Section 6. Where the - Local Government revokes the

Laying of eleotrio supply-lines or other works near sewers, pipes or other electrio supplylines or works. furnish such security and serve upon the owner a notification in writing inti' mating the time when the alteration is required to be commenced, and the manner in which it is required to be made ; and thereupon the owner may proceed to execute the alteration as required by the operator. (g) Where the owner declines to comply, or does not, within the time and in the manner, prescribed by a notification served upon him under clauee (f ), comply with the notification, the operator may himself exeoute the alteration. (h) All expenses properly incurred by the owner in complying w-ith a notification served upon him by the operator under olause (f) may be recovered by him from the operator. `(i)` Where the operator makes default in complying with any of these provisions, he shall make full compensation for any loss or damage inourred by reason thereof, and, where any difference or dispute arises as to the amount of such compensation, the matter shall be determined by arbitration. Lioeneee not 9. ( I ) The licensee shall not, at any time without to purohasos the previous consent in writing of the Local Govern- or associate himself with, ment, acquire, by purchase or otherwise, the under- 0the1, taking of, or associate himself with, any person sup- licensed under,aki rigs plying, or intending to supply, energy under any `or` transfer other license, and, before applying for suoh consent, his 'lnder- the licensee shall give not less than one month's notice taking. of the applioation to every local authority, both in the licensee's area of eupply, and also in the area or district in which sucb other person supplies, or intends to supply, energy. - , , (2):.The licensee shall not at any time transfer his undertt-iking, or any part thereof, by sale, mortgage, lease, exchange or "otherwise without the previous (d) repair, alter or remove the same ; and . (e) do all other acts necessary for the due supply of energy within the area of,supply. PART IV. GENEBAS. 32. (1) The Governor General in C'ou,noil may, for the whole or any part of British India, and each Local Government, with the previous sanction of the Governor General in Counoil, may, for the whole or .any part of the Province, by notification in the Gazette of India or the local official Gazette, as the case may be, constitute an Advisory Board. (2) Every srkh Board shall consist of-. (a) a Chairman and two other members, or, where the Board is to oonsist of only three members, one other member nominated by the Governor General in Counoil or the Local Government, as the case may be, and `(6)` two members, or, where the Board is to consist of only three members, one member nomiaarted by such looal authorities, Chambers of Commerce or other Associations as the Governor General in Council or the Local Government, as the case may be, may by rule prescribe. (3) The Governor Qeneral in Council or theLocal Government, as the case may be, may give directions as to the payment of travelling expenses incurred by any member of an Advisory Board in the pmformanoe of his duty as such member. 33. (1) `The` - ..-Ti `6` :, i. (e) p*ovide for the s~cueng of a iegul&i co&taht . . I and suffi.cient supplg- 'of energy by licensees . . .to. consrimers and forrthe- :testingcat. ~&rious . parts of the system of. .the ..regularity and sufficiency of suoh supplr, .and for the examination of therecords of such tests by consumers ; - :,. - . . - ' . . . I - .. ' - ... - (f) provide for the. protection of persons and property froni injury by reason of contact with, or the proximity of, ,or,by.reason of the defective or dangerous condition of; any - . appliance or apparatus.used in the generation, supply or use of energy; (g) for tbe purposes of any electrio tramway,.~egu late the employment of insulated returns, or of uninsulated metallio returns of low resistance, in order to preverlt fusion or injurious electrolytic action of or on gas or water - water pipes, or other metallic pipes, stmc* tures or substances, and. to minimise, as far, as is reasonably practicable, injurious interference with the elecjric wires, supplylines and apparatus . of parties other than the o,wqers of the tramway, ox with the currents therein, mhstber the earth - ~ . . . is used as . `.a` return' or not ~; and: f?r.:tLe: like purposes apply or sdapt>an& . .of . $he " . p,rov.isions . . . .. ,of Part I1 ; ' ... . . . , . , . . . , . (e) where the licensee, not being a local authority, shows, to the satisfaction of the Local Government, at any time after the commencement of his license, that his undertaking cannot be carried on with profit and ought to be abandoned ; (f) where the licensee supplies energy by means of some system not approved `by` the Local Government ; (9) in (g) in Qny other case, with the copsent of the licensee and, if the licensee is not a local auth~rity, with. that of .the local guthority (if any) concerned, and upon 8u0h terms and conditions as it t,hinks just : Provided that the Local - Government shall not of the revocation upon the licensee and upon any looal authority ooncerned, .and shall in the notice fix a date on which tht: revocation shall take effect, and on and with effect from that date all the powers and' liabilities of the lioensee under this Act shall absolutely cease and determine. (b) W.ithin one month after the service of such notice as aforesaid any local authority concerned may, if the Local Government has intimatedto the local authority that it is at liberty so to do, by notice in writing, require the licensee to sell, and thereupon tbe licensee shall sell, to the local authority the under-taking or such part thereof as is carried on within the area for . 