Gazette of DNH And DD, No. 21, 27 June 2022

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भारत सरकार / Government of India

सरकारी राजपत्र

OFFICIAL GAZETTE

संघ प्रदेश दादरा एवं नगर हवेली तथा दमण एवं दीव प्रशासन

U.T. ADMINISTRATION OF DADRA AND NAGAR HAVELI AND

DAMAN AND DIU

श्रेणी - २

SERIES - II

प्राधिकरण द्वारा प्रकाशित / PUBLISHED BY AUHTORITY

Daman 03rd June, 2022 13 Jyaishtha, 1944 (Saka) No. : 21

U.T. Administration of Dadra & Nagar Haveli and Daman & Diu,

Office of the Secretary(Revenue),

Secretariat, Daman.

No. 64-01-2018-LND/3144 Dated: 11/03/2022.

O R D E R

In exercise of powers under Section 26 of Goa, Daman & Diu Land Revenue Code, 1968 read with Rule 34 of the Goa, Daman & Diu Land Revenue (Disposal of Govt. Lands) Rules, 1971, the Hon'ble Administrator, U.T. of Dadra & Nagar Haveli and Daman & Diu is pleased to permit the Collector, Diu to grant the extension of lease period of Government Land bearing Survey No.75 admeasuring 1,10,638 sq mts. and survey no. 114/6 admeasuring area 2100 sq. mtrs, in favour of Omnibus Industrial Development Corporation (OIDC) at the rate of ₹1/- per annum as Lease Rent from 30/07/2012 till the date of issuance of this order and further period of 33 years from the date of issue of this order subject to the following conditions:

1. All Acts and rules particularly Revenue related are applicable to the licensee with all future changes, modifications and amendments related to land.

2. The department shall make sure that there are no revenue leakages and timely deposit to consolidated fund of India and also make sure that imposition of fine / levies of penalty in case of default / delay as applicable.

3. The Lease extension is for OIDC as the Lessee only and further extension of sub lease shall be on merit and only for industrially utilized plots by the Lessee / OIDC.

4. Strict compliance, of all applicable GFRs, other Rules and terms and conditions as finalized, by the department from time to time.

By order in the name of the Hon'ble Administrator, DNH & DD

Sd/– (Karanjit Vadodaria) Joint Secretary (Revenue)

***

UT Administration of

Dadra &Nagar Haveli and Daman & Diu

Department of Land Acquisition,

Dadra and Nagar Haveli

Silvassa.

No. LAQ/Khanvel Junction/Khedpa Border/Road/72/2021/58/REV(S)/2022 Dated:

16/05/2022

FORM II

[See rule-5(1) and Section 11(1)]

Preliminary Notification

Whereas, it appears to the Collector that a total of 5681sq.mt.of land is required in Rudana, Chisda, Mandoni, Vasda, Sindoni & Khedpa villages of Dadra and Nagar Haveli for public purpose, namely, for Widening of Road from Khanvel Junction to upto Khedpa Border (project/purpose), Social Impact Assessment study was carried out by SIA team of DNH Consulting Pvt. Ltd. New Delhi.

2. There is likelihood of families getting displaced due to the land acquisition. The Resident Deputy Collector(S) is appointed as Administrator for the purpose of Rehabilitation and Resettlement of the displaced families.

3. Therefore, it is notified that for the above said project in the Rudana, Chisda, Mandoni, Vasda, Sindoni & Khedpa villages of the Dadra and Nagar Haveli District the piece of land, whose detail description is enclosed as Annexure-I and is also mentioned in the Social Impact Assessment (SIA) report, is under acquisition.

4. This notification is made under the provisions of Section-11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act no. 30/2013), to all whom it may concern.

5. A plan of the land may be inspected in the office of the District Collector, Dadra and Nagar Haveli, Silvassa and Resident Deputy Collector (Silvassa), Dadra and Nagar Haveli, Silvassa on any working day during the working hours.

6. The Government is pleased to authorize Survey and Settlement Officer (Silvassa) and his staff to enter upon and survey land, take levels of any land, dig or bore into sub-soil & do all other acts required for the proper execution of their wok as provided and specified in Section 12 of the said Act.

7. Under section 11(4) of the Act, no person shall make any transaction or cause any transaction of land i.e. sale/purchase, etc., or create any encumbrances on such land from the date of publication of such notification without prior approval of the Collector.

8. Objections to the acquisition, if any, may be filed by the person interested within 60 (Sixty days) from the date of publication of this notification as provided under section 15 of the Act before District Collector.

Encl: As above. Place: Silvassa. Date: 16.05.2022. Sd/-

(Dr. Rakesh Minhas) Collector Dadra and Nagar Haveli SilvassaSERIES – II No. 21 THE GAZETTE OF DNH & DD Page 3

Annexure-I

SINDONI VILLAGE

• Total proposed acquired land

• Total Private Acquired land.

Sd/- (Dr. Rakesh Minhas) Collector, Dadra and Nagar Haveli Silvassa

***

U.T. ADMINISTRATION OF DADRA & NAGAR HAVELI AND

DAMAN & DIU.

OFFICE OF THE COLLECTOR, DHOLAR, MOTI DAMAN

AWARD UNDER SECTION 23 OF THE RIGHT TO FAIR

Compensation and Transparency in Land Acquisition

Rehabilitation and Resettlement Act, 2013.

CASE No.

: No.3/29/2017/LQN-POND/2017-18/2432

NAME OF THE VILLAGE : MAGARWADA, MOTI DAMAN.

NATURE OF THE ACQUISITION : PERMANENT

TALUKA

: DAMAN

DISTRICT

: DAMAN

PURPOSE OF ACQUISITION : ACQUISITION OF LAND FOR WIDENING OF

EXISTING POND AT DABHEL WATER SUPPLY PROJECT, DAMAN.

INTRODUCTION:

These proceedings are under provision of Section 23 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for determination of compensation in respect of net area of land proposed to be acquired for the purpose of Acquisition of Land for widening of Existing Pond at Dabhel Water Supply Project, Daman. The land acquisition proceedings were initiated with the publication of Preliminary Notification under section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

The Executive Engineer, Public Works Department, WD-I, Daman had submitted a land acquisition proposal of Acquisition of Land for widening of Existing Pond at Dabhel Water Supply Project, Daman vide diary dated 28.03.2016.

NOTIFICATION OF SOCIAL IMPACT ASSESSMENT AND REPORT OF SIA:

Under section 4 & Sub Section 3 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Notification No.3/29/2017/LQN- POND/2017-18/11982 dated 27/12/2017 was published. SIA report was submitted to the Deputy Secretary (Revenue) and copies were circulated to the office of the Collector, Daman and Office of the Chief Executive Officer, District Panchayat, Daman, published and elsewhere for wide publicity and uploaded on website.

EVALUATION OF SIA/ SIMP REPORT & REPORT OF THE LAND ACQUISITION

COLLECTOR:

Under Sub-Section (1) of Section 7 of the Act, an expert committee with an independent multidisciplinary Expert Group of members for appraisal of Social Impact Assessment was constituted. The SIA/SIMP Report was evaluated and the recommendations as well as observationsSERIES – II No. 21 THE GAZETTE OF DNH & DD Page 8 were provided. Based on the SIA Report and recommendations of the Expert Committee, a detailed report stating the Public Purpose and the necessity of acquiring the land along with Positive and Negative impacts, dated 04/12/2018, was submitted by the Land Acquisition Collector as per the requirement of Section 8 of the Act.

PUBLICATION OF NOTIFICATION AND ISSUE OF NOTICES:

The Preliminary Notification No. 3/29/2017/LQN-POND/2017-18/29 dated 04/01/2022 was notified under section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 that the land described in the schedule was needed for the public purpose. Objection to the acquisition were invited from interested persons giving 60 days opportunity from the date of the Publication. A committee was also formed to assess and determine the Market Rate of the land parcels that were going to be acquired.

Vide Declaration No. 3/48/2018/LND-ACQ/2018-19/1593 dated 31/03/2022, it was declared under the provision under Section 19 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 that the said lands were required for the public purpose namely, Acquisition of Land for Construction of Highway at Village Magarwada, Moti Daman.

