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La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
➢ EXTRAORDINAIRE EXTRAORDINARY
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▪ ➢ 2018 } | 11 { No. 69 Poudouchéry Mardi 11 Décembre 2018
No. Puducherry Tuesday 11th December 2018
(20 Agrahayana 1940)
GOVERNMENT OF PUDUCHERRY
INDUSTRIAL DEVELOPMENT (POWER) DEPARTMENT
(G.O. Ms. No. 36, Puducherry, dated 5th December 2018)
NOTIFICATION
Approval of the Lieutenant-Governor, Puducherry, is hereby conveyed for the Scheme for Utilization of electricity poles for the purpose of stringing cable, broad-band wires for the purpose of Right of Way and installing advertisement boards, bill boards and other forms of advertisement, etc., in the Union territory of Puducherry as per the Scheme Guidelines attached herewith.
(By order of the Lieutenant-Governor)
CHAURE RATNAGHOSH KISHOR, Under Secretary to Government (Power).
[963] 964 LA GAZETTE DE L'ETAT [PART–II
Scheme for Usage of Electricity Poles for Services other than
Electrical Supply
The Government of Puducherry has framed a Scheme for Utilization
of electricity poles for the purpose of stringing Cable TV wires,
Broad-band wires for the purpose of Right of Way and installing
advertisements boards, bill boards and other forms of advertisement, etc.,
Short title and commencement.— (a) "Scheme for usage of
electricity poles for services other than electrical supply."
(b) The Scheme shall come into force with immediate effect from
the date of publication in the Official Gazette. However, the existing cable
TV operators, optical fibre operator, broad-band operator, advertising
agency, etc., presently using the existing infrastructure for stringing the
wires, etc., may register and regularise their activities by making the
payment of the required charges within one month from the date of
notification of this Scheme.
1. Introduction.— The Electricity Department, Government of
Puducherry, seeks to promulgate Guidelines to regulate activities of
agencies utilizing electricity poles unauthorizedly for stringing
broad-band wires and cable TV cables as well as installing advertising
boards, bill boards and other forms of advertisement.
2. Objective.— (1) To curb the misuse of using the electricity poles
and also avoid objectionable advertisements.
(2) to ensure additional revenue to the Department.
3. Usage of Electricity Poles.— (i) Subject to no-interference with
electricity supply or street light illumination, electric poles may be
permitted to be utilized, for the purpose of stringing cables of optical
fiber cables/broad band/cable TV network, etc., as well as advertisement
boards, on payment of due fees fixed for the purpose.
(ii) The cable TV operator, optical fiber operator, broad-band
operator advertising agency, etc., so using the electricity poles shall be
hereafter called as 'User'.
965
PART–II] LA GAZETTE DE L'ETAT
(iii) Such usage by user shall be subject to prior written approval
of the Electricity Department. The serial number of such approval shall
need to be written/displayed on advertisement board/cable, such that it
is visible to naked eye.
(iv) Such usage shall be strictly regulated in terms of Guidelines
prescribed in this Scheme.
4. Technical specifications.— (i) The electricity pole may be
utilised for stringing any type of cable provided that the maximum
permissible weight of the supporting wire and/or cable taken together
should not exceed 200 grams per meter length and such hanging/stringing
does not exceed 50 metres in length pole to pole. However, the number
of cables allowed to be strung between the street light poles is restricted
to a maximum of 10. The cable or their supporting wires along with any
other equipment shall be strung at a distance of at least 2.5 metres, below
the position where electricity supply wire/cables or street light is
positioned. The current rating of the cable TV cable/optical fibre cable/
broad-band cable should be limited maximum up to 5 mA. Minimum 12"
spacing between the telephone cable and TV cable has to be maintained.
Provided that the cable shall not pass through/connected to
transformer structures.
Provided that the cables shall be taken by providing suitable
brackets/clamps without tying directly on the pole, such that there
should not by any hindrance to carry out the maintenance works.
