[ 167 ]

GOVERNMENT OF PUDUCHERRY

DIRECTORATE OF INFORMATION TECHNOLOGY

(G.O. Ms. No. 1/DIT/2023, Puducherry, dated 05th April 2023)

NOTIFICATION

The following rules, published by the Ministry of Communications

(Department of Telecommunications), Government of India, New Delhi, in the

Gazette of India, are hereby republished for general information of the public.

(i) The Indian Telegraph Right of Way (Amendment) Rules, 2021.

(ii) The Indian Telegraph Right of Way (Amendment) Rules, 2022.

(By order)

D. MOHAN KUMAR,

Director

(Information Technology).

Registered with the Registrar

of Newspapers for India

under No. 10410

Registered No. PY/44/2021-23

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2023 (16 Chaitra 1945)

No.

Puducherry

Thursday

6th

April

2023

168

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168

MINISTRY OF COMMUNICATIONS

(DEPARTMENT OF TELECOMMUNICATIONS)

New Delhi, dated 21st October 2021.

NOTIFICATION

G.S.R. 749(E).— In exercise of the powers conferred by sub-section (1) and clause (e) of sub-section (2) of

section 7 read with sections 10, 12 and 15 of the Indian Telegraph Act, 1885 (13 of 1885), the Central Government,

hereby makes the following rules further to amend the Indian Telegraph Right of Way Rules, 2016, namely:-

1. Short title and commencement.— (l) These rules may be called the Indian Telegraph Right of Way

(Amendment) Rules, 2021.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Indian Telegraph Right of Way Rules, 2016 (hereinafter referred to as the said rules), in the opening

paragraph, for the words “mobile towers”, the words “mobile towers and telegraph line” shall be substituted.

3. In the said rules, in rule 6, in sub-rule (4), for the word “establishing”, the words “establishing, maintaining,

working, repairing, transferring or shifting” shall be substituted.

4. In the said rules, in rule 9, in sub-rule (2), after clause (xiv), the following provisos shall be inserted,

namely:-

“Provided that the documents mentioned in clauses (ii), (iii), (v) (ix), (x) and (xi) shall not be required in

case of application made for establishment of overground telegraph line:-

Provided further that the documents related to route plan for establishment of overground telegraph line

shall be required to be provided by the licensee with the application made for establishment of overground telegraph

line:”.

5. (i) In the said rules, in rule 10,- in sub-rule (1), after clause (i), the following provisos shall be inserted,

namely:-

“Provided that the parameters mentioned in clauses (a), (b), (c), (g) and (h) shall not be necessary for

examination of the application made for establishment of overground telegraph line:-

Provided further that the appropriate authority shall examine the route plan for the proposed overground

telegraph line and the possible interference in regard to the establishment or maintenance of such overground

telegraph line with regard to any other public infrastructure that may have been laid along the proposed route:-”;

(ii) in sub-rule (2), the following proviso shall be inserted, namely:-

“Provided that in cases where the overground telegraph line is established over the immovable property,

vested in the control or management of any appropriate authority, then in such cases, one time compensation shall

be payable for the value of the immovable property, not exceeding one thousand rupees per kilometer of the

overground telegraph line established:-”;

(iii) in sub-rule (4). for the word “establishing”, the words “establishing, maintaining, working, repairing,

transferring or shifting” shall be substituted.

[F.No. 2-41/2020-Policy]

HARI RANJAN RAO,

Joint Secretary.

Note : The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3,

Sub-section (i) vide notification number G.S.R. 1070(E), dated the 15th November, 2016 and further

amended vide G.S.R. 407(E), dated 21st April, 2017.

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MINISTRY OF COMMUNICATIONS

(DEPARTMENT OF TELECOMMUNICATIONS)

New Delhi, dated 17th August 2022.

NOTIFICATION

G.S.R. 635(E).— In exercise of the powers conferred by sub-section (1) and clause (e) of sub-section (2) of

section 7 read with sections 10, 12 and 15 of the Indian Telegraph Act, 1885 (13 of 1885), the Central Government

hereby makes the following rules further to amend the Indian Telegraph Right of Way Rules, 2016, namely:-

1. (1) These rules may be called the Indian Telegraph Right of Way (Amendment) Rules, 2022.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Indian Telegraph Right of Way Rules, 2016 (hereinafter referred to as the said rules), in the opening

paragraph, the brackets and words “(optical fibre)” and “(mobile towers and telegraph line)” shall be omitted.

3. In rule 2 of the said rules, in sub-rule (1), after clause (g), the following clause shall be inserted, namely:-

“(h) “Schedule” means, a Schedule appended to these rules.”.

4. In rule 4 of the said rules, for sub-rule (2), the following sub-rule shall be substituted, namely:-

“(2) Every application for permission under these rules shall be made by the licensee on an electronic

portal developed by the Central Government.”.

5. In rule 5 of the said rules, in sub-rule (3), in the proviso, for the words “one thousand rupees per kilometer”,

the words “the amount specified in Part-I of the Schedule” shall be substituted.

6. In rule 6 of the said rules,-

(a) after sub-rule (1), the following sub-rules shall be inserted, namely: -

“(1A) 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 the ducts.

Explanation.– “duct” means, a pipe, permanently lubricated or of any other kind, used as underground

cable conduit for telegraph line.

