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1910; A ct I X .] Electricity.

THE IN D IAN ELECTRICITY ACT, 1910 ,

CO N T E N TS.

P A R T I.

Preliminary.
S b o t i o n s I.

1. Short title, sstGut Ebnd comnienceiueiit.


2. Definitions.

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.

12. Provisions as to the opening and breaking up o f streets, railwaya


and tramways.
13. Notice o f new w6rks,
14. Alteration of pipes or wires.
16; Baying o f . electric supply-lines or other works near sewera, japes
or other electric supply-lines ox works.
10 Electricity. [1910: Act IZ«.

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.

19A. Point w here supply is delivered.


20, Power fo r licensee to enter premises and to rem ove fittings or
other apparatus of licensee.
21, Jlestrictions on licensee’ s controlling or in terferin g. w ith use o f
energy.
23. Obligation on licensee to supply energy.
23. Charges for energy to be made w ithout undue preference.
24. Digcontiuuance of supply to consum er neglecting to pay charge.
25. Exem ption o f electric supply-lines or other apparatus from
attachment in certain cases.
26. Meters.
.27. Sopply o f energy outside area of 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 .

28. Sanction required b y non-licensees in certain cases.


29. Pow er for non-licensees to break up streets.
29A . Application o f section 18 to aerial lines m aintained b y railways^
30. Control o f transmission and use o f energy.

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

Administration and Rules.

S b o t io k s .

35. Advisory Boards.


36. Appointment o f Electric Inspectors.
37. Pow er for Government to make mlea,
38. Purther provisions respecting rules.

Criminal Offences and Procedure.

39. Theft of energy.


40. Penalty for maliciously wasting energy or injuring works.
41. Penalty for unauthorized supply of energy by non-licenseea.
42. Penalty for illegal or defective supply or for non-.compliance-
with order.
43. P.3nalty for illegal transmission or use of energy.
44. Penalty for interference with meters or licensee’ s works, and for-
improper use o f energy.
43. Penalty for extinguishing public lamps,
46. Penalty for negligently wasting energy or injuring works.
47. Penalty for offences not otherwise provided for.
48. Penalties not to affect other liabilities.
49. Penalties where workS belong to, Government,
50. Ingtitutlon of prosecutions,

Supplemenpiry.

51. Exercise in certain eases o f powers o f telegrapb-authority.


52. Arbitration.
63. Service o f notices, orders or documents.
54. Bacovery o f sums recoverable under certain provisioriB o f A ct.
65. Delegation o f certain, functions of .L ocal Governm ent to Eleoferio-
' inspetetors.
56, Protection for acts done in good faith,
67. Atoendm ent o f the X a n d AcqLiiiaition'.Act, 1694.
,58. Repeals and savings.
la Electricity. [1910: Act IX .

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

OP, EVBBSr XjIOBNSB aRANTED UNDER PART I I SO FAR AS Ntfr ADDED


TO, VARIED OB EXOKPTED BY THE IiIOENSB,

Security and accounts.

I. Security fo r execution of works o f licensee not being local


authority.
I I . Audit o f accounts of licensee not being local authority.
H I . Separate accounts.

Compulsory works and supply.

IV . E xecution o f w ork after com m encem ent of license.


V. Provisions as to laying down of further distributing m ains.
V I. HequiBition for supply to owners or occupierB in vicinity.
V II, Further provisions as to laying o f service lines.
V in . Supply for public lamps.

Supply b y hulk-licensees.

I X . Special provisions applying to supply b y bulk-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.

Testing and inspection.

X m . L icensee to establish testing stations and keep instruments fo r


testing.
X I V . Facilities for testing.
X V , Testing o f works.

Plans.
•XVI. Plan o f area o f svipply to be made and Tcept open for inspection.-

Additional notice o f certain works. -


3CVII. Notice to E lectric Inspector.
1910: Act IX.] Electricity. 13'

{Part I.— Preliminary.)

ACT No. IX OF 1910.1

[18th March, 1910.}

An A ct to amend the law relating to the supply and use of


electrical energy.
W herb.^s it is expedient to amend the law relating to the supply and
use of electrical energy; It is hereby enacted as follows :—

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 .

(P art I . — Prelim inary.)

(e) " distribiiting ma.iTi ” m eans th e portion o f any m ain v?itH


w hicli a setvice line is, or is in ten d ed to b e, iinm ediately con ­
nected :
•if) “ electric supply-line ” means a w ire, conductor o r other m eans
used for conveying, transm itting or distributing energy
together w ith any casing, coatin g, covering, tube, pip© or
insulator enclosing, surrounding or supporting the same or
any part thereof, o r any apparatus connected therewith fo r
the purpose of so conveying, transm itting or. distributing
such energy ;

ig ) " energy ” m eans electrical energy w hen generated, trans­


m itted, supplied or used for any purpose except the transm is­
sion o f a message :

■Qi) “ licensee ” m eans any person licensed under P art I I to supply


en ergy;
^£) " jnain ” means any electric supply-line through w h ich energy
is, or is intended to be, supplied b y a licensee to the public :
'(j) prescribed ” m eans prescribed b y rules m ade under this A c t :
'■ public lam p ” means an elsctric-lam p used fo r the lighting,
o f an y s tr e e t:
“ service line ” m eans any electric supply line through w h ich
• energy is, or is intended to be, supplied b y a licensee—
b ) to a single consum er either from a distributing m ain or
im m ediately from the hcensee’ a prem ises, or
'(ii) from a distributing m ain to a group o f consum ers on the same
premises or on adjoining premises supplied from the sam e
point o f the distributing m a in .]
<to) “ street ” includes any w ay, road, lane, square, court, alley,
passage or open space, whether a thoroughfare or n o t / over
w hich the public have ,a right o f way^ and also the roadw ay
and footw a y over any public bridge or causew ay : and
Xn) " works ” includes electric supply-Hnes and an y buildings,
m achinery or apparatus required to supply energy and to
carry in to effect the objects of a license granted under P art 11,
1923 ' o f " 1922}.'^“ substituted b y s. 2 o f the In d ia n E le ctricity (Am endm ent) A ol]
1 9 1 0 : A ct I X . ] E leetn cily. 15

(P ort I I — Supply of E nergy.)

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-]

1 wovds wore B-pbstituted foji the- woriis-,“ aeneEal dfficef Oiiniiniinding tb *


B iviM on ” , t y .s, 2 and Soh, I o f Efepe^ijig AmOTdJng Acfc, 1926 (371 o f U25),
Electricity- [1910: Act IX .

(Part I I .— Supply of E n erg y.)

(b) where an objection is received from any local authority con ­


cerned, the L oca l Government shall, if in its opinion the
objection is insufficient, record in writing, and communicate-
to such local authority its reasons for such op in ion ;

(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 ;

(d) a license under this Part—


(i) m ay prescribe such terms as to the lim its w ithin w h ich ,
and the conditions under w hich, the supply o f energy
is to be compulsory or permissive, and as to the lim its
of price to be charged in respect o f the supply o f
energy, and generally as to such matters as the L o ca l
Government may think f i t ; and
(ii) save in cases in which under section 10, clause (b ),
the provisiona o f sections 5 and 7, or either o f them ,
have been declared not to apply, every svich license
shall declare whether auy generating station t o ' be
used in connection with the undertaking shall or shall
not form part of the undertaking for the purpose o f
purchase undjBr section 3 or section 7 ;
(e) the grant of a license under thLs P art for any purpose i^all n ot
in any w ay hiitder or restrict the grant of a, hcense to another
person within the same area of supply for a like purpose;
(J) the provisions contained in the Schedule shall be deemed to be-
incorporated with, and to form part o f, every license granted
under this Part, save in so far as they are espressly added
to , varied or excepted by the license, and shall, subject to-
any such additions, variations or exceptions which the L oca l
Government is hereby empowered to make, apply to the-
undertaking authorised by the license :
Provided that, where a license is granted in accordance w ith
the provisions o f clause IX of the Schedule for thfe supply o f
■-1910: Act IX.] Electricity. 17
(Part IT.— Supply of Energy.)
energy to other licensees for clistriT)iition bj* them, then, in
so far as f5iich license relates to such snpplj', the provisions
of clauses IV , Y , V I, V I I, V I I I and X I I o£ the Schedule
shall not be deemed to be incorporated with the license.

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»

(Part II .— Su^yply of Energy.)

(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

(I)) m ate such alterations or amenilnaents in the terms and condi­


tions of a license, including the provisions specified in sectioa
3, sub-section (2^, clause (/), as it thinks fit.

