(TO BE PUBLISHED IN PART-IV OF THE DELID GAZETTE-EXTRAORDINARY)
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELID
(DEPARTMENT OF LAW, JUSTICE & LEGISLATIVE AFFAIRS) •
8TH
LEVEL, C-WING, DELID SECRETARIAT, NEW DELHI No.F.14(2)/LA-ZOII/Jd~\lI/lu
Dated~e April, 2011
NOTIFICATION
No.F.14(Z)/LA-2011/
,kio.\<'II~ .- The following Act of the Legislative Assembly of theth National Capital Territory of Dethi received the assent of the Lt. Governor of Delhi on the 6 April, ZOII and is hereby published for general information:-
"THE DELID GEO-SPATIALDATA INFRASTRUCTURE (MANAGEMENT CONTROL, ADMINiSTRATION, SECURITY AND SAFETY) ACT, 2011 (DELHI ACT 06 OF 20ll)
(As passed by the Legislative Assembly of the National Capital Territory of Delhi 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 of Delhi, and for matters connected therewith or incidental thereto.
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WHEREAS the iYlinistrj' of' Space and Technology, Department of Science and
Technology (National Disaster Management Services Division), Go,vernment of India has framed the National policy for Shanngand Accessibility of the data vide communication dated 14-07-2010 and has mandated that the data as created by the various departments and authorities of the Govenunent at the cost of public excbequer must be shared and utilized in the beneficial interest ofthe public;
• AND WHEREAS the Government of National Capital Territory of Delhi 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
Decision no. 1302 dated 13-11,2007 of the 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 of National Capital Territory of Delhi; local bodies;
public authorities; public and private agencies rendering services of public utilities in Delhi;
,
BE it enacted by the Legislative Assembly ofthe National Capital Territory of Delhi in the Sixty -'second Year'of the Republic oflndiaas'follows:-
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'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 of the National Capital Territory ,of Delhi.
",,- .'. . ;
. . ",-. '(3) It shall come into force on such date as the Government may, by
notificati,orl., 8pP,?int.
2. DefinitioIl1S'. - :In this Act, unless the context otherwise requires,-
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(c) "company" means the Geo-Spatial Delhi Limited, a wholly owned ~ cornpanyo\the ,"overnment, registered under the Gompanies Act,' ~1956 (1011956); • , "".' ,
(d) "Delhi" means the National Capital Territory of Delhi;
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(e) Mdevelopment ac.tivit . y"- includes construction activity, excavation ae;tivity and the .like :carri~,out-either by any line department, local
body, public authority, public and private agancy for the purposa
of renqeringany. p~?lic",\-Itility::_services like 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
on an identified system of a control centre or a monitoring ,centre;
(g) "geo-spati.al applications" include the applications developed to
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use the ,_geo_spatial data to cater to specific governance needs of th,e Government;
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(h) "geo-spatialdata"jncludes3·dimensional Geo-spatial information ,. .'/~"C'-
system inclUding land .information system; of Delhi comprising .. -(':::,,' ,': . ,.-
. land rev~nue 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·
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(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, .9i9ital e1ectron,ic model so as to provide .2~imensional
or 3-dimensional visualization o , f .the 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,,-,-.t,.h'-.o' rity, municipality, Delhi"
Delhi Jal,Boa~~,~'::, Town Planning Authority,.
