Electricity Board, and if the licensee is not
a local authority, also die local authority, if any, concerned, may
make such alterations and amendments in the terms and conditions
of a license, including the provis ions specified in Section 3.
Subsection (2), clause (f), as it thinks fit:
Provided that no such alteration s or amendments shall be made
except with the consent of the licensee unless such consent has, in
the opinion of the State Government, been unreasonably withheld.
(2) Where the licensee has made an appl ication under sub-section (1)
proposing any alterations or amendment in his license; the
following provisions shall have effect. Namely: -
(a) The licensee shall publish a notice of the application in the
prescribed inlayer and with the prescribed particulars;
(b) The State Government shall not make any alterations or
amendments until all objections re ceived by it with reference
to the application within three m onths from the date of the
first publication of the notice hive been considered;
(c) In the case of an appl ication proposing alterations or
amendments in the area of supp ly comprising the whole or
any part of any cantonment,, aer odrome, fortress, arsenal,
dockyard or camp or of any building or place in the
occupation of the Government for defence purposes, the
State Government shall not make any alterations or
amendments except with the consent of the Central
Government.
(3) Before making any altera tions or amendments in a license
otherwise than on the application of the licensee, the State
Government shall publish the proposed alterations or amendments
in the prescribed manner and with the prescribed particulars and
consider all objections received by it with reference to the proposed
alterations or amendments within three months from the date of the
first publication of the notice; and where alterations or amendments
have been proposed in an area of suppl y such as is referred to in
clause (c) of sub-section (2), the State Government shall not make
any alterations or amendments ex cept with the consent of the
Central the Government.
5. Provisions where licen se of a licensee, is revoked.-
(1) Where the St Kate Governm ent revokes, Linder Section 4, sub-
section (1), the license of a licensee, the following provisions shall
have effect, namely: -
(a) The State Government sha ll serve a notice of’ revocation
upon the licensee and shall fix a date on which the
revocation shall take effect; and on and with effect from that
date, or on and with e ffect from the date, if earlier, on which
the undertaking of the licensee is sold to a purchaser in
pursuance of any of the succeeding clauses or is delivered
to a designated purchaser in pursuance of sub-section (3) all
the powers and liabilities of die licensee under this Act shall
absolutely cease and determine;
(b) The State Government shall enquire from the State
Electricity Board, and where the lincensee is not a local
authority, also from any loca l authority constituted for the
area within which the whole of the area of supply is included,
whether it is willing to purchase the undertaking:
(c) If the State Electricity Board is willing to purchase the
undertaking, the State Government shall, by notice in writing
require the licensee to sell, Filed thereupon, the licensee
shall sell the undertaking to the State Electricity Board;
(d) If the State Electricity Board is not willing to purchase the
undertaking, the State Government shall have the option of
purchasing the undertaking and if it elects to purchase, it
shall by notice in writing r equire the licensee to sell. and
thereupon the license shall sell the undertaking to it;
(e) If the State Electricity Board is not willing to purchase the
undertaking and the State Government does not itself elect
to purchase it, the State Government in any case where the
local authority referred to in clause (b) is willing to purchase
the undertaking shall by notice in writing require the licensee
to sell, and thereupon the licens ee and sell the undertaking
to that local authority;
(f) If no sale of the undertaki ng is effected under any of the
foregoing, clauses and if any other person is wiling to
purchase the undertaking, the State Government may by
notice in writing requ ire the licensee to sell, and thereupon
the licensee shall sell the undertaking to such other person.
(2) Where an undertaking is sold under subsection (I) the purchaser
shall pay to tile licensee the purchase price of the undertaking
determined in accordance with the provisions of subsection (1) and
(2) Section 7A, or as the case may be, sub-section (3) of that
section.
(3) Where the State Government issues any notice under sub-section
(1) requiring the licensee to sell the undertaking, it may by such
notice require the licensee to deliver, and thereupon the licensee
shall deliver oil a date specified in the notice the undertaking to the
designated purchaser pending the determination and payment of
the purchase price of the undertaking:,
Provided that in any such case, the purchaser shall pay to the
licensee, interest at the Reserve B ank rate ruling at the time of
delivery of the undertaking plus one per centum on the purchase
price of the undertaking for the peri od from the date of delivery of’
the undertaking to the date of payment of the purchase price.