In connection with acquisition of total land admeasuring 888.00 Sq. Mtrs. for Acquisition of Land for widening of Existing Pond at Dabhel Water Supply Project, Daman, the Administration of Daman intended to take possession of the land, the particulars of which were given in the declaration u/s 19(1) of the Right to Fair compensation & Transparency in Land Acquisition Rehabilitation and Resettlement (RFCTLARR) Act, 2013.

METHODOLOGY USED FOR DETERMINATION OF COMPENSATION

• JOINT MEASUREMENT

The Land Acquisition Collector, Daman had requested for joint measurement of the land through the Surveyors. The joint measurement of land was carried out by surveyor along with officials of the Executive Engineer, P.W.D. WD-I, Daman and the latest report was received on 23.12.2020.

• OWNERSHIP:

Names of the persons whose land is under acquisition, standing in the record of rights were ascertained from the revenue records and the same are shown in Award statement and claimed ownership or claim of compensation with regard to their land under acquisition and compensation thereof.

• SITUATION AND DESCRIPTION OF THE LAND:

The Land under acquisition is agriculture land.

Land situated at Dabhel, Nani Daman for Acquisition of Land for widening of Existing Pond at Dabhel Water Supply Project, Daman as shown specifically in the MAP and Plan displayed u/s. 19.

• LOCATION OF THE LAND:

The total acquired land admeasuring 888.00 Sq. Mtrs Situated at Nani Daman.

• MUTATION OF OCCUPANCY IN RESPECT OF THE SAID LAND BEING

ACQUIRED:

The Mamlatdar, Daman and Enquiry Officer, City Survey, Daman shall ensure that the record of right and all the relevant documents relating to the ownership/ Occupancy of the said land are accordingly modified and show the transfer of the said land solely in the name of Government consequent to taking over possession of the said land and the payment of the compensation to the concerned interested parties.

• CORRECTION OF THE RECORD IN THE RECORD OF RIGHTS:

The Mamlatdar, Daman is requested to carry out necessary mutation in the Record of Rights in the name of Government in respect of the land so acquired as per the enclosed Award statement.

• APPORTIONMENT:

Payment will be made according to the latest entries in the Revenue Record and the as per enquiry conducted u/s 23 (c). In case of any dispute, which is not settled within reasonable time, the amount of compensation will be remitted to the Court under section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for determination.

• ENCUMBRANCES:

The land under acquisition is free from all encumbrances and it has been mentioned in the Award statement.

• DETERMINATION OF COMPENSATION:

As per the provision of Section 30[1] of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, 100% of the market value is awarded as Solatium as has been determined in the Award statement.

COMPENSATION OF LAND:

After considering the parameters provided in Section 27, 28, 29 of the Act, the compensation of land is determined. The total amount of award workout to be ₹ 35,22,680.00 (Rupees thirty five lakhs twenty two thousand six hundred eighty only).

SUMMARY OF THE AWARD.

The award is summarized as under:-

The details of compensation of the land acquisition as per the Annexure – I, II & III are enclosed herewith.

PAYMENT OF COMPENSATION TO INTERESTED PERSONS:

The interested parties are hereby informed that the payment of compensation shall start from 11.00 AM on 31/05/2022 at Conference Hall, Collectorate, Dholar, Moti Daman. All the interested persons who are deemed lawfully entitled may receive compensation on submission of the below mentioned documents:

a) Original land documents.

b) Nil Encumbrance Certificate from Sub Registrar, Daman.

c) Receipt of Payment of land revenue till date, if any,

d) In case of N.A. land, the claimant has to be produced the N.A. order &Sand.

e) A copy of Bank Account Pass Book.

f) PAN Card/Aadhaar Card for identification.

g) The claimant will have to produce latest I & XIV abstract Nakal of the land.

POSSESSION OF THE LAND:

As per the requirement of Section 37(2) and 37(3), the Mamlatdar is directed to follow the procedure of display of summary of acquisition proceedings on the official website and to circulate it to all concerned authorities and paste it at conspicuous places.

The possession of land proposed of Acquisition of Land for widening of Existing Pond at Dabhel Water Supply Project, Daman shall be taken after compliance of Section 38 by the by Mamlatdar, Daman immediately and shall be handed over to the requiring Department.

Place: DAMAN. Dated: 24/05/2022.

Sd/–

Land Acquisition Collector,

Daman.

SERIES – II No. 21 THE GAZETTE OF DNH & DD Page 11

Sd/–

भूमम अजजन समाहताज, दमण

Land Acquisition Collector, Daman

SERIES – II No. 21 THE GAZETTE OF DNH & DD Page 12

Sd/–

भूमम अजजन समाहताज, दमण

Land Acquisition Collector, Daman

SERIES – II No. 21 THE GAZETTE OF DNH & DD Page 13

Sd/–

भूमम अजजन समाहताज, दमण

Land Acquisition Collector, Daman

***SERIES – II No. 21 THE GAZETTE OF DNH & DD Page 14

U.T. ADMINISTRATION OF DADRA & NAGAR

HAVELI AND DAMAN & DIU

REVENUE DEPARTMENT,

COLLECTORATE, DAMAN.

No.3/92/LND/ACQ/2020-21/2465 Dated: 25/05/2022.

N O T I C E

WHEREAS, vide Preliminary Notification No. 3/92/LND-ACQ/2020-21/2952 dated 10/06/2021, it was Notified under section 11 of the Right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, that the land described in the schedule hereto (thereafter referred to as the said land/lands) were needed or likely to be needed for the public purpose, namely for the purpose of Acquisition of land for widening of road starting from Rajiv Gandhi Setu to Dholar Junction, Moti Daman (Additional proposal).

WHEREAS, a report was submitted to the Government Authority i.e. Administrator of Dadra & Nagar Haveli and Daman & Diu for the proceed with the acquisition process and the same has been approved by the Appropriate Government i.e. Administrator of Dadra & Nagar Haveli and Daman & Diu.

WHEREAS, vide Declaration No. 3/92/LND-ACQ/2020-21/2113 dated 06/05/2022, it was declared under the provision of Section 19 of the Land Acquisition, Rehabilitation Act that the said lands are required for the public purpose, and namely for the purpose of Acquisition of land for widening of road starting from Rajiv Gandhi Setu to Dholar Junction, Moti Daman (Additional proposal).

WHEREAS, in connection with acquisition of land admeasuring 120.00 sq.mtrs. for Acquisition of land for widening of road starting from Rajiv Gandhi Setu to Dholar Junction, Moti Daman (Additional proposal), the Administration of Daman intends to take possession of the land, the particulars of which are given in the declaration u/s 19(1) of the Right to Fair compensation & Transparency in Land Acquisition Rehabilitation and Resettlement (RFCTLARR) Act, 2013.

WHEREAS, under Section 21 of the RFCTLARR Act, 2013, the Government intend to take possession of the land on 05/07/2022 at 10.00 hrs., and claims to compensations and rehabilitation and resettlement for all interests in the land, has to be submitted to the Collector for disposal on or before 23/06/2022 at 15.00 hrs.

The details compensation on the land acquisition as per the Annexure – I, II & III are enclosed herewith.

WHEREAS, under sub section (1) & (2) of Section 22 of the said Act, the Collector may also require any such person to make or deliver to him a statement containing the name of every other person possessing any interest in the land or any part thereof as co-proprietor, sub-proprietor,SERIES – II No. 21 THE GAZETTE OF DNH & DD Page 15 mortgage, tenant or otherwise, and of the nature of such interest, and of the rents and profits, if any received or receivable on account thereof for three years next preceding the date of statement, every person required to make or deliver a statement under this section shall be deemed to be legally bound to do so within the meaning of section 175 and 176 of the Indian Penal Code (45 of 1860).

NOW THEREFORE, to facilitate causation of the above requirements, public notice is hereby served under section 21 of the RFCTLARR Act, 2013 that all persons having interest in the said land to appear personally or by agent or advocate before the Collector, Daman on 28/06/2022 and to state in writing and signed by the party or his agent, the following :

a) The nature of their respective interest in their land;

b) The amount and particulars of their claims to compensation for such interests;

c) Their objection if any to the measurements made and marked on the referred area.

