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.

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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

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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.

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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.

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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.

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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

-- 19 --

“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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Pages: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19

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

రాష్ట్రీయ గ్రామ్ స్వరాజ్ అభియాన్- గ్రామీణాభివృద్ధి.

ప్రతి దేశ ప్రజాస్వామ్య ప్రభుత్వాలు తమ ప్రజల అభ్యున్నతి కొరకు వివిధ అభివృధ్ది పథకాలను ప్రకటించడం సహజం. అందులో వ్యక్తిగత అభివృధ్దికి ఉద్దేశించినవి మరియు సామాజికాభివృధ్దికి ఉద్దేశించినవి అనే రెండు రకాల పథకాలు ఉంటాయి. అలాగే మన దేశములో కూడా మన కేంద్ర ప్రభుత్వము దేశ పౌరుల అభివృద్ధి కొరకు, కూడా వివిధ రకాల పథకాలను ప్రకటించి వాటిని అమలు చేయుచున్నది. అందులో ప్రజలకు కావలిసిన మౌళిక వసతుల కల్పన కొరకు బాద్యత వహించు స్థానిక ప్రభుత్వాలు అయిన పంచాయతీలకు, కావలసిన నిధులను సమకూర్చుట కొరకు కేంద్ర ప్రభుత్వము ప్రకటించి అమలు చేయుచున్నపథకము వేరే “రాష్ట్రీయ గ్రామ్ స్వరాజ్ అభియాన్”.

ఈ పథకము అమలుకు కావల్సిన నిధులను 60% కేంద్రం, 40% రాష్ట్రాలు భరించాలని నిబందన. అదే ఈశాన్య రాష్ట్రాలకు మాత్రం కేంద్ర రాష్ట్రాల వాటాల నిష్పత్తి 90% మరియు 10%. ఈ పథకములో నిధులను రెండు విడతలుగా కేంద్రం విడుదల చేస్తుంది. కేంద్రం విడుదల చేసిన నిధులకు రాష్ట్ర వాటాగా 40%, ఈశాన్య రాష్ట్రాలయితే 10% నిధులను కలిపి ఈ పథకం అమలు చేయాల్సి ఉంటుంది. రాష్ట్ర వాటాగా నిధులను కేటాయించని రాష్ట్రాలకు రెండవ విడత నిధులను కేంద్రం విడదల చేయదు.

ఈ పథకములో రెండు బాగాలు ఉన్నాయి.

• గ్రామాలలో మౌళిక వసతుల కల్పన. ( పంచాయతి కార్యాలయము ఏర్పాటు చేయుటకు తగిన వసతి లేనియెడల నూతన భవన నిర్మాణము, భవన మరమ్మత్తులు మరియు అంతర్జాల సేవలు అందించటకు కావల్సిన సంఘణకాలు (కంప్యూటర్ తదితర పరికరాలు) సమకూర్చడం.
• స్థానిక ప్రభుత్వాలకు ఎన్నికైన ప్రజా ప్రతినిధులకు మరియు అందులో పనిచేయుచున్న ఉద్యోగులకు సామర్థ్య పెంపుదలకు కావల్సిన శిక్షణ అందించడం. ఇందులో అతిముఖ్యమైనదేమిటీ అంటే, స్థానిక ప్రభుత్వాలకు ఎన్నికైన ప్రజా ప్రతినిధులందరికీ ఆరు నెలల లోగా పంచాయితీ పరిపాలన విధానాల గురించి, ప్రాథమిక శిక్షణ అందించడం మరియు రెండు సంవత్సరాలకు పరిపాలనలో తమకు ఎదురైన సమస్యల పరిష్కార విధానాలపై పునఃఛ్ఛరణ(రిఫ్రెషర్) శిక్షణ అందించడం.

వాస్తవంగా ఈ పథకము గత దశాబ్ద కాలంగా అమలవుతున్న పథకమే అయినప్పటికి దీనిని 2016-17లో “రాష్ట్రీయ గ్రామ్ స్వరాజ్ అభియాన్” గా పేరు మార్చి 31 మార్చి 2022 వరకు అమలు చేయాలి అసకున్న అనుకున్న కేంద్రం, దీని ద్వార వస్తున్న సత్ఫలితాలను చూసి మరి కొంత కాలం అనగా 31 మార్చి 2026 వరకు పొడగించడం అభినందనీయము.