(4) Where before the date fixed in the notice issued under clause (a)
of sub-section (1) as the date oil which the revocation of the license
shall take effect, no notice li kes been issued to the licensee
requiring him to sell the undertaken or where for any reason no sale
of the undertaking has been effect ed under that subsection, the
licensee shall have the option of dis posing of all lands, buildings,
works, materials and plant belo nging to the undertaking in such
manner as he may think fit:
Provided that if the licensee does not exercise such option within a
period of six months from the aforesaid date, the State Government
may forthwith cause the works of the licensee in, under, over,
along, or across any street to be re moved and every such street to
be reinstated, and recover the cost of such removal and
reinstatement from the licensee.
6. Purchase of undertakings . –
(1) Where a license has been granted to any person, not being a local
authority, the State Electricity Board shall. –
(a) In the case of a lic ense granted before the commencement
of the Indian Electricity (Amendment) Act, 1959 (32 of 1959),
oil the expiration of each such period as is specified in the
license; and
(b) In the case of license gr anted oil or after the commencement
of the said Act, oil the expiration of such period not
exceeding 1[thirty] years and of, every such subsequent
period, not exceeding 2[twenty] years, as shall be specified
in this behalf in the license, have the option of purchasing
the undertaking and such option shall be exercised by the
State Electricity Board servi ng upon the licens ee a notice in
writing of not less that] one year requiring the licensee to sell
the undertaking to it at the ex piry of the relevant period
referred to in this subsection.
(2) Where a State Electricity B oard has not been constituted, or if
constituted, does not elect to purchase the undertaking, the State
Government shall have the like opt ion to be exercised in the like
manner of purchasing the undertaking.
(3) Where neither the State Electric ity Board nor the State Government
elects to purchase the undertaking, any local authority constituted
for an area within which the whole of the area of supply is included
shall have the like option to be ex ercised in the like manner of
purchasing the undertaking.
(4) If the State Electricity Board intends to exerci se the option of
purchasing die undertaking under this section, it shall send all
intimation in writing of such int ention to the State Government at
least eighteen months before file expiry of the relevant period
referred to in subsection (1) and if no such intimation as aforesaid
is received by the State Govern ment the State Electricity Board
shall be deemed to have elected not to purchase the undertaking.
(5) If the State Government in tends to exercise the option of
purchasing the undertaking under this section, if shall send and
intimation in writing of such intent ion to the local authority, if any,
referred to in subsection (3) at least fifteen months before the
expiry of the relevant period referr ed to in sub- section (1) and if no
such intimation as aforesaid is re ceived by the local authority, the
State Government shall be deemed to have elected not to purchase
the undertaking.
(6) Where a notice exercising the option of purchasing the undertaking
has been served upon the licensee under this section, the licensee
shall deliver the undertaking to the State Electricity Board, the State
Government or the local authori ty, as the case may be, on the
expiration of the relevant period referred to in sub-section (1)
pending the determination and payment of the purchase price.
(7) Where an undertaking is pur chased under this section, the
purchaser shall pay to the licen see the purchase price determined
in accordance with the provisions of sub-section (4) of Section 7A.
1. Subs. by Act No. 50 of 1991) for ‘twenty.
2. Subs. by Act No. 50 of 1991 for ‘ten’.
7. Vesting of the undertaking in the purchaser . -Where an undertaking is
sold under section 5 or Section 6, t hen upon the completion of the sale or
on the date on which the undertaki ng is delivered to the intending
purchaser under subsection (3) of sect ion 5 or under sub-section (6) of
Section 6, as the case may be, whichever is earlier—
(i) The undertaking shall vest in the purchaser on the intending
purchaser, as die case may be, free from any debt, mortgage or
similar obligation of the licensees or attaching to the undertaking:
Provided that any such debt, mort gage or similar obligation shall
attach to the purchase money in substitution for the undertaking;
(ii) The rights, powers, authoritie s, duties and obligations of the
licensee under his license shall st and transferred to the purchaser
and such purchaser shall he deemed to be the licensee:
Provided that where t he undertaking is sold or delivered to a State
Electricity Board or the State Go vernment, the license shall cease
to have further operation.
7A. Determination of purchase price.
(1) Where an undertaking of a licensee, not being a loca l authority, is
sold under subsection (1) of Secti on 5, the purchase price of the
undertaking shall be the market value of the undertaking at tile time
of purchase or where the underta king has been delivered before
the purchase under subsection (3) of th at section, at the time of the
delivery of the undertaking and if there is any difference or dispute
regarding such purchase price, t he same shall be determined by
arbitration.
