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ORIENTAL GAS COMPANY

Ministry of Law and Justice

Act nº 5 of 1857


  • Act nº 5 of 1857

Preamble

THE ORIENTAL GAS COMPANY ACT, 1857

[Act, No. 5 of 1857]

[AS ON 1957]

[13th February, 1857]

PREAMBLE

An Act to confer certain powers on the Oriental Gas Company, Limited.

WHEREAS a Joint Stock Company has been lately formed for the purpose of introducing Gas-works into India which Company having been completely registered in England under the Act of Parliament of the eighth year of the reign of Her present Majesty, Cap.110, has since been registered in England under "The Joint Stock Companies' Act 1856" with limited liabilities and has duly obtained a certificate of incorporation under the name of the Oriental Gas Company Limited and whereas the said Company has erected Gas-works on land granted for that purpose by Government in the vicinity of the Town of Calcutta and is engaged in the preparation of apparatus and materials for the manufacture and supply of Gas fir lighting the said Town and where as it is expedient that powers and facilities should be given to the said company to enable then to carry out their undertaking of lighting with Gas the said Town of Calcutta which powers and facilities may hereafter be extended to the operations of the said Company in other towns and places it is enacted as follows:---

Section 1. Power to break up streets, etc., under superintendence, and to open drains

In the Town of Calcutta and its environs and in any other town or place to which the provisions of this Act may hereafter be extended, by a law to be passed for that purpose the Oriental Gas Company Limited under such superintendence as is hereinafter specified may open and break up the soil and pavement of the several streets and bridges and may open and break up any sewers drains or tunnels within or under such streets and bridges and lay down and place within the same limits pipes conduits service pipes and other works and from time repair alter or remove the same and also make any sewers that may be necessary for carrying off the washings and waste liquids which may arise in the making of the Gas and for the purposes aforesaid may remove and use all earth and materials inland under such streets and bridges and they may in such streets erect any pillars lamps and other works and do all other acts which the said Company shall from time to time deem necessary for supplying Gas to the inhabitants of the said Town of Calcutta and its environs or other town or place as aforesaid doing as title damage as may be in the execution of the powers hereby granted and making compensation for any damage which may be done in the execution of such powers.

Section 2. Not to enter on private land without consent

Provided always that nothing herein shall authorize or empower the said company to lay down or place any pipe or other works into through or against any building or in any land not dedicated to public use without the consent of the owners and occupiers thereof except that the said company may at any time enter upon and lay or place any new pipe in the place of an existing pipe in any land wherein any pipe has been already lawfully laid down or placed in pursuance of this Act and may repair or later any pipe so laid down.

Section 3. Notice to be served on persons having control, etc., before breaking up streets or opening drains

Before the said Company proceed to open or break up any street, bridges, sewer, drain.or tunnel shall given to the municipal Commissioners for the Town of Calcutta, or Other persons under whose control or management the same may be or to other persons under whose control to management the same may be or to their Clerk, Surveyor, or other officer notice in writing of their intention or open or break up the clear days before beginning such work ; except in cases of emergency arising from defects in any of the pipes or other works, and then so soon as is possible after the beginning of the work or the necessity for the same shall have arisen.

Section 4. Streets or drains not to be broken up except under superintendent of persons having control of the same

No such street, bridge, sewer, drain, or tunnel shall except in the cases of emergency aforesaid, be opened or broken up, except under the superintendence of the persons having the control or management thereof, or of their officer or in case of any difference respecting such persons or their officers or in case of any difference respecting such plan then according to such plan as shall be determined by a Magistrate ; and such Magistrate may, or the application of the person having the control or management of any such sewer or drain or their officer require the said Company to make such temporary or other works as they think necessary execution of any interruption of the drainage during the execution of any works which interfere with any such sewer or drain: Provided always that, if the persons having such control or management as aforesaid, and their officer fail to attend at the time fixed for the opening of any such street, bridge, sewer, drain, or tunnel, after having had such notice of the said Company's intention as aforesaid or shall not propose any plan for breaking up or opening the same or shall refuse or neglect to superintend the operation the said Company may perform the work specified the operation the said Company may perform the work specified in such notice without the superintendence of such or their officer.(If persons having the control, etc., fail to superintend, Company may proceed with the work.)

Section 5. Streets broken up to be reinstated without delay

When the said Company open of break up the road or pavement of any street or bridges, or any sewer, drain, or bridges or any sewer drain or tunnel they shall with all convenient speed complete the work for the which the same shall be broken up, and fill in the ground has reinstate and make good the road or pavement, or the sewer drain or tunnel so opened or broken up and carry away the rubbish occasioned thereby ; and shall at all times, whilst any such road or pavement shall be so opened or broken up, cause the same to be fenced and guarded and shall cause the same to be fenced and guarded, and shall cause a light, sufficient for the warning of passengers, to be set up and maintained against or near such road or pavement where the same shall be open or broken up, every night during which the same shall be open or broken up ; and shall keep the road or pavement which has been so broken up in good repair for three months after replacing and making good the same, and for such further time, if any, not being more than twelve months in the whole, as the soil so broken up shall continue to subside.