Provisions 5,'Where the Local GrOA^ennncnt revokes, under section 4, sub-


cense o f pection (J), the license of a licensee, not heiiig iv local authority, the-
n ot provisions shall have effect, namely :—
local
authority, ia (o) the Local Government shall serve a notice of the revocation npoit
levoked, licensee, and, where the whole of the area of supply ia
ijicluded in the area for which a single local authority is
constituted, upon that local authority also, and shall in the-
notice fix a date on which the revocation shall take effect;
and on and with effect from that date, all the powers and
liabilities of the licensee under this Act shall absolutely cease
and determine;
(b) where a notice has been served on a local authority under
clause (fl), the local authority may, within three months
after the service of the notice, iind with the written consent
of the Local Government, by notice in writing, require the-
licensee to sell, and thereui)on the licensee shall sell, the
undertaking to the local authority on payment of the value
of all l^ d s , buildings, works, materials and plant of the
licensee suitable to, and used by him for, the purposes of
the undertaking, other than a generating station declared by
the license not to form part of the undertaking for the purpose'
of putchase, such valuei to be, in' case o f difference o i dispute,,
determined by arbitration:

- Provided that the value pf such lands, bnildings, works;,


materials and plant shall be deerried to be their fair market-
value at the time of purchase, due rearaird beinff had- to thu-
1910: Act IX.] Electricity. 19

{Part I I .—Supply of Energy.)

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;

(d) where no purchase has been efieeted under clause (b) at


clause (c) within such time as the TjOcal G-overnmient may
consider reasonable, or where the whole of the area of supply,
is not included in the area for which a single local authority
is constituted, the Local GoverniiLient shall .Mve the option
of purchasing the undertaking and, if the Local Governmant
elects to .purchase, the licensee shall sell tbs undertaking'to
the Local Q-overnriient upon terms and conditions Bimilar to
those set forth in clause (b );

(e) where a purchase has been eff^ected under any o f the preceding
clauses,—

(i) the-undertaking shall vest in the pjirphasers free ffdm any


debts, moKtgagea or Tsimilar obligations of-the licensee or
attaching to the undertaking :

Provided that ’any sucn debts, mortgages or siaular


obligitionfe shall attach tc the piwcTiaiserinoiiey in' sub^
stitution for the undertaking; and
VOIi, V. 0
go Electricity. [1910*. Act 1X>

(Part II .— Supply of Energy.)

(ii) the revocation of the license shall extend only to the


revocation of the rights, powers, authoritieSj duties ancl
obligations of the licensee from whom the undertaking
is purchased, and, save as aforesaid, the license shall
roraain in full force, and the purchaser shall be deemed
to be the licensee ;

Provided that where the Local Government elects to


purcliase under clause {d), the license shall, after pur­
chase, in so far as the Local Government is concerned,
cease to have any further operation;

(p w]]ere no purchase has been effected under any of the foregoing


clauses, the licensee shall have the option o f disposing of all
lands, buildings, 'works, materials and plant belonging to the
undeirtaking in such manner as he may think f i t ;

Provided that, if the licensee does not exercise such option


within a period of six months from the date on wEich the
same became exerciseable, the Local Government may forth­
with cause the works of the Hcensee in, under, over, along
or across any street to be removed and every such street to
be reinstated, and recover the cost of such removal and re­
instatement from the liceusee;

(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

{Part I I .— Supply of Energy.)

materials aiid plant belonging to the undertaking in such manner a.s be


may think fit ;

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 tliat the value of such lands, huildinge, works, materials


and plant shall be deemed to be their fair market-value at the tioae of
purchase, due regaa’d being had to the nature and condition for the
time being of such lands, buildings, works, materials and plant, and to
the state o f repair thereof and to the circuttiBtance that they are in suob
a position as to be ready for' imntediate workixig, and to the suitability
of the Kama for the purposes of the undertaking ;

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

{Part I I .— Supply of Energy.)

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.

10. Notwithstanding anything in sections 5, 7 and 8, the Local G ov - G eneral


ernmert; may, 1* * , in any license to be granted under this G overn m en t
. . t o va ry
A ct, ' term s o f

(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..

(Pari II .— Supply of E nergy.)

prepare and Tender to the Local Government or to such authority as-


the Local Government may appoint in this behalf, on or before the
prescribed date in each year, an annual statement of accounts of his
midertaldng made up to snch date, in auch form, and containing such
particulars, as may be prescribed in this behalf.
(3) The licensee shall keep copies of such annual etatement at his-
office, and sell the same to any applicant at a price not exceeding five-
rupees per copy.

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.

(Part II.— Supply of Energy.)


Provided, also, that, if at any time the owner or occupier of any
or land on which any such support, stay or strut has been
b u ild in g
fixed shows sufficient cause, the District Magistrate or, in a Presidency-
town or Eangoon, 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 compensation or of annual rent, or of both, which
phould in his opinion be paid by the licensee to the owner or occupier.
(4) E'/ery order made by a District Magistrate or a Commissioner
of Police under sub-section (2) shall be subject to revision by the Local
Governujent.
(5) iS^othing contained in sub-section (I) shall be deemed to authorise
or empower any licensee to open or break up any street not repairable
b}' the Cjovernment 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 bj^ whom the street is repairable or of the
person for the time being entitled to work the railway or tramway,
unless with the written consent' of the Local Government;
Provided that the Local Government shall not give any such consent
as aforesaid, imtil 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 Govern-
inent.

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.

(Part I I .— Supply o i Energy.)

which the character or position is not to be altered), the


licensee shall serve upon the person responsible for the repair
of the street or part of a street (hereinafter in this section
referred to as “ the repairing authority ” ) or iipon the person
for the time being entitled to work the railway, tram'way,
canal or waterway (hereinafter in this section referred to as
“ the owner ” ), as tJie case may be, a notice in writing
tiegcribing the proposed works, together with a section and
plan thereof on a scale suf&cieutly large to show clearly the
defcaila of the proposed works, and not in any case smaller
than one inch to eight feet vertically and sixteen inches to
the mile horizontnlly and intimating the manner in which,
and the time at which, it is proposed to interfere with or
alter any existing works, and shall, upoii being required to
do so by the repan-ing authority or owner, as the case may
be, from time to time give such further information in rela­
tion thereto as may be desired;

(b) if the repairing authority intimates to the licensee that it dis­


approves o f such works, section or plan, or approves thereof
subject to amendment, the licensee may, within one weelc
of receiving such intimation, appeal to the I/ocal (Government,
whose decision, after consider'iag the reasons given by the
repoiiring authority for its action, shall ba final;

<c) if the repairing authority fails to give notice in writing of its


appi'oval or disapproval to the licensee within one month, it
shall be deemed to have approved of the works, section and
plan, and the licensee, after giviag not lees than forty-eight
hours’ notice in writing to the repairing authority, m ay pro­
ceed to carry out the works in accordance with the notice
and the' section and plan served under clause (a) ;

, 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

iPart IJ.— Supply of Energy.)

be determined by arbitration, and thereuixin the matter shall,


unless settled by agi'eement, be determined by arbitration;

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;

:'/) where the works to be executed consist o f the laying o f any


underground service line immediately attached, or intended
to be immediately attached, to a distributing main, the
licensee shall give lo the repairing authority or the owner,
as the case may be, not less than forty-eight hours’ notice
ill writing of his intention to execute such w orks;

Kg) where the works to be executed consist o f the repair, renevpal


or amendment of existing works o f which the character or
position is not to be altered, the licensee shall, except ini
cases of emergency, give to the repairing authority, or to
the owner, as the case may be, not less than forty-eight
hours’ notice in writing of his 'intention to execute such
works, and, on the expiry of euoh notice, such works shall
be commenced forthwith -and shall be carried on w ith all
reasonable despatch, and, if possible, both by, day. and by
night until completed.

(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.

(3) -iNotwithstanding anything in this section, the licensee may,, in'


rase of emergency due to the, breakdown, of an underground eleotrio
«»i^piy-line, after giving notice in wrifii.ig' to the re|)a{riijg. autlipj;iiy a«:
og Electricity. [1910: Act IX .

{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.

(S) In any such case as aforesaid the folloAving provisions shall, in


the abfeence of an agreement to the contrary between the parties eon-
cejned, apply, namely :—

(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

(Part II.— Stipply of Energy.)

notiie, section or plan shall be determined by arbitration,


and tliereupoii the matter shall, unless settled by agreement,
be determined by arbitration;

<c) every arbitrator to whom a reference is made nnder clause (b )'


shall have regard to any duties or obligations which the owner
is under, and may require the operator to execute any tem­
porary or other %Torks so as to avoid, as far as possible, inter­
ference therewith;

<J) where no requisition is served uponthe operator under clause


(b ) within the time named, or where such a requisition haa
been served and the matter has been settled by agreement
or determined by arbitration, the alteration may, upon pay­
ment or securing of any compensation accepted or determined
by arbitration, be executed in accordance with the notice,
(Section and plan and subject to such modifications as may
have been determined by arbitration or agreed upon between
the parties;

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.

{Part IT,— Supply of Energy.)

(h ) all expeiiseR properly incurred by the owner in complying with!


a notice served upon him by the operator iinder danse (/) m ay •
be recovered by him from the operator.

(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.