ఈ పథకము యొక్క ముఖ్య ఉద్దేశము

• సుస్థిర అభివృద్ధి లక్ష్యాలను సాదించడానికి పంచాయతీరాజ్ సంస్థల యొక్క పాలనా సామర్థ్యాలను అభివృద్ధి చేయడం.
• అందుబాటులో ఉన్న వనరులను సముచితంగా వినియోగించుకోవడంపై దృష్టి సారించి, సమ్మిళిత స్థానిక పాలన కోసం పంచాయతీల సామర్థ్యాలను మెరుగుపరచడం.
• జాతీయ ప్రాముఖ్యత కలిగిన సమస్యలను పరిష్కరించడానికి ఇతర పథకాలతో సమన్వయం చేయడం.
• పంచాయితీలు తమ స్వంత ఆదాయ వనరులను పెంచుకునే సామర్థ్యాలను పెంపొందించుకోవడం కొరకు తగిన అవగాహన కల్పించడం.
• పంచాయతీ వ్యవస్థలో ప్రజల భాగస్వామ్యం, పారదర్శకత మరియు జవాబుదారీతనం పెంపొందించడానికి గల ప్రాథమిక వేదికగా ఉన్న ఒకే ఒక వేదికైన గ్రామసభలను సమర్థవంతంగా పనిచేయడానికి బలోపేతం చేయడం.
• రాజ్యాంగం మరియు PESA చట్టం 1996 స్ఫూర్తి ప్రకారం పంచాయతీలకు అధికారాలు మరియు బాధ్యతల వికేంద్రీకరణను ప్రోత్సహించడం.
• పంచాయతీరాజ్ సంస్థల కోసం సామర్థ్య పెంపు కొరకు తగిన శిక్షణ అందించడానికి మరియు సముచిత సలహాలను అందించడానికి (హ్యాండ్‌హోల్డింగ్‌కు) మద్దతు ఇవ్వడానికి అత్యుత్తమ సంస్థల సమాహారముల (నెట్‌వర్క్)ను అభివృద్ధి చేయడం.
• వివిధ స్థాయిలలో పంచాయతీరాజ్ సంస్థల సామర్థ్యాన్ని పెంపొందించడానికి సంస్థలను బలోపేతం చేయడం మరియు వాటిని తగిన నాణ్యతా ప్రమాణాలను సాధించేలా చేయడం.
• మౌలిక సదుపాయాలు, సౌకర్యాలు, మానవ వనరులు మరియు ఫలితాల ఆధారిత శిక్షణ.
• పరిపాలనా సామర్థ్యం మరియు మెరుగైన సర్వీస్ డెలివరీ కోసం పంచాయితీలలో సుపరిపాలనను ప్రారంభించడానికి ఇ-గవర్నెన్స్ మరియు ఇతర సాంకేతిక ఆధారిత పరిష్కారాలను ప్రోత్సహించడం.
• పనితీరు ఆధారంగా పంచాయతీరాజ్ సంస్థల ను గుర్తించి, ప్రోత్సహించడం.

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గత సంవత్సరము పార్లమెంట్ సభ్యులు అడిగిన ప్రశ్నకు సమాదానము గా కేంద్ర పంచాయతీరాజ్ సహాయ మంత్రి శ్రీ కపిల్ మోరేశ్వర్ పాటిల్ గారు రాష్ట్రాలకు మరియు కేంద్ర పాలిత ప్రాంతాలకు గత మూడు సంవత్సరాలకు అనగా 2018-19 నుండి 2020-21 వరకు కేంద్రము విడుదల చేసిన వివరాలను తెలియ చేసారు. దాని ప్రకారము అన్నిటి కన్నా ఎక్కువగా ఉత్తర్ ప్రదేశ్ కు రూ. 259.6001 కోట్లు, దాని తరువాత స్థానంలోమధ్య ప్రదేశ్ కు రూ. 219.69 కోట్లు విడుదల కాగ, దాద్రా&నగర్ హవేలి, డామన్&డయ్యు, గోవా, గుజరాత్, లక్షద్వీప్, పుదుచ్చేరి లాంటి వాటికి ఒక రూపాయి కూడ విడుదల కాలేదు. తెలుగు రాష్ట్రాలైన ఆంధ్ర ప్రదేశ్ కు రూ. 90.029 కోట్లు తెలంగాణ కు 12 కోట్లు మాత్రమే గత మూడు సంవత్సరాలలో నిధులు విడుదల చేయడం జరిగింది.

కేంద్ర నిధుల విడుదల సరళిని గమనిస్తే, ఈ పథకమును అమలు చేయటకు చొరవ చూపి, కేంద్ర నిధుల (60%) తో పాటు తమ రాష్ట్ర వాటా (40%) నిధులను విడుదల చేయడం ద్వార దేశములోని పలు రాష్ట్రాలలోని, చాలా పంచాయతీలు మౌళిక వసతుల కల్పన వరంగా గాని అధునాతనమైన సాంకేతిక పద్ధతులలో సేవలు అందించడంలో చాలా అభివృద్ధిని సాదించాయి. అలాగే తమ రాష్ట్రాల లోని పంచాయతీలకు ఎన్నికైన ప్రజా ప్రతినిధులకు, స్థానిక ప్రభుత్వాల్లో పనిచేయు ఉద్యోగులకు వారి సామర్థ్య పెంపుదలకు తగిన శిక్షణను కూడా అందించడము జరుగు చున్నది. దీని వలన సుశిక్షితులైన పంచాయతీ కార్యవర్గము తమ ప్రజలకు మెరుగైన సేవలను అందించ గలవు అనుటలో ఎలాంటి సందేహము లేదు.

