Section 20: Protection of telegraph and electric lines

20. Protection of telegraph and electric lines (1) An undertaker shall take all reasonable precautions in constructing, laying down and placing his or its electric lines and other works and in working his or its undertakings so as not injuriously to affect, whether by induction or otherwise, the working of any wire or line used for the purpose of telegraphic, telephonic or electric signalling communication, or electric control of continued on page E3 – 9 E3 – 8 (1) [Issue 6] Revised Laws of Mauritius railways, or any other purpose, or the current in that wire or line, whether that wire or line is or is not in existence at the time of the laying down or placing of the electric lines or other works. (2) Before commencing to lay down any line, or do any other work for the supply of electricity whereby any electric or other lines of Government, or any authority, company or person may be injuriously affected, the undertakers shall give such reasonable written notice to Government, or such authority, company or person, as the case may be, as may be prescribed and such notice shall specify the course and nature of the work and be accompanied by such maps and plans as may be necessary. (3) The Board shall determine whether the undertakers have constructed, laid down or placed their electric lines or other works or worked their undertaking in contravention of this section and whether the working of that wire or line or current therein is or is not injuriously affected thereby, and the Board (unless it is of opinion that the wire or line not having been so in existence at such time as aforesaid has been placed in unreasonable proximity to the electric lines or works of the undertakers) may direct the undertakers to make any alterations in, or additions to, their system so as to comply with this section, and the undertakers shall make those alterations or additions accordingly. (4) (a) Where the undertakers fail to comply with this section, they shall commit an offence and shall make full compensation to every such owner as aforesaid for any loss or damage which he may incur by reason thereof, and in addition shall be liable for each default to a fine not exceeding 50 rupees and to a fine not exceeding 10 rupees for each day during which the default continues. (b) Notwithstanding paragraph (a), the undertakers shall not be subject to any such penalty where the case was one of emergency and the undertakers complied with this section so far as was reasonable under the circumstances, or the default was due to the fact that the undertakers were ignorant of the position of the wire or line affected and that ignorance was not owing to any negligence on the part of the undertakers.