The Delhi Geo-Spatial Data Infrastructure (Management, Control, Administration, Security and Safety) Act 2011

(TO BE PUBLISHED INPART-IV OF THEDELIDGAZETTE-EXTRAORDINARY) GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELID (DEPARTMENT OF LAW, JUSTICE & LEGISLATIVE AFFAIRS) • 8THLEVEL, C-WING, DELIDSECRETARIAT, NEW DELHI Jd~\lI/lu Dated ~eApril, 2011 No.F.14(2)/LA-ZOII/ NOTIFICATION ,kio.\<'II~ .- No.F.14(Z)/LA-2011/ The following Act ofthe LegislativeAssembly ofthe Dethi th National Capital Territory of received the assent ofthe Lt. Governor ofDelhi on the 6 April, ZOII and is hereby published for general information:- "THE DELID GEO-SPATIALDATAINFRASTRUCTURE (MANAGEMENT CONTROL, ADMINiSTRATION, SECURITY AND SAFETY) ACT, 2011 (DELHI ACT 06 OF 20ll) (As passed by the Legislative Assembly ofthe National Capital Territory ofDelhi on the 23" March, 2011) / [6th April, 2011] .' I An Act to create, ~pdate,.:manage. disseminate, and share. for Delhi a geo-spatial data, geo-spatial nllip, geo-spatial system, geo-spatial application, geo-spatial portal of the land revenue records; public utilities including roads, water. sewerage. electricity, telecommunication/internet services and other services of utility; property details, property ownership and the like. by entrusting the responsibility to Geo Spatial Dethi Limited,4J. body registered under the Companies Act, 1956 (I' of 1956) inaking it mandatory for the departrnents•.corp~rations, boards of the.Government ~f'NeT of Delhi; local bodies; public authorities; public or private agencies, etc to use and update the Delhi Geo-spatial data; by establishing a regulatory authority and an appellate authority for proper co-ordinated planning and development ofDelhi, and for matters connectedtherewith orincidental thereto. WHEREAS the iYlinistrj' of'Space and Technology, Department of Science and Technology (National Disaster Management Services Division), Government of India has , framed the National policy for Shanngand Accessibility ofthe datavide communication dated 14-07-2010 and has mandated that the data as created by the various departments and authorities ofthe Govenunent atthe cost ofpublic excbequermustbe sharedand utilizedinthe beneficial interest ofthe public; • AND WHEREAS the GovernmentofNational Capital Territory ofDelhi has created an integrated geo. spatial information system for easy,accessibility of all relevant information including land revenue records, land use, property details, utility services, infrastructure, etc. for the National Capital Territory of Delhi, with the'expert guidance of the &urvey of India, Department of Science and Technology, Goverrunent of India, in pursuance of the Cabinet Decisionno. 1302 dated 13-11,2007ofthe Government ofNational Capital Territory ofDelhi; .AND WHEREAS the Delhi Geo-Spatial Data and its 1nfonnation can be applied and utilized for better planning and'management as part of good governance by the departments, corporations, boards of the Government ofNational Capital Territory of Delhi; local bodies; public authorities; public andprivate agencies rendering services ofpublic utilitiesinDelhi; , BE itenacted by theLegislativeAssembly oftheNational Capital Territory ofDelhi in the Sixty-'secondYear'oftheRepublic oflndiaas'follows:- 2 'CHAPTER-I PRELIMINARY 1. Short title, extent and commencement.· (1) This Act may be called the Delhi Gea-Spatial Data Infrastructure (Management, Control, Administration, Security and Safety) Act, 2011. (2) It extend~ l<;i,the whole ofthe National Capital Territory,of Delhi. ",,- .'..; . . ",-. '(3) Itshall come into force on such date as the Governmentmay, by notificati,orl., 8pP,?int. 2. DefinitioIl1S'. -:In this Act, unless the context otherwise requires,- . <a) "Appellate AuthOrity" means the' authority appointed in accordance . ' . " . . , . . • with section.'19 ofthis Act; .-' .. (c) "company" means the Geo-Spatial Delhi Limited, a wholly owned ~ cornpanyo\the ,"overnment, registered under theGompanies Act,' ~1956 (1011956); • , "".' , (d) "Delhi" means the National Capital Territory of Delhi; 3 (e)Mdevelopment activit.y"- includes construction activity, excavation . ae;tivity and the.like:carri~,out-either by anyline department, local body, public authority, public and private agancy for the purposa of renqeringany. p~?lic",\-Itility::_serviceslike laying of,·cables. water pipe Iines,,"sewe(age lines, gas pipelines, etC; "'~ .