The Arunachal Pradesh Gazette
PUBLISHED BY AUTHORITY
No. 3, Vol. XXXV, Naharlagun, Thursday, February 15, 2024, Magha 26, 1945 (Saka) Separate paging is given to this part in order that it may be filed as a separate compilation.
GOVERNMENT OF ARUNACHAL PRADESH
PART - III
Resolutions, orders, notifications, rules etc., issued by the Government and Head of Departments.
ORDER BY THE GOVERNOR
NOTIFICATION
The 30th August, 2023
Sub : Guidelines for granting Right of Way (RoW) to Telegraph Infrastructure in Arunachal
Pradesh, 2023.
No. DITC-14/9/2022.—Consequent upon amendment of the Indian Telegraph Right of Way Rules, 2016 by the Central Government by the IT RoW (Amendment) Rules, 2022 by the Central Government and in pursuance of the Secretary, GoI, Ministry of Communication, D.O. 5-1/2023-NBM dated 22nd March, 2023, the Governor of Arunachal Pradesh is pleased to make the following Policy to bring uniformity, clarity and simplification in the process of giving permission to install Telegraph infrastructure in urban and rural areas of Arunachal Pradesh as follows,-
1. Short title and commencement :
(a) These Policy Guidelines may be called the Arunachal Pradesh Policy Guidelines for granting Right of Way (RoW) to Telegraph Infrastructure 2023.
(b) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions:
(1) In these guidelines, unless the contexts otherwise requires,-
(a) "Act" means Indian Telegraph Act,1885 (13 of 1885)
(b) "DoT" means Department of Telecommunication, Government of India.
(c) "DLMC" means the District Level Monitoring Committee as formed under Para19;
(d) "Form" means the form appended in these guidelines;
(e) "Infrastructure Provider (IP)" means any person holding an Infrastructure Provider-I registration issued by the DoT.
(f) "Licensee" under these guidelines means any person holding a license issued under sub-section (1) of Section 4 of the Act or an Infrastructure Provider-I registration issued by the (DoT).
(g) "Para" means the Para of these guidelines.
(h) "Local Body" means Urban Local Bodies like Municipal Corporation, Municipal Council or Municipal Board in an Urban area declared under the relevant law/administrative order of the State Government, Gram Panchayat (GP) and Village Council Development Committee (VCDC) for Rural areas under the relevant law/administrative order of the State Government. (i) "OFC" means optical fibre cable;
(j) "Rules" means the Indian Telegraph Right of Way Rules, 2016
(k) "HLMC" means the High Level Monitoring Committee as formed under this order/guidelines.
(l) "TERM Cell" means Telecom Enforcement, Resource and Monitoring Cell of the Department of Telecommunication (DoT), Government of India;
17 The Arunachal Pradesh Gazette, February 15, 2024 Part - III ] (n) Telegraph Infrastructure includes,-(i) Telecommunication Cell Site or Base Station (TCS/BS) or Telecom Tower or Mobile Tower, a place for tower, delta, single pole antenna, microwave antenna, telecom transceiver machinery, related civil works, requisite cable, power supply equipment, Diesel Generator set, cabin or cupboard for housing any or all of the aforesaid items is necessary.
(ii) Ground based tower (GBT), ground based mast/monopole (GBM), roof top tower (RTT), roof top pole (RTP).
(iii) Cell Phone Tower (CPT), Micro cell tower (MCT), antenna fixtures, fabricated antenna, tower to install telephone lines and Wi-Fi antenna,
(iv) Pre-fabricated or masonry structure shelters or installation of Base Transceiver Station (BTS) and other equipment.
(v) Cell-on-Wheels for duration >60 days
(vi) Cabling on the poles or electric poles.
(vii) Telegraph line laid under the ground and includes manholes, marker stones, appliances and apparatus for the purposes of establishment or maintenance of the telegraph line:
Provided further that any temporary infrastructure for managing events/festivals/fares of short duration (maximum 60 days) or to give coverage to blank areas, shall not be included in Telegraph Infrastructure for the purpose of these guidelines and no formal permission is required for installation of such temporary infrastructure.
(o) "SACFA" means Standing Advisory Committee on Frequency Allocation (SACFA) of the DoT.
(p) "Appellate Authority" means Secretary to the Government of Arunachal Pradesh, Department of IT and Communication as specified by Gazette Notification issued by DoT, 19th June, 2017.
(q) "Land Owning Agency" is the concerned Dept/Private entity that owns the land or building or pole or tower etc for which any kind of permission requires to be granted.
(r) "Schedule" means a Schedule appended to these guidelines.
(s) "Mobile Tower" means any above-ground contrivance for carrying, suspending or supporting a telegraph and does not include pole.
(t) "Pole" means any above-ground contrivance of height not exceeding 8 (eight) meters for carrying, suspending or supporting a telegraph and does not include mobile tower.
(u) "Small Cell" means a low powered cellular radio access node that has a coverage of distance from 10 (ten) meters to 2 (two) kilometers.
(v) "Street furniture" means post or pole used for electricity, street light, traffic light, traffic sign, bus stop, tram stop, taxi stand, public lavatory, memorial, public sculpture, utility pole or any other structure or contrivance of such nature established over the property of an appropriate authority.
3. Nodal Officer for the appropriate authority :
Under sub rule (1) of rule 4, the Deputy Commissioner of the District shall be the Nodal officer for the purpose of these guidelines. He/She shall be responsible for granting the permit in his/ her respective district.
4. Terms and conditions for granting permission to establish over-ground telegraph infrastructure :
(a) Mobile Towers :
(i) The Radiation norms fixed by DoT have to be strictly followed by the licensee. Any citizen can approach the TERM Cell with regard to grievance on any issue relating to radiation.
(ii) Sign boards and Warning Signs ("Danger", "Warning", "Caution" etc.) as per guidelines of DoT shall be provided at towers and antenna sites which are clearly visible and identifiable.
(iii) The licensee shall be permitted to erect/install telegraph infrastructure on open land including private/Government land, land and buildings of Government or Government owned/controlled statutory or non-Statutory institutions/bodies or at other public/private locations including roads, parks, playgrounds, schools, colleges, hospitals, land earmarked for public utilities.
(iv) In the walled city area or in the area of Heritage importance the Pole/Mast shall be designed keeping in view the Heritage character of the area as defined by competent authority.
(v) Installation of non-telecom over-ground infrastructure shall not be permitted on the right of way granted region for underground telecom infrastructure.
(vi) The licensee shall be granted permission to install micro cells/Wi-Fi access points and other required services on street light poles/bus shelters/government buildings.
[ Part - III The Arunachal Pradesh Gazette, February 15, 2024 18(vii) The licensee shall install and fix the equipment such as power back-up as per the standard norms of State Pollution Control Board in the earmarked boundary adjacent to mobile tower/ post.
(viii) The structural stability of the towers/posts and building in which it is erected, shall be ensured by the licensee and the towers/posts and their foundations shall be designed accordingly. He shall be solely responsible for any mishap, if it takes during or after erection of towers.
(ix) The permission shall not be withheld due to outstanding urban development tax or any other dues payable upon the land and building applied for installation of telegraph infrastructure. But the Nodal Officer shall communicate such tax or dues to the licensee and the Owner of the land and building and if an undertaking is submitted by the Owner for depositing the outstanding urban development tax or any other dues, as the case may be, then Nodal Officer shall grant the provisional permission for a period of 60 days within which the owner shall have clear all pending Government dues.
(x) Mobile towers/posts being a temporary structure and essential service in nature can be installed on any type of land/building regardless of its specified land use and shall not require change of land use under any law.
(xi) However, certain reasonable restrictions on distance from residential areas, location of tower etc can be imposed by Nodal Officer in view of concerns related public safety, Health & Hazard.
(xii) The area of the overground telegraph infrastructure (mobile tower) proposed to be established shall be the area occupied by the mobile tower and the supporting infrastructures, such as base transceiver station, engine alternator, etc. at the ground.
