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

(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 NOTIFICATION Dated .~e April, 20II No.F.14(Z)/LA-2011/ jcku' II~ .- The following Act of the Legislative Assembly of the National Capital Territory of Delhi received the assent of the Lt. Governor of Delhi on the 6 th April, ZOII and is hereby published for general information: "THE DELHI GEO-SPATIALDATA INFRASTRUCTURE (MANAGEMENT CONTROL, ADMINISTRATION, SECURITY AND SAFETY) ACT, 2011 (DELHI ACT 06 OF 2011) (As passed by the Legislative Assembly of the National Capital Territory of Delhi on the 23" March, 2011) / . I [6th April, 20II] An Act to create, ~pdate,.manage, disseminate, and share, for Delhi a gee-spatial data, geo-spatial map, gee-spatial system, gee-spatial application, gee-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 Delhi Limited.ja body registered under the Companies Act, 1956 (1' of 1956) making it mandatory for the departments•.corp~rations, boards of the .Government of 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. WHEREAS the Ministry of' Space and Technology, Department of Science and Technology (National Disaster Management Services Division), Government of India has, framed the National policy for Sharing and 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 Government at the cost of public exchequer 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 Survey 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 Gee-Spatial Data and its Information 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 theLegislativeAssembly ofthe National Capital Territory of Delhi in the Sixty -csecond Year'of the Republic ofIndia asfollows. 2 .CHAPTER-I PRELIMINARY 1. Short title, extent and commencement.· (1) This Act may be called the Delhi Geo-Spatial Data Infrastructure (Management, Control, Administration, Security and Safety) Act, 2011. (2) It extends. to. the whale of the National Capital Territory .of Delhi ",,- .',' . . . ",-. '(3) It shall came into force on such date as the Government may, by notlficatlcn, appoint, 2. Deflnftlons; -In this Act, unless the context otherwise requires, . <a) "Appellate AuthOrity" means the authority appointed in accordance.-. . . . , . with section'19 of this Act; (c) "company" means the Geo-Spatial Delhi Limited, a wholly owned ~ cornpany.ofthe Government, registered under the Companies Act,' ~1956 (1011.956); • . ..•. . .. . (d) "Delhi" means the National Capital Territory of Delhi; 3 • 4· • 'r on an identified system of a control centre or a monitoring ,centre; "'~ • ,n, .,<'"'."",. '. . L . .,--";- ~ .. ",. .(1) "ge0:Rdrtal" means the Delhi geo-spallal map server-or- software , application for access of geo.-spalial data and applic~io",residing t:'" .,. the Government; (e) "development activity"- includes 'construction activity, excavation . . activity and the.like:carri~,out'either by any line department, local body, public authority, public and private agency for the purpose of rendering any. p~~lic",~tility::,services like laying ot. cables. water pipe lines.i'seweraqe lines, gas pipelines, etc; (g) "geo-spatial applications" include the applications developed to (h) "geo-spatialdata"jncludes3·dimensional Geo-spatial information ,. ."'~"C' system inclUding hind information system; of Delhi comprising . '. '.c'r,;:;"· .' . . land revenue record dala, land ownership, etc, along with urban information system comprising property details, property ~;;e;::i~:k:'P:;in::I:i~W:a::e ~l:S'i~o~::~::i::,e:o:;:!y~:; i ~""" . , electronic transaction forms to be made available by ant1-!t6 tllne .. ~~ . "department, local.body, public authority, public and private , use the , geo spatial data'to cater to specific governance needs of r,' • 5 anYPubli9'·i\4,t~ority, municipality, Delhi "-,-,"'.' -,' Delhi JaIHoa~~,~-':' Town Planning Authority, :lig~1li~~~~ii~r I~cludes a department, cdrporation',.' board of ttf~~~;·~,~q::f having right to access the base map through,access ,'., agency; department, lOcal body, public authority, public and private data appjicauons.tsurvelllance system and-other allied lnformation or 3-dimensional visualization of the projected area;, . . • technology equipments for the control centres and rnonitorinq-; . "centres with appropriate finking mechanism to the' line (i) 'geo-spatial map' includes the 2-dimensional cr,3-dimensional "map of. DelhigOenerated with the' help of aerial' photography, photogrammatorY,created with 2~imensio~al or 3-dimensional topology and texturing including ortho-photo vectorization, vali~ation, .9i9ital electronic model so as to provide .2~imensional (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 Constitution; s: ,:;, :J';·:'-.:-\h>," 0) 'gee-spatial system" includes all the hardware, software, spatial '.'