ఈ పథకములో నిధులు పొందుటకు ప్రతిపాదనలు పంపు బాద్యత రాష్ట్ర ప్రభుత్వము పై ఉండడము, రాష్ట్రాలకు, కేంద్రం 60% నిధులను విడుదల చేయడం, కేంద్రం విడుదల చేసిన నిధులకు సరిపడ 40% నిధులను రాష్ట్ర వాటాగా కలిపి పథకం అమలు చేయాలి అనే నిబందన కారణంగా, రాష్ట్ర వాటాగా ఈ పథకము అమలుకు నిధులను కేటాయించని రాష్ట్రాలకు, కేంద్రం మరో విడత నిధులను విడదల చేయదు. ఈ కారణంగా ఏ రాష్ట్రమైతే తమ వంతు వాటాను కేటాయించలేదో ఆ రాష్ట్రములోని పంచాయతీలకు ఈ పథకము ద్వార అందవలిసిన అభివృధ్ది నిధులు ఆగి పోవడమే గాక, ఎన్నికైన ప్రజాప్రతినిధులకు అలాగే కార్యవర్గమునకు అందించాల్సిన సామర్థ్య పెంపు శిక్షణకు కావల్సిన నిధులు కూడా విడదల కాకపోవడం మూలంగా తగిన శిక్షణ అందించలేని రాష్ట్రాల లోని పంచాయతీలు ఆశించినంత అభివృద్ధి ని సాదించలేక పోతున్నాయి. ఇలాంటి పరిస్థితులు దేశములోని పలు రాష్ట్రాలలో ఉన్నాయి అని నిధుల విడదలకు సంబంధించిన ప్రశ్నకు కేంద్ర పంచాయతీ రాజ్ శాఖ సహాయ మంత్రి గారు ఇచ్చిన సమాదానమే నిదర్శనము.

ఇలాంటి పరిస్థితుల లో “రాష్ట్రీయ గ్రామ్ స్వరాజ్ అభియాన్” పథకము ద్వారా కేంద్ర ఆశించిన సంపూర్ణ ఫలితాలు వస్తాయి అనుకోవడం భ్రమ మాత్రమే అవుతుంది. దేశాభివృద్ధి, గ్రామాల అభివృద్ధి పై ఆధారపడి ఉన్నదన్న విషయము అందరకీ తెలిసినదే. గ్రామాభవృధ్ధి జరగాలంటే మానవ వనరుల అభివృద్ధి జరగాలి. మానవ వనరుల అభివృద్ధికి వారి సామర్థ్య పెంపుదలకు కావల్సిన శిక్షణ జరగాలి. సుశిక్షితులైన మానవ వనరులు లేనిదే గ్రామాల అభివృధ్దిని ఆశించడం ఎండ మావులలో నీరు త్రాగాలనుకోవడమవుతుంది.

ఈ పథకము అమలు ద్వార ఆశించిన సంపూర్ణ ఫలితాలు రావాలంటె మొత్తం వందశాతం నిధులు కేంద్రమే విడుదల చేయాలి (భరించాలి). లేదా పంచాయతీలకు ఎన్నికైన ప్రజా ప్రతినిధులకు ఉద్యోగుల సామర్థ్య పెంపుదలకు కావల్సిన నిధులను, రాష్ట్ర ప్రభుత్వాలు తమ వాటా నిధులను తప్పనిసరిగా కేటాయించేలా పార్లమెంట్ ద్వారా సమగ్ర చట్టం తీసుకు రావాలి.

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Electricity (Rights of Consumers) Rules, 2020

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NOTIFICATION
New Delhi, the 31st December, 2020

G.S.R. 818(E).—In exercise of the powers conferred by sub-section (1) read with clause (z) of subsection (2) of section 176 of the Electricity Act, 2003 (Act 36 of 2003), the Central Government hereby makes the following rules, namely:-

1.  Short title and commencement.-

1. These rules may be called the Electricity (Rights of Consumers) Rules, 2020.
2. They shall come into force on the date of their publication in the Official Gazette.

