(1) The local authority may, by order in writing, confer and impose upon any person, who has obtained the sanction of the State Government under Section 28 to engage in the business of supplying energy, to the public, all or any of the powers and liabilities of a licensee under Sections 12 to 19, both inclusive, and the provisions of the said sections shall thereupon apply as if such person were a licensee under Part II.
(2) A local authority, not being a licensee, shall, for the purpose of lighting any street, have the powers and be subject to the liabilities respectively conferred and imposed by Sections 12 to 19 (both inclusive), so far as applicable, as if it were a licensee under Part II.
(3) In cases other than those for which provision is made by subsection
(1), the person responsible for the repair of any street may, by order in writing, confer and impose upon any person who proposes to transmit energy in such street all or any of the powers and liabilities of a licensee under Sections 12 to 19 (both inclusive), ill 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 supply-lines in, under, along or across such street, or
(c) Repairing, altering or removing such electric supply-lines, and thereupon the provisions of the said sections shall, so far as aforesaid, apply to such person as if he were a licensee under Part II.
(4) If no order is made within fourteen days after the receipt of an application for the same under sub-section (1) or subsection (3), the order so applied for shall he deemed to have been refused, and every order, and every refusal to make all order, under sub-section
(1) or subsection (3), shall be subject to revision by the State Government.
29A. Application of Section 18 to over-head lines maintained by railways.
The provisions of sub-section (3) and (4) of Section 18 and of the
Explanation thereto shall apply in the case of any overhead line placed by any railway administration as defined in Section 3 of the Indian Railways Act, 1890 (9 of 1890), as if references therein to the licensee were references to the railway administration.
30. Control of transmission and use of energy.
(1) No person other than a licensee or a person to whom sanction is granted under Section 28, duly authorised under the terms of his license or sanction, as the case may be, shall transmit or use energy at a rate exceeding two hundred and fifty watts and one hundred volts-
(a) In any street, or
(b) In any place, -
(i) In which one hundred or more persons are likely ordinarily to he assembled, or
(ii) Which is a factory within the meaning of the Factories Act, 1948 i’63 of 1948) or a mine within the meaning of the Mines Act, 1952 (35 ol’ 1952), or
(iii) To which the State Government, by general or special order, declares the provisions of this subsection to apply, without giving, before the commencement of transmission or use of energy, not less than seven days’ notice in writing of his intention to the Electrical Inspector and to Hit, District Magistrate, or in a presidency-town to the Commissioner of Police, containing particulars of the electrical installation and plant, if any, the nature and the purpose of’ supply, and complying with such of the provisions of Part IV, and of the rules Lines thereunder, as may be application.
Provided that nothing in this section shall apply to energy used for the public carriage of passengers, animals or goods, on, or for the lighting or ventilation of the rolling stock of, any railway or tramway subject to the provisions of the Indian Railways Act, 1890 (9 of I 8 0):
Provided, also, that the State Government may; by general or special order and subject to Such conditions and restrictions as may be specified 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, or using energy supplied under Part II in any place specified in clauses (h).
(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 State Government, and the (Decision of the State Government thereon shall be final.
(3) The provisions of this section shall be binding on the Government.
PART IV GENERAI, Protective Clauses