(2) The market value of an under taking for the purpose of subsection
(1) shall be deemed to be the val ue of all lands, buildings, works
materials and plant or the licensee suitable to, and used by him, for
the purpose of the undertaking, ot her than (i) a generating station
declared by the license not to fo rm part of the undertaking for the
purpose of purchase, and ( ii) service-lines or other capital works or
any part thereof which have been c onstructed at t he expense of
consumers, due regard being had to the nature and condition for
the time being of such lands, buildings, works, materials and plant
and die state of repair thereof and to the circumstance that they are
in such position as to be ready for immediate working and to the
suitability of the same for th e purpose of the undertaking, but
without any addition in respect of compulsory purchase or of
goodwill or of any pr ofits which may be or might have been made
from the undertaking or of any similar consideration.
(3) Where an undertaking of a licensee, being a local aut hority, is sold
under sub-section (1) of Section 5, the purchase price of the
undertaking shall be such as the State Government, having regard
to the market value of the underta king shall be Such as the State
Government, having regard to the market value of the undertaking
at the date of delivery of the undertaking, may determine.
(4) Where an undertaking of a licen see is purchased under Section 6,
the purchase price shall be the value thereof as determined in
accordance with the provisions of sub-sections (1) and (2):
Provided that there shall be added to such value such percentage,
if any, not exceeding tw enty per centum of that value as may be
specified in the license on account of compulsory purchase.
8. Provisions where -no purchase an d license revoked with consent of
licensee. - Where, on the expiration of any of the periods referred to
Section 6, subsection (1) the underta king is not purchased by the State
Electricity Board, the State Govern ment or the local authority, and the
license is, on the applicati on or with the consent of the licensee, revoked,
the licensee shall have the option of disposing of all lands, buildings,
works, materials and plant belonging to the undertaking in such manner as
he may think fit:
Provided that, if the licensee does not exercise such option within a period
of six months, the Stat e Government may proceed to take action as
provided in Section 5, sub-section (4), proviso.
9. Licensee not to purchase, or associ ate himself with, other licensed
undertaking or transfer his undertaking. –
(1) The licensee shall not, at any time without the previous consent in
writing of the State Government, acquire, by purchase or otherwise,
the license or the undertaking of, or associate himself so far as the
business of supplying energy is concerned with any person
supplying, or intending to supply, energy under any other license,
and, before applying for such consent, the licensee shall give not
less than one month’s notice of the application-
(a) To the State Electricity Board; and
(b) To every local authority both in the licensee’s area of supply
and also in the area in which such other person supplies, or
intends to supply, energy.
Provided that nothing in this s ub-section shall be construed to
require the consent of the State Government for the supply of
energy by one licensee to another in accordance with the
provisions of clause IX of the Schedule.
(2) The licensee shall not at any ti me assign his license or transfer his
undertaking, on any part thereof, by sale, mortgage, lease,
exchange or otherwis e without the previous consent in writing of
the State Government.
(3) Any agreement relating to any transaction of the nature described
in subsection (1) or sub-section (2), unless made with, or subject
to, such consent as aforesaid, shall be void.
10. General power for Government to vary terms of purchase . –
Notwithstanding anything in Sections 5, 6 and 8, the State Government
may, in any license to be granted under this Act, -
(a) Vary the terms and conditions upon which, and the periods
on the expiration of which, the licensee shall be bound to sell
his undertaking, or
(b) Direct that, subject to such conditions and restrictions (if any)
as it may think fit to impose, the provisions of the said
sections or any of them shall not apply.
11. Annual accounts of licensee. –
(1) Every licensee shall, unless ex pressly exempted from the liability
by his license, or by order in writing of the State Government,
prepare and render to the State Government or to such authority as
the State Government appoint in this behalf, on or before the
prescribed date in each year, an annual statement of accounts of
his undertaking made up to such date, in such form, and containing
such particulars, as may be prescribed in this behalf.
(2) The licensee shall keep copies of such annual statement at his
office and sell the same to any applicant at a price not exceeding
five rupees per copy.
Works
12. Provision as to the opening and breaking up of streets, railways and
tramways. -
(1) Any licensee may, from time to time but subject always to the terms
and conditions of his license, withi n the area of supply, or, when
permitted by the terms of his licens e to lay down or place electric
supply-lines without the area of supply, without that area-
(a) Open and break up the so il and payment of any street,
railway or tramway;
(b) Open and break up any sewer, drain or tunnel in or under
any street, railway or tramway;
(c) Lay down and place electric supply-lines and other works;
(d) Repair, alter or remove the same; and
(e) Do all other acts necessary for the due supply of energy.