2.  Definitions.-

1. In these rules, unless the context otherwise requires,-
   1. Act means the Electricity Act, 2003;
   2. applicant means an owner or occupier of any premises who files an application form with a distribution licensee for supply of electricity, increase or decrease in sanctioned load or contract demand, change in title or mutation of name, change in consumer category, disconnection or restoration of supply, or termination of agreement, shifting of connection or other services as the case may be, in accordance with the provisions of the Act, rules and regulations made thereunder;
   3. application means an application form complete in all respects in the appropriate format, as specified by the Commission, along with documents and other compliances;
   4. billing cycle or billing period means the period for which regular electricity bills as specified by the Commission, are issued for different categories of consumers by the distribution licensee;
   5. Commission means the State Electricity Regulatory Commission constituted under section 82 of the Act;
   6. Consumer means any person who is supplied with electricity for his own use by a distribution licensee or the Government or by any other person engaged in the business of supplying electricity to the public under the Electricity Act, 2003 or any other law for the time being in force and includes any person whose premises are for the time being connected for the purpose of receiving electricity with the works of a distribution licensee, the Government or such other person, as the case may be;
   7. days means clear working days;
   8. disconnection means the physical separation or remote disconnection of a consumer from the distribution system of the distribution licensee;
   9. fixed charges has the same meaning as per the provisions of the prevailing Tariff Order issued for the distribution licensee by the Commission;
   10. maximum demand means the highest load measured in average kVA or kW at the point of supply of a consumer during any consecutive period of thirty minutes or as specified by the Commission, during the billing period;
   11. occupier means the owner, tenant or person in occupation of the premises where electricity is used or proposed to be used;
   12. point of supply means the point, as may be specified by the State Commission, at which a consumer is supplied electricity;
   13. prosumer means a person who consumes electricity from the grid and can also inject electricity into the grid for distribution licensee, using same point of supply;
   14. temporary connection means an electricity connection required by a person for meeting his temporary needs such as-
       1. for construction of residential, commercial and industrial complexes including pumps for dewatering;
       2. for illumination during festivals and family functions;
       3. for threshers or other such machinery excluding agriculture pump sets;
       4. for touring cinemas, theatres, circuses, fairs, exhibitions, melas or congregations.
   15. unauthorised use of electricity has the meaning as assigned to it under section 126 of the Act.
2. The words and expressions used and not defined in these rules but defined in the Act shall have the meanings assigned to them in the Act and in absence thereof, the meanings as commonly understood in the electricity supply industry.

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3.  Rights and Obligations.- It is the duty of every distribution licensee to supply electricity on request made by an owner or occupier of any premises in line with the provisions of Act. It is the right of consumer to have minimum standards of service for supply of electricity from the distribution licensee in accordance with the provisions made in these rules.

4.  Release of new connection and modification in existing connection.-

1. The distribution licensee shall prominently display on its website and on the notice board in all its offices, the following; namely:-
   1. detailed procedure for grant of new connection, temporary connection, shifting of meter or, service line, change of consumer category, enhancement of load, reduction of load or change in name, transfer of ownership and shifting of premises etc;
   2. address and telephone numbers of offices where filled-up application forms can be submitted;
   3. address of website for online submission of application form;
   4. complete list of copies of the documents required to be attached with the application;
   5. all applicable charges to be deposited by the applicant.
2. Application forms for all type of connections as well as modification in existing connection shall be available at all the local offices of the distribution licensee free of cost as well as on its website for free download.
3. The distribution licensee shall create a web portal and a mobile app for submission of online application forms.
4. The applicant shall have an option to submit an application form in hard copy form or an electronic means such as online through web portal or mobile app of distribution licensee.
5. In case hard copy of the application form is submitted, the same shall be scanned and uploaded on the website as soon as it is received and acknowledgement with the registration number for that applicant shall be generated and intimated to the applicant.
6. In case of online application form through web portal or mobile app of distribution licensee, the acknowledgement with the registration number shall be generated on submission of application.
7. An application, complete with all the required information, shall be deemed to be received on the date of generation of acknowledgement with registration number. In case of hard copy submission, the acknowledgement with registration number shall be generated within such period as may be specified by the Commission, not exceeding twenty four hours, of receipt of the application, complete with all the required information.
8. The application tracking mechanism based on the unique registration number shall be provided by the distribution licensee through web-based application or mobile app or through SMS or by any other mode to monitor the status of processing of the application like receipt of application, site inspection, issuance of demand note, external connection, meter installation and electricity flow.
9. For new connections up to a load of 10 kW or such higher load as may be specified by the Commission, the application form shall be accompanied with only two mandatory documents-
   1. identity proof (i.e. Passport, Aadhar Card etc.) of the applicant; and
   2. proof of applicant’s ownership or occupancy over the premises for which new connection is being sought or in the absence of any proof of ownership or occupancy, any other address poof not given as part of identity proof under (1) above. For new connections beyond the specified load, and modification of existing connection, the Commission shall explicitly specify the documents required to be submitted with the application.
10. In case, an agreement is required to be executed between distribution licensee and the consumer, the same shall become the part of the application form and there shall not be any requirement of a separate agreement form.
11. The Commission shall specify the maximum time period, post submission of application complete in all respect, not exceeding seven days in metro cities, fifteen days in other municipal areas and thirty days in rural areas, within which the distribution licenses shall provide new connection and modify an existing connection:

Provided that where such supply requires extension of distribution mains, or commissioning of new sub-stations, the distribution licensee shall supply the electricity to such premises immediately after such extension or commissioning or within such period as may be specified by the Commission.

12. If a distribution licensee fails to supply electricity within the period specified by the Commission, it shall be liable to a penalty as may be determined by the Commission, which shall not exceed one thousand rupees for each day of default.
13. For electrified areas up to 150 kW or such higher load as the Commission may specify the connection charges for new connection shall be fixed on the basis of the load, category of connection sought and average cost of connection of the distribution licensee so as to avoid site inspection and estimation of demand charges for each and every case individually. The demand charges, in such cases, may be paid at the time of application for new connection.

