R.1 Short title and commencement.

       .—(1) These rules may be called the Works of Licensees Rules, 2006.
       (2) They shall come into force on the date of their publication in the Official Gazette.
       
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       1. Vide G.S.R. 217(E), dated 18th April, 2006, published in the Gazette of India, Extra., Pt. II, Sec. 3(i), dated 18th April, 2006.
       

R.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 that building or land.
       (2) All other words and expression used herein and not defined in these rules, shall have the meanings respectively assigned to them in the Act.

R.3 Licensee to carry out works.

       .—(1) A licensee may—
       (a) carry out works, lay down or place any electric supply line or other works in, through, or against, any building, or on, over or under any land whereon, whereover or whereunder any electric supply-line or works has not already been lawfully laid down or placed by such licensee, with the prior consent of the owner or occupier of any building or land;
       (b) fix any support of overhead line or any stay or strut required for the purpose of securing in position any support of an overhead line on any building or land or having been so fixed, may alter such support:
        Provided that in case where the owner or occupier of the building or land raises objections in respect of works to be carried out under this rule, the licensee shall obtain permission in writing from the

R.4 Works affecting streets, railway, tramway, canal or waterway.

       .—(1) Where the exercise of any of the powers of a licensee in relation to the execution of any works involves the placing of any works in, under, over, along or across any street, part of a street, railway, tramway, canal or waterway, the licensee shall serve upon the person responsible for the repair of the street or part of a street (hereinafter referred to as “the repairing authority”) or upon the person for the time being entitled to work the railway, tramway, canal or waterway (hereinafter referred to as ‘’works authority”), as the case may be, a notice in writing, not less than 15 days before commencing the execution of the works describing the proposed works, together with a section and plan thereof on a scale sufficiently 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 to the mile horizontally and intimating the manner in w

R.5 Repairs and works during emergency.

       The licensee may, in case of emergency due to 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 to do so, place an overhead line without complying with the provisions of rule 4:
       Provided that such overhead line shall be used only until the defect in the underground electric supply-line can be made good, and in no case (unless with the written consent of the repairing authority, works authority or occupier as the case may be) for a period exceeding six weeks, and shall be removed as soon as may be after such defect is removed.

R.6 Procedure for carrying out other works near sewers, pipes or other electric lines or works.

       .—(1) The licensee or any duly authorised person, as the case may be (hereinafter in this rule referred to as “the operator”), shall—
       (a) where the licensee requires to dig or sink any trench for laying down any new electric supply-lines or other works, near to which any sewer, drain, water-course or work under the control of the State Government or of any local authority, or any pipe, syphon, electric supply-line or other work belonging to any duly authorised person, has been lawfully placed; or
       (b) where any duly authorised person is required to dig or sink any trench for laying down or constructing any new pipes or other works, near to which any electric supply-lines or works of a licensee have been lawfully placed,
       unless it is otherwise agreed upon between the parties interested or

R.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’s main sewer), or of any wire under or over any place which he is authorised to open or break up, if such pipe or wire is likely to 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 otherwise agreed, shall, not less than one month before commencing any alteration, serve upon the person for the time being entitled to the pipe, wire, electric supply-lines or works, as the case may be (hereinafter in this rule referred to as “the owner”), a notice in writing, describing

R.8 Works not repairable by the Appropriate Government, licensee or local authority.

       The licensee shall open or break up any street not repairable by the Central Government or the State Government or a local authority only with the written consent of 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 notice by advertisement or otherwise as that Government may direct, and within such period as that 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 that Government.

R.9 Procedure for fencing, guarding, lighting and other safety measures relating to works and immediate reinstatement of streets, railways, sewers, drains or tunnels.

       .—(1) Where any person, in exercise of any of the powers conferred by or under these rules opens or breaks up the soil or pavement of any street, railway or tramway, or any sewer, drain or tunnel, he shall—
       (a) immediately cause the part opened or broken up to be fenced and guarded and fix caution boards to alert traffic;
       (b) cause a light or lights, sufficient for the warning of passengers before sunset, to be set up and maintained until sunrise against or near the part opened or broken up;
       (c) make suitable arrangements for smooth flow of traffic;
       (d) fill in the ground and reinstate and make good the soil or pavement, or the sewer, drain or tunnel, opened or broken up with all reasonable speed, and carry away the rubbish occasioned by

R.10 Avoidance of public nuisance, environmental damage and unnecessary damage to the public and private property by such works.

       The licensee shall, while carrying out works, ensure that such works do not cause public nuisance, environmental damage and unnecessary damage to the public or private property.

R.11 Manner of deposit of amount for restoration of railways, tramways, waterways etc.

       The licensee shall deposit the amount for restoration of railways, tramways, waterways etc. under these rules by means of demand draft in favour of the officer-in-charge of the maintenance of the works concerned.

R.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.

R.13 Determination and payment of compensation to affected persons.

       .—(1) 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 District Magistrate or by any other officer authorised by the State Government in this behalf, if 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.

R.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 draft.
       (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 to time.

R.15 Determination of dispute or difference by the Appropriate Commission.

       When a matter is brought to the Appropriate 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.

R.16 Service of notice etc.

       Whenever a notice or intimation is required to be served upon a person under these rules, the procedure provided under section 171 of the Act and rules made thereunder shall be followed.