. " 6 (0) "notification" means a notification published in the official Gazette; assets. 'for: change detection' in ~:phieVing" and creating", a local protocol camera "'""',; archive olthe data collected through internet installed or through any other mode; Delhi Development Authority, or any other body or authority~ by whatever name called, for the time being invested by law to render essential services of public utility withln the territory of Delhi or to control or manage or to regulate civic services within a speclfied locai 'area; .. ...•- - '' (n) "monit,orj'ng centre" means the monitoring -centre established in , ,",', DeIhl'for monitoring live archives, buildings, f,eal esta!~ ~rd other ff' (p) "public and private agency" includes pubnc or private electricity .diS:trlbufiOo' companies, public or private telecommunication . ", 'senii'ces',' "internet servicesvprovlders and the like rendering 'j'~~~:;lit::Ges of public utility ; ">")'i(~)~~,~bii'6>authority" means anyauthority or bo~y or institution Jtklf/'''''''''' ,>' ",;,j'",.'y ;({c;:,'".,,;i::'f .sovernance established or constituted (i) by or Lihder the >:'>~:'" > Constitution; (ii) by any other law made by Pariiament; (iii) by any .... ..""!'::!l~~'r;\'ade'bY the Legislature of a State or Union territory; (iv) by a ,;,y;·{,,;;';(':iS~9§iH~i;~!£t<,·';;;:h,:': ,.,;/,:",:\;,~c:;~X";iq~1;; ,"",motlficatibn issued or ordermade by the Government; and includes 'f",~~~~0W:W~~~~~1(~),:,:~,:a:'N~6dY owned, controlled or substanti.ally financed by the (b) a non-government organization substantially (v) "utility mapping'" includes, the mapping and creation of a geo·· (u) ·Schedyle" means the Schedule appended tothis-Act; • Data.J'egulatory '2 ." sewerage, electricity • . ," . , "",: ~rul~"means ,a ru.le made by' the Government under this Act, by no~fication; Authority constituted under section ,12 of this Act;, financed directly or indirectly by funds provided by the Government; and' (c) an orqanizatlon or body corporate in its capacity as an mstrumentatrtyof State as defined under article 12 of the Constitution of lndia, rendering services of public utility ; . ,<,:;,~.'~/,;,~ -;:', spatialuata base of on the ground, underground or over ground "!~;;Y';~~1k- j';~,{' .. •. . "ll~J!tfes',such as water pipelines, sewerage lines, cables, mapped .,-", " .. ":~'i.';<7':';L-I" .. .. ,u~lngg,rOUnd pr~~jn~ radar and ground survey and other form~;.of ,'4-fr." .. ~y:?y~y;t:':::., '}~' '.. ~: '" ' (s) "Regulatory Authority" means the Delhi Spatial (r) "regulation" means a reg'ulation made by the Regulatory Authority underth!~Act. by notification;' "er , (t) ".: "',:'-'.,',:'.:::".:' . i:;;:i.;!ii/:jf~i~;~"]\'i~;'J:i,.F \. . ,., .,J-S\!'.f.IJ!H~:''.'seriJicesn include services of water, • ~-8 .d security ofgeiifspatial data. .. .:;;:~.o, (j)., Iink,\~C;irrespective attribute data to the, geo-spa\laldata and'~eo ";'; ,,'.."'..... . .. prov(sj6~sof this Act; SP,r~$l~~r.IJ1~p created, maintained and managed m-accordanos with , """~.',,,,'r ",' , MANDATORY SHARING.,ACCESSING,UTILIZATION AND . '. ':.:: .. ".' ,', " '"n:J:'... ' .. ,UPDATION OF GEQ-SPATIAL DATA (b) utilise the geo-spatial data and gea-spatial map for proper co ordinated' planning. management and delivery of the various 'servlces':·'-re'haered as a part of.1heir administrative and statutory (a) ensure that various geo-spatial data attributes pertaining to 'them are uploaded in the geo-spatial data base; shall . , spatial data. - Every 'line'department,' local body, public authority, ....'·v .-. ~~ private .