L ay in g o f 15. (7) Where—


eleotTic sup*
ply-llnes or (a) 1-he licensee requires to dig or sink any trench for laying down
o w e r works
near seweiB, any new electric snpply-lines or other works, near to whicB
pipes or
oraer eleo> any sewer, drain, water-com’se or work under the control of
trio supply- the Local Government or of any local authority, or any pipe,
lines or
works. syphon, electric supply-line or other work belonging to any
duly authorised person, has been lawfully placed, or

(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.

X2) Where the operator finds it necessary to undermine, but not


alter, the position of any pipe, electric supply-line or work, he shall
support it in position during the execution of the wotk, and before com­
pletion shall provide a suitable and proper foundation for it where so
undei’miiied.
1910: Act I X .] Electricity. 31

{Part IT.— Snffhj of Energy.)

(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..

tele^lph- ^ licensee shall, before laying down or placing, within ten


•authority, yards of n.uy part of any telegraph-line, any electric supply-line or other
works l([n o t being either service lines] or electric supply-lines for the
repair, renewal or amendment of existing works of which the character
or position is not to be altered), give not less than ten days’ notice in
wi'iting to the telegraph-authority, specifying—
(a) rhe course of the works or alteration proposed,
(b) the manner in which the works are to be utilised,
(c) the amovmt and nature of the energy to be transmitted, and
(d) Ihe extent to, and manner in, which (if at all) earth returns
are to be used;
•and the licensee shall conform with such reasonable requirements, either
general or special, as may be laid down by the telegraph-authority within
that period for preventing any telegraph-line from being injuriously
affected by such works or alterations :
Provided that, in case of emergency (which shall be stated by the
licensee in writing to the telegraph-authority) arising from defects in
any of the, electric supply-lines or other works of the licensee, the
licensee shall be required to give only such notice as may be possible
EiCter the necessity for the proposed new workB or alterations has arisen,
(S) Where the works to be executed consist of the laying 2[or placing]
■of any 3* service line 4 « * » ^ the licensee shall, not less
than foriy-eight hours before commencing. the work, serve upon the
telegraph-authority a notice in writing of his intention to execute such
works.. , ,
' 1 These words -were substituted for the words ' ‘not being service lines immediatel]^
attached or intended to be immediately attached to a distributing main” by s. 4 o f the
Indian Electricity (Amendment) Act, 1922 (1 o f 1922).
a Tbese words were inserted by s. 4. of ibid.
. The word" “ underground’ ’ viras omitted b y -ibid,
i The V»n»n?wfttely attached, or intended to be immediatdy attached, to a
4is<8rihtttiag main” -woie omitted by ibid.
tSIlO:' Act I X .] Electricity. 38

{Part I I .—'Snpphj of Jincnjy.)

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.

^ E i^ la m tion .— S’or the ptn'poses of . this eectioii, the expression


“ tree ” shall be deemed to include apy shrub, hedge, jungle-gro'^th-
or, other plant.]
19. (I) A licensee i^all, in exercise of any o f the powers,,confen-eil .Opmpoona
. by or uiider this Act, cause as' little damage, detriment ancl inconv^ni- d'«raagii.
once, as may be,’ and shall inake foil compensation for aliy damage,'
1 This TOb-s'cefcion w s suljstituted bv s. S' -of Indian E lfotrieity' lAmcnament)'
A ct, 1922 (1 o f 1922). ‘ ' . ■ - -
2 This Explanation waa added, by
vor;.' V. J>
34 Electricity. [1910: Act IX .

{Part I I .— Supply of Energy.)

<letriment or inconvenience caused by him or by any one employed b y


him.
(S) Ssive in the case provided for in section 12, sub-section (8), where
any diifercnce or dispute arises as to the amount or the application of
snch compensation, the matter shall be determined by arbitration.

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.]

P ow er fo r licensee or any person duly authorised by a licensee may,


licensee to at any reasonable time, and on informing the occupier o f his intention,
premises an d enter any premises to which energy is or has been supplied by him , for
<"1^6 pm'pose of—
oth er
Smiww” * (a) jnspecting and testing the electric supply-lines, meters, fittings,
works and apparatus for the supply of energy belonging to
the Ecensee; or

(b) flHCertaining the amount o f energy supplied or the elec’trical


quantity contained in the supply; or
(c) removing, where a supply of energy is no longeir reqiiired, «r
where the licensee is authorised to take away and cut off such
supply, any electric supply-lines, 2[meters], fittings, works
or apparatus belonging to the licensee.

(S) A. licensee or any person authorised as aforesaid may also, in


pursuance of a special order in this behalf made by the District Magistrate
or, in a Presideney-town or Eangoon, by the Commissioner o f Police,
and after giving not less than twenty-four hours’ notice in writing to
the occupier, enter any .preinises to which energy is or hi9.s been supplied,
or is to be supplied, b y him for the purpose o f examining and testing
the electric-wires, fittings, works and apparatus for the use o f energy
belongmg to the consumer.
1 Thia section was inserted Tjy s. 6 of the Indian Electricity (Amendment) Act, 1932
>(1 o f 1022). ‘ *
Z This word “was inserted by s. 7 o f ibid.
1910: Act IX .] Electdaity. 86
(Port 11.— Supply of Energy,)

l[(3 ) Where a consumer refuses to aJlow a licenses or any person


anthorised as aforesaid to enter his premises in pursuance of the provi-
flions of suTj-aection {!) or sub-section (2), or, -when such licensee or
person has so entered, refuses to allow him to perform aoiy act wliich he
is authiirifed by those sub-sections to perform, or fails to give reason­
able fa'^ilities for such entry or performance, the hcensee 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.]

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.

Provided that no person may adopt any form of appliance, or use


the energy supplied to him, so as unduly or irapioperly to interfere with
the supply by the licensee of energy to any other person.
2[(5) Subject to tlie provisions of sub-Bection (D , a licensee may,
with the previous sanction of the Local 6-overnment, given after consult­
ing the local authority, where the licensee is not the local authority,
, make conditions not inconsistent with this Act or with his license or
with any rules made xmder this Act, to regulate his relations with per­
sons who are or intend to become consumers, and may, with the Kke
sanction given after the like consultation add to or alter or amend any
sricih conditions: and any conditions made b y a licensee without such
fianotion shall be null and void :
Provided that any such conditions made before the 23rd day of Janu­
ary 1922 shall, if sanciioned by the Local Government on application
made by the licensee before such date as the Ixooal GovCTnment inay,
by general or special order, fix in this behalf, ifse deemeid.to have been
inade in accordance with the provisions o f this sub^seetion:-
[3) The Local (Jovemmerit may^ after the likfe ,consultation, cancel
any condition or part of a condition .previously sanctiojied nnder stab-
seotion (5) after gi^dng to the licensee not less than one month’s notice
in writing of its intention so to do,]

1922 ®Ieot*tcity- .(Aa^ndment) A ct,


a & ese,8ub-seotioM wexe inserted b y s.' 8 of ii'td.
VOL. V . ^
36 Eleotricity. [1910: Act IX,

{Part I I .— Supply of Energy.)

l[(4 )] W here any difference or dispute arises as to whetlier a lio'jnsee-


lias prescribed any appliance or controlled or interfered with the yse o f
energy in contravention of sub-pectioii (1), the matter shall be either
referred to an Electric Inspector and decided by him or, if the licensee
or consuiTker so desires, determined by arhitration..

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 :

Provided that no person shall be entitled to demand, or to cantimie


to receive,, from a licensee a supply of energy for any premises having
a separata supply imless he has agreed with the Ucensee to pay to hiss
Kuch minimum annual sum as will give him a reasonable return on the
capital expenditure, and m il cover other- standing charges itncuxrod by
him in order to meet the possible maximum demand for those premises,
the sum payable to be deteiTnined in case o f difference or dispiite b j
arbitration.

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.

(j3) No consumer shall, except with the consent in writing o f the


liceaaeo, aae energy supplied lo him under one method of charging in
a ttiauDcr for which a higher method of charging is in force.

2[(S) In the absmce o f an agreement to the contrary, a licensee m ay


charge for energy supplied by him to any ooniSulQer—
(a) by the actual arhount of energy so supplied, or
(b) by the electrical quantity contained in the supply, or
(c) by such other method as may be approved b y the IiOcal .GoV-
errirrtent,]

1 This su1b-sootion was ire.mimbered l)v e. 8 o f the rnditm Electrioitv (AmendaentV


iict, 1922 (1 of 1923).
This Riib-section -\vna added b y s. 9 o f ibid.
1910: Act IX.] Eleotricity. 37
(Part II .— Supply of Energy.)

