Process of Fantint permlsslon for installation of

Underground Telegraph lnfrastructure (UTl) and

Overground Teletraph infrastructure (OTl) for the
State of Guiarat.

Government of Guiarat
Department of Science and Technology,
G.R. No. P AN hO I 2Ot5I 7 266I tT,
Datet 2SlOSl2O22.
ReoC:
1. Urban Development & Urban Houslng Department, covt. of Gujarat, Gandhinaga/s GR No: NPU45I2-343&M,
Dr.OthOl20t2.
2. TRAI recommendatlons on Telecommunication lnfrastruGture Policy of Govt. of lndia.
3. Oepartment of Sclence & Technology GR No: DST-1020L4l882683ll,U,2OlOtl2OL5
4. Meeting held under chalrmanshlp of Hon'ble Chief Secretary Dt 1610912015, U,27lLol2OtS, Da.1,5l0,.l2o,.6,
Dr.tglo 2ot6, Dr.ttlg8l2oL6, Dr.o6lLol2oL6, Dt.ollotl2018, ot.o3lo7 12018 & it oT lo2l2o22.
5. t epartment of Telecommunications, Minlstry of Communicatlons, Govt. of lndia, New Delhl's notlfication no:
G.S.R. 1o7o (El, Dt. L5lLtl2Ot6.
5, Department of Telecommunication, Ministry of Communication, Govt, of lndia, New Delhl's Amendment
notiflcatlon no: G.S.R. ?49lEl, Dt.2Ll LO|2O2L
7, Meetlng held under chairmanship of Hon'ble Chief Mlnisle. Da.24lOSl2O22.

Government has realized the need for creating a robust lnformation and Communication
Technology infrastructure with adequate bandwidth at affordable rates in order to promote
development and proliferation of lnformation Technology, eGovernance, eCommerce, Convergence
of lnformation, Communication and Entertainment sectors so as to improve the state of economy,
enhance the quality of life of the citizens and to ensure development of urban and rural areas with
equity throughout the country. Digital lndia, an initiative of Government of lndia also lays emphasis
on adoption of ICT for governance, employment generation, citizen empowerment and economic
development.

2. The Government stresses the need for availability of a robust telecommunication

infrastructure with adequate bandwidth across the length and breadth of the state. The globally
accepted method of creating broad band networks is through laying of optical fiber as backbone. The
optic fiber has to be laid underground. The optical fiber is laid along the roads like the National
Highways, State Highways and other road networks and lands belonging to the State Government
Departments Viz. R&8, Forests, lrrigation, Revenue, Agriculture etc. and local bodies/authorities like
Panchayat, Municipal Corporations, Municipalities, Urban Development Authorities etc.

3. The data consumption and demand have gone up exponentially as the digital penetration has
increased. However, the infrastructure and corresponding bandwidth is not keeping pace with the
demand. This has resulted in congestion in network and deterioration in quality of service resulting
in call drop, poor voice quality etc. The Government of lndia and TRAI have laid an emphasis on
strengthening of lnfrastructure at local level.

Page 1 of 15
4. A number of companies have come forward to lay optical fiber network and install telecom
towers in the State using state of the art technology to promote not only the growth of lnformation
Technology lndustry but also to effectively utilize lnformation Technology tools which would radically
improve the quality of services and life of the citizens of the State and have requested to formulate
a uniform policy for laying OFC and installation of telecom towers and have also requested a time
bound process for approval. ln this connection, the Urban Development and Urban Housing
Department had issued a policy vide its GR dated 03.10.2012 referred to above for laying cable and
installation of pole for 4G telecom services in urban areas. However, a need is felt for a policy across
the state and in relation to the 2G, 3G, 4G LTE Services for cellular service providers and for
infrastructure as a service provider as well. TRAI has also recommended to fix and notify the charges
for Right of Way on priority basis and to ensure time bound availability of RoW to Telecom service
providers or telecom inf rastructure providers.