~nd pU9Ai('agency rendering services"of pubik' utility jf;'iJ!fJelhi . ., 3.Mandatory sharirw.,accessing. utilization and updation of ~eOf{ CHAPTER-II ""'.," functions; r ,<.t;, \·:::';iLc;'iJ,,;.,:".. -; :l"";;"r'~" ":',1".',' ., . , rcU"date'~heir respective attribute"data continuously on real time ,'."'eo'" ·i",.'"·'\"-·:;"~~J";· -, "'" -~ -,J, '-'-', '.:" . """"',=,',P'»"'b,isls":'fO('up-dation of, geo spatial data arid', geo-spatial map created, .. -, maintained and managed in accordance with the CHAPTER·III SERVICES OF PUBLIC UTILITY 4>Se,l"Vices 9f public utility. - (1) Fdrthepurposes'of'this Act, services of public utility include the services rendered by the tine department, local body, publiC authority, publiC and (private, agency .ot the ,' '" '"C'''''' " oovernment which are listed in the Schedule. (2) The Government may, by notification, amend the Schedule on \he > , , recommendation of the Regulatory Authority fromtime-to time, • , , CHAPTER·IV ENiPOWi:RMENT OF THE COMPANY AND ITS FUNCTIONS , ',..' "" "" UNDER TICIIS"ACT (!,,~~'E'1JPf';'~'1)~~T,ent ,-;- For the purpose of, creating, updating, managing, t\, ,,:, ~'I,;:,:disseQ1!!1~!'{l$;tWJdsharing, for Delhi qeo-spatial data, geo-spatial map, ".,.. """,',,,,,',c. ',n','>,' . " geo-spatial system, geo-spatial application, gee-spatial portal of the land revenue. .(~9.ordS ; public utilities including roads, water, 5ewerage~ ,.,.;p!:-"". -, ' . ' elec~~9~o/',,/\t~Jecommunication or internet services"and other services of:~\ ,,' .>., "1(>':," " • -'i" utility ,;,pr9P~rty details, property ownership and the like, the company " •. " <.... , .•••,.- '- "" " , .. ·";the".commer;cement of this Act, be empowered by the ,C\'::, ,,:'. ""'1,bX,)',lJotification and by such amendments to the k/",\,,, " c .. ' ,,~lS~~~~?fiation of the con:w~ny as may b~ necessary. ',F','i-'~:"'",'., . 6. Functions of the company. -. The company shall maintain geo spatial data, qeo-spatlal map, g~o-spatial system, develop geo-portal . -and applications ..for the Government and shall (a) make the-appropriate use of the data.of the,Jine departments, local . -i'""" . . . (<-' .11 ',~",,'" ~bjf ' bodies~: public authorities, public or private agencies, individuals, ~ , etc. as authorised by the .Government for the benefit~f citl~ens of Delhi; .. (b) own and maintain the hardware andsoftware, .produced ~nd used in the D~thi Sp,atial Data Infrastructure project; ~. (c) update<the geo-spatial data on the basis 0'1 change requests the line.! departments, local bodies, public "bt: auth6fities, . private and public agencies rendering' services of ." ;'",,"-"". ,,; ;pObli",utilily; ;,(dP;~1':p:~6vlEie1'Value -added services-and consultancy to the GQvernJ!lit and the Government of India for better co-ordinated pi~n~I~6, ~,<~,~'- . , utilization and maintenance of the resources'.. , •,':. '.-, ,<> '::~:~j,~:;;t~.'i;i"i~>-" . -: :,~.;, H I:9.te· the revenue model"governing charpes, fees. costs and ~" .,:...... ,. ,'.'. " " :': '~r;b~ levied upon the:li:g~" departments, local bodies, public 10 !" authorities, public and private agencies ':'and citizens of India for usage and access 0'[ the geo-spatial data, geo-spatial map, geo spatial applications ,~~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 policles, gUidelines, directions,' etc. issued 'by the Government, from time to time. y--=~,. CHApTER-V:, ((,('~'.1~ •MANAGE~ENT, UTILITY ~NDACCESS OFTHE DATA ~~ ~ '"".~ 8. Access of g~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 spatial map and geo-spatial' application through access control to access, lJtiJize,update their~spatial as well as attribute data. ',--. , (2) Every line department, local body, public authority, public and private agenc7 may, subject to payment of charge, fee, cost, download both spatial and attribute data in various forms, such as portable document format and the like for. their internal use and application. 11 12 .~. Provided further that the Government shall abide by the "~-,agencies, and the like :, (2)· The company may authorize the line departments, local bodies, public authorities, publicand private agencies to have 'access through made from time to time regarding di,l>play of information in . public domain, to private individual, publicand private agencies, and the like. department. local bodies. etc. - (1) The company may enter into service level 'agreements or other agreements with any line department, . , 9.