Page 41 of 82 41. Commission’s jurisdiction in case of limiting operator’s liability.- If a licensee, for the purpose of limiting his own liability, imposes any condition in relation to a service provided by him and if the Commission considers such condition to be unreasonable, it may direct the licensee to cancel the condition and accordingly he shall be bound to comply with the direction. 42. Right of way.- (1) Subject to the other provisions of this section, an operator shall have right to install any apparatus, thing or facility on, above or over any land for the purpose of establishing a telecommunication system or for providing telecommunication service; such right is referred to in this Chapter as the right of way. (2) Within the purview of the right of way, an employee or representative of the operator authorized in writing in this behalf may(a) by giving reasonable notice, enter any land at any time, and put up any post or pillar for the purpose of holding or supporting any telecommunication apparatus; (b) fasten or attach a bracket or other device to a tree standing on the land ; (c) cut down any tree or branch of a tree which is causing or is likely to cause injury to, or which impedes or is likely to impede the workability of, such apparatus, thing, facility or device; and (d) take any other necessary step or action under this Act for the purpose of installing, constructing, examining, repairing, changing, removing or increasing the workability of such apparatus, thing, facility or device. (3) An operator shall ordinarily exercise his right of way on the land owned or possessed by the Government or a local authority or statutory body, but may, if necessary, exercise this right on any other land also; the Government agency or the local authority or the statutory body shall not ordinarily obstruct the exercise of the right of way. (4) In exercising the right under sub-section (1), the operator(a) shall not enter, or do anything under that sub-section in a graveyard or crematorium or a place which contains something that is regarded by the local people as sacred, unless such entry is BTRC-TelecomLaw2001.doc 41 - 41 -