Please take notice that as provided under sub-section 22 of the aforesaid Act, every person required to make or deliver a statement under this section shall be deemed to be legally bound to do so within the meaning of sections 175 and 178 of the Indian Penal Code (45 of 1860).

Sd/– (Dr. Tapasya Raghav) Collector, Daman SERIES – II No. 21 THE GAZETTE OF DNH & DD Page 16

Sd/–

भूमम अजजन समाहताज, दमण

Land Acquisition Collector, Daman

SERIES – II No. 21 THE GAZETTE OF DNH & DD Page 17

Sd/–

भूमम अजजन समाहताज, दमण

Land Acquisition Collector, Daman

SERIES – II No. 21 THE GAZETTE OF DNH & DD Page 18

Sd/–

भूमम अजजन समाहताज, दमण

Land Acquisition Collector, Daman

***SERIES – II No. 21 THE GAZETTE OF DNH & DD Page 19

U.T. ADMINISTRATION OF

DADRA AND NAGAR HAVELI AND DAMAN AND DIU

(DEPARTMENT OF INFORMATION TECHNOLOGY)

RIGHT OF WAY ORDER, 2022

CHAPTER I

INTRODUCTION

Adequate Infrastructure in the form of Road and Railway Networks, Ports, Airports and their Efficient Operations and Maintenance is not only important for ensuring faster economic growth but also pertinent to provide seamless delivery of essential services to the public. In this context the importance of establishment of a robust telecom and IT Infrastructure in the highly globalized world cannot be overemphasized.

Whereas, multifarious laws and complicated procedures in giving permission for starting works related to Underground and overground Telegraph Infrastructure are staggering the progress of the development of Telecommunication Infrastructure in the country.

Whereas, to regulate the Underground and Overground Infrastructure and to bring in uniformity in the procedure relating to permissions for the establishment and maintenance of Telegraph Infrastructure as well as for their regulations, Government of India notified Indian Telegraph Right of Way Rules, 2016.

Therefore, based on the above said rules notified by the Ministry of Communications - Department of Telecommunication, Government of India, dated 15th November, 2016, to regulate the establishment of the said Infrastructure and to foster the development of Telecommunication Infrastructure across the entire Union Territory, the U.T. Administration of Dadra and Nagar Haveli and Daman and Diu hereby issues the Right of Way Order 2022.

1. Short title and commencement:

1 This order may be called as the Right of Way Order, 2022 to be implemented in the Union Territory of Dadra & Nagar Haveli and Daman & Diu.

2 This order shall apply to entire Union Territory of Dadra & Nagar Haveli and Daman & Diu.

3 This order shall come into force on the date of their publication in the Official Gazette.

4 This order shall be administered by the Department of Information Technology, U.T. Administration of DNH & DD.

5 This order shall not be in violation of any of the provisions contained in the Indian Telegraph Act, 1885, Indian Wireless Telegraphy Act 1933, Indian Telegraph Right of Way Rules, 2016, Tower guidelines issued by Dot 2013 and their amendments issued from time to time.

2. Definitions:

1 In this order, unless the context otherwise requires

(a) ―Act‖ means Indian Telegraph Act, 1885 issued by Ministry of Communications - Department of Telecommunication, Government of India;

(b) ―Appropriate Authority‖ shall mean ‗Collector / District Magistrate' of the respective district of the Union Territory of Dadra & Nagar Haveli and Daman & Diu.

(c ) ―Applicant‖ for the purpose of this order shall mean a person or an agency on whom the powers of the Telegraph Authority have been conferred by notification under section 19(b) Indian Telegraph act 1885, subject to any conditions and restrictions as may be imposed in such notifications.

(d) ―State Government‖ means the Administrator of Union Territory of Dadra & Nagar Haveli and Daman & Diu;

(e) ―DoT‖ means the Department of Telecommunication, Government of India;

(f) ―LSA‖ (earlier known as TERM Cell)‖ means Telecom Enforcement, Resource and Monitoring Cell of the Department of Telecommunication (DoT), Government of India which is competent agency to tender advice on Electromagnetic Field (EMF) Radiation related matters of Mobile Towers & Telegraph Lines.

(g) ―SACFA‖ means Standing Advisory Committee on Frequency Allocation (SACFA) of DoT.

(h) ―UTTC‖ means the U.T Telecom Committee as formed under this order;

(i) ―DTC‖ means the District Telecom Committee as formed under this order;

(j) ―Nodal officer‖ means any officer appointed by Collector / District Magistrate for the purpose of these rules ;

(k) ―Over Ground Telegraph Infrastructure‖ means a Telegraph or a Telegraph line established over the ground and includes posts or other above ground contrivances, appliances and apparatus for the purpose of establishment or maintenance of the Telegraph or the Telegraph line;

(l) ―Rules‖ means the Indian Telegraph Right of Way Rules, 2016.

(m) ―Underground Telegraph Infrastructure‖ means a 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.

(n) ―Infrastructure Provider (IP)‖ means and includes a person, firm association of persons or company (Pvt. Ltd. or Ltd.) which is duly registered by the DoT under IP-1 registration and is duly authorized to install passive Telecom Infrastructure for sharing with TSPs on non-discriminatory basis.

(o) ―Telecom Service Provider (TSP)‖ means and includes a person, firm, association of persons or Company (Pvt. Ltd. or Ltd.) who is duly licensed by the DoT under section 4 of the Indian Telegraph Act, 1885 for providing inter alia Mobile Phone services, Internet and data transfer services etc.

(p) Telegraph/Telecom 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 wireSERIES – II No. 21 THE GAZETTE OF DNH & DD Page 21 and cable, power supply equipment, Diesel Generator set, cabin or cupboard for housing any or all of the aforesaid items.

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, any other transmission towers.

iv. Pre-Fabricated or masonry structure shelters or installation of Base Transceiver Station (BTS) and other equipment.

v. Ducts, Underground OFC (Optical Fiber Cable), cabling on the poles or electric poles and terrestrial connecting homes with Fiber.

However, the Telegraph Infrastructure, for the purpose of this order, shall not include Television Antennas or Dish Antennas installed for domestic purposes.

2 Words and expressions used and not defined herein but defined in the Indian Telegraph Right of Way Rules, 2016 shall have the meaning assigned to them in the said rules.

3. Mode of Application - Before starting to lay down any Infrastructure, the applicant shall apply online for obtaining permission of execution of work to the Appropriate/concerned Authority through either Form-1 or Form-2 attached herein and shall begin the work only after obtaining the necessary permission. And the validity of the permission issued under this order would be co- terminus with the validity of the License / IP-1 issued by the Department of Telecommunication, Government of India.

The Appropriate Authority shall exercise the powers under this order on an Application for establishment and maintenance of Underground or Overground Telegraph Infrastructure and it shall be responsibility of the Appropriate Authority, to develop an electronic Application process or Integrate with the related web portals, if any, developed by DOT, within a period of 3 months of notification of this order

4. Nodal officer to be designated by Appropriate Authority.- Every Appropriate Authority shall designate a nodal officer for the purposes of the execution of the order.

CHAPTER II

ESTABLISHMENT AND MAINTENANCE OF UNDERGROUND TELEGRAPH

INFRASTRUCTURE

5. Application by a Licensee.—(1) A Licensee shall, for the purposes of establishment of Telegraph Infrastructure under any immovable property vested in or under the control or management of any Appropriate Authority, make an Application, supported by such documents including general project description along with the topography details, plan & profile drawings, land acquisition details, safety plan & diversion plan and other necessary project related drawings.

1 The information along with supporting documents to be provided by the Licensee in the Application made under proviso (1) above and shall include:-

(a) a copy of the license granted by the Central Government.