Provided that the cables being strung from electricity poles shall
not cross the public roads or the electricity supply lines.
Provided further that where inevitably need to cross any public
road or the electricity supply lines, then prior approval of the Executive
Engineer of the concerned Division shall be taken in writing. The
concerned Executive Engineer shall decide the safe height above the
road where the stringing of the cables could be permitted, but, the same
shall in no case be less than 4.5 metres at the lowest hanging point of
the cable as per the road crossing Guidelines, whichever is higher shall
be considered.
966 LA GAZETTE DE L'ETAT [PART–II
(ii) Only the poles which are provided exclusively for street
lighting could be utilised for one side or both sides advertisement
through bill boards/advertising boards. Such advertising/bill boards shall
not exceed the maximum dimensions of 1.5 metres X 1.0 metres at any point
and only maximum two numbers of boards are allowed in a street light pole.
5. Illustration.— For Circular advertising board, the maximum
diameter shall be 1 metre only and in case of elliptical advertisement
board, the length of major and minor axis shall not exceed 1.5 metres
and 1.0 metre respectively. For triangular or any other shape
advertisement boards not mentioned here, the maximum length of each
side shall not exceed 1.0 metre.
(i) The maximum length of each side of the advertisement
boards shall not exceed 1.0 metre.
(ii) The weight of these advertisement boards shall not exceed
5 kgs. along with all the accessories required for holding the board on
the electricity pole with proper insulation.
(iii) The advertisement boards shall be clamped or attached to
the electricity pole through proper insulation and in a manner to be
determined while granting the permission. The minimum ground
clearance for advertisement board shall be around 4.0 metres.
6. Rental Charges.— (i) For cables and broad-band wires the
minimum charges shall be ` 2,000 for a block of 3 months for up to
maximum of first 500 metres or use of 10 electricity poles, whichever has
a lower line span and thereafter, every metres shall be charged at the
rate of ` 3 per metre per quarter.
(ii) For advertisement boards, the monthly rental per side of
board shall be ` 150 per month. If, advertisement board contains more
than two sides, then, it shall be charged @ ` 100 per side per face per
month.
967
PART–II] LA GAZETTE DE L'ETAT
(iii) The rates could be revised at any point of time and consequent to such revision the revised rates shall apply after the quarter of the year in which such a revision comes into effect. However, to counter the impact of inflation, the rates shall increase by 10% of the rate prevail in the last quarter on 1st April of the financial year (1st quarter), unless the Government decides to vary the default rate of change.
(iv) Discounted rates - the rates indicated at (i) and (ii) above shall carry a discount of 50% including on minimum charges for the areas covered under Commune Panchayats.
(v) An amount of equivalent to 3 months of rental shall be
charged as advance at the time of granting permission.
7. Contract period.— (i) Any person/advertsing agency/cable TV and broad-band operator shall be allowed usage of the electricity poles for minimum period of 3 months and for a maximum period of 2 years. The same could be extended for a maximum of 1 year at a time for an additional period.
(ii) The Electricity Department reserves the right to terminate the contract period in case of any violation of the Guidelines stipulated in the Scheme or in case of any technical requirements. In the event, the contract is terminated by the Department for any reason, then, the balance amount of charges, paid to the Department shall be refunded on pro-rata basis at an interest rate of 6% per annum.
8. Penal Charges.— (i) Penal charges shall be recoverable for failure of use to remit payment of quarterly rental in advance of the beginning of every quarter and will result in termination of contract and the advance payment, if any, forfeited.
(ii) The penalty shall be equal to the rental amount for the balance period of contract along with interest of 15% on the delayed payment.
(iii) In addition, the advertisement boards/cables/broad-band wires shall be removed, at the risk and cost of user and usurped by the Department without any further notice to the user. Only on payment of penalty as at (ii) above, the user shall be entitled to claim back the
usurped material.