(b) Overground OFC infrastructure :
(i) The licensee shall be permitted to lay Overhead OFC along Electrical Polesalong open land including private/Government land or Government owned/controlled statutory or non-Statutory institutions/bodies or at other public/private locations including roads, parks, playgrounds, schools, colleges, hospitals, land earmarked for public utilities.
(ii) The licensee shall liaise with Department of Power, Government of Arunachal Pradesh for Overhead OFC plans along Electrical Poles.
(iii) The licensee shall be solely responsible for any mishap, if it takes during or after laying of Overhead OFC along Electrical Poles.
(iv) Comprehensive Permission shall be provided to the Implementing Agencies laying OFC to lay Cables on all the electrical poles in the state-owned electricity lines including permission to install additional poles to prevent sagging of the OFC, provided any requirement for strengthening of the existing poles shall be borne by the DoT through the implementing agencies. However, in doing so, it shall be the responsibility of the DoT(Implementing Agencies), the supply of power is not affected and the power infrastructure is not damaged.
(v) Establishment of temporary overground telegraph infrastructure:
In case of damage of any existing underground telegraph infrastructure for any reason, the licensee, whose existing underground telegraph infrastructure is damaged, may temporarily establish the overground telegraph infrastructure, in lieu of the damaged underground telegraph infrastructure, to restore the telegraph service for the period of sixty days from the date of reporting of damage of the infrastructure to the appropriate authority. No fee or compensation shall be charged by the appropriate authority for the establishment of temporary overground telegraph infrastructure.
C. Usage of street furniture for installation of small cells and telegraph line
(i) A licensee shall for the purpose of installation of small cell and telegraph line submit an application, along with details of street furniture and a copy of certification by a structural engineer authorized by appropriate authority, attesting to the structural safety of the street furniture where installation of small cells and telegraph line is proposed to be deployed, to the appropriate authority for permissions to use street furniture for installation of small cells and telegraph line.
(ii) The application submitted under sub rule (i), shall be accompanied with such fees as may be determined by the appropriate authority to meet administrative expenses for examination of the application, which shall not exceed the amount specified in Part-I of the Schedule.
(iii) The appropriate authority shall, within a period not exceeding 60 (sixty) days from the date of application made, grant permission or reject the application for reasons to be recorded in writing:
Provided that no application shall be rejected unless the applicant has been given an opportunity of being heard on the reasons for such rejection;
Provided further that the permission shall be deemed to have been granted if the appropriate authority fails to either grant permission or reject the application.
19 The Arunachal Pradesh Gazette, February 15, 2024 Part - III ](iv) The appropriate authority shall be entitled to receive such compensation from the licensee, not exceeding the amount specified in Part-III of the Schedule, for use of street furniture for installation of small cells and telegraph line, as may be determined by the appropriate authority.
(v) The appropriate central authority may permit installation of small cells on their buildings and structures.
(vi) For the purpose of sub rule (v), the "appropriate central authority" means the Central Government or the authority, body, company or institution, incorporated or established by the Central Government, in respect of property, under, over, along, across, in or upon which underground or overground telegraph infrastructure, is to be established or maintained, vested in, or under, the control or management of such Government, authority, body, company or institutions.
(vii) The licensee shall have the option of submitting single application for multiple sites and appropriate authority shall make due provisions for accepting such applications and issuing single permission for multiple sites accordingly for establishment of small cells.
(viii) The appropriate central authorities shall permit deployment of small cells and shall charge no administrative fees or compensation for deployment of small cells on buildings and structures vested in or under their control as per Part-I or Part-III of the Schedule:
Provided that the charges shall be levied for power (as per Industry tariffs), fixtures etc. provided by building owners as per actuals and licensee shall restore the damage done during deployment of small cells".
d. Establishment of telegraph infrastructure over private property
Where the licensee proposes the establishment of overground telegraph infrastructure over any private property, the licensee shall not require any permissions from the appropriate authority.
Provided that in case of establishment of mobile tower or pole over a private building or structure, the licensee shall submit an intimation, in writing, to the appropriate authority, prior to commencement of such establishment.
Provided further that along with intimation, he shall also submit the details of the building or structure, where the establishment of mobile tower or pole is proposed, and a copy of certification by a structural engineer, authorized by the appropriate authority, attesting to the structural safety of the building or structure, where the mobile tower or pole is proposed to be established.
5. Terms and conditions for granting permission to lay underground telegraph infrastructure (OFC):
(i) The licensee shall obtain necessary permission for laying optical fiber cable (OFC) network/underground telegraph infrastructure and taking fiber to home under roads and overhead from the Nodal Officer of concerned appropriate authority;
(ii) The work shall be started from the outer areas of the city and then to the core area;
(iii) Damages of roads and filling up of pits caused during the laying of underground telegraph infrastructure and taking fiber to home shall be repaired by the concerned local body and the entire expenses, for restoration of damaged road portion shall be charged by the local body from the licensee. Charges for such expenses shall be fixed by the State Government from time to time, on the basis of applicable schedule of rates for works for similar nature. The Basic Schedule of Rate (BSR) and guidelines issued by the Public Works Department (PWD), Government of Arunachal Pradesh shall be followed for calculating the restoration charges. Such charges shall be deposited in the advance in the form of valid applicable financial instrument/digital payment mode within period of 30 days from the date of grant of the permission and prior to the commencement of work of laying the underground telegraph infrastructure. An amount equal to restoration charges, as security shall be taken (in lieu of expenses for restoration) prior to the commencement of such work in the form of a Bank Guarantee valid for one year if the licensee has undertaken to discharge the responsibility of restoration of damaged road portion. The period can be extended based on the requirement:
Provided that no other charges, (except above-mentioned restoration charges and relevant administrative charges prescribed in Part-II of the Schedule shall be levied on the licensee.
(iv) Laying OFC through Micro:- Trenching Method shall be allowed during monsoons, provided that the applicant takes all security measures and makes arrangements for immediate restoration of the damage caused.
(v) Supervision of the work :
(a) The Nodal Officer, or any officer authorized by the appropriate authority, may supervise the execution of work to ascertain if the conditions imposed under the rules and these guidelines are observed by the licensee;
(b) The Nodal Officer may, on the basis of such supervision, impose such other reasonable conditions as it may think fit; including maintaining proper distance/depth of the laid OFC [ Part - III The Arunachal Pradesh Gazette, February 15, 2024 20 (c) If the Nodal Officer comes to the conclusion that the licensee has wilfully violated any of the conditions, he/she may forfeit, in full or in part, the bank guarantee submitted by the licensee and withdraw the permission, for reasons to be recorded in writing :
Provided that no action shall be taken under this clause unless the licensee has been given a reasonable opportunity of being heard.
(d) Bank Guarantee shall not be released to the Licensee till the road asset is not restored to original state
(e) Only pits of approximate size 1.5mtr.x1.5mtr.x1.5mtr. depth or as per requirement at site shall be excavated in the roads where optical fiber cables are to be laid, at a distance of not less than 100 meter. The pits shall be refilled only with granular material and shall be compacted as per the specifications. The pits/trenches shall be reinstated within 48 hours, repeat shall be reinstated within 48 hours, after the work at that location is over, failing which, penalty as applicable as per the guidelines for trenching activities shall be applicable besides the cancellation of permission etc.
(vi) Number of ducts under the roads for which permission shall be granted as per requirement of the licensee.
(vii) The licensee shall ensure provision of positional intelligence, through appropriate technology, of all underground telegraph infrastructures to enable the Land Owning Agency and Nodal Officer to obtain real time information on its location.
(viii) The licensee shall carry out Ground Penetrating Radar (GPR) survey wherever necessary along the route where the ducts shall be laid for detection of existing utilities. The data of utilities collected by the licensee through GPR survey should be unconditionally shared with land owning body and the Nodal Officer, free of cost.
