Children Act

The Children Act, 1960

ACT NO. 60 OF 1960 ¹[ 26th December, 1960.] An Act to provide for the care, protection, maintenance, welfare, training, education and rehabilitation of neglected or delinquent children and for the trial of delinquent children in the Union territories.

BE it enacted by Parliament in the Eleventh Year of the Republic of India as follows:--

CHAP PRELIMINARY
CHAPTER I
PRELIMINARY

1. Short title, extent and commencement.

1. This Act may be called the Children Act, 1960 .
2. It extends to all the Union territories.
3. It shall come into force in any Union territory on such [date]² as the Administrator may, by notification in the Official Gazette, appoint and different dates may be appointed for different areas thereof.

2. Definitions. In this Act, unless the context otherwise requires,--

1. " Administrator" means the administrator of a Union territory, whether called a Lieutenant Governor, a Chief Commissioner or by any other name;
2. " begging" means--
   1. soliciting or receiving alms in a public place or entering on any private premises for the purpose of soliciting or receiving alms, whether under the pretence of singing, dancing, fortune- telling, performing tricks or selling articles or otherwise;
   2. exposing or exhibiting with the object of obtaining or extorting alms any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal;
   3. allowing oneself to be used as an exhibit for the purpose of soliciting or receiving alms;
   1. This Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and Sch.; to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I and to Pondicherry by Reg. 7 of 1963, s. 3 and Sch. I.
   2. 1- 1- 1962 in the Union territory of Delhi: vide Notification No. F. 40 (8) 61-DSW (1), dated 1- 12- 1961, published in the Delhi Gazette.
3. "Board" means a Child Welfare Board constituted under section 4;
4. "brothel"," prostitute"," prostitution" and" public place" shall have the meanings respectively assigned to them in the Suppression of Immoral Traffic in Women and Girls Act, 1956 (104 of 1956 );
5. "child" means a boy who has not attained the age of sixteen years or a girl who has not aftained the age of eighteen years;
6. "children' s court" means a court constituted under section 5;
7. "children' s home" means an institution established or certified by the Administrator under section 9 as a children' s home;
8. "competent authority" means, in relation to neglected children, a Board constituted under section 4 and, in relation to delinquent children a children' s court constituted under section 5, and where no such Board or children' s court has been constituted, includes any court empowered under sub- section (2) of section 7 to exercise the powers conferred on a Board or children' s court;
9. "dangerous drug" shall have the meaning assigned to it in the Dangerous Drugs Act, 1930 (2 of 1930 );
10. "delinquent child" means a child who has been found to have committed an offence;
(jj) ¹["fit person" or" fit institution" means any person or institution (not being a police station or jail) found fit by the competent authority to receive and take care of a child entrusted to his or its care and protection on the terms and conditions specified by the competent authority;]
11. "guardian" in relation to a child, includes any person who, in the opinion of the competent authority having cognizance of any proceeding in relation to a child, has, for the time being, the actual charge of, or control over, that child;
12. "neglected child" means a child who--
    1. is found begging; or
    2. is found without having any home or settled place of abode or any ostensible means of subsistence or is found destitute, whether he is an orphan or not; or
    1. Ins. by Act 15 of 1978, s. 3.
    3. has a parent or guardian who is unfit 1 or unable] to exercise or does not exercise proper care and control over the child; or lives in a brothel or with a prostitute or frequently goes to any place used for the purpose of prostitution, or is found to associate with any prostitute or any other person who leads an immoral, drunken or depraved life;
13. "observation home" means any institution or place established or recognised by the Administrator under section 11 as an observation home;
14. "offence" means an offence punishable under any law for the time being in force;
    (nn) ¹[" place of safety" means any place or institution (not being a police station or jail), the person in charge of which is willing temporarily to receive and take care of a child and which in the opinion of the competent authority may be a place of safety for the child;]
15. "prescribed" means prescribed by rules made under this Act;
16. "probation officer" means an officer appointed as a probation officer under this Act or under the Probation of Offenders Act, 1958 (20 of 1958 );
17. "special school" means an institution established or certified by the Administrator under section 10;
18. "supervision", in relation to a child placed under the care of any parent, guardian or other ²[fit person or fit institution] under this Act, means the supervision of that child by a probation officer for the purpose of ensuring that the child is properly looked after and that the conditions imposed by the competent authority are complied with;
19. all words and expressions used but not defined in this Act and defined in the ³[Code of Criminal Procedure, 1973 (2 of 1974 ),] shall have the meanings assigned to them in that Code.

1. Ins. by Act 15 of 1978, s. 3. 2. Subs. by s. 3, ibid., for" fit person". 3. Subs. by s. 2, ibid.

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3. Continuation of inquiry in respect of child who has ceased to be child.Where an inquiry has been initiated against a child and during the course of such inquiry the child ceases to be such, then, notwithstanding anything contained in this Act or in any other law for the time being in force, the inquiry may be continued and orders may be made in respect of such person as if such person had continued to be a child.

CHAP COMPETENT AUTHORITIES AND INSTITUTIONS FOR CHILDREN
CHAPTER II COMPETENT AUTHORITIES AND INSTITUTIONS FOR CHILDREN

4. Child Welfare Boards.

1. The Administrator may, by notification in the Official Gazette, constitute for any area specified in the notification, one or more Child Welfare Boards for exercising the powers and discharging the duties conferred or imposed on such Board in relation to neglected children under this Act.
2. A Board shall consist of a chairman and such other members as the Administrator thinks fit to appoint, of whom not less than one shall be a woman; and every such member shall be vested with the powers of a magistrate under the ¹[Code of Criminal Procedure, 1973 (2 of 1974 )].
3. The Board shall function as a Bench of magistrates and shall have the powers conferred by the ²[Code of Criminal Procedure, 1973 (2 of 1974 ), on a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of the first class].

5. Children' s courts.

1. Notwithstanding anything contained in the ¹[Code of Criminal procedure, 1973 (2 of 1974 )], the Administrator may, by notification in the Official Gazette, constitute for any area specified in the notification, one or more children' s courts for exercising the powers and discharging the duties conferred or imposed on such court in relation to delinquent children under this Act.
2. ³[a children's court shall consist of such number of Metropolitan Magistrates or Judicial Magistrates of the first class, as the case may be, forming a Bench as the Administrator thinks fit to appoint, of whom one shall be designated as the principal magistrate; and every such Bench shall have the powers conferred by the Code of Criminal Procedure, 1973 (2 of 1974 ), on a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of the first class.
3. Every children' s court shall be assisted by a panel of two honorary social workers possessing such qualifications as may be prescribed, of whom at least one shall be a woman, and such panel shall be appointed by the Administrator.]

1. Subs. by Act 15 of 1978, s. 2, for" Code of Criminal Procedure, 1898" (5 of 1898 ). 2. Subs. by s. 4, ibid., for certain words. 3. Subs. by s. 5, ibid., for the former sub- section.

6.  Procedure, etc., in relation to Boards and children' s courts.

1. In the event of any difference of opinion among the members of a Board or among the magistrates of a children' s court, the opinion of the majority shall prevail, but where there is no such majority, the opinion of the chairman or of the ¹[principal magistrate], as the case may be, shall prevail.
2. A Board or children' s court may act notwithstanding the absence of any member of the Board or, as the case may be, any magistrate of the children' s court, and no order made by the Board or children' s court shall be invalid by reason only of the absence of any member or magistrate, as the case may be, during any stage of the proceeding.
3. No person shall be appointed as a member of the Board or as a magistrate in the children' s court unless he has, in the opinion of the Administrator, special knowledge of child psychology and child welfare.

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7. Power of Board and children' s court.

1. Where a Board or a children' s court has been constituted for any area, such Board or court shall, notwithstanding anything contained in any other law for the time being in force but save as otherwise expressly provided in this Act, have power to deal exclusively with all proceedings under this Act relating to neglected children or delinquent children, as the case may be:

   ²[Provided that a Board or a children' s court may, if it is of opinion that it is necessary so to do having regard to the circumstances of the case, transfer any proceedings to any children' s court or Board, as the case may be:

   Provided further that where there is any difference of opinion between a Board and a children' s court regarding the transfer of any proceedings under the first proviso, it shall be referred to the Chief Metropolitan Magistrate or, as the case may be, the Chief Judicial Magistrate for decision, and in a case where the District Magistrate is functioning as a Board or a children' s court, such difference of opinion shall be referred to the Court of Session, and the decision of the Chief Metropolitan Magistrate or Chief Judicial Magistrate or, as the case may be, the Court of Session on such reference shall be final.]

2. Where no Board or children' s court has been constituted for any area, the powers conferred on the Board or the children' s court by or under this Act shall be exercised in that area, only by the following, namely:--
   1. the district magistrate: or
   2. the sub- divisional magistrate: or
   3. ³[any metropolitan Magistrate or Judicial Magistrate of the first class, as the case may be.]
   1. Subs. by Act 15 of 1978, s. 6, for" senior magistrate". 2. Added by s. 7, ibid. 3. Subs. by s. 7, ibid., for the original clause.
3. The powers conferred on the Board or children' s court by or under this Act may also be exercised by the High Court and the court of session, when the proceeding comes before them in appeal, revision or otherwise.

8. Procedure to be followed by a magistrate not empowered under the Act.

1. When any magistrate not empowered to exercise the powers of a Board or a children' s court under this Act is of opinion that a person brought before him under any of the provisions of this Act (otherwise than for the purpose of giving evidence) is a child, he shall record such opinion and forward the child and the record of the proceeding to the competent authority having jurisdiction over the proceeding.
2. The competent authority to which the proceeding is forwarded under sub- section (1) shall hold the inquiry as if the child had originally been brought before it.

9. Children' s homes.

1. The Administrator may establish and maintain as many children' s homes as may be necessary for the reception of neglected children under this Act.
2. Where the Administrator is of opinion that any institution other than an institution established under sub- section (1) is fit for the reception of the neglected children to be sent there under this Act, he may certify such institution as a children' s home for the purposes of this Act.
3. Every children' s home to which a neglected child is sent under this Act shall not only provide the child with accommodation, maintenance and facilities for education, but also provide him with facilities for the development of his character and abilities and give him necessary training for protecting himself against moral dangers or exploitation and shall also perform such other functions as may be prescribed ¹[to ensure all round growth and development of his personality].
4. The Administrator may, by rules made under this Act, provide for the management of children's homes, ²[including the standards and the nature of services to be maintained by them,] and the circumstances under which, and the manner in which, the certificate of a children' s home may be granted or withdrawn.