Section 6. Penalty for delay in reinstating streets

If the said Company open or break up any street or bridge, or any sewer, drain, or tunnel, without giving such notice as aforesaid, or in a manner different from that which shall have been approved of or determined as aforesaid, or without making such temporary or other works as aforesaid, when so required, except in the cases in which the said Company are hereby authorized to perform such works without any superintendence or notice; or if the said Company make any delay in completing any such work, or in filling in or the sewer, drain, or tunnel so opened or broken up, or in carrying away the rubbish occasioned thereby; or if they neglect to cause the place where such road or pavement has been broken up to be fenced, guarded, and lighted, or neglect to keep the road or pavement in repair for the space of three months next after the same shall have been made good, or such further time as aforesaid, they shall forfeit to the persons having the control or management of the street, bridge, sewer, drain, or tunnel, in respect of which such offence, and they shall forfeit an additional sum not exceeding fifty rupees for each day during which any such delay as aforesaid shall continue after they shall have received notice thereof.

Section 7. In case of delay, other parties may reinstate, and recover the expenses

If any such delay or omission as aforesaid take place, the persons having the control or management of the street, bridge, sewer, drain, or tunnel, in respect of which such delay or omission shall take place, may cause the work so delayed or omitted to be executed ; and the expense of executing the same shall be repaid to such persons by the said Company ; and the amount of such expense shall, in case of any dispute about the same, be ascertained and recovered in Calcutta and in any other town or place subject to the jurisdiction of any of Her Majesty's Courts of Judicature, in the manner in which expenses are ascertained and recovered under Act XIV of 1856 { Rep.by Act 16 of 1874.}, and in town or place not within the Jurisdiction of any of Her Majesty's Courts, in the same manner as damages are recoverable under this Act.(Expense how to be ascertained and recovered.)

Section 8. Power to enter buildings for ascertaining quantity of gas consumed

The Clerk, Engineer, or other officer duly appointed for the purpose by the said Company, may, at all reasonable times, enter any buildings or place lighted with Gas supplied by the said Company, in order to inspect the meters, fittings, and works for regulating the supply of Gas consumed or supplied ; and if any person hinder such officer as aforesaid from entering and making such inspection as aforesaid at any reasonable time, he shall, for every such offence, forfeit to the said Company a sum not exceeding fifty rupees.

Section 9. Recovery of rent due for gas

If any person supplied with Gas, or any person to whom any meter of fitting shall have been let for hire by the said Company, the said Company may stop the Gas from entering the premises of such person, by cutting off the service-pipes, or by such means as the said Company shall think fit, and recover the rent due from such person, together with the expenses if cutting off the Gas, by action in any Court of competent jurisdiction.

Section 10. Power to take away pipes when supply of gas discontinued

In all cases in which the said Company are authorized to cut off and take away the supply of Gas from any house or building or premises under the provisions of this Act, the Company, their agents or workmen, after giving twenty-four hour's previous notice to the occupier, may enter into any such house, building, or premises, between the hours of nine in the forenoon and four in the afternoon, and remove and carry away any pipe, meter, fittings, or other works, the property of the said Company.

Section 11. Meters notable to distress for rent, etc

Any meter or fitting let for hire by the said Company shall not be subject to distress for rent or revenue or any rate due upon the premises where the same may be used, nor be taken in execution under any process of a Court of law or equity, or any proceeding in insolvency against the person in whose possession the same may be.

Section 12. Penalty for fraudulently using gas

Every person who shall lay, or cause to be laid, any pipe to communicate with any pipe belonging to the said Company, with out their consent, or shall fraudulently injure any such meter as aforesaid, or who, in case the Gas supplied by the said Company is not ascertained by meter, shall use any burner other than such as has been provided or approved of by the said Company, or of larger dimensions than he has contracted to pay, for, or shall keep the lights burning for a longer time than he has contracted to pay for, or shall otherwise improperly use or burn the Gas supplied to him by the said Company, shall forfeit to the said Company the sum of fifty rupees for every such offence, and also the sum of twenty rupees shall be used, or such pipe shall so remain, or such works or burner shall be so used, or such excess be so committed or continued, or such supply furnished ; and the said Company may take off the Gas from the house and premises of the person so offending, notwithstanding any contract which may have been previously entered into.

Section 13. Penalty for wilfully damaging pipes

Every person who shall wilfully remove, destroy, or damage any pipe.pillar, post, plug, lamp, or other work of the said Company for supplying Gas, or who shall wilfully extinguish any of the public lamps or lights, or waste or improperly use any of the Gas supplied by the said Company, shall, for each such offence, forfeit to the said Company any sum not exceeding fifty rupees, in addition to the amount of the damage done.

Section 14. Satisfaction for accidentally damaging pipes

Every person who shall carelessly or accidentally break, throw down, or damage any pipe, pillar, or lamp belonging to the said Company, or under their control, shall pay such sum of money by way of satisfaction to the said Company for the damage done, not exceeding fifty rupees, as any Magistrate shall think reasonable.