(1B) 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.

(b) in sub-rule (2), in clause (a), -

(i) for the words “as may be specified, subject to the provisions of the Act and these rules”, the

words “not exceeding the amount specified in Part-II of the Schedule” shall be substituted;

(ii) the following proviso shall be inserted, namely:-

“Provided that where horizontal directional digging technology is used for establishing underground

telegraph lines, restoration charges shall be levied for pits only.”;

of the Schedule” shall be inserted;

(d) in sub-rule (4), -

(i) after the word “fee”, the words “and compensation,” shall be inserted;

(ii) after the word and figure “rule 5”, the words, brackets and figures, “sub-rule (1B)” shall be inserted.

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7. In rule 9 of the said rules, in sub-rule (3). in the proviso, for the words “ten thousand rupees”, the words

“the amount specified in Part-I of the Schedule” shall be substituted.

8. In rule 10 of the said rules. -

(a) after sub-rule (1), the following sub-rule shall be inserted, namely:-

“(1A) 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) in sub-rule (2), for the proviso, the following proviso shall be substituted, namely:-

“Provided that the compensation payable for the immovable property for the establishment of poles

for installation of small cells and telegraph line shall not exceed the amount specified in Part-III of the

Schedule.”.

and these rules”, the words, “not exceeding the amount specified in Part-II of the Schedule, or compensation, as

specified in sub-rule (2)” shall be substituted;

(d) in sub-rule (4). -

(i) after the word “fee”, the words “and compensation.” shall be inserted;

(ii) after the word and figure “rule 9”, the words, brackets and figure “, sub-rule (2)” shall be inserted;

(e) after sub-rule (4), the following sub-rule shall be inserted, namely:-

“(5) For the purposes of this rule, and rule 10B and the Schedule, the expression,-

(a) “mobile tower” means, any above-ground contrivance for carrying, suspending or supporting a

telegraph and does not include pole;

(b) “pole” means, any above-ground contrivance of height not exceeding eight meters for carrying,

suspending or supporting a telegraph and does not include mobile tower;

ten meters to two kilometers.”.

9. After rule 10 of the said rules, the following rules shall be inserted, namely: -

“10A. Usage of street furniture for installation of small cells and telegraph line.— (l) 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 authorised 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 permission to use street furniture for installation of small cells and telegraph line.

(2) The application under sub-rule (1), shall be accompanied with such fee 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.

(3) The appropriate authority shall, within a period not exceeding 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.

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(4) 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.

(5) The appropriate central authority may permit installation of small cells on their buildings and structures.

(6) For the purposes of sub-rule (5), 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 institution.

10B. 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

permission 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 the 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,

authorised 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.”.

10. After rule 14 of the said rules, the following Schedule shall be inserted, namely: -

“THE SCHEDULE

[See rules 5 (3), 6 (IB), 6 (2) (a), 6 (3), 9 (3), 10 (2), 10 (3) (a), 10A (2), 10A (4)]

Rule

Item

Amount

(1)

(2)

(3)

Part-I Fee

5(3)

For establishment of underground telegraph

One thousand rupees per kilometer

infrastructure.

9(3)

For establishment of overground telegraph

(i)

Ten thousand rupees for establishment of mobile

infrastructure.

towers.

(ii)

One thousand rupees 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)

One thousand rupees 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.

10A(2)

For installation of small cells and telegraph

Nil.

line using the street furniture.

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Part-II Charges for restoration

6(2)(a)

Establishment of underground telegraph

Sum required to restore immovable property as per the

infrastructure where undertaking is not

rate prescribed by central public works department for

given by the licensee to discharge the

that area or as per the rate prescribed by state public

responsibility to restore the damages.

works department for that area, if no rate has been

prescribed by central public works department for that

area.

6(3)

Bank guarantee as security for performance

20% of the sum required to restore immovable property

in case of establishment of underground

as per the rate prescribed by central public works

telegraph infrastructure where undertaking

department for that area or as per the rate prescribed

is given by the licensee to discharge the

by state public works department for that area, if no

responsibility to restore the damages.

rate has been prescribed by central public works

department for that area.

10(3)(a)

Establishment of overground telegraph

Sum required to restore immovable property as per the

infrastructure.

rate prescribed by central public works department for

that area or as per the rate prescribed by state public

works department for that area, if no rate has been

prescribed by central public works department 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-Ill Compensation

6(1B)

Establishment of underground telegraph

Nil.

infrastructure.

10(2)

Establishment of poles for installation of

Nil.

small cells and telegraph line.

10A (4)

Usage of street furniture for installation of

(i)

For installation of small cells : Three hundred rupees

small cells and telegraph line.

per annum for urban area and one hundred and

fifty rupees per annum for rural areas per street

furniture.

(ii)

For installation of telegraph line : One hundred

rupees per annum per street furniture.

[F.No. 2-10/2022-Policy]

ANAND SINGH,

Joint Secretary.

Note : The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3,

Sub-section (i) vide notification number G.S.R. 1070 (E), dated the 15th November, 2016 and

subsequently amended vide G.S.R. 407 (E), dated 21st April, 2017 and G.S.R. 749 (E), dated the 21st

October, 2021.

————

(1)

(2)

(3)

online publication at “https://styandptg.py.gov.in”

Published by the Director, Government Press, Puducherry.