10. Special schools.

1. The Administrator may establish and maintain as many special schools as may be necessary for the reception of delinquent children under this Act.
   1. Added by Act 15 of 1978, s. 8. 2. Ins. by s. 8, ibid.
2. Where the Administrator is of opinion that any institution other than an institution established under sub- section (1) is fit for the reception of the delinquent children to be sent there under this Act, he may certify such institution as a special school for the purposes of this Act.
3. Every special school to which a delinquent child is sent under this Act shall not only provide the child with accommodation, maintenance and facilities for education but also provide him with facilities for the development of his character and abilities and give him necessary training for his reformation and shall also perform such other functions as may be prescribed ¹[to ensure all round growth and development of his personality].
4. The Administrator may, by rules made under this Act, provide for the management of special schools, ²[including the standards and the nature of services to be maintained by them,] and the circumstances under which, and the manner in which, the certificate of a special school may be granted or withdrawn.

11. Observation homes.

1. The Administrator may establish and maintain as many observation homes as may be necessary for the temporary reception of children during the pendency of any inquiry regarding them under this Act.
2. Where the Administrator is of opinion that any institution other than an institution established under sub- section (1) is fit for the temporary reception of children during the pendency of any inquiry regarding them under this Act, he may recognise such institution as an observation home for the purposes of this Act.
3. Every observation home to which a child is sent under this Act shall not only provide the child with accommodation, maintenance and facilities for medical examination and treatment, but also provide him with facilities for useful occupation.
4. The Administrator may, by rules made under this Act, provide for the management of observation homes³, including the standards and the nature of services to be maintained by them,] and the circumstances under which, and the manner in which, an institution may be recognised as an observation home or the recognition may be withdrawn.

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12. ⁴[After care organisations. The Administrator may, by rules made under this Act, provide--

1. for the establishment or recognition of after- care organisations and the powers that may be exercised by them for effectively carrying out their functions under this Act;
   1. Added by Act 15 of 1978, s. 9. 2. Ins. by s. 9, ibid. 3. Ins. by s. 10, ibid. 4. Subs. by s. 11, ibid., for the original section.
2. for a scheme of after- care programme to be followed by such after- care organisations for the purpose of taking care of children after they leave children' s homes or special schools and for the purpose of enabling them to lead an honest, industrious and useful life.
3. for the preparation and submission of a report by the probation officer in respect of each child prior to his discharge from a children' s home or special school, as the case may be, regarding the necessity and nature of after- care of such child, the period of such after- care, supervision thereof and for the submission of a report by the probation officer on the progress of each such child;
4. for the standards and the nature of services to be maintained by such after- care organisations; for such other matters as may be necessary for the purpose of effectively carrying out the scheme of after- care programme of children.]

CHAP NEGLECTED CHILDREN
CHAPTER III NEGLECTED CHILDREN

13. Production of neglected children before Boards.

1. If any police officer or any other person authorised by the Administrator in this behalf, by general or special order, is of opinion that a person is apparently a neglected child, such police officer or other person may take charge of that person for bringing him before a Board.
2. When information is given to an officer- in- charge of a police station about any neglected child found within the limits of such station, he shall enter in a book to be kept for the purpose the substance of such information and take such action thereon as he deems fit and if such officer does not propose to take charge of the child, he shall forward a copy of the entry made to the Board.
3. Every child taken charge of under sub- section (1) shall be brought before the Board within a period of twenty- four hours of such charge taken excluding the time necessary for the journey from the place where the child had been taken charge of to the Board.
4. Every child taken charge of under sub- section (1) shall, unless he is kept with his parent or guardian, be sent to an observation home (but not to a police station or jail) until he can be brought before a Board

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14. Special Procedure to be followed when neglected child has parent.

1. If a person, who in the opinion of the police officer or the authorised person is a neglected child, has a parent or guardian who has the actual charge of, or control over, the child, the police officer or the authorised person may, instead of taking charge of the child, make a report to the Board for initiating an inquiry regarding that child.
2. On receipt of a report under sub- section (1), the Board may call upon the parent or guardian to produce the child before it and to show cause why the child should not be dealt with as a neglected child under the provisions of this Act and if it appears to the Board that the child is likely to be removed from its jurisdiction or to be concealed, it may immediately order his removal (if necessary by issuing a search warrant for the immediate production of the child) to an observation home ¹[or a place of safety].

15. Inquiry by Board regarding neglected children.

1. When a person alleged to be a neglected child is produced before a Board, it shall examine the police officer or the authorised person who brought the child or made the report and record the substance of such examination and hold the inquiry in the prescribed manner and may make such orders in relation to the child as it may deem fit.
2. Where a Board is satisfied on inquiry that a child is a neglected child and that it is expedient so to deal with him, the Board may make an order directing the child to be sent to a children' s home for the period until he ceases to be a child: Provided that the Board may, for reasons to be recorded, extend the period of such stay, but in no case the period of stay shall extend beyond the time when the child attains the age of eighteen years, in the case of a boy, or twenty years, in the case of a girl: Provided further that the Board may, if it is satisfied that having regard to the circumstances of the case it is expedient so to do, for reasons to be recorded, reduce the period of stay to such period as it thinks fit.
3. During the pendency of any inquiry regarding a child, the child shall, unless he is kept with his parent or guardian, be sent to an observation home ²[or a place of safety] for such period as may be specified in the order of the Board: Provided that no child shall be kept with his parent or guardian if, in the opinion of the Board, such parent or guardian is unfit ²[or unable] to exercise or does not exercise proper care and control over the child.

1. Ins. by Act 15 of 1978, s. 12. 2. Ins. by s. 13, ibid.

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16. Power to commit neglected child to suitable custody.

1. If the Board so thinks fit, it may, instead of making an order under sub- section (2) of section 15 for sending the child to a children' s home, make an order placing the child under the care of a parent, guardian or other fit person, on such parent, guardian or fit person executing a bond with or without surety to be responsible for the good behaviour and well- being of the child and for the observance of such conditions as the Board may think fit to impose.
2. At the time of making an order under sub- section (1) or at any time subsequently, the Board may, in addition, make an order that the child be placed under supervision for any period not exceeding three years in the first instance.
3. Notwithstanding anything contained in sub- section (1) or sub- section (2), if at any time it appears to the Board, on receiving a report from the probation officer or otherwise, that there has been a breach of any of the conditions imposed by it in respect of the child, it may, after making such inquiry as it deems fit, order the child to be sent to a children' s home.

17. Uncontrolable children. Where a parent or guardian of a child complains to the Board that he is not able to exercise proper care and control ove  the child and the Board is satisfied on inquiry that proceedings under this Act should be initiated regarding the child, it may send the child to an observation home ¹[or a place of safety] and make such further inquiry as it may deem fit and the provisions of section 15 and section 16 shall, as far as may be, apply to such proceedings.

CHAP DELINQUENT CHILDREN
CHAPTER IV DELINQUENT CHILDREN

18. Bail and custody of children.

1. When any person accused of a bailable or non- bailable offence and apparently a child is arrested or detained or appears or is brought before a children' s court, such person shall, notwithstanding anything contained in the ²[Code of Criminal Procedure, 1973 (2 of 1974 )], or in any other law for the time being in force, be released on bail with or without surety but he shall not be so released if there appear reasonable grounds for believing that the release is likely to bring him into association with any reputed criminal or expose him to moral danger or that his release would defeat the ends of justice.
   1. Ins. by Act 15 of 1978, s. 12. 2. Subs. by s. 2, ibid., for "Code of Criminal Procedure," 1898.
2. When such person having been arrested is not released on bail under sub- section (1) by the officer- in- charge of the police station, such officer shall cause him to be kept in an observation home ¹[or a place of safety] in the prescribed manner (but not in a police station or jail) until he can be brought before a children' s court.
3. When such person is not released on bail under sub- section (1) by the children' s court, it shall, instead of committing him to prison, make an order sending him to an observation home ¹[or a place of safety] for such period during the pendency of the inquiry regarding him as may be specified in the order.

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19. Information to parent or guardian or probation officer. Where a child is arrested, the officer- in- charge of the police station to which the child is brought shall, as soon as may be after the arrest, inform--

1. the parent or guardian of the child, if he can be found, of such arrest and direct him to be present at the children' s court before which the child will appear; and
2. the probation officer of such arrest in order to enable him to obtain information regarding the antecedents and family history of the child and other material circumstances likely to be of assistance to the children' s court for making the inquiry.

20. Inquiry by children' s court regarding delinquent children. Where a child having been charged with an offence appears or is produced before a children' s court, the children' s court shall hold the inquiry in accordance with the provisions of section 39 and may, subject to the provisions of this Act, make such order in relation to the child as it deems fit.

21. Orders that may be passed regarding delinquent children.

1. Where a children' s court is satisfied on inquiry that a child has committed an offence, then, notwithstanding anything to the contrary contained in any other law for the time being in force, the children' s court may, if it so thinks fit,--
   1. allow the child to go home after advice or admonition;
   2. direct the child to be released on probation of good conduct and placed under the care of any parent, guardian or other fit person on such parent, guardian or other fit person executing a bond, with or without surety as that court may require, for the good behaviour and well- being of the child for any period not exceeding three years;
      1. Ins. by Act 15 of 1978, s. 12.
   3. make an order directing the child to be sent to a special school,--
      1. in the case of a boy over fourteen years of age or of a girl over sixteen years of age, for a period of not less than three years;
      2. in the case of any other child, for the period until he ceases to be a child: Provided that the children' s court may, if it is satisfied that having regard to the nature of the offence and the circumstances of the case it is expedient so to do, for reasons to be recorded, reduce the period of stay to such period as it thinks fit: Provided further that the children' s court may, for reasons to be recorded, extend the period of such stay, but in no case the period of stay shall extend beyond the time when the child attains the age of eighteen years, in the case of a boy, or twenty years, in the case of a girl;
   4. order the child to pay a fine if he is over fourteen years of age and earns money.
2. Where an order under clause (b) or clause (d) of sub- section (1) is made, the children' s court may, if it is of opinion that in the interests of the child and of the public it is expedient so to do, in addition make an order that the delinquent child shall remain under the supervision of a probation officer named in the order during such period, not exceeding three years, as may be specified therein, and may in such supervision order impose such conditions as it deems necessary for the due supervision of the delinquent child: Provided that if at any time afterwards it appears to the children' s court on receiving a report from the probation officer or otherwise, that the delinquent child has not been of good behaviour during the period of supervision, it may, after making such inquiry as it deems fit, order the delinquent child to be sent to a special school.
3. The children' s court making a supervision order under sub- section (2) shall explain to the child and the parent, guardian or other fit person, as the case may be, under whose care the child has been placed, the terms and conditions of the order and shall forthwith furnish one copy of the supervision order to the child, the parent, guardian or other fit person, as the case may be, the surcties, if any, and the probation officer.
4. In determining the special school, or any person to whose custody a child is to be committed or entrusted under this Act, the court shall pay due regard to the religious denomination of the child to ensure that religious instruction contrary to the religious persuasion of the child is not imparted to him.

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22. Orders that may not be passed against delinquent children.