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--------- Deihl Development Authority, or any other body or authority~ by whatever name called, for the time being invested by law to
render ~ssential services of publlc utility wi~jn the territory of Delhi or to contr.ol ot manage or to regulate civic services within a-
speclfied locai 'area;-
;;,..-",.. , ".,- - ''---
(n) "monit,orj'ng centre" means the mohltoriri"g :~bentre estaBlished. in
, ,",', Deihl 'for monitoring live archiVes, buildings. r,eal estal~ ~rd 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 pUblished in 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
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financed directly or indirectlY by fwnds provided by the Government; and (c) an of\lanization or body corporate in its
capacity as an ii1Strumentality"··of State as defined unqer article 12 of the Constl,tution ofIndIa, rendering services of public utility ;
(r) "regulation" m~~nsaregulation ~ade by theRegulatory Authority , under th!~Act. by notification;
"c'" ,
(s) "Regulatory Authority" means the Delhi Spatial •Data.,I'legulatory '2
Authority constituted under section .12 of this 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~ radar and ground suryey and other form~~f ,'4-f- rr
..,,-'tV. "".~:
include services .. of water, sewe~_ge, electricity
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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 are uploeded in.the geo-spatiel dele be~e;
(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;
.. .:,
,<.t;, \·fHl':;'iJ,,;.,::·.. -;_:h'_';;"r'~" ,,:n".'.' .,_ . , rCUpd'lte,'~heir respective attribute "date continuously on real time
"'-"""'='?'{(:"'''61i;;i$~''far''tip:detion of, geo spatiel deta erid', geo-spatial map created~ ,:, maintained and ma'naged in accordance with the
prQvi.sj6~sof this Act;
-. ..:. '.... ., .. ,;;;:~,o, (cjL, Iink,,~~,e,ir respective ettnbute deta to the, geo-spallaldata and'~eo- .';'; ,,'."'.... . ..
SP,r~$J~~"'IJ1f:lP created, maintained and managed in'accardance with
, ",,"~.',',,
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'ndsecurity afge6Sspatiai data,
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CHAPTER·III
SERVICES OF PUBLIC UTILITY
4>Se,l"Vices.of public utility. - (1) Fdrthepurposes'ohhis A~t, services
of public utility ;"c1ud'e the services rendered by the tine department, local body, publiC authority, publiC and (private, agency .of' the ,_ '" ':'C''''''
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Government which are listed in the Schedule.
(2) The Government may, by notification, amend the Schedule on Q1e >
, .
r"commendati9" of the Regulatory Authority from,time'to time.
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CHAPTER·IV
.
ENiPOWi:RMENT OF THE COMPANY AND ITS FUNCTIONS , ','" '" ",' UNDER HUs'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 of the land
revenue.
- .(~9.ordS ; public utilities inc"".. ; , . luding roads, water, sewerage~ ;.,.;pi:' electr:i9iJY'",J~JecommUnjcation or internet services "and other servic;~s of:'~;'~ ;' .,., ' :'~~~'''. "
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 of the cor1)g~ny as niay 6~ necessary.
<,>,:,.,.
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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..for tt)e Government and shall-
(a) make the-."ppropriate use of the data,of the)ine depart,!,\\nts, local
• -i'>"" •• • (<-' ;li ',~,,,,"
~'~jf '
bodies~: public authorities, public or private agencies, individuals,
~ ,-
etc. as authorised by the .Government for the benefit~f citf~ns of
Delhi:
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(b) own and maintain the hardwar~
(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 -added s~rvices:'~lnd consultancy to the GovernJ£rit
and the Government of India for better co-ordinated pi~n~i~6, ~,~~~,~'- . ,
utilization and maintenance of the res'. ources' .
•,':. '.-, ,<> )'\~:~),~:;;t~_\n~,-" _':,:-.:."
H_I:9.te 'the revenue model governing ¢harges, fees. costs and
~..,:...... ,. ,'.'. . . . :': "6:ib~ levied upon the:lj:g~"de~artments, local bodies, puplic'
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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
shall be "bound by all P9licies, gUidelines, directions,' etc. issued 'by the Government, from time to time.
y--=~,. CHApTER-V:, ((,r'\'.1~ •MANAGE~ENT, UTILITY ~NDACCESS 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 as well 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.
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(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"
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Provided furtherthattheGovemment shall abidebythe 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, .