5. The Government of lndia has, vide its notification, DI.L5/LU2O16, read above at Sr.No.S
notified rules to regulate underground infrastructure (optical Fibre) and overground infrastructure
(Mobile Tower). Said rules in Rule 5 prescribe for fee as well as set a limit on the maximum fee that
can be charged for laying optical fibre. Likewise, in rule 9(3), the rules provide for a fee to meet
administrative expenses and set a limit on one-time fee to meet administrative expenses for mobile
towers.

6. Mobile Towers are critical installations on which the backbone of mobile communication
rests. Mobile towers in required numbers are essential for any mobile network and the lesser number
of towers leads to gaps in the mobile signal coverage, leads to degradation of service, slow internet
speed and call drops. ln order to ensure seamless uninterrupted service and to meet the requirement
of Quality of Services (QoS) parameters, the operators are practically required to install adequate
nos. of mobile towers to extend quality of coverage and services. The State Government has issued
notifications/GR/Guidelines from time to time for facilitating permission from the concerned
authorities required for installation of mobile towers in urban areas. However, the issue has not been
covered by a policy framework universally applicable across the state and applicants are required to
approach different departments for issuing their department specific guidelines for installation of the
mobile towers in urban areas.

7. ln this reSard, consultation with concerned Departments was carried out under the
Chairmanship of Hon'ble Chief Secretary and it was decided to formulate uniform Policy for
standardized permission and charges for laying OFC in the state, except in forest areas and for setting
up mobile tower in and premises owned by urban/panchayat local bodies across the state. lt was also
decided that the Department of Science and Technology will issue such a Policy in consultation with
other concerned departments to obviate need for multiple policies.

8. lt is felt that a unified policy, overarching in setting administrative framework,

necessary
applicable across all agencies within the state government's domain and across the urban and
Panchayati raj local bodies be prescribed and notified.

9. Accordingly, the matter of formulation of uniform Policy and charges and time bound
approval for Underground Telegraph lnfrastructure (UTl) for the state of Gujarat and guidelines for
Overground Telegraph lnfrastructure (OTl) in lands and premises owned by Urban/Panchayat local
bodies was under consideration of the Government.

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 After careful consideration, the State Government has decided to formulate following
Telecom lnfrastructure Policy 2022. Process of granting permission for installation of Underground
Telegraph lnfrastructure (UTl) and Overground Telegraph infrastructure (OTl) for the State of Gujarat

CHAPTER I

1. Short title and commencement:

a) This Policy may be called the Gujarat Telecom lnfrastructure Policy 2022 -
Process for Right of Way (ROW) permission
b) lt shall extend to the whole of the State.
c) lt shall come into force from the date of issuance of this G.R.
2. Deflnitions:
1) ln this Policy, unless the context otherwise requires: -
a) "Act" means the lndian Telegraph Act 1885(13 of 1885).
b) "Rules" means the lndian Telegraph ROW Rulel 2015
c) "Appropriate Authority" means the State Government, local authority or such
authority, body, company or institution incorporated or established by the central
Government or the State Government, in respect of property, under, over, along
across, in or upon which underground or overground telegraph infrastructure, is to
be established or maintained, vested in, or under, the control or management of
such appropriate authority.
d) "State Government" means the Government of Gujarat having jurisdiction, and
includes the administration,
e) "Application" means the application for single window clearance for the
establishment and maintenance of Telecom lnfrastructure.
f) "Licensee" means any person holding a license issued under section 4 of the lndian
Telegraph Act, 1985.
g) "Telecom Service Provider (TSP)" means a licensee providing telephony services,
including, inter alia, mobile phone services, internet and data transfer services etc.
h) "lnfrastruclure Provider (lP)" means lnfrastructure providers registered with the
Department of Telecommunications to set up Telecom lnfrastructures in lndia.
il "Applicant" means any lnfrastructure Provider (lP) or Telecom Service Provider (TSP)
who makes an application seeking permission to establish and maintain the Telecom
lnfrastructure,
it "Overground Telecom Infrastructure" means overground infrastructure for
telegraph or telegraph line established over the ground and includes the poles, posts,
Telegraph/ Telecom lnfrastructure and other above ground contrivances, appliances
and apparatus for the purpose of establishment or maintenance of the telegraph or
the telegraph line.
k) "Polic/ means thls Gujarat Telecom lnfrastructure policy process for Right of Way
Permission" or interchangeably
l) "Underground Telecom lnfrastructure" means a telegraph line or Optical Fibre Cable
(OFC) laid under the ground and includes manholes, marker stones, appliances and
apparatus, for the purpose of establishment or maintenance of the telegraph or OFC
line.