968 LA GAZETTE DE L'ETAT [PART–II
(iv) The user could also be blacklisted for violations on account
of default in timely payment of rentals.
(v) The Assistant Engineer concerned would also register
a complaint against the user in the concerned Police Station in case the
cable or advertisement is installed unauthorisedly.
9. Indemnification and Insurance.— (i) The cable/broad band
wires/advertisement board shall be installed at sole risk of the person/
advertising agency/cable TV operator, and the user shall be solely
responsible for all consequences arising out of any damage, including
to any property or life.
(ii) The Department shall not be liable for any damage to any
property or life caused thereof.
(iii) The person/advertising agency/cable TV and broad-band
operator would need to have an insurance policy for third party damages,
including damage to Government property, from such usage and for
indemnifying the Department and its officials from any consequences
flowing out of the usage of electricity poles.
(iv) A Security Deposit of an amount of ` 10,000 (Rupees ten
thousand only) shall be paid by the cable TV/broad-band operators and
` 5,000 (Rupees five thousand only) by the advertising agencies.
10. Periodical Inspection.— Periodical Inspection shall be carried
out by the jurisdictional Engineers/staff of the Department and action
shall be taken if any, violation is noticed.
11. Transfer of Ownership.— Transfer of ownership of the firm or
sell the user rights to any person shall not be carried out without the
permission of the Department.
12. Authority to grant permission.— The Executive Engineer of
the Division of Electricity Department in whose jurisdiction electricity
pole is situated/located shall be the competent authority to grant
permission and Assistant Engineers collect rental charges.
969
PART–II] LA GAZETTE DE L'ETAT
13. Interpretation of the provisions of this Scheme.— If, any
question arises regarding interpretation of any expressed or implied
clause, word, expression concerning the Scheme, the decision shall rest
with the Electricity Department, Government of Puducherry and its
decision shall be final and binding on all concerned.
14. Redressal of grievances and dispute.— (i) Grievances or
disputes, if any, arising out of implementation of this Scheme shall be
referred to the concerned Superintending Engineer-O&M, Electricity
Department, Puducherry who shall hear and decide such matters and
his decision thereon shall be final and binding on all concerned. Appeal
against his decision will lie with the Superintending Engineer-cum-Head
of the Department, Electricity Department, Government of Puducherry.
(ii) If, any difficulty arises in giving effect to any of the
provision of these Schemes or there is a dispute regarding interpretation
of any provision, the matter may be referred to the Committee, who after
consulting the parties effected, where judged necessary, pass necessary
orders to resolve the matter. The Committee shall comprise of
Superintending Engineer-cum-Head of the Department, Superintending
Engineer-MP & OR, Superintending Engineer-O&M, Puducherry and
Under Secretary to Government (Power).
15. Advertisement ethics.— The advertising boards shall need to
comply with advertisement ethics and hence, cannot be used to display
any objectionable advertisements such as tobacco, psychotropic and
narcotic products, containing any vulgarity and which could cause any
harm or hatred towards any religion, caste or creed, or create law and
order problems. The advertising agencies shall invariably obtain the
concurrence of the concerned Municipalities/Commune Panchayats for
the advertising materials and produce the same at the time of registration
for the approval of the Department.
16. Amendments and relaxation of the provisions.— The Government
shall be empowered to amend any or all of the clauses or conditions of
this Scheme to deal with in genuine hardship.
970 LA GAZETTE DE L'ETAT [PART–II
GOVERNMENT OF PUDUCHERRY
ELECTRICITY DEPARTMENT
(Form for use of Electricity Department's Infrastructure for
Miscellaneous Activities)
To:
The Executive Engineer,
(Name of the Division),
Electricity Department,
Government of Puducherry.
Sir,
This requisition is for use of your existing electrical infrastructure
such as pole for the purpose mentioned here below covering area within
the jurisdiction of your Division.
