[963]

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).



La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II

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EXTRAORDINAIRE

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2018 } | 11 {

No. 69 Poudouchéry Mardi

11

Décembre

2018

No.

Puducherry

Tuesday

11th

December

2018

(20 Agrahayana 1940)

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’.

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(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

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(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

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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

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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,

gross weight including

clamping provisions and

matter involved

For Cable TV networks

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

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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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