1. Notwithstanding anything to the contrary contained in any other law for the time being in force, no delinquent child shall be sentenced to death or imprisonment, or committed to prison in default of payment of fine or in default of furnishing security: Provided that where a child who has attained the age of fourteen years has committed an offence and the children' s court is satisfied that the offence committed is of so serious a nature or that his conduct and behaviour have been such that it would not be in his interest or in the interest of other children in a special school to send him to such special school and that none of the other measures provided under this Act is suitable or sufficient, the children' s court may order the delinquent child to be kept in safe custody in such place and manner as it thinks fit and shall report the case for the orders of the Administrator.
2. On receipt of a report from a children' s court under sub- section (1), the Administrator may make such arrangement in respect of the child as he deems proper and may order such delinquent child to be detained at such place and on such conditions as he thinks fit: Provided that the period of detention so ordered shall not exceed the maximum period of imprisonment to which the child could have been sentenced for the offence committed.

23. Proceeding under Chapter VIII of the Criminal Procedure Code not competent against child. Notwithstanding anything to the contrary contained in the ¹[Code of Criminal Procedure, 1973 (2 of 1974 )], no proceeding shall be instituted and no order shall be passed against a child under Chapter VIII of the said Code.

24. No joint trial of child and person not a child.

1. Notwithstanding anything contained in ²section 223 of the Code of Criminal procedure, 1973 (2 of 1974 )] or in any other law for the time being in force, no child shall be charged with or tried for, any offence together with a person who is not a child.
   1. Subs. by Act 15 of 1978, s. 2, for" Code of Criminal Procedure, 1898 ". 2. Subs. by s. 14, ibid., for" section 239 of the Code of Criminal procedure, 1898 ".
2. If a child is accused of an offence for which under ¹section 223 of the Code of Criminal Procedure, 1973 (2 of 1974 )], or any other law for the time being in force, such child and any person who is not a child would, but for the prohibition contained in sub- section (1), have been charged and tried together, the court taking cognizance of that offence shall direct separate trials of the child and the other person.

25. Removal of disqualification attaching to conviction. Notwithstanding anything contained in any other law, a child who has committed an offence and has been dealt with under the provisions of this Act shall not suffer disqualification, if any, attaching to a conviction of an offence under such law.

26. Special provision in respect of pending cases. Notwithstanding anything contained in this Act, all proceedings in respect of a child pending in any court in any area on the date on which this Act comes into force in that area, shall be continued in that court as if this Act had not been passed and if the court finds that the child has committed an offence, it shall record such finding and, instead of passing any sentence in respect of the child, forward the child to the children' s court which shall pass orders in respect of that child in accordance with the provisions of this Act as if it had been satisfied on inquiry under this Act that the child has committed the offence.

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CHAP PROCEDURE OF COMPETENT AUTHORITIES GENERALLY AND APPEALS AND REVISIONFROM ORDERS OF SUCH COURTS
CHAPTER V PROCEDURE OF COMPETENT AUTHORITIES GENERALLY AND APPEALS AND REVISION FROM ORDERS OF SUCH COURTS

27. Sittings, etc., of Board and children' s courts.

1. A Board or a children' s court shall hold its sittings at such place, on such day and in such manner, as may be prescribed.
2. A magistrate empowered to exercise the powers of a Board or, as the case may be, a children' s court under sub- section (2) of section 7 shall, case may be, a children' s court under sub- section (2) of section 7 shall, while holding any inquiry regarding a child under this Act, as far as practicable, sit in a building or room different from that in which the ordinary sittings of civil and criminal courts are held, or on different days or at times different from those at which the ordinary sittings of such courts are held.

1. Subs. by Act 15 of 1978, s. 14, for" section 239 of the Code of Criminal Procedure, 1898 ".

28. Persons who may be present before competent authority.

1. Save as provided in this Act, no person shall be present at any sitting of a competent authority, except--
   1. any officer of the competent authority, or
   2. the parties to the inquiry before the competent authority, the parent or guardian of the child and other persons directly concerned in the inquiry including police officers 1 and legal practitioners], and
   3. such other persons as the competent authority may permit to be present.
2. Notwithstanding anything contained in sub- section (1), if at any stage during an inquiry, a competent authority considers it to be expedient in the interest of the child or on grounds of decency or morality that any person including the police officers, legal practitioners, the parent, guardian or the child himself should withdraw, the competent authority may give such direction, and if any person refuses to comply with such direction, the competent authority may have him removed and may, for this purpose, cause to be used such force as may be necessary.
3. ²[(3) No legal practitioner shall be entitled to appear before a Board in any case or proceeding before it, except with the special permission of that Board.]

29. Attendance of parent or guardian of child. Any competent authority before which a child is brought under any of the provisions of this Act may, whenever it so thinks fit, require any parent or guardian having the actual charge of, or control over, the child to be present at any proceeding in respect of the child.

30. Dispensing with attendance of child. If, at any stage during the course of an inquiry, a competent authority is satisfied that the attendance of the child is not essential for the purpose of the inquiry, the competent authority may dispense with his attendance and proceed with the inquiry in the absence of the child.

31. Committal to approved place of child suffering from dangerous disease and its future disposal.

1. When a child who has been brought before a competent authority under this Act is found to be suffering from a disease requiring prolonged medical treatment or physical or mental complaint that will respond to treatment, the competent authority may send the child to any place recognised to be an approved place in accordance with the rules made under this Act for such period as it may think necessary for the required treatment.
2. Where a child is found to be suffering from leprosy or is of unsound mind, he shall be dealt with under the provisions of the Lepers Act, 1898 (3 of 1898) or the Indian Lunacy Act, 1912 (4 of 1912 ), as the case may be.
3. Where a competent authority has taken action under sub- section (1) in the case of a child suffering from an infectious or contagious disease, the competent authority before restoring the said child to his partner in marriage, if there has been such, or to the guardian, as the case may be, shall where it is satisfied that such action will be in the interest of the said child call upon his partner in marriage or the guardian, as the case may be, to satisfy the court by submitting to medical examination that such partner or guardian will not re- infect the child in respect of whom the order has been passed.

1. Ins. by Act 15 of 1978, s. 15. 2. Subs. by s. 15, ibid., for the original sub- section.

32. Presumption and determination of age.

1. Where it appears to a competent authority that a person brought before it under any of the provisions of this Act (otherwise than for the purpose of giving evidence) is a child, the competent authority shall make due inquiry as to the age of that person and for that purpose shall take such evidence as may be necessary and shall record a finding whether the person is a child or not, stating his age as nearly as may be.
2. No order of a competent authority shall be deemed to have become invalid merely by any subsequent proof that the person in respect of whom the order has been made is not a child, and the age recorded by the competent authority to be the age of the person so brought before it shall, for the purposes of this Act, be deemed to be the true age of that person.

(contd---10)

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33. Circumstances to be taken into consideration in making orders under the Act. In making any order in respect of a child under this Act, a competent authority shall take into consideration the following circumstances, namely:--

1. the age of the child;
2. the circumstances in which the child is living;
3. the reports made by the probation officer;
4. the religious persuasion of the child;
5. such other circumstances as may, in the opinion of the competent authority, require to be taken into consideration in the interests of the child:

   Provided that in the case of a delinquent child, the above circumstances shall be taken into consideration after the children' s court has recorded a finding against the child that he has committed the offence:

   Provided further that if no report of the probation officer is received within ten weeks of his being informed under section 19, it shall be open to the children's court to proceed without it.

34. Sending a child outside jurisdiction. In the case of a neglected or delinquent child whose ordinary place of residence lies outside the jurisdiction of the competent authority before which he is brought, the competent authority may, if satisfied after due inquiry that it is expedient so to do, send the child back to a relative or other person who is fit and willing to receive him at his ordinary place of residence and exercise proper care and control over him, notwithstanding that such place of residence is outside the jurisdiction of the competent authority; and the competent authority exercising jurisdiction over the place to which the child is sent shall in respect of any matter arising sub- sequently have the same powers in relation to the child as if the original order had been passed by itself.

35. Reports to be treated as confidential. The report of the probation officer or any circumstance considered by the competent authority under section 33 shall be treated as confidential: Provided that the competent authority may, if it so thinks fit, communicate the substance thereof to the child or his parent or guardian and may give such child, parent or guardian an opportunity of producing such evidence as may be relevant to the matter stated in the report.

36. Prohibition of publication of names, etc., of children involved in any proceeding under the Act.

1. No report in any newspaper, magazine or news sheet of any inquiry regarding a child under this Act shall disclose the name, address or school or any other particulars calculated to lead to the identification of the child, nor shall any picture of any such child be published: Provided that for reasons to be recorded in writing, the authority holding the inquiry may permit such disclosure, if in its opinion such disclosure is in the interest of the child.
2. Any person contravening the provisions of sub- section (1) shall be punishable with fine which may extend to one thousand rupees.

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37. Appeals.

1. Subject to the provisions of this section, any person aggrieved by an order made by a competent authority under this Act may, within thirty days from the date of such order, prefer an appeal to the court of session: Provided that the court of session may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
2. No appeal shall lie from--
   1. any order of acquittal made by the children' s court in respect of a child alleged to have committed an offence; or
   2. any order made by a Board in respect of a finding that a person is not a neglected child.
3. No second appeal shall lie from any order of the court of session passed in appeal under this section.

38. Revision. The High Court may, at any time, either of its own motion or on an application received in this behalf, call for the record of any proceeding in which any competent authority or court of session has passed an order for the purpose of satisfying itself as to the legality or propriety of any such order and may pass such order in relation thereto as it thinks fit: Provided that the High Court shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard.

39. Procedure in inquiries, appeals and revision proceedings.

1. Save as otherwise expressly provided by this Act, a competent authority while holding any inquiry under any of the provisions of this Act, shall follow such procedure as may be prescribed and subject thereto, shall follow, as far as may be, the procedure laid down in the ¹Code of Criminal Procedure, 1973 (2 of 1974 )], for trials in summons cases.
2. Save as otherwise expressly provided by or under this Act, the procedure to be followed in hearing appeals or revision proceeding under this Act shall be, as far as practicable, in accordance with the provisions of the ²Code of Criminal Procedure, 1973 (2 of 1974 )].

40. Power to amend orders.

1. Without prejudice to the provisions for appeal and revision under this Act, any competent authority may, either on its own motion or on an application received in this behalf, amend any order as to the institution to which a child as to be sent or as to the person under as to the institution to which a child is to be sent or as to the person under whose care or supervision as child is to be placed under this Act.
2. Clerical mistakes in orders passed by a competent authority or errors arising therein from any accidental slip or omission may, at any time, be corrected by the competent authority either on its own motion or on an application received in this behalf.

CHAP SPECIAL OFFENCES IN RESPECT OF CHILDREN
CHAPTER VI SPECIAL OFFENCES IN RESPECT OF CHILDREN

41. Punishment for cruelty to child.

1. Whoever, having the actual charge of, or control over, a child, assaults, abandons, exposes or wilfully neglects the child or causes or procures him to be assaulted, abandoned, exposed or neglected in a manner likely to cause such child unnecessary mental and physical suffering shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.
2. No court shall take cognizance of an offence punishable under sub- section (1) unless the complaint is filed with the previous sanction of the Administrator or an officer authorised by him in this behalf.

