GOVERNMENT OF CHHA TTISGARH

notifications · 2000 · State unknown

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Parent: THE INFORMATION TECHNOLOGY ACT, 2000 (7ddd5401b153a812d4edd5d8ac2a6a13a204d4d1)

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GOVERNMENT OF CHHA TTISGARH Electronics and Information Technology Department Mantralaya, Naya Raipur :NOTIFICATION:: Raipur, Dated- 2 6/06/25 No: F 4-542014/56/EIT State Government hereby notifies ~Right of Way Policy, 2015" of Chhattisgarh State, as enclosed. In exercise of the powers conferred by sub-clause 4.2 of Clause 4 of the Right of Way Policy, 2015, the State Government, hereby, notifies that the said policy shall come into force from [ February 2015. In the name of the Governor of Chhattisgarh and by Order, (B Ananda Babu) Secretary Govt of Chhattisgarh Electronics and Information Technology L THE "RIGHTS-OF-WAY" POLICY FOR DEVELOPMENT OF TELECOMMUNICATION INFRASTRUCTURE, 2015 1 Preamble _ Whereas, the telecommunication infrastructure is an enabling infrastructure for electronic transferring and accessing information which is significant for economic, social and cultural development and for conferring benefits for competitive advantage to the local business. Therefore, there is a need for the creation of a "National Optical Fibre Network" (referred hereinafter as NOFN) which will form the backbone of the "Digital India Initiative" for providing broadband connectivity to the village panchayats, and will help in offering online governance, banking and health services even in the rural areas of Chhattisgarh. Whereas, having regard to the creation of telecommunication infrastructure there is a requirement of installation and arrangement of cables in, above or below the public property such as roads etc The service provider has to obtain prior permission from various departments and local bodies to execute these works_ Therefore, the State Government, hereby, notifies a uniform transparent "Right of Way Policy-2015" for creation of telecommunication infrastructure

Rule TOC

2 · Objective.

3 · Definitions:

3 · 1. "Department of Telecommunications means Department of Telecommunications, Government of India; 3.2. "Department of Electronics and Information Technology means Department of Electronics and Information Technology Government of Chhattisgarh;

3 · 3 Principal Secretary / Secretary" means the Principal Secretary / Secretary (f (hc' [)'1;rUH of Electronics and Information Technologv, Government of ( 'hlattisgarh: 3.4_ "Collector" means (e' Vistricu C'olleetor cum Chairman, District Level Committee of the respe€tive District; 3.5. "Committee or District Committee" means the District Level Committee to be constituted under this policy as mentioned in clause

6 · 4.;

3 · 6. "Agency" means the respective Department, Organization, Authority , Local body or Companv including their assignees Owning or responsible for the construction or maintenance of the respective infrastructure including road, electrical or telephone line, installation, poles etc;; 3.7 . "Service Provider or Applicant" means the executing agencv(s), corporation(s), firm(s) O1 agency(ies) registered with, and granted license by Department of Telecommunication, is the applicant for Right of Way; 3.8. "Licencee" means respective service provider who has obtained necessary licence from the Department of Telecommunication, Government 0f India to plan and construct telecom infrastructure in the State of Chhattisgarh; 3.9 "Optical Fibre Cable" means cable containing one or more optical fibre elements with appropriate specifications deployed for long distance telecommunication or providing a high-speed data connection which shall inelude but not limited to cables with ground wire support, self-supporting Cable and all tpe of wire, cables which are to be laid under this policy.

4 · Applicability and Enforcement:

4 · 1. This policy shall be applicable for all properties, lands and roads owned and managed b; State Government, Local Bodies, State Organisations and its Undertakings.

4 · 2. This policv shall (lO' iu(o force (rom the date of its publieation in the Official Gazette.

5 · Nodal Department. L 5.1. Department of Eleetroics :Icl Information Technology shall be the Nodal Department, for implementation, and required coordination for the Policy. The DepartmeHt of Electronics and Information Technologv shall also notify the Nodal Officer regarding the execution of this policy. 5.2 Department of Electronics and Information Technology shall from time to time issue appropriate guidelines, clarifications, elucidation, directives etc. to implement, oversee, monitor this policy and resolve various issues arising during the implementation of this policy.

6 · Process of obtaining permission

6 · 1. The Service Provider shall submit application in requisite format along with State Action Plan with GIS Map to the Department of Electronics and Information Technology Chhattisgarh to obtain permission for right of way for laving down optical fibre cable for the development of telecom infrastructure.

6 · 2- The Service Provider shall present the action plan before Principal Secretary / Secretary of Department of Electronics and Information Technologv_ Chhattisgarh on prescribed date by the Department of Electronics and Telecommunication. The Department of Electronics and Information Technologv, Chhattisgarh shall issue letter of consent after incorporating necessary suggestions or clarifications in the plan by the service provider as suggested by the department and a copy of the same shall also be endorsed to the concerned Collector.