(2) Nothing contained in sub-sectio n (1) shall be deemed to authorise
or empower a licensee, without the c onsent of the local authority or
of the owner or occupier concer ned, as the case may be, to lay
down or place any electric supply-I ine or other work in, through or
against any building, or on, over or under any land’ not dedicated to
public use whereon, wherever or whereunder any electric supply-
line work has not already been lawfully laid down or placed by such
licensee:
Provided that any support of an ov erhead line or any stay or strut
required for the sole pur pose of securing in pos ition any support of
an overhead line may be fixed on any building or land or, having
been so fixed, may be altered, notwithstanding the objection of
owner or occupier of su ch building or land, if the District Magistrate
or, in a Presidency town, the Commi ssioner of Police by order in
writing so directs:
Provided also, that, if at any time the owner or occupier of any
building or land on which any such support, stay or sturt has been
fixed shows sufficient cause, the District Magistrate or, in a
Presidency-town the Commissioner of Police may by order in
writing direct any such support, st ay or strut to be removed or
altered.
(3) When making an order under sub-section (2), the District
Magistrate or the Commissioner of Police, as the case may be,
shall fix the amount of compensation or of annual rent, or of both,
which should in his opinion be paid by the licensee to the owner or
occupier.
(4) Every order made by a District Magistrate or a Commissioner of
Police under sub-section (2) sha ll be subject to revision by the
State Government.
(5) Nothing contained in sub-sectio n (1) shall be deemed to authorise
or empower any licensee to open or break up any street not
repairable by the Central Government or the State Government or a
local authority, or any railway or tramway, except such streets,
railways or tramways (if any), or such parts thereof, as he is
specially authorised to break up by his license, without the written
consent of the person by whom the street is repairable or of the
person for the time being entitled to work the railway or tramway,
unless with the written consent of the State Government:
Provided that the State Governm ent shall not give any such
consent as aforesaid, until t he licensee has given notice by
advertisement or otherwise as t he State Government may direct,
and within such period as the Stat e Government may fix in this
behalf. to the person above referred to, and until all representations
or objections received ill accordance with the notice have been
considered by the State Government.
(6) In this section, “occupier” of any building or land means a person in
lawful occupation of that building or land.
13. Notice of new works. –
(1) Where the exercise of any of t he powers of a licensee in relation to
the execution of any works involves the placing of any works, in,
under, over, along or across any str eet, part of a street, railway,
tramway, canal or waterway, the following provisions shall have
effect, namely: -
(a) Not less than one month bef ore commencing the execution
of the works the licensee sh all serve upon the person
responsible for the repair of t he street or par t of a street
(hereinafter in this section referred to as “the repairing
authority”) or upon the person for the time being entitled to
work the railway, tramway, cana l or waterway (hereinafter in
this section referred to as “the owner”), the case may be, a
notice in writing describing the proposed works together with
a section and plan thereof on a scale sufficiently large to
show clearly the details of the proposed works, and not in
any case smaller than one inch to eight feet vertically and
sixteen inches to the mile ho rizontally, and intimation the
manner in which, and the time at which, it is proposed to
interfere with or alter any ex isting works, and shall, upon
being required to do so by the repairing authority or owner,
as the case may be, from time to time give such further
information in relation thereto as may be desired,
(b) If the repairing authority in timates to the licensee that it
disapproves of such works, section or plan, or approves
thereof subject to amendmen t, the licensee may, within one
week of receiving such inti mation, appeal to the State
Government, whose decision, a fter considering the reasons
given by the repairing authority for its action, shall be final;
(c) If the repairing authority fails to give notice in writing of its
approval or disapproval to t he licensee within one months, it
shall be deemed to have approved of the works, section and
plan, and the licensee, after givi ng not less than forty-eight
hours, notice in writing to the repairing authority, may
proceed to carry out the works in accordance with notice and
the section and plan served under clause (a);
(d) If the owner disapproves of su ch works, section or plan, or
approves-thereof subject to amendment, he may, within
three weeks, after the service of the notice under clause (a),
serve a requisition upon t he licensee demanding that any
question in relation to the works or to compensation, or to
the obligations of the owner to others in respect thereof,
shall be determined by arbitr ation, and thereupon the matter
shall unless settled by agreem ent, the determination by
arbitration;
(e) Where no requisition has been served by the owner upon
the licensee under clause (d), within the time named, the
owner shall be deemed to hav e approved of the works,
section and plan, and in t hat case, or where after a
requisition for arbitration the matter has been determined by
arbitration, the works may, upon payment or securing of
compensation, by executed acco rding to the notice and the
section and plan, subject to such modifications as may have
been determined by arbitrati on or agreed upon between the
parties.