1. Subs. by Act 15 of 1978, s. 2, for" Code of Criminal Procedure, 1898 ".

(contd---12)

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42. Employment of children for begging.

1. Whoever employs or uses any child for the purposes of begging or causes any child to beg shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
2. Whoever, having the actual charge of, or control over, a child, abets the commission of the offence punishable under sub- section (1), shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
3. The offence punishable under this section shall be congnizable.

43. Penalty for giving intoxicating liquor or dangerous drug to a child. Whoever gives, or causes to be given to any child any intoxicating liquor in a public place or any dangerous drug, except upon the order of a duly qualified medical practitioner or in case of sickness or other urgent cause, shall be punishable with fine which may extend to two hundred rupees.

44. Exploitation of child employees. Whoever ostensibly procures a child for the purpose of any employment and withholds the earnings of the child or uses such earnings for his own purposes shall be punishable with fine which may extend to one thousand rupees.

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CHAP MISCELLANEOUS CHAPTER VII MISCELLANEOUS

45. Power of Administrator to discharge and transfer children.

1. The Administrator may, notwithstanding anything contained in this Act, at any time, order neglected or delinquent child to be discharged from the children' s home or special school, either absolutely or on such conditions as he may think fit to impose.
2. The Administrator may, notwithstanding anything contained in this Act, order--
   1. a neglected child t be transferred from one children' s home to another;
   2. a delinquent child to be transferred from one special school to another or from a special school to a borstal school where such school exists or from a special school to a children' s home;
   3. a child who has been released on licence which has been revoked or forfeited, to be sent to the special school or children' s home from which he was released or to any other children' s home or special school or borstal school: Provided that the total period of the stay of the child in a children' s home or a special school shall not be increased by such transfer.
3. The Administrator may, notwithstanding anything contained in this Act, at any time, discharge a child from the care of any person under whom he was placed under this Act either absolutely or on such conditions as the Administrator may think fit to impose.

46. Transfers between children's homes, etc., under the Act, and children' s homes, etc., of like nature in different parts of India.

1. The Administrator of a Union territory may direct any neglected child or delinquent child to be transferred from any children' s home or special school within the Union territory to any other children' s home, special school or institution of a like nature in any other State with the consent of the Government of that State.
2. The Administrator of a Union territory may, by general or special order, provide for the reception in a children' s home or special school within the Union territory of a neglected child or delinquent child detained in a children' s home or special school or institution of a like nature in any other State where the Government of that State makes an order for such transfer, and upon such transfer the provisions of this Act shall apply to such child as if he had been originally ordered to be sent to such children' s home or special school under this Act.

47. Transfer of children of unsound mind or suffering from leprosy.

1. Where it appears to the Administrator that any child kept in a special school or children' s home in pursuance of this Act is suffering from leprosy or is of unsound mind, the Administrator may order his removal to a leper asylum or mental hospital or other place of safe custody for being kept there for the remainder of the term for which he has to be kept in custody under the orders of the competent authority or for such further period as may be certified by a medical officer to be necessary for the proper treatment of the child.
2. Where it appears to the Administrator that the child is cured of leprosy or of unsoundness of mind, he may, if the child is still liable to be kept in custody, order the person having charge of the child to send him to the special school or children' s home from which he was removed or, if the child is no longer liable to be kept in custody, order him to be discharged.

(contd---14)

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48. Placing out on licence.

1. When a child is kept in a children' s home or special school, the Administrator may, if he so thinks fit, release the child from the children' s home or special school and grant him a written licence for such period and on such conditions as may be specified in the licence permitting him to live with, or under the supervision of, any responsible person named in the licence willing to receive and take charge of him with a view to educate him and train him for some useful trade or calling.
2. Any licence so granted under sub- section (1) shall be in force for the period specified in the licence or until revoked or forfeited by the breach of any of the conditions on whcih it was granted.
3. The Administrator may, at any time, by order in writing revoke any such licence and order the child to return to the children' s home or special school from which he was released or to any other children' s home or special school, and shall do so at the desire of the person with whom or under whose supervision the child has been permitted to live in accordance with a licence granted under sub- section (1).
4. When a licence has been revoked or forfeited and the child refuses or fails to return to the special school or children' s home to which he was directed so to return the Administrator may, if necessary, cause him to be taken charge of and to be taken back to the special school or children's home.
5. The time during which a child is absent from a special school or children' s home in pursuance of a licence granted under this section shall be deemed to be part of the time for which he is liable to be kept in custody in the special school or children' s home: Provided that when a child has failed to return to the special school or children' s home on the licence being revoked or forfeited, the time which elapses after his failure so to return shall be excluded in computing the time during which he is liable to be kept in custody.

49. Provision in respect of escaped children. Notwithstanding anything to the contrary contained in any other law for the time being in force, any police officer may take charge without warrant of a child who has escaped from a special school or a children' s home or from the care of a person under whom he was placed under this Act and shall send the child back to the special school or the children' s home or that person, as the case may be; and no proceeding shall be instituted in respect of the child by reason of such escape but the special school, children' s home or the person may, after giving the information to the competent authority which passed the order in respect of the child, take such steps against the child as may be deemed necessary.

(contd---15)

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50. Contribution by parents.

1. The competent authority which makes an order for sending a neglected child or a delinquent child to a children' s home or a special school or placing the child under the care of a fit person may make an order requiring the parent or other person liable to maintain the child to contribute to his maintenance, if able to do so, in the prescribed manner.
2. The competent authority before making any order under sub- section (1) shall inquire into the circumstances of the parent or other person liable to maintain the child and shall record evidence, if any, in the presence of the parent or such other person, as the case may be.
3. The person liable to maintain a child shall, for the purposes of sub- section (1), include in the case of illegitimacy, his putative father: Provided that where the child is illegitimate and an order for his maintenance has been made under 1 section 125 of the Code of Criminal Procedure, 1973 (2 of 1974 )], the competent authority shall not ordinarily make an order for contribution against the putative father, but may order the whole or any part of the sums accruing due under the said order for maintenance to be paid to such person as may be named by the competent authority and such sum shall be paid by him towards the maintenance of the child.
4. Any order made under this section may be enforced in the same manner as an order under ¹[section 125 of the Code of Criminal procedure, 1973 (2 of 1974 )].

51. Control of custodian over child. Any person in whose custody a child is placed in pursuance of this Act shall, while the order is in force, have the like control over the child as he would have if he were his parent, and shall be responsible for his maintenance, and the child shall continue in his custody for the period stated by the competent authority, notwithstanding that he is claimed by his parent or any other person: Provided that no child while in such custody shall be married except with the permission of the competent authority.

52. Delinquent child undergoing sentence at commencement of the Act. In any area in which this Act is brought into force, the Administrator may direct that a delinquent child who is undergoing any sentence of imprisonment at the commencement of this Act shall, in lieu of undergoing such sentence, be sent to a special school or be kept in safe custody in such place and manner as the Administrator thinks fit, for the remainder of the period of the sentence; and the provisions of this Act shall apply to the child as if he had been ordered by a children' s court to be sent to such special school or, as the case may be, ordered to be detained under sub- section (2) of section 22.

1. Subs. by Act 15 of 1978, s. 16, for" section 488 of the Code of Criminal procedure, 1898 ".

(contd---16)

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53. Appointment of officers.

1. The Administrator may appoint as many probation officers, officers for the inspection of special schools, children' s homes, observation homes or after- care organisations and such other officers as he may deem necessary for carrying out the purposes of this Act.
2. It shall be the duty of the probation officer-
   1. to inquire, in accordance with the direction of a competent authority, into the antecedents and family history of any child accused of an offence, with a view to assist the authority in making the inquiry;
   2. to visit neglected and delinquent children at such intervals as the probation officer may think fit;
   3. to report to the competent authority as to the behaviour of any neglected or delinquent child;
   4. to advise and assist neglected or delinquent children and, if necessary, endeavour to find them suitable employment;
   5. where a neglected or delinquent child is placed under the care of any person on certain conditions, to see whether such conditions are being complied with; and
   6. to perform such other duties as may be prescribed.
3. Any officer empowered in this behalf by the Administrator may enter any special school, children' s home, observation home or after- care organisation and make a complete inspection thereof in all its departments and of all papers, registers and accounts relating thereto and shall submit the report of such inspection to the Administrator.

54. Officers appointed under the Act to be public servants. Probation officers and other officers appointed in pursuance of this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860 ).

55. Procedure in respect of bonds. The provisions of ¹[Chapter XXXIII of the Code of Criminal Procedure, 1973 (2 of 1974 )], shall, as far as may be, apply to bonds taken under this Act.

1. Subs. by Act 15 of 1978, s. 17, for" Chapter XLII of the Code of Criminal Procedure, 1898 ".

(contd---17)

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56. Delegation of powers. The Administrator may, by general or special order, direct that any power exercisable by him under this Act shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercisable also by an officer subordinate to the Administrator.

57. Protection of action taken in good faith. No suit or other legal proceeding shall lie against the Administrator or any probation officer or other officer appointed under this Act in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or orders made thereunder.

58. Act 8 of 1897 and certain provisions of Act 2 of 1974 not to apply.

1. The Reformatory Schools, Act, 1897 (8 of 1897 ), and ¹[section 27 of the Code of Criminal Procedure, 1973 (2 of 1974 )], shall cease to apply to any area in which this Act has been brought into force.
2. The Women' s and Children' s Institutions (Licensing) Act, 1956 (105 of 1956 ), shall not apply to any children' s home, special school or observation home established and maintained under this Act.

59. Power to make rules.

1. The Administrator may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
2. In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
   1. the places at which, the days on which, the time at which, and the manner in which, a competent authority may hold its sittings;
   2. the procedure to be followed by a competent authority in holding inquiries under this Act; and the mode of dealing with children suffering from dangerous diseases or mental complaints;
   3. the circumstances in which, and the conditions subject to which, an institution may be certified as a special school or a children' s home or recognised as an observation home, and the certification or recognition withdrawn;
   4. the internal management of special schools, children' s home and observation homes ²[and the standards and the nature of services to be maintained by them];
   5. the functions and responsibilities of special schools, children' s homes and observation homes;
      1. Subs. by Act 15 of 1978, s. 18, for" section 29B and section 399 of the Code of Criminal Procedure, 1898 ". 2. Added by s. 19, ibid.
   6. the inspection of special schools, children' s homes, observation homes and after- care organisations;
   7. the establishment, management and functions of after- care organisations; the circumstances in which, and the conditions subject to which, an institution may be recognised as an after- care organisation ¹[and such other matters as are referred to in section 12];
   8. the qualifications and duties of probation officers;
   9. the recruitment and training of persons appointed to carry out the purposes of this Act and the terms and conditions of their service;
   10. the conditions subject to which a girl who is a neglected or delinquent child may be escorted from one place to another, and the manner in which a child may be sent outside the jurisdiction of a competent authority;
   11. the manner in which contribution for the maintenance of a child may be ordered to be paid by a parent or guardian;
   12. the conditions under which a child may be placed out on licence and the form and conditions of such licence;
   13. the conditions subject to which children may be placed under the care of any parent, guardian or other ²[fit person or fit institution] under Act and the obligations of such ³[persons or institutions] towards the children so placed;
   14. any other matter which has to be, or may be, prescribed.
3. ⁴[Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to be validity of anything previously done under that rule.]