(1) "geo;,;drtal" nieans thaDalhi gao-,fpatia(map sarvar.or-software , application for access of ge<rspatial data and applic~ionsesidirlg t,'·, .,. on an identified system ofa control centre or a monitoring,centre; (g) "geo-spati.al applications" include the applications developed to , use the ,_geo_spatial data to cater to specific governance needs of th,e Government; " (h) "geo-spatialdata"jncludes3·dimensional Geo-spatial information ,..'/~"C'- system inclUding land .information system; of Delhi comprising ..-(':::,,' ,': . ,.- rev~nue . land record data, lend ownership, etc. along with urban information system comprising properly details, property ~:e;::i~:~IP:;in::I~~::::e ~l:'i~~~::~::::,e:o:;:;y~:; i """ . - electronic transaction forms to be made available by an~';t6 tllne <. ~" ·;'department, local ,body, public authority, public and private • 4· (i)'geo-spatial map' includes the 2-dimensional or,3-dimensional "map of. DelhigOenerated with the' help of aerial photography, photogrammatorY,created with 2~imensio~al or 3-dimensional topology and texturing including ortha-pho,to vectorization. -val[~ation, .2~imensional .9i9itale1ectron,icmodel so as to provide • or 3-dimensional visualization ofthe projected area; , . . 0) 'geo-spatial system" includes all the hardware, software, spatial ';1. " dataap'plications;surveillance system and:;'9ther allied informatioQ technology equipments for the control centres and monitoring'~ ."centres with appropriate finking mechanism to the' _line department, lOcal body, public authority, public and private agency; ,' .., (K) "Governmenf means the Lieutenant Governor of the National Capital Territory of Delhi appointed by·the President under article 239 and. designated as such under article 239 AA of the C.onstitution; '·-.::.:-'.:i :.",·:'-':-ih>," haVing right to aCCess the base map through,access anypubli9'·;\4,thority, municipality, Delhi ,,,--.,.'-.' " Delhi Jal,Boa~~,~'::, Town Planning Authority,. 5 • --------- Deihl Development Authority, or any other body or authority~ by whatever name called, for the time being invested by law to ~ssential wi~jn render services of publlc utility the territory of Delhi or to contr.ol ot manage or to regulate civic services within a speclfiedlocai'area;- , - ;;,..-",.. ".,- ''--- (n) "monit,orj'ng centre" means the mohltoriri"g :~bentre estaBlished. in , ,",', estal~ ~rd Deihl'formonitoring live archiVes, buildings. r,eal otllzr ;f' assets. 'for: change detection' in a,~hieving and creating a local ,.', ,'" archive olthe data collected through internet protocol camera ..•-',; instailedorthrough any other mode: (0) "notification" means a notification pUblishedin the official Gazette; (p) "public and private agency" includes pUblic or private electricity .'df~tribufIOn' companies, pulflic' or private telecommunication . , 'services','· internet services 'providers and the like rendering !~ii~~~"'~""~"' j ·:}(&)~~~bi;'d'authorlty" ',.'" means anyautholity or body or Institution oitklf/''''''''' .,. ",:,j'">.," ;(:;c;:,'·.:,;,~:'f . .govem~':lce esta~lished or constituted (i) by or Linder the ,:'>~:'" Constitution; (i1) by any other law made by Parliament; (Iii) by any i"":!,'l~iVYm'aae'bY ....•. the Legislature of a State or Union territory; (Iv) by a ,_;/,;i.s";:"?':iS~~JiH~ii~i£t<,·';qh,:': ,.';/':"':';;'~':;~F,X·r~{';_,"",matlficatiDn issued or order made by the Government; and includes ""',?:;W1W:W~ij,f*?01(~f,:~\~·;t~OdY owned, controlled or substanti.ally financed by the (b) a non"'govemm~nt organization SUbstantially 6 " . financed directly or indirectlY by fwnds provided by the Government; and (c) an of\lanization or body corporate in its capacity as an ii1Strumentality"··ofState as defined unqer article 12 ofthe Constl,tution ofIndIa, rendering services of public utility ; m~~nsaregulation ~ade (r) "regulation" by theRegulatory Authority by , underth!