I/We hereby request you, issue us the necessary permission. The
jobs shall be carried out as per the Guidelines issued by Department
strictly adhering to the safety norms and maintaining the permitted
clearances as per the Indian Electricity Rules, Central Electricity
Authority Regulations and Electricity Act, 2003. Location specified being
within the area under your jurisdiction.
The details are as stated here below :-
(1) Agency's/Applicant's name/Address (In Block Letters): ........
........................................................................................................................
........................................................................................................................
(2) Agency's/Applicant's Telephone No..........................................
Mobile No..................................................
1. Status of the applicant with respect to the premises
(i.e., Owner/Occupier/Authorized Person/Director):
2. Description of the premises/firm:
No./Name ...........................................................................................
Street ..................................... Town/Village ...........................................
Taluk ....................................... District ..........................................................
971
PART–II] LA GAZETTE DE L'ETAT
Name and present Address of the Owner (if, the premises belongs
to another person):
............................................................................................................
.......................................................................................................................
(3) Installation of (Advertisement boards/cable TV and broad-band
network on electricity poles)
Nature of works Unit Quantity Voltage level of
(Advertisement boards/ Location (specify
Cable TV networks)
poles 440v/11KV/
22KV poles Nos.)
For Advertisement boards
specify the size of board,
g r o ss wei gh t in cl ud in g
clamping provisions and
matter involved
F o r C a b le T V n e t wo r k s
specify the size of Cables,
weight per meter including
clamping provisions
For broad-band Networks
specify the size of cables,
weight per metre including
clamping provisions
I/We, the Applicant/Agency's, etc., do hereby declare that the
above facts are true and correct in all respects and to the best of my/
our knowledge.
Yours faithfully,
(Applicant's dated signature) 972 LA GAZETTE DE L'ETAT [PART–II
Name of applicant:
Date: The ........................ day of ......................... 20 ..........................
Terms and Conditions for Providing Advertisement Boards, Laying
Cable TV and Broad-Band Network
1. The size of the board shall be in line with the Guidelines issued by the Department and the Electrical safety clearances shall be maintained as approved by the concerned Assistant Engineer and Executive Engineer.
2. The cables of TV network communication shall be laid in accordance with the Departmental Guidelines and shall be adhered scrupulously.
3. The weight of the material used shall not be beyond the
approved weight by the Department.
4. The safety aspects for the execution and maintenance shall be taken care by the agency and solely responsible for the consequences, if required, carried out under the supervision of Licensed Supervisor.
5. The line clearance shall be in accordance with the Indian Electricity Rules/ Regulations of Central Electricity Authority requirement and ensured scrupulously.
6. The infrastructure proposed shall in no way obstruct the
Departmental staff while attending the work.
7. The agency shall periodically inspect and ensure the safety and aesthetic view of their material so as to avoid creating bad impression about the Department system.
8. Agencies shall ensure timely maintenance of the services
provided by them.
9. The agencies shall abide rules and regulations issued by the
Department at any point of time.
10. The payment of the charges shall be on or before every
succeeding month and renewal Security Deposit regularly.
11. The Department after issue of 15 days notice shall have the right to remove and confiscate the materials which have become hazardous/hazardously fixed/not properly maintained/not fixed/not maintained within the permissible line clearances.
12. Any other terms and conditions specified by the Department.
973
PART–II] LA GAZETTE DE L'ETAT
Declaration
I/We hereby declare that I/We desire to use the Departmental infrastructure and agree with the stipulated conditions of the Electricity Department for such use and shall be bound to use within the stipulated conditions and specifications for the purposes mentioned in the requisition for a period of not less than one year from the date of permission granted or as determined by the Electricity Department and simultaneously bound to the safety provisions as per the Indian Electricity Act, 1956, Central Electricity Authority Regulations and the Electricity Act, 2003 and to pay the Electricity Department's charges applicable to me/us from time to time in force. The responsibility and cost towards maintenance of such materials during the service period shall entirely be borne by me us and for which the Department shall not be indemnified under such circumstances.
Applicant's Signature.
————
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