Any charges made by a licensee under clause (c) of sub-section


(3) may be based upon, and vaiy in accordance with, any one or more
-of the foJlowing considerations, n am ely:—
(a) the consumer’s load factor, or
(b) the power factor o f his load, or
(c) l)is total consumption o f energy during any stated period, or
(d) the hours at which the supply of energy is required.]
24. 2 (2 ) Where any person neglects to pay any charge for en ^ gy Discoati-
o r any 3[sum , other than a charge for energ;^] due from him to a licensee to
in respect of the supply o f energy to him, the licensee may, after giving
not less than seven clear days’ notice in writing to such person and*° W
witliouti prejudice to his right to recover such charge or other sum. by.
suit, cut off the supply and for that purpose cut or disconnect any electric
fiupply-Jine or other works, being the property of the Kcensee, through’
which energy may be supplied, and may discontinue the supply until
such charge or other sum, together with any expenses incurred by him
in cutting off and re-connecting the supply, are paid, but no longer.
4(S) 5* * W hereany difference or dispute has been tceferred under
this Act to an Electric Inspector before notice as aforesaid has been
given by the licensee, tixe licensee shall not exercise the powers conferred
■by this section until the Inspector has given his decision:
is[Provided that the prohibition contained in this aub-aection stiall
not apply in any case iu which the licensee has made a request in
to the eoiisiim&r for a deposit with the Electric Inspector o f tHe amount
o f the lirensee's charges or other sums in dispute or for the depodt d
the lice)?.eea’s further charges for energy as they accrue,, ajid ithfi
sumer has failed to, comply with such request.]
25. "Where any electric supply-lines, meters^ fittings, :v^orks or EwaaptiMi
■apparatus belonging to a licensee are placed in or upon any premises, suCTly-iinw
not being in the possession of the licensee, for the purpose of supplying
energy, i5uch electric supply-lines, meters, fittings, works, and apparatus
fchall not be HaWe to be taken in esecutiaa u n t o any process o f . w iy <»>*»-(
iOivil Oonrt or in any .proceedings in insolvency against the. p i ^ n ia
.whose possession the same may bis.
.1 This sab.seciion added 9 of tlie I n d k a Kleetoi<utv (Amenaimnti Aeb..
1622 (1 o f 1923).
a This paragraph of section 24 -was re^-auinbered &a 24 ( i) W s. 10 o i idHi,
3 ThegB words -were snbstitiited for the words "other stim" b y ibid^
, 4 T h e provist) ■was.re-ttflmbered as sub-seetipn (gy
pnoviso -was.re-ttflmKered (^V liy
h y iiiiii.
6 ,Th6 words ^'Provided that” trote omitted by
« This proviso t t o added by’ '
38 Electricity. [1910; Act IX^

(Part II.— Supply of Energy.)


Meter*. gg, (1 ) j n the absence of an agreement to the contrary, the amount
of energy supplied to a consumer or the electrical quantity contained
in the supply shall be ascertained by means of a correct meter, and
the licenE.ee shall, if required b y the consumer, cause the consumer td
be supplied with such a m eter:
Provided that the licensee may require the consumer to give him;
eecurity for the price of a meter and enter into an agreement for the
hire theauof, unless the consumer elects to purchase a meter.
(3) 'WTiere the consumer so enters into an agreement for the hire
of a mtster, the licensee shall keep the meter correct, and, in default)
of his doing so, the consumer shall, for so long as the default continues,
cease to be liable to pay for the hire of the meter.
(3) Where the meter is the property of the consumer, he shall keep-
the meter con-ect, and, in default of his doing so, the licensee m ay^'
after giving him seven days’ notice, for so long as the default continues^
oease to uupply energy through the meter.
(4) 'Die licensee or any person duly authorised by the licensee shall,
at any leaeonable time and on informing the oonsumer of his intention,
have access tp, and be at liberty to inspect and test, and for that pur­
pose, if he thinks fit, take of£ and remove, any meter referred to in'
auh-sectiou ( I ) ; and, except where the meter is so hired as aforesaid, all
reasonable expenses of, and incidental to, such inspecting, testing,
taking ofl' and removing shall, if the meter is found to be otherwise
than corroct, be recovered from the consumer; and, where any difference
or dispute arises as to the amount o f such reasonable expenses, the
matter shall be referred to an Electric Inspector, and the decision o f
buch Insjpector shall be final:

■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

— (5) -A consumer shall not connect any meter referred to in eub-


seetion (2) with any electric supply-line through which energy is sup­
plied by a licensee, or disconnect the same from any such electric supply-
line, without giving to the licensee not less than torty-eight hotirs^
notice in writing of hie intention.
1910: Act IX.J Electricity. 3^
(Port I I .— Supply o f Energy.)

C6) W here any difference or dispute arises as to whether any meter


referred lo in sub-section (2) is or is not correct, the matter shall ba
decided, npon the application o f either party, by an Electric Inspector,
or b y a competent person specially appointed by the L ocal Governmenli
in this b eh a lf; and, where the meter has, in. the opinion of such InBpector
or person, ceased to be correct, such Inspector or person shall estimate
tbe amount o f the energy supplied to the consumer or the electrical
quantity oontained in the supply, during such time as the meter shall
n ot, in the opinion o f such Inspector or person, have been correct
1* » * . and where the matter has been decided by any person
other than the Electric Inspector, an appeal shall lie to the Inspector,
whose decision diall in every case be fin a l; but, save as aforesaid, the
register of the'’iiieter shall, in the absence of fraud, be conclusive proof
o f such amount or quantity :

2[Provided that, before either a licensee or a consumer applies tO'


the Bletjtfic Inspectori under this sub-section, he shall give to the other
party not less than seven days’ notice of his intention so to do.]

(?■) In addition" to any meter which m ay be placed upon the premises


o£ a con<^umer in pursuance o f tbe provisions of sub-seotion (2), the
hcensee inay place upon such premises such meter, maximum demand
indicator or other apparatus as he m ay think fit for the purpose of
ascertaining or regulating either the amount of energy supplied to the
consumer, or the number o f hours during which the supply is given,
or the rate per unit of time iat which energy is supplied to the oonsumet,
or any other quantity or time connected w ith the su p p ly :

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>

(Part I I .— Supply of Energy.)

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).

JSxphination.—A. meter shall be deemed to be “ correct ” if it


registers the amount of energy Bupplied, or the electrical quantity con­
tained hi the supply, within the prescribed limits of error, and a maxi-
mum demand indicator or other apparatus referred to in sub-section {7)
shall be f?eemed to be “ correct ” if it complies with such conditions as
may be prescribed in the case of any such indicator or other apparatus.

Sispplyof 27. Nctwithstanding anything in this Act, the Local Government


flnflgrgy QUt* O ./
side area ol may, by order in -writing, and subject to such conditions and restrictions,
B«!pply- jjg thinks fit to impose, authorise any licensee to supply energy
io any person outside the area of supply, and to lay down or place
-tlectric snpply-lines for that purpose ;

Provjded, first, that no such authority shall be conferred on the


licensee within the area of supply of another licensee without that
licensee’ s consent, unless the Local Government considers that his con­
sent has been unreasonably w ithheld:

Provided, secondly, that such authority shall not be conferred unless


the person to whom the supply is to be given has entered into a specific
agr^m eat with the licensee for the taking of such supply :

Provided, thirdly, that a licensee on whom such authority has b e e n


conferred dial! not be deemed to be empowered outside the area o f
supply to open or break n p any street, or any sewer, drain or tunnel i n
or undet any street, railway or tramway, or to interfere with any tele-
gi-aph-liue, without the written consent of the local authority or person
by whom such street, sewer, drain or tunnel is repairable, or of the
telegraph-authority, as the case may be, l[u n leB S the Local <3-ovemment,
after such inquiry as it thinks fit, considers that such consent has been
tmreasonably withheld;]

Provided, fourthly, that, save as aforesaid, the provisions of this


Act shall apply in the case of any supply authorised under this section
as if the said supply were made within the area o f supply.
1 IFhese words vfors added b y s. 12 o f the Indian M eotriciiy (Amendmont) A ct,
1922 (1 of 1022).
1§10; Act I X .] Electricity. 41

’jJPart IIT^— Supply, Transmission and Use of Energy by Non-licensees.)

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.

(2) Where any difference or dispute arises as to whether any person


is or is not engaging, or about to engage, in the business of supplying
■energy within the meaning of anb-section (1), the matter shall be
referred to the Local G-overmnent, and the decision of the Local Govera-
ment thsreon diall ba final.

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,

a The word ‘ ‘also" was omitted ijy iSfdf,


Electricity. [1910! Act IX.

{Part III.S u p p ly, Transmission and Use of Energy hy Non-licensees.)

of a licensee tindar sections 12 to 19 (both inclusive), in so far as tHe


same relate to—
(a) opening or breaking up of the soil or pavement of such street, or
(b) laying down or placing electric snpply-lines in, under, along or
across ench street, or
(c) rApairing, altering or removing such electric supply-lines,
and thereupon the provisions of the said sections shall, so far as afore-
fcaid, apply to such person as if he were a licensee under Part II.