~Act. notification; "c'" , • (s) "Regulatory Authority" means the Delhi Spatial Data.,I'legulatory '2 Authority constituted under section .12 ofthis Act; . ~ . ., ._, --··':.r . (t) ~rule" means a rule made by the Government under this Act, by no~fication; (u) ·Schedyle" meMs the Schedule appended tothiiAct; (v) "utility mapping'" Includes.the mapping and creation of a geo·· ,<':i,~.'~t,;,~ -; sp~tlaldata base of on the ground, underground or over ground ,'b>Y;~~*- j';~.{' .. •. . ',u,W!ties',such as water pipelines, se~rage ljnes, cables, mapped ":~' . i , . - ' " ~ , '7,: " ';t:-:n . .. .. ,u~lnggrbund pr~~jn~ form~~f radar and ground suryey and other ,'4-f- . rr ,,- ..'tV. ~: "" include services..of water, sewe~_ge, electricity • CHAPTER-II MANDATORY SHARING.,ACCESSING,UTILIZATION AND ._ ,. ':.::.:.'- '-, "">J.~:J'.\,,' .. ,UPDATION OF GEQ-SPATIAL DATA .- ., 3.Mandatory sharin"g"accessing. utilization and updation of ~eOf{ . , spatial data. - Every 'line'department; locel body, pUblic authority, ....-·v .- . ~~ private .~nd pU9Aj('agency rendering services"-of pubfic'utility if;'i~[)elhi shell- (e) ensure thet verious geo-spetiel data attributes pertaining to'them be~e; areuploeded in.the geo-spatieldele (b) utilise the geo-spatial dele and geo-spatiel mep for praper co ordinated' plenning, manegement and delivery of the venous 'servlces:",'-re'ridered ,as a part of1heir administrative and statutory , ""'.,"functions; .:, .. -;_:h'_';;"r'~" ,<.t;, \·fHl':;'iJ,,;.,::·.. ,,:n".'.' .,_ . , rCUpd'lte,'~heir respective attribute"date continuously on real time "'-"""'='?'{(:"'''61i;;i$~''far''tip:detion of, geo spatiel deta erid',geo-spatial map created~ ,:,maintained and ma'naged in accordance with the prQvi.sj6~sof this Act; -. ..:. '.... ., .. ,;;;:~,o, Iink,,~~,e,ir and'~eo- (cjL, respective ettnbute deta to the,geo-spallaldata ,,'."'.... . .';'; .. SP,r~$J~~"'IJ1f:lP created, maintained and managed in'accardance with , ",,"~.',',,<r ",' • 'ndsecurity afge6Sspatiai data, 8 ~- CHAPTER·III SERVICES OF PUBLIC UTILITY A~t, 4>Se,l"Vices.ofpublicutility. - (1) Fdrthepurposes'ohhis services of public utility ;"c1ud'e the services rendered by the tine department, local body, publiC authority, publiC and (private, agency .of' the ,_ '" ':'C'''''' .' Governmentwhichare listed in the Schedule. (2) The Government may, by notification, amend the Schedule on Q1e . > , r"commendati9" of theRegulatoryAuthorityfrom,time'to time. • . . CHAPTER·IV . ENiPOWi:RMENTOF THE COMPANY AND ITS FUNCTIONS , ','" '" ",' UNDERHUs'AcT (!"~~'E'lJp'f'''~'1,'r~T.ent-;-For the purposa of creating, updaling, managing, \'~~::Y;':'"' :V,>h:,..,:>_·,:;::,:disseQ1i~w.!'(l9:~qd sharing, for Delhi· geq-spatial data, geo-spatial map, ~:",... " .." .....".',,,.-,.. 'n'·<-·} .," geo-spatial system, geo-spatial application, gee-spatial portal ofthe land (~9.ordS sewerage~ revenue. - . ; public utilities inc . luding roads, water, ;.,.;pi: "".. ; , ' electr:i9iJY'",J~JecommUnjcation servic;~s of:'~;'~ or internet services"and other ;' .,., :'~~~'''. ' " utility ,;,PT9P~rty details, property ownership ,and the like, the company .. .... "- ......,.,..,.' '- "," ¢~i~,;the".C(lmmer;cement of this Act, be empowered by the .:;'::, ,,:., "';'1.b,x.,)-,Dptification and by such amendments to the ,~,.."~,,, . --.. " ,,~~~~~,~~?~iation cor1)g~ny 6~ ofthe as niay necessary. <,>,:,.,. ! -_.------ 6. Functions of the company. -. The company shall maintain gee spatial data, geo-spatial map, g~o-spatial system, develop geo-portal . ,and applicati.ons..fortt)e Government and shall- (a) make the-."ppropriate use ofthe data,of the)ine depart,!,\\nts, local • -i'>"" •• • (<-' ;li ',~,,,," ~'~jf ' bodies~:public authorities, public or private agencies, individuals, ~ ,- ~f citf~ns etc. as authorised by the.Government for the benefit of Delhi: .' hardwar~<!nlsoftware,.produced ~nd (b) own and maintain the used in th~ D~.lhi Sp,atial Dal<llnfrastructure project; ~. (0) updalefthe geo-spatial data on the basis 01 change requests the line.! departments, local' bodies, public private and public' agencies rendering· services of ." ;"-~:. ,,; :pOblicutilily; ;,(dYJ;)l'p:~6vlE1e>value s~rvices:'~lnd GovernJ£rit -added consultancy to the pi~n~i~6, and the Government of India for better co-ordinated ~,~~~,~'- . , . utilization and maintenance ofthe resources' '. •,':.'.-, ,<> )'\~:~),~:;;t~_\n~,-" _':,:-.:." H_I:9.te'the revenue model governing ¢harges, fees. costs and ~..,:......,. ,'.'