Академический Документы
Профессиональный Документы
Культура Документы
CO N T E N TS.
P A R T I.
Preliminary.
S b o t i o n s I.
PAET II.
StJPPLT OP EN EU G T.
Licenses.
3. Grant o f licenses.
4. Kevocation or amendment of licenses,
5. Provisions where license o f licenaee, not being a local aiathority,
is revoked.
■6. Provisions where license o f local authority is revoked.
7. Parchase o f undertaking.
8 . Provisions where no purchase and license revoked with c o i ^ i i t
of licensee.
"9. Ijicensee not to purchase, or associate himself with, other licensed
undertakings or transfer his xmdertaking.
10. General power for Government to vary terms of purchase.
11. Annual accounts of licensee.
Works.
S b o t io u s .
16. Streets, railways, tram ways, sewers, drains or .tunnels broken
up to be reinstated witHout delay.
17. tSrotice to telegraph-authority.
IS. A>‘irial lines,
19, Oompensation for damage.
Supply.
PAET m .
S x ;i-p i,Y , T r a n s m i s s i o n a n d U s e o f B n h r g t by N o n -I iI O B n s b b s .
PAJRT r v .
G-b n b r a l .
P rotective Glauses.
31. Proteotion o f railways, and canals, docks, wharves and piers.
32. Protection of telegraphic, telephonic and electric lines.
33. N otice of accidents and inquiries.
34^ Prohibition of connection w ith earth, and pow er fo r Government
to m terfere in certain cases o f default.
1 9 1 0 ; A ct I X .3 E lectricity : 11
S b o t io k s .
Supplemenpiry.
TH E SCHEDULE.
•Pr o v i s i o n s t o b e d e e m e d t o b e in c o b p o r a t e d w it h , and to form part
Supply b y hulk-licensees.
Charges.
X . M ethods o f charging.
X I . M axim um charges.
'XIA!. M inim um charges.
^ n . Charge for supply for public lamps.
Plans.
•XVI. Plan o f area o f svipply to be made and Tcept open for inspection.-
PART I.
PBBLIMINARy.
1. (7) Th's Act may be called the Indian Electricity Act, 1910. Short
ex te n t ana
(8) It extends to the whole of British India, inclusive of British
Baluchistan and the Santhal Parganas; and
(3) It shall come into force on such 2date as the Governor General
in Council may, by notification in the Gazette of India, direct in this
behalf.
X I I I o f 1883. 2. In this Act, expressions defined in the Indian Telegraph Act, D efinitions.
1885, have the meanings assigned to them in that Act, and, unless there
is anytliing repugnant irt the subject or context,—
(a) “ aerial line ” means any electric supply line which is placed
above ground and in the open air :
(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 whose premises are for the time being connected
for the purposes of a supply of energy with the works of a
licensee :
(d) “ daily fine ” means a fine for each day on which an offence
is continued after conviction therefor :
1 For Statement o f O bjects and Reasons, see Gazette o f India, 1909, P t. V , p. 87 •
fo r R eport o f Select Comlnittee, see H id, 1910, Pt. V , p. 3 9 ; and for Proceedings in
Council, see ibid, 1909, P t. V I , p. 152, and ibid, 1910, P t. V I , pp. 12, 157 a n d ' ’ 275
dated Sth February, 1910, 19th M arch, 1910, and 9th April, 1910, respectively
2 The A ct wasr "brought into force on the 1st January, 1911, see Genl. B. & 0 .
V olI. IV , p. 1. ■
3^4 Electricity. [1910: Act IX .
PAET II.
S tj p p I iX of E nergy.
Licenses.
3. (i) The L ocal Government m ay, on. application made in the
prescribed form and on payment of the prescribed fee (if any), grant
to any person a license to supply energy in any specified area, and also
to lay down or place electric supply-lines for the conveyance and trans
mission o f energy,—
(a) where the energy to be supplied is to be generated outside sucli
area, from a generating station situated outside such area to
the boundary o f 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,
(5) In respect of every such license and the grant thereof the follow
in g provisions shall,have effect, n a m ely :—
(o') any person applying for a license under this Part shall publish
a notice o f his application in the prescribed manner and
■with the prescribed particulars, and 1:he license diall not
be granted—
(i) until all objectiona received b y the L oca l Government
with reference thereto have been considered b y i t :
Provided that no ob]’ecticn shall be so considered
unless it is received before the expiration o f three
months from the date o f the first publication of such
notice as aforesaid; and
(ii) until, in the case o f an application for a license for an
area including the whole or any part o f any eanton.-
m ent, .fortress, arsenal, dockyard or .camp pr of . any
building or place in the occupation of the Government
for naval br^ military ,purposes, the L oca l Government
hag ascertained that there is no objection to the grant
of, the license on the part o f the ^[Engineer-in-Qhief,
Army H ead Quarters, India-]
(c) jio application for a license under this Part shall be made b y
any local authority except in pursuance of a resolution passed
at a meeting of such authority held after one m onth’ s pre
vious notice o f the same and of the purpose thereof has been
given in the manner in which notices of m eetings o f such
local authority are usually given ;
4. (I] The Ijocal Government ma3^ if in its opinion the public Revoeatioa
'i^ifceresteo requires, revoke a liceiisc in any of the following cases, ment of '
^ a a m e l y ‘
(a) where the licensee, in the oj>inioa of the Local Government,
makes wilful and unreasonably prolonged default iu doing
anything required of him bj^^ or iinder this A c t ;
(b) \'/here the licensee breaks any of the terms or conditions of Ms
license the breach of which is expressly declared by each
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 which, the Local Govern
ment may substitute therefor by order under sub-section (5),
clause (b), and before exercising any of the powers conferred
on him thereby in relation to the execution of works,—
(i) to show, to the satisfaction of the Local Government,
that he is in a position fully and efdciently to discharge
the duties and obligations imposed on him by bis
license, or
(ii) to make the deposit or furnish the security required ,by
his license;
(f?) where the licensee is, in the opinion of the Local Gbvernment,
unable, by reason of his insolvency, fully and efBci-pntly to
discharge the duties and obligations imposed on him by his
license.
