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The Electricity Act, 1910

( ACT NO. IX OF 1910 )

এই আইন বিদ্যুৎ আইন, ২০১৮ (২০১৮ সনের ৭ নং আইন) দ্বারা রহিত করা হইয়াছে।

Sanction required by non-licensees in certain cases
28. (1) No person, other than a licensee, shall engage in the business of supplying energy except with the previous sanction of the Government and in accordance with such conditions as the Government may fix in this behalf, and any agreement to the contrary shall be void:Provided 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 of supply of any licensee, without that licensee's consent, unless the Government considers that consent has 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 sub-section (1), the matter shall be referred to the Government, and the decision of the Government thereon shall be final.
 
 
(3) The Government may, if in its opinion the public interest so requires, cancel or discontinue, at any time, the sanction given under sub-section (1).
 
 
(4) Where the Government revokes, cancels or discontinues a sanction given under sub-section (1), the provisions of section 5 shall apply mutatis mutandis.
Power for non-licensees to break up streets
29. (1) The local authority may, by order in writing, confer and impose upon any person, who has obtained the sanction of the Government under section 28 to engage in the business of supplying energy, 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 sub-section (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), 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 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 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 Government.
Application of section 18 to aerial lines maintained by railways
1[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 by any railway administration as defined in section 3 of the Railways Act, 1890, as if references therein to the licensee were references to the railway administration.]
Control of transmission and use of energy
30. (1) No person, other than a licensee duly authorized under the terms of his license, shall transmit or use energy at a rate exceeding 2[one kilowatt],-
 
 
(a) in any street, or
 
 
(b) in any place,
 
 
(i) in which one hundred or more persons are likely ordinarily to be assembled, or
 
 
(ii) which is a factory within the meaning of the 3[Factories Act, 1965,] or
 
 
(iii) which is a mine within the meaning of the 4[Mines Act, 1923,] or
 
 
(iv) to which the Government, by general or special order, declares the provisions of this sub-section to apply,
 
 
5[without obtaining permission from the Government] and complying with such of the provisions of Part IV, and of the rules made thereunder, as may be applicable:
 
 
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 Railways Act, 1890:
 
 
Provided, also, that the 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 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 Government, and the decision of the Government thereon shall be final.
 
 
(3) The provisions of this section shall be binding on the Government.

  • 1
    Section 29A was inserted by section 2 of the Indian Electricity (Amendment) Act, 1923 (Act No. XL of 1923)
  • 2
    The words “one kilowatt” were substituted, for the words “two hundred and fifty watts” by section 9 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983).
  • 3
    The words, commas and figure “Factories Act, 1965,” were substituted, for the words, commas and figure “Indian Factories Act, 1911,” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
  • 4
    The words, commas and figures “Mines Act, 1923,” were substituted, for the words, commas and figure “Indian Mines Act, 1901,” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
  • 5
    The words “without obtaining permission from the Government” were substituted, for the words “without giving not less than seven clear days’ notice in writing of his intension to the District Magistrate” by section 9 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983).
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