. .. . :':"6:ib~ the:lj:g~"de~artments, levied upon local bodies, puplic' 10 authorities, pubJicand private agencies'i'and citi4ens of India for usage and access 0'[ the geo-spatial data, geo-spatial map, geo spatial appljcations~~d the like. -1. Administrative control of "the cOmpany. ~ The company shall function- under the over-all administrative control and supervision of.~he Government through its Department of Information Technology and 'by shall be "bound by all P9licies, gUidelines, directions,' etc. issued the Government, from time to time. y--=~,. CHApTER-V:, ((,r'\'.1~ MANAGE~ENT, ~ND • UTILITY ACCESS OF THE DATA ~'""~. ~ ~ 8. Access of gl8:o·spatialdata by the line departments, local bodies, pUblic authorities, public and,private agencies and general , . public. - (1) Every line department, .local body, public authority, public and private agency shall have access to the geo-spatial data, geo spalial map and geo-spatial'application through access control to access, LJtilize,update_their~spatial aswell as attribute data. ' _ , (2) Every line department, local body, public authority, public and private agenc7 may, sU:bject to payment of charge, fe~-~ cost, download both spatial and attribute data in various forms, such as portable document format and th~ like for.their internal use and application. 11 , (3) The Government shall ,allow controlled ci'ccess of" the geo-spatlal data, geo-spatial map arid geo-spatial application to the public in general, private individual, public and private agencie?subject to the < ' rules m'ade un(j'er this Act: , Provided tDat the Government shall be authorized to classify the geo~spatialdata, geo-spatial map, geo::'sp~:tial' appli<;ation, into the categories of restricted and- unrestricted and allow access to the data classified as unrestricted in accordance with the rules made under this Act, to the public ingeneial, private individual, public and private < agencies, and the like :, c" ~ Provided further that the Govemment shall abide by the policies, guidelines, rules, regulations, etc. of the Government of India, made from time to time regarding di,l>play of information in . pUblic domain, to private individual, pUblic'and private agencies, and the like. 9.- Service level," agreement or other agreement with the line department. local bodies. etc. - (1) The company may enter into service level 'agreements or other agreements with any line department,. , agenCY":~ehd~'~ing local ·body, 'public authority,public and prryate' serv·lces.ofpublic utility inDelhi to achieve the objective ofthis Act. (2)' The company may authorize the line departments, local bodies, 'a~~ess public authorities, pUbllc'2md private agencies to have through .~. 12 secured password and the ,like to the geo-spa'tial data,.:'geo-spati5i1 map, gee-spatial pertal~ geo~spatial system, ge?-spatial app'lications of their respective data assets, to use and update to enhance its value and utility, (3) , Every line d¢partment, local body, public' autl1ority, public and private agency shall updateth~.?ttribute data on real time regular basis. In case of failure, the Regulatory Authority shall be entitled to take action against defaulting' officials and lor line department, local body, pUblic authority, public and.private agency in the manner ,p~ovided in the regulations.. ~~(4) <:J . Every line deparjmenl local body, pUblic authority, pUblic and private agency rendertng services of public utility·shall mandatorily use geo-spatial data, geo-spatial, map, gee,-spatial application, geo-spatial system, geo-spatial portal. (6) It shaJl be mandatory for all such departments, local bodies and 13 , t. , public authorities to establish a p'aperless.regime, f6 the extent possible in terms with,tile policy of .e-governance as envisaged" under the • Information TechnologyAct. 