(4) If no order is made within fourteen clays after the receipt of


an apphcation for the same under sub-section (2) or sub-section (3), the'
order so applied for shall be deemed to have been refused, and every
order, and every refusal to make an order, under sub-section (1) or sub­
section (3), shall be subject to revision by the Local G-overnmenfc. ■

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,-—

(a) in any street, or


(b) in any place,
fi' in which one hundred or more persons are likely ordinarily to
be assembled, or
(ii) which is a factory within the meaning of the Indian PaotorieB x n of 1911;
Act. 2[1911], or
(iiO which is a mine within the meaning of the ^Indian Mines Act, v n io f ijoi
1901, [or

19S^4d*of*'l9K) 2 of the Indian Eleotricity (Amendment) Aot,

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

(Pati III.—Supply, Transmission and Use of Energy hy Non-iioensees,


Part IV .— General.)
(iv) to which the Local Governiiient, by general or special order,
declares the pro-visions of this aub'-aection to apply
without giving not less than seven clear days’ notice in writing of his
intention to the District Magistrate, or, in a Presidency-tovra or Eangoon,
to the Commissioner of Police, and complying with such of the provi­
sions of Part IV ,_and of the rules made thereunder, as may be appli*
cable:
Provided that nothing in this section shall apply to energy used for
the public carriage of passengers, animals or goods on, or for the light­
ing or ventilation of the rolling-stock of, any railway or tramway
IX of 1890. subject to the provisions of the Indian Railways Act, 1890 :
Provided, also, that the Local Goverimient may, by general or
sp'ecial order and subject to such conditions and. restrictions as may be
sj)e'cified therein, exempt from the application of this section or of any
such provision or rule as aforesaid any person or class of persons 'using
energy on premises upon or in connection with which it is generated,
01 usiag energy supplied under Part I I in any place specified iu
clause (b).

(2) "Where any difference or dispute arises as to whether a place is


or is not one in which one hundred or more persons are likely ordinarily
to be assembled, the matter shall be referred to the Local G-overninent,
and the decision of the Local Government thereon shall be final.
(3) The provisioias of tiiis section shall be binding on the Crp^A.

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.

1 Thi» clause'waa inserted b y - 14 o£ the Indian .Bleotrioity (AmendjnentV, Aot,.


1822,(1 of 1982).
44 Eleotricity. [1910: Act IX .

(Part IV .— General.)

Broeeoiionof 32, (1) Every person generating, transmitting, supplying or using’


energy (hereinafter in this section referred to as the " operator ” ) shall
take all reasonable precautions in constructing, laying down and placing
ijnes, his electric supply-lines and other works and in working his system, so
as not injuriously to affect, •whether by induction or otherwise, the work­
ing of any wire or line used for the purpose of telegraphic, telephonic
or electxic-signalling coimnunication, or the currents in svich wire or
line.
(J3) Where any difference or dispute arises between the operator and
the telegraph-authority as to whether the operator has constructed, hud
down or placed his electric supply-lines or other works, or worked his
system, in contravention of sub-section (I), or as to whether the Avork-
ing of any wire, line or current is or is not injuriously affected thereby,
the matter shall be referred to the l[L ocal Government] ; and the ^[Local
Government], unless 2[it] is of opinion that ithe wire or line has been
placed in unreasonable proximity to the electric supply-lines or ^i^orkB
o f the operator after the construction of such lines 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 sec­
tion, and the operator shall make such alterations or additions accord­
ingly :
Provided that nothing in this sub-section shall apply to the repair,
renewal or amendment of any electric supply-line so long as the course
of the electric supply-line and the amount and nature of the energy
transmitted thereby are not altered.
(3) Where the operator makes default in complying with the require­
ments 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 detelr*
mined by arbitration. -
J3arpIanafion.—B'or the purposes of 'this section, a telegrapix-line
«hall 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 supply-line or work or by any use made thereof.
1 These -words wera substituted fou the words ' ‘Governor Gonei'al in Oounca" -bv
fl, 2 and Sch. I of tUe Devolution Act, 1020 (38 of 1820).
, 2 This •word was substituted for the word "Jie" by ilid.
1910: Act IX.] Electricity. 45
(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 *^

(5) If at any time it is established to the satisfaction of the Local cases ot


Government— defatiit.
(a) that any- part of an electric supply-line is connected with earth
contrary 1:0 the ptovi ions, of %ub-section (1), or
(b) that any electric supply-lines or other works for the generation,
transmission, supply or use of energy are attended with
danger to the public, safety or to human life or injuriously
affect any telegraph-line, or
(c) that any electric supply-lines or other works are defective so as
not to be in accordance with the provisions of this Act or
of any rule thereunder,
1 This sub-section -was substituted b y s. 15 o f the Indian Electricity (Amendinent>
A ct, 1022 (1 o f 1922). ’
2 These words were substituted for the words ’ 'Governor General in Council’ ' b y s
2 and Sch. I o f the Devolution A ct, 1920 (38 o f 1920).
J-0 Eleotricity. [1910: Act IX.

(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.

2(3) The Governor General in Council or the Local Government, as


the case may be, may, by general or special order,—
3[(a) determine the number of members of which any such Board
shall be constituted and the manner in which such members
shall be appointed,]
Hb) define the duties and regulate the procedure of anjr such Board,
'^(e) determine the tenure of office of the members of any such
Board, and

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.)

<2) The Local Government may, by notification in the local official


Gazette, appoint duly qualified persons to be Electric Inspectors -withiii
such areas as may be assigned to them respectively; and every Inspector
60 appointed shall exercise the powers and perform the functions of
an Electric Inspector under this Act subject to such restrictions as the
L ocal Q-overnment may direct.

(-9) In the absence of express provision to the contrary in this Act


or any rule thereunder, an appeal shall lie from the decision of an
Electric Inspector to the Governor General in Council or the Local
Government, as the case may be, i[o r , if the Governor General in
Council or the Local Government, as the case may be, by general or
special order, so directs, to an Advisory Board],

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.

(3) In particular and without prejudice to the generality of the fore­


going power, such rules may—
(a) prescribe the form of applications for licenses and the payments
to be made in respect thereof;
(b) regulate the publication of notices;
(c) prescribe the manner in which objectipns with refereiice to any
application under Part I I are to be m ade;
(d) provide for the prepaiation m d submisMon of accounts by
licensees in a specified form j
(«) provide for the sectlring of a regular, constant and sufficient
supply of energy by licensees to , consuroiers and for, ttie
testing at various parts of - the system .of the regularity and
sufficiency of such, supply and.for the.examinatiion of the
records of e u ^ ‘ teets;by, consumers;

(f) provide for the protection of persons and property from


by reason of contact v^ith, or the prdxiinity of,, or by reason

' 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 :

(h) provide for preventing telegraph-lines and m agnetic obsci’va-


tories or laboratories from being injuriously afCectsd b y ih e
generation, transmisaion, supply or use of en ergy;
(i) prescribe the qualifications to be required of E lectric In spectors;
(j) authorise any Electric Inspector or other officer of a specified
rank and class to enter, inspect and examine any place,,
carriage or vessel in w hich he has reason to believe any appli­
ance or apparatus used in the generation, transmission, supplj
or use o f energy to be, and to carry out tests therein, and to-
prescribe the facilities to be given to stiph Inspectors or
officers for the purposes o f such examinations and tests
<fe) authorise and regulate tJie levy o f fees for any such testing or-
inspection, and, generally, for the services of Electric
laspecstorB under this A c t ; 2[and
<Z) provide for any matter which is to be or may bo preBcribed].
3[(S) A ny rules made in pursuance o f danse (/) or clause (Ji) o f sub­
section <S) shall be binding on the Crown.]

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

w k In d iw Klcotvicity“ (A m im d m on trA ct.


2T1im c watda were inserted b y ibid.
5 This sulvsecbion ivfls insorte^ by ibid.
^ This stili-seetion was re-nnml'ieroa liy jftiV?.
1910: Act IX .] Elcdndty. 4,9

(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.

Griminal Offenccs and P ro ced u re.

89. Whoever dishonestly abstracts, consumes or uses any energy Theft of


shall be deemed to have committed theft within the meaning of the '
ZLVofI860.Indian Penal Code; and the existence of iwtificial means for such
abstraction shall be fmna /aoie-evidence of such difthonest abstraction.
40. Whoever malicioualy causes energy to be wasted or diverted, or, Peaftltylos
TOlh intent to cut off the supply of energy, ,cuts or injures, oi attempts
to cut or injure, any electric supply-line or works, Aall be punishaJjW
with imprisonmen,t for a term which may extend to two years, or with ’' ” *®*
fine which may extend to one.thoijsand rupees, or with both.
41. Whoever, in contravention of the provisioije, of section ;28, PenMty fw
eiigagea in. the business, of supplyiiig energy shall ba punishable with'supply of'
fine which, may extend to three thousand rupegfl, and; in-the case of
continuing contravention, with a daily fine which may extend to three
hundred rupees,,
VOL.'V.
50 Electricity. [1910: Act XX.

{Part IV .— General.)