- Service level-" agreement or other agreement with the line Provided that the Government shall be authorized to classify the geo",:spatial" data, geo-spatial map, geo::'sp~:tial' application 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 ingene,al, private individual, public and private < local 'body, 'public authority,public and private agenCY-':~ehd~'~ing. ~ services .of public utility in Delhi to achieve the objective of this Act. rules mace under this Act: (3) The Government shall .allow controlled access of" the gee-spatial data, geo-spatial map and geo-spatial application to the public in general, private individual, public and private agencie?subject to the < • c" ~ policies, guidelines, rules, regulations, etc. of the Government of India, secured password and the !!k.e to the geo-spa-tial cata.jqeo-spaflel map, geo-spatial portal, geo~spatial system, ge?-spatial applications of their respective data assets, to use and update to enhance its value and utility. (3)' . Every line department, local body, public' aut(10rily,publicand private agency shall update theattribute 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 provided in the requlations.. ~~(4) Every line department, local body, public authority, public and<:J . private agency rendering services of public utility· shall mandatorily use gee-spatial data, geo-spatial, map, geO-spatial application, geo-spatial, system, geo-spatial portal. (5) Every person or government employee autho·rized to access geo spatial. data, geo-spatial' map, geo."-spatial portal, geo-spatial system, geo-spatial' ..application "may use' nl$" respective' Digit~(' Signature, secured password or the like while 'using, upd.?lting and administrating ~', the same. . (6) It shall be mandatory for all such departments, local bodies and 13 , t. , public authorities to establish a paperless regime, £6 the extent possible in terms with,the poHcyof .s-governance as envisaged" under the Information Technology Act. 2000 (21 of2qOO). • CHAPTER:vi, 14. these are 'approved by the Board. 'development work in Delhi. The line department, .!ocal body, public Provided that all such schemes shall be put by thecompany " "" authortty or public and" private agency authorised under this Act to use or access geo-spatial data and the like shall be responsible 'for providing and continuously updating, all relevant information of -the proposed (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. . before its Board. of Directors 'for approval a.rd shall be effective once APPLICATION AND UTILITY OF THE GEO-SPATIAL DATA 10. Application and utility of the geo-spatial data. - (1) The Government shall. with the consultation of the company. formulate the variousgeo- spatial applications to use thegeo~spatlal data and geo '., . spatial map in accordance with the scheme of this A~t and the rules and .requlations framed thereunder: project. of development with the proqress of the' work of development identifiable by the unique identification number so generated and obtained online in accordance with rules made under this Act. ~----, (3) Tne unique identification number in terms' of sub-section (2) shall be , generated online and all such request applications seeking unique identification number shall be decided within fifteen days of receipt thereof by the company: Provided that th~ company shall be authorized to charge jUch application fee as per the rates so finalized and fixed by the Board of Directors of the company payable by~, the COFltractofs,.. 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'~ ulynotified by a notification, '\l~ w~ .f. " (4) It shall be the duty of all the line departments, local bodies, public authorities and public and private agencies, having right to access to the geo-spatiat data 'and the like under this Act to certlfy in writing every quarter of the year to the Regulatory Authority that ail geo-spatial data and attribute ?ata generated as a result ?f 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 date as the Government may notify in this behalf, there shall be , established for the purpose of !hip Act, an authority to be known as "Delhi Spatial Data Regulatory Authority" (hereinafter referred to" as the "Regulatory Authority"). 