6 · 3. The Service Provider shall submit District Action Plan before the concerned Collector. The District Action Plan shall comprise of details

6 · 4. In each district, for the implementation of this policy and revien of its progress there shall be District Level Committee which shall be constituted as given below ,

6 · 5. The applicant shall make presentation about District Action Plan before District Level Committee on a date fixed by District Collector and incorporate all the suggestions and corrections in the district plan as suggested by the Committee. The departments shall undertake site inspection for the works as mentioned in the revised

6 · 6. The District Collector shall ensure that permission letter as requested in District Action Plan shall be issued within 30 davs from the date of receipt of application from Service Provider.

6 · 7. The conditions set forth in the permission no objection order issued bv departments must be complied by' the Service Provider

6 · 8. Under the policy , approval for the right of wav On the government land shall be provided free of cost; to all service providers for laying optical fibre, for NOFN Scheme Or other service providers to develop telecom infrastructure in the State.

6 · 9. To commence work on the forested land, prior permission from Appropriate Authority shall be required under the provisions of FForest Conservation Act, 1980' .

6 · 10. The Service Provider needs to obtain approval from the competent authority of National Highway Authoriti of India for right of Wai on the land belonging to National Highway, as per the directives issued by Government of India from time-to-time.

6 · 11_ A bank guarantee of the specified amount as indicated hereinafter valid for a period not less than a vear or till the completion of the rollout for the specilic district, "hichever is higher, from a scheduled nationalised bank is to be furnished in the specified format in favour of the Nodal Officer / Department as directed by respective District Collector. This shall be kept as security against

6 · 12_ Under NOFN sc M(' Ilc Stalte Electricity Company shall not charged Service Proviclers lo Iaing optical fibre cable over electrical infrastructure lines o slae' pWeT transmission. 6.13. The clearances Or permission granted under this policy, shall not in any wav, be deemedl t0 confer to the service provider, an; ownership right or any interest on that route, highway, land or property. 6.14. In case of any breach of the provisions of this policy , the Department Of Electronics And Information Technology or concerned District Collector shall be empowered to withdrav any Or all permissions issued or mav terminate the contract after giving & show cause notice of 15 days, or may direct to make good or cure the default or the breach by the service provider or mav appoint any other agency to rectify/cure the damage and recover the expenditure of the same bv deducting the amount due from the bank guarantee submitted by service provider or by other means. 6.15_ The notifications, directives instructions, etc., shall be issued time to time by the Electronics and Information Technology Department, Government of Chhattisgarh, for the effective implementation of the policv.

7 · . Execution Procedure-

7 · 1. Before commencement of work in any district, the Service Provider shall enter into conditional agreement in prescribed format: 7.2. The date of the commencement and completion of work in District and other milestones related to information shall be informed bv the Service Provider to the Department of Electronics and Information Technologv as well as concerned District Collector. 7.3. The Service Provider shall be liable to make good and shall extend all its assistance for rectifications of damages to property or restoration of services, if any, caused b1 him, within 24 hours of such damage or disruption of service. The entire rectification and restoration work shall be at the cost of service provider, as per the

7 · 9. The Service Proiclr slll m1o( claim, treat, O1 establish exclusive right over the place &cl |X[ 'Tl udler this 'Right of Wav' policy and anv subsequent Lsc1 ([" (ity shall Ix ' permitted to use the, either above or below , or hy Ihve siclo' ( hw utilities laid bv the first service provider, subject to the (llfihnent of technical requirements to be decided by the Appropriate' (iovernment Authority.

8 · Service provider eligibility.

8 · 1. The validity of Right of Waay' would be co-terminus with the validity of license of the Service Provider. 8.2. The appropriate reference(s) to the definition(s), provision(s), eligibilities, conditionality (ies) and boundary (ies) or locational area(s) mentioned in licensels) issued by the Government of India shall be e ffeclive and applicable to permissions issued by the state under this policy for obtaining right of way. 9 Construction of permanent ducts along roadside for establishing Optical Fiber.-

9 · 1. State agencies mar keep provision for construction of reinforced ducts along the side of highwavs or roads in the State. These ducts Will be used for laving optical fibre by various service providers. The Appropriate Authority of Government shall be entitled to levy yearly rental or one-time pavment as user charges. 9.2. The permission to use these ducts and revie 0f utilitv will be done by the District Level Committee. 9.3. Service provider shall not be allowed to lay optical fibre separatelv or create separate ducts for laving O cable, wherever such facilities are planned by the district authorities.

10 · Provision of bandwidth for E-Governance services _

10 · 1. The Service provider has to ensure provisioning of bandwidth at no cost to government for E-Governance services as indicated below ,

10 · 2_ The service provider need to ensure above bandwidth connectivity till such time the services by the service provider are operational in the State.