1. Added by Act 15 of 1978, s. 19. 2. Subs. by s. 19, ibid., for" fit person". 3. Subs. by s. 19, ibid., for" persons". 4. Subs. by s. 19, ibid., for the original sub- section.

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60. Repeal and savings.If, immediately before the date on which this Act comes into force in any area, there is in force in that area, any law corresponding to this Act, that law shall stand repealed on the said date:

Provided that the repeal shall not affect--

1. the previous operation of any law so repealed or anything duly done or suffered thereunder; or
2. any right, privilege obligation or liability acquired, accrued or incurred under any law so repealed; or
3. any penalty, forfeiture or punsishment incurred in respect of any offence committed against any law so repealed; or
4. any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed.

Pages: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18

Telangana (A.P.) Financial Code

76th Independence day

Permission for Underground Laying Optical Fiber Cables (OFC) and Over-ground Infrastructure (Mobile Towers etc)

GOVERNMENT OF TELANGANA
ABSTRACT

Information Technology, Electronics & Communications Department – “Indian Telegraph Right of Way Rules, 2016” notified by the Government of India – Implementation in the State of Telangana – Procedure for grant of “Right of Way (RoW)” - Permission for Underground Laying Optical Fiber Cables (OFC) and Over-ground Infrastructure (Mobile Towers etc) related items – Orders - Issued.

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INFORMATION TECHNOLOGY, ELECTRONICS AND COMMUNICATIONS DEPARTMENT(COMMUNICATIONS WING)

G.O.Ms.No. 2.

Dated: 19-02-2021

Read the following:-

1. G.O.Ms.No.18, ITE&C Department, dt.27.10.2000, Govt. of AP.
2. G.O.Ms.No.46, ITE&C Department, dt. 20.10.2000, Govt. of AP.
3. G.O.Ms.No.334, PR&RD (Pts.IV) Department, dt.09.10.2012, Govt. of AP.
4. G.O.Ms.No.20, ITE&C Department, dt. 26.09.2014.
5. G.O.Ms.No.7 & 8 ITE&C Department, dt. 25-05-2015.
6. G.O.Ms.No.9, ITE&C Department, dt. 25-05-2015.
7. G.O.Ms.No.12, ITE&C Department, dt. 16-09-2015.
8. G.O.Ms.No.96, MA&UD (M1) Department, dt. 05-08-2015.
9. The Indian Telegraph Right of Way Rules 2016, Govt. of India, Gazette Notification No.GSR 1070 [e], dated: 15-11-2016.
10. From the Secy., GoI, Ministry of Communications&Information Tech.,Department of Telecommunications, New Delhi, D.O. Letter No.2-6/20-PolicyI (Vol.VIII) dated: 23-11-2016.
11. G.O.Rt.No.2, ITE&C Department, dt. 23.2.2017.
12. G.O.Ms.No.1, ITE&C Department, dt. 02.03.2017.
13. G.O.Ms.No.52, TR&B (R-1) Department, dt. 04.08.2017.
14. G.O.Ms.No.82, TR&B (R-1) Department, dt. 16.10.2018.
15. G.O.Rt.No.85, ITE&C Department, dt. 15.05.2019.
16. From the MA&UD Dept., U.O. Note No.1828/Plg.III/2020, dt.12.2.2020.
17. Meeting of TS Comprehensive Right of Way Policy, 2020 held on 12.2.2020 in the Chambers of Chief Secretary., Govt. of Telangana.
18. From the TR&B Dept. U.O. Note No. 2696/R.I (I)/2020, Dt.11.05.2020.
19. Department of Telecommunications, Advisory guidelines for State Governments for issue of clearance for installation of Mobile Towers (w.e.f. 01.08.2013).

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ORDER:

The State of Telangana has a vibrant telecom industry and has devised sound Industrial and ICT policies in order to create a promising and healthy environment for Businesses and Service Providers. The Government has been facilitating the establishment of a robust telecommunication infrastructure with adequate bandwidth across the length and breadth of the State. In pursuance of the Indian Telegraph Right of Way Rules, 2016, the following comprehensive guidelines are issued to simplify and streamline the process of giving permissions to install Telegraph infrastructures in Urban and Rural areas of Telangana. This order is intended to supersede any existing Government Orders, Notifications, Circulars, Rules, Regulations, Bye-laws, wherever necessary, regarding obtaining permission from various authorities in Telangana State.Concerned Departments shall issue necessary notification in accordance with this order.

Contd Page.No.2

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2. In reference 9th read above, Department of Information Technology, Electronics and Communication (ITE&C), Government of Telangana, shall be the Nodal Department for the implementation and coordination of this order. The Principal Secretary, ITE&C Department is designated as theNodal Officer for the purpose of preparation of operational guidelines for execution of the said rules in the State of Telangana.

3.Local/ Nodal Authorities designated for various Departments to give permissions for use of the Government and quasi-Government properties are listed in Table-1 of Annexue-1.

4. All permissions related to Right of Way (RoW) shall be granted through an electronic application process with a single online web portal–https://tsrightofway.cgg.gov.in. In reference 9th read above, the rules mandate that every application shall be accompanied with the following charges towards Administrative expenses of examination of application and the proposed work process by the appropriate authorities –

1. INR 1000/- per Kilo meter of Underground infrastructure.
2. INR 10,000/- per application of Overground infrastructure.

The procedure for submitting applications and obligations of Applicants for establishment of various Telecom Infrastructures is detailed in Annexure - A.

5. Definitions: Definitions are included in the APPENDIX.

Telecom Infrastructure means the Overground and Underground telegraph infrastructure as defined in Indian Telegraph Right of Way Rules, 2016 and includes:

1. Optical Fiber Cable – Underground or Overground (Aerial).
2. Mobile Towers – Ground based towers [GBT], Ground Based Masts [GBM], Roof Top towers [RTT] and Roof Top Poles [RTP].
3. Cell on Wheel [CoW].
4. In-Building Solution (IBS)
5. Small Cell and Micro communication equipment (Micro Cell or Pole) or any other appliances, apparatus, etc., necessary for effective establishment and maintenance of Telecom services.

Contd Page.No.3

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6.Permission for Right of Way (RoW) for Underground and Overground Optical Fiber Cable

1. The works of laying optical Fiber cable (Under Ground and Aerial) by the side of the roads and other places are done by the licensee. The Applicant shall have to take prior permission from appropriate authorities for laying optical Fiber along the roads, land, power supply poles, Bridges, etc. under ownership of various Departments / institutions like Roads and Buildings Department, Panchayat Raj, Forest Department, Urban Local Bodies, other authorities under the jurisdiction of State Government, Central Government also from the private owners.
2. All restoration activities shall be undertaken by the respective department. The fees shall include Administrative fees, Restoration charges, and Bank guarantee by the Applicant. The details of the fee structure and restoration guidelines are mentioned in Annexure - 2.
3. No permissions of ROW for Underground Optical Fiber Cable shall be accorded during the monsoon period i.e. between 1st July to 15th September every year. However, in case of any urgency, the restoration charges levied shall be 2.5 times more than the normal charges subject to restoration by Department only.
4. Road cutting permissions shall be accorded for installation through Horizontal Direction Drilling (HDD) method only and the open road cutting method shall not be used in twin cities and Municipal Corporations. In case of rocky terrain, the concerned Department may be approached for providing an alternative option/method.
5. Powers of Nodal Authority to supervise the work
   1. The Nodal Authority may supervise the execution of work to ascertain if the conditions imposed in the grant of permission are observed by the Applicant.
   2. The Nodal Authority may, on the basis of such supervision, impose such other reasonable conditions as it may think fit.
   3. The Nodal Authority comes to the conclusion that the Applicant has willfully violated any of the conditions of grant of permission, It may forfeit in full or in part, the Bank guarantee submitted by the Applicant and withdraw the permission granted to the Applicant, for reasons to be recorded in writing. Provided that no action shall be taken under this subrule unless the Applicant has been given an opportunity of being heard.
6. The Government is of the view that the Poles and Overground Optical Fiber Cables become an impediment to traffic and vehicular movement. The erection of unauthorized poles also eats into footpath spaces. All attempts must thus be made by the Applicant to undertake OFC laying activities through underground.
7. In exceptional cases, where the operator feels that underground OFC laying would not be possible, the reasons for the same must be submitted to the respective nodal authority. These reasons shall be assessed by the nodal authority, who shall take a decision on whether such over-ground activities, exceptional in nature, shall be permitted or not.
8. The One-time Permission and Annual rental fee structure for existing Overground OFCs is attached in Annexure- 2.

Contd Page.No.4

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7. Permission for Mobile Towers

1. Mobile Towers shall include Ground Based Towers(GBT), Ground Based Masts (GBM), Roof Top Towers (RTT) and Roof Top Poles (RTP).
2. The G.O. 5th read above mentions the details of maximum space allotted for the installation of Telecom Infrastructure Towers (TIT) subject to the designs and drawings, and the fee structure of TIT in urban and rural areas. These details and fee structure are mentioned in Annexure - 3.
3. Government in an earlier order (G.O 6th read above), had allowed for advance possession of Government and Quasi-Government sites on nonexclusive basis to any licensed Telecom operator pending approval of the feasibility and other Departmental procedures.

8. EMF Radiation and Permissible locations for erection of Telecom Infrastructure Towers

1. Electric and Magnetic Fields (EMFs) are invisible areas of energy, often referred to as radiation, that are associated with the use of electrical power and various forms of natural and man-made lighting.
2. In reference 19th read above, the allowable levels of EMF Radiation are prescribed. The norms and mechanisms laid by DoT, GOI modified from time to time regarding the levels and limitations of EMF Radiation are to be strictly followed by various Operators. The Applicant shall submit an undertaking in this regard along with the application and also get clearances from SCAFA wherever applicable.
3. In today’s digital age, communication and internet connectivity have become essential for public utility services and mobile communication towers are now considered as critical infrastructure. Hence, the Government is of the opinion that there shall be no blanket restriction on the locations for erection of towers, unless restricted by an order of Authority/ Court of law.
4. However, both the Government and service providers in the past experiences have realised that close proximity of the towers to certain sensitive infrastructures such as – high density residential areas, schools, playgrounds and hospitals -have been resisted by the civil society, and can also result in a potential law and order situation. In case the issue is not getting resolved, the District Nodal Officer ie., Additional Collector (Local Body), the Dispute Resolution Officer (DRO) at State Level can intervene.
5. Efforts must be made by the Applicants to avoid erection of Mobile towers in close proximity to such sensitive infrastructures. However, in unavoidable circumstances, the Applicant shall first build consensus among various stakeholders involved by taking responsibility to educate and spread community awareness about the safety protocols and standards regarding radiation levels, and only then, go ahead to erect telecom infrastructures. A resolution regarding the consensus of various stakeholders must also be submitted to the local authority.
6. Certain critical infrastructures such as – Airport, Defence Establishments, Railway and Electric Lines, Water Bodies, Oil/ Gas pipelines and Heritage Structures etc. – have been identified. In cases where mobile towers have to be erected in close proximity of these infrastructures, regular restrictions as per established practices shall continue. These are mentioned in Annexure - 5.
7. The Applicant should endeavour to communicate to the public about its responsibilities, address the misconceptions and spread awareness about the EMF Radiations. Installation of Digital Display Boards to show the current EMF Radiation and prescribed limitation can also be put up by the Applicant at prominent place in order to spread awareness.
8. The Government and service providers shall together endeavour to hold Community awareness programmes, drives and initiatives to address the misconceptions regarding EMF radiations amongst the public. These programmes shall also be a subject of continuous review at STC meetings.