(5^ W here the Local Government might, imdei sub-section (I), re
voke a license, ,it may,, instead o f revolciiig the liceiise, permit it, to
remain in 'force subject to such furthei; ternxs ahd conditions as-it thinl^
M to impose, and any further terms or conditions so. imposed sHall be
binding, upon, and be observed b y, the licensee, and shall be of like
■
‘force and effect as if they were contained-in the hQehse.
l : 6»ab-seotiott (S) "was oniitted by s. 2 and 80B, I o£ the D^volutiiin. A ct, 1600 /38
«rH02O),
VOL* V . ©
|g Electricity. [1910: Act DC»
(3) W here iu its opinion the public interest so permits, the Local'
Governinent may, on the application or with the consent of the licensee,,
and, if the licensee is not a local authority, after consnliing the local
authority (if any) concerned,—
(a) revoke a license as to the "whole or any part of the area of supply
upon such terms <ind couditions as it thinks fit, or
nature and condition for the time being of auch lands, btiild-
iags, works, materials and plant, and to the state of repair
thereof, and to the circumstance that they are in such a posi
tion as to be ready for immediate workhig, and to the suit-
abilit}' of the saifit' for the purposes of the undertaking, but
without any addition in respect of compulsory pux’chase or
of goodwill or of aiiy profits which may bo or might have
been made from l !ie nndertakiug, or of any similar confedera
tions ;
(c) where no purchase has been effected hy the local authority under
clause (b), and any other person is willing to purchase the
undertaking, the Local Govenuneiit may, if it thinks fit, with,
the consent of the licensee, or without the consent o f the
licensee in case the j)rice 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, the
undertaking to such other person;
(e) where a purchase has been eff^ected under any o f the preceding
clauses,—
(g) if the licensee has been required to sell the undertaking, and if
the sale has not been completed by the date fixed in the
notice issued under clause («), the purchaaot may, with the
previous sanction of the Local Government, work the under
taking pending the completion of the sale.
.
6 (1) Where the Local Government revokes the license of a local
oenaa of authority under section 4, sub-section (i), and any person is willing to
Luthority is purchase the undertaking, the. Local Government may, if it thinka fit,
povoted. require, the local authority to sell, and ihereupon the locSll authority, shall
sell, the undertaking to such pkson on such term^ as the Lbcal Qoy-
ernment thinks just.
(5) 'Where no purchase has been effected Tmdex sub-section (1), the
licensee shall have the option of disposing o f all landp, buildings, works.
1910: Act IX.] Electricity. gl
Provided that, if the licensee does not exercise such option within
a period o f sis months from the date on which the same became exer-
cifieable, the Local Government may forthwith cause the works of the
licensee in, under, over, along or across any street to be removed and
every such street to be reinstated, and recover the cost o f such removal
and reinstatement from the licensee.
7. (I) W here a license has been gi-anted to any person not being Purehaae o*
a local authority, and the whole of the area of supply is included in the
area for which a single local authority is constituted, the local authority
shall, oti the expiration of such period, not exceeding fifty years, and
of every t?uch subsequent period, not exceeding twenty years, as shall
be specified in this behalf in the license, have the option of purchasing
the undertaking, and, if the local authority, with the previous sanction
of the Local Government, elects to purchase, the licensee sliall sell the
undertaking to the local authority on payment of the value of all lands,
buildings, works, materials and plant of the licensee suitable to, and
used by him for, the purposes of the undertaking, other than a generat
ing station declared by the license not to form part of the undertaking
for the purpose of purchase, such value to be, in case of difference or
dispute, determined b y arbitration ;
Provided' also that there shaU “bje added io such .value as afbresaad
6iieh percentage, if, any, not tjxoaeding twenty per centuin on that
as laay be specified in the license, on account of copipulspry purchase.
(8) VVherer-'
(a) the local authority does not elect to., pwoh^se under eu)»;,
lection (i), or
2a EleciriciUj. [1910: Act IX.
(P a rt I T .— S irp p ly o f E n te rg y )
(b) she whole of the area of supply is not huiluded in the area for
which a single local authority is constituted, or
(o) a licensee supplies energy from the same generating station to
two ur more areas o f supply, ea<5h controlled by its own local
authority, and has been granted a liccnse in respect of each'
area of supply,
the Local Government shall have the like option upon the like terms
.and conditions.
(3) Where a purchase has been effected under sub-section (1) or
jsub-sectlon {S),—
(ffl) the undertaking shall vest in the purchasers free from any debts,
mortgages or similar obligations o f the licensee or attaching
to the undertaking:
Provided that any such debts, mortgages or similar obli
gations shall attach to the purchaee-money in substitxition
for the undertaking; and
ih/ nave as aforesaid, the license shall remain .in £\ill force, and the
purchaser shall be deemed to be the licensee ;
Provided that where the Local Govermnent elects to pur
chase under sub-section ( 2 ) , the license shall, after purchase,
in so far as the Local Government is concerned,, cease to have
any further operation.
(4) Not less than two years’ notice in writing of any election to
purchastJ under this section shall be served upon the licensee by the local
authority or the Local Government, as the case may be.