(b) the details of Underground Telegraph Infrastructure proposed to be laid;

(c) the mode of and the time duration for, execution of the work;

(d) the time of the day when the work is expected to be done in case the Licensee expects the work to be done during specific time of the day;

(e) the details of expenses that such Appropriate Authority will necessarily be put in consequence of the work proposed to be undertaken by the Licensee;

(f) the inconvenience that is likely to be caused to the public and the specific measures proposed to be taken to mitigate such inconvenience;

(g) the specific measures proposed to be taken to ensure public safety during the execution of the work;

(h) any other matter relevant, in the opinion of the Licensee, connected with or relative to the work proposed to be undertaken; and

(i) any other matter connected with or related to the work as may be specified, under this order;

2 Provided that the Licensee shall, while making the Application, give a specific commitment on whether he undertakes to discharge the responsibility for restoration, to the extent reasonable and prudent, of the damage that the Appropriate Authority shall necessarily be put in consequence of the work proposed to be undertaken.

3 Every Application under proviso (1) above and shall be accompanied with such fee to meet Administrative expenses for examination of the Application and the proposed work as has been specified below:-

(a) An Administrative fee equal to Rs. 1,000 per kilometer of the Underground Infrastructure proposed to be laid and;

(b) If the laying is proposed in pre-existing utility ducts, then charge of Rs. 10,000 per Km as laying charges for the Underground Telegraph Infrastructure and with an undertaking by the Licensee / IP-I to restore the damages. An amount of Rs. 50,000 per Km or 1% of the Total Estimated Project Cost calculated on the basis of prevailing Schedule of Rates (SOR), whichever is more shall be taken as security (in lieu of expenses for restoration) prior to the commencement of such work in the form of bank guarantee to ensure that no damage to the existing utility duct is caused in laying process, which shall be valid for a period of one year. This bank guarantee/security deposit shall be returned after one year of satisfactory completion of restoration work in lieu of laying of Underground Telegraph Infrastructure after deducting the charges for any loss caused by the agency in the laying process, or-

(c) In case, the Applicant fails to restore the land to a similar condition that it was, beforeSERIES – II No. 21 THE GAZETTE OF DNH & DD Page 23 the Infrastructure was laid, the Appropriate Authority can direct the concerned department to do the restoration and encase the bank guarantee against the charges incurred.

(d) If the laying of the Underground Telegraph Infrastructure is proposed by digging road and the applicant has promised to make good site condition and if, any damage is caused to the road, then an amount equal to road restoration charges calculated on the basis of prevailing Schedule of Rates (SOR) or Rs. 75,000 per Km, whichever is more, shall be taken as security in the form of bank guarantee. This bank guarantee/security deposit shall be returned after one year of satisfactory completion of laying of Underground Telegraph Infrastructure after deducting any damages for any loss caused by the agency in the laying process or for future damages likely to be caused due to any repair or restoration works; or

(e) Restoration charges shall be calculated by the Appropriate Authority as under:

(i) Restoration charges shall be calculated on the prevailing SOR rates or the actual cost incurred for establishment of the Infrastructure, whichever is higher.

(ii) Charges shall be calculated on actual size of the pit, but it shall be presumed that no pit is less than 1.0-meter-wide x 1.0-meter-long and 1.0-meter-deep; and shall be excavated at intervals of not less than 100 meters.

(iii) Pits shall not be allowed to be refilled with the excavated material but shall be allowed to be filled only with the non-cohesive granular material and only as per specifications, thus no further settlement takes place; failing which penalty as applicable, shall be levied, besides the cancellation of permission.

(iv) If the road is dug, it shall be presumed that the trench is minimum 1.0-meter-wide x 1.0-meter-long and 1.0-meter-deep and it shall be repaired as per maintenance guidelines of road work.

(v) The charges shall not be less than what is stated in the Schedule of this order.

(vi) No laying of Underground Infrastructure shall be allowed during monsoons, except for repairs.

(f) No other charges like annual rental charges , user charges, shall be levied upon the Licensee/IP-I;

(g) The Applicant shall be liable for repair/restoration of any damage caused to the property during implementation of the work. The Applicant shall ensure proper filling and compaction of the excavated trench for laying Underground Optical Fiber Cable , in order to restore the land including roads, drain, water pipelines, stand-posts, reservoirs, and any other damaged public Infrastructure into the same condition as it was before digging the trench including clearing debris/loose earth produced due to excavation of trenches.

(h) In case of minor repair and digging of urgent nature, applicants may apply under Form- 1 or Form-2 and shall be granted permission within 24 hours of such Application on payment of Administrative fee of Rs. 1,000 and the restoration charges shall be paid by the concerned applicant after the satisfactory completion of the repair work.

(i) Every Application made under this order shall be accompanied with such fees as has been prescribed under this order.

(j) The cost of shifting conduits/OFC, wherever required, shall be borne by the Applicant and all instructions of the local body with respect to shifting of lines shall be complied with, within the time frame provided.

(k) Appropriate Authority shall not be responsible for any damage to OFC and resultant losses, if any, due to any Administrative act of the Officials of the Govt. or local bodies, while performing official duties.

(l) The applicant shall make proper arrangement for access control of the chambers to avoid misuse/illegal use of ducts and the chambers.

6. Grant of permission by Appropriate Authority.- (1) The Appropriate Authority shall examine the Application 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 the day that the work is proposed to be executed;

(d) the estimation of expenses that the Appropriate Authority shall necessarily be put in consequence of the work proposed to be undertaken;

(e) the responsibility for restoration of any damage that the Appropriate Authority may necessarily be put in consequence of the work proposed to be undertaken and the estimation of road or electric work to be done in consequent to the damage caused is to be done as per Schedule-I of this order;

(f) Assessment of the treatment to be carried out at the project sites in cases of utility shifting or crossing including the size of trial pits and the manner of horizontal directional drilling for laying down utilities to be done as per Schedule-II of this order ;

(g) Assessment of the methodology of execution of utility shifting to be done as per the specifications provided under the MoRT&H Manual and as indicated in Schedule-III of this order.

(h) Assessment of measures to ensure public safety and inconvenience that the public is likely to be put to in consequence of the work proposed and the measures to mitigate such inconvenience indicated by the Licensee;

(i) Any other matter, consistent with the Indian Telegraph Act, 1885, Indian Telegraph Right of Way Rules 2016 and this order, connected with or relative to the establishment or maintenance of Underground Telegraph Infrastructure, through a general or specific order, by the U.T. Administration of DNH & DD.

2 The Appropriate Authority shall within a period not exceeding sixty days from the date of Application made under proviso 5-

(a) Grant permission on such conditions including, but not limited to, the time, mode of execution, measures to mitigate public inconvenience or enhance public safety and payment of restoration charge, as may be specified, subject to the provisions of the relevant Act/Rules and this order; or

(b) Reject the Application for reasons to be recorded in writing:

Provided that no Application shall be rejected unless the applicant Licensee has been given an opportunity of being heard on the reasons for such rejection:

7. Obligations of Licensee in undertaking work.-(1) The Licensee shall make the payment of expenses or submit the bank guarantee as determined by the Appropriate Authority within a period of thirty days from the date of grant of permission and prior to the commencement of work of laying the Underground Telegraph Infrastructure:

Provided that the Appropriate Authority may, at its discretion, extend the said period for payment of expenses or submission of bank guarantee on an Application made by the Licensee seeking such extension.

1 The Licensee shall ensure that –

(a) Prior to the commencement of work of laying the Underground Telegraph Infrastructure and at all times during the execution of work, the measures to mitigate public inconvenience and provide for public safety are implemented; and

(b) The work of laying Underground Telegraph Infrastructure is carried out in accordance with the conditions specified in the grant of permission by the Appropriate Authority.

(c) The work of laying the Infrastructure shall preferentially be done utilizing the existing Infrastructure such as laying the lines or cables within the existing utility ducts with proper advanced planning and coordination with all related agencies before execution, in order to minimize the damage to the existing Infrastructure and to prevent losses to public exchequer.

2 The Licensee shall ensure provision of positional intelligence, through Appropriate Technology, of all Underground Telegraph Infrastructures to enable the Appropriate Authority to obtain real time information on its location.

8. Powers of Appropriate Authority to supervise the work.-(1) The Appropriate Authority may supervise the execution of work to ascertain if the conditions imposed in the grant of permission are observed by the Licensee.

(a) The Appropriate Authority may, on the basis of such supervision, impose such other reasonable conditions as it may think fit.