(ix) Where Horizontal Directional Drilling technology is used for establishing underground telegraph lines restoration charges shall be levied for pits only provided no damage has been caused to any utilities. However, no damage shall be caused to any underground utilities while laying the ducts by using Horizontal Directional Drilling (HDD) methodology. In case any utility is damaged, the damage so caused to the utilities, shall be rectified by the licensee at his own cost.
(x) Ducting Methodology :
(a) Ducts shall be laid as per DoT mentioned specifications.
(b) The area of the underground telegraph infrastructure proposed to be established shall be the length of duct multiplied by the diameter of the duct multiplied by the number of ducts.
Explanation.- "Duct" means a pipe, permanently lubricated or of any other kind, used as underground cable conduit for telegraph line.
(c) The appropriate authority shall be entitled to receive such compensation from the licensee, not exceeding the amount specified in Part-III of the Schedule, for the use of the property under which the underground telegraph infrastructure is proposed to be established, as may be determined by the appropriate authority.
(xi) The cost of shifting conduits/OFC, wherever required, shall be borne by the licensee and instructions of Local Body in this respect shall be complied within the time frame fixed by the concerned Local Body.
(xii) Land Owning Agency shall not be responsible for any damage to OFC and resultant losses, if any, due to any act of employee of Governments or Land Owning Agency, while performing official duties. However, prior written intimation shall be given by the Land Owning Agency to the licensee. In case local body executes the work and causes enough damage which may disrupt the service, then local body shall be liable to pay the penalty to the licensee due to physical damage only as determined by the State Public Works Department.
(xiii) The licensee shall make proper arrangement for access control of the chambers to avoid misuse/ illegal use of ducts and the chambers.
(xiv) For laying overhead OFC from fiber to home network it shall be permitted to erect poles on specified locations on roads over the ground area not more than 1 meter X I meter. The spacing between two poles should not be less than 50 meters in line of the sight.
(xv) The licensee shall ensure that,-
(a) Prior to the commencement of work of laying the optical fiber and at all times during the execution of the work, the measures to mitigate public inconvenience and provisions for public safety are implemented;
(b) Structural safety of over-ground infrastructure are implemented; and
(c) The work of laying OFC/telegraph infrastructure is carried out in accordance with the conditions 21 The Arunachal Pradesh Gazette, February 15, 2024 Part - III ] 6. Terms and conditions for granting permission to lay Overhead telegraph infrastructure (OFC) : (i) The licensee shall obtain necessary permission for laying optical fiber cable (OFC) network/Overhead telegraph infrastructure and taking fiber to home along Electrical Poles from the Nodal Officer of concerned appropriate authority;
(ii) The work shall be started from the outer areas of the city and then to the core area;
(iii) Damages of roads or poles caused during the laying of Overhead telegraph infrastructure and taking fiber to home shall be repaired by the concerned local body/Land Owning Agency and the entire expenses, for restoration of damaged road or Power Infrastructure shall be charged by the local body/Land Owning Agency from the licensee. Charges for such expenses shall be fixed by the State Government from time to time, on the basis of applicable schedule of rates for works for similar nature. The Basic Schedule of Rate (BSR) and guidelines issued by the Public Works Department (PWD)/Power Department, Government of Arunachal Pradesh shall be followed for calculating the restoration charges. Such charges shall be deposited in the advance in the form of valid applicable financial instrument/digital payment mode within period of 30 days from the date of grant of the permission and prior to the commencement of work of laying the Overhead telegraph infrastructure. An amount equal to restoration charges, as security shall be taken (in lieu of expenses for restoration) prior to the commencement of such work in the form of a Bank Guarantee valid for one year if the licensee has undertaken to discharge the responsibility of restoration of damaged road or Power Infrastructure. The period can be extended based on the requirement:
Provided that no other charges, (except above-mentioned restoration charges for immovable property, restoration charges in case of establishment of poles for installation of small cells and telegraph lines and relevant administrative charges as prescribed in Part-II of the Schedule shall be levied on the licensee.
(iv) Laying Overhead OFC along Electrical Poles:-Power Distribution network of the State from Power Department, Government of Arunachal Pradesh should be the point of reference for all planning of Overhead OFC laying work in the State.
(v) Supervision of the work:-
(a) The Nodal Officer, or any officer authorized by the appropriate authority, may supervise the execution of work to ascertain if the conditions imposed under the rules and these guidelines are observed by the licensee;
(b) The Nodal Officer may, on the basis of such supervision, impose such other reasonable conditions as it may think fit; including maintaining proper distance of the laid OFC
(c) If the Nodal Officer comes to the conclusion that the licensee has wilfully violated any of the conditions, he/she may forfeit, in full or in part, the bank guarantee submitted by the licensee and withdraw the permission, for reasons to be recorded in writing :
Provided that no action shall be taken under this clause unless the licensee has been given a reasonable opportunity of being heard.
(d) Electrical Poles, if unusable/damaged for Overhead cable laying, can be replaced by the licensee with prior permission from Power Department and intimation to Department of IT and C.
(e) In case of damages caused while carrying out Overhead OFC work, the infrastructure shall be reinstated within 48 hours, failing which, penalty as applicable as determined by the SLMC Overhead OFC laying activities shall be applicable besides cancellation of permission etc.
(vi) No damage shall be caused to any overground utilities. In case any utility is damaged, the damage so caused to the utilities, shall be rectified by the licensee at his own cost.
(vii) For laying overhead OFC from fiber to home network it shall be permitted to erect poles on specified locations on roads over the ground area not more than 1 meter XI meter. The spacing between two poles should not be less than 50 meters in line of the sight.
(viii) The licensee shall ensure that,-
(a) Prior to the commencement of work of laying the optical fiber and at all times during the execution of the work, the measures to mitigate public inconvenience and provisions for public safety are implemented;
(b) Structural safety of over-ground infrastructure is implemented; and
(c) The work of laying OFC/telegraph infrastructure is carried out in accordance with the conditions specified under the rules and these guidelines.
[ Part - III The Arunachal Pradesh Gazette, February 15, 2024 22 7. Application for permission :(1) Application (in duplicate) for permission for establishment of over-ground telegraph infrastructure or for its renewal shall be submitted to the Nodal Officer in the Form-1 along-with following documents.-
(i) A copy of relevant license/IP-I registration certificate issued by the Department of Telecommunications. It needs to be submitted only once per licensee to a particular Nodal Officer defined under rule 3 of these guidelines.
(ii) Location map from any publicly available source (scale 1:1000) showing the site with its latitude- longitude. Licensee shall share all new and existing GIS map of OFC routes and towers with the Department of IT and Communication and DTC.
(iii) The detailed technical design and drawings of the tower/post or other above ground infrastructure including the specification of foundation. In case the tower/ post etc. is within 100 meter aerial distance of high or low tension line, then its distance from the same shall be clearly indicated in the drawings.
(iv) Copy of Structural Stability Certificate for the building and tower/post obtained from any authorized Structural Engineer, or/from recognized institute or a Structural Engineer registered or employed in Central or State Government Service or a Quasi- Government Organization or any other agencies authorized from time to time by the State Government.
(v) Copy of No-objection Certificate issued by the Fire Safety Department in case of high rise buildings where fire clearance is mandatory.
(vi) Copy of SACFA clearance/copy of SACFA application for the said location submitted to Wireless Planning and Coordination (WPC) wing of DoT with registration number as WPC acknowledgement along with undertaking that in case of any objection/rejection, licensee shall take corrective actions/remove the tower.
(Note : the copy can be submitted to the Nodal Officer as soon as the location is finalized and the tower is installed).
(vii) For Forest/Protected Areas, the copy of clearance from State Environment and Forest Department, if applicable.
(viii) Acknowledgement receipt issued by TERM Cell on the basis of self-certificate submitted by licensee in respect of mobile tower/Base Transceiver. Station (BTS) establishing/certifying that all general public areas around the tower shall be within safe Electro Magnetic Radiation (EMR) exposure limit as per peak traffic measurement after the antennas starts radiating.
(Note: It can be submitted within 30 days after radiating the tower).