12. Composition 9f, th~ Regulatory AuthQrity - The.~overnment shall constitute the Regulatory'Autho,rity having following members, namely ; • , <a) Chief Secretary of the Government, ex-officio Chairperson; "",,=,qc) Secretary, Department of Finance9i!he Government member: • '. " • . .,. > • ,, (d) Secretary, Department of Urban Development of the Government, member; <eJ Secretary, Department of Law, Justice and Legislative Affair.; of the Government, member; (I) Secretary, Department of Information Technology of the 16 Government, member-secretary. • 13. Power to appoint supporting administditive officers, consultants, experts, adviso"rs, etc. - The Regulatory Authority may, as and when required, appoint such officers, consultants, experts and advisors of the respective fi~lds, including administration, information technology, legal. finance and the like, to eesist it to fulfil the obligations of this Act conferred upon 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: . ~" Provided that no person shall hold office of the Requlatory = Authority after attaining the age of sixty five years, (D§,v" '. .~. \ S;. ~ . Salaries and allowances. ~ The terms and conditions, salaries and allowances payable to' the persons appointed under section 13 shall be such as may be prescribed-by rules by the Government: Provided that the Government shall provide \0 the Regulatory Authority with such officers, consultants and employees as it may deem ~ necessary for'the ·efficient performance of its function under this Act. 17 ~----~ 16. Powers. functions and duties of Regulatory Authority. :-Subject to the provisions of this Act, the Regulatory Aut:hority shall, have the ~ . responsibilities for laying down policies, plans and guidelines in respect of the following matters, namely:- . (a) monitoring the geo-spatiaisystems as created by the Government; (b) terms and conditions ~ including service charges, fees and cost .. " governing sharing and accessing the geo-spatialdata,geo-spatial map, gao-spatial system, geo-spatial application, geo-spatial portal by the line departments, local bodies, public authorities, (7~)public and private aqencies renderinq services of public utility; 1\ 0 'lH :;;;};I)) ~ ~ ,. <:» (c) ~ efficient monitoring of the various application and utility ofthe data infrastructure; (d) lay down safety code pertaining to ge6-spatial system; (e) fix liability and accountablllty-ln case ot breach oJ.~<;!fety code by line departments, local. bodies, public authorities, public and private agencies rendering services of public utility in o'elhi and the public or its respective responsible officers; 18 "I' (f) enforcement 'and 'implementation of policy and plan fer development of geo,.spatial system and its further application and utilization; ''f (g) act as adjudicating authority in case of any dispute governing sharing accessin.Q, application and updation of the date: infrastructure between or among the various Iipe departments, , ' local bodies, plJblic,author.ities, public and private agencies , rendering services of public utility in Deihi; (h) act as a -disciplinary body 'in case of .violation of any of the and private agency rendering services of publlc utility in Delhi and. its officers arid impose penalties' in "accordance with the provisions ,of this Act, rules and/or requlations made thereunder on the part of any line department, locai body, public authority, public, , regulations framed under this Act: Provided that all such decisions shall be taken by the Regulatory' ': . Authority by majority, Requlatory Aut,hority shall issue: a show cause notice, seeking explanation within a period not less than fifteen days. 17. Procedure. (J) Before passing any adverse order, the 19 •(2) If no explanation -is furnished orthe explan~tion furnished is not satisfactory in the opinion of the Regulatory Authority, the Authority shall initiate disciplinary and/or adjudlcation proceedings, as the case may be, by directing an enquiry on the issue involved. (3) While enquiring into ·the issue arisen before the Reguiatory 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 Reguiatory 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. ~ ..... l\;;;:j~";'»4) The Regulatory Authority shall pass a speaking order containing ~- , " factsof the case;'contentions raised' by the parties. the reasons leading ~. , to the finding of fact arrived at by the Regulatory Authority a;:;iJ 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 and binding: , , (b) summoning and directing production of any document, books of account, record; Cc) summoning any witness, record his statement in evidence on oath; and , " (d) passing such directions or.orders as deemed necessary and expedient while enquiring into any issue which the Regulatory. ". . Authority is competent and empowered underthisAct. 