(b) If the Appropriate Authority comes to the conclusion that the Licensee has willfully violated any of the conditions for grant of permission, it may forfeit, in full or in part, the bank guarantee submitted by the Licensee and withdraw the permission granted to the Licensee, for reasons to be recorded in writing:

Provided that no action shall be taken under this order unless the Licensee has been given an opportunity of being heard.

CHAPTER III

ESTABLISHMENT OF OVERGROUND TELEGRAPH INFRASTRUCTURE

9. Application by a Licensee.—(1) A Licensee shall, for the purposes of establishing Overground Telegraph Infrastructure, upon any immovable property vested in or under the control or management or under the jurisdiction of Appropriate Authority, make an Application, supported by such documents and in such manner and form as has been prescribed under this order, to the Appropriate Authority.

1 The information along with supporting documents to be provided by the Licensee in the Application made shall include-

(a) a copy of the license granted by the Central Government;

(b) the nature and location, including exact latitude and longitude, of post or other above round contrivances proposed to be established;

(c) the extent of land required for establishment of the Overground Telegraph Infrastructure including proper single line diagram;

(d) the details of the building or structure, where the establishment of the Over ground Telegraph Infrastructure, is proposed;

(e) the copy of approval issued by the duly authorized officer of the Central Government for location of the above ground contrivances proposed to be used for the transmission of Radio waves or Hertzian waves;

(f) the mode of and the time duration for, execution of the work;

(g) copy of No Objection Certificate (NOC) from building owners/entities having rooftop rights in case of roof-based tower or from landowner in case of ground-based tower.

(h) the inconvenience that is likely to be caused to the public and the specific measures proposed to be taken to mitigate such inconvenience;

(i) the measures proposed to be taken to ensure public safety during the execution of the work;

(j) the detailed technical design and drawings of the post or other above ground contrivances;

(k) certification of the technical design by a structural engineer attesting to the structural safety, of the Overground Telegraph Infrastructure;

(l) certification, by a structural engineer, attesting to the structural safety of the building, where the post or other above ground contrivances is proposed to be established on a building;

(m) the names and contact details of the employees of the Licensee for the purposes of communication in regard to the Application made;

(n) any other matter relevant, in the opinion of the Licensee, connected with or relative to the work proposed to be undertaken; and

(o) provided that the Licensee/IP-I shall, while making the Application, give a specific commitment on whether he undertakes to discharge the responsibility for restoration,SERIES – II No. 21 THE GAZETTE OF DNH & DD Page 27 to the extent reasonable and prudent, as has been assessed by the Appropriate Authority or that has been caused by the Licensee during the execution of the work till its completion.

(p) any other matter connected with or relevant to the work as may be specified, from time to time through a general or special order, by the U.T. Administration or Appropriate Authority.

2 Every Application under sub-rule (1) shall be accompanied with such fee to meet administrative expenses for examination of the Application and the proposed work as has been prescribed below, under this order :-

(a) An administrative fee equal to Rs. 10,000 per Application for Overground Infrastructure proposed to be erected.

(b) If the erection involves damage to public property/road, then charges equal to repairs of such damages shall also be collected.

(c) Post erection the Licensee/IP-I shall be liable to pay taxes annually to local Authorities which shall not be more than Rs. 1000 per meter or Rs. 20000 per tower, whichever is less. For micro-Telegraph structure, such tax shall not be more than Rs. 1000 per structure per year.

(d) The applicant shall abide by all building byelaws and such other laws governing use of space and erection of Infrastructure as applicable from time to time.

10. Grant of permission by Appropriate Authority -(1) The Appropriate Authority shall examine the Application with respect to the following parameters, namely:-

(a) the extent of land required for the Over ground Telegraph Infrastructure;

(b) the location proposed;

(c) the approval issued by the duly authorized officer of the Central Government for location of the above ground contrivances proposed to be used for transmission of Radio waves or Hertzian waves;

(d) the mode of and time duration for execution of the work;

(e) the estimation of expenses that the Appropriate Authority shall necessarily be put in consequence of the work proposed to be undertaken;

(f) assessment of the inconvenience that the public is likely to be put to in consequence of the establishment or maintenance of the Over ground Telegraph Infrastructure, and the measures to mitigate such inconvenience indicated by the Licensee;

(g) certification of the technical design by a structural engineer attesting to the structural safety of the Over ground Telegraph Infrastructure;

(h) certification, by a structural engineer, of the structural safety of the building on which the post or other above ground contrivances is proposed to be established;

(i) any other matter connected with or relevant to the work as may be specified, from time to time through a general or special order, by the U.T Administration or Appropriate Authority:

2 Where the establishment of the Overground Telegraph Infrastructure renders the immoveable property, vested in the control or management or under the jurisdiction of the Appropriate Authority over which such Overground Telegraph Infrastructure is established, unlikely to be used for any other purpose, a compensation not exceeding Rs. 1,000/- per Km. of the Overground Telegraph Infrastructure established shall be levied by the Appropriate Authority.

3 The Appropriate Authority shall, within a period not exceeding sixty days from the date of Application made under proviso 9 -

(a) grant permission on such conditions including, but not limited to, the time, mode of execution, measures to mitigate public inconvenience or enhance public safety or structural safety and payment of restoration charge or compensation , subject to the provisions of the Act and these rules; or

(b) reject the Application for reasons to be recorded in writing:

Provided that no Application shall be rejected unless the applicant/ Licensee has been given an opportunity of being heard on the reasons for such rejection:

4 The Appropriate Authority shall not charge any fee other than those mentioned under this order from the Licensee

11. Obligations of Licensee in undertaking work.—(1) The Licensee shall ensure that

(a) Prior to the commencement of establishment and maintenance of Over ground Telegraph Infrastructure and at all times, the measures to mitigate public inconvenience and ensure public safety, including structural safety of such Over ground Telegraph Infrastructure are implemented;

(b) The work of establishment and maintenance of Over ground Telegraph Infrastructure is carried out in accordance with the conditions specified in the grant of permission by the Appropriate Authority.

(c) The tower establishment shall be in accordance with this order and with the advisory guidelines dated as 1st August 2013 issued by the DoT & RoW Rules, 2016 notified by GoI as amended from time to time. The Licensee/IP-I shall be required to abide by it, failing which suitable action as deemed necessary shall be taken by the Appropriate Authority.

(d) If any damage is caused to any person or property because of the tower, machine room, battery equipment etc. erected by the operator, the operator shall be solely responsible for paying all kinds of compensation and damages to the concerned and shall be liable to face any civil or criminal proceedings.

12. Powers of Appropriate Authority to supervise the work: (1) The Appropriate Authority may supervise the execution of work to ascertain if the conditions imposed in the grant of permission are observed by the Licensee.

1 The Appropriate Authority may, on the basis of such supervision, impose such other reasonable conditions as it may think fit.

2 If the Appropriate Authority comes to the conclusion that the Licensee has willfully violated any of the conditions for grant of permission, withdraw the permission granted toSERIES – II No. 21 THE GAZETTE OF DNH & DD Page 29 the Licensee, for reasons to be recorded in writing:

Provided that no action shall be taken under this order unless the Licensee has been given an opportunity of being heard.

13. Application procedure for setting up In-Building Solution (IBS)

1 Mode of deployment of In-Building Solution: There shall be various modes of Deployment of In-Building solutions such as:

(a) Deployment by a neutral host Infrastructure provider or built and managed by Mobile operator and sharing with other service providers on non-discriminatory basis.

(b) Deployment by IP (Infrastructure Provider) and shared with telecom service providers (TSPs). For deploying indoor solutions these companies will be requiring permissions from the building owners. Moreover, if the IP requires to install optical fiber for connecting In-Building Solution (IBS) / Distributed Antenna System (DAS) nodes for which RoW / permissions will be required and shall be granted accordingly.

2 Permissibility: The IBS component being a small equipment can be installed on any type of land/building/utility pole and there is no requirement of getting the permission for installation of these components from the Local Authority but it is required to get permission from the Administrative Authority of the concerned building. This permission from the Administrative Authority is applicable only for Government buildings.

3 Procedure for submitting Application for obtaining clearance: The Application should be made to the Administrative Authority of the Building/ Head of the office with a Layout diagram for implementing IBS in the building.