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 m) "Dispute Resolution Officer" means Director (lCT), in Department of Science &
Technology designated as Dispute Resolution Officer (DRO) for resolvinB the issues
if any arises during the implementation of the guidelines
n) 'GoG" refers to the Government of Gujarat.
o) "Nodal Officer " for the Appropriate Authority means the Nodal officer appointed by
the respective Appropriate Authority. He / She will be responsible for granting the
permit in his / her respective jurisdiction.
p) Fees means administrative fees , permission charges, usage fees , utility fees as
prescribed in these guidelines or any other tax or leW etc. that may be payable under
any law; The fees or annual charges does not include Goods and Service Tax (GST),
Labour cess and other applicable taxes.
q) Telegraph/ Telecom lnfrastructure includes, -
i. Telecom lnfrastructure means the 'over-ground telegraph infrastructure'
and'under-ground telegraph infrastructure.
ii. Over-ground telegraph infrastructure means a telegraph, or a telegraph
line established over the ground and includes posts or other above
ground contrivances, appliances , and apparatus for the purpose of
establishment or maintenance of the telegraph or the telegraph line.
iii. Under-ground telegraph infrastructure means a telegraph line laid under
the ground and includes manholes, marker stones, appliances and
apparatus for the purposes of establishment or maintenance of the
telegraph line.
iv, Mlcro 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 viz. malls, convention centres and
in areas having space constraints, narrow streets, densely populated areas
and open public spaces.
rl Portal means centralized application processing portal developed by GoG for the
purpose of application processing under the Policy.
2) Words and expressions used and not defined herein but defined in the Act shall have
the meaning assigned to them in the Act.
3. Arp!!@!!!il:
The Appropriate Authority shall exercise the powers under this Policy on an application for
establishment and maintenance of Underground or Overground Telegraph lnfrastructure by
any Applicant. This Government guidelines shall be applicable to all Appropriate Authorities
within the state of Gujarat including the various Development authorities, lndustrial
development authorities' other Statutory Authorities and also the local bodies including
municipal Corporations, municipalities, Nagar Palika, Gram panchayats, District Panchayat,
etc. constituted by the State Legislature. The appropriate authority shall exercise the powers
under this policy on an application for establishment and maintenance of underground or
overground telegraph infrastructure by any Applicant.

4. Validiw of the permission granted

The permission /permit issued under this policy to any Applicant shall be co-terminus with
validity of License/registration certificate concerned.

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5. The Power of State Government:

The State Government through the concerned Administrative Department shall exercise the
powers under this policy to define/appoint/reconstitute appropriate authority under its
jurisdiction and any other matter relavant, concerned with or relative to the "Appropriate
Authorit/ under its jurisdiction.

6. Nodal officer to be deslsnated bv Aopropriate authoritv

1t Every Appropriate Authority shall designate a nodal officer for the purpose of this Policy.
The Role of the nodal officer shall be but not limited to the following:

o Responsible for day to day activities & communication with the Applicant
. Coordinate for timely approvals/NOCs
. The entire infrastructure being raised in authority jurisdiction shall be monitored
regularly.
2) GoG shall develop a centralized electronic application processing portal for submission
of applications under this rule.
3) Nodal Officer as defined at Section 2 (1) (o) will receive and scrutinize the applications
on portal for issue of permit in the respective jurisdiction for establishment of Telecom
lnfrastructure as defined at Section 2 (1) (q)