(ix) Copy of the type test certificate issued by Automotive Research Association of India (ARAI) to the manufactures of the DG sets.
(x) Ownership title document of the building/site needs to be submitted. (Self attested copies). However, production of Patta/approved map should not be insisted upon but in specific cases such documents if required then same needs to be submitted.
(xi) Attested copy of Lease Agreement Deed/Consent Letter, signed by the applicant and the owner of the site/building.
(xii) The Nodal Officer/Land Owning Agency may also seek the copy of No Objection Certificate (NOC)/ Consent Letter from building owners/entities/societies having roof top rights in case of roof based tower or from land owner in case of ground based tower.
(xiii) In case the permission is sought in the land/premises of any office of Central Government or a PSU of Central Government, the prior written consent or copy of agreement from the authority having legitimate right over the land/premises shall be attached with the application.
(2) Application for permission to lay underground telegraph infrastructure or taking fiber to home in the right of way shall be submitted to the Nodal Officer in Form-2 along-with following documents,-
(i) a copy of relevant license/IP-I registration certificate issued by the Department of Telecommunications. It needs to be submitted only once per licensee/IP.
(ii) the location map showing the proposed underground telegraph infrastructure including route planned, exact latitude and longitude, nature of land
(iii) the copy of consent of the owner of land/building where the OFC/telegraph infrastructure proposed to be laid;
(iv) certificate by a structural engineer (as mentioned in Para 5 (1) (iv)) attesting to the structural safety of building where the post or other above-ground contrivances is proposed to be established on a building;
23 The Arunachal Pradesh Gazette, February 15, 2024 Part - III ] (v) the detailed technical design and drawings of the post or other above-ground contrivances(in case of over-ground cabling);
(vi) the copy of approval issued by the DoT for locations of the above-ground contrivances proposed to be used for the transmission of Radio waves or Hertzian waves (in case of over-ground cabling);
(vii) For Forest/Protected Areas, the copy of clearance from State Environment and Forest Department, if applicable.
(Note : NOC of Forest Department would not be required in areas not covered under Forest/ Protected Areas.)
(3) The licensee shall submit a copy of receipt in proof of the payment of application fee and other charges as prescribed under the Schedule of these guidelines.
(4) The licensee shall furnish such other relevant information as may be required by the Nodal Officer or as the State Government may direct.
(5) The licensee may also submit the soft copy of the application along with all the forms, statements and documents.
(6) Application, if the licensee desires, may be submitted On-line in cases of such appropriate authorities, wherever they have proper arrangements for this purpose till the time Department of IT and Communication come up with a common on-line platform for the State for receipt/processing of application. Department of IT and Communication shall develop the same within -3 months from the date of notification of these guidelines.
(7) In cases where applications for permission for establishment of telegraph infrastructure has been submitted under erstwhile Order/s of the State Government for new as well as existing telegraph infrastructure but permission has not been issued, then in such cases, there would be no need to submit fresh application. However, any documents required under these guidelines, but not submitted earlier, shall be submitted along-with the fee/charges under these guidelines. The Nodal Officer shall issue the permission in accordance with these guidelines. The fees/charges paid earlier shall be adjusted and such pending application should be disposed of within 30 days from the deposit of remaining fee/charges and submission of remaining documents. In case the fees paid is excess the same shall be refunded to the applicant. In case the permission has not been granted in 30 days, the Licensee shall re-approach the Nodal Officer after the 30th day from the submission of the complete application on which Nodal Officer will be required to revert in next 15 days, else the application shall be considered deemed to be approved post 15th day.
(8) All applications received by the Nodal Officer shall be entered in a Register in Form-3 and shall be maintained for record.
8. Examination and scrutiny of applications:
(1) The Nodal Officer, shall, within three days of the receipt of the application, send it to the Engineering or Planning cell of the Land Owning Agency for examination, who, considering Parameters as detailed in Para below, shall submit their report within three days of the receipt of the application from the Nodal Officer.
(2) In case the permission is sought for overground telegraph infrastructure(in addition to the scrutiny mentioned in 7(1) above); the Nodal Officer, shall within three official working days of the receipt of the application shall send it to the EAC/Circle Officer concerned having jurisdiction of the area for examination and, who, considering parameters as detailed in Para 8 below, shall submit their report within seven official working days of the receipt of the copy of application to the Nodal Officer.
(3) The Nodal Officer also, shall scrutinize the applications and verify or cause to be verified the contents and facts envisaged in the application and in other supporting documents within seven official working days of the receipt of report under sub-Para (1) or (2) above, as the case may be.
(4) If after scrutiny of documents and other details, the Nodal Officer is of the opinion that any additional relevant information on the subject matter required to be sought, he may require the licensee within a period of fifteen official working days from the receipt of the application to submit the same and the licensee shall be bound to submit such additional information within ten official working days, failing which the application may be disposed off ex-parte within the stipulated period specified in Para-9.
9. Parameters for examination of application :
Only online applications shall be accepted for installation or laying any kind of Telegraph Infrastructure through the centralized online Right of Way (RoW) portal of the DoT and/or any other portal authorized by the Department of IT and Communications, Government of Arunachal Pradesh.
(1) The application for establishment of over-ground telegraph infrastructure shall be examined with respect to the following parameters, namely.-
(a) the extent of land required for such infrastructure;
(b) the location proposed;
[ Part - III The Arunachal Pradesh Gazette, February 15, 2024 24 (c) the mode and time duration for execution of the work;(d) the estimation of the expenses that the Local Body and Land Owning Agency shall necessarily be put in consequence of the work proposed to be undertaken shall be prepared as per the latest instruction/ guidelines of the Public Works Department, Government of Arunachal Pradesh;
(e) assessment of the inconvenience that the public is likely to be put to in consequence of the establishment or maintenance of the above ground telegraph infrastructure, and the measures to mitigate such inconvenience indicated by the licensee;
(f) Certification/ information indicated in the documents as required under sub-Para (1) of Para 6 of these guidelines.
(g) Consultation with members of Local Body, if deemed fit.
(2) The application for laying of underground telegraph infrastructure shall be examined with respect to the following parameters, namely.-
(a) the route planned for the proposed underground telegraph infrastructure and the possible interference, either in the establishment or maintenance of such telegraph infrastructure, with any other public infrastructure that may have been laid along the proposed route ;
(b) the mode of execution;
(c) the time duration for execution of the work and the time of day that the work is proposed to be executed ;
(d) the estimation of the expenses that the local body and Land Owning Agency shall necessarily be put in consequence of the work proposed to be undertaken;
(e) the responsibility of restoration of any change that the local body/Land Owning Agency may necessarily may put in consequence of the work proposed to be undertaken;
(f) assessment of measures to ensure public safety and inconvenience that the public is likely to be put in consequence of the work proposed and the measures to mitigate such inconvenience indicated by the licensee;
(g) Certification/information indicated in the documents as required under sub-Para (2) of Para 6 of these guidelines.
10. Disposal of applications :
(1) The Nodal Officer shall be responsible for the single window clearance of the application made by the licensee.
(2) The Nodal Officer, examining and considering all the facts including facts mentioned in the application and reports received under sub-Para (1) or (2), as the case may be, of Para-7 and objections/ suggestions, if any, filed under sub-Para (3) of Para 7, shall within a period not exceeding sixty (60) official working days from the date of application received under Para 6
(a) Grant permission on conditions as specified in Para 4 or 5, as the case may be, and conditions of time, mode of execution, measures to mitigate public inconvenience or enhance public safety as specified by the Nodal Officer subject to the provisions of the rules and these guidelines. The permission shall be issued in Form-4 or Form-5, as the case may be,
(b) Reject the application for reasons to be recorded in writing. The permission may be refused only if the application is found to be against any of the provisions of the rules and these guidelines but shall not be refused on any extraneous ground:
Provided that no application shall be rejected unless the applicant licensee has been given an opportunity of being heard or minimum time of seven (7) official working days to furnish the required details as sought on the reasons for such rejection.