Explanation.-In clause (a) to (e) the word “works” includes a
service-line in, under, over, along or across a railway even if such
line is immediately attached or intended to be immediately attached
to a distributing main, but does not include-
(i) Any other service-line so attached or intended to be so
attached to a distributing main, or
(ii) Works which consist of the repair, renewal or amendment of
existing works of which the char acter or position is not be
altered;
(f) Where the works to be executed consist of the laying of any
under ground service-line immedi ately attached, or intended
to be immediately attached, to a distributing main, the
licensee shall give to the repairing authority or the owner, as
the case may be, not less than forty-eight hours’ notice in
writing of his intention to execute such works;
(g) Where the works to be exec uted consist of the repair,
renewal or amendment of existing works of which the
character or position is not to be altered, the licensee shall,
except in cases of emergency, give to the repairing authority,
or to the owner, as the case may be, not less than forty-eight
hour’s notice in writing of hi s intention to execute such
works, and, on the expiry of such notice, such works shall be
commenced forthwith and shall be carried on with all
reasonable despatch, and, if possi ble, both by day and by
night until completed.
(2) Where the licensee makes default in complying with any of these
provisions, he shall make full compensation for any loss or damage
incurred by reason thereof, and, w here any difference or dispute
arises as to the amount of such compensation, the matter shall be
determined by arbitration.
(3) Notwithstanding anything in this section, the licensee may, in case
of emergency due to the breakdow n of an underground electric
supply-Iine after giving notice in wr iting to the repa iring authority or
the owner, as the case may be, of his intention to do so, place an
overhead line without comp lying with the provisions of subsection
(1):
Provided that such overhead line shal l be used only until the defect
in the underground electric suppl y-line can be made good, and in
no case (unless with the written consent of the State Government)
for a period exceeding six weeks, and shall be removed as soon as
may be after such defect is removed.
14. Alteration of pipes or wires. –
(1) Any licensee may alter the positio n of any pipe (not forming, in case
where the licensee is not a local aut hority, part of a local authority’s
main sewer), or of any wire unde r or over any place which he is
authorised to open or break up, if such pipe or wire is likely to
interfere with the exercise of hi s powers under this Act; and any
person may alter position of any electric supply-Lines or works are
likely to interfere with the lawful exercise of any powers vested ill
him.
(2) In any such case as aforesaid t he following provisions shall, in the
absence of an agreement to the c ontrary between the parties
concerned, apply, namely: -
(a) Not less than one month befor e commencing any alteration,
the licensee or other person desiring to make the same
(hereinafter in this section re ferred to as “the owner”), a
notice in writing, describing the proposed alteration, together
with a section and plan thereof on a scale sufficiently large to
show clearly the details of the proposed works, and not in
any case smaller than one inch to eight feet vertically and
sixteen inches to the mile ho rizontally, and intimating the
time when it is to be commenced, and shall subsequently
give such further information in relation thereto as the owner
may desire;
(b) Within fourteen days after the service of the notice, section
and plan upon the owner, the owner may serve upon the
operator a requisition to the effe ct that any question arising
upon the notice, section or pl an shall be determined by
arbitration, and thereupon the ma tter shall, unless settled by
agreement, be determined by arbitration;
(c) Every arbitrator to whom a reference is made under clause,
(b), shall have regard to any duties or obligations which the
owner is under, and may require the operator to execute an
temporary or other works so as to avoid, as far as possible,
interference therewith;
(d) Where no requisition is served upon the operator under
clause (b) within the time named, or where such a requisition
has been served and the matter has been settled by
agreement or determined by arbitr ation, the alteration may,
upon payment or securing of any compensation accepted or
determined by arbitration, be executed in accordance with
the notice, section and plan and subject upon between the
parties;
(e) The owner may, at any time before the operator is entitled to
commence the alteration, serve upon the operator a
statement in writing to the effe ct that he desires to execute
the alteration himself and require s the operator to give such
security for the repayment of any expenses an may be
agreed upon or, in default of agreement, determined by
arbitration;
(f) Where a statement is serv ed upon the operator under clExcerpt shown. Open the full act in Lexace.