7 `9` `of` Efiergy to the Publl~.--Sec-~ (Part 1.7.-ISzrpply tiova `6.)` which it is constituted, on payment of the value of all lands, buildings, works, materials and plant of the licensee suitable to, and nsed by him for, the purpose of the undertaking or such part thereof as aforesaid, such value to be, in case of difference or dispute, determined by arbitration : Provided that the value of such lands, buildings, works, materials and plant shall be deemed to be their fair market-value at the time of purchase, due regard being had to the nature and condition for the time being of such lands, buildings, works, materials and plant, and to the state of repair thereof, and to the circumstanoe that they are in such a position as to be ready for immediate working, and to the suitability of the same for the purposes of the undertaking, and, where a part only of the undertaking is purohased, to any loss occasioned by severance, but without any addition in respect of compulsory purchase or of good will or of any profits which may be or might ham been made from the undertaking, or of any similar oonsiderations. (c) Where no purchase has been effected by a local authority under olause (b), and any other person is willing to purchase the T undertaking or such part of it as aforesaid, the Local Government may, if it thinks fit, with the consent of the licensee, or without the consent of the licensee in case the price is not less than that for which the local authority might have purchased the same, require the licensee to sell, and thereupon the licensee shall sell, to such other person the undertaking or such part thereof as T (d) Where fixed in the notice issued under clause (a), the purchaser may, with the previous sanction of the Local Government, work the undertaking or such part thereof - pending - the completion of the sale. 6. Where the - Local Government revokes the Provisions . ' license of a local authority as to the whole or any :'f:tay part of the area of supply, it may forthwith cause the authority i works of the licensee to be"removed and the street to revoked- be reinstated, and recover the cost of suoh removal and reinstatement from the licensee. further operation. (3) Where, in exercise of the. option conferred by sub-section ( I ) , a local authority has elected to purchase the portion of the undertaking which is within the area for which it i s constituted, the Local Government shall have the like option .upon the like terms and conditions in respect to any portion of the undertaking which is without such area. (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 oase may be, .to lay down or place any electric supply-line or other work in, through or against any building, or on, over or under any land not dedicated to public use whereon, whereover or whereunder any electric supply-line or work . has not already been. law£ ully laid down or placed by such licensee : (4) Nothing contained in sub-section (1) shafl be deemed to authorize or empower any licensee to open or break up any street. not repairable by a local authority, or any railway or tramway, without the of the person by whom the same is repairable, unless with the written conaent of the Local Government : Provided #that the Local Government shall not - . . . (a) Not less than one month before comrnenoing the execution of the works (not being, a house-service or the repair, renewal or amendment of existing works of which the character or position is not t o be altered), the licensee shall serve upon the person or authority responsible for the repair of the street or part of a street (hereinafter in this section referred to as s'.the repairing authority ") or upon theperson or authority for . the time being , entitledto work the railway, . tramway, oanal or waterway (hereinafter in this, seotion referred t o : as the owner "), as the case may be, a notice in writing describing the proposed 'works, together. with a detailed plan 'thereof, on- a scale whicli aliall not b e smaller than time give suoh further informabion in relation thereto as may be desired. (b) If the repairing autho~ity intimates to the . licensee that it didappmves of suah borks or plan, or approves thereof subject to amendment, thev lickidsee riiay, .within one week .of receiving such int'im~tlon, appeal to the Local Govmnment, whose decision, after considering the reasons given by the repairing authority for its action, shall be final. . (B) If the repairing aithorit~ fails to give notice in writing of -its approval or disapproval , to the licensee within one month, it shall be deemed to have approved of the works and plan, , and the licensee, after giving . not lessthan forty-eight hours' notice in writing to the repairing authority, may proceed to carry out the works in accordanoe with the notice and plan served under