CHAPTER II

OF UNDERG D

7. Apollcation submitted bv an Aoplicant:

1. The Applicant shall apply on online portal.
2. Till such portal is developed, the Applicant shall, for the purpose of establishment of
telegraph infrastructure under any immovable property vested in or under the control
or management of any Appropriate Authority, make an application to that Authority
supported by documents prescribed by that authority.
3. The information along with supporting documents to be provided by the Applicant in
the application made under sub-rule (1) shall include:

t. a copy of the licence granted by the Central Governmenu

ll. the detalls of underground telegraph infrastructure proposed to be laid;
il. the mode of and the time duration for, execution of the work;
tv. the time ofthe day when the work is expected to be done in case the licensee
expects the work to be done during specific time of the day;
v. the details of expenses that such appropriate authority will necessarily be put in
consequence of the work proposed to be undertaken by the licensee;
vt, the inconvenience that is likely to be caused to the public and the specific
measures proposed to be taken to mitigate such inconvenience;
v[, the specific measures proposed to be taken to ensure public safety during the
execution of the work;
v t. any other matter relevant, in the opinion of the licensee, connected with or

Page 5 of 15
 relative to the work proposed to be undertaken; and
tx. 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:

Provided that the licensee shall, while making the application, give a specific
commitment on whether he undertakes to discharge the responsibility for
restoration, to the extent reasonable and prudent, of the damage that the
appropriate authority shall necessarily be put in consequence ofthe work proposed
to be undertaken.
4. Every application under this policy shall be accompanied with a non-refundable fee of
INR 1000 /kilometre to meet administrative expenses for evaluation of the application
and the proposed work.
8. Grant of permission bv Aopropriate Authorlw
(1) The appropriate authority shall examine the application with respect to the
following parameters, namelyi
(a) the route planned for the proposed underground telegraph infrastructure
and the possible interference, either in the establishment or maintenance
of such telegraph infrastructure, with any other public infrastructure that
may have been laid along the proposed route;
(b) the mode of execution;
(c) the time duration for execution of the work and the time of the day that
the work is proposed to be executed;
(d) the estimation of expenses that the appropriate authority shall necessarily
be put in consequence of the work proposed to be undertaken;
(e) the responsibility for restoration of any damage that the appropriate
authority may necessarily be put in consequence of the work proposed to
be undertaken;
(f) assessment of measures to ensure public safety and inconvenience that
the public is likely to be put to in consequence of the work proposed and
the measures to mitiEate such inconvenience indicated bythe licensee;
(g) Any other matter, consistent with the provisions ofthe Act and these rules,
connected with or relative to the establishment or maintenance of
underground telegraph infrastructure, through a general or special order,
by the Central Government, appropriate State Government or the
appropriate local authority.

(2) The Appropriate Authority shall within a period not exceeding sixty (60) days from the
date of application made under this guidelines-
a) Grant permission on such conditions including but not limited to, the time,
mode of execution, measures to mitigate public inconvenience or enhance
public safety and given a specific commitment on whether he undertakes to
discharge the responsibility for restoration, to the extent reasonable and

Page 5 of 15
 prudent, of the damage that the appropriate authority shall necessarily be put
in consequence of the work proposed to be undertaken,
OR
bl Reiect the aoolication 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.
(3) Where the appropriate authority accepts the undertaking by the licensee to discharge
the responsibility to restore the damage that such appropriate authority shall necessary
be put in consequence ofthe work, the appropriate authority, while granting permission
under clause (a) of (2) above, may seek a bank guarantee for an amount in lieu of
expenses for restoration of such damage, as security for performance in the discharge
of the responsibility.
(4) The Appropriate Authority, shall not charge any fee or taxes or rents other than that
specified in Clause 7(4) of this Policy and restoration charges if applicant fails to restore
(e(fxe)) from the Applicant for establishing, maintaining, working, repairing
underground telegraph infrastructure.

9. Oblirations of Aoolicant in undertakins work:

1. The licensee shall make the payment of expenses or submit the bank guarantee as
determined by the appropriate authority within a period of thirty days from the date
of grant of permission and prior to the commencement of work of laying the
undergrou nd telegraph infrastructure:

Provided that the appropriate authority may, at its discretion, extend the said period
for payment of expenses or submission of bank guarantee on an application made
by the licensee seeking such extension.

2. The licensee shall ensurethat-

(a) prior to the commencement of work of laying the underground
telegraph infrastructure and at all times during the execution of
work, the measures to mitigate public inconvenience and provide for
public safety are implemented; and
(b) The work of laying underground telegraph infrastructure is carried
out in accordance with the conditions specified in the grant of
permission by the appropriate authority.