2000 (21 of2qOO). CHAPTER'vi' APPLICATION AND UTILITY OF THE GEO-SPATIAL DATA 10. Applicalion and ulilily of the geo-spalial data. - (1) The Government shall, with the consultation of the company, formulate the variousgeo- spatial appliCations to use thegeo~spatial data and geo- . .., spatial map in accordance with the scheme of this A~t and th~. rules and .regulationS framed thereunder: Provided that all such schemes shall be put by the.company before its Board. ofDirectors 'for approval a.rd shall be effective on"ce these are'approved by the Board. (2) Any contractor authorized by any line department, local body, public " " authority or public and private agency shall apply to the company online and shall obtain a unique identification. number beforE;! starting any , ' -development work in Delhi. The line department, ,l.ocal body. public ag~ncy un~'er l~ to a"uthoritY or public and" private authorised this use be or access geo-spatial data and the likeshall responsible'forproviding and continu?usly updating, all relevant information of :the proposed 14. progre~s project. of development with the of the:work of development identifiable by the unique identification number so generated and obtained ~:mline in accordance with rules made ullc;ler this Act. -~----, (3) The unique identification numberin terms'of sub-section (2) shall be , ';: - generated onlil)G and all such request applications seeking unique identification number shall be decided within fifteen days of receipt . thereof by the company: th~ Provided tha.t company shall be authorized to charge luch application fee as per the rates so finalized and fixed by the Board of Directors of the company payable by~, the cO,ntractors,.. persons or authority intending to start any developmentwork in Delhi. The company shall be authorized in the like manner to revise such rates from time to ~ time. All such rates of application fee or revised application fee shall be " Jn~A'e;. ulynotifiedby a notification. .', '\l~ w~_ "- (4) It shall be the .duty of all the iine departments, local bodies, public authorities and public and private agencies, having right to aCCess to the geo-spatiardata "and the like under this Actto certify in writing every quarter of the year to the Regulatory Authority that all geo-spatial data ?f and attribute ?ata generated as a result developmental activities has been updated to that effect ' . . 15 CHAPTER-VII, ESTABLISHMENT OF REGULATORY AUTHORITY 11. Delhi Spatial Data Regulatory Authority. - With effect from such as the date Government may notify in this behalf, there shall be , established for the purpose of thip Act, an authority to be known as "Delhi Spatial Data Regulatory Authority" (hereinafter referred to" as the "Regulatory Authority'l 12. Composition,of.th~ Regulatory Auth"rity - The.<:;overnment shall constitute the Regulatory'Auth~Mty having following members, namely ;- , , <a) Chief Secretaiy ofthe Government, ex10fficio Chairperson; • "",,=,qc) Secretary, Department OfFinanceithe Government member' • '. " • . .,. > (d) Secretary, Department of Urban Development of the Government, member; (I) Secretary, Department of Information Technology of the 16 Government,rnember-s,ecretary. • , 13. Power to appoint supporting administditive officers, consultan'ts, experts, adviso·rs, etc. - The Regulatory Authority may, as and when required, appoint such officers, consultants, experts and advisors of the respe.ctlve fi~lds, incll;lding ad!TIlnlstration, infor'"Dation technology, lega!, finance and the like, \0 ,assistIt to fulfil the obligations ofthis Act conferred upqn the Regulatory Authority, 14; Tenure of office of Regulatory Authority and its members. .The tenure of office of the Regulatory Authority and/or its members shall be determined by the Governmentas may be prescribed: .. ~" Provided that no person shall hold office 01 the RegUlatory _= Authority after attaining the age ofsixtyfive years. rDS·v" " '~, \ S;, ~_ . Salaries and allowances. ~ The terms and conditions, salanes and 'allowances payable to'the persons appointed under section 13 shall be such as may be prescrlb.ed'byf!