82. [ Erection of or alteration to buildings, structures, flood banks and elevation of roads
.-(1) If at any time subsequent to the erection of an overhead line (whether covered with insulating material or bare), any person proposes to erect a new building or structure or flood bank or to raise any road level or to carry out any other type of work whether permanent or temporary or to make in or upon any building or structure or flood bank or road, any permanent or temporary addition or alteration, he and the contractor whom he employs to carry out the erection, addition or alteration, shall, if such work, building, structure, flood bank, road or additions and alterations, thereto, would, during or after the construction result in contravention of any of the provisions of rule 77, 79 or 80, give notice in writing of his intention to the supplier and to the Inspector and shall furnish therewith a scale drawing showing the proposed building, structure, flood bank, road, any addition or alteration and scaffolding required during the construction.(2)(a)On receipt of the notice referred to in sub-rule (1) or otherwise, the supplier shall examine whether the line under reference was lawfully laid and whether the person was liable to pay the cost of alteration and if so, send a notice without undue delay, to such person together with an estimate of the cost of the expenditure likely to be incurred to so alter the overhead line and require him to deposit, within 30 days of the receipt of the notice with the supplier, the amount of the estimated cost.(b)If the person referred to in sub-rule (1) disputes the supplier's estimated cost of alteration of the overhead line or even the responsibility to pay such cost, the dispute may be referred to the Inspector by either of the parties whereupon the same shall be decided by the Inspector.(3)No work upon such building, structure, flood bank, road and addition or alteration thereto shall be commenced or continued until the Inspector has certified that the provisions of rule 77, 79 or 80 are not likely to be contravened either during or after the aforesaid construction:Provided that the Inspector may, if he is satisfied that the overhead line has been so guarded as to secure the protection of persons or property from injury, or risk of injury, permit the work to be executed prior to the alteration of the overhead line or, in the case of temporary addition or alteration, without alteration of the overhead line.(4)On receipt of the deposit, the supplier shall alter the overhead line within one month of the date of deposit or within such longer period as the Inspector may allow and ensure that it shall not contravene the provisions of rule 77, 79 or 80 either during or after such construction.(5)In the absence of an agreement to the contrary between the parties concerned, the cost of such alteration of the overhead line laid down shall be estimated on the following basis, namely:-(a)the cost of additional material used on the alteration giving due credit for the depreciated cost of the material which would be available from the existing line;(b)the wages of labour employed in effecting the alteration;(c)supervision charges to the extent of 15 per cent of the wages mentioned in clause (b); and(d)any charges incurred by the supplier in complying with the provisions of section 16 of the Act in respect of such alterations.(6)Where the estimated cost of the alteration of the overhead line is not deposited, the supplier shall be considered as an aggrieved party for the purpose of this rule.][82-A. Transporting and storing of material near overhead lines.-(1) No rods, pipes or similar materials shall be taken below or in the vicinity of any bare overhead conductors or lines if they are likely to infringe the provisions for clearances under rules 79 and 80, unless such materials are transported under the direct supervision of a competent person authorised in this behalf by the owner of such overhead conductors or lines.(2)Under no circumstances rods, pipes or other similar materials shall be brought within the flash over distance of bare live conductors or lines.(3)No material or earth work or agricultural produce shall be dumped or stored or trees grown below or in the vicinity of bare overhead conductors/lines so as to reduce the requisite safety clearances specified under rules 79 and 80.]