3. The licensee shall ensure provision of positional intelligence, through

appropriate technology, of all underground telegraph infrastructures to enable
the appropriate authority to obtain real time information on its location.

Page 7 of 15
 (1) The applicant will be liable for the repair/ restoration of any damage caused
to the property during implementation of the scheme. The applicant shall
ensure making good the excavated trench for laying underground OFC by
proper filling and compaction, so as to restore the land including roads,
drain, water pipelines, stand posts, reservoirs, water treatment plants and
any other damaged public infrastructure into the same condition as it was
before digging the trench, clearing.the debris/ loose earth produced due to
the execution of trenching the portion for which RoW has been granted.
Such repairs/ restoration works shall be carried out according to the
instructions of the concerned competent/appropriate authority. The
concerned officials may supervise the execution of work to ascertain if the
conditions imposed in the grant of permission are observed by the applicant.
(2) The applicant shall not claim exclusive right on the RoW and subsequent
users will be allowed to use the RoW either above or below or by the side of
the utilities laid by the first user, subject to technical requirements being
fulfilled.

(1) The appropriate authority may supervise the execution of work to ascertain
if the conditions imposed in the grant of permission under clause (a) of sub-
rule (2) of rule 6 are observed by the licensee.
(2) The appropriate authority may, on the basis of such supervision, impose
such other reasonable conditions as it may think fit.
(3) lf the appropriate authority comes to the conclusion that the licensee has
wilfully violated any of the conditions for grant of permission under clause
(a) of sub-rule(2) of rule 6 or has failed to restore its assets to their original
condition immediately before OFC laying work was started, it may forfeit,
in full or in part, the bank guarantee submitted bythe licensee, or may carry
out restoration work at risk and cost to the applicant agency by itself, and
withdraw the permission granted to the licensee, for reasons to be recorded
in writing:
Provided that no action shall be taken under this sub-rule unless the
licensee has been given an opportunity of being heard.

11, Aoolicatlon Submitted bv an Applicant:

(1) The Applicant shall apply on online Portal.

(2) Till such portal is developed, the applicant shall, for the purpose of establishing
overground telegraph infrastructure, upon any immoveable property vested in
or under the control or management of any appropriate authority, make an
application to that Authority supported by documents prescribed by that authority.

Page I of 15
 (31 The information along with supporting documents to be provided by the licensee
in the application made under sub-rule (1) shall include-
l. a copy of the licence granted by the Central Government;
ii, the nature and location, including exact latitude and longitude, of post or
other above round contrivances proposed to be established;
iii. the extent of land required for establishment of the overground telegraph
infrastructure;
iv. the details of the building or structure, where the establishment of the
overground telegraph infrastructure, is proposed;
v. the copy of approval issued by the duly authorised officer of the Central
Government for location of the above ground contrivances proposed to be
used for the transmission of Radio waves or Hertzman waves;
vi. the mode of and the time duration for, execution of the work;
vii. the inconvenience that is likely to be caused to the publlc and the specific
measures proposed to be taken to mitigate such inconvenience;
viii. the measures proposed to be taken to ensure public safety during the
execution of the work;
lx. the detailed technical design and drawings of the post or other above
ground contrivances;
x. certification of the technical design by a structural engineer attesting to the
structural safety, of the overground telegraph infrastructure;
xi. certification, by a structural engineer, attesting to the structural safety of
the building, where the post or other above ground contrivances is
proposed to be established on a building;
xii, the names and contact details of the employees of the licensee for the
purposes of communication in regard to the application made;
xiii. anyother matter relevant, in the opinion ofthe licensee, connected with or
relative to the work proposed to be undertaken; and
xiv. any other matter connected with or relevant 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.
)n. Provided that the documents mentioned in clauses (ii), (iii), (v), (ix), (x) and
(xi) shall not be required in case of application made for establishment of
overground telegraph line:-

Provided further that the documents related to route plan for establishment of
overground telegraph line shall be required to be provided by the licenses with
the application made for establishment of overground telegraph line.
(4) Every application under these policy shall be accompanied with a one-time non-
refundable fee of INR 10,000 to meet administrative expenses for examination of the
application and the proposed work. Other charges would be as per Annexure-A.