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 thedate of the receipt , , of the impugned order. The order of the Appellate Aythority shall be final .-=:e::--.. '! .,y--'" , /;,,'.ij:~ ,',. 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 notfiling it within thatperiod. 19. Appointment of Appellate Auth~rity.• (1) The Government ~ali constitute an Appellate Authority having power to hear and decide 21 :' appeals against the order passed by the Regulatory Authority under,this Act (2) The terms 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 consist of one. Chairman, one administrative and one technical. - -- --, - - -- -.. . -, - - -. - ' member for the purposes or"thls Act. The Chairman of the Appellate Authority shall be drawn from the pool of retired officers having served. . -- ~ not below the rank of Secretary to the Government of India. (2) The administrative member shall be a person of eminence in public . . , ' law, management, administration or governanc~. life having wide knowledge and experience of not less than twenty five' • years in the.field, namely, public. policy, public affairs, social services, C' ~'""'\ (f~, ,>, ,'J c.~ ,; h:tJ\jJ',g,'i,\-. '\,,~. ""~ (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 [n his field of not less than twenty five years:, Provided. \hai no' member of an Appellate Authority shall be a Member:of Parliament or Legislature of any State 01' Union:territory nor shall hold any office connected with any po!ltical party. 22 21. Procedure of hearing appeal: • (1) While hearing appeal, the Appellate. Authority shall be guided by the principles of natural justice and shall grant opportunity of hearfnq to the parties concerned. (2) The Appellate Authority shall have the power to".call for a~d summon the records of the case 'decided by the Regulatory Authority 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 back-to it with dlrectlon to pass a fresh order. (3) The Appellate Authority shall not be bound by the Cod'; 'of Civil Procedure, 1908 (5 of 1908) ortheEvidence Act; 1872 (1 of 1812) and . ' . .~" may prescribe its own procedure of hear-ing the appeal. «r' 'E'\\ , ~\t ;:)y 22. Remuneration and alt~wances • The Chair~erson and membe;~ , ' . " of the Appellate Authority shall be paid such remuneration and allowances as prescribed by the Government in accordance with the nues made under this Act, 23 CHAPTER-VIII MISCEL.LENEQUS , 23. Power to issue direCtions.~-·"'-TheGovernment may fr~m time to time, issue to the RegulatoryAuthority such directions as, in its opinion, may be necessary or expedientfor carrying. out the purposes ofthisAct and it sn2'1 be the duty of the Regulatory Authority to comply yvith such.. . ~ directions. 24. Protection of action taken in good faith.-No suit, prosecution or other legal proceedings shall l1e' against the Government, Regulatory Authority and Appellate Authority 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 this Act,.the rules and.. regulations made ,- "'~ - .' • thereunder. 25. Power of Government to make rules. - (1) The Government may, by notification, make rules to carry outthe provisions of thiS Act. ;' (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the fpllowing matters, namely: (a) terms pertaining to framing' -of revenue "model' governing 24 I I ; charges, fees, costs and the like to be levied upon ttie line departments, local bodies, public authorities, public and private authorities and citizens of India; ,I,',: • (b) the conditions: to be inserted in the service level agreements or other agreements. with the line departments, local bodies, public .authorities, public and private authorities; ',- . 