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5.  Metering –

1. No connection shall be given without a meter and such meter shall be the smart prepayment meter or pre-payment meter. Any exception to the smart meter or prepayment meter shall have to be duly approved by the Commission. The Commission, while doing so, shall record proper justification for allowing the deviation from installation of the smart pre-payment meter or prepayment meter.
2. At the time of seeking a new connection the consumer shall have the option to -
   1. purchase the meter, MCB or CB and associated equipment himself; or
   2. require that the meter, MCB or CB and associated equipment be supplied by the distribution licensee, on payment of applicable charges.
3. The distribution licensee shall ensure that tested and sealed meters of approved meter manufacturers are available to consumers for purchase and information of the places from where the consumers can purchase them is made available on its website.
4. The meter shall be read at least once in every billing cycle in urban as well as rural areas by an authorised representative of the distribution licensee.
5. In case of smart meters, the meters shall be read remotely at least once in every month and in case of other pre-payment meters, the meters shall be read by an authorised representative of the distribution licensee at least once in every three months. The data regarding energy consumption shall be made available to the consumer, through website or mobile App or SMS, etc. Consumers having smart pre-payment meters may also be given the data access for checking their consumption on real time basis.
6. For post payment meters, if the meter is inaccessible to the meter reader on two consecutive meter reading dates, the consumer shall have the option to send the picture of the meter indicating the meter reading and date of meter reading through registered mobile or through e-mail. In such a case, distribution licensee may not send any notice or provisional bill to the consumer
7. Testing of meters shall be done by the distribution licensee within a period as may be specified by the Commission, not exceeding thirty days, of receipt of the complaint from the consumer about their meter readings not being commensurate with his consumption of electricity, stoppage of meter, damage to the seal, burning or damage of the meter, etc.
8. No test fee shall be charged from the consumer at the time of reporting if the meter is found to be defective or burnt due to reasons attributable to the consumer, the consumer shall bear the cost of new meter and test fee shall be charged from the consumer through subsequent bills.
9. The distribution licensee shall give a copy of the meter test report to the consumer duly signed by both the distribution licensee or their authorised representatives and the consumer, and retain one such copy as acknowledgment. The distribution licensee shall communicate the date and time for such test to the consumer and convey the said consumer to present at the site for testing. However, if the consumer chooses not to be present at the site for testing, the distribution licensee will carry out such testing and shall give the copy of the meter test report to the consumer for signing.
10. In case, during testing, the meter is found to be inaccurate, the excess or deficit charges shall be adjusted in the subsequent bills as specified by the Commission.
11. If a consumer disputes the results of testing, the meter shall be tested at a third party testing facility selected by the consumer from the list of third party testing agencies approved by the Commission. If it is successfully established that the results of this test are contrary to the results of the test performed by the distribution licensee, then the cost of undertaking such test shall be borne by the distribution licensee. However, in case it is established that the results of this test are same as the results of the test performed by the distribution licensee in sub-rule (7), then the cost of undertaking such test shall be borne by the Consumer. The meter test results and the meter data shall be issued to the consumer after such test has been completed and the said results are final and binding on both the consumer and the distribution licensee.
12. The list of third party agencies approved by the Commission shall be available in their various offices as well as on the website of the distribution licensee.
13. Replacement of defective or burnt or stolen meters shall be done,-
    1. either on consumer’s complaint or upon inspection by the distribution licensee, if the meter is prima facie found to be defective or burnt or stolen not due to causes attributable to the consumer, the licensee shall restore supply through a new meter at its own cost within the timelines as specified by the Commission;
    2. if, after investigation, it is found that the meter has become defective or burnt or stolen due to causes attributable to the consumer, the necessary charges shall be recovered from the consumer as specified by the Commission;
    3. within a time period, to be specified by the Commission not exceeding twenty-four hours in urban areas and seventy-two hours in rural areas by the distribution licensee.
14. Non-availability of meter shall not be a reason for delay in restoration of supply.
15. If the meter is installed outside the consumer’s premises, distribution licensee shall be responsible for safe custody of the meter, and if the same is installed within the consumer’s premises, the consumer shall be responsible for the safe custody of meter.

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6.  Billing and payment –

1. Tariff for each category of consumers shall be displayed on distribution licensee’s website and consumers shall be notified of change in tariff including fuel surcharge and other charges, a full billing cycle ahead of time, through distribution licensee’s website as well as through energy bills.
2. The distribution licensee shall prepare the bill for every billing cycle based on actual meter reading, except where pre-payment meters are installed, and the bill shall be delivered to the consumer by hand or post or courier or e-mail or any other electronic mode at least ten days prior to the due date of payment.
3. In case of non-receipt of original bill, the consumer shall be entitled to get a duplicate copy of the bill and shall also have the option to deposit self-assessed bill as per the procedure approved by the Commission:

Provided that the excess or deficit payment, as the case may be in case of self-assessment, shall be adjusted in the next bill or bills, as the case may be.