12. Grant of Permission bv Aoprooriate Authoritv:

1) The appropriate authority shall examine the application with respect to the following
parameters, namely:-

Page 9 of 15
 (a) the extent of land required for the overground telegraph infrastructure;
(b) the location proposed;
(c) the approval issued by the duly authorised officer of the Central
Government for location of the above ground contrivances proposed to be
used for transmission of Radio waves or Hertzian waves;
(d) the mode of and time duration for execution of the work;
(e) the estimation of expenses that the appropriate authority shall necessarily
be put in consequence of the work proposed to be undertaken;
(f) assessment of the inconvenience that the public is likely to be put to in
consequence of the establishment or maintenance of the overground
telegraph infrastructure, and the measures to mitiSate such inconvenience
indicated by the licensee;
(g) certification of the technical design by a structural engineer attesting to the
structural safety of the overground telegraph infrastructure;
(h) certification, by a structural engineer, ofthestructural safety ofthe building
on which the post or other above ground contrivances is proposed to be
established;
(i) any other matter, consistent with the provision of the Act and these rules,
connected with or related to the laying of overground telegraph
infrastructure, through a general or special order or guidelines by the
Central Government, appropriate State Government or the appropriate
local authority:
[] Provided that the parameters mentioned in clause (a], (b), (c), (g) and (h] shall
not be necessary for examination of the application made for establishment of
overground telegraph line:

Provided further that the appropriate authority shall examine the route plan for the
proposed overground telegraph line and the possible interference in regard to the
establishment or maintenance of such overground telegraph line with regard to any other
public infrastructure that may have been laid along the proposed routei

2) Where the establishment of the overground telegraph infrastructure on government

buildings renders the immoveable property, vested in the control or management of any
Appropriate Authority over which such overground telegraph infrastructure is established,
unlikely to be used for any other purpose, the Appropriate Authority shall be entitled to
compensation for the value of the immoveable property, either once or annually, assessed
on such rates as that Appropriate Authority may, by general order, specify.

Provided that in cases where the overground telegraph line is established over the
immovable property, vested in the control or management of any appropriate authority,
then in such cases, one time compensation shall be payable for the value of the immovable
property, not exceeding one thousand rupees per kilometre of the overground telegraph
line established:-

Page 10 of 15
3) The Appropriate Authority shall within a period not exceeding sixty days from the date of
application made under this guidelines:
a) Grant permission on such conditions including, but not limited to, the time, mode of
execution, measures to mitigate public inconvenience or enhance public safety or
structural safety, subject to the provisions of the Act and these rules, or
b) Reject the application for reasons to be recorded in writing.
a. Provided that no application shall be rejected unless the Applicant has been
given an opportunity of being heard on the reasons for such rejection
b. Provided further that the permission shall be deemed to have been granted if
the Appropriate Authority fails to either grant permission under clause (a) or
reject the application under clause (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.
4) The Appropriate Authority shall not charge any fee other than those mentioned under
lndian Telegraph ROW 2016 (Except Charges/Fee as per Annexure-A) from the Applicant
for establishing, maintaining, working; repairing, transferring or shifting overground
telegraph infrastructure.
5) Urban Local Bodies and Gram Panchayats will take Annual Permission Fee in lieu of
Property Tax for Towers erected in their jurisdiction at rates specified in Annexure-A.

13. Oblisations of Applicant in undenakins work:

(1) The licensee shall ensure that -
a) prior to the commencement of establishment and maintenance of
overground telegraph infrastructure and at all times, the measures to
mitigate public inconvenience and ensure public safety, including
structural safety of such overground telegraph infrastructure are
implemented;
b) the work of establishment and maintenance of overground telegraph
infrastructure is carried out in accordance with the conditions specified
in the grant of permission by the appropriate authority.
c) Sharing of tower between multiple Mobile Tower Companies shall be
adhered and the towers can be shared between any numbers of operator
companies.
d) Prior to commencement of establishment and maintenance of overground
telegraph infrastructure and at all times, the measures to mitigate public
inconvenience and ensure public safety, including structural safety of such
overground telegraph inf rastructure are implemented
e) The work of establishment and maintenance of overground telegraph
infrastructure is carried out in accordance with the conditions specified in
the grant of permission by the Appropriate Authority.
f) The Tower establishment should be in accordance with these policy and
with the advisory guidelines dated 1't August 2013 by the DoT & RoW Rules,
2016 notified by GOI as amendment from time to time. The Applicant shall
be required to abide by it, failing which suitable actions as deemed
necessary shall be taken in this regard.
g) lf any damage is caused to any person or property because of the tower,
machine room, battery equipment etc., erected by the Applicant, the

