Section 18
of Telecommunications Act 1950
Section 18
Where in the opinion of the telecommunication authority, there is at any time danger or suspected danger that any tree (which term in this section includes undergrowth) standing or lying near a telecommunication line may interrupt or interfere with telecommunications or cause damage to any telecommunication line, the telecommunication authority may cause the tree to be felled or dealt with in such other manner as will, in its opinion, avert the danger.
(2)
Where a tree, which has been felled or otherwise dealt with under subsection (1), was in existence before the telecommunication line was placed, erected or installed, the telecommunication authority, may pay to any person interested in the tree such sum as may be agreed by way of compensation; and in default of agreement shall report the matter to the officer charged under the National Land Code, or under any written law corresponding thereto which is in force in any State, with the collection of land revenue
TELECOMMUNICATIONS from the land on which the tree is situate, who after giving an opportunity of being heard to all persons interested, shall award, and if necessary shall apportion, such compensation as he thinks reasonable; and such award shall be final.
(3)
In the event of the owner or occupier of any land felling or clearing any tree or vegetation adjacent to any telecommunication line, such owner or occupier shall give to the telecommunication authority notice in writing of his intention so to do and shall take all reasonable precautions as the telecommunication authority may require for the protection of the telecommunication line.
(4)
If any such owner or occupier fails to give notice as hereinbefore provided, or having given notice fails to take any such precautions as the telecommunication authority may have required, he shall be liable to pay to the telecommunication authority all costs and expenses incurred in repairing the line and re-establishing communication; and for the purposes of this subsection the certificate of the telecommunication authority as to the costs and expenses incurred shall be conclusive.
(5)
If the amount due for costs and expenses be not paid within seven days after demand the telecommunication authority may report the same to a President or a Magistrate and the amount may be recovered in the same way as if it were a fine imposed by the President or Magistrate.
(6)
If any trees or vegetation are felled or cleared upon land adjacent to any telecommunication line it shall be presumed until the contrary is proved that the trees or vegetation were felled or cleared by the owner or occupier of the land or by his servants or agents acting as such.