4 Fees: There shall be no fee to be charged for IBS. However, charges may be levied for provision of power, fixtures, etc. if taken by the TSP/IP.

5 The setting up of In-Building solutions shall be carried out as per the relevant guidelines provided under the National Building Code of India, 2016 (Volume 2: 8.6 on Information and Communication Enabled Installations).

14. Provided further that Cell-on Wheels (COW) and any temporary Infrastructure for managing events/festivals/fares of short duration (maximum 90 days which may be further extended), or to give coverage to blank areas, shall not be included in Telegraph Infrastructure for the purpose of this order. Appropriate Authority should be empowered to permit installation of such temporary structure who shall upon an Application made by the Licensee/IP-I should grant or reject such installation. However, approval or rejection in this regard is expected to be accorded within 3 days from the date of acknowledgement of the Application by the Appropriate Authority. Provided that no Application shall be rejected unless the applicant Licensee/ IP-I has been given an opportunity of being heard on the reasons for such rejection.

CHAPTER IV

REGULARIZATION OF EXISTING TOWERS OR INFRASTRUCTURE

15. Procedure for Regularization of Existing Towers:

1 Wherever permission has already been granted under erstwhile policy/rules, the same shall hold good and no fresh permission will be required under these guidelines.

2 Wherever permission has already been granted or was deemed to be granted under erstwhile rule(s) / policy (ies)/ Orders, the same shall hold good and no fresh permission will be required under this order. However, all the existing Mobile Towers, Telegraph lines, etc. wherein formal permission has not been issued by the concerned Appropriate Authorities, shall be regularized upon the submission of Application in Form-2 along with information and documents as specified therein and after the payment of prescribed fee /charges under this order. Such Application shall be submitted within six months of issue of this order, after which the said mobile towers, Telegraph lines, etc., shall be deemed as unauthorized. Earlier fees paid, if any, by the Licensee/IP-I shall be adjusted, once the Application is submitted within due time, the operation of the Tower shall not be discontinued till disposal of the Application by the Appropriate Authority.

3 In cases where Applications for permission have been submitted under erstwhile Orders/policy(ies) but no fee has been paid or documents as per erstwhile policy(ies) were not submitted and/or permission(s) have not been issued, then in such cases, documents as per this order and/or fees of Rs. 10,000 to meet administrative expenses (if not paid earlier) may be submitted & permission shall be issued in accordance with this order.

4 In all other cases where no Application has been made, the Licensee/IP-I as one-time exercise, shall file Applications in Form-2 along with documents & fees as per this order within six months from the date of issuance of this order and such construction of Tower shall be regularized. Also, the Licensee/IP-I shall deposit the fee as per the relevant clauses provided the various chapters of this order .Further this one-time permission fee shall be payable for all those existing Towers which are older to the issuance of this order. Once the Application is submitted, the operation of the Mobile Tower and Telegraph lines shall not be discontinued till disposal of the Application by the Appropriate Authority.

16. Safety and Security of Telecom Infrastructure:

1 Wherever permission has already been granted under erstwhile policy/rules, the same shall hold good and no fresh permission will be required under these guidelines.

2 Telecom Installations are lifeline installations and a critical Infrastructure in mobile communication. In order to avoid disruption in mobile communication, an essential service, any, Sealing of existing and operational Base Transceiver Station Towers or disconnection of electricity of such towers may not be resorted to without the consent of the respective TERM Cell in respect of the EMF radiation related issues.

3 Strict legal action under relevant sections of Indian Telegraph Act 1885 and Indian Penal Code by the respective law & enforcement Authorities to be initiated against anyone causing willful / negligent damage to the telecom Infrastructure facility or causing interruption to the network connectivity.

CHAPTER V

RIGHT OF APPROPRIATE AUTHORITY TO SEEK REMOVAL OF UNDERGROUND

OR OVERGROUND TELEGRAPH INFRASTRUCTURE

17. Right of Appropriate Authority to seek removal, etc.—(1) Where the Appropriate Authority, having regard to circumstances which have arisen since the establishment of any Underground or Overground Telegraph Infrastructure under, over, along, across, in or upon, any immovable property vested in or under the control or management or under the jurisdiction of the Appropriate Authority, considers that it is necessary and expedient to remove or alter such Telegraph Infrastructure, it shall issue a notice to the Licensee, being the owner of such Telegraph Infrastructure, to remove or alter its location.:

1 On receipt of the notice under proviso (1) as given above, the Licensee shall, forthwith and within a period of thirty days, proceed to submit, to the Appropriate Authority, a detailed plan for removal or alteration of such Telegraph Infrastructure.

2 The Appropriate Authority shall, after examination of the detailed plan submitted by the Licensee under proviso (2), pass such orders as it deems fit:

Provided that the Appropriate Authority shall, having regard to emergent and expedient circumstances requiring the removal or alteration of such Telegraph Infrastructure, give a reasonable time of not less than ninety days to the Licensee for removal or alteration of such Telegraph Infrastructure:

Provided further that the responsibility and liability, including the cost thereof, for removal or alteration of such Telegraph Infrastructure shall be borne by the Licensee.

CHAPTER VI

DEFECT LIABILITY, SUBMISSION OF REPORTS AND OBLIGATIONS OF

GOVERNMENT UTILITY AGENCIES

18. Defects Liability Period:-

1 After the completion of Utility Shifting, the defect liability period shall be Five Years.

During the Defect Liability Period, the Applicant shall maintain Appropriate site conditions in accordance with this order. The obligations of the Applicant hereunder shall include:

(a) permit safe, smooth and uninterrupted flow of traffic on the project road;

(b) undertake routine maintenance including prompt repairs of potholes, cracks, joints, drains, embankments, structures, pavement markings, lighting, road signs and other traffic control devices. For the avoidance of doubt, during the defect liability period, the maintenance work and also the electricity charges for operation of electrical Infrastructure installed along the project length, being used by the Applicant for its own use, shall be borne by the ‗Applicant' only;

(c) undertake repairs within the scope of the project;

(d) inform the Authority of any unauthorized use of the project land;

(e) inform the Authority of any encroachments on the project land; and

(f) operation and maintenance of all communication, patrolling, and administrative systems necessary for the efficient maintenance within the scope of the project in accordance with the provisions of this order.

19. Submission of Final Report: The execution of work shall be carried out within prescribed time limit and reports of the final executed work shall be submitted to the respective Appropriate Authority by the applicant.

20. OBLIGATIONS OF GOVERNMENT UTILITY AGENCIES :

1 The custodian agencies of various utilities such as Electricity Distribution Companies, water supply and sewerage bodies, Public Works Department, etc., while undertaking new construction / repair works affecting the alignment of Underground / Overground telecom Infrastructure shall intimate at least 15 days prior to the starting of the work to concerned Local Authority and TSP / IP providers. This will ensure provision of sufficient time to make plans for shifting of Infrastructure or adopt further suitable action by the TSP/IP Provider in order to avoid disruption in Mobile / Internet services.

21. Notwithstanding anything contained in this order, the methodology and quantum of estimation of charges to be levied upon the Licensee/IP-1 is only indicative and the decision of the Appropriate Authority is final and binding.

CHAPTER VII

DISPUTE RESOLUTION

22. Disputes between Licensee/IP-I and Appropriate Authority:

1 Any dispute arising between a Licensee/IP-I and the Appropriate Authority in consequence of this order, shall be referred to the Committee designated by U.T. Administration of Dadra & Nagar Haveli and Daman & Diu.

2 The Committee designated by U.T. Administration of Dadra & Nagar Haveli and Daman & Diu shall within a period of sixty (60) days determine the dispute referred to it.

23. District and State Level Committees

1 There shall be a District Telecom Committee (DTC) in each district and a U.T Telecom Committee (UTTC) in the Union Territory to deal with matters relating to public grievances on installation of Mobile Towers and other issues concerning telecom Infrastructure in the Union Territory of Dadra & Nagar Haveli and Daman & Diu.

2 District Telecom Committee (DTC): The DTC will comprise of the members as mentioned below:

However, the Chairman of DTC is authorized to co-opt any expert as necessitated:

3 U.T Telecom Committee (UTTC): The UTTC shall comprise the following members.

However, the Chairman, UTTC may co-opt any two experts/ officers as necessitated.