Page 11 of 15
 Applicant shall be solely responsible for paying all kinds of compensations
and damages to the concerned and will be liable to face any civil or criminal
proceedings.
h) ln case of violation of any statutory requirement, a show cause notice of 30
days will be issued to the Applicant on which Applicant has to revert with
the clarification. ln case the clarification is not satisfactory the tower shall
be removed/sealed forthwith besides imposing of penalty.

14. Powers of Approoriate Authority to Supervise the Work:

a) The. appropriate authority may supervise the establishment and
maintenance of overground telegraph infrastructure to ascertain if the
conditions imposed in the grant of permission under clause (a) of sub-rule
(3) of rule 10 are observed by the licensee.
b) The appropriate authority may, on the basis of such supervision, impose
such other reasonable conditions, as it may think fit.
c) lf the appropriate authority comes to the conclusion that the licensee has
wilfully violated any of the conditions for grant of permission under clause
(a) of sub-rule (3) of rule 10, it may withdraw, for reasons to be recorded in
writing, the permission Eranted to the licensee:
Provided that no action shall be taken under this sub-rule unless the licensee has
been given an opportunity of being heard.

tfi

15. Rirht of Appropriate Authority to seek removal. etc.

1) Where the Appropriate Authority, having regard to circumstances which have arisen since
the establishment of any underground or overground telegraph infrastructure under,
over, alon& across, in or upon, any immovable property vested in or underthe control or
management of that Appropriate Authority, considers that it 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 under lndian Telegraph Rules, 2016 sub-rule (1), 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 Authority shall, after examination of the detailed plan submitted by the
Applicant under lndian Telegraph Rules, 2016 sub-rule (2), pass such orders as it deems
fit.
Provided that, the Appropriate Authority shall, having regard to emergent and expedient
circumstances requiring the removal or alteration of such telegraph infrastructure, give a
reasonable time of not less than ninety days (90) to the Applicant for removal or
alteration of such telegraph infrastructure.

Page 12 of 15
 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.

R-V

U Director (lCT), in Department of Science & Technology shall be the Dispute Resolution
Officer (DRO) for whole of the State in consequence of this Policy.
2) Dispute Resolution Officer (DRO) shall decide every dispute brought to him by applicant
or Appropriate Authority within 60 days of filing of dispute.

17. Portal:
One of the agencl under DST, GOG shall develop and maintain an online portal for centralized
application processing. The online applications shall be routed to Appropriate Authorities for
requisite approval through the portal.
18. Mlscellaneous

1) The orovisions of the Forest Conservation Act. 1980 and Rules made there under and
of lndia tq
shall

Guiarat.
2) ln line with the above policy, the respective Department will instruct appropriate authority
under their jurisdiction to operationalize the guidelines.
3) The agency undertaking work for installing Pole/Tower will be responsible for structural
stability of the Pole/Tower as well as of the building if it is setup on roof or adjoining to
such a building. During the installation/trenching work safety related precautions will have
to be undertaken by the agency.
tFl ines:
This Guidelines 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 lndia or any other Competent Authority
in order to keep this policy dynamically responsive to changing technology, regulatory regime
or any other unforeseen development.

By order and in the name of the Governor of Gujarat,

t

(N.H.
Deputy Secretary (lT),
Department of Science & Technology,
Government of Gujarat.
To,
The Principal Secretary to the Hon'ble Governor, Raj Bhavan, Gandhinagar.

