The Oriental Gas Company Act, 1857

In the Town ofCalcutta and its environs, and in any other town or place to which the provisions of this Act may hereafterbe extended, by a law to be passed for that purpose, the Oriental Gas Company, Limited, under suchsuperintendence as is hereinafter specified, may open and break up the soil and pavement of the severalstreets and bridges, and may open and break up any sewers, drains, or tunnels within or under such streetsand bridges, and lay down and place within the same limits pipes, conduits, service-pipes, and otherworks, and from time to time repair, alter, or remove the same, and also make any sewers that may benecessary 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 in and under such streets andbridges; and they may in such streets erect any pillars, lamps, and other works, and do all other acts whichthe said Company shall from time to time deem necessary for supplying Gas to the inhabitants of the saidTown of Calcutta and its environs, or other town or place as aforesaid, doing as little damage as may be inthe execution of the powers hereby granted, and making compensation for any damage which may bedone in the execution of such powers.

Provided always, that nothing herein shallauthorise or empower the said Company to lay down or place any pipe or other works into, through, oragainst any building, or in any land not dedicated to public use, without the consent of the owners andoccupiers thereof; except that the said Company may at any time enter upon and lay or place any newpipe in the place of an existing pipe, in any land wherein any pipe has been already lawfully laid down orplaced in pursuance of this Act, and may repair or alter any pipe so laid down.

Before the said Company proceed to open or break up any street, bridge, sewer, drain, or tunnel,they shall give to the Municipal Commissioners for the Town of Calcutta, or other persons under whosecontrol or management the same may be, or to their Clerk, Surveyor, or other officer, notice in writing oftheir intention to open or break up the same, not less than three 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 asis possible after the beginning of the work, or the necessity for the same shall have arisen.

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 ormanagement thereof, or of their officer, and according to such plan as shall be approved of by suchpersons or their officer, or in case of any difference respecting such plan, then according to such plan asshall be determined by a Magistrate; and such Magistrate may, on the application of the persons havingthe control or management of any such sewer or drain, or their officer, require the said Company to makesuch temporary or other works as they may think necessary for guarding against any interruption of thedrainage 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 theirofficer, 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 Companys intention as aforesaid, or shall not propose any planfor breaking up or opening the same, or shall refuse or neglect to superintend the operation, the saidCompany may perform the work specified in such notice without the superintendence of such persons ortheir officer.

When the said Company open or break upthe road or pavement of any street or bridge, or any sewer, drain, or tunnel, they shall, with all convenientspeed, complete the work for which the same shall be broken up, and fill in the ground, and reinstate andmake good the road or pavement, or the sewer, drain, or tunnel so opened or broken up, and carry awaythe rubbish occasioned thereby; and shall at all times, whilst any such road or pavement shall be soopened or broken up, cause the same to be fenced and guarded, and shall cause a light, sufficient for thewarning of passengers, to be set up and maintained against or near such road or pavement where the sameshall be open or broken up, every night during which the same shall be continued open or broken up; andshall keep the road or pavement which has been so broken up in good repair for three months afterreplacing and making good the same, and for such further time, if any, not being more than twelvemonths in the whole, as the soil so broken up shall continue to subside.