Section 67. (Provisions as to opening up of streets, railways, etc)

Section 67. (Provisions as to opening up of streets, railways, etc): — (1) A

licensee may, from time to time but subject always to the terms and conditions of

his licence, within his area of supply or transmission or when permitted by the

terms of his licence to lay down or place electric supply lines without the area of

supply, without that area carry out works such as –

(a) to open and break up the soil and pavement of any street,

railway or tramway;

(b) to open and break up any sewer, drain or tunnel in or under

any street, railway or tramway;

(c) to alter the position of any line or works or pipes, other than

a main sewer pipe;

(d) to lay down and place electric lines, electrical plant and

other works;

(e) to repair, alter or remove the same;

(f) to do all other acts necessary for transmission or supply of

electricity.

(2) The Appropriate Government may, by rules made by it in this behalf,

specify, –

(a) the cases and circumstances in which the consent in writing

of the Appropriate Government, local authority, owner or

occupier, as the case may be, shall be required for carrying

out works;

(b) the authority which may grant permission in the

circumstances where the owner or occupier objects to the

carrying out of works;

(c) the nature and period of notice to be given by the licensee

before carrying out works;

 (d) the procedure and manner of consideration of objections and

suggestion received in accordance with the notice referred to

in clause (c);

(e) the determination and payment of compensation or rent to

the persons affected by works under this section;

(f) the repairs and works to be carried out when emergency

exists;

(g) the right of the owner or occupier to carry out certain works

under this section and the payment of expenses therefor;

(h) the procedure for carrying out other works near sewers,

pipes or other electric lines or works;

(i) the procedure for alteration of the position of pipes, electric

lines, electrical plant, telegraph lines, sewer lines, tunnels,

drains, etc.;

(j) the procedure for fencing, guarding, lighting and other

safety measures relating to works on streets, railways,

tramways, sewers, drains or tunnels and immediate

reinstatement thereof;

(k) the avoidance of public nuisance, environmental damage

and unnecessary damage to the public and private property

by such works;

(1) the procedure for undertaking works which are not

repairable by the Appropriate Government, licensee or local

authority;

(m) the manner of deposit of amount required for restoration of

any railways, tramways, waterways, etc.;

(n) the manner of restoration of property affected by such works

and maintenance thereof;

(o) the procedure for deposit of compensation payable by the

licensee and furnishing of security; and

(p) such other matters as are incidental or consequential to the

construction and maintenance of works under this section.

(3) A licensee shall, in exercise of any of the powers conferred by or under

this section and the rules made thereunder, cause as little damage, detriment

and inconvenience as may be, and shall make full compensation for any damage,

detriment or inconvenience caused by him or by any one employed by him.

(4) Where any difference or dispute [including amount of compensation

under sub-section (3)] arises under this section, the matter shall be determined by

the Appropriate Commission.

(5) The Appropriate Commission, while determining any difference or dispute

arising under this section in addition to any compensation under sub-section (3),

may impose a penalty not exceeding the amount of compensation payable under

that sub-section.