(5) Kotwithstanding anything hereinbefore contained, a local
authority may, M'ith the previous sanction of the Local Government,
waive its option to purchase and enter into an agreement with the
licensee for the working by him of the undertaking until the expiration
o f the next subsequent period referred to in sub-sec,tion (l), upon such'
terms aJid conditions as may be stated in such agreement,
8. Where,' on the expiration of any of the periods referred, t
purohflBe sectiloK -7, sub-section (T), neither a local authority ^lor ,the'lyocal 'Gov-
ernment purchases the undertaking, and the license is, on the application
or with the consent of the licensee, revoked, the licensee shall have the
option of disposing of all lands, buildings, works, materiaVe and plant
belonging to the undertaking in such manner as he may think f i t : -
1 9 1 0 ; Act I X .] Electricity. 33
Provided that, if the licensee does not exercise such option within
a period of six months, the Local Governmbiit may proceed to take
action as provided in section 5, clause (/), proviso.
9. ( 0 The licensee shall not, at any time without the previous con- L icen see n o t
sent in writing ot the Local Government, acquire, by purchase or other- ora*3^ ° c ia t e '
wise, the license or the undertaking of, or associate himself so far as
ihe business oi supptying energy is concerned with, any person supply- licen sed
undertakings
ing, or intending to supply, energy under any other license, and, before o r transfer
■applying for such consent, the licensee shall give not less than one t^kings!^"
month’ s notice of the application to every local authority, both in the
licensee’s area of supply, and also in the area or district in which such
•other person supplies, or intends to supply, energy :
Provided that nothing in this sub-section shall be construed to re-
tjuire the consent of the Local (rovernment 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 time assign his license or transfer
his undertaking, or any part thereof, by sale, mortgage, lease, exchange
or otherwise without the previous consent in writing of the Local
Government.
(3) Any agreement relating to any transaction of the nature des
cribed in sub-section (1) or sub-section (2), unless made with, or subject
to, such consent as aforesaid, shall be void.
(a) vary the terms and conditions upon which, and the periods
the expiration of which, the licensee sliall be bound to sell
his undertaking, or
:(h) direct that, subject to such conditions and restrictions (if any)
as it may think fit to impose, the provisions of the said
sections or anj^ of them shall not apply.
11. (1 ) Every licensee shall, unless expressly exempted from the A n nu al
liability by his license, or b;y order in writing of the Local Government, licen see.
1 The w ofds “ with the previous sanction o f the G overnor General in Council” were
om itted by s. 2 and Reh. I o f tiie Dtvoivitioii A ct, 1920 (38 o f 1920).
3^ Electridty, 1.1S10; Act IX..
JV ork s.
l>roviaions 12. (7) Any licensee may, from time to lime but subject always to-
opening'and the terms and conditions of his license, within the area of supply, o r
flf when permitted by the terms o f his license to lay down or place electric-
trim^vaya"** supply-Iiues without the area, o f supply, without that area—
(a) open and break up the soil and pavement of any street, railway
or tramway;
(b) open and break up any gewer, drain or tunnel in or under any
street, railway or tramway;
(c) lay down and place electric supply-Unea and other works;
{d) lepair, alter or remove the same; and
(e) do all other acts necessary for the due supply of energy.
(5) JSTothiug contained in sub-section (I) shall be deemed to authorise-
or empower a licensee, without the consent of the local authority or o f
Ihe owner and occupier concerned, as the case 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 akeady been lawfully laid down or placed by such licensee ;
Provided that any support of an aerial line or any stay or strut re- ’
quired for the sole purpose of securing in position apy. support, of an!
aerial line be fixed on any building or land orj haying been so-
fixed. may be altered, notwithstanding the objection of the owner o r
occupier <sf such buildiug or land, if the District Magistrate or, in a
Presidency-town or Eangoon, the Oomiisiis&ioner of Police by order im
writing so directs:
1910: Aet I X .] Electricity.
13. (J) Where the exercise of any of the powers of a licensee in Notice of
relation to the execution of any works involves the placing of any works
in, under, over, along or across any street, part of a street, railway,
tramway, canal or waterway, the following provisions shall have effect,
namely :—
(a) not less than one month before commencing the execution of
the works (not being a service line immediately attached, or
intended to be immediately attached, to a distributing main,
or the repair, renew’al or amendment of existing works of
<jg El&etricity. [1910: A.ct IX.
, id) if the owner disapproves of such works, section or, plan, oi’
approves thereof Rubject to amendment, he m a y ,' within
three weeks after the service of the notice under clause {a),
serve a requisition upon the licensee demanding that any
(jiiestio'n in I’elation to the works or to compensation,'.or to
the obligations o f the owner to others in respect thereof, shall
1 9 1 0 : A ct IX . ] E le G tricity . 37
t#; where no requisition has been served b y the civner upon the
licensee under clause (d), within the time namedj the owner
shall be deemed to have approved o£ the -works, section smd
plan, and in that ease, or where after a requisition for
arbitration the matter has been determined ’ by arbitration,
the ATorks may, upon pajm ent or securing of compensation,
be executed according to the notice and the section and plan,
subject to such modifications as may have been determined
by arbitration or agreed upon between the parties;
(2) Where the liceusee makes default in complying with any of these
pro'nsiona, he shall make full compensation for any loss or damage to-*
cuned by reason, thereof, and, whsire any difference or disputeurisas as.
to the amount of such compensation',' the matter'sha.ll-be de'ferniiried- .by
arbitration.