-!Ies by the Government: \0 Provided that the Government shall provide.. the RegUlatory Authorlty with such offj~ers, consultants and employees as it may deem ~ necessary for'the·efficient performance of its furi~tion under this Act. 17 16. Powers, functions and duties of Regulatory Authority. :-Subject s~,al~ to the provisions of this Act, the Regulatory Aut,hority have the - , ' responsibilities for laying down policies, plans and gUidelines in respect ofthe following matters, namely:- . <a) monitoring the geo-spatiaisyst"msas,created by theGovemment; "I' (b) terms and conditions,including service charges, fees and cost .." governing sharing and accessing the geo-spatial data,geo-spatial map, geo-spatial system, geo-spatial application, geo-spatial portal by the line departments, local bodies, pUblic authorities, agenCiesrenderi~g rr::=;;;)PUbliC and private services ofpublic utility; \\OV ~)) , - , . ~ (c),efficientmonitoring ofthevarious application andutiiity ofthe data infrastructure; (d) lay down safetyeode pertaining to ge6-spatial system; (e) fix liability and accountability··in case ofbn§~c!l oJ.~~fety code by line departments, local. bodies, public authorities, public a'}d private agencies rendering services of publicutility in o'elhi and the public or its respectiverespons!ble officers;· 18 (f) 'enforcement and 'implementation of policy and plan fer development of geo,.spatial system and its further application and utilization; (g) act as adjudicating authority in case of any djspute governing sharing accessin.Q, applicati0!1 and updation of the date: infrastructure between oram.ong the various Ii.pe departments, , ' local bodie~, plJblic,author.ities, public and pri,vate agencies , rendering services ofpUblic utiHty in Deihi; (h) act as a -disciplinary body 'in case of .violation of any of the provisions,ofthis Act, rules and/or regUla,tions made thereunder on the part of any Hne department, locai body, public authority, public , ". , ';: . and private agency rendering services of pubHc utiiity in Delhi and. its officers and impose penaltie's' in "accordance with the regulations framed,underthis Act : Provided that all such decisions shall be taken by the Regulatory' ': . Authority by majority, 17. Procedure. (J) Before passing any adverse order, the R~gul~tQry Aut,hority shall issue: a show cause notice, seeking explanation within a period notless than fifteen days. 19 • (2) If no explanation -is furnished or'-the' explan~tion furnished is not satisfactory in th~ opini<;m Of the Regulatory Authority, the Authority shall initiate disciplinary and/or adj~dicationproceedings, as the case may be, by directing an enquiryon the issue involved. , "~ (3) While enquiring into'the issue arisen before the Regulatory Authority, the Regulatory Authority shall notbe bound by the provisions of the Code of Civil Procedure, 1908 (5 of 1908), or the provisions of the Evidence Act, 1872 (1 of 1872), The RegUlatory Authority shall adhere to the principles of natural justice and shall afford full opportunity to the parties concerned,to establish ,and prove their respective contentions. ~ ' , I?;) " , ~ ~)~ , 4) The RegUlatory Authority shan pass a speaking order containing -~- factsofthe case;·contentions raised'by the p§rties, the r'easons leading ~. , ~rrived ~;:;d to the finding of fact at by the RegUlatory Authority the final decision. (5) In the discharge of its functions, the RegUlatory' Authority shall have the following powers, namely:- (a) summoning and enforcing .the attendance of any person or , authority; . 20 -,----- , (b) summoning and directing production of any document, books of account, record; _(c) summoning any witness, record his statement in evidence on oath; and , " (d) passing ,s.uch directions :Grorders· as deemed necessaryan-d expedient while. enquiring into any is~ue which the Regulatory ". . Authority is competent and empowered under'this Act. 18. Appeal against the orders of the Regulatory Authority•• Any person, authority, department or officer aggrieved by any order passed, by the Regulatory Authority under,this Act shall be entitied to file an appeal to the Appellate Authority constituted for this purpose under this Act, within a period not exceeding thirty days from the date ofthe receipt , , of the impugned order, The order ofthe Appellate Aythority shall be final ,r.--=:e-::-.-.". '! . , and binding: ;<",;{j:~ ,',. 5;4 J1 \~~ Provided that the Appellate Authority may entertain an appeal after the expiry of the 'said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period. Auth~rity ~all 19. Appointment of Appellate .