clause (a), (cl) I'f the owner disapproves of such works or plan, or approves thereof subject to amendment, he may, within three weeks after the servioe of the notice under clause (a), serve a requisition upon, the licensee demanding that any question ih relation to the works, or to compensation, or to his obligations to others in respeot thereof, shall be determined by arbitration, and thereupon the matter shall, unless settled by agreement, be determined by arbitration. (e) Where no requisition has been served by the owner upon the lioensee under alause (d), the owner shall be deemed to have approvg of the works and plan, and in that case, or where after a requisi- tion ' tion for. arbitration the matter has been determ.ined by arbitration, the works may, upon payment or securing of compensation, be executed according to the notice and plan, subject to such modifications as may have been determined by arbitration or agreed upon between the parties. `(f)` Where the works to be executed consist of the repair, renewal or amendment of existing works of which the charaoter 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 fortyeight hours' notice in writing of his 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 possible, both by day and by night until completed. I (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, where 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 breakdown of an underground electrio supply-line, after giving notice in writing to the repairing authority or the owner, as the case may be, of his intention to do so, place an agrial line without oomplying with the provisions of sub-section (1) : Provided that such aerial line shall be used only until the defect in the underground electric supply - line can be,made good, and in no case for a period exceeding Alteration of pipeaor wires. 33 4 (Part 11.-Supply [AUT `in` ~ Z e c t r i ~ i t i . [AUT of h e r g y tu the ~;'blic.-S'eotiolz `14.)` exoeeding six weeks, and shall be removed as soon as may bd after suoh defect is removed. 14, (1) Any licensee may alter the position of any pipe (not forming, in a case where the licensee is not a looal authority, part of a looal authority's main sewer), or of any wire under or over any place which he is authorized to open or break up, if such pipe or wire is likely to interfere with the exeroise . of his powers under this Act ; and any person may alter the position of any electrio supply-lines or works of a licensee under or over any suoh place as aforesaid, if sucl~ electric supply-lines or works are likely to interfere with the lawful exercise of any powers vested in him. (2) In any such case as aforesaid the following provisions shall, i n the absence of an agreement to the contrary between the parties concerned, apply, namely :- (a) Not less than one month before oommencing any alteration, the licensee' or other per- `son` desiring to make the same (hereinafter in this section referred to as "the operator ") shall serve upon the person for the time being entitled `tr,` the pipe, wire, electrio supply-lines or works, as the case may be (hereinafter in this section referred to as 'c the owner "), a notioe in writiog, together with a plan, on a scale which shall not be smaller than eighty-eight feet to the inah, or such other scale as the Local Government may approve, describing the proposed alteration, and intimating the time when it is to be commenced, and shall subsequently give suoh further information in relation thereto as the owner may desire. (3) Within fourteen days af tor the service of the notice and plan upon the owner, the owner ' |(PartII.-fluppty<br>of-E ~ e r g yto,thePublic.-gee-|||| |---|---|---|---| |tion14.)|||| |may serve upon the operator a requisition|||| |to the effect tbat any question arising upon|||| |the notice or plan shall be settled by arbi-.|||| |tration, and thereupon the matter shall,|||| |unless settled by agreement,bedetermined|||| |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 any temporary or other works so as|||| |to avoid as far as possible interference|||| |therewith.|||| |_- ( d )_Where<br>no reqixisition<br>is<br>served<br>upon|||| |the operator under clause (b), or where|||| |sucharequisition has been served and the|||| |matter has been settled by agreement or|||| |determined by arbitration, the alteration|||| |may, upon payment or securing of any|||| |compensation accepted or determined by|||| |arbitration, be executed in accordance with<br>the notice and plan and subject to such|'||| |modifications as may have been determined|||| |by arbitration or agreed upon between the||-|| |parties.|||| |(e)The owner may, at any time before the|||| |operatorisentitled to oommence the|||| |alteration, serve upon the operator a state-|||| |ment in writing to the effect that he|||| |desires to exeoute the alteration himself|||| |and requires the operator to give such|||| |securityqfor the repayment of any expenses|||| |as may be agreed upon or, in defaultof|||| |agreement, settled by arbitration.|||| |(f)Where a statement is served upon the operator|Where a statement is served upon the operator||| |under clause(e),he shall, not less than|he shall, not less than||I| |forty-eight hours before the execution of|||| |the alteration is required tobeoommenced,|oommenced,||| |f urni~h||f urni~h||