Indian Telegraph (Infrastructure Safety) Rules, 2022 - G.S.R. 06 (E) - Indian Law

MINISTRY OF COMMUNICATIONS (Department of Telecommunications) NOTIFICATION New Delhi, the 3rd January, 2023 G.S.R. 06 (E). - In exercise of the powers conferred by section 7 of the Indian Telegraph Act, 1885 (13 of 1885), the Central Government hereby makes the following rules, namely: - 1. Short title and commencement. -(1) These rules may be called the Indian Telegraph (Infrastructure Safety) Rules, 2022. (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, - (a) Act means the Indian Telegraph Act, 1885 (13 of 1885); (b) common portal means a portal or mobile phone application developed and notified by the Central Government for the purposes of these rules; (c) licensee means any person holding a license under sub-section (1) of section 4 of the act. (d) notice means prior information of digging or excavation submitted through common portal. (e) telegraph infrastructure includes a telegraph or a telegraph line and post; (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. Procedure for exercising of legal right to dig or excavate any property. - (1) Any person desiring to dig or excavate in the legal exercise of a right with any property in such a manner as is likely to cause damage to a telegraph infrastructure or to interrupt or interfere with telegraphic communication which has been duly placed in accordance with the provisions of the Act, shall give notice to licensee through common portal, by submitting the information of such digging or excavation, prior to the commencement of such exercise. (2) The notice under sub-rule (1) shall include the name and address of the person exercising the legal right, agency details, contact details, date and time of start of the exercise, description and location of the exercise, and the reasons for such digging or excavation. (3) The licensee shall, on submission of notice by the person under sub-rule (1), as expeditiously as possible provide through the common portal, the details of telegraph infrastructure owned or control or managed by such licensee, falling under or over or along the property with which the person intends to deal in legal exercise of the right, along with precautionary measures for coordination in avoiding damages to the telegraph infrastructure. (4) The person exercising legal right to dig or excavate shall take appropriate action on precautionary measures provided by the licensee as per sub-rule (3). (5) In case no licensee provides details within the prescribed time as per section 19(A) of the Act, the person having legal right to dig or excavate shall be free to dig or excavate the property thereafter. 4. Damage charges for breach of provisions of the rule. - (1) Any person, who in exercise of legal right has dug or has excavated any property in such a manner causing damage to a telegraph infrastructure duly placed in accordance with the provisions of the Act shall be liable to pay the damage charges to the telegraph authority: (2) The damage charges under sub-rule (1) shall be computed based on such expenses as may be incurred in restoring damages. [F. No. 2-16/2022-Policy] ANAND SINGH, Jt. Secy.