1*[(1) No person, other than a licensee, shall engage in the business of supplying energy to the public except with the previous sanction of the State Government and in accordance with such conditions as the state Government may fix in this behalf, and any agreement to the contrary shall be void.
(1A)The State Government shall not give any sanction under sub-section (1)-
(a) Except after consulting the State Electricity Board; and
(b) Except with the consent-
(i) In any case where energy is to be supplied in any area for which a local authority is constituted, of that local authority;
(ii) In any case where energy is to be supplied in any area forming part of any cantonment, aerodrome, fortress, arsenal, dockyard or camp or of any building or place in the occupation of the Government for defence purposes, of the Central Government;
(iii) In any area falling within the area of supply of a licensee, of that licensee:
Provided that except in a case falling under sub-clause(ii), no such consent shall be necessary if the state Government is satisfied that such 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 2 [to the public] within the meaning of sub-section (1), the matter shall be referred to the State Government, and the decision of the State Government thereon shall be final.
(1) The local authority may, by order in writing, confer and impose upon any person, who has obtained the sanction of the State Government under section 28 to engage in the business of supplying energy, 1*[to the public], 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 State Government.
29A -2* Application of section 18 to over-head lines maintained by railways
The provisions of sub-sections (3) and (4) of section 18 and of the Explanation thereto shall apply in the case of any2[overhead line] placed by any railway administration as defined3[in clause(32) of section 2 of the Railways Act, 1989 (24 of 1989),] as if references therein to the licensee were references to the railway administration.]
(1) 1*[Save as otherwise exempted under this Act, no person other than Central Transmission Utility, State Transmission Utility, a transmission licensee, a licensee or a person to whom sanction is granted under section 28, duly authorised under the terms of his license or sanction, as the ace may be, shall transmit or use energy at a rate exceeding two hundred and fifty watts and one hundred volts-]
(a) In any street, or
(b) In any place,-
(i) In which one hundred or more persons arc likely ordinarily to be assembled, or
(ii) Which is a factory within the meaning of the Factories Act, 1948 (63 of 1948) or a mine within the meaning of the Mines Act, 1952 (35 of 1952), or
(iii) To which the state Government, by general or special order, declares the provisions of this sub-section to apply, without giving, before the commencement of transmission or use of energy, not less than seven days' notice in writing of his intention to the Electrical Inspector and to the District Magistrate, or in a presidency-town to the Commissioner of Police, containing particulars of the electrical installation and plant, if any, the nature and the purpose of supply, 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 2 [the Railways Act, 1989 (24 of 1989)]:
Provided, also, that the State 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 state Government, and the decision of the State Government thereon shall be final.
(3) The provisions of this section shall be binding on the Government.
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