4. In case of pre-payment metering, the distribution licensee shall issue the bill, to the consumer, on his or her request.
5. The distribution licensee shall intimate the consumer about despatch of bill through SMS or email, or by both, SMS and e-mail, immediately and the intimation shall consist of the details of bill amount and the due date for payment.
6. The distribution licensee shall also upload the bill on its website on the day of bill generation:

   Provided that the billing details of last one year for all consumers shall also be made available on the licensee’s website.

7. The distribution licensee shall issue the first bill within a time period to be specified by the Commission, not exceeding two billing cycles, of energising a new connection where post payment meters are installed.
8. In case the consumer does not receive the first bill within such period, he may complain, in writing, to the distribution licensee and the distribution licensee shall issue the bill within a time period, not exceeding seven days.
9. The distribution licensee shall not generate more than two provisional bills for a consumer during one financial year and if the provisional billing continues for more than two billing cycles except under extraordinary situation due to force majeure, the consumer may refuse to pay the dues until bill is raised by the distribution licensee as per actual meter reading.
10. If any bill is served with a delay of such period as specified by the Commission, not exceeding sixty days, the consumers shall be given a rebate of two to five percent as specified by the Commission.
11. The information regarding the authority with whom grievance or complaint pertaining to bill can be lodged shall be provided along with the bill and the same shall also be made available on distribution licensees’ website.
12. In case of vacation of premises, the distribution licensee shall arrange to take a special reading of the meter on receiving the consumer’s written request and issue a final bill including all arrears till the date of billing and issue a No-Dues Certificate on receiving final payment, within a time period not exceeding seven days from the receipt of such final payment.

7.  Method of payment of Bills .-

1. Consumer shall have the option to pay bills online or offline.
2. Bill amount of more than one thousand rupees or an amount specified by the Commission shall mandatorily be paid online. Commission shall specify a suitable incentive or rebate for payment through online system.
3. For bill amounts less than or equal to one thousand rupees consumer may pay the bill through cash or cheque or demand draft or electronic clearing system at designated counters of a bank or through credit or debit cards or online payment through distribution licensees’ web portal or any digital mode of payment and any change or further addition in the mode of payment shall be more user friendly for the consumers than the prevailing system.
4. The distribution licensee shall establish online portal as well as sufficient number of collection centres or drop boxes at suitable locations with necessary facilities, where consumer can deposit the bill amount with ease.

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8.   Advance payment of bills.-

1. In case of post payment meters, when a domestic consumer gives prior information in writing about his continued absence from residence, the distribution licensee shall not send any notice or provisional bill to the consumer provided that the consumer pays the fixed charges for such period in advance and his supply line shall not be disconnected.
2. Interest shall be paid on advance amount paid under sub-rule (1), at such rate as may be decided by the Commission.

9.  Disconnection and reconnection .-

1. 1. In case a consumer desires that his meter to be permanently disconnected, he shall apply for the same to the distribution licensee and the licensee shall arrange for a special meter reading and prepare a final bill.
   2. The disconnection shall be done immediately after payment of the final bill. The balance amount due to any consumption between the final reading and the permanent disconnection, if any, may be adjusted against the security amount with the distribution licensee. The remaining security deposit shall be refunded to the consumer within such period as specified by the Commission, not exceeding seven days.
2. In case the disconnection has been done on account of non-payment of past dues, the licensee shall reconnect the consumer’s installation within such time as specified by the Commission, not exceeding six working hours of receipt of past dues and other charges as applicable.
3. Pre-payment meters will be designed to automatically cut off supply when the amount credited is exhausted. This shall however not be treated as a disconnection and the supply will be resumed whenever the meter is recharged.

10.  Reliability of supply.- (1) The distribution licensee shall supply 24x7 power to all consumers. However, the Commission may specify lower hours of supply for some categories of consumers like agriculture.

1. The Commission shall specify the following parameters to maintain the reliability of supply by the distribution licensee; namely:-
   1. total duration and frequency of outages per consumer in a year -
      1. System average interruption duration index (SAIDI);
      2. System average interruption frequency index (SAIFI);
   2. the minimum outage time (in minutes) that the distribution licensee shall consider for the calculation of SAIDI or SAIFI, as the case may be
2. The distribution licensee shall put in place a mechanism, preferably with automated tools to the extent possible, for monitoring and restoring outages.

