THE UTTAR PRADESH PUBLIC LAND (PERMISSION FOR PLACING AND MAINTAINING OPTICAL FIBRE CABLE) ACT,2001

1. (1) This Act may be called the Uttar Pradesh Public land (Permission for Placing and Maintaining Optical Fibre Cable) Act, 2001. (2) It shall be deemed to have come into force on February 14, 2001.

2. In this Act,- (a) "Avas Parishad" means the Uttar Pradesh Avas Evam Vikas Parishad established under the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965; (b) "Development Authority" means a Development Authority constituted under the Uttar Pradesh Urban Planning and Development Act, 1973; (c) "Industrial Development Authority" means an Industrial Development Authority constituted under section 3 of the Uttar Pradesh Industrial Area Development Act, 1976; (d) "licensee" means a person licensed under section 4 of the Indian Telegraph Act, 1985; (e) "local authority" means the Avas Parishad, a Development Authority, an Industrial Development Authority, a Panchayat or Municipality; (f) "Municipality" means a Municipal Corporation, Municipal Council or Nagar Panchayat constituted under the Uttar Pradesh Municipalities Act, 1916 or the Uttar Pradesh Municipal Corporation Act, 1959, as the case may be; (g) "Optical fibre" means a glass or plastic fibre capable of being used as a medium to transmit information as light pulses; (h) "Panchayat" means a Gram Panchayat, Kshettra Panchayat or Zila Panchayat constituted under the United Provinces Panchayat Raj Act, 1947 or the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961, as the case may be. (i) "public land" means a land, road street, pavement or other immovable property belonging to, or vested in, or controlled or managed by local authority.

3.The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any law for the time being in force

4. The State Government shall have power to give permission to a licensee to place and maintain optical fibre cable under, over along, across in, or upon, any public land, to the State Government in the prescribed manner.

5. (1) Any licensee may make application for permission to place and maintain optical fibre cable under, over along, across in, or upon, any public land, to the State Government in the prescribed manner. (2) The State Government may, after such inquiry as it considers necessary, give the permission applied for on such terms and conditions as may be prescribed. (3) A licensee to whom a permission under sub-section (2) has been given, may, for the purposes of placing, maintaining, examining, repairing, altering or removing any optical fibre cable enter on the public land under, over along, across in, or upon which such cable is proposed to be, or has been, placed and shall also be entitled to do all acts necessary for the said purposes.

6. The State Government may, by notification, make rules for carrying out the purposes of this Act.

7. (1) The Uttar Pradesh Public Land (Permission for Placing and Maintaining Optical Fibre Cable) Ordinance, 2001 is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the provisions of the Ordinance referred to in sub-section (1), shall be deemed to have been done or taken under the corresponding provisions of this Act, as if this Act were in force at all material times.