Penalty for 42. Wlioevei—


illegal or
defective (tt'l being a licensee, save as permitted under section 27 or section
supply or fcr 51 or by his license, supplies energy or lays down or places
non-com-
pHitnce with any electric supply-line or works outside the area of supply; or
ordei.
(h) being a licensee, in contravention of the provisions of this Act
or of the rules thereunder or in broach of the conditions of
his license and wLthoixt reasonable excuse, the burden of
proving which shall lie on him, discontinues the supply of
energy or fails to supply energy; or
(o) makes default in complying with any order issued to him under
section 34, sub-soction (S );
shall be punishable with fine which may extend to one thousand rupees,
and, in the case of a continuing offence or default, with a daily fine which
may extend to one hundred rupees.
Penalty for 43. Whoever, in contravention of the provisions of section 30, trans­
illfi^
tronsmisBion mits or uses energy without giving the notice required thereby, shall be
or use of punishable with fine which may extend to five hundred rupees, and, in
energy.
the case of a continuing offence, with a daily fine which may extend to
fifty rupees.
Penalty for 44. Whoever—
interference
with meters (a) connects any meter referred to in section 26, sub-Kection (I),
or licensee’s
works and or any meter, indicator or apparatus referred to in section 26,
for improper
use of sub-section (?0, with any electric supply-line through which
energy.
energy ia supplied by a licensee, or disconnects the same from
any such electric supply-line, 'without giving to the licensee
forty-eighl hours’ notice in writing of his inlontion; or
(b) lays, or causes to be laid, or connects up any works for the
purpose of communicating with any other works belonging
to a licensee, without such licensee’ s consent; or
(o) maliciously injures any meter referred to in section 2G, sub­
section (I), or any meter, indicator or apparatus referred to
in section 26, sub-section (7), or wilfully or fraudulently
alters the index of any such meter, indicator or apparatus,
or prevents any such meter, indicator or apparatus from duly
registering; or
,(fJ) improperly uses the energy o f a licensee;
1910; Act IX.] Electricity. 51

(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»

(Part IV.— General.)

not to'^eot petiaUies iniposeil by moctions 39 lo 47 (both inclusive) shall


other liabiii-be in iiddition to, and not in dei’ogafcion of, any liability in rcHpect of
the payment of corapensalion oi', in the case of ii licensee, the revocation
of his license, which the offender may have incurred.

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.

(a) where the Government is the addressee, at the office of ^[such


officer aa the G-overnor General in Council or the Local
Government as the case ma,y be, may designate in this
behalf] ;
ih) where a local authority is the addressee, at the office of the local
authority;
(o) where a. company is tlie addressee, at the registered office of the
Coitipauy OT, in the event of the registered office of the Com-
])aiiy I'lOt being in Inilia, at the liead office of the Compa,ny
in India;
(cl) where any other person ia the adilressce, at the usual or last
known place of abode or business of the person.
(2) Every notice, order or docuinent by or under this Act required
or authorised to ba addressed to the owner or occupier of any premises
shall be deemed to be properly addressed if addressed by the description
of the “ owrier ” or “ occupier ” of the premises (naming the premises),
and may be served by delivering it, or a true copy thereof, to some person'
on the premises, or, if there is no person on the premises to whom the
same can with reasonable diligence be delivered, by affixing it on some
■conspicuous part of the premises.
54. Every sum declared to be recoverable by section 5, clause if), Beooveryof
•section 6, sub-section (2), section 14, sub-section (^), clause W , sectiox'.
16, sub-section (.2), section 18, sub-section (S) or sub-section (4), or sec-
tion 26, sub-section (4), and every fee leviable under this Act, may be
recovered, on application to. a Magistrate having jurisdiction where the
person liable to pay the same is for the time being resident, by the
distress and sale of any moveable property belongmg to such person.
55. The I joc«.1 Government may,' by ‘ general ■o r : special •order,
authorise the discharge of any of its functions under section IS or sec-
tion 18 2[or section 34, sub-section (S),] dr clatise V , sub-clause (S); or evtimemt a
clause X I I I of the Schedule b y an Electric Insjiector.

* 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 ,

{Part IV.— General. The S c h e d u le .— Proviswns to he deemed to be


incorporated with, and to form part of, every license granted under
Fait II, so far as nut added to, varied or excepted hy the license.)

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.

[See section 8, sub-section (2), clause (/).]

Security and Accounts.


licensee is not a local authority, the following provi-
wotksof sions as to giving security shall apply, namely :—
licensee not

license or, any longer period which the Local Government


may substitute therefor by order under section 4, snb-sectioB
(3), clause (&), of the Indian Electricity Act, 1910, before
exercising any of the powers by the license conferred on him
1910: Act IX.] Eleotricity. 55

(The Schedule.— Provisions to he deemed io he incorporated icith, and


to form part of, every license granted under Part II, so far as not
added to, varied or excepted by the license.)
in relation to the execution of 'works, bIiow , to the satisfac­
tion of the Local Government, that he is in a position fully
and efficiently to discharge the duties and obligations imposed
upon him by the license throughout the area of supply,
(i») The licensee shall also, within the period fixed in that behalf
by his license, or any longer period which the Local Q-overn-
ment may substitute therefor by order under section 4, sub­
section (3), danse (b), of the Indian Electricity Act, 1910,
and before exercising auy of the po^vers conferred on him in
relation to the execution of works, deposit or secin-e to the
satisfaction of the Local Government such sum (if any) as
may be fixed by the license or, if not so fixed, by the Local
Governmcut.
(c) The said sum deposited or secured by the licensee under the
provisions of this clause shall be repaid or released to him
on the completion of the works or at such earlier date or
dates and by such instalments, as may be approved by the
Local Government.
II. Where the licensee is not a local authority, the following provi- Audit of
eions as to the audit of af’conntfi shall apply, namely :— llcenswn^
(a) The annual statement of accounts of the undertaking shall, before
being rendered under section 11 of the Inaian Electricity Act,
1910, be examined and audii;ed by such person as the Local
Govornraent may appoint or approve in this behalf, and the-
remuneration of the auditor shall be such as the Local
Government may direct, and h i s . remtmeration and all
expenses incurred by him ia or about the execution of .his
duties, to such an amomit as the Local Government shall
approve, shall be paid by the licensee on demand.
(b) The licensee shall afford to the auditor, his clerks and assistants,
access to,all stich books,and.documents relpiitiiag to j i e under-,
taking as are necessary'for the purposes'of tli© audit, tui5
shall, when reqxiired, furnish,to him and them ail .vouchers
and' information requisite for that purpose,,aM .a&aird. to him
and them all facilities for the proper execTitjto of his and-
theu: duty,
56 Electricitij. [1910: Act IX<

(The Schedule.— Provmons to he deemed to he incorporated with, and


to forvi part of, every license granted under Part I I , so jnr as not
added to, varied or excepted hy the Uoense.)
(c) The audit shall be made and conducted in such intmner as the
Local Government may direct.
(d) Any report ma^e by the auditor, or such portion thereof aa tha
Local Government may direct, shall be appended to the
finnual statement of accounl.s of the licensee, and shall
thenceforth form part thereof,
(e) Notwithstanding the foregoing provisions of this clause, tlie Local
Grovernment may, if it thinks fit, accept the examination and
audit of an auditor iippointed by the licensee.
Sqarate n i . The licensee shall, unless the Local Grovernment otherwise
AOCOUUtS*
duents, £it all times keep tlie uccoimls of the capital ejnployed for the
purposes of the undertaking distinct Ironi the nccoimts kept by him of
any other undertaking or businoss.

Com2-)ulsorii icoi'hs and supphj.

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

a rh e Schedule.— Provisions to be deemed to be incorporated with, and


to form part of, every license rjranted under Part IT, so far as not
added to, varied or excepted by the license.)

as will in the aggregate produce annually, at the current rates


charged by the licensee, a reasonable retui'n to the licensee;
or
<b) where it is made by the Local Government or a local authority,
the Local G-overnment or local authority, as the case may
be, does not, within the like period, tender a like contract
binding itself to take a supply o f energy for not less than
seven years for the public lamps in such street or part
thereof.
(S) Where any differeuco or dispute arises between the licensee and
such ownei’s or occupiers as to the sufficiency of the security offered
under this clause, or as to the amount of energy to be taken or guaranteed
as aforesaid, the matter shall be referred to the Local G-overnment, and
•either decided by it or, if it so directs, determined by nvbitration.
(3) Every requisition under this clause shall be signed by the maker
ov makerathereof and whall be served on the licensee.

(4) Every requisition under this clause shall be in a form to be pres-


■cribed by rules under the Indian Electricity Act, 1910; and copies of
the form shall be kept at the office of the licensee and supplied free of
-charge to any applicant,
V I. (I) Where l[after distributing mains have been laid down under Requlsitioa
th e provisions of clause IV or clause V and the supply
energy through those mains or any of thera has commencedJ
•a requisition is made by the owner or occnpier of any premises
■flitnate within 2[the area of supply] requiring the liccjnsee to supply
■energy for such premises, the licensee shall, within one month from
•the making of the requisition 3[or within S u ch longer period as the
E lectdo Inspector may allow,] supply, ftndj save in so far as h e is p r e -
"vented from doing so by cyclones, flQods, storms or, other occurrences
■|)eyond his control; tentimie to snpply, energy, in nccordanqe .with the,
Tequisition :

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 .

