PART VIII | ACQUISITION OF PROPERTY, ETC. |
| Power to acquire property |
| 41. The Corporation may acquire any property or any interest therein or any easement over any immovable property, whether by way of purchase, lease, exchange or otherwise, for the purposes of this Act. |
| Power to enter on and examine land |
42.—(1) Whenever it appears to the Corporation that it shall or probably shall be necessary to exercise the powers conferred by this Act upon the Corporation in respect of any land other than State land for the provision of any information communication service, the Corporation or any person authorised by the Corporation in that behalf may, after giving not less than 24 hours’ previous notice to the occupier thereof, if any, enter upon the land and may survey and take levels and do all other necessary acts preparatory to the provision of the service, so far as the same may be possible without causing damage or disturbance.| (2) In the event of any damage or disturbance being caused by reason of the entry the Corporation shall pay compensation to the owner or occupier thereof. |
| (3) Nothing in this section shall be deemed to authorise any employee or agent of the Corporation to cut down or clear away any vegetation or any fence or other erection or to enter into any building or upon any enclosure attached to any building. |
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| Power to enter on State land for purposes of installation |
43. For the purpose of providing any information communication service, the Corporation or any person authorised by the Corporation in that behalf may, at any reasonable time, enter upon any State land and may, subject to the approval of the Collector of Land Revenue, erect in or upon the State land such installation or plant for information communication or excavate such trenches as may be necessary or proper for the purpose of providing the service, and may carry out all necessary works in connection therewith, and may, in the course thereof, fell or lop trees, remove vegetation and do all other things necessary for that purpose, but —| (a) | when any such work interferes with improvements, buildings, growing trees or crops, the Corporation shall pay compensation for any disturbance or damage; and | | (b) | where the land is occupied under a licence for temporary occupation, the compensation shall be paid to the occupant under the licence. |
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| Power to enter on land for purposes of installation |
44.—(1) Subject to this section, whenever it is necessary to do so for the purposes of providing any information communication service under this Act, the Corporation may lay, place or carry on, and erect under, upon or over any land, other than State land, such installation or plant for information communication as may be necessary or proper for such purposes and may take such other action as may be necessary to render the installation or plant safe and efficient, paying compensation to any person interested for any disturbance, damage or disability that may be caused thereby.| (2) Any compensation payable under subsection (1) may include an annual payment for land or other immovable property used for the purpose of any Corporation’s installation or plant. |
| (3) The Corporation shall not acquire any right other than that of user only in respect of any land or property under, over, along, across, in or upon which the Corporation places any installation or plant for information communication under this section. |
| (4) Before entering on any land for the purpose specified in subsection (1), the Corporation shall give 14 days’ notice stating as fully and accurately as possible the nature and extent of the acts intended to be done and shall specify a date upon which the Corporation will inquire into any objection that has been made as provided under this section. |
| (5) The notice shall be given to the owner or occupier of the land and may be sent by registered post or left at the usual or last known place of abode of the person to whom it is to be given or served in the manner provided under this section. |
| (6) The owner or occupier of the land may, within 14 days of the receipt of the notice referred to in subsection (4), lodge a written objection with the Corporation. |
| (7) If no objection is lodged within the time specified in subsection (6), the Corporation may forthwith enter on the land and do all or any of the acts specified in the notice given under subsection (4). |
| (8) If an objection is lodged and is not withdrawn before the date fixed for the hearing thereof, the Corporation shall hold an enquiry, giving that party an opportunity to be heard. |
| (9) Upon the conclusion of the enquiry, the Corporation may, either unconditionally or subject to such terms, conditions and stipulations as agreed upon, carry out any of the acts mentioned in the notice given under subsection (4). |
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| Inspection, maintenance and repair of installation or plant used for information communication |
| 45. Whenever it is necessary to do so for the purpose of inspecting, maintaining or repairing the Corporation’s installation or plant or for the purpose of carrying out any of its functions under this Act, the Corporation or any person authorised by the Corporation in that behalf, may at any reasonable time enter upon any land or building, whether or not the installation or plant has been laid, placed, carried or erected on, under, upon or over the land or building, and may carry out all necessary inspection, maintenance or repair, and may in the course thereof, fell or lop trees, remove vegetation and do all other things necessary for the purpose, causing as little damage as possible and paying compensation to any person adversely affected for any damage that may be caused thereby for which compensation has not already been assessed under section 44. |
| Removal or alteration of installation or plant used for information communication |
