or under the control or management of a local authority, and the local authority, having regard
to circumstances which have arisen since the telegraph line or post was so placed, considers it
expedient that it should be removed or that its position should be altered, the local authority
may require the telegraph authority to remove it or alter its position, as the case may be.
14. Power to alter position of gas or water pipes or drains.—The telegraph authority may,
for the purpose of exercising the powers conferred upon it by this Act in respect of any property
vested in or under the control or management of a local authority, alter the posi tion thereunder of
any pipe (not being a main) for the supply of gas or water, or of any drain (not being a main
drain):
Provided that—
(a) when the telegraph authority desires to alter the position of any such pipe or drain it
shall give reasonable notice of its intention to do so, specifying the time at which it will
begin to do so, to the local authority, and, when the pipe or drain is not under the control of
the local authority, to the person under whose control the pipe or drain is;
(b) a local authority or person receiving notice under clause (a) may send a person to superintend
the work, and the telegraph authority shall execute the work to the reasonable satisfaction of the
person so sent.
15. Disputes between telegraph authority and local authority.—(1) If any dispute arises
between the telegraph authority and a local authority in consequence of the local authority
refusing the permission referred to in section 10, clause (c), or prescribing any condition under
section 12, or in consequence of the telegraph authority omitting to comply with a requisition
made under section 13, or otherwise in respect of the exercise of the powers conferred by this
Act, it shall be determined by such officer as the 1 [Central Government] may appoint either
generally or specially in this behalf.
(2) An appeal from the determination of the officer so appointed shall lie to the '[Central
Government]; and the order of the 1[Central Government] shall be final.
Provisions applicable to other property
16. Exercise of powers conferred by section 10, and disputes as to compensation, in case
of property other than that of a local authority.—(1) If the exercise of the powers mentioned in
section 10 in respect of property referred to in clause (d) of that section is resisted or obstructed,
the District Magistrate may, in his discretion, order that the telegraph authority shall be permitted
to exercise them.
(2) If, after the making of an order under sub-section (1), any person resists the exercise of
those powers, or, having control over the property, does not give all facilities for their being
exercised, he shall be deemed to have committed an offence under section 188 of the Indian
Penal Code (45 of 1860).
(3) If any dispute arises concerning the sufficiency of the compensation to be paid under
section 10, clause (d), it shall, on application for that purpose by either of the disputing parties to
the District Judge within whose jurisdiction the property is situate, be determined by him.
(4) If any dispute arises as to the persons entitled to receive compensation, or as to the
proportions in which the persons interested arc entitled to share in it, the telegraph authority
may pay into the Court of the District Judge such amount as he deems sufficient or, where all
the disputing parties have in writing admitted the amount tendered to be sufficient or the
amount has been determined under sub-section (3), that amount; and the District Judge, after
giving notice to the parties and hearing such of them as desire to be heard, shall determine the
persons entitled to receive the compensation or, as the case may be, the proportions in which
the persons interested are entitled to share in it.
(5) Every determination of a dispute by a District Judge under sub-section (3) or sub-section (4) shall
be final:
1. Sub s. b y th e A. O. 1937, fo r “ L. G. ” .
9