Page 42 of 82 necessary for the purpose of removal or repair of a thing which is dangerous to life or property or which impedes its security ; (b) may, in case of necessity for such removal or repair, enter the graveyard, crematorium or sacred place with the consent of the person in charge thereof, or if there is no such person at all or if he is not readily available or if he refuses to give consent, the operator may so enter or may take steps or other actions under sub-section (1) after obtaining written permission of the Commission. (5) The said operator(a) shall not, without the consent of the owner or occupier of the land, exercise his right under sub-section (1); (b) shall not acquire any other right only because of his right of way; (c) shall not exercise any right under this section on the land owned or controlled by any Government or local authority or a statutory body without its consent; (d) shall exercise the rights under this section in such a manner that the damage caused to the land and environment remains at the minimum level, and shall be bound to pay compensation to the affected person, authority or body for the damage caused as a result of such exercise. (6) The notice under sub-section (2)(a) shall contain a full and proper description of the intended work and shall be served on its receiver personally or his representative or his relevant employee, or it shall be sent to his residence or place of work. (7) Where a telecommunication apparatus or radio apparatus becomes a cause of threat to anyone’s life or property, the operator may enter a land without permission of the its owner or occupier of the land, and take necessary steps for the purpose of protecting such life and property. (8) In exercising the powers under this section, the operator shall take all reasonable care and shall in all cases- BTRC-TelecomLaw2001.doc 42 - 42 -

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