Repealed or not in force · As amended up to 2026-08
(3) 'W here the operator (being the licensee) lay Y any electric supply-line across, or so as to be liable to touch, any mains, pipes, lines or servioe-pipes or lines belonging to any duly authorized person or to any person supplying or using energy under this Act, he shall not, except with the consent of such petson and of the Local Government, lay his electric supply-lines so as to come into contact with any such mains, pipes, lines or service-pipes oy linea, oa, .except with the like consent, employ any such mailis, pipes, lines or service-pipes or lines as con duo tor^ fox the purpose of supplying energy.
(6) Where any difference or dispute arises under
this
'
this seotion, thematter shall be determined by prbitra\
- (d) after reinstating and making good the soil' or pavement, or the sewer, clrain or tunnel, broken or opened up, keep the same in good repair for'three months and for any further period, not exceeding' nine months, during which subsidence continues.
(4) Where the operator makes default in complying with any of the provisions of this section, he shall makeTul1 cotnpensation for any loss or damage incurred by reason thereof.
(2) Where the operator finds it necessary to undermine, but not to alter, the position of any pipe, electric supply-line or work, he shall temporarily support it in position during the execution of the work, and before completion shall provide a suitable and proper foundatio~ for it where so undermined.
15. (I) Where a licensee requires to dig or sink ;my trench for laying down any new electrio supply - lines (not being service-lines) or other works, near to which any sewer, drain, water-courde or work under the control of the Local Government or of any local authority, or any main, pipe, syphon, electric supplyline or other work belonging to any duly authorized person, has been lawfully placed, or where any duly authorized person requires to dig or sink any trench for laying down or constructing any new mains or pipes.(not being service-pipes) or other works, near to
which
.
(Part XI.-Sapptg of Etzerg.y €0 the Patilie.-Sectiore; `46.)` .
which any eleotxic supply-lines or porks of a licensee have been lawfully placed, the licensee or suoh dyly apthorized person, as the case may be (hereinafter in this seotion referred to as " the operator "), s h a , unless it is otherwise agreed upon between .the parties interested or in case of sudden emergency, give to the Looal Go,vernment or local authority, or to such duly authorized person,' or to the lTcenseg as the case may be (hereinafter in this section referred to as the owner "), $not lass than fortyreight hours' notice in writing before oommen'iting'to 'dig or sink the trgnch, and th'e owner shall*bave the right to be present during the execution of the work, which shall be executed to the reasonable zsatisfaction of the owner. .
(3) Where any tree, standing or lying near an aerial line, interrupts or interferes with, or is likely to interrupt or interfere with, the conveyance or transmission of energy, a Magistrate of the first olass may, on the application of the licensee, cnwse the tree to be removed or otherwise dealt with as he thinks fit.
(4) When disposing of an application under sub- _
section (3), the Magistrate shall, in the case of any tree in existence before the placing of the aerial line, award to the person interested in the tree such compensation as he thinks reasonable, and such person may recover the same from the licensee.
(2) Where any person fails to comply with any of the provisions of sub-s'otion ( I ) , the person having the control or management of the street, railway, tramway, sewer, drain or tunnel in respect of which. the default has occurred, may cause to be executed the work which the defaulter has delayed or omitted to
i, &I I I i I I
(Port I I . - s ~ ~ ~ z ~ Gf Eaerqy to the PuUic.-Seotioris 17-18,)
(3) Where any difference or dispute arises as .to the amount of the expenses inourred under sub-section (2), the matter shall be determined by arbitration.
17. (I) Nothing in this Part shall be deemed to &riallines. authorize or empower a licensee to place any aerial line along or across any street unless and until the Local Government, after consulting the local authority, has communicated to him a general approval in writing of the methods of oonstruction which he proposes to adopt :
Provided that the communication of such approval shall in no way relieve the licensee of his obligations with-respect to any other consent required by or under this Act.
(2) Where any aerial line has been placed or maintained by a licensee in breach of the provisions of sub-section ( I ) , the Looal Government may require the lioensee forthwith to remove the same, or may cause the same to be removed and recover from the licensee the expenses incurred in such removal.
Source: India Code