,
local ·body, 'public authority,public and prryate' agenCY":~ehd~'~ing serv·lces .of public utility in Delhi to achieve the objective of this Act. (2)' The company may authorize the line departments, local bodies, public authorities, pUbllc'2md private agencies to have 'a~~ess through .~.
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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
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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 Technology Act. 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 variou.sg.eo,- spatial appl . iCations 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. of Directors '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 u,nique identification. number beforE;! starting any'
-development work in Delhi. The line department, ,l.ocal body. public a"uthoritY or public and" private ag~ncy authorised un~'er this l~ to use or access geo-spatial data and the like shall be responsible 'for providing and continu?usly updating, all relevant information of :the proposed
14.
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project. of development with the progre~s 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 number in 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:
Provided tha.t th~ 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 development work 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-spatiar data "and the like under this Act to certify in writing every
quarter of the year to the Regulatory Authority that all geo-spatial data
and attribute ?ata generated as a result ?f developmental activities has
been updated to that effect ' .
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CHAPTER-VII,
ESTABLISHMENT OF REGULATORY AUTHORITY
11. Delhi Spatial Data Regulatory Authority. - With effect from such
date as the 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 ;-
,
,
"",,=,qc) •Secretary, Department Of Financeithe Government member'
• '. " • . .,. >
(d) Secretary, Department of Urban Development of the Government,
member;
(I) Secretary, Department of Information Technology of the
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Government,rnember-s,ecretary.
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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 ,assist It to fulfil the obligations of this 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 Government as may be prescribed:
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Provided that no person shall hold office 01 the RegUlatory _= Authority after attaining the age of sixty five years. r\DS·Sv";, " '~,
~_ . 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'by f!-!Ies by the Government:
Provided that the Government shall provide .. \0 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.
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16. Powers, functions and duties of Regulatory Authority. :-Subject to the p - rovisions of this Act, the Regulatory Aut,hority s~,al~ have the' ,
responsibilities for laying down policies, plans and gUidelines in respect of the following matters, namely:- .
(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, rr::=;;;)PUbliC and private agenCiesrenderi~g services of public utility; \\OV ~)) , - ,.
~
(c) , efficient monitoring of the various application andutiiity of the 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 public utility in o'elhi and the public or
its respective respons!ble officers;·
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(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 of pUblic utiHty in Deihi;
(h) act as a -disciplinary body 'in case of .violation of any of the provisions ,of this 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 ,under this 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 not less than fifteen days.
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(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~dication proceedings, as the case may be, by directing an enquiry on the issue involved.
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(3) While enquiring into' the issue arisen before the Regulatory Authority, the Regulatory Authority shall not be 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 -~-
facts of the case; ·contentions raised 'by the p§rties, the r'easons leading ~. ,
to the finding of fact ~rrived at by the RegUlatory Authority ~;:;d 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; .
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,
(b) summoning and directing production of any document, books of
account, record;
_(c) summoning any witness, record his statement in evidence on oath; and
,
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(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 of the receipt
, ,
of the impugned order, The order of the Appellate Aythority shall be final ,r.--=:e-::-.-.".'!.,
and binding:
;<",;{j:~
,',. 5;4 J1
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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.
19. Appointment of Appellate Auth~rity.• (1) The Government ~all
constitute an Appellate Authority having power to hear and decide
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appealsagai,;st the order pa~sed by the Regulatory Authority under.this
Act
(2) The ter~s and. conditions, sala~ies 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;:;t of Oily' Ch9irrnan, one admj~istrative and o~~ technical member for the purposes .at this Act. The Chairman of the Appellate
Authority sh. all be draw. n .. from the poolAof retired officers having served not below the rank of Secretary to the Gover~ment of India.
(2) The administrative member sha. ll be a person of .e,minence in public' life having wide knowledge and experienoe of not less than twenty five' •
years in the.field, namely, public. policy, public affairs, social services, law, management, administration or governanc~. ~'""'\ ( C f~, ,>, ,., c.~ ,\ \,.\:'\-. tJ\,jgJ,'')
'\,.~.