Contd Page.No.5

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9. Permission for Small Cell, Micro Cell and Micro-Communication equipment

1. The one-time charges (G.O. 5th read above) fixed for erection of small cells in Gram Panchayats, Urban Local bodies and other public areas in the state are mentioned. These charges are listed in Annexure - 4.
2. Installation of Micro Communication Equipment/Pole shall be promoted where erection of Mobile towers may not be feasible. Micro Communications Equipment, because of their size, can be installed on any type of land/ building/zone across the State regardless of its specified land use including but not limited to the premises of:
   1. Institutional / Government buildings / residential buildings including Multi Story Buildings / Group Housing Complexes / building used for industrial and commercial purposes.
   2. On street electric poles, telegraph poles and other structures. The one-time charges applicable for establishing small cells shall also be applicable for Micro Communications equipment.

10. Details for promotion of In-Building Solutions (IBS)

1. For deploying In-Building Solutions where there is a poor connectivity in terms of weak signal strength inside the office, shopping mall, hospitals, multi-story building, education institutions etc., companies and Applicant will be requiring permissions from the building owners. Moreover, if these companies or Applicants are required to install optical fibre for connecting IBS/DAS nodes for which RoW permissions will be required, they shall be granted accordingly.
2. In Build Solution Component being 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. However, permission from the Administrative Authority of the concerned building shall be acquired.
3. There shall be no fee to be charged for In-building solution (IBS). However, in Government buildings, charges can be levied for provision of power, fixtures, etc. if taken by the TSP/IP.

11. Details for promotion of free Wi-Fi Services G.O. 12th read above mentions that Carrier Grade free Wi-Fi Services are to be promoted in and around Hyderabad Metro Area under Digital Telangana initiative. These details and fee structure for the same are attached in Annexure - 4.

Contd Page.No.6

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12. Cell on Wheels (CoW)

1. Formal clearance or permit is not required for installation of Cell on Wheels for specific purposes to provide good quality mobile coverage during important events and festivals such as Bathukamma, Samakka Sarakka, Bonalu, Nagoba Jatara (Komaram Bheem Asifabad district), Trade fair, etc.In case of public issue or operational issue, the TSP/IP/Licensee has to forcibly remove the existing towers. In such situation COW deployment will be allowed to provide network connectivity to the public.
2. The Cell on Wheels can be placed for a maximum 30 days without the permission of Local Authority. In case the deployment is for a greater duration, due to any reason, the permission from concerned Local Authority is required for a period not exceeding 90 days. In case of environment issues, the TSP/IP/Licensee will face difficulty to construct permanent tower. In such situation deployment of COW will be a good option to provide network connectivity. In such case normal process as per the G.O. to be taken up by the applicant.
3. Before installation of CoW, prior formal intimation to the following authorities within its jurisdiction shall be given 15 days before the installation of COW mentioning Geo coordinate (Lat-Long) positions:
   • District Collector and Commissioner of Police/ Superintendent of Police of the concerned District.
   • Concerned Officer-in-charge of the police station of the area where the COW is going to be installed.
   • In case of emergency / disaster situations, formal intimation on installation of COW, can be given to the concerned authorities after the installation.
4. No fee shall be charged for installation of Cell on Wheels.

Contd Page.No.7

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13. Government had constituted a State Level Telecom Committee (STC) (G.O. 11th read above) in order to effectively address Public grievances relating to Mobile Tower Installations and issues related to Telecom Infrastructure.

Role of STC

1. A State Level Telecom Committee (STC) is constituted in order to effectively address Public grievances relating to Mobile Tower Installations and issues related to Telecom Infrastructure.
2. The recommendations of STC shall be adhered to by Municipal Corporation/ Municipality/ Mandals/ Gram Panchayat or any other authority mentioned as Local Authority.
3. STC shall approve the State Action Plan after reviewing and can suggest changes if required.
4. The Principal Secretary, ITE&C Department, Govt. of Telangana is nominated as Dispute Resolution officer for the Telangana state.
5. The Convener of the STC shall arrange a monthly meeting on 28th of every month for resolving the disputes.

The revised composition and role of the committee is herein mentioned:–

1	Chief Secretary	Chairman
2	Secretary, ITE&C	Convener
3	Spl. CS / Prl. Secy. / Secretary from i. T,R&B ii. MA&UD iii. Panchayat Raj iv. Energy	Members (4)
4	DoT LSA Unit	Member
5	State Head of BSNL	Member
6	State Head of each Telecom Service provider/ Infrastructure provider	Member
7	Telecom Association Representatives (1 each)	Members (2)
8	Academic Domain experts	Member

Academic Domain experts as a member of the committee shall be nominated by the Chairman of the committee.

14. Government is giving special attention in setting up Telecommunication infrastructure in LWE districts. All authorities, as a priority, must ensure that norms of this order are complied with in LWE Districts and timelines must be further reduced wherever possible. A Committee has been constituted (G.O. 15th read above) for monitoring and resolving implementation issues for the LWE (Left Wing Extremism) for Mobile Towers Projects.

The composition of the committee is as mentioned –

Chief Secretary	Chairman
CCLA	Member
Principal Secretary, Revenue	Member
Secretary, ITE&C	Member
Representatives MHA, GOI	Member
Principal Secretary, HOME	Member and Convener
CCA, DOT	Member
DDG, LSA Unit, DOT	Member and Convener

Contd Page.No.8

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15. Deemed approval

The Right of Way permissions through the web portal are expected within Twenty One days (21), from the date of application, the nodal authority shall -

1. grant of 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 charges.
2. 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 under (a) or reject the application under (b); and the same shall be communicated in writing to the applicant not later than five working days after permission is deemed to have been granted.

16. Right of Local Authority to seek removal of Mobile Towers and OFC and other related Telecom Infrastructure

1. Where the appropriate authority, having regard to circumstances which have arisen since the establishment of any telegraph infrastructure under, over,across, in or upon, any immovable property vested in or under its control or management of that appropriate authority, that is necessary and expedient to remove or alter such telegraph infrastructure, it shall issue a notice to the Applicant, being the owner of such telegraph infrastructure to remove or alter its location.
2. On receipt of the notice, the Applicant shall, forthwith and within a period of (30) days, proceed to submit, to the appropriate authority, a detailed plan for removal or alteration of such telegraph infrastructure.
3. The appropriate/Local Authority shall, after examination of the detailed plan submitted by the Applicant, 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, provide reasonable time to the Applicant 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 Applicant.

17. Resolution of disputes

1. The Principal Secretary, ITE&C Department, Government of Telangana is nominated as the Dispute Resolution Officer (DRO) for the State of Telangana.
2. The Additional Collector (Local Body) is nominated as the Nodal officer for the District.
3. Any person aggrieved by the decision of local/ nodal authorities or any order of the State Government or for such other grievances related to Telecom Infrastructure in the District, may approach the District Nodal Officer ie. additional Collector (LB), who shall be the First Appellate Authority.
4. Any person aggrieved by the decision of local/ nodal authorities or any order of the State Government or for such other grievances related to Telecom Infrastructure in the State, may approach the DRO, who shall be the Second Appellate Authority.
5. Any person aggrieved by the decision of DRO, may approach the State Telecom Committee (STC), which shall be the Third Appellate Authority.
6. The DRO shall determine the disputes within a period not exceeding 30 days from the date of reference from the Nodal authority, in such manner as may be specified by the Central Government from time to time.vii. The STC shall determine the disputes within a period not exceeding 60 days from the date of reference from DRO, in such manner as may be specified by the Central Government from time to time.

18. This order shall be suitably adjusted to accommodate changes that may be necessitated on account of any technology or regulatory changes which may be introduced by the Department of Telecommunications, Government of India or any other Competent Authority in order to keep these guidelines dynamically responsive to changing technology, regulatory regime or any other unforeseen development.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF TELANGANA)

JAYESH RANJAN

PRINCIPAL SECRETARY TO GOVERNMENT

To
All Departments of Secretariat.
All the HODs in the State.
All the District Collectors.
All the Commissioner of Police/ Superintendent of Police
The Principal Secretary to Govt., I&C/PR&RD/MA&UD/TR&B/Energy.
Copy to:
The PS to Secy. to CM, CMO.
The PS to Minster (IT, MA&UD).
SF/SC.

// FORWARDED : : BY ORDER //

SECTION OFFICER

Contd.Page.No.9

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Annexure – 1

(to G.O.Ms.No.2, ITE&C Dept., Dt.19.02.2021)

1. Local/ Nodal Authorities of Various Departments

Area	Department	Local/Nodal Authorities
Municipal Corporation	MA & UD	Municipal Commissioner
Municipalities	MA & UD	Municipal Commissioner
Mandal	Panchayat Raj	MPDO
Gram Panchayat	Panchayat Raj	Panchayat Secretaries
Government Building or Property	Respective Government Departments	Head of the Office
Overhead electric alignment (Poles etc)	TSSPDCL, TSNPDCL	Respective Superintendent Engineer / Executive Engineers of areas of jurisdiction.
Forest Lands	Forest Department	Forest Divisional Officer
District HQRS	Revenue Department	District Collector/ Addl.Collector/DRO

1. Role of Local Authorities
   1. Respective Local Authorities will check the documents submitted by the Applicants which were verified online by the respective authorities. Local Authorities will check the copy of the Administrative fees which were already paid by the Applicants for establishment of Telecom Infrastructures.
   2. Respective Local Authorities will scrutinize the application to check the compliances requirements as per this order and Communicate to the Applicant about any further requirement.
   3. The concerned Local Authority shall issue the permit within the specified time frame.