Provided further that the permission shall deemed to be granted if the Nodal Officer fails to either grant permission under (a) or reject the application under (b) within sixty (60) official working days; and the same shall be communicated in writing (in the Form-4 or 5) to the applicant- licensee not later than five (5) official working days after permission is deemed to have been granted.
11. Application fee and other charges :
The licensee shall be charges as per the rates specified at Part-I, II & III of the Schedule, appended to these guidelines.
12. Fee and other charges in respect of installation/laying telegraph infrastructure on Government
lands and buildings:
25 The Arunachal Pradesh Gazette, February 15, 2024 Part - III ](2) The licensee shall also deposit following annual charges for using area of lands and buildings of Government or statutory or non-statutory bodies/institutions apart from the charges specified in sub-Para (1) follows namely:
(a) In case of lands and buildings belonging to Central Government or statutory or non-statutory bodies/institutions of the Central Government, rates of annual charges as may be determined by the Central Government, shall be deposited in the funds of the concerned Department of Central Government or statutory or non-statutory bodies/institutions, as the case may be.
(b) In case of lands and buildings belonging to State Government or statutory or non-statutory bodies/institutions/agencies of the State Government including local bodies annual charges shall be deposited as determined by HLMC from time to time
(c) In case of each Wi-Fi antenna or Micro Cell unit with utility box attached to Micro Cell are installed on any land or building including bus shelters, street, light pole, public places, other Government premises annual charges as determined by HLMC shall be deposited by the licensee to the Land Owning Agency.
(d) The licensee shall have to deposit charges as determined by HLMC per pole annually to the local body/Land Owning Agency for use of street light poles to carry OFC/Aerial cabling.
(e) The annual rent for putting up manhole/chamber on the OFC route shall be charged @ 1% of the notified land rules of the area taking actual number of chambers and their actual size into consideration. Any other charges shall not, however, be levied for putting up chambers.
(f) The licensee may, if he so desires, deposit one time charges under clause (b) or clause (c) or clause (d), clause (e), as the case may be, which would be equal to eight times of such full annual charges. Such a payment would exempt the licensee from further liability of payment of aforesaid annual charges under clause (b) or clause (c) or clause (d), clause (e), as the case may be.
(g) Restoration charges for laying underground OFC to the Land Owning Agency shall be deposited as mentioned in clause (iii) of para-5.
(h) No fee and charges shall be recovered from the Government Departments for establishing Telecommunication system including towers/poles for their use.
13. Guidelines for installations of in-building solutions (IBS) in Government Buildings :
The in-building systems may be set-up in buildings to obtain good coverage and capacity to the mobile network inside the building by ensuring that the signals don't have to penetrate thick walls. The infrastructure required to be installed requires extensive wiring in building which could be internal or external based on the aesthetical requirement of the owner. This solution is beneficial to the mobile users as well as mobile operators as it reduces the load of the mobile towers and gives coverage to the mobile users. In this regard, following guidelines shall be followed.
(1) Identification/selection of Government buildings for in-building solution would be done by the concerned department and request for installing IBS can be communicated to the Telecom Service Provider who in-turn shall conduct a survey to see the possibility of installing IBS in the said premises/building. The survey shall be verified by an engineer from Public Works Department who is member of the District Level Monitoring Committee.
(2) The permission for setting such a facility would be given by the concerned Head of department of the building and issue enabling order to allow such installations. In view of requirement of exterior/interior wiring for in-building solution, the line plan should be got approved by the maintenance agency for electrical services for the said building. The service provider would also look into the security considerations of the Government offices.
14. Tenure of permission and renewal :
(1) The permission accorded shall be valid from the date of its issuance and it shall be limited up to the periods of permission/license granted by the DoT. The licensee shall submit application for renewal of permission to the Nodal Officer at least sixty official working days before the expiry of the permission along with all the documents as required for new permission. The Nodal Officer shall renew the permission after charging fee and other charges as prescribed under the Schedule.
(2) The Nodal Officer shall renew the permission up to the period of the permission/license granted to the licensee by the DoT under the Indian Telegraph Act, 1885.
(3) The Nodal Officer shall dispose of renewal application within fifteen official working days. If application for renewal is submitted in time, the operation of the Mobile Tower etc. shall not be discontinued for any delay in disposal of application for clearance by the Nodal Officer.
[ Part - III The Arunachal Pradesh Gazette, February 15, 2024 26 15. Regularization of existing mobile towers :(1) Wherever permission has already been granted under erstwhile policy/orders, the same shall hold good and no fresh permission shall be required under these guidelines. The tenure of permission so granted shall be from the date of its issuance and it shall also be limited up to the period of permission/ license granted by the DoT
(2) For all the existing mobile towers where application has been already submitted, shall be regularized by Nodal Officers on the basis of application and documents already submitted. Earlier fees paid, if any, by the licensee shall be adjusted as per the new guidelines which shall also taken into consideration the payments already made and under process with various local authorities. In case the permission has not been granted in 30 days from the date of commencement of this policy, the Licensee shall re-approach the local body on which local body is required to revert in next 15 days, else the application shall be considered deemed to be approved post 15th day.
(3) For all the existing mobile towers etc. wherein formal permission has not been issued by the Nodal Officer and application not submitted, shall be regularized upon submission of application in Form-6 along with information and documents as specified therein and after the payment of prescribed fee/charges under these guidelines. Such application shall be submitted within six months of issue of these guidelines, after which they said mobile towers etc. shall be deemed as unauthorized. Once the application is submitted within due time, the operation of the Mobile Tower shall not be discontinued till disposal of the application by the Nodal Officer or till the disposal of appeal (if any) filed in time with Appellate Authority, whichever is later. In case the permission has not been granted in 30 days, the Licensee shall re-approach the local body after the 30th day from the submission of the complete application on which local body required to revert in next 15 days, else the application shall be considered deemed to be approved post 15th day.
(4) Telecom Installations are critical communication infrastructure for seamless mobile and internet services to the citizens. In order to avoid disruption in mobile/internet communication, an essential service, sealing of existing and operational base transceiver station towers or any interruption to internet service by disconnection of electricity of such tower or any equipments/accessories installed for internet transmission may not be resorted to without the consent of the respective TERM Cell in respect of the EMF radiation related issues.
16. Construction/ repair works by various utility service providers of State/ Central authorities :
The agencies of various utility service providers extending services such as electricity (DISCOMs), water supply pipes, gas pipes, sewerage, RoW works (PWD/NHAI) etc. while undertaking new construction/ repair works in specific alignment to optical fibre cable (OFC) shall intimate to concerned Nodal Officer and Land Owning Agency and also to concerned TSP/IP providers well in advance not less than 15 official working days before the start of work so as to give sufficient time to TSP/IP to make plans for shifting of OFC/alternate rout in order to avoid disruption in mobile/internet services.As the TSP/IP are providing/ supporting Telecom services the power disconnection to telecom installations on account of any planned repair/maintenance activity shall not be done without prior notice to the concerned TSP/IP at least 15 days in advance.
17. Seizure and removal of unauthorized telegraph infrastructure :
(1) If any person, after the issuance of these guidelines, installs or continues to install any tower or any other telegraph infrastructure without obtaining the prior permission and depositing the prescribed fee and charges then in such cases power/electricity connections shall not be provided. The Nodal Officer, through Local Body and Land Owning Agency, may seize and remove such tower and the expenses incurred by the Local Body and Land Owning Agency for such removal or seizure shall be recovered from the licensee/person concerned :
Provided that before seizure or removal of tower etc. the Nodal Officer shall afford an opportunity of hearing to the concerned person/licensee by giving at least thirty days' notice to him.
(2) In case any Telecommunication system has been seized or removed under this Para, intimation shall be sent immediately to Department of IT and C and to the TERM Cell of DoT in the State. TERM cell, Arunachal Pradesh office shall update details of their designated officials with the Department of IT and Communication from time to time.