11.  Consumer as prosumer.-

1. While the prosumers will maintain consumer status and have the same rights as the general consumer, they will also have right to set up Renewable Energy (RE) generation unit including roof top solar photovoltaic (PV) systems – either by himself or through a service provider.
2. Renewable Energy (RE) generation unit may also be set up on other part of the premises of the prosumers, apart from the roof, however the total generation capacity of the RE unit shall not exceed the limit as specified by the Commission.
3. The Commission shall lay down regulations on Grid Interactive Roof top Solar PV system and its related matters with timelines of not exceeding six months from the date of notification of these rules, in case the same has not been notified.
4. The regulations on Grid Interactive Roof top Solar PV system and its related matters shall provide for net metering for loads up to ten kW and for gross metering for loads above ten kW
5. The distribution licensee shall facilitate the process for setting up of RE generation system at prosumers’ premises. In this regard, the licensee shall-
   1. create an online portal for receiving applications from prosumers for installation, interconnection and metering of distributed renewable energy systems or devices at their premises, and update the same on a regular basis;
   2. prominently display on its website and in all its offices, the following; namely:-
      1. detailed standardized procedure for installation and commissioning of roof top solar system;
      2. a single point of contact to facilitate the consumers in installation of roof top solar system from submission of application form to commissioning.
      3. address and telephone numbers of offices where filled-up application forms can be submitted;
      4. complete list of documents required to be furnished along with such applications;
      5. applicable charges to be deposited by the applicant;
      6. empanelled list of service providers for the benefit of consumers who want to install roof top solar PV system through service providers; and
      7. financial incentives to the prosumers, as applicable under various schemes and programmes of the Central and State Governments;
6. The distribution licensee shall ensure that-
   1. application forms shall be accepted online or through hard copy;
   2. in case the application form submitted in hard copy form, the same shall be scanned and uploaded on the website as soon as it is received and acknowledgement with the registration number for that application shall be generated and intimated to the applicant;
   3. in case the application form received online through web portal of the distribution licensee, the acknowledgement with the registration number shall be generated on submission of application;
   4. application shall be deemed to be received on the date of generation of acknowledgement with registration number; and
   5. the application tracking mechanism based on the unique registration number shall be provided by the distribution licensee through web-based application or any other mode to monitor the status of processing of the application like receipt of application, site inspection, meter installation and commissioning, etc.
7. The technical feasibility study shall be completed within the time period specified by the Commission, not exceeding twenty days and the outcome of the study shall be intimated to the applicant.
8. During the time period from the feasibility study till the completion of installation, in case, there is any requirement of upgradation of distribution infrastructure like augmentation of service line, distribution transformer capacity, etc., for installation of the required capacity of solar PV system, the same shall be carried out by the distribution licensee or consumer, as the case may be.
9. After installation of solar PV system, the consumer shall submit the installation certificate to the distribution licensee. The licensee shall complete signing of connection agreement, installation of meter and successful commissioning of the solar PV system within the timelines specified by the Commission which shall not be more than thirty days from the date of submission of the installation certificate. Formats of contract agreement and installation certificate shall be placed on web-portal of the distribution licensee.
10. Consumer shall have the option of purchasing the requisite meter himself which shall be tested and installed by the distribution licensee.
11. The timelines as specified by the Commission shall be adhered to by the distribution licensee. In case of delay, the licensee may take approval from the Commission in specific cases along with justification for the same.
12. In case of any delay on the part of distribution licensee without any just cause, the Licensee shall be liable to pay compensation to the consumer at a rate which shall not be less than five hundred rupees per day for each day of default.
13. The energy generated by prosumer shall be adjusted against energy consumed or the bill amount, depending on whether net metering or gross metering is applicable.
14. The distribution licensee shall pass on the financial incentives to the prosumers, as may be provided under various schemes and programmes of the Central and State Governments.

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12.  Standards of performance .-

1. The Commission shall notify the standards of performance for the distribution licensees as per sub-section (1) of section 57 of the Act and in consonance with the rules or regulations made thereunder.
2. The Commission shall determine the compensation amount to be paid to the consumers by the distribution licensees for violation of standards of performance as per sub-section (2) of Section 57 of the Act.

13.  Compensation mechanism .-

1. Consumer shall be automatically compensated for those parameters which can be monitored remotely when it can be successfully established that there is a default in performance of the distribution licensee.
2. The Commission shall notify regulations for establishment of mechanism, by the distribution licensee, for automatic payment of compensation amount determined under the provisions of sub-section (2) of section 57 of the Act within six months from the notification of these rules.
3. The Commission shall oversee that the distribution licensee designs and maintains its distribution system in such a way that there is a gradual increase in the list of parameters, which can be monitored remotely and for which automatic compensation can be made to the consumer.
4. The standards of performance for which the compensation is required to be paid by the distribution licensee include, but are not limited to, the following, namely:-
   1. no supply to a consumer beyond a particular duration, to be specified by the Commission;
   2. number of interruptions in supply beyond the limits as specified by the Commission;
   3. time taken for connection, disconnection, reconnection, shifting;
   4. time taken for change in consumer category, load;
   5. time taken for change in consumer details;
   6. time taken for replacement of defective meters;
   7. time period within which bills are to be served;
   8. time period of resolving voltage related complaints; and (ix) bill related complaints.
5. The distribution licensee, within six months from the date of notification of the regulations by the Commission under sub-rule (2), shall create an online facility on which consumers may register and claim the compensation amount. The information in this regard shall be widely circulated among consumers through appropriate means including mass media, bills, SMS, e-mails or by uploading on licensee’s website.
6. In all cases of compensation, the payment of compensation shall be made by adjustment against current or future bills for supply of electricity, within stipulated time from the determination of claim as specified by the Commission.

