Section 19
Power to enter non-State land for purposes of construction
of Electricity Supply Enactment 2024
Whenever it is necessary for the purpose of installing any system of supply of electricity under this Enactment, a licensee may lay, place or carry on, under or over any land, other than State land, such posts and other equipment as may be necessary or proper for the purposes of the licensed installation, as the case may be, and may take such other action as may be necessary to render the installation safe and efficient, paying full compensation in accordance with section 24 to all persons interested for any disturbance, damage or disability that may be caused thereby.
(2)
Before entering on any land for the purpose specified in subsection (1), the licensee shall give a notice stating as fully and accurately as possible the nature and extent of the acts intended to be done.
(3)
The notice given under subsection (2) shall be in the form set out in the
First Schedule and the Collector shall enquire into any objection that may
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have been made as herein after provided.
(4)
The aforesaid notice shall be served on the owner, the officer or any other person in charge of the land and may be sent by registered post or be left at the usual or last known place of abode of the person to whom it is to be served.
(5)
Any of the persons mentioned in subsection (4) may, within fourteen days of the receipt of the notice under subsection (2), lodge an objection to the intended acts of the licensee to the Collector in writing.
(6)
If no objection is lodged under subsection (5), the licensee may forthwith enter on the land and do all or any of the acts specified in the notice given under subsection (2).
(7)
If an objection is lodged and is not withdrawn before the date fixed for the hearing thereof, the Collector shall hold an enquiry requiring the owner, the officer or any other person in charge of the land to show cause why the licensee should not enter the land, giving all parties an opportunity to be heard.
(8)
Upon the conclusion of the enquiry the Collector may, either unconditionally or subject to such terms, conditions and stipulations as he thinks fit, make an order authorizing or prohibiting any of the acts mentioned in the notice given under subsection (2), the order shall be in the form set out in the Second Schedule.
(9)
Any party who is dissatisfied with the Collector’s order may within twenty-one days after the order appeal against such an order to the Director which may then uphold, set aside or vary the order upon such terms, conditions and stipulations as he thinks fit.
(10)
The Collector may, if he thinks fit, in lieu of making an order under subsection (8), decide any land or part of any land included in a notice given under subsection (2) to be acquired in accordance with the procedure under the Land Acquisition Ordinance [Cap. 69].
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(11)
The decision of the Director under this section shall be final.
(12)
Notwithstanding any provisions of the Land Ordinance, the Registrar —
(a)
upon the production to him of the notice issued by the licensee under subsection (2) together with the statement by the Collector that no objection had been lodged by any of the persons mentioned in subsection (4); or
(b)
upon the production to him of the order made under subsection
(8)
and upon the deposit with him of a certified copy of such order, shall cause to be made on the title relating to the land affected by the notice or order, as the case may be, a note the existence of the rights under such notice or order.