*****

Contd.Page.10

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Annexure – 2
(to G.O.Ms.No.2, ITE&C Dept., Dt.19.02.2021)

1. Fees of Underground OFC

1. Every application shall be accompanied with the following charges towards Administrative expenses of examination of application and the proposed work process by the appropriate authorities – INR 1000/- per Kilo meter of Underground infrastructure.
2. The following Road cutting charges/ Restoration charges for Underground Installation of Optical Fiber Cable (OFC) are envisaged (G.O 13th and 14th read above) –

S.No.	Type of Road	Charges
1	CC Roads	INR	1844 / Rmt
2	BT Roads	INR	2275 /Rmt
3	Foot paths	INR	799 / Rmt
4	Berm / WBM	INR	285 / Rmt
5	Beyond Toe of embankment for Rural areas	INR	156 / Rmt
6	Beyond Toe of embankment for Urban areas	INR	195 / Rmt
7	Micro Trenching Technology for depth of 600 mm, 50 mm,width and install 3 to 4 ducts of 40 mm dia.	INR	50 / Rmt
8	On Berm & Earthen Road formation for each pit of size (2mx1mx2m) (HDD)	INR 595 / pit (within and beyond Municipal limits)
9	On Bitminous / cement concrete Road for each pit of size (2mx1mx2m) (HDD)	INR 11,571 / pit (within GHMC and Municipal limits) INR 10,737 / pit (Beyond Municipal limits)



3. The above fees are exclusive of GST and Centage charges. Centage charges @ 16.5% and GST @ 18% on Road cutting charges + Centage charges will be added extra on the amount of Road cutting charges. The restoration works will be carried out entirely by the Department concerned.
4. No ROW permissions shall be accorded during Monsoon period of each year i.e. 1st July to 15th September. However, in case of any urgency, the restoration charges levied shall be 2.5 times more than the normal charges subject to restoration by Department only.
5. The Applicant shall make the payment of expenses as determined by the Appropriate Authority within a period of thirty (30) days from the date of Demand Note, 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 on an application made by the Applicant seeking such extension.
6. Appropriate authority should provide all the information regarding underground utilities including Telegraph Infrastructure so that damage ofutilities can be avoided.
7. The Applicant shall ensure that -
   1. Prior to the commencement of work of laying the underground telegraph infrastructure and at all times during the extension of work, the measures to mitigate public inconvenience and provide for public safety are implemented.
   2. The work of laying the underground telegraph infrastructure is carried out in accordance with the conditions specified in the grant of permission by the Appropriate Authority.
8. The Applicant 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. The applicant has to submit proper documentation like As Built Drawing (ABDs), Single Line Diagram (SLDs) including Geo-Coordinates (Latitude & Longitude) data for clarity of UG cables.

2. Fees of Overground (Aerial) OFC and Poles

Applicant shall pay the following One-Time Permission Charge and annual Rental fee for infrastructure of Aerial Optical Fiber Cable –

S. No.	Particulars	Fees (Rs)
1	Permission Charge for the route (subject to limitation of one jurisdiction)	Rs 5,000/-
2	Rental per Pole per year	Rs 240 for Urban areas Rs.180 for Rural areas

****

Contd.Page.11

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Annexure – 3
(to G.O.Ms.No.2, ITE&C Dept., Dt.19.02.2021)

1. Mobile Tower Dimensions

In reference G.O. 5th read above, Government has given dimensions for setting up of base stations and installation of equipment for Telecommunication networks.Leasing of space in Government offices on non-exclusive basis. The maximum space allotted for the installation of telecom towers (GBMs / GBTs) subject to the designs and drawings as per the IS Code procedures.

S.No.	Description	Dimensions
1	For GBTs of height	12.00 Mts x 12.00 Mts
2	For GBMs of height	6.00 Mts x 6.00 Mts
3	Roof top base station	Up to 500 sft

2. Fees for Installation of Mobile Towers in Municipalities

In reference G.O. 8th read above, Government has specified the following fees for installation of Mobile Towers in Municipalities –

.

S. No.	Grade of the Urban Local Body	Amount per each application (TIT) (in Rs.)
1	All Corporations	1,00,000
2	Selection, Special & First Grade	75,000/-
3	Second & Third Grade	50,000
4	Nagar Panchayats	30,000

3. Fees for Installation of Mobile Towers in Rural areas

The installation and license renewal fee structure for Erection of Telecom Mobile Towers in Gram panchayat is specified in reference G.O. 3rd read above, as follows:-

S.No.	Category	Fee to be levied by Gram Panchayat
1	Cell tower installation fee (one time) a) Ground based towers b) Roof top towers	Rs. 15,000/- Rs. 12,000/-
2	License renewal fee (Annual) for Land based / Roof Top towers	Rs. 1,000/-

Apart from the installation and license fee levied by the Gram Panchayat, the Applicant will pay lease rent to the owner of land/building on which the structure will be put at a negotiated rate.

4.  In reference 8th read above, the rules mandate that every application shall be accompanied with the following charges towards Administrative expenses of examination of application and the proposed work process by the appropriate authorities – INR 10,000/- per application of Overground infrastructure.

5. In reference G.O. 6th read above, orders were given to all the District Collectors for advance possession of Government sites and quasi Government sites on non-exclusive basis pending approval of the feasibility and other Departmental procedure. Advance possession will help the operator/applicant for installation of Telecom infrastructure in the Government premises.

6. Restrictions to erect Telecommunications Infrastructure Towers

1. In reference G.O. 8th read above, comprehensive guidelines for installation and restrictions to erect new Telecom Infrastructure Towers are mentioned.
2. In reference G.O. 3rd read above, under clause 3, certain norms and imposition of restrictions for issuing licenses for Telecom Infrastructure Towers in Gram Panchayats are specified.

7. All charges mentioned are exclusive of GST.

****

Contd.Page.12

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Annexure – 4
(to G.O.Ms.No.2, ITE&C Dept., Dt.19.02.2021)

1. In reference 5th read above, One time charges are fixed for 4G expansion in Telangana state viz. the erection of Small Cells in Gram Panchayats, ULBs in the State and other public areas. The charges are exclusive of GST: –

S.No.	Grade of the Urban Local Body	Amount (in Rs.)
1	Municipal Corporations / Selection Grade /Special Grade Municipalities	12,000/- per unit
2	First / Second /Third Grade Municipalities and Nagar Panchayats	8,000/- per unit
3	All Gram Panchayats	3000/- per unit

2. The one-time charges applicable for establishing Small Cells shall also be applicable for Micro Communications equipment.

3. In the G.O. reference 12th read above, order was issued to promote carrier grade free Wi-Fi services in and around Hyderabad Metro Area. The details are as follows -

1. To provide Free Wi-Fi services to all the Citizens, Tourists and Visitors.
2. Mobile Network facilitating faster and convenient information searches, and social use of Internet to keep pace with today’s knowledge Societies.
3. To bridge the Digital Divide.
4. The Service Providers shall be liable to pay the charges for Underground (ROW and Restoration) Fiber Cable laying rates



S. No.	Type of Road	Charges
1	CC Roads	INR 600 / Mtr.
2	BT Roads	INR 600 / Mtr.
3	Foot paths	INR 300 / Mtr.
4	Berm / WBM	Free of cost



5. A rent of INR 500/- per month per pole which is payable by the Service Provider(s), which includes Right of Way (ROW) on Overground fiber and permission to use the Pole for other Wireless backhaul equipment, shall be applicable. In case of no equipment installation is required on a Pole, the Service Provider(s) shall be charged INR 50/- per month for Pole.
6. Permissions to Service Providers may be accorded for free use of the site location to set up Wi-Fi Hotspots at the Government Owned buildings like Courts, Hospitals & Educational institutions by the respective departments within Hyderabad city under a single window desk at GHMC for free access for all state owned buildings and establishment for installing and maintaining Wi-Fi equipment at different locations. The service providers should provide free access for Wi-Fi for the building owning Department.
7. The Advertisement subsidy shall be provided in the form of free provision for installation of not more than two points of advertising in the radius of Wi-Fi Hotspots operated by the Service Provider(s). The advertisement should be a co-branding model displaying logs of Government of Telangana, the site owner (i.e. GHMC, HMDA & HGCL etc.) and the service provider(s). These should only be in the form of message boards, and not advertisement hoardings.

****

Contd.Page. 13.

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Annexure - 5
(to G.O.Ms.No.2, ITE&C Dept., Dt.19.02.2021)

Restrictions to erect Telecommunication Infrastructure Towers:

1. Water Bodies:

1. No building or TIT shall be allotted in the bed of water bodies like River or Nala and in the Full Tank level (FTL) of any lake, pond, cheruvu or Kunta / Shikam lands. Unless and otherwise stated, the area and the Full Tank Level (FTL) of a Lake / Kunta shall be reckoned as measured and as certificated by the Irrigation Department and Revenue Department.
2. No building or TIT shall be carried out within:
1. 100m from the boundary of the River outside the Municipal Corporations / Municipality / Nagara Panchayat limits and 50m within the Municipal Corporation / Municipality / Nagara Panchayat limits. The boundary of the River shall be as fixed and certified by the Irrigation and Revenue departments.
2. 30m from the FTL boundary of Lake / Tank / Kunta of area 10Ha and above.
3. 9m from FTL boundary of Lakes/Tanks/Kuntas of area less than 10Ha/shikam lands.
4. 9m from defined boundary of Canal / Vagu/ Nala/ Storm water drain width of 10m.
5. 2m from defined boundary of Canal/ Vagu/ Nala/ storm water drain width up to 10m.
6. In all Parks, Playgrounds and Public Open Spaces.

2. Railways: The distance between the Railway property Boundary and the TIT shall be 30m as per Indian Railways Works Manual or as per No Objection Certificate (NOC) given by the Railway Authorities.

3. Electrical Lines: The distance of Tower from electric line or pole or tower thereof shall not be less than height of the tower plus requisite safety distance from respective high tension or low tension line ie., a minimum safety distance (both vertical and horizontal) of 3m shall be maintained between the building / TIT and the High Tension Electricity lines and 1.5m shall be maintained between the building/TIT and the Low Tension Electricity lines.

Contd.Page.14

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4. AIRPORT:

1. Within the Restricted Zone /Air funnel zone near the airport, necessary clearance from the concerned Air Traffic Controller, Airport Authority shall be obtained.
2. The building /TIT heights and other parameters shall be regulated as per the stipulations of the Airport Authority of India as notified in Gazette of India Extraordinary(S.O.1589) dated: 30.06.2008 and as amended from time to time by Ministry of Civil Aviation, Government of India.
3. Irrespective of their distance from the Aerodrome, even beyond 22km limit from the Aerodrome Reference point, no radio masts or similar installation exceeding 152m in height shall be erected except with the prior clearance from civil aviation authorities.
4. In respect of any land located within 1000m from the boundary of Military Airport no building/TIT is allowed except with prior clearance from the concerned AIR Traffic Controller, Airport Authority with regard to building height permissible and safe distance to be maintained between the building/TIT and boundary of the Aerodrome.

5. Defence Establishments:

In case of sites within 500 m distance from the boundary of Defence Areas Military establishments’ prior clearance of Defence Authority shall be obtained by the service providers.