{T h e Schedule.— Provisions to be deem ed to be incorporated w ith , and


to form part of, every license granted under P art I I , so far as n ot
added to, varied or eaaoepted by th e license.'}

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

{T h e S ohodule.— Prom sions to be deem ed to he incorporated w ith , and


to fo rm part of, every license granted under Part I I , so far as n ot
added t o , varied or excep ted hy th e license.)
(d) if the ow ner or occupier makes any alterations of, or additions
to , ajiy cloctric w ires, fittings, worlcs or apparatus w ithin
such property as aforesaid, and does not n otify the same
to the licensee before the same ai'e connected to the source
o f supply, w ith a view to their being exam ined and tested r
l [ b u t the licensee shall re-connect the supply w ith all reason­
able speed on the cessation o f the act or default or both, as
the case m ay be, w hich entitled him to discontinue i t ] ;
P rovid ed, thirdly, that the m axim um rate per m iit of tim e at w hich
the ow n er or occupier shall b e entitled to be supplied w ith energy shall
n ot exicecd w h at is necessary for the m axim um consumption on his pre­
m ises, an d, w here the owner or occupier has required a licensee to supply
h im at a .specified m axim um rate, he shall not be entitled to alter that
m a.xim inn, excep t after one m on th ’s notice in writing to the licensee,
and the lit'eiisee m ay recover from the owner or occupier any expenses
incurred b y h im b y reason of such alteration in respect of the service
lines b y w h ich energy is supplied to the properly beyond one hundred
feet fro m the licensee’ s distributing m ain, or in respect o f any fittings
or apparatus of the licensee upon that projperty : and
P rovid ed, fou rth ly, that, 2 [if any requisition is made for a supply
o f energy a n d ] the liceixsee copU prove, to the satisfaction of an Electi'ic
In s p e c to r,—
(a) that 3 [th e nearest distributing m ain ] is already loaded up to-
its full current-carrying capacity, or
(b) that, in case o f a larger am ount o f current being transmitted
b y it, the-loss o f pressure w ill seriously affect the efficiency
o f the supply to other consumers in the vicinity,
th e licensee m a y refuse to accede to the,requisition for such reasonable
period n ot exceedin g six m onths, as such Inspector m ay think sufficient
fo r th e purpose o f am ending the distributing m ain or laying .down or
p la cin g a further disti‘ibuting m ain,
(S) Any service line M d for the purpose o f siipply in’ prirsuance o f »
requisition_ __ Jl
under __ H —
sub-clause /V\ shall, notwithstanding H
(i). -'Vih* 0
that a_ portion
■pri/M*+.irk'n

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.

{The Schedule.—Provisions io he deemed to he incorporated with, and


to form part of, every license granted under Part IT, so far as not
added to, varied or excepted hy the license.)
of it may have been paid for by the person making the reijuisition, b’a
maintained by the licensee.
(S) Where any difference or dispute arises aa to the araoimt of energy
to b'e taken or guaranteed as aforesaid, or as to the cost of any service
line or as to the sufficiency of the security offered by any owner or
occupier, or as to the improper nse of energy, or as to any alleged defect
in any wires, fittings, works or apparatus, or as to the amount of the
expenses incurred under the third proviso to gub-olauso (1), the matter
shall be referred to an Electric Inspector and decided by him.
(4) Every requisition under this clause shall be signed by the maker
or makers thereof and shall be served on the liconwc'e.
(5) Every requisition under tliis cliuise fihall bo in a foriii to be
prescribed by rules under tlie Indian Electricity A ft, 1910; and copies
of the forms shall bo kept at the office of the licensee and supplied free
of charge to any a]iplicant.
^to^ionaas ^[V II. The liconsee shall, before commencing to lay down or place
to laying of a service line iu any street in which a distributing main has not already
service lines, laid down or placed, serve upon the local authority (if any) and
upon the owner or occupier of all premises abutting on so much of the
street as lies between the points of origin and termination of the service
line so to be laid down or placed, twenty-one days’ notice stating that
the licensee intends to lay down or place a service line, and intimating
that, if within the said period the local authority or any fivo or more
of Biich owners or occupiers require, in accordance with tlie provisions
of the license, that a supply shall be given for any public lamps or to
their premises, as the case may be, the necessary distrilmting main will
be laid down or placed by the licensee fst the same time as the service
line.]
foT "V m . (I) "Where 8[after distributing mains have been laid down
under the provisions of clause IV or clfiuse V and the supply of energy
through those mains or any of them has commenced] a requisition is
made by the Local Govemment or by a lociil authority- requiring the
licensee to supply for a period of not less than seven years energy for
any public lamps within the 3[area of supply,] the licensee shall supply,
substituted by s. 24 o f the Indian Elcctrioitv fAmendment^ Aofc.
193Z (1 of 1932).,
a These wocda •were inserted by s. 25 of iiif/.
3 Thesfe words urere substituted for tlic words “ distance o f one hundrficl yards from,
any aietribuiing main” by iMcl.
1910: Act I X .] Electricity. 61

{The Schedule.—Provisions to he deemed to be incorporatad with, and


to form part of, every license granted under Part II , so fur as not
added to, varied or excepted hy the license.)

and, save in so ftir as he is preveiitefl from doing so l>y cyclones, floods,


stonms or other occurrences beyond his control, contintie to supply,
energy for such lamps in such quantities as the LiOciil Government or
the local authority, as the case may be, may requii'e.
(3) The provisions of sub-clanse (6) of the first proviso, of sub­
clauses (c) and (fit) of the second proviso, and of the third and fourth
provisos to snb-clauso (2) and the pi’ovisions of sub-clauses (2) and (3)
of clause YT shall, so far as may be, «pply to every case in which a
requisition for the supply of energy is made under this clause as if the
Local Government or local authority -wfere an owner or occupier within
the meaning of those provisions.

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 :—

(а) any distributing-licensees within the bulk-licenaee’s area of


supply may make a requisition on the bulk-liceiisee, requir­
ing him to give a supply of energy and specifjang the point,
and the maximum rate per unit of time, at which such supply
Is required, and the date upon which the supply is to com­
mence, such date being fixed after the date of receipt of
the requisition so as to allow an intei’val that is reasonable-
with regard to the locality and to the length of the electric
supply-line and the amount of the plant I'equired;

(б) such ‘distributing-lioensee'sh^l, if -required by. the' bulkrhcensee


80 to do, enter into a rwritten agreement to refceite and pay
for a supply of energy for a period.,of iipt .less ,tban sev^n
years of such an amount that the -payment to be made for'
the same,at the.rate of chatgia for the timis being cha^'ged
for su<jh supply shall tiot be less^than su6h apaount'as'’ft^li
produce a reasonable returh to' thi^ bulkJicetisee'on tbe .oTiiilai^
E lectn oity. [1910: A ct IX .

(T he Schedule.— Provisions to he deemed to he incorporated w ith, and


to jorm part of, every license granted under Part I I , so far as not
added to, vailed or excerpted hy the license.)

(excluding expenditure on geiierating planl then existing


and any clectric supply-line then laid dow n or placed)
incurred b y him in making provision for such su p p ly ;
(c) tlia maxiniuni rate per unit of time at w hich a distributing,
licensee shall be entitled to be supplied with energy shall
not exceed what is necessary fpr the pixrposos for w hich the
supply is required by h im , and need not be increased except
upon a fresh requisition made in accordance w ith the fore­
going provisions;
id) if any difference or dispute arises under this clause, it shall be
determined by arbitration, and, in tlie event of such arbitra­
tion, the arbitrator shall have regard to the follow ing amongst
other considerations j namely :—

(1) the period for w hich the disfcributing-licensee is prepared


to bind himself to take en erg y ;
(ii) the amount of energy required and the hours during
which the bulk-licensee is to supply i t ;
<iii) the capital expenditure incurred or to be incurred by the
bulk-licensee in connection wath the aforesaid supply
of energy j and
(It ) the extent to which the capital expended or to be ex­
pended by the bulk-licensee in connection w ith such
supply may becom e unproductive uiion the diecon-
tiimance thereof.