4 The DTC/UTTC shall deal with the issues relating to installation of Telecom Infrastructure including:

(a) Timely disposal of Applications for permission or renewal of permissions.

(b) Public grievances relating to installation of Towers/ Appliances/ Apparatuses, etc. (c) Grievance pertaining to rejection of permission/ seizure / removal of unauthorized Towers, etc.

All such issues / disputes shall be resolved / decided, as far as possible, within 60 days from the date of filing / receiving of the complaints/ grievances.

This issues with the approval of Advisor to the Hon'ble Administrator, DNH and DD.

Sd/–

(S. Krishna Chaitanya) Director-cum-Dy. Secretary (IT) DNH and DDSERIES – II No. 21 THE GAZETTE OF DNH & DD Page 35

SCHEDULE- I

ESTIMATION OF RESTORATION CHARGES

1. Estimation of Road & Electric work to be carried out in order to calculate restoration charges shall be done as per the following rates for the districts of ‗Daman' and ‗Dadra & Nagar Haveli' in the U.T of DNH and DD:

a. SOR R&B Valsad

b. SOR NH Bharuch

c. Market Rates

d. The actual cost incurred for the construction/establishment of the Infrastructure.

2. For the district of ‗Diu' in the U.T of DNH and DD the above shall be carried out as per following rates:

a. SOR R&B Porbandar

b. SOR NH Rajkot

c. Market rates.

d. The actual cost incurred for the construction/establishment of the Infrastructure.

3. Estimation of restoration charges with respect to damage to sewerage & water supply networks/installations, in the U.T of DNH and DD shall be carried out as per following SOR:

a. SOR GWSSB

b. Market rates.

c. The actual cost incurred for the construction/establishment of the InfrastructureSERIES – II No. 21 THE GAZETTE OF DNH & DD Page 36

SCHEDULE-II

MINIMUM TREATMENT REQUIRED AT THE PROJECT SITES

For works pertaining to Utility Shifting, the following minimum treatment shall be carried out at the project sites:

a). National Highways (NH):

For Flexible Pavement:

• Bituminous Concrete (BC) - 40mm

• Dense Bituminous Macadam (DBM) - 100mm

• Wet Mix Macadam (WMM) - 250mm

• Granular Sub-base (GSB) - 200mm

• Subgrade (SG) - 500mm (with minimum CBR 5)

• And remaining embankment should be provided with suitable fill

(with minimum CBR 5)

For Rigid Pavement:

• Pavement Quality Concrete (PQC) - 300mm

• Dry Lean Concrete (DLC) - 150mm

• Granular Sub-base (GSB) - 150mm

• Subgrade (SG) - 500mm (with minimum CBR 5)

• And remaining embankment should be provided with suitable fill

(with minimum CBR 5)

b). State Highways (SH):

For Flexible Pavement:

• Bituminous Concrete (BC) - 40mm

• Dense Bituminous Macadam (DBM) - 90mm

• Wet Mix Macadam (WMM) - 250mm

• Granular Sub-base (GSB) - 200mm

• Subgrade (SG) - 500mm (with minimum CBR 5)

• And remaining embankment should be provided with suitable fill

(with minimum CBR 5)

For Rigid Pavement:

• Pavement Quality Concrete (PQC) - 300mm

• Dry Lean Concrete (DLC) - 150mm

• Granular Sub-base (GSB) - 150mm

• Subgrade (SG) - 500mm (with minimum CBR 5)

• And remaining embankment should be provided with suitable fill

(with minimum CBR 5)SERIES – II No. 21 THE GAZETTE OF DNH & DD Page 37

c). Major District Roads (MDR) / Other District Road (ODR):

For Flexible Pavement:

• Bituminous Concrete (BC) - 40mm

• Dense Bituminous Macadam (DBM) - 75mm

• Wet Mix Macadam (WMM) - 250mm

• Granular Sub-base (GSB) - 200mm

• Subgrade (SG) - 500mm (with minimum CBR 5)

• And remaining embankment should be provided with suitable fill

(with minimum CBR 5)

For Rigid Pavement:

• Pavement Quality Concrete (PQC) - 250mm

• Dry Lean Concrete (DLC) - 150mm

• Granular Sub-base (GSB) - 150mm

• Subgrade (SG) - 500mm (with minimum CBR 5)

• And remaining embankment should be provided with suitable fill

(with minimum CBR 5)

d). Village Roads (VR):

For Flexible Pavement:

• Bituminous Concrete (BC) - 40mm

• Dense Bituminous Macadam (DBM) - 50mm

• Wet Mix Macadam (WMM) - 200mm

• Granular Sub-base (GSB) - 200mm

• Subgrade (SG) - 500mm (with minimum CBR 5)

• And remaining embankment should be provided with suitable fill

(with minimum CBR 5)

For Rigid Pavement:

• Pavement Quality Concrete (PQC) - 200mm

• Dry Lean Concrete (DLC) - 150mm

• Granular Sub-base (GSB) - 150mm

• Subgrade (SG) - 500mm (with minimum CBR 5)

• And remaining embankment should be provided with suitable fill

(with minimum CBR 5)

e). Urban Roads:

For Flexible Pavement:

• Bituminous Concrete (BC) - 40mm

• Dense Bituminous Macadam (DBM) - 80mm

• Wet Mix Macadam (WMM) - 250mm

• Granular Sub-base (GSB) - 200mm

• Subgrade (SG) - 500mm (with minimum CBR 5)

• And remaining embankment should be provided with suitable fill

(with minimum CBR 5)SERIES – II No. 21 THE GAZETTE OF DNH & DD Page 38

For Rigid Pavement:

• Pavement Quality Concrete (PQC) - 250mm

• Dry Lean Concrete (DLC) - 150mm

• Granular Sub-base (GSB) - 150mm

• Subgrade (SG) - 500mm (with minimum CBR 5)

• And remaining embankment should be provided with suitable fill

(with minimum CBR 5)

For Separators & Footpaths: For all the above-mentioned categories of road:

• Interlocking Concrete Blocks - 60mm (M-30)

• Sand Bed - 35mm

• Granular Sub-base (GSB) - 200mm

• Subgrade (SG) - 500mm (with minimum CBR 5)

• And remaining embankment should be provided with suitable fill

(with minimum CBR 5)

For Interlocking Concrete Block Pavement with Commercial Traffic:

For all the above-mentioned categories of road:

• Interlocking Concrete Blocks - 100mm (M-40)

• Sand Bed - 35mm

• Wet Mix Macadam (WMM) - 250mm

• Granular Sub-base (GSB) - 250mm

• Subgrade (SG) - 500mm (with minimum CBR 5)

• And remaining embankment should be provided with suitable fill

(with minimum CBR 5)

Trial Pits & Horizontal Directional Drilling:

a. The actual size of pit shall be presumed that no pit is less than 1.0-meter-wide x 1.0-meter- long and 1.0-meter-deep and the filling of such trial pits shall be carried out as per above mentioned crust thickness respective to the category of road.

b. Pits shall not be allowed to be refilled with the excavated material but shall be allowed to be filled only with the non-cohesive granular material and only as per specifications, thus no further settlements take place.

c. If the road is dug, it shall be presumed that the trench is minimum 1.0-meter-wide x 1.0- meter-long and 1.0-meter-deep and it shall be repaired as per maintenance guideline of the road work.

d. The Horizontal Directional Drilling (HDD), for laying down utilities, carried out through the main carriageway, shall be filled as per above mentioned crust thickness respective to the category of road and when carried out ‗Longitudinally' besides main carriageway, shall be filled with suitable fill (with minimum CBR 5).

