12. Provision as to the opening and breaking-up of streets, railways and tramways .-(1) Any licensee may, from time to time but subject always to the terms and conditions of his license, within the area of supply, or, when permitted by the terms of his license to lay down or place electric supply-lines without the area of 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 sewer, drain or tunnel in or under any street, railway or tramway;(c)lay down and place electric supply-lines and other works;(d)repair, alter or remove the same; and(e)do all other acts necessary for the due supply of energy.(2)Nothing contained in sub-section (1) shall be deemed to authorise or empower a licensee, without the consent of the local authority or of the [owner or 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 already been lawfully laid down or placed by such licensee:Provided that any support of an [overhead line] [ Substituted by Act 32 of 1959, Section 2, for " aerial line" .] or any stay or strut required for the sole purpose of securing in position any support of an [overhead line] [ Substituted by Act 32 of 1959, Section 2, for " aerial line" .] may be fixed on any building or land or, having been so fixed, may be altered, notwithstanding the objection of the owner or occupier of such building or land, if the District Magistrate or, in a Presidency-town [* * *] [ The words " or Rangoon" omitted by A.O. 1937.], the Commissioner of Police by order in writing so directs:Provided also, that, if at any time the owner or occupier of any building or land on which any such support, stay or strut has been fixed shows sufficient cause, the District Magistrate or, in a Presidency-town [* * *] [The words " or Rangoon" omitted by A.O. 1937. ], 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 should in his opinion be paid by the licensee to the owner or occupier.(4)Every order made by a District Magistrate or a Commissioner of Police under sub-section (2) shall be subject to revision by the State Government.(5)Nothing contained in sub-section (1) shall be deemed to authorise or empower any licensee to open or breakup any street not repairable by [the Central Government or the [State Government] [ Substituted by A.O. 1937, for " the Government" .] 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 breakup by his license, without the written consent of the person by whom the street is repairable or of the person for time being entitled to work the railway or tramway, unless with the written consent of the State Government:Provided that the State Government shall not give any such consent as aforesaid, until the licensee has given notice by advertisement or otherwise as the State Government may direct, and within such period as the State 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 State Government.(6)[ In this section, "occupier" of any building or land means a person in lawful occupation of that building or land] [ Inserted by Act 32 of 1959, Section 11.].