{Part I l .S u p p h j of Energy.)
the owner, as the case may be, of liis intention to do so, place an aerial
line ^vitliout complying vrith the provisions of siTb-seetion (1) :
Provided that such aerial line shall be used only until the defect in
the underground electric snpply-line can be made good, and in no case-
(unless with the written consent of the Local Government) for a period
exceeding six weeks, and shall be removed as soon as may be after sneh
defect is removecl.
Alteration 14. (21 Any licensee may alter the position of any pipe (not forming,
in a case -n'here tlie licensee ia not a local authority, part of a local
authority’ s main sewer), or of any wire under or over any place which’
1j8 is aiithorisefl to open or break up, if such pipe or -wire is likely to-
interfere with the exercise of his |X)wers under this A c t ; and any person
may alter the position of any clectric svipply-lines or works of a licensee
under or over any such place as aforesaid, if such electric supply-lines
or -works are hliely to interfei'e with the lawful exercise of any powers
vested in him.
(a) not less than one month before commencing any alteration, tHe-
licensee or other person desiring to make the same (hereinafter
in this section referred to as ” the operator ” ) shall serve
upon the person for the time being entitled to the pipe, wire,
electric supply-lines or works as the case may be (hereinafter-
in this section referred to as " the owner ” ), a notice iifc
writing, describing the proposed alteration, together with a
section and plan thereof on a scale sufficiently large to sho-w
clearly the details of the proposed works, and not iu any
ease smaller than one inch to eight feet vertically and eixteen.
inches to the mile horizontally, and intimating the time -wheit
it is to be commenced, and shall subsequehtly, give' such fwri.-
ther information in relation thereto as the owner may desire
(b) within fourteen days after the service of the notice, sectioia a-nd
plan upon the owi\er, the owner may serve upon the operator
a requisition to the effect that any question arising upon the-
1 91 0 : Act I X .j Electricity. 29
i,e) the owner may, at any time before the operator is entitled to
commence the alteration, serveupon the operator a state
ment in writing to the effect that he desires to execute the
alteration himself and requires the operator to give such
security for the repaytnent of any expenses as may be agreed
upon or, in default of agreement, determined by arbitration;
</) where a statement is served upon the operator under clause (e),
he shall, not less than forty-eight hours before the execution
of the alteration is required to be commenced, furnish such
security and serve upon the owner a notice in writing inti
mating the time when the alteration is required to be com
menced, and the manner in which it is required to be made;
and thereupon the owner may proceed to execute the allteration
as required by the operator;
iij) where the owner declines to comply, or does not, within the
lime and in the manner prescribed by a notice served upon
him under clause ( / ) , 'comply with the notice, the operator
may himself execute the alteration;
30 Electricity. [1910: Act DC.
(3) ■\Vhei-e’ the licensee or other person desiring to make the altera
tion makes defanlt in complying with any of^^theae provisions, he shall
make full coinpenfiixfcion for any loss or damage incm'red by reason thereof^
and, whore any difference or dispute arises as to the amount of su<di
compenpaLioli, the matter shall he determined by arbitration.
(b) sny duly authorised person requires to dig or sink any ttendH
for laying down or constructing any new pipes or other works,
near to which any electric supply-lines or works of a licensed
have been■lawfully placed,
the Jicenpee or stach duly authorised person, as the case may be (herein
after in this section referred to as “ the operator ” ), shall, unless it is
otherwise agreed upon between the parties interested or iti case of sudden
emergency, give to the Local Groverument or local authority, or to suoK
duly authorised person or to the licensee, as the case may be (herein
after in this section referred to as “ the owner ” ), not less than forty-
eight i'ours’ notice-in writing before commencing to dig or ainTr the
trench, and the owner shall have the right to be present during the
execution of the work, which shall be executed to the reasorialjle satisfac
tion of the owner.
(3) Where the operator (being the hceusee) laj's any electric supply-
line across, or so as to be liable to touch, any pipes, lines or service-
pipes or service-lines belonging to any duly authorised, person or to any
person applying, transmitting or using energy under this Act, he shall
not, except with the written consent of such person and in accordance
with section 34, sub-section (I), lay his electric supply-lines so as to
come into contact with any Kuch pipes, lines or service-pipes or service
lines.
(4) Where the operator makes defanlt in complying with any of the
provisions of this section, he shall make full compensation for any loss
or damage incurred by reason thereof.
(5) V/here any difference or dispute arises under this section, the
'matter shall be determined by arbitration.
(6) Where the licensee is a local authority, the references in this
section to the local authority and to sewers, drains, water-courses or
^orks under its control shall not apply.
16. (.7) Where any person, in exercise of any of the powers conferred Streets,
by or under this Act, opens or breaks up the soil or pavement of any tr^'waye,
>-lTeet, railway or tramway, or any sewer, drain or tunnel, he shall—
(a) immediately cause the part opened or broken up to be fenced b ^ e n u p to
and ffoarded : be reinstated
without
(b) before sunset cause a light or lights, sufficient for the warning
of passengers, to be set up and maintained until sunrise
against or near the part opened or broken u p ;
(c) with all reasonable speed fill in the ground and reinstate and
make good the soil or pavement, or the sewer, drain or tunnel,
opened or broken up, and carry away the rubbish occasioned
by such opening or breaking up; and
(d) after reinstating and making good the soil or pavement, or the
sewer, drain 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.
(3) Where any person fails to comply with any of the provisions of
Bub-sectioli (1), the person having the control or management of the
•treet, railway, tramway, sewer, drain or tunnel in respect of which the
8a EleatriGity. [3,^10: Act IX.
'{ParL I I .— Supply o f Energy.)
default has occurred, may cause to be executed the work which the
defaulter has delayed or omitted to execute, and may recover from liiro
the expenses mcurred m such execution.