SCHEDULE-III

METHODOLOGY FOR EXECUTION

1. The execution of utility shifting shall be carried as per the specifications provided under the MoRT&H Manual and some of the specifications are provided under :-

a. Bituminous Concrete (BC) to be constructed as per Clause 507 of MoRT&H Manual.

b. Dense Bituminous Macadam (DBM) to be constructed as per Clause 505 of MoRT&H Manual.

c. Wet Mix Macadam (WMM) to be constructed as per Clause 406 of MoRT&H Manual.

d. Granular Sub-base (GSB) to be constructed as per Clause 401 of MoRT&H Manual.

e. Subgrade (SG) & Embankment to be constructed as per Clause 305 of MoRT&H Manual.

f. Pavement Quality Concrete (PQC) to be constructed as per Clause 602 of MoRT&H Manual.

g. Dry Lean Concrete (DLC) to be constructed as per Clause 601 of MoRT&H Manual.

2. The execution of utility shifting shall be carried out in presence of responsible employees of applicant from each related discipline with minimum experience stated as below:

a. Civil Engineer - Minimum 5 years of experience after completing a Graduation degree.

b. Electrical Engineer - Minimum 5 years of experience after completing a Graduation degree.

c. Mechanical Engineer - Minimum 5 years of experience after completing a Graduation degree.

d. Electronic & Communication Engineer – Minimum 5 years of experience after completing a Graduation degree.

e. Environmental Engineer – Minimum 5 years of experience after completing a Graduation degree.

f. Information Technology – Minimum 5 years of experience after completing a Graduation degree

OR

Minimum 3 years of experience after completing a Post Graduation degree from the above- mentioned relevant disciplines.

FORM 1

Application for Permission / Renewal of Permission for Laying / Establishment of

Underground Telecom Infrastructure / Optical Fiber Cable.

To,

The Appropriate Authority,

----------------------------

Declaration

1. I hereby declare that I have carefully read the Order. I fully comply with the terms and conditions therein.

2. I understand that this Application, if found incomplete in any respect and/or if found with conditional compliance or not accompanied with the processing fee, shall be summarily rejected.

3. I understand that the processing fee is non-refundable irrespective of whether or not the permission is granted to me.

4. I declare that if at any time any averments made or information furnished by me is found incorrect or false, my Application shall be liable to be rejected and any permission granted on the basis of such information/documents shall be liable to be canceled/rejected.

Signatures and Name of the Authorized Signatory

With a seal.

Date:

Place:

FORM 2

Application for Permission / Renewal / Regularization of Permission for Installation of

Over Ground Telecom Infrastructure.

To,

The Appropriate Authority,

----------------------------

Declaration

1. I hereby declare that I have carefully read the Order. I fully comply with the terms and conditions therein.

2. I understand that this Application, if found incomplete in any respect and/or if found with conditional compliance or not accompanied with the processing fee, shall be summarily rejected.

3. I understand that the processing fee is non-refundable irrespective of whether or not the permission is granted to me.

4. I declare that if at any time any averments made or information furnished by me is found incorrect or false, my Application shall be liable to be rejected and any permission granted on the basis of such information/documents shall be liable to be canceled/rejected.

Signature and Name of the Authorized Signatory with seal.

Date: Place:

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U.T. Administration of Dadra and Nagar Haveli and Daman & Diu

Office of the Joint Secretary (PE & ME), Collectorate, Daman

No. 01/06/App. of Dir. (PE & EM)/2020/60 Dated: 28.05.2022

Subject: Appointment of Director of Panchayat & Municipal Election in the UT of Dadra and

Nagar Haveli and Daman & Diu- reg

With reference to subject cited above, the Notification No. 7-7/EC/DD/2020/651 dated 27.05.2022 received from the Election Commissioner for UT of Dadra & Nagar Haveli and Daman & Diu, F-Block, M.S. Apartment, K.G. Marg, New Delhi is hereby published in the official Gazette of this U.T. Administration of Dadra & Nagar Haveli and Daman & Diu for general information.

Sd/– (Ashish Mohan) Joint Secretary (PE & ME)

UT of Dadra & Nagar Haveli and Daman & Diu,

Daman

––––––––

ELECTION COMMISSION Dadra & Nagar Haveli and Daman & Diu F-Block, 1 Floor, M.S. Apartments, KG Marg, New Delhi-110 001.

Dated the 27th May, 2022

NOTIFICATION

No.7-7/EC/DD/2022: In exercise of the powers conferred on it under Rule 8 (1) of the Dadra and Nagar Haveli Panchayats (Election Procedure) Rules, 2014, Rule 8 (1) of the Dadra and Nagar Haveli Municipal Council (Elections) Rules, 2005, Rule 8 (1) of the Daman and Diu Panchayats (Election Procedure) Rules, 2014 and Rule 8 (1) of the Daman and Diu Municipalities (Elections) Rules, 1995 and in supersession of all its previous Notifications issued under the said rules, the Election Commission for the Union Territory of Dadra & Nagar Haveli and Daman and Diu, in consultation with the Administrator of the said Union Territory, appoints Shri Gaurav Singh Rajawat, IAS, Finance Secretary, UT Administration of Dadra & Nagar Haveli and Daman & Diu as the Director of Panchayat Elections and Director of Municipal Elections for Dadra & Nagar Haveli and Daman & Diu with immediate effect.

Sd/– (Narendra Kumar) Election Commissioner

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U.T. Administration of Dadra and Nagar Haveli and Daman & Diu

Office of the Joint Director (PE & ME), Collectorate,

Daman

No. 04/2022/DIR(PE & EM)/Revr of Seat/28 Dated: 02/06/2022

Subject: Reservation of seats for the SCs, STs and Women in Diu Municipal Council for the forthcoming General Election- reg

With reference to subject cited above, the Commission Order No. 7-11/EC/DD/2022 dated 02nd June, 2022 issued by the Election Commissioner for UTs is hereby published in the Official Gazette of this UT Administration of Dadra & Nagar Haveli and Daman & Diu for general information.

Sd/– (Ashish Mohan) Joint Director (PE & ME) UT of Dadra & Nagar Haveli and Daman & Diu,

–––––––

ELECTION COMMISSION Dadra and Nagar Haveli & Daman and Diu F-Block, 1st Floor M.S. Apartments, K. G. Marg New Delhi - 110 001 Camp at Diu ***

Dated the 2nd June, 2022

O R D E R

No. 7-11/EC/DD/2022: Whereas, the Administrator of Dadra and Nagar Haveli and Daman and Diu has determined the total number of seats and the seats to be reserved for women, the Scheduled Castes and the Scheduled Tribes and women belonging to these castes/tribes in the Diu Municipal Council vide Notification No. UD/DNH/Muni/Res./Women/99/2017/42 dated 5th October, 2020, there by alloting one seat to Scheduled Castes women and six seats to general women;

And, whereas, Rule 3 (1) (b) of the Daman and Diu Municipalities (Election) Rules, 1995 provides that ―wards in which seats are reserved for the Scheduled Castes, the Scheduled Tribes, women belonging to these castes or tribes or women shall, as far as practicable, be distributed in different parts of each Council‖;

And whereas, Rule 3(1) (c) of the said Rules provides, inter alia, that ―the seats reserved under clause (b) may be rotated by the Commission by draw of lots separately for the Scheduled Castes, the Scheduled Tribes and the women so that it is ensured that seats are so reserved in favourSERIES – II No. 21 THE GAZETTE OF DNH & DD Page 46 of such Castes, Tribes or Women in all the wards before such reservation is made in respect of a ward for the second time for that category‖;

And in compliance thereof and keeping in view the reservation order of seats for general women and Scheduled Castes women in the general election, 2017, a public draw of lots was held in the Conference Hall of Diu Municipal Council, Diu, on 02.06.2022 in the presence of representatives of political parties and others interested in the subject;

Now, in pursuance of Section 10(4) of the Dadra and Nagar Haveli and Daman and Diu Municipal Council Regulation, 2004 read with Rule 3 (1) (b) and (c) of the Daman and Diu Municipalities (Election) Rules, 1995, the Election Commission for Dadra and Nagar Haveli and Daman and Diu, following the principle of rotation and after draw of lots held at Diu on 02.06.2022, hereby allots the seats reserved for women, the Scheduled Castes, and women belonging to the Scheduled Castes to the following wards for the purpose of the forthcoming general election to the Diu Municipal Council:-

Sd/–

(Narendra Kumar) Election Commissioner

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Published by : e-gazette, Department of Planning & Statistics, DNH & DD.