Page 13 of 15
The Chief Principal Secretary to the Hon'ble Chief Minister, Sachivalaya, Gandhinagar.
The Principal Secretary to the Hon'ble Chief Minister, Sachivalaya, Gandhinagar.
The Secretary to the Hon'ble Chief Minister, Sachivalaya, Gandhinagar.
The Personal Secretaries to all Ministers/Ministers of State, Sachivalaya, Gandhinagar.
The Personal Secretary to the Leader of Opposition Party, Gujarat Vidhansabha, Gandhinagar.
The Deputy Secretary to ChiefSecretary, Gujarat, Sachivalaya, Gandhinagar.
All Secretariat Departments.
The Secretary. Gujarat Vigilance Commission, Gandhinagar.
The Secretary, Gujarat Public Service Commission, Gandhinagar.
The Secretary, Gujarat Legislature Secretariat, Gandhinagar.
The Registrar, Gujarat High Court, Sola, Ahmedabad.
The Secretary, Gujarat Civil Services Tribunal, Gandhinagar.
The Vice Chancellor, All Universities of Gujarat State.
The Vice Chairman and Managing Director, GIDC, Udhyog Bhavan, Gandhinagar.
The Vice Chairman and Managing Director, GSRTC, Ahmedabad.
The Managing Director, Gu,arat Urja Vikas Nigam Limited, Vadodara.
The DDG, TERM Cell, Department of Telecommunications, 1't floor, P&T Administrative Building, Khanpur,
Ahmedabad, Gujarat-380 001
The Municipal Commissioner, Municipal Corporations, Ahmedabad/Vadodara/Gandhinagar/
Junagadh/Surat/amnagar/Rajkot/Bhavnagar.
All Collector and District Magistrates.
All District Development Officers.
The Accountant Gene6l (A&E), Gujarat, Post Box no. 22Q Rajkot.
The Accountant General (A&E), Guiarat, Ahmedabad Branch, Ahmedabad.
The Accountant General (Audit-1), Gujarat, MS Building, Gandhinagar.
Pay and Accounts Officers, Ahmedabad/Rajkot.
All District Treasury Officers.
Resident Audit Officer, Ahmedabad/Gandhinagar.
Select file, Department of Science and Technology, Sachivalaya, Gandhinagar.

Page 14 of 15
 Anne-ure-A
Apolication fee structure
1

One Time Fee:

1.1. A fee of INR L,@O[ per kmshall be levied as one-timefeetomeet

administrative expenses for examination of the application and the proposed work for
underground OFC infrastructure , irrespective of urban or rural area.
1.2. The above charges are exclusive of GST, Labour cess and other applicable taxes.
1.3. No other Charges, fees or taxes shall be leviable, except restoration charges if applicant
fails to restore to satisfaction of Local Authority.
2. Fee Structure for Overoround Teleoraoh lnfrastructures
One Time Fee:

2.1. A fee of INR 10,000/- per application shall be levied as one-tame fee to meet
administrative expenses for examination of the application and the proposed work for
Overground Telegraph infrastructure , irrespective of urban or rural area.
2.2. ln cases where the overground telegraph line is established over the immovable
property, vested in the control or management of any appropriate authority, then in
such cases, one time compensation shall be payable for the value of immovable
property, not exceeding one thousand rupees per kilometer of the overground
telegraph line established.
2.3. Annual Fees and other cha asa licable as below:
(1) (21 (3)
Item
Details Charges/Fees to be levied
No.
LSo/o of the Jantri rate as per the area occupied
(Footprint)by the Overground Telecom
Annual rental for the Usage of lnfrastructure For the Government
Property /Land under Land/Property under Jurisdiction of the
1 jurisdiction of the Govern ment/Appropriate Authority
Govern ment/Appropriate
Authority When there is no Jantri rate available that
nearest Government land value jantri rate may
be considered
Annual Permission Fee in lieu
Rs. 500 per meter for length of tower above
2 of Property Tax for the erected
ground
tower by Urban Local Body
Annual Permission Fee in lieu
Rs. 100 per meter for length of tower above
3 of Property Tax for the erected
ground
tower by Gram Panchayat
2.4. The above charges are exclusive of GST, labour cess and other applicable taxes.

Page 15 of 15