(3) Where any difference or dispute arises as to the amount o f the
expenses incurred under sub-section (S), the matter shall be determined
by a.rbitriitiovi..
18. (]) Save as provided in section 13, snb-section (3), nothing in Aeriaiimee^
this Part shall be deemed to authorise or empower a licensee to place
any afkial line along or across any street, railway, tramway, canal or
walerway unless and until the L ocal Government has communicated
to him a general approval in writing of the methods of construction which
he propoees to a dopt:
Provided that the coramnnication of snch approval shall in no way
relieve the licensee of hia ohligations with respect to any other consent
required by or under thia Act.
(S) "Where any aerial liiae has been placed or maintained by a licensee
in breach of the provisions of sub-section (J), the Local Government
may require the licensee forthwith to remove the same, or may cause
;the same to be removed, and recover from the licensee the expenses
incurred in such removal.
1[(3) W here any tree standing or lying near an aerial line, or where
any structure or other object which has been placed or has fallen near
an .aerial line subsequently to the placing o f such hne, interrnpts or
interferes with, or is likely to interrupt or interfere with, the convey
ance or transmission of energy or the accessibility o f any works, a
Magistrate of the first class or, in a Presidency-town or Eangoon, the
CQmmissioner of Police, may, on the application of the licensee, cause
the tree, structure or object to be removed or otherwise dealt with as
he fit-]
(4) W hen disposing of Sin application under sub-section (3), the
Magistrate or ComiiuBsioner of Police, as the case may be, 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 cbmpeiisation as he thinks
reasonable, and such person may recover the same from the licensee.
Supply,
P oin t where S’or the purposes of this Act, the point at which the supply
1 [1 9 A .
deHv^d by a licensee to a consumei' shall be deemed to commence shall
be determined in such manner as may be prescribed.]
21. (1) A licensee shall not be entitled to prescribe any special form R«trictions
o f appliance for utilising energy supplied by him, or, save as provided by oontroiKng
section 23, sub-section (2), or by section 26, sub-section (?), in any
to control or interfere with the use of such energy : energy.
O bligation 22. Where energy is supplied by a licensee, every person within the-
o n licensee
to supply area of supply shall, except in so far as is otherwiso provided b y the
energy.
terms and conditions o f the license, be entitled, on application, to »
supply on the same terms as tlioi?e on which any other person in the
same area is entitled in similar circnmstanccs to a corresponding supply :
Charges for 23. (J) K licensee shall not, in making any agreement for the supply
energy to
be made of energy, show undue preference to any person, but may, save as
due^prt^OT” ’ aforesaid, make such charges for the supply o f energy as may be agreed
cBoe. upon, not exceeding the limits imposed by his license.
■Provided that the licensee shall not be at liberty to take off or remove
any such meter if any difference or dispute of the nature described in
s.ub-sectiou (6) has arisen until the matter has been determined as
therein provided
Provided that the rneter, indicator or' apparatus shall not, in the
absence of an agreement to the contrsiry, be pl^iiced otherwise than
between the distributing mains of the licensee and any meter referred
to in sub-section (2) ;
Provided, also, that, where the charges for the , supply of energy
depend wholly or partly npon the reading or indication o f any, such
meter, indicator or apparatxis as aforesaid, the licensee in the
aosence of an agreement to the contrary, keep tije meter, indicator or
1 The -words " o n the basis o f the previous anpply” were, om itted b y a. 11 o f th*
Indifwi E lectricity (Amendinent) A ct, JSB2 (1 o f 1 0 ^ .
SThia proviso was added by
40 Electricity. [1910: Act 1X>
apparatus' correct; and the provisiona of eub-sections (.4), (5) and (&) shall
in that case apply as thou|^h the meter, indicator or apparatus were a
jmeter referred to in sub-section (1).
PART in.
Supply, T b a n s m is s io n a n d U se of E ira a G y by N o n -l i c b n s b b s .
28. (1) N o person, other than a licensee, shall engage iu the busineas Sanoiioa
o£ supplying energy except with the previous sanction of the Locarl
Govermi'ient and in accordance with such conditions as the Local Gk>v-
ernment may fix in this behalf, and any agreement to the contrary shall
be v o id :
« « «
Provided 2* that such sanction shall not be given within the area
for which a local authority is constituted, without that local authority’ s
consent, or within the area o f supply of any licensee, without that
licensee’'} consent, unless the Local Government considers that consent
hac. been unreasonably withheld.
29. (I) The local authority may, by order in writing, confer MidPowecfpr
impose upon any person, who has obtained the sanction of the Lopal licen ^ ,
Government under section 28 to engage in the business of flupplyiB^.
enetgy, all or any of the powers and liabilities of a licensee under seo-
itions 12 to 19, both inclusive, and the provisions o f the said sections
shall thereupon apply as if such person were a Hcensee under Pait II.
i2) A local authority, not being a licensee, shall, for the purpose of
lighting, any street, have the powers and be subject to the liabUitiea
respiectively conferted and imposed b y seotions 12 to 1^, both ineluave,
so far au appHcable, as if it .were a licensed under Part II.
(3) In cases other 'than, thos© for which pro^sioB is made by Bubr
section (1), the person respohaible for tB.6 repaw of any $treet may,
by order in writing, confer and iBa]|6ose upon aaiy liel’sdh Wh6 ^^dpbs'giB
to transmit energy in such'sfa'eet all ot any of the powers ^ d HaibilitieB
im owiittaa hy «. 13 oJ the Electriraty (Ammdmeai) Act,
jlioation ^[29A. The provisions of sub-sections (3) and (4) of section 18 and of
the Explanation thereto shall apply in the case of any aerial line placed
mtet»ined administration as deiBned in section 8 of the Indian
bytail-srayBi Eailways Act, 1890, as if references therein to the Ucensee were refer- iX of ia»o,
ences to the railway administration.]
