GOVERNMENT OF JHARKHAND ENERGY DEPARTMENT

1 · Short title and commencement. (1) These rules may be called the *Works of Licen sees Rule, 2017" (2) They shall come into force on the date of their publication in the Official Gazette.

2 · Definitions. (1) In these rules unless the context otherwise requires- (a) "The Act" means the Electricity Act.,2003; (b) "occupier" of any building or land means a person in lawful occupation of thal building or land. tthe Appropriate Commission" means the Jharkhand State Regulatory commission (2) All other words and expression used herein and not delined in these rules, shall have the meanings respectively assigned t0 them in the Act 3. Licensee t0 carry out works. (1) ^ licensee may

4 · Works affecting streets; railway, canal (1) Where the exercise of any of the powers of a licensee in relation t0 the execution of any works invoives the placing of any works in, under, over , along or across any streel; part of a street; railway. canal, the licensee shall serve upon the person responsible for the repair of the street Or part of a street (hereinafier referred t0 as "the repairing authority or upon the person for the time being entitled to work the railway, canal (hereinafter referred t0 as L( works authority" ); as the case may be, a notice in writing; nOt less than 15 days before commencing the execulion of the works describing the proposed works, together with a section and plan ihereof on a scale sufficientlv large to show clearly the details of the proposed works, and not in any case smaller than one inch to eight feet vertically and sixteen inches t0 the mile horizontally and intimating the manner in which; and the time at which; it is proposed t0 interfere with of alter any existing works; and shall, upon being required to do SO by the U_

5 · Repairs and works during emergency. The licensee may; in case of emergency due t0 the breakdown of an underground electric supply-line, after informing the repairing authority or the works authority; as the case may be, of his intention t0 do so, place an overhead line without complying with provisions of rule 4:

6 · Procedure for carrying out other works near sewers, pipes or other electric line or works - (1) The licensee or any duly authorised person, as the case may be (hereinafier in this rule referred t0 as the operator" ) , shall -

7 · Alteration of the position of pipes, electric line, etc - (1) Any licensee may alter the position of any pipe (not forming part of a local authority'$ main sewer), or of any wire under or over ary place which he is authorised t0 open or break up, if such pipe or wire is likely t0 interfere with the exercise of his powers under the Act; and any person may alter the position of any electric supply-lines or works of a licensee under Or over any such place as aforesaid, if such electric supply-lines or works are likely to interfere with the lawful exercise of any powers vested in him: (2) The licensee or other person desiring to make the alteration; unless therwise agreed, shall, not iess than one month before commencing any alteration; serve upon the person for the time being entitled t0 the pipe, wire, electric supply-lines or works, as the case may be (hereinafter in this rule referred t0 as "the owner" ), a notice in writing, describing the proposed alteration, together with a section and plan thereof on a scale sufficiently large t0 show clearly the details of the proposed works, and not in any case smaller than on inch to eight feet vertically and sixteen inches t0 the mile horizontally, and intimating the time when il is t0 be commenced, and shall subsequently give such further information in relation thereto as the owner may desire;

8 · Works not repairable by the Appropriate Government, licensee or loca! authority. The licensee shall open or break up any streel nol repairable by the State Government or a local authority only with the wrilten consent ol the person by whom the street is repairable or with the written consent of the Appropriate Government: Provided that the Appropriate Government shall not give any such consent as aforesaid, until the licensee has given nolice by advertisement Or Otherwise as the

9 · Procedure for fencing, guarding, lighting and other safety mcasures relating to works and immediate reinstatement of streets, railways, sewers, drains or tunnels: 1) Where any person, in exercise of any of the powers con ferred by or under these rules opens or breaks up the soil Or pavement of any stre et; railway Or any sewer; drain, he shall-

10 · Avoidance of public nuisance, environmental damage and unnccessary damage to the public and private property by such works - The licensee shall, while carrying oui works, ensure that such works do not cause public nuisance, environmental damage and unnecessary damage to the public or private property.

1 · Manner of deposit of amount for restoration of railways etc - The licensee shall deposit the amount for restoratior of railway etc. under these rules by means of demand draft/Account transfer in favour of the officer-in charge of the maintenance of the works concerned:

12 · Manner of restoration of property affected by such works and maintenance thereof - The licensee shall carry out the restoration of property affected by works and undertake necessary maintenance thereof for one month_

13 · Determination and payment of com pensation to affected persons - Where the licensee makes default in complying with any of the provisions of these rules, he shall make full compensation for any loss or damage incurred by reason thereof to the person affected, as may be determined by the Deputy Commissioner or by any other officer authorised by the State Government in this behalf; il not agreed mutually between the parties concerned. (2) Where any difference and dispute arises as to the amount of compensation determined under sub-rule (1), the matter shall be determined by the Appropriate Commission.

14 · Procedure for deposit of compensation payable by the licensee and furnishing of security.- (1) The amount of compensation payable by the licensee under these rules shall be deposited by means of demand drafvAccount transfer. (2) The Security required to be furnished under these rules shall be in the form of Bank Guarantee from a Scheduled Bank or in any other form as may be notified by the Appropriate Government from time t0 time

15 · Determination of dispute Or difference by the Appropriate Commission - When a matter is brought t0 the Appropriale Commission for determination under these rules, the matter shall be determined by the Appropriate Commission within a period of thirty days and after hearing the parties concerned. iuL_

16 · Service 0f notice etc - Whenever a notice Or intimation is required to be served upon a person under these rules, the procedure provided under section 17lof the Act and rules made thereunder shall be followed. The notificaiion got the approval of Cabinet of Jharkhand in item no.7 on dated 05/08/2017 in reference t0 the Cabinet note of Department of Energy, Govt of Jharkhand vide letter no.2452 dated 01/08/2017. By order of the Governor; 5' VOkuuu 7616 ~i ) (Dr. Nitin Kulkarni) Secretary . Energy Department