No. 18

Tanzania Communications

(iii) refuse to comply with the requirement, in which event the
person may apply to a Resident Magistrate within whose
jurisdiction the property is situate for an order as to the
removal or alteration and the payment of the cost; and that
order shall be final.
(3) If the telephone or telegraph line or pole or radio link installation
has been placed in its position in order to make the requisition, then
the cost of the removal or alteration to provide telephone or telegraph
services solely for the person shall be borne by that person,
26.-(1) Any authorised employee of the public telecommunication
licensee may, for the purpose of preventing the occurrence of any accident, restoring the proper operation of any telephone or telegraph services provided by the public telecommunication licensee or repairing
any damage caused by any accident enter upon any land and(a) cut down or remove any tree, underwood or other obstruction,
not being a building, which endangers, or interferes with or islikely to endanger or interfere with the telephone or telegraph
lines or poles or radio link installation;
(b) execute such other works as may be necessary to prevent the
occurrence of any accident or to restore the proper operation of
telephone or telegraph services or to repair any damage caused
as a result of any accident,
(2) Where any damage is caused to property by reason of the exercise
of the powers conferred by subsection (1), the owner or occupier of the
property shall subject to subsection (3) be entitled to receive compensation for it from the public telecommunication licensee in accordance
with this Act.
3. If any tree, underwood or other obstruction cut down or removed
under subsection (1) (a) came into existence subsequent to the telephone
or telegraph lines or poles or radio link installations being provided at
the place, then no compensation shall be payable in respect of the entry
and the cutting down or removal of the tree, underwood or other obstruction.
27.-(1) Subject to subsection (7), any person who establishes or
operates, whether or not under any enactment, any undertaking for the
supply of light, heat or power by means of electricity (in this section
referred to as ''the undertaker'') or any person who constructs,. equips
or operates a railway by means of electricity (in this section referred to
as ''the railway operator'') shall, at least one month before erecting,
placing or altering the position of any line or wire for the transmission
of the electricity, forward to the public telecommunication licensee a
notice in writing of his intention to execute the work together with a
plan of the proposed work; and the undertaker or the railway operator
shall also give to the public telecommunication licensee all such other
information as he may require in order to determine whether the work
is likely to interfere unduly with any telephone or telegraph services
provided by the public telecommunication licensee.

1993 23

Power to
enter and
to prevent
accidents,
etc.

Power in
relations to
electricity
undertakers, etc.

Select target paragraph3