Contaoi of 30. (2) No person, other than a licenaee duly authorised under the
and use of terms of his license, shall transmit or use energy at a rate exceeding
two hundred and fifty watte,-—
2 These flgurea .ware substituted for the figures *‘1881” by's. 14 of the Indian Eleo-
tiiBity (Amendment) Act, 1923 (1 of 1922). '
S See now the Indian Mines Act, 1923 (4 of 1923).
1910: Act IX.] Electricity, 43
PAET IV.
G bjseeal .
Proteetwe Glauses.
81. No person shall, in the generation, transmission, supply or use Protectiou
of energy, in anyway injure'any railway, trainway,; caiaal o r'w a t^ a ^ andeanaia,
or aay dock,’ wharf or pier vested in or controlled by a local authority,
OT obsrtniol or interfere with the traffic on any railway, tramway, canal and,piers,
or water-way.
(Part IV .— General.)
33. If (I) I f any accident occurs in connection with thb generation, N otice of
,. . , a coid on t»
tiansniission, supply or use of energy in, or m connection witn, any and
part of the electric supply-lines or other works of any person, and the
accident results or is likely to have resulted in loss of life or personal
injury, such person shall give notice of the occurrence, and of any loss
of life or personal injury actually occasioned by the accident, in such
form and within such-time and to such authorities as the Local Govern-
naent may, by general or special order, direct.]
(2) The Local Government may, if it thinks fit, require any Electric
Inspector, or any other competent 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, supply or use of energy, or
(b) as to the manner in, and extent to, w’hich the provisions of this
Act or of any license or rules thereunder, so far as those
provisions affect the safety of any person, have been complied
with.
34. (1 ) No person shall, in the generation, transmission, supply or P roh ib ition
use of energy, permit any part of* his electric supply-lines to be con- tion w ith
nect«d with earth except so far as may be prescribed in this behalfor powerfor*^
may be specially sanctioned by the 2[Local Government]. to^iS erfM *^
(Part IV .— General.)
the Local G-overnment may, by order in writing, specify the matter
complained of and require the o-smer or user of such electric supply-lines
or other worlta to remedy it in Buch manner as shall be specified in the
order, and may also in like manner forbid the use of any electric supply-
line or works until the order is complied with or for such time as is
specified in the order.
Administration and Rules.
A dvisory 85. (2) The Governor General in Council may, for the whole or
Boards.
any part of British India, and each Local Government 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 such Board shall consist of a chairman and not less than
two other members.
4(i) give directions as to the payment of fees to, and the travelling
expenses incurred by, any member of any such Board in
the performsjiice of his duty,
Appoint- 86, (1) The Governor General in Council may, by notification in
jnentof
Bleoteio the Gazette of India, appoint duly qualified persons to be Electric
InspectoiB.
' Inspectors, and every Electric Inspector so appointed shall exercise the
powers and perform the functions of an Electric Inspector under this
Act within such areas and subject to such restrictions as the Governor
General in Council may direct.
1 Origtaal sub-section (S) was omitted by s. 16 o f the Indian Electricity (Amend*
meat) Act, 1922 (1 of 1922).
8 Sub-section was re-immbered (3) b y ibid.
3 This clsUJse -was inserted b y Hid.
4 These clauses were re-lettewd b y ibid.
1910; Act IX.] Electricity. 47
(Part IV .— General.)
37. (I) The Governor General in Council may make rules^ for the Power for
whole or any part of British India, to regulate the generation, trans-
mission, supply and use of energy, and, generally, to carry out the
purposes and objects of this Act.
' 1 Tbese -worda ■were added by b, 17 of' the' Indian Eleoiricity (AmeBdment) Aot,
1922 (1 o f 1922).,
a Pop rujes s«e General Statutory Buies jMd Orderi, '7ol. I V , p; 1.
48 Electricity. [1 9 1 0 ; Act I X ,
{Part I V .— Oeneral.^
of the defective or dangerous condition of, any appliance or
apparatais used in the generation, trangniiasion, snppiy or
use of energy;
(g) for the purposes o f electric traction regulate the employment o f
insulated returns, or o f uninsulated metallic retuma of low
resistance, in order to prevent fusion or injurious electrolytic
action of or on metallic pipes, structures or substances, and
to minimise, as far as is reasonably practicable, injuiious-
interference with the electric wires, supply-lines and
apparatus o f parties other than the owners of the electric
traction system, or w ith the currents therein, whether the
earth is nsed as a retnm or not :
4(4) In maJring any rule under this Act, the Governor Goneval in
Council m av direct that every breach thereof shall be iiunishable with
■fine which may extend to three hundred rupees, aaxd, in the case of a
(Part I V — Oeneml)
continuing breach, with n, further daily fine wbich may estenil to fifty
rupees.
38. (1) The power to make rules luicler section 37 shall be subject ruitbar
ptovisi“
to the condition of the niles being made after previous publication. respeotJng
respeot
cQlea,
(3) The date to be specified in accordance with olause (3) of section
X of 1S07. 23 of the General Clauses Act, 1897, as that after wliich a draft of rules
proposed to be made under section 37 will be taken into consideration
sha-ll not be less than three monthfl from the dat-e on which the draft
of ihe proposed rules was published for general information.