• (1) The Government constitute an Appellate Authority having power to hear and decide 21 :' appealsagai,;stthe orderpa~sed by the Regulatory Authority under.this Act ter~s sala~ies (2) The and.conditions, and allowances payable to the Appellate Authority shall be such as may be prescribed by the Government. 20. Composition of Appellate Authority.- (1) The ARPe)late Authority shall consi;:;tof Oily'Ch9irrnan, one admj~istrative and o~~ technical .at member for the purposes this Act. The Chairman of the Appellate Authority shall be drawn from the pool of retired officers having served . . .. A notbelowthe rank of Secretary to the Gover~ment of India. (2) The administrative member shall be a person of eminence in public . ., ' life having wide knowledge and experienoe of not less than twentyfive' • years in the.field, namely, public. policy, public affairs, social services, C'~'""'\ law, management, administration or governanc~. (f~, c.~,\ \.\:t,>,J,.\,jJ' ,g,') ,\-. '\,.~. ""~ (3) The technical member to be appointed shall be an expert in the field of information technology and the like, having related qualification and experience ,in his field of notless than twenty five years: , an Provided. thai no merilber of Appellate Authority shall be a Member..ofParl,iament or Legislature of any State ot Union:territory nor shallhold any office cqnnected with ,any political party. 22 -------- .' 21. Procedure of hearing appeal: • (1) While hearing appeal, the Appellate. Authority shall be guided by the principles af natural justice and,shall grant opportunity of heal"ing to the parties concerned. (2) The Appellate Authority shall have the powerto".eall for a,~d summon the records ofthe case 'decided by the Regulatory ;uthority'and shall be competent to reverse, modify or set aside the order passed by the Regulatory Authority. The'Appellate Authority shall also be empowered after selting aside the order of the Regulatory Authority, to remand the " case backto itwith ~irection to pa~s afresh order. (3) The Appellate Authority shall not be bound by the coa';'of Civil «r' Procedure, 1908 (5 of 1908) 6r'theEvidence Act; 1872 (1 of 1812) and ,~" . ' ' may prescribe its own procedure ofhear-ing the appeal. 'E'\\ , ~\t ;:)y all~wances Chair~erson membe;~ 22. Remuneration and •The and . , . " of the Appellate Authority shall be paid such remuneration and allowances as pr~scribed by the Government in accordance with the rUles made under'thls Act.. 23 CHAPTER-VIII MISCEL~ENEOUS direCtions.~-·"'-TheGovernrrle"nt may fr~m 23. Power toissue ti'me to time, issue to the RegulatoryAuthority such directions as, in its opinion, may be necessaryor expedientforcarrying.out the purposes oHhisAcl • and it S[;2" be the .duty of th.e R.egulatory Authority to comply yvith such . ~ directions. 24. Protection of action taken in good faith.-No sUIt, prosecution or other legal proceedings shall lie' against the Government, Regulatory or Authority and Appellate Authori~y orany'memb~.r ?fficer or employee thereof in respect of anything which is in good faith done or intended to or be done in .pursuance JIJtS Act,.t.he rules.and.. regulations made thereunder. 25. Power of Government to make rules. - (1) The Government may, by notification. make rules to ca"rry outthe provisions ofthiS Act. (2) In particular, and without prejudjce to the generality of the foregoing power,such rules may proVide for all or any of the fOllowing matte,>, namely:- (a) tenns pertaining to· framing" ·-of'- revenue "model" governing 24 qll e..--- charges, fees, costs and the like to be levied upon t~e llne I dep-art~ents, Ipcal bodies, pubtib authorities, public and private authorities and citizens ofIndia; ; .-.' ~--. ,I,',: • (b) the conditions: to be inserted in the service level agreements or other agreements.with the line departments, IDcal bodi~s, public.authoriti'Els, public,andprivate authorities; ',-_ . 'f (c) application and' procedure governing generation of unique identification numb.er and notification of schedule of fees fixed and revised from time to time, payable by the contractor; .. , • (d) the method and procedure for classification of data into re5triet~d and un-restricted;,· - (e) terms of appointment of RegUlatory Authority and Appellate Authority, their respective salaries, remuneration, allowances ~':~:j) etc. as applicable there to; . \~ (f) any other mptter ~hich is require.d to be, or maybe prescribed. . 