18. Right of authorities to seek removal :
27 The Arunachal Pradesh Gazette, February 15, 2024 Part - III ](2) On receipt of the notice under sub-Para (1), the applicant (licensee) shall, forthwith and within a period of thirty days, proceed to submit, to the Nodal Officer, a detailed plan for removal or alteration of such telecom tower or OFC/telegraph infrastructure.
(3) The Nodal Officer shall, after examination of the detailed plan submitted by the applicant (licensee) under sub-Para (2), pass such orders as it deems fit:
Provided that the Nodal Officer shall, having regard to emergent and expedient circumstances requiring the removal or alteration of such telecom tower or OFC/telegraph infrastructure, provide reasonable time to the applicant (licensee) for removal or alteration of such telecom tower or OFC/telegraph infrastructure:
Provided further that the responsibility and liability, including the cost thereof, for removal or alteration of such telecom tower or OFC/telegraph infrastructure shall be borne by the applicant (licensee).
19. State Level, Department Level and District Level Telecom Monitoring Committees :
(1) There shall be a High Level Telecom Monitoring Committee (HLMC) in the State which shall act as an Apex Committee for overall guidance and monitoring of the implementation of these guidelines under the Chairmanship of the Commissioner and Secretary, Department of IT and Communication with the following members. Terms of Reference is to review and monitor progress of Telecom Projects in the State in every 4 months. However, the Chairman of SLMC is authorized to co-opt any expert as necessitated:
Sl. No Designation Membership
1 2
3
1. Chief Secretary Chairman 2. Development Commissioner(Finance) Vice-Chairman 3. PCCF, Environment and Forest Member 4. Divisional Commissioner East Member 5. Divisional Commissioner West Member 6. Commissioner (Power) Member 7. Commissioner/Secretary, PWD Member 8. Secretary, GAD Member 9. RO, MORTH Member 10. Secretary, UD Member 11. Secretary, PR and RD Member 12. Deputy Director General(TERM) Arunachal Pradesh Member 13. State Head of BSNL Member 14. State Heads of Telecom Service Providers Member 15. Secretary, IT and Communication Convenor 16. Special Secretary, IT and Communication Member
(2) Department Level Telecom Monitoring Committee: There shall be Department Level Monitoring Committee in the State to implement these guidelines under the overall supervision of the HLMC. The Department Level Monitoring Committee shall comprise of the members as mentioned below. Terms of Reference is o review and monitor progress of Telecom Projects in the State in every 3 months. However, the Chairman of Department Level Monitoring Committee is authorized to co-opt any expert as necessitated:
Sl. No Designation
Membership
1 2
3
(i) Secretary IT and Communication Chairman (ii) State Head of each Telecom Service Provider Member (iii) Addl. PCCF, Environment and Forest Member (iv) Jt. Secretary, Home Department Member (v) Chief Engineer, Power(All Zones), PWD Member[ Part - III The Arunachal Pradesh Gazette, February 15, 2024 28
1 2
3
(vi) CE, Project (Udayank, Arunank, Vartak, Brahmank) Member (vii) Director, PR and RD Member (viii) Director, UD Member (ix) Director, LM Member (x) Representative of (TERM) Arunachal Pradesh Member (xi) State Head of BSNL Member (xii) Special Secretary, IT and Communication Convenor (xiii) SIO, NIC Member (xiv) Director IT and Communication Member
(3) District Level Telecom Monitoring Committee (DLMC): There shall be District Level Monitoring Committee in each district to implement these guidelines under the overall supervision of the HLMC. The DLMC shall comprise of the members as mentioned below. Terms of Reference is to review and monitor progress of Telecom Projects in the State twice in every month. However, the Chairman of DLMC is authorized to co-opt any expert as necessitated:
Sl. No Designation Membership
1 2
3
(a) Deputy Commissioner Chairman (b) Superintendent of Police Member (c) TERM Cell representative Member (d) Chairperson, Zilla Parishad Member (e) PD (DRDA) Member (f) Block Development Officers/Circle Officers Member (g) Executive Engineer, PWD Member (h) Executive Engineer, RWD Member (i) DLRSO Member (j) EE, Power Member (k) Deputy Director, UD Member (l) DFO Member (m) SDO (T) BSNL Member (n) Representative of each Telecom Service Provider Member (o) Rail Tel Engineer Member (p) Representative from BBNL Member (q) Additional Deputy Commissioner (HQ) Convenor
(4) The HLMC/DLMC shall deal with the issues related to installation of telecom infrastructure
including (Within their jurisdiction) the following:-
(i) Implementation of these guidelines in a smooth manner for development of the telegraph infrastructure in the State.
(ii) Public grievances which may arise in case of installation of mobile towers, laying of underground or overhead OFC etc. in the State.
(iii) Grievances for seizure/removal of unauthorized mobile towers, underground and over ground of etc.
20. Appeals/Dispute Resolution/Public Grievance :
(a) Any dispute arising between a licensee and the Nodal officer in consequence of these guidelines or any complaint/ grievance by any individual/organization shall be referred to the Appellate Authority within 30 days of order of Nodal Officer.
(b) The Appellate Authority shall decide the dispute/ dispose of the complaint/grievance within thirty days of receipt of the grievance.
29 The Arunachal Pradesh Gazette, February 15, 2024 Part - III ](c) Appeal shall lie against the decision of the Appellate Authority to the HIGH LEVEL MONITORING COMMITTEE by the aggrieved party within sixty (60) days of the order of Appellate Authority. The HIGH LEVEL MONITORING COMMITTEE shall decide the dispute/dispose of the complaint/grievance within thirty days of receipt of the grievance.
(d) The Appellate Authority shall determine the disputes in accordance with sub-rule (3) of rule 14 of Indian Telegraph Right of Way Rules, 2016.
21. Removal of Difficulties :
The Government of Arunachal Pradesh may amend these guidelines or issue further guidelines, as and when necessary, for removal of any difficulties that may arise for issue of clearance or permit for installation of overground and underground telegraph infrastructure in the State.
22. These Policy guidelines supersedes the "Guidelines for granting Right of Way (RoW) to Telegraph Infrastructure in Arunachal Pradesh, 2018".
Anirudh Saran Singh, IRS Secretary to the Government of Arunachal Pradesh, Department of IT and Communications, Itanagar.
THE SCHEDULE
No. Item Amount
(1) (2)
(3)
Part - I Fee
A. For establishment of underground ` 1000 per kilometer.
telegraph infrastructure
B. For establishment of overground (i) ` 10,000 for establishment of mobile towers telegraph infrastructure
(ii) ` 1000 per kilometer for establishment
of overground telegraph line
(iii) Nil for establishment of poles, for installation of
small cells and telegraph line, on the immovable property vested in, or under control or management of appropriate central authority.
(iv) ` 1000 per pole for establishment of poles,
for installation of small cells and telegraph line, on the immovable property vested in, or under control or management of appropriate authority, other than appropriate central authority.
C. For establishment of temporary Nil overground Telegraph Infrastructure.
D. For installation of small cells and Nil
telegraph line using the street furniture
E. For the deployment of small Nil
cells on building or structures vested in or under the control of appropriate central authorities.
Part-II Charges for restoration
F. Establishment of underground Sum required to restore immovable property as per the
telegraph infrastructure where rate prescribed by Central Public Works Department
undertaking is not given by the (CPWD) for that area or as per the rate prescribed by
licensee to discharge the state public works department for that area, if no rate has
responsibility to restore the been prescribed by CPWD for that area.
damages
G. Bank Guarantee as security for 20% of the sum required to restore immovable property
performance in case of establishment as per the rate prescribed by CPWD for that area or as
of underground telegraph infrastructure per the rate prescribed by State PWD for that area,
where undertaking is given by the if no rate has been prescribed by CPWD for that area.
licensee to discharge the
responsibility to restore the damages.