(3) Any rule to be made under this Act shall, before it is published
for criticism under sub-fiection (2), be refei-red to the Advisory Board
(if any) constituted for the whole of British India, or, if no such Board
has been constituted, then to such Board or Boards (if any) as the
Governor General in Council may direct; and the rule shall not be so
published until such Board or Boards (if any) has or have reported as
•to the expediency of making the proposed rule and as to the suitability
of its provisions.
(i) All rules made under section 37 shall be published in the (jazette
of India, and, on such publication, shall have effect as if enacted in this
Act.
{Part IV .— General.)
(Part IV .— General.)
shall be pnuishable -with fine wliicli may extend to l[five hundred]
rupees, luid, in the ciise of a continuing offence, with a daily fine which
may extend to 2[fifty] rupees; and 3[if it is proved that any artificial
means exiata] for making such connection as is referred to in clause (a),
or such communication aa is referred to in clause (&), or for causing
such alteration or prevcntioi\ as is referred to in clause (c), or for facilitat
ing such improper use as is referred to in clause (d), ^[and that] the
meter, indicator or apparatus is under the custody or control of the con-
smner., whether it is his property or not, 5[it shall be presumed, nntil
the contrary is proved,] that such connection, communication, alteration,
prevention or improper use, as the case may be, has been knowingly
and wilfully caused by such consumer.
45. Whoever maliciously extinguishes any public lamp shall be Penalty for
punishable with imprisonment for a term which may extend to six '
months, or with fine which may exteiid to three hundred rupees, or with
both.
46. Whoever negligently causes energy to be, wasted or diverted, or Penaltyfor
negligently breaks, throws down or damages any electric supply-line,
post, pole or lamp or other apparatus connected with the supply of
energy, shall be ]iunishable with fine w’hich may extend to two hundred works,
rupees.
47. Whoever, in any case not already provided for by sections 39 Penaltyfor
to 46 (both inclusive), makes default in complying with any of the pro-
visions of this Act, or with any order issued under it, or, in the case i’»vided
o f a licensee, with any of the conditions of his license, phall be punish -
■able with fine which may extend to one hundred rupees, and, in the
case of a continuing default, with a daily fine which may extend, to
twenty rupees ;
Pi’ovided that, M'here a person has made default in complying with
aiiy of the provisions of sections 13, 1 4,1 5, 17 and 32, as the case may,
be, he shall not be so punishable if the Court is .of opinion that thie
case was one of emergency, and that the, ofCender complied wU^h the
said provisions as far as was reasonable in the circmnstances.
1 Those words were substituted for the ■words “ three'hundred” by n. 19-oj the Indian
Electricity (Amandinent) Act, 19SS (1 of 1982) i ^
z This word -was subBtitute'd for the word "thirty” , bjr tb ii, ■
3 These word’s wore, substituted for words ''the-existence o f artificial mmns ’
b y ihid. ■. , .
4 These words 'were snbstituM for the ijrords “ sH&ll,'■vrWe-” hy ihd..
6 These vords were substituted for the words^. '?be priim fd ne evi^^nce" by ih d.,
VO L. V . P -S
52 Electricity. |1910: Act IX»
Penalties 49 . The provisions of sectiona 39, 40, 44, io and 46 shall, so far aS'
belong to they are applicable, be cleomed to apply also wbcn tbe acts made punish-
Government, thereunder are committed in the case of onerjiy supplied by, or o£
■works belonging to, the Govcrnmenl..
iBstitation 50. No prosecution shall be instituted against any person fur any
ojfence against this Act or any ]'ule, license or order thereunder, except at
the instance of the Government or an Electric Inspector, or of a person
aggrieved by the same.
Stipplsmcntary.
in
E xercise 51. Notwithstanding anything in sections 12 to 16 (both inclusive)
olpowraoT and sections 18 and 19, the i[Local Govoi'nment] may, by order in
ao^rSy" "wi’iting, for the placing of appliances and apparatus for the transmission
of energy, confer upon any public officer^ or licensee, subject to such
conditions and restrictions (if any) as the 1[Local Government] may
think fit to impose, and to the provisions of tlie Indian Telegraph Act,
XUIof
1885, any of the powers which the 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.
^bitration. 52, Where any matter is, by or under this Aot, directed to be deter-
mmed-by arbitration, the matter shall, inileas it is other^dse expressly
provided in the license of a licensee, be determined by such person or
persons as the Local Government may nominate in that behalf on the
application of either party; but in all other respects the arbitration Hbn.11
be piibject to the provisions of the Indian Ai-bitration Act, 1899, IX of I89fc
1 These words wm'e substitnted for tlia words "Governor General in Council” bv
20 o f the Indii^n Elactricifcy (Aniendtiient) Act, 1922 (1 o'E 1922),
a For the conferment of powers nijder this section'on the Chief Commissioner of
Uoltn in connoction with the construction of New Delhi, sie General Statntorv Bales
and prdora. Vol. JV, p. 66. ^
1910: Act IX .] Electricity. 53
{Part IV .— General.)
53. (1) Every notice, order or document by or under tliih Act required
■or authorised to be addressed to any person may be served by post or owlera'or
le ft— documents.
* These words were gubelituted for the words "the S6,(ireta))y-i]n the Pivblio Wprka.
.Department,’ ’ by s, '2 i o f the Indian Blectridty ,'(Am&n4TH6nt) Act, 1932, (1 o f 1922),
a These -words were inserted' by section' 2S o f ibid.
54, ElecLricity. [1910: Act IX ,
Protection 56. No suit, prosecution or other proceediug shall lie against any
public officer, or any servant of a local authority, for anything done, or
faith. purporting to be done, under this Act.
