s 63
(1) Where- (a) the Board requires to dig or sink any trench for laying down, erecting or constructing any new electric supply lines (other than service lines) or other works near to which any sewer, dram, watercourse, deience or work, or any main, pipe, syphon, electric supply line, telecommunications wire or cable or other work under the jurisdiction or control of a public or local authority or belonging to any gas, electric supply, telecommunications or water company, has been lawfully placed; or cables, or pipes (other than service pipes) or other works near to which any electric supply lines or works of the Board have been lawfully placed, the Board or such public or local authority, or company, as the case may be (in this section referred to as "the operator") shall, unless it is otherwise agreed between the parties interested, or in case of sudden emergency, give to the public or local authority, or company concerned, or to the Board, as the case may be (in this section referred to as "the owner" not less than seven days' notice before commencing to dig or sink such trench as aforesaid, and that owner shall be entitled by his officer to superintend the work, and the operator shall conform to such reasonable requirements as may be made by the owner or the officer for protecting from injury every such sewer, drain, watercourse, defence, main, pipe, syphon, electric supply lime, telecommunications wire or cable or works, and for securing access thereto, and he shall also, if required by the owner thereot, repair any damage that may be done thereto. (2) Where the operator tinds it necessary to under nine but not alter the position of any pipe, electri supply line, wire or cable or works, he shall support it in position during the execution of his work, and before completion provide a suitable and proper foundation for it where so undermined., iny trench ucting any an service any sewer, 'k, or any line, telether work a public or ;as, electric company, :I company for laying uins, wires, I company, to as "the ed between emergency, npany conbe (in this than seven : sink such be entitled y to underipe, electric Il support it Fonndaton [Pt. VIl, S. 63-64] (3) Where the Board in laying any electric supply line crossing is liable to touch any mains, pipes, lines or services ,belonging to any gas, electric supply, telecommunications or water authority, or company, the conducting portions of the electric supply line shall be effectively insulated in a manner approved by the Electrical Inspector and the Board shall not, except with the written consent of such authority or company as the case may be, and of the Minister, lay his electric supply line so as to come into contact with any such mains, pipes, lines or services, or except with the like consent and in a manner approved by the Minister employ any such mains, pipes, limes or services, as conductors for the purposes of his supply of energy. thiss Any guestion oe direiendoy like Mayarise under any of the requirements of this section he shall make full compensation to all owners affected thereby for any loss, damage, penalty or costs which they may incur by reason thereof and in addition thereto he shall be liable or each default to a penalty not exceeding fifty ringg nd a daily penalty not exceeding fifty ringgit case was one of emergency, and that the operator complied with the requirements of this section so far oei at e dernincd by olietion, thing nguic. IPr. VII, S. 65] Alteration / 65. (1) The Board may alter the position of any pipe of pipes or wires. or of any wire under or over any place which the Board is authorized to open or break up, if such pipe or wire is likely to interfère with the exercise of the Board's powers under this Act and any person may alter the position of any electric supply lines or works of the Board under or over any such place as aforesaid, it suct electric supply lines or works are likely to interfere with the lawful exercise of any powers vested in him. (2) In any such case as aforesaid the following provisions shall, in the absence of an agreement to the contrary between the parties concerned, apply, namely- (a) not less than twenty-eight days before commencing any alteration, the Board or other person desiring to make the same (hereinafter in this section referred to as "the operator") shall serve upon the person for the time being entitled to the pipe, wire, electric supply lines, or works, as the case may be (hereinafter in this section referred to as "the owner") a notice in writing, describing the proposed alteration, together with a section and plan thereot on a scale sufficiently large to show clearly the details of the proposed works, and not in any case smaller than 1:100 vertically, and 1:4000 horizontally, and intimating the time when it is to be commenced, and shall subsequently give such further information in relation thereto as the owner may desire; (b) within fourteen days after the service of the notice, section and plan upon the owner, the owner may serve upon the operator a requisition to the effect that any question arising üpon the notice, section or plan shall be determined by arbitration, and thereupon the matter shall, unless settled 'by agreement, be determined by arbitration; (c) every arbitrator to whom a reference is made under paragraph (b) shall have regard to any duties or obligations which the owner is under, and may require the operator to execute any . temporary or other works so as to avoid, as far as possible, interference therewith; any pipe he Board le or wire = Board's alter the ks of the id, if such rfere with him. wing proint to the i, apply, fore comor other zereinafter operator") time being pply lines, einafter in ") a notice alteration, ereoi on a the details anycas : when it is uently give thereto as vice of the ¡ a requisidetemined natter shall, ice is made gard to any er is under, execute any ivoid, as far [Pt. VII, S. 65] (d) where no requisition is served upon the operator under paragraph (b) within the time named, or where such a requisition has been served and the matter has been settled by agreement or determined by arbitration, the alteration may upon payment or securing of any compensation accepted or determined by agreement or arbitration, be executed in accordance with the notice,section and plan and subject to such modifications as may have been determined by arbitration or agreed upon between the parties; (e) the owner may, at any time before the operator is entitled to commence the alteration, serve upon the operator a statement in writing to the effect that he desires to execute the alteration himself and that he requires the operator to give such security for the repayment of any expenses as may be agreed upon or, in detault of agreement, determined by arbitration; (f) where a statement is served upon the operator under paragraph (e), he shall, not less than forty-eight hours before the execution of the alteration is required to be commenced furnish such security and serve upon the owner a notice in writing intimating the time when the. alteration is to be commenced, and the manner in which it is to be made and thereupon the owner may proceed to execute the alteration as required by the operator; (g) where the owner declines to comply, or does not within the time and in the manner prescribed by a notice served upon him under paragraph (f), comply with the notice, the operator may himself execute the alteration; (h) all expenses properly incurred by the owner in complying with a notice served upon him by the operator under paragraph if may recovered by him from the operator. (3) Where the Board or other person desiring to make the alteration makes default in complying with any of these provisions, he shall make full compensation for any loss or damage incurred by reason remove trees, etc., endangering -overhead lines: (pt. VII, S. 65-66] thereof, and, where any difference or dispute arises as to the amount of such compensation, the matter shall be determined by arbitration.