[ Part - III The Arunachal Pradesh Gazette, February 15, 2024 30
(1) (2)
(3)
H. Establishment of overground telegraph Sum required to restore immovable property as per the infrastructure rate prescribed by Central Public Works Department
(CPWD) for that area or as per the rate prescribed by state public works department for that area, if no rate has been prescribed by CPWD for that area.Further, licensee shall restore the damage incurred in case of establishment of poles for installation of Small Cells and telegraph line.
Part-III Compensation
I. Establishment of underground Nil
telegraph infrastructure.
J. Establishment of temporary Nil
overground Telegraph Infrastructure.
K. Establishment of Overground Rate as per the appropriate authority may, by general order Infrastructure specify, if such property cannot be used for any other
purpose.
However, for establishment of poles for installation of small cells and telegraph line, compensation shall be Nil.
L. Usage of street furniture for (i) For installation of small cells, ` 300 per annum for installation of small cells and urban areas and ` 150 per annum for rural areas telegraph line per street furniture.
(ii) For installation of telegraph line, ` 100 per annum
per street furniture.
M. For deployment of small cells on Nil
building or structures vested in or under the control of appropriate central authorities.
NOTIFICATION
The 10th January, 2024
No. T-E-11014/4/2021.—In exercise of the powers conferred by the proviso to Aritcle 309 of the Constitution of India and in supersession of all Recruitment Rules notified perior to this notification, except with respect to things done or omitted to be done before such supersession, the Governor of Arunachal Pradesh is pleased to make the following rules to regulate recruitment to the post of Deputy Commissioner (Tax, Excise and Narcotics) Group-A Gazetted (Non-Ministerial) in the Department of Tax, Excise and Narcotics, namely:-
1. Short title and commencement : (1) These rules may be called the Deputy commissioner (Tax, Excise and Narcotics) Recruitment Rules, 2023.
(2) They shall come into force on the date of their publication in the Arunachal Pradesh Gazette.
2. These rules shall apply to the posts as specified in column 1 of the Schedule Annexed to these Rules.
3. Number of posts, classification and Level in the Pay Matrix : The number of posts, their classifications and level in the Pay Matrix attached thereto shall be as specified in column 2 to 4 in the Scheduled aforesaid.
4. Method of Recruitment, age limit and other qualifications: The method of recruitment to the posts, age limit, qualifications and other matters relating thereto shall be as specified in columns 5 to 13 of the schedule aforesaid.
5. Disqualification : No person:-
(a) who has entered into or contracted a marriage with a person having a spouse living; or
(b) who having a spouse living, has entered into or contracted a marriage with any person, shall be eligible for appointment to the said post:
Provided that the Governor of Arunachal Pradesh may, if satisfied that such marriage is permissible under the personal Law applicable to such person and other grounds for so doing, exempt any person from the operation of this rule.
31 The Arunachal Pradesh Gazette, February 15, 2024 Part - III ]6. Power to relax : Where the Governor of Arunachal Pradesh is of the opinion that it is necessary or expedient so to do, he may, by order for reasons to be recoreded in writing and in consultation with the Arunachal Pradesh Public service Commission relax any of the provisions of these rules with respect to any class or category of person(s).
7. Repeal and saving: All rules and procedures corresponding to these rules and procedures in force immediately before the commencement of these rules are hereby repealed, provided that any order made or action taken under the rules so repealed shall be deemed to have been validly made or taken under the corresponding provisions of these rules.
Nothing in these rules shall affect reservation/relaxation of age limit and other concessions required to be provided for the Arunachal Pradesh Scheduled Tribes and other special categories of persons in accordance with the orders issued by the Government of Arunachal Pradesh from time to time in this regard.
(By order and in the name of Governor of Arunachal Pradesh).
Dr. Sharat Chauhan, IAS Principal Secretary to the Government of Arunachal Pradesh, Itanagar.
IN THE DEPARTMENT OF TAX, EXCISE AND NARCOTICS RECRUITMENT RULES FOR DEPUTY COMMISSIONER (TAX, EXCISE AND NARCOTICS)
SCHEDULE
(See Rule 2, 3 & 4)
Column Particulars Provision
No.
1 2
3
1. Name of the post Deputy Commissioner (Tax, Excise and
Narcotics)
2. No of posts
4 (four) posts *2022 subject to variation dependent on workload.
3. Classification General Arunachal Service, Group 'A' Gazetted,
Non-Ministerial.
4. Pay in the Pay Matrix Level – 11 ` 67,700-2,08,700 pm.
5. Whether selection post or Non-Selection Selection
post
6. Age limit for direct recruits Not applicable
7. Educational and other qualification required Not applicable
for direct recruits
8. Whether age and educational qualification Age : No.
prescribed for direct recruits will apply in Educational qualification : Bechelor Degree from case of promotes. any recognised University, as amended from time
to time.
9. Period of probation, if any Not applicable.
10. Method of recruitment whether by direct 100% by promotion as prescribed at column 11.
recruitment or by promotion or by deputation/ absorption and percentage of the vacancies to be filled by various methods
11. In case of recruitment by promotion/deputation/ By promotion from amongst the serving Assistant absorption grades from which promotion/ Commissioners (Tax, Excise & Narcotics) absorption to be made drawing pay in the Pay Matrix Level 10 ` 56,100-
1,77,500 who have rendered 5 (five) years of regular service in the grade.
2. Failing which by transfer on deputation from the Central/State Government holding analogous posts possessing Degree from a recognized University/Board/Institute (Period of deputation as per standard norms vide No. AR-140/2010/196 dated 26th October, 2010 and No. AR-75/2017 dated 4th May, 2017).
[ Part - III The Arunachal Pradesh Gazette, February 15, 2024 321 2
3
12. If a Deparmental Promotion Committee exist, Composition of Group- 'A' Departmental Promotion what is its composition Committee.
1. Chief Secretary – Chairman
2. Commissioner/Secretary of the – Member
concerned Department
3. Commissioner/Secretary not – Member
connected with the works of the Department
4. One Group "A" APST Officer – Member
not below the rank of Sectretary to the Government , if none of the above members belong to APST.
13. Circumstances in which the APPSC is to Not applicable.
be consulted in making recruitment.
Dr. Sharat Chauhan, IAS Principal Secretary to the Government of Arunachal Pradesh, Itanagar.
NOTIFICATION
The 4th February, 2023
No. MED/NS/RR/07/2023.—In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Arunachal Pradesh is pleased to make the following rules to regulate the method of recruitment Rule for the post (s) of Block Public Health Nursing Officer, Group- 'B' Non-Gazetted, Non-Ministerial in the Department of Health and Family Welfare under the Government of Arunachal Pradesh, namely:
1. Short title and commencement :
(a) These rules may be called "the Recruitment Rules, for the post (s) of Block Public Health Nursing Officer (BPHNO), Group- 'B' Non-Gazetted, Non Ministerial, Recruitment Rule, 2023".
(b) They shall come into force on the date of their publication in the Arunachal Pradesh Gazette.
2. These rules shall apply to the posts as specified in column 1 of the schedule Annexed to this Rules.
3. Number of posts, classification and pay matrix: The number of posts, their classifications and the Pay in the pay matrix attached thereto shall be as specified in column (2) to (4) in the Schedule aforesaid.
4. Method of recruitment, age limit and other qualifications: The method of recruitment to the posts, age limit, qualifications and other matters relating thereto shall be as specified in columns 5 to 13 of the Schedule aforesaid.
5. Disqualification : No person,
(a) who has entered into or contracted a marriage with a person having a spouse living; or
(b) who having a spouse living, has entered into or contracted a marriage with any person shall be eligible for appointment to the said posts.
(c) provided that the Governor of Arunachal Pradesh may if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this rules.
6. Power to relax : Where the Governor of Arunachal Pradesh is of the opinion that it is necessary or expedient to do so, he may by order for reasons to be recorded in writing and in consultation with the Arunachal Pradesh Public Service Commission (APPSC), relax any of the provisions of these rules with respect to any class or category of persons.