6. OIL / GAS Pipelines:

In case of sites in the vicinity of Oil/ GAS pipelines, clearance distance and other stipulations of the Respective authority shall be compiled with. The Oil/Gas Authorities shall also specify the clearances required stretch wise to Local body.

****

Contd.Page. 15.

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Annexure–A
(to G.O.Ms.No.2, ITE&C Dept., Dt.19.02.2021)

A. Procedure for submitting application for establishment of Mobile Tower

1. The Applicant shall apply through the Online portal and upload all documents. NODAL Authorities will forward the application to the concerned authorities. The Concerned authority which includes Roads & Buildings, Municipal Corporation, Municipality, Mandal, Gram Panchayat etc will scrutinize the applications for issue of permit though the portal for establishment of Telecom Infrastructure relating to the Mobile Towers such as the Ground base towers [GBT], Roof Top towers [RTT] and Roof Top Poles [RTP].
2. Upon receipt of application through Nodal Department, respective local authorities will scrutinize the application to check the compliances requirements as per this policy and any communication to the Applicant about any further requirement in compliances for the issue of permission.

Application Submission

1. The applicant shall submit a copy of the application with all the relevant information mentioned in the specified form to the local authority for the area in which they want to install mobile tower. Following Information and supporting documents are required to be attached along with the applications for establishment of mobile tower:
1. A copy of the Registration Certificate/License granted by the Department of Telecommunication:
2. Data Sheet :
   1. Name of the Applicant Company i.e., IP/Licensee etc, as the case may be.
   2. Tower Type: GBT, or RTT or RTP
   3. The location and latitude and longitude of Tower.
   4. The extent of land required for establishment of Mobile Tower, if the same is with respect to Government land.
   5. The details of the building or structure, where the establishment of the Mobile Tower infrastructure, is proposed.
   6. The names and contact details of the employees of the Applicant for purposes of Communication in regard to the application made.
3. Copy of the structural Stability certificate for Roof-Top Towers and the certificate should be from any Authorized Structural Engineer of any of the following: The State R&B department/Local Bodies/IITs/NITs, State Government Engineering (Civil) Colleges or any other agency authorized from time to time.
4. Drawing of the Tower with complete details including the specifications of foundations and design parameters.
5. Indemnity Bond (Original) to take care of any loss or injury to accident caused by the Tower apart of the reasons of FORCE-MAJURE.
6. Three Copies of Location plan, Site Plan, Elevation and Structure Plan.
7. Copy of NOC from building/ land owner which Mobile Tower is proposed to be installed and authorized person in case of Government Premises.
8. Any other matter relevant, in the opinion of the Applicant, connected with related to the work proposed to be undertaken; and
2. If the application is not complete, the Applicant may be given opportunity to submit revised application or document(s), rectifying the defects within 15 days and the competent authority may accept the revised application.
3. If the local authority rejects the application, the reasons for the rejection should be intimated to the applicant in writing within 7 days of submitting the application.
4. However, no application shall be rejected unless the applicant has been given an opportunity of being heard on the reasons for such rejection. If there are no reasons to reject an application, the concerned Authority will issue a permit for the Mobile Tower within 60 days of the day of making the application or revised application or documents, as the case may be.
5. In case of rejection of application or delay in giving permission, the Applicant (TSP/IP etc) may prefer an Appeal to the District Nodal Officer (First Appellate Authority) within 15 days of such rejection. If the Applicant (TSP/IP etc) is not convinced with the decision of the District Nodal Officer (First Appellate Authority), they may prefer an appeal before the Dispute Resolution Officer (Second Appellate Authority) within 30 days of such decision of Dispute Resolution Officer (Second Appellate Authority) . If the Applicant (TSP/IP etc) is not convinced with the decision of the Dispute Resolution Officer(DRO), they may prefer an appeal before the State Telecom Committee(STC) (Third Appellate Authority) within 30 days of such decision of Dispute Resolution Officer(DRO) and the decision of STC is final and binding on the applicant.
6. The permission / permit issued to any Applicant shall be co-terminus with validity of License issued to Telecom Service Provider/Registration certificate issued to DoT Licensee.

Contd.Page.16.

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B. Permission for Right of Way (RoW) for Under-ground Optical Fiber Cable

An Applicant shall, for the purposes of establishment of Under-ground 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, to that authority in such form and manner as may be specified by that appropriate authority.

The applicant will provide the following information along with supporting documents in the application -

1. A copy of the Registration Certificate/License granted by the Central Government.
2. The details of Underground Telegraph infrastructure proposed (OFC) to be laid.
3. The mode of and the time duration for execution of the work.
4. The time of the day when the work is expected to be done in case the Licensee/Applicant expects the work to be done during specific time of the day.
5. The details of expenses that such appropriate authority will necessarily be put in consequence of the work proposed to be undertaken by the Licensee.
6. The inconvenience that is likely to be caused to the public and the specific measures proposed to be taken to mitigate such inconvenience.
7. The specific measures proposed to be taken to ensure public safety during the execution of work.
8. Any other matter relevant, in the opinion of the applicant, connected with or relevant to the work proposed to be undertaken, and
9. Any other matter connected with or related to the work as may be specified, through a general or special order, by the Central Government or appropriate State Government or appropriate Local Authority:
10. The applicant 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.
11. Every application shall be accompanied with a fee of Rs 1,000/- per KM to meet Administrative expenses for the examination of the application and the proposed work.

Contd.Page.17.

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C. Grant of Permission by Nodal Officer

The Nodal Officer shall send the received application to the local body to examine the application with respect to the parameters, namely:

1. 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
2. The mode of execution
3. The time duration for execution of the work and the time of the day that the work is proposed to be executed
4. The estimation of expenses that the Appropriate Authority shall necessarily be put in consequence of the work proposed to be undertaken
5. The responsibility of restoration of any damage and payment of restoration charge
6. Assessment of measures to ensure Public safety and inconvenience that the Appropriate Authority may necessarily be put in consequence of the work proposed and the measures to mitigate such inconvenience indicated by the Applicant.
7. Any other matter, consistent with the Act and these rules, connected with or relative to the establishment or maintenance of underground telegraph infrastructure, through a general or specific order, by the central Government, appropriate state Government or the appropriate local authority.

D. Obligations of Applicant in undertaking work

1. The Applicant shall make the payment of expenses as determined by the Appropriate Authority within a period of thirty (30) 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 Applicant seeking such extension.
2. The Applicant shall ensure that
   1. Prior to the commencement of work of laying the underground telegraph infrastructure and at all times during the extension of work, the measures to mitigate public inconvenience and provide for public safety are implemented.
   2. The work of laying the underground telegraph infrastructure is carried out in accordance with the conditions specified in the grant of permission by the Appropriate Authority.
3. The Applicant shall ensure provision of positional intelligence, through appropriate technology, of all underground telegraph infrastructure to enable the Appropriate Authority to obtain real time information on its location. The applicant has to submit proper documentation like As Built Drawing (ABDs), Single Line Diagram (SLDs) including Geo-Coordinates (Latitude & Longitude) data for clarity of UG cables.

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Contd.Page.18

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APPENDIX
(to G.O.Ms.No.2, ITE&C Dept., Dt.19.02.2021)

Definitions:

In this G.O., unless otherwise required in the context:

1. “State” means State of Telangana
2. “Licensee / TSP” means any person holding a license issued under section 4 of the Indian Telegraph Act, 1885;
3. “Infrastructure Provide (IP)” means and includes a person, firm, association of persons or company who is duly registered with the DoT as Infrastructure Provider Category-1 (IP-1).
4. “Applicant” means any IP-1, TSP or Service Provider who makes an application seeking permission to establish and maintain of Telecom Infrastructure.
5. “Application” means the application for single window clearance for the establishment and maintenance of Telecom Infrastructure.
6. “Application / Form” means the Form will be incorporated in the ONLINE PORTAL. Applicants to fill Online only.
7. “Fees” prescribed by this policy include Administrative fees, permission charges, usage fees, utility fees as prescribed in this policy or any other tax or levy etc., that may be payable under any law, the fees or annual charges do not include GST, Labour Cess & other applicable Taxes.
8. “Permission” means any permission pertaining to this Policy for Telecom Infrastructure.
9. “Appropriate Authority” means the local authority, or such authority, body, company or institution incorporated or established by the State Government, in respect of property, under, over, along, across, in or upon which underground or over ground. Telecom infrastructure is to be established or maintained, vested in or under, the control or management of such appropriate authority.
10. “Nodal Authority” means the Principal Secretary, ITE&C Department or his appointed representative of Department, Government of Telangana is responsible for preparation of the Policy and operational Guidelines for execution of it.
11. “Areas” means areas under the jurisdiction of appropriate authority:Municipal Corporations, Municipalities, Mandals, Gram Panchayats, Forest Areas and any other area falling within the jurisdiction of State Authorities.
12. “Local Authorities and Nodal officers” designated from various Departments to give the permission for use of the Government properties.

Contd.Page.19

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“Telecom Infrastructure” means the over ground telegraph infrastructure and underground telegraph infrastructure as defined in Indian Telegraph Right of Way Rules, 2016 and includes:

1. Optical Fiber Cable – Underground or over ground (Aerial).
2. Mobile Towers – Ground base towers [GBT], Ground Based Masts [GBM], Roof Top towers [RTT], Roof Top Poles [RTP]
3. Cell on Wheel [CoW]
4. In-building solution (IBS), Micro communication equipment (Micro Cell) or any other appliances, apparatus, etc., necessary for effective establishment & maintenance of Telecom services.
5. “Micro Communications Equipment” means a Pico/ Micro/ Pole site which is small in size and light in weight, deployed on buildings, utility/ streets poles, street furniture, indoors in large buildings namely malls convention centres and in areas having space constraints, narrow streets, densely populated areas and open public spaces.
6. “Telecom Service Provider (TSP)” means a licensee providing telephony services, including, Inter alia, Mobile phone services, Internet and Data transfer Services etc.
7. “Infrastructure Provider (IP)” means Infrastructure providers registered with Department of Telecommunications (DOT) to set up Telecom Infrastructures in India.
8. “Municipal Corporation, Municipality, Mandal” mean an institution of Local Self-Government under MA&UD department and Panchayat Raj department, Rural Development department.
9. “Local body” means Urban Local Bodies (ULB) like Municipal Corporations, Municipal Councils or Town committees for the urban areas and Rural Local Bodies of Gram Panchayats for rural areas as defined in the respective notified Acts.
10. “Urban and Rural Areas”: For the Census of India 2011, the definition of urban area is as follows:
    1. All places with a municipality, corporation, Notified Area Council.
    2. Rest of the areas will be considered as the Rural Areas.
11. “LWE” means Left Wing Extremism districts of Telangana.
12. “Public Grievance” means Grievances of Public relating to installation of towers and issues related to Telecom Infrastructure.
13. “TIT” means Telecom Infrastructure Tower.

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amp; Rural Development Dept., A.P., Hyderabad.