Electricity Act, 1987 (Act No. 41 of 1987)

25. Breaking up of Streets by Undertaker
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(1)Notwithstanding the provisions of any law but subject to the provisions of this section, an undertaker may break up any street within its area of supply, and may erect posts and lay or construct pipe lines or power lines along, under or over any such street, and from time to time repair, alter or remove any such posts or lines so erected, laid or constructed: Provided that the authority or person having the control of such street shall have a prior right to break up and repair such street with reasonable despatch at payment to him of a reasonable charge by the undertaker.

 

(2)An undertaker shall, not less than 30 days before exercising any power conferred upon him by this section, give notice in writing to the authority or person concerned of his intention to do so, except in a case of emergency, and in such case he shall give such notice as soon as possible after the emergency has arisen,

 

(3)The powers conferred upon an undertaker by this section shall, except in a case of emergency, be exercised only under the superintendence of the authority or person concerned and according to a plan showing the route and in terms of specifications approved by that authority or person, or, if any dispute arises in respect of such plan, route or specifications, as may be approved by the regulator: Provided that if the said authority or person fails to exercise the powers of superintendence herein conferred after notice as aforesaid has been given, the undertaker may exercise those powers without such superintendence.

 

(4)Whenever an undertaker carries out any work authorised by this section, he shall comply with the by-laws (if any) of the authority or person concerned and shall complete that work occasioned thereby and shall, while the street is broken up or obstructed, cause the works to be at all times fenced and guarded and, during the night, adequately lit.

 

(5)If an undertaker fails to carry out any work referred to in subsection (4), the said authority or person may cause any work not carried out, or unreasonably delayed, to be executed at the expense of the said undertaker,

 

(6)An undertaker shall pay to the said authority or person the costs reasonably and necessarily incurred by such authority or person in exercising any superintendence under this section.

 

(7)Nothing in this section contained shall be construed as relieving an undertaker from any liability in respect of any loss or damage caused by his negligence in carrying out such work or by his failure to comply with the provisions of this section.

 

(8)For the purposes of this section, "street" includes any road, square or open or enclosed public place the control or care of which is vested in any authority or person.