(S) Notwithstanding anything in sub-clause (I ), the bulk-licensee


-shall give a supply o f energy to any distributing-licensee w ithin his
area o f supply applying therefor, even although the distributing-licenseo
desires to be supplied with only a portion of the energy required for
■diBtribution by him :
Provided that the distributing-licensee shall, if so required b y the
bulk-licensee, enter into an agreement to take such energy upon
special terms (including a minimum annual sum to be paid to the bulk-
licensee) to be determined, if necessary, b y arbitration in the manner
laid down in sub-clause U) (d).
'19i0: Act IX .] Electricity. 83

iThe Schedule.—Provisions to be deemed to he incorporated w M , and


to form fart of, every license granted under Part II, so far as not
added to, varied or excepted hy the Ucense.)
(3) The maximum price fixed by a license for energy supplied to a
distributing-liceiisee shall not apply to any partial supply given under
fiub-clause (2).
(4) Every distributing-licensee, who is supplied m th energy by a
bulk-licensee and intends to discontinue to receive such supply, shall
^ive not less than twelve months’ notice in writing of such intention
to the bulk-hcensee :
Provided that, where the distributing-licensee has entered into a
•written Eigreement with the bulk-licensee to receive and pay for a
supply of energy for a certain period, such notice shall be »given so as
not to expire before the end of that period.
C harges.
^ * * » * *
2[(Z)] 1* » * Where the licensee charges by any method jiiethodsof
^[approved by the Local Government in accordance with section 23,
C£of 1910. aub-seotion (3), clause {c), of the Indian Electricity Act, 1910,] any con­
sumer who objects to that method may, by not less than one month’s
notice in writing, require the licensee to charge him, at the licensee's
option, either by the actual amount of energy supplied to him or by
the electrical quantity contained in the supply, and thereafter the
licensee shall not, except with the consent of the consumer, charge
him by another method :
2[(^)] 1*- * Before commencing to supply energy througK
any distributing main, the licensee shail give notice, by public adver­
tisement, of the method by which he proposes to charge for energy so
supplied; and, where the licensee has given such notice, he shall not
1)8 entitled to change that method of charging without giving not less
one month’s notice in writing of such change to the Local Govern­
ment, to the local authority (if any) concerned, and to every consunier
of energy who is supplied by him jErom such distributmg toain ;
2 [( 3 i] 1* * •' If the consumQr-is jjroyided with, a ineter;in pur­
suance of the provisions of seetioti 26, sub-seotion' (i), of the, Indian
Electricity Act, 1910, ,and the licensee olianges the metthod of charging
for the energy supplied by him from the distributing main, the licensee
t Tha first pari) of ths danse an l the &st three words 'oi, each of the three provisos
swere omitted by s. 26 of the Inaian Electriqitj' (Amfindment ^ o t , 1928 (1 o f ,1922i.
of the original prpvisos Snmherftd, as'-ti's«b-c atise by •iSW,
5 JphMe words wei'8 substitiited ior the-Tffotds', "ik> sppwjyed by the .Local ;
ta^nf* % ii ii.
Electru ily. [19X0: Act I X ,

{The Schedule.— Provisions to he deemed to be incorporated with, an^


to form pari of, every license fjranUil mulcr Pwrt If, so /(ir as not
added to, mried or excepted hy the Ucense.)
shall bear the expense of pvovidiiij^ a new luotov, or suoli othei’ appuratuS'
as may bo necessary by reason of tlie new method of cliiirging.
llaximam X I. Save afs provided by clause IX , siib-clarise (3), the prices cluirgeJ
cliarges.
by the licensee for energy supplied by him shall not exceed the iimxima
fixed by his license, or, in the case of a inothod of cliiu'ge approved b y
the Local Government, siich maxima as the fjocal Goverinnent shall'
fix on ajitivoving the mothod ;
Provided, iliat, if, at any time after the expinition of seven year®
from tlie commencement of the license, the Local Govormnent con­
siders 1* * * that the inaxima so fixed or approved as aforesaid
should be altered, it 2[shall refer the matter to an Arlvisoiy Iloard and»
if the Board recommends any alteration, jnay make an order in accord­
ance with such reconnnendation], which shall have effcct llrorn, such date
as may be mentioned therein ;
Provided, also, that, where an order in pursuance of the foregoing
proviso has been made, no further order altering the maxima fixed
thereby shall be made until the expiration of another period of five years.
3[XIA. A licensee may charge a consumer a minimum charge fo r
energy of such amount and determined in such manner as may be
specified by his license, and such minimum charge shall be payable not­
withstanding that no energy has been used by the consumer during the
period for which such niinimnm charge is made,]
Charge for X II. The price to be charged by the licensee and to be paid to him,
for energy supplied for the public lamps, and the mode in which those
charges are to be ascertained, shall be settled by agi'eement between
the licensee and the Local Government or the local authority, as the
case may be, and, where any difference or diaiHite arises, the matter
shall be determined by arbitration.

Testing and Inspection.


Licensee to X III. The licensee shall eatahlish at liis own cost and keep in
eaiablish
testing sta- proper condition such number of testing stations, situated al. such places
tione and within reasonable distance from any distributing main, as the .r^ocal
keep is8trn>
zaegats for 1 The words "or is satisfied’’ were omitted hy s. W of the Indian Eiertrioity
teating. (Amfindment) Act, 1922 (1 of 1922). ^
2 tlies.e words were substituted for the words "may, after such inquiry (if anv)
it thinks fit, -make an order accordingly” by ibM. '
3 This clause was added by s. 28 o f ibid.
1910: Act I X .] Kleotrioiby. 65

(The Schedule.— Provisions to he deemed to be incorporated with, and


to form part of, every license granted under Part II , so far as not
added to, varied or excepted by the license.)
G-overnment may direct for the purpose of testing the pressiire or
periodicity of the supply of energy in the distributing main, and'shall
supply and keep in proper condition thareat, and on all premises from
which he supplies energy, such instruments for testing as an Electric
Inspector may approve, and shall supply energy to each testing station
for the purpose of testing.
X IV . The licensee shall afford all facilities for inspection and testing
of his works and for the reading, testing and inspection of his instru­
ments, and may, on each occasion of the testing of his works or the
reading, testing or inspection of any instruments, be represented by an
agent, who may be present, but shall not interfere with the reading,
testing or inspection.
X V . On the occasion of the testing of any works of the licensee by
an Electric Inspector reasonable notice thereof shall be given to the
licensee; and the testing shall be carried out at such suitable hours
as, in the opinion of the Electric Inspector, will least interfere with
the supply of energy by the licensee, and in such manner as the Electric
Inspector may think fit; but, except under the provisions of an order
made in each case in that behalf by the Local Government, the Electric
Inspector shall not be entitled to have access to, or interfere with, the
works of the licensee at any points other than those at which the licensee
himself has access to the som e:
Provided that the licensee shall not be held responsible for any
interruption or irregularity in the supply of energy which may be
occasioned by, or required by the Electric Inspector for the purpose of,
any such testing as aforesaid:
Provided, also, that the testing shall not be made in regard to any
particular poirtion of the works ofterier than once ia any three months,
unless in pursuance of an order made in each case in that beihalf by
the Local Government.
Plans.
X V I. (1) The licensee shall, after commencing to fluppjy: energy,
forthwith cause a plan to be inade of tHe area of supply,, and shall l>e made and
cause to be marked thereon the aligniaent ifand, in the case of under-
,ground works, the approximate depth] below the fliifface of all his then
I These'-words -Were'Bubstituted for-thp w o r d s h e i g h t »bov 6
t>r depth" b y s., 29 o f the Ifldian Electricity (Ameiidaient) 'A c t, IQffi (1 o f 102^.
V p lii V , ^
66. Electricity. Act I X ,

(The Schedule.— Provisions to he deemed to he incorporated with, and


to form part of, every license granted under Part II , so far as not
added to, varied or excepted hy the license.)
existing electric siipply-Iines, street-distributing boxes and other works,
anti shall once in every year cause that plan to be duly corrected so as
to show the elec^iric supply-lines, Btreet-distributing boxes and other*
works for the tune being in position. The licensee shall also, if so
required by a-n Electric Inspector, cause to be made sections allowing
the approximate level of all his existing underground works otlier than
service lines.
1[(S) Every such plan shall be drawn to such scale as the Local
Government may require ; provided that no scale shall be required
unless maps of the locality on that scale are for the time being available
to the public.]
1[(3) Every such section shall be drawn to horizontal and vertical
scales which shall be such as the Local Government may require.]
(d) Every plan and section so made or corrected, or a copy thereof,
marked with the date when it was so made or corrected, shall be kept
by the licensee at his principal office or place of business within the area
of supply, and shall at all reasonable times he open to the inspection
of all applicants, and copies thereof shall be supplied on such terms
and conditions as may be prescribed by rules under the Indian Electricity
Act, 1910.
(5) The licensee shall, if required by an Electric Inspector and,
where the Hcensee is not a local authority, by the local authority (if
any) concerned, sux^ply free of charge to such Electric Inspector or local
authority a, copy of every such plan or section duly corrected so as to .
agi’ee with the original kept at the principal office or place of business
of the licensee.
'Additional notice of certain wor]r,s.
Eieotrio*’ On the day next preceding the commencement of any such
Inspector., works as are referred to in section 13 of the Indian Electricity Act, 1910,
the licensee shall, in addition to any other notices which he may be
required to give, serve upon the Electric Inspector, or such, officer as
the Local Government may. appoint in this behalf for the area o f supply,
a notice in writing stating that he is about to commence the works, and
the nature and position of the same.