PART XVII
OTHER PROVISION
Protective clauses
Protection of
railways,
highways, airports
and canals, docks,
wharfs and piers.
159.
No person shall, in the generation, transmission, distribution, supply or
use of electricity, in any way injure any railway, highway, airports,
tramway, canal or water-way or any dock, wharf or pier vested in or controlled
by a local authority, or obstruct or interfere with the traffic on any
railway, airway, tramway, canal or water-way.
Protection of telegraphic, telephonic and electric signalling lines.
160.
- Every person generating, transmitting, distributing, supplying or
using electricity (hereinafter in this section referred to as the "operator")
shall take all reasonable precautions in constructing, laying down and
placing his electric lines, electrical plant and other works and in
working his system, so as not lines, electrical plant and other works
and in working his system, so as not injuriously to affect, whether
by induction or otherwise, the working of any wire or line used for
the purpose of telegraphic, telephone or electric signalling communication,
or the currents in such wire or line.
- Where any difference or dispute arises between the operator, and
the telegraph authority as to whether the operator has constructed,
laid down or placed his electric lines, electrical plant or other works,
or worked his system, in contravention of sub-section (1), or as to
whether the working of any wire, line or current is or is not injuriously
affected thereby, the matter shall be referred to the Central Government
and the Central Government, unless it is of opinion that the wire or
line has been placed in unreasonable proximity to the electric lines,
electrical plant or works of the operator after the construction of
such lines, plant or works, may direct the operator to make such alterations
in, or additions to, his system as may be necessary in order to comply
with the provisions of this section, and the operator shall make such
alterations or additions accordingly: Provided that nothing in this
sub-section shall apply to the repair, renewal or amendment of any electric
line or electrical plant so long as the course of the electric line
or electrical plant and the amount and nature of the electricity transmitted
thereby are not altered.
- Where the operator makes default in complying with the requirements
of this section, he shall make full compensation for any loss or damage
incurred by reason thereof, and, where any difference or dispute arises
as to the amount of such compensation, the matter shall be determined
by arbitration.
Explanation.
For the purposes of this section, a telegraph line shall be deemed
to be injuriously affected if telegraphic, telephonic or electric signalling
communication by means of such line is, whether through induction or
otherwise, prejudicially interfered with by an electric line , electrical
plant or other work or by any use made thereof.
Notice of
accidents and
inquiries.
161.
- If any accident occurs in connection with the generation, transmission,
distribution, supply or use of electricity in or in connection with, any part of the
electric lines or electrical plant of any person and the accident results or is likely to
have resulted in loss of human or animal life or in any injury to a human being or
an animal, such person shall give notice of the occurrence and of any such loss or
injury actually caused by the accident, in such form and within such time as may
be prescribed, to the Electrical Inspector or such other person as aforesaid and to
such other authorities as the Appropriate Government may by general or special
order, direct.
- The Appropriate Government may, if it thinks fit, require any
Electrical Inspector, or any other person appointed by it in this behalf, to inquire
and report-
- as to the cause of any accident affecting the safety of the public,
which may have been occasioned by or in connection with, the generation,
transmission, distribution, supply or use of electricity, or
- as to the manner in, and extent to, which the provisions of this
Act or rules and regulations made thereunder or of any licence, so
far as those provisions affect the safety of any person, have been
complied with.
-
Every Electrical Inspector or other person holding an inquiry under
sub-section (2) shall have all the powers of a civil court under the Code of Civil
Procedure, 1908 for the purpose of enforcing the attendance of witnesses and
compelling the production of documents and material objects, and every person
required by an Electrical Inspector be legally bound to do so within the meaning of
section 176 of the Indian Penal Code.
Appointment of
Chief Electrical
Inspector and
Electrical
Inspector.
162.
- The Appropriate Government may, by notification, appoint duly qualified
persons to be Chief Electrical Inspector or Electrical Inspectors and
every such Inspector so appointed shall exercise the powers and perform
the functions of a Chief Electrical Inspector or an Electrical Inspector
under this Act and exercise such other powers and perform such other
functions as may be prescribed within such areas or in respect of such
class of works and electric installations and subject to such restrictions
as the Appropriate Government may direct.
- In the absence of express provision to the contrary in this Act,
or any rule made thereunder, an appeal shall lie from the decision of
a Chief Electrical Inspector or an Electrical Inspector to the Appropriate
Government or if the Appropriate Government, by general or special order
so directs, to an Appropriate Commission.
Power for licensee
to enter premises
and to remove
fittings or other
apparatus of
licensee.
163.
- A licensee or any person duly authorised by a licence may, at any
reasonable time, and on informing the occupier of his intention, enter
any premises to which electricity is, or has been, supplied by him,
of any premises or land, under, over, along, across, in or upon which
the electric supply-lines or other works have been lawfully placed by
him for the purpose of –
- inspecting, testing, repairing or altering the electric supply
lines, meters, fittings, works and apparatus for the supply of electricity
belonging to the licensee; or
- ascertaining the amount of electricity supplied or the electrical
quantity contained in the supply; or
- removing where a supply of electricity is no longer required, or
where the licensee is authorised to take away and cut off such supply,
any electric supply-lines, meters, fittings, works or apparatus belonging
to the licensee.
- A licensee or any person authorised as aforesaid may also, in pursuance
of a special order in this behalf made by an Executive Magistrate and
after giving not less than twenty-four hours notice in writing to the
occupier, -
- enter any premises or land referred to in sub-section (1) for any
of the purposes mentioned therein;
- enter any premises to which electricity is to be supplied by him,
for the purpose of examining and testing the electric wires fittings,
works and apparatus for the use of electricity belonging to the consumer.
- Where a consumer refuses to allow a licensee or any person
authorised as aforesaid to enter his premises or land in pursuance of the provisions
of sub-section (1) or, sub-section (2), when such licensee or person has so entered,
refuses to allow him to perform any act which he is authorised by those subsections
to perform, or fails to give reasonable facilities for such entry or
performance, the licensee may, after the expiry of twenty-four hours from the
service of a notice in writing on the consumer, cut off the supply to the consumer
for so long as such refusal or failure continues, but for no longer.
Exercise of
powers of
Telegraph
Authority in
certain cases.
164.
The Appropriate Government may, by order in writing, for the placing of
electric lines or electrical plant for the transmission of electricity or for the purpose
of telephonic or telegraphic communications necessary for the proper co-ordination
of works, confer upon any public officer, licensee or any other person engaged in
the business of supplying electricity under this Act, subject to such conditions and
restrictions, if any, as the Appropriate Government may think fit to impose and to
the provisions of the Indian Telegraph Act, 1885, any of the powers which the
telegraph authority possesses under that Act with respect to the placing of telegraph authority possesses under that Act with respect to the placing of
telegraph lines and posts for the purposes of a telegraph established or maintained,
by the Government or to be so established or maintained.
Amendment of
Sections 40 and
41 of Act 1 of
1894.
165.
- In section 40, sub-section (1) of clause (b) and section 41, subsection
(5) of the Land Acquisition Act, 1894, the term "work" shall be deemed
to include electricity supplied or to be supplied by means of the work
to be constructed.
- The Appropriate Government may, on recommendation of the Appropriate
Commission in this behalf, if it thinks fit, on the application of any
person, not being a company desirous of obtaining any land for its purposes,
direct that he may acquire such land under the provisions of the Land
Acquisition Act, 1894 in the same manner and on the same conditions
as it might be acquired if the person were a company.
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