46.—(1) Where the Corporation’s installation or plant has been laid, placed, carried or erected on, under, upon or over any land under section 43 or 44, and any owner or occupier of the land or any person to or by whom the land is subsequently alienated or occupied desires to use the land in such manner as to render it necessary or convenient that the installation or plant should be removed to another part of the land, or to a higher or lower level, or altered in form, he may require the Corporation to remove or alter the installation or plant accordingly.| (2) If the Corporation fails to comply with the requisition, the person may apply in writing to the Corporation and the Corporation shall, as soon as practicable, specify a date to inquire into the facts of the case. |
| (3) Upon the conclusion of the enquiry the Corporation may, subject to such terms, conditions and stipulations as may be agreed upon between the person and the Corporation, carry out the removal or alteration of the installation or plant. |
| (4) Whenever the Corporation’s installation or plant has been laid, placed, carried or erected, on any State land by the Corporation, and the land is subsequently alienated to any person, the owner or occupier of the land may, unless the terms of alienation expressly provide otherwise, require the removal to another part of the land, or to a higher or lower level, of the installation or plant, and subsections (1) to (3) shall apply to any such requisition, and the costs of executing the removal shall be defrayed by the person making the requisition. |
| (5) Where an owner of land desires to use his land for the purposes of development and he considers it necessary that the Corporation’s installation or plant that has been laid, placed, carried or erected on his land should be removed therefrom he may request the Corporation to remove the same from his land. |
| (6) Where the Corporation undertakes the work of removal pursuant to the request of the owner under subsection (5), the owner shall pay compensation to the Corporation. |
| (7) If the Corporation does not intend to undertake the work of removal pursuant to the request of the owner under subsection (5), the Corporation shall, by notice in writing, inform the owner of its intention and shall specify a date not less than 14 days from the date of the notice to inquire into the facts of the case. |
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| Removal of trees dangerous to or obstructing any installation or plant used for information communication |
47.—(1) Where, in the opinion of the Corporation, there is at any time danger or suspected danger that any tree (which term in this section includes undergrowth) near the Corporation’s installation or plant may interrupt or interfere with any information communication service or cause damage to the installation or plant, the Corporation may cause the tree to be felled or dealt with in such other manner as will, in its opinion, avert the danger.| (2) The Corporation shall in the exercise of its powers under subsection (1) be exempted from the provisions of the Parks and Trees Act [Cap. 216]. |
| (3) Where a tree, which has been felled or otherwise dealt with under subsection (1), was in existence before the Corporation’s installation or plant was placed, erected or installed, the Corporation may subject to subsections (4) and (5) pay to any person adversely affected such sum as may be agreed by way of compensation. |
| (4) No further compensation shall be paid for the felling or lopping of any tree or the removal of any vegetation where the action is necessary for the maintenance of the Corporation’s installation or plant and the tree and vegetation have grown or been allowed to grow since the payment of compensation under subsection (3). |
| (5) No compensation shall be payable by the Corporation under subsection (3) in respect of any tree within 20 metres of the centre line of any road constructed or maintained by the Government or by any authority unless it is proved that the tree was in existence prior to the construction of the road. |
| (6) In the event of the owner or occupier of any land felling or clearing any tree or vegetation adjacent to the Corporation’s installation or plant, the owner or occupier shall give the Corporation 14 days’ notice in writing of his intention to do so and shall take all such reasonable precautions as the Corporation may require for the protection of the installation or plant. |
| (7) If any such owner or occupier fails to give notice as provided under subsection (6) or having given notice fails to take any such precautions as the Corporation may have required, he shall be liable to pay the Corporation any cost and expense incurred by the Corporation for any damage caused to the Corporation’s installation or plant; and a certificate purporting to be under the hand of the chief executive stating the amount of the cost and expense incurred by the Corporation shall be prima facie evidence of the amount due from the owner or occupier. |
| (8) If the amount due for the cost and expense is not paid within 7 days after demand, the amount may be recovered in the same manner as if it were a simple contract debt. |
| (9) If any tree or vegetation is felled or cleared upon land adjacent to the Corporation’s installation or plant, it shall be presumed until the contrary is proved that the tree or vegetation was felled or cleared by the owner or occupier of the land or by his servants or agents acting as such. |
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| Existing installation or plant used for information communication |
| 48. Every installation or plant for information communication placed before 1st October 1982 under, over, along, across, in or upon any property for the purpose of information communication established or maintained by the Postal Department or the former Telecommunication Authority shall be deemed to have been placed in the exercise of the powers conferred by and after observance of all the requirements of this Act. |
| Savings of wayleave agreements |
49. Nothing in section 44(1) and (6) shall —| (a) | affect the right of the Corporation to enter into an agreement, commonly known as a wayleave agreement, with the owner or occupier of any land for the purpose of laying, placing, carrying or erecting any installation or plant for information communication on the land; | | (b) | affect any such wayleave agreement subsisting on 1st October 1982; or | | (c) | affect the right of the Corporation to negotiate the use of land or facilities belonging to the State or any other person. |
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