Repealed or not in force · As amended up to 2026-08
12. (1) Any licensee may, from time to time but subject always to the terms and conditions of his up license, within the area of supply, or, when permitted by the terms of his license to lay down or place electric supply-lines without the area of supply, without that area-
Provisione astothe opening and up of streets, railways and tramways,
- (a) open and breali up the soil and pavement of any street, railway or tramway;
- (b) ope '
Electricity.
6 `1,`
(Part 11.-Supply `of` Energy.')
(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 remGve the same; and
(e) do all other acts necessary for the due supply -of energy.
(2) Nothing contained in sub-section (1) shall be deemed to authorize or empower a licensee, without the consent of the local authority or of the owner and occupier concerned, as the case may be, to lay down or place any electric suppl -line or other work in, through or against any buil ing, or on, over or under `X:` any land not dedicated to public use whereon, whereover or whereunder any electric supply-line or work has not already been lawfully laid down or placed by such licensee.
Provided that any support of an aerial line or any stay or strut required for the sole purpose of securing in position any support of an aerial line may be fixed on any building or land or, having been so fixed, may be altered, notwithstanding the objection of the owner or occupier of such building or land, if the District Magistrate or, in a Presidency-town or Rangoon, the Commissioner 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 >.upport, stay or strut has been fixed shows sufficient `1` cause, the District Magistrate or, in a Presidencytown or Rangoon, the Commissioner of Police may by order in writing direct any such support, stay 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 annual rent, or of both, which shoyld
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[ACT `IX`
Notioe of new
EZect~icz"t'y.:
of l3nergy.r)
rPar2 II.-Supply
should in his opinion be paid by the licensee to tIie .owner or occupier.
(-4) Every order mado by a District Magistrate or a Commissioner of Police under sub-section `(2)` shall be subject to revision by tho Local Government.
(5) Nothing contained in sub-section (I) shall be - 'deemed to authorize or empower any licensee to open or break up any street not repairable by the 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 tho person for the time being entitled to work the railway or tramway, unless vith the ,written consent of the Local Government :
Provided that the Local Government shall not' give any such consent as aforesaid, until the licensee has given notice by advertisement or otherwise as the Local Government may direct, and within such period as the Local Government may fix in this behalf, to the person above referred to, and until all representations or objections received in accordance with the notice have been considered by the Local Government.
Source: India Code