""~
(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 not less tha , n twenty five years:
Provided. thai no merilber of an Appellate Authority shall be a
Member.. ofParl,iament or Legislature of any State ot Union: territory nor shall hold any office cqnnected with ,any political party.
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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 power to".eall for a,~d summon the records of the 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 it with ~irection to pa~s a fresh order.
(3) The Appellate Authority shall not be bound by the coa'; 'of Civil Procedure, 1908 (5 of 1908) 6r'theEvidence Act; 1872 (1 of 1812) and
. ' ' ,~"
may prescribe its own procedure of hear-ing the appeal. «r' 'E'\\ , ~\t ;:)y
22. Remuneration and all~wances • The Chair~erson and membe;~ , . . "
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
23. Power to issue direCtions.~-·"'-TheGovernrrle"nt may fr~m ti'me to time, issue to the RegulatoryAuthority such directions as, in its opinion, may be necessary or 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 Authority and Appellate Authori~y or any' memb~.r or ?fficer or employee
thereof in respect of anything which is in good faith done or intended to
be done in .pursuance or 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 out the provisions of thiS 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, publicandprivate authorities and citizens of India;
; . -.'~--.
,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 ,and private 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 etc. as applicable there to; . ~':~:j)
\~
(f) any other mptter ~hich is require.d to be, or maybe prescribed.
.
26. Power of Re~ul~tory Authority to m,ake regulationso- (1) The RegUlatory Authority may, " with ~heapproval of the Government, make regUlations not i~ consistent" with th"~" proxi~jons.of.thOls Act, to carry out
25
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the provisions of this 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:-
(a) fixing t~rms, quailfications "and experience for the appoil}tment of supporting 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
disciplinary authority-; /"~=.:.:;''\ ! .., ,C=.\\
,
';':,)\1 J
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(d) the manner and the forms of giving notice under -the Act;
(e) any other matter which is required to be, or ni~y be pr~scribed.·
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•
(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' R
Every rule made ~nder.this 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~, . ' before the· Legis-lativeAsserribl~~~·fDelh·i:'wtij'ie·i·t'i'~'·i~- sessio,"!, "for. a, total period of thirty days which maY,ge c,o,mprised in one session, or in two or
,,
,:'moresuccessive sessions,andjfbeforetheexpiryofsession '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 regulation. ·r~\
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28. Power to remove difficulties.-(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order 'published in the OffiCi~1 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:
Provided that no suc~ order shah be ./nade after the expiry of a per:l?d of two years from the date ~n which this Act comes into force.
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(2) Every order made under this section shall, as soon as may be after
it is made, be laid before the Legislative Assembly. ~--~.
\DV~
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-,,~
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28
SCHEDULE
[See section 41
,
!S.No. Lin',:; Departments/Lo'cal Bodies/Public Authorities/Publicor
| Of'oe of the ChiefElectoral Officer, Delhi· I Officeof tKe Labour Oommissioner Office of the i"teQistrar COpoperatlve Societies PU;"llic Works D"cmartment ·Re:.Jenue Deoartment , De'hi Disaster Manaaement Authority Delhi Pollution Control Committee Delhi State Industrial & Infrastructure Dev. Corporation Limited Delhi Taurism and Transportation Development Coreorati~n Limited De\hiTransco Limited - ,. , Delhi TransoQrt Corporation < | 9. |
| 10. | |
| 11. | |
| 12. | |
| 13. | |
| 14. | |
| 15. | |
| 16. | |
| 17. | |
| 18. | |
| 19. | |
| 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 .
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,
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"--.",.~.. -.c-.,.,':..>"'i" 'w-'" 'I }-' .I.'~- \J'A \. .s." ." '-..fi_~ \j ~_-r t
~.d-~ \,'-f 1~
. (farwi SllIlrawat) Add!. Secretary (Law, Justice & L.A.)
29