Amendment 67 , ( 2) j n section 40, sub-section (I), clause (I>), and section 41,
AequkMon sub-section (5), of the Land Acquisition Act, 1894, the term “ -work ” I of 189*.
Act, 1894. deeraed to include elcetrical energy supplied, or to be supplied,
by means of the wovlc to be constructed.
(S) The Local Government may, if it thinks fit, on the application
of any person, not being a company, desirous of obtaining any land for
the purposes of his undertaking, direct that he may acquire such land
under the provisions of tlic Ijand Acquisition Act, 1894, in the same I of 1894.
manner and on the same conditions as it might be acquired if the person
were a company.
Repeals and 58. (1) The Indian Electricity Act, 1903, is hereby repealed : i n o f 1903,
savings.
Provided that every application for a license made and every license
granted under the said Act shall be deemed to have been made and
granted under this Act.
(S) Nothing in this Act shall be deemed to affect the terms of any
licensje \\'hicb was gianted, or of any agreement \\'hich was made, by
or with the sanction of the Government for the supply or use of electri
city before the commencement of this Act.
THE SOHEDrJLE.
P b o v is io n s t o b e d e e m e d t o b e in c o u p o r a t e d w i t h , and to POUM J'ABT
OF, EVEBS HCENSB GBANTBD UNDER PAHT II, SO FAB AS NOT ADDED
TO, VAEIED OB EXOEPTED BY THE LICENSE.
Execution of lY . The licensee shall, within a period of three years after the com-
work <kfter '
oomme^ce- mencement of the license, cxecute to the aatisfaction of the Local Gov*
Hera* I* ernment all such works as mfiy be specified in the license in this behalf
or, if not so specified, aa the Tjoeal Grovernment may, by order in -writing
issued within six months of the date of the commencement of the
license, direct.
Provisions V. (1) Where, after the expiration of two years and six mouths from
ftfl to laying
down of the commencement of the license, a requisition is made by six or more
dte^uting owners or occupiers of premises in or upon any street or part of a street
mains. within the area of supply or by the Local Government or a local authority
charged with the public lighting thereof, requiring the licensee to provide
distributing mains throughout such street or part thereof, the licensee
shall comply within six months with the requisition, unless,—
(«) where it is made by such owners or occupiers as aforesaid, the
owners or occupiers malting it do not, within fourteen clear
days after the service on them by the licensee of a notice in
writing in this behalf, tender to the licensee a written con*
tract duly executed and with sufficient security binding them
selves to take, or guaranteeing that there shall be taken, a
supply of energy for not less tlmn two years to such amount
1910: Act IX.] Electricity. 57
1 These words were inserted by s., 23 of the Indian Eleitrioity (Amendment^ Act,
1922 (1 of 1022). .
S These words, w w e substitBted far the'-words, “ one, hund.rad yards ,from any distrir
buting main” by
.3 These words were iusertecl hy tliid.
58 ElectncU y. L1910J Act IX .
Pro-vided, first, that the licensee shall nob be bound to com ply -witla
any such requisition unless anti until the person m aking it—
w ithin t'omleen days after the service on him b y the license©
of a notice in -writing in this behalf, tenders to the licensee
a w ritten contract, in a form approved b y the L o ca l G overn
m ent, duly exacuted and w ith sufficient seomrity, binding
him self to take a supply of energy for not less than tw o years-
to such amount as w ill produce, at current rates charged b y
the licensee, a reasonable I’eturn to the licensee, and
(b) if required by the licensee so to do, pays to tlie licensee the cost
o f so much of any service line as may l^e laid dowii or placed,
for the purposes of the supply upon the property in respect
o f w hich the requisition is m ade, and of so m uch of any
service line as it ma.y be necessary for the said purposes t o
lay dow n or piace beyond one hundred feet from the licensee’sr
distributing m ain, although not on that property :
Provided, secondly, that the licensee shall be entitled to discontinue'
such supply—
(a) if 11le owner or occupier o f the property to w hich the supply is
made has not already given secui’ity, or if any security given
b y h im has becoino invalid or insufficient, and such ow ner
or occnpier fails to furnish security or to make up the original
secm ity to a sufficient amount, as the case m ay be, w ith in
seven days after the service iipon him of notice from th e
licensee requiring him so to do, or
(h) if the owner or occupier o f the jiroperty to w hich the supply ia
ihade adopts any appliance, or uses the energy supplied t o
him b y the licensee for any purposes, or deals w ith it in any*
m anner, so as unduly or im properly to interfere w ith t h e
efficient supply of energy to any other person b y the licen see,
or
(c) if the electric M’ires, fittings, works and apparatus in such pw )--
perty are not in good order and condition, and are conse
quently likely to afifect injui'iously the use of energs^ b y thee
licensee, or by other persons, or
1910: Act IX .] E lectricity. 59
iT lia a o wor^B w ere added b y 9. 23 o f the Indiain EW otrioity (Am endm ent) A c t ,
These WOTds were substittited tot the waeda "in tte pvfait cf any reqmsjtion being
made for a supply of eixe^gy from Any ’ distHbutmg mamo| wh^wi by t&ta.
■3 These words •were‘aulbstlttited iot the *woxd ’ W hy'tbta.
(50 Electricity. [1910*. Act IX.
Supply by bulk-licensees.
IX . (1) Where, and in ro far as, the licensee (hereinafter in this S|>eci^pro>
clause referred to as ‘ ‘ the bulk-licensee ” ) is authorised by his license app^kigtp
to supply energy to other licensees for distribution by them (hereinafter
in this clause referred to as “ distributing-licensees ” ) the following licensee*,
provisions shall apply, namely :—