14.  Call Centre for Consumer Services .-

1. For providing common services like new connection, disconnection, reconnection, shifting of connection, change in name and particulars, load change, replacement of meter, no supply, the distribution licensee shall establish a centralised 24x7 toll-free call centre with effect from such date as may be specified by the Commission.
2. While other modes to provide services like paper application, email, mobile, website, etc., may continue, the licensees shall endeavour to provide all services through a common Customer Relation Manager (CRM) System to get a unified view of all the services requested, attended and pending, at the backend for better monitoring and analytics.
3. The CRM shall have facilities for sms,email alerts, notifications to consumers and officers for events like receipt of application, completion of service, change in status of application, etc; online status tracking and auto escalation to higher level, if services are not provided within the specified time period.

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15.  Grievance redressal mechanism .-

1. The distribution licensee shall establish Consumer Grievance Redressal Forum (CGRF) under sub-section (5) of section 42 of the Act at different levels to cater the needs of the sub- division, division, circle, zone, company level. The forum shall be headed by an officer of the licensee of appropriate seniority. The forum shall consist of officers of the licensee and have not more than four members as consumer and prosumer representatives. The Appropriate Commission shall nominate one independent member who is familiar with the consumer affairs. The forum may be assigned different types of grievances depending on the nature of the grievance and the level at which it can be best resolved.

Provided that the manner of appointment and the qualification and experience of the persons to be appointed as member of the forum and the procedure of dealing with the grievances of the consumers by the Forum and other similar matters would be as per the guidelines specified by the Commission.

2. The licensee shall specify the time within which various types of grievances by the different levels of the forums are to be resolved. Normally, a grievance shall be decided with in a period of thirty days and in any case not exceeding forty five days from the date of receipt of such grievance. The consumer aggrieved by the decision of sub-divisional or divisional or circle forum will have the option to approach the company level forum before making an appeal to the Ombudsman.
3. If a consumer's grievance is not redressed by the company level forum within the specified time or the consumer is not satisfied with the disposal of his grievance, he will be free to approach the Ombudsman appointed by the Commission.
4. The distribution licensee shall give wide publicity of the forum office, its complete address, contact details and procedure for registration of grievances through print and electronic media and notice boards of its various offices and also intimate the same to the consumers through electricity bills.
5. The distribution licensee shall set up a mechanism for monitoring of the grievances redressal.
6. The licensee will send quarterly reports to the Ombudsman and to the Commission, in respect of standards of performance, other performance parameters and consumer grievances related information showing the extent to which the time schedule has been followed in redressing the consumer grievances.
7. The performance of CGRF shall be monitored by the Commission.

16.  General Provisions.-

1. The distribution licensee shall provide access to various services such as application submission, monitoring status of application, payment of bills, status of complaints raised ,etc., to consumers through its website,web portal, mobile app and its various designated offices areawise.
2. The distribution licensee shall provide all services such as application submission, payment of bills, etc., to senior citizens at their door-steps.
3. The details of scheduled power outages shall be informed to the consumers. In case of unplanned outage or fault, immediate intimation shall be given to the consumers through SMS or by any other electronic mode along with estimated time for restoration. This information shall also be available in the call center of the distribution licensee.
4. For creating proper awareness among consumers and licensee staff, the distribution licensee shall ensure to undertake the following steps, namely:-
   1. Manual of procedure for providing common services and handling customer grievances shall be made available for reference of consumers at every office of the distribution licensee and downloadable from its website
   2. The distribution licensee shall publish the guaranteed standards of performance along with compensation structure, information on procedure for filing of complaints, in the bills for month of January and July. If it is not possible to publish the same at the back of the bills, the distribution licensee shall publish it on a separate hand out and distribute it along with the bills.
   3. The distribution licensee shall arrange to give due publicity through media, TV, newspaper, website and by displaying in boards at consumer service related offices to bring awareness of consumer rights, standards of performance, compensation provisions, grievance redressal, measures for energy efficiency and any other schemes of the distribution licensee.
   4. The distribution licensee shall arrange to display feeder wise outage data, efforts made for minimising outages, prevention of theft or unauthorised use of electricity or tampering, distress or damage to electrical plant, electric lines or meter and results obtained during the year, on its website.
   5. Whenever the existing meters are to be replaced by any new technology meters, the distribution licensee shall take adequate measures to create consumer awareness regarding the advantages of such replacement. Distribution licensee shall issue a public notice in at least four daily newspapers. Such information shall also be displayed in conspicuous manner on the distribution licensee’s website and the distribution licensee shall indicate the area wise schedule of dates for replacement of such meter.

[F. No. 23/05/2020-R&R]
GHANSHYAM PRASAD, Jt. Secy.

End of the Rules

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