'f (c) application and' procedure governing generation of unique identification number 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 restricted and,un-restricted ; " (e) terms of appointment of Reguiatory Authority and Appellate Authority, their respective salaries, remuneration, allowances etc. as applicable there to; . ~':~:)) \~ (f) any other matter ~hich is require.d to be, or maybe prescribed. . 26. Power of Re~ul~tory Authority to make regulations.- (1) The Requlatory Authority may, " with the approval of the Government, make requlations not in consistent" with t!l"~" provlsronsot. this Act, to carry out 25 qll e.. • , - - - the provisions of this Act (2) . In particular, and wit~ o.ut- prejudice to the generality, of the foregoing power,such ',regulationS'",may- provide- -tor-au or anyor the following matters, namely: (a) fixing terms, quailfications "and experience for the appointment of supporting staff, officers, consultants, experts, advisors; " (b) procedure governing adjudication of dispute between and among the line departments, local bodies, public authorities, private and public aqencles ; . (c) the procedure governing, enquiry-and imposition of penalty as a disciplinary authorlty: r:» I, .., ,c:.\\ ;.:,),\1 J <:» (d) the manner and the forms of giving notice u;der the Act; (e) any other matter which is required to be, or rri'ay be prescribed. , .. ' (3) The maximum" penalty, however, that may be imposed by the Regulatory Authority shall not exceedten thousand rupees per default 26 • '27. Laying of rules and regulations' R Every rule made ~nder.this ,, :', 'ii. Act by the Government anti every requlat'on made by the Regulatory Authority thereunder shall be-laid. as soon as may be after it is made, . ' before the' Legis-lativeAssenibl~~;'fDelh'i:'whj'ie'i't'i'~"i~- session, "for. a total period of thirty days wnJch rnaybe comprised in one session, or in two or more successive sessions, and if before the expiry of session immediately following the session of the successive sessions aforesaid, the Legislative Assembly agrees ,in making any, modincation.tn 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 prejudice to the validity.. of anythingpreviqusly done under that rule or . --. , . regulation. ·r~\ ~ 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 inconsistent with the provisions' of this Act as appear to it to be necessary or expedient for rernoving the difficulty : Provided that no such order shah be .maoe after the expiry of a peD?d of two years from the date ~n which this Act comes into force. 27 (2) Every order made under this section shall, as soon as may be after it is made, be laid before the Legislative Assembly. ~--~ \DV~<:» ,, , ' ,, 28 • SCHEDULE [See section 41 !S.No. Lim Departments/Local Bodies/Public Authorities/Public or , I Private Agencies rendering services of 'public utility 1. Dei:-li Fire Services 2. Det artrnent of Excise, Entertainment and Luxury Tax [ 3. De:-,artment of Environment, Forests and Wildlife ~ 4. Decartment of Health and Family Welfare 5. Decartrnent of Trade and-Taxes 6. Directorate of Census.Oceration Delhi . 7. Directorate of.Educetion " 8. lrrication and Flood Control Deoartment I 9. Off'ce of the Chief Electoral Officer. De'hl . I 10. Officeo{ tKe Labour Oommlssioner 11. Office of the i"teQistrar Co-ooerative Societies 12. Puolic Works Department 13. ·Re:.Jenue Deoartment 14. De'hi Disaster Manaaernent Authority , 15. Deihi Pollution Control Comrni1\ee 16. Delhi State Industrial & Infrastructure Oev. Corporation Limited 17, Delhi Tourism and Transportation Development Coreorati~n limited 18. Delhi Transcc Limited - ,. 19. Delhi Transport Corporation ' ,, 20. DeUli Develooment Authoritv 21. De:'ni Jal Board . ~. 22. Mi,,:nrtloal Corooration of Deihi 23. NEW Delhi Municioal Council "" "24. Delhtlnteorated Multi"Modal Transit Svstem Limited , 25. Delhi Metro Rail Corooration Limited 26. lndraoarastha Gas Limited 27. Mahanaoer Telephone Niaam Limited 28. North Delhi Power Limited " ,29. Yamuna and Rajdharu BSES Power Limited ' " , i "--.",.~.. -":-""'.'..\"'1'-, w-" 'I }-' .I.'~- \J'A \. .s." ." -;»-~ \j ~ -r t ~.d~ \,'-f 1~ . {Tarwi SllIlrawat) Add!. Secretary (Law, Justice & L.A.)