26. Power of Re~ul~toryAuthority to m,ake regulationso- (1) The RegUlatory Authority may, "with ~he approval of the Government, make regUlations not i~ consistent"with th"~"proxi~jons.of.thOls Act, to carry out 25 ----- ----- - - - the provisions ofthis Act (2) In particular, and wit~o.ut- prejudice to the generality, of the foregoing power,such',regulatioi'1S'",may- provide''fo'r"all or any"of the following matters, namely:- fixing t~rms, (a) quailfications"and experience for the appoil}tment ofsupporting staff, officers, consultants, exp~rts, advisors; " (b) proce~ure governing'adjudication of dispute 'between and among the line departments, local bodies, public authorities, private and public agenci~s ; - . (c) the procedure governing, enquiry,and imposition of penalty as a disciplinaryauthority-; /"~=.:.:;''\ ! .., ,C J =.\\ , ';':,)\1 . "".:..~ (d) the mannerand the forms ofgiving notice under-the Act; ni~y pr~scribed.· (e) any other matterwhich is required to be, or be , • (3) The maXimum" pen,alry, however, that may be imposed by the Regulatory Authority shaH not exceedten thousand rupees per default 26 '27. Laying of rules and regulations' Every rule made ~nder.this R Act by the Government anti every regulati'on made by the Regulatory Authority thereunder shall i?e'laid, as soon as may be after it is mad~, .' Legis-lativeAsserribl~~~·fDelh·i:'wtij'ie·i·t'i'~'·i~- before the· sessio,"!,"for.a,total period ofthirtydays which maY,ge c,o,mprised in one session,or in two or ,, ,:' more successive sessions, and jf before the expiry of session 'ii. immediately following the session of the successive sessions aforesaid, the Legislative Assembly agrees,in making any,md"dificatiorLin the rule or regulation, or the Assembly agrees that-the rule or regulation should not be made,' the rule or regulation shall thereafter have effect qnly in such modified form or be of no" effect, as the case may b~; so, however, that any such· modification or·annulment shall be without prejudiqe to th . e va1i9ity - ..o - f . an.yth . ingpreviqus[y done under that rule or ·r~\ regulation. ~ 28. Power to remove difficulties.-(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order OffiCi~1 'published in the Gazette, make such provlsiqns, not iQconsistent with the p.rovisions· of this Act as appear to it to be necessary or expedient for remoVir;'9'the difficulty: suc~ Provided that no order shah be./nade after the expiry of a per:l?d oftwo years from the date ~n which this Act comes into force. 27 (2) Every order made under this section shall, as soon as maybe after it is made, be laid before the Legislative Assembly. ~--~. \DV~ \,=,,,/ -,,~ '."..'.'-., .C,'" .-' ---. . , • , . SCHEDULE [See section 41 , ! S.No. Lin',:; Departments/Lo'cal Bodies/Public Authorities/Public or I Private Agencies rendering services of'public utility 1. Dei;-li Fire Services 2. De::artrnent ofExcise, Entertainment ahd LuxuryTax [ - 3. Ds:-.artment of Environment, Forests and Wildlife ~ 4. DecartmentofHealth and FamilyWelfare '. 5. DeGartment ofTrade andTaxes 6. D.irectQrate of Census_Ooeration' Delhi . 7. O"irectorate of.Education . 8. lrriqation and Flood Control Deoartment I 9. Of'oe of the ChiefElectoral Officer, Delhi· I of 10. Office tKe Labour Oommissioner 11. Office of the i"teQistrarCOpoperatlve Societies 12. PU;"llic Works D"cmartment 13. ·Re:.Jenue Deoartment , 14. De'hiDisaster ManaaementAuthority 15. Delhi Pollution Control Committee 16. Delhi State Industrial & Infrastructure Dev. Corporation Limited 17. Delhi Taurism and Transportation Development Coreorati~n Limited 18. De\hiTransco Limited - ,. , 19. DelhiTransoQrt Corporation < 20. De:.tli Develooment Authoritv . . 21. De'hi Jal Bdard . ~. 22. M:':nrtioal Corooration of Deihi "" 23. NEW Delhi Municioal Council .: , 24. Delhi'lntearated Multi.Modal Transit Svstem Limited 25. Delhi Metro Rail Comoration Limited 26. Indraoarastha Gas Limited 27. Mahanaqar Telephone Niaam Limited . 28. North Delhi Power Limited ·29. Ye.muna and Rajdhani BSES Power Limited . " , .. "--.",.~.. -.c-.,.,':..>"'i" 'w-'" 'I }-' .I.'~-\J'A\. .s." ." '-..fi _~ \j ~_-r t ~.d-~ \,'-f 1~ . (farwi SllIlrawat) Add!. Secretary (Law,Justice & L.A.)