7. Repeal and Saving : All Rules and Procedures corresponding to these Rules and Procedures in force immediately before the commencement of these rules are hereby repealed, provided that any order made or action taken under the rules so repealed shall be deemed to have been validy made or taken under the corresponding provisions of these rules 33 The Arunachal Pradesh Gazette, February 15, 2024 Part - III ] Nothing in these rules shall affect reservation/relaxation of age limit and other concessions required to be provided for the Schedule Tribes Arunachal Pradesh and other special categories of persons in accordance with the orders issued by the Government of Arunachal Pradesh from time to time in this regard.
Sharat Chauhan, IAS Principal Secretary (Health & FW), Government of Arunachal Pradesh, Itanagar.
SCHEDULE
Column Particular Provisions proposed
No.
1. Name of the post Block Public Health Nursing Officer (BPHNO)
2. Number of post
42 posts *2024 subject to variation dependent on workload.
3. Classification General Arunachal Service, Group 'B'
Non-Gazetted Non-Ministerial.
4. Pay in Pay Matrix Level – 7 Pay Matrix ` 44,900-1,42,400 P.m.
5. Whether selection post or Non-Selection Non Selection
post
6. Age limit for direct recruitment Not applicable
7. Education and other Qualification required Diploma in Public Health Certificate
for direct recruitment
8. Whether Age and educational qualifications Not Applicable
prescribed for direct recruitment will apply in case of promotes
9. Period of probation, if any 2 (two) years
10. Method of recruitment whether by direct 100% promotion as prescribed at column 11.
recruitment or by deputation/ absorption and percentage of the vacancies to be filled by various methods.
11. In case of recruitment by promotion/deputation/ 100% by promotion from Lady Health Visitors transfer grades from which promotion/deputation/ (LHV) with Diploma in Public Health Certificate in transfer to be made.
the Department with 5(five) years regular service in the grade and Registered under APNC as LHV
12. If a Deparmental Promotion Committee exist, 1. Commissioner/Secretary of the – Member what is its composition concerned Department
2. Head of the Office – Member
3. Commissioner/Secretary not – Member
connected with the work of the Department
4. One APST Group Officer not – Member
below the rank of Secretary of the Government if none of the above member belongs to APST.
13. Circumstances in which the PSC is to Consultation with the Commission as per APPSC be consulted in making recruitment (Limitation and functions) regulations, 1988 as
amended from time to time
Dr. Sharat Chauhan, IAS Principal Secretary to the Government of Arunachal Pradesh, Department of Health and Family Welfare, Itanagar.
[ Part - III The Arunachal Pradesh Gazette, February 15, 2024 34 NOTIFICATIONThe 19th January, 2024
No. HTE-11/114/2021-HTE-BR-HTE/4555-64.— In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Arunachal Pradesh is pleased to make the following Rules to regulate the method of recruitment to the post (s) of Laboratory Assistant (Physics/Chemistry/ Botany/Zoology and Geography); Group- 'B' Non-Gazetted, in the Government Colleges under the Department of Higher and Technical Education, Government of Arunachal Pradesh, namely:
1. Short title and commencement : (i) These rules may be called Laboratory Assistant (Physics/ Chemistry/Botany/Zoology and Geography) Recruitment Rule, 2023".
(ii) They shall come into force on the date of their publication in the Arunachal Pradesh Gazette.
(iii) They shall apply to the posts as specified in Column 1 of the Schedule-1 annexed to this Rules.
2. Number of posts, classification and Level of Pay Matrix: The number of posts, classification and the Pay Matrix Level attached thereto shall be as specified in Column 2 to 4 in the Schedule-1 annexed to these Rules.
3. Method of Recruitment, age limit and other qualifications etc : The method of recruitment to the post (s) , age limit, qualifications and other matters relating thereto shall be as specified in columns 5 to 13 annexed to these Rules.
4. Disqualification : No person-,
(a) who has entered into or contracted a marriage with a person having a spouse living; or
(b) who having a spouse living, has entered into or contracted a marriage with any person shall be eligible for appointment to the said posts.
Provided that the Governor of Arunachal Pradesh may, if satisfied that such marriage is permissible under the personal law applicable to such person and other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of these rules.
5. Power to relax : Where the Governor of Arunachal Pradesh is of opinion that it is necessary or expedient so to do, he may, by other, for reason to be recorded in writing and in consultation with APPSC/ Department of Administrative Reforms, relax any of the provisions of these rules with respect of any class or category of persons.
7. Repeal and Saving : All Rules and Procedures corresponding to these Rules and Procedures in force immediately before to the commencement of these rules are hereby repealed, provided that any order made or action taken under the rules so repealed shall be deemed to have been validity made or taken under the corresponding provisions of these rules
Nothing in these rules shall affect reservation/relaxation of age limit and other concessions required to be provided for the Schedule Tribes of Arunachal Pradesh and other special categories of persons in accordance with the orders issued by the Government of Arunachal Pradesh from time to time in this regard.
Amjad Tak, IAS Commissioner (Education), Government of Arunachal Pradesh, Itanagar.
SCHEDULE - I
See Rule ( See Rules 2.3 & 4)
Column Particular
Provisions proposed
No.
1 2
3
1. Name of post
Laboratory Assistant (Physics/Chemistry/ Zoology/Botany and Geography).
2. Number of posts
18 (Eighteen) posts *2023 subject to variation as per workload.
3. Classification General Arunachal Service, Group 'B'
Non-Gazetted (Non-Ministerial).
4. Level in the Pay Matrix Pay Matrix Level – 6 ` 35,400-1,12,400 Pm
5. Selection or Non-Selection post Not applicable
6. Age limit for direct recruitment
In between 18 to 35 years with 5 years relaxation to the candidate(s) belonging to Arunachal Pradesh Schedule Tribe in terms of Govt. Notification No. AR/219/2022-US-1-AR dated 25th February, 2023 as amended from time to time 35 The Arunachal Pradesh Gazette, February 15, 2024 Part - III ] 1 2
3
7. Educational and other qualifications required Bachelor Degree in concern subject from a for direct recruitment
recognized University.
8. Whether age and educational qualifications Not Applicable
prescribed for direct recruitment will apply in case of promotes
9. Period of probation, if any 2 (two) years
10. Method of recruitment whether by direct 100% By Direct recruitment.
recruitment or by promotion or by deputations/ absorption and percentage of the vacancies to be filled by various methods.
11. In case of recruitment by promotion/deputation/ Not Applicable
absorption grades from which promotion/ deputation/absorption to be made
12. If a Deparmental Promotion Committee exists, Departmental Confirmation Committee (DCC) what is its composition 1. Commissioner/Secretary of the – Chairman
Department
2. Commissioner/Secretary not – Member connected to the Works of the
Department
3. Head of Office – Member
4. One Group 'A' APST Officer, – Member
If none of the member belongs to APST
13. Circumstances under which the APPSC Consultation with the Arunachal Pradesh Public is to be Consulted in making recruitment Service Commission is Applicable as per the
APPSC (Limitation of function Regulation, 1988) as amended from time to time.
Khumkon Mossang, Under Secretary (Education), Government of Arunachal Pradesh, Itanagar.
SCHEDULE-II
Details of College-wise/Subject-wise sanctioned posts of Laboratory Assistant in Government
Colleges of Arunachal Pradesh
Sl. Name of College No. of posts subject wise Total No.
Sanctioned Posts Geography Physics Chemistry Botany Zoology
1. Jawaharlal Nehru 1 1 1 1 1 5 College, Pasighat
2. Dera Natung Govt. 1 1 1 1 1 5 College, Itanagar
3. Indira Gandhi 1 1 1 1 1 5 Govt. College, Tezu
4. Donyi Polo Govt. 1 - - - - 1 College, Kamki
5. Govt. College, 1 - - - - 1 Bomdila
6. Rang Frah Govt. 1 - - - - 1 College, Changlang
Total sanctioned 6 3 3 3 3 18 posts in each subject
Khumkon Mossang Under Secretary (Education), Government of Arunachal Pradesh, Itanagar.
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