Full Text
REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-16052025-263155
EXTRAORDINARY
PART II-Section 3-Sub-section (i)
PUBLISHED BY AUTHORITY
No. 272]
NEW DELHI, FRIDAY, MAY 16, 2025/VAISAKHA 26, 1947
MINISTRY OF COMMUNICATIONS
(Department of Telecommunications)
NOTIFICATION
New Delhi, the 16th May, 2025.
G.S.R. 315(E).— Whereas a draft of the Telecommunications (Standards, Conformity Assessment
and Certification) Rules, 2025, which the Central Government proposes to make in exercise of the powers
conferred by section 19 read with clause (zj) of sub-section (2) of section 56 of the Telecommunications Act,
2023 (44 of 2023), was published as required by sub-section (1) of section 56 of the said Act vide notification
of the Government of India in the Ministry of Communications, Department of Telecommunications number
G.S.R. 82(E), dated the 29th January, 2025, in the Gazette of India, Extraordinary, Part II, section 3, sub-
section (i), dated the 29th January, 2025 inviting objections and suggestions from the persons likely to be
affected thereby, before the expiry of the period of thirty days from the date on which the copies of the
Official Gazette containing the said notification were made available to the public;
And whereas copies of the said Official Gazette were made available to the public on the 29th
January, 2025;
And whereas the objections and suggestions received from the public in respect of the said draft rules
have been duly considered by the Central Government;
Now, therefore, in exercise of the powers conferred by section 19 read with clause (zj) of sub-section
(2) of section 56 of the Telecommunications Act, 2023 (44 of 2023), and in supersession of rules 528 to 537
of the Indian Telegraph Rules, 1951 relating to testing and certification of telegraph, except as respects the
terms and conditions of existing standards, essential requirements, interface requirements, security assurance
requirements, specifications, testing requirements or conformity assessment, or exemptions thereof, issued
by the Central Government prior to the date of coming into force of these rules, which shall continue to apply
till such time as the Central Government supersedes the same by issuance of a notification under section 19
of the said Act, the Central Government hereby makes the following rules, namely:-
1. Short title and commencement.- (1) These rules may be called the Telecommunications
(Framework to Notify Standards, Conformity Assessment and Certification) Rules, 2025.
(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 Telecommunications Act, 2023 (44 of 2023);
(b) "Appropriate Authority" means the authority designated by the Central Government under rule
4;
(c) "conformity assessment” means any procedure used to demonstrate and determine compliance
with notified standards;
(d) "Conformity Assessment Body” (CAB) means the person recognised by the Appropriate
Authority under rule 6 for the purpose of conformity assessment under these rules;
(e) "essential requirements" means a set of parameters or standards or specifications or security
requirements as may be notified by the Appropriate Authority from time to time;
(f) "license" means a license, registration or permission, by whatever name called, granted under
the Indian Telegraph Act, 1885 (13 of 1885) for provision of telecommunication services or
telecommunication network, and the term "licensee” shall be construed as the holder of such
license;
(g) “portal" means the portal which may be notified by the Central Government under rule 13;
and
(h) "standard" means a document issued by the Appropriate Authority which lays down the
characteristics, related processes, codes, specifications, essential requirements, recommended
practices, classification, test methods and procedures, in respect of any or all aspects specified
under section 19 of the Act.
(2) Words and expressions used in these rules and not defined herein but defined in the Act shall have
the meanings respectively assigned to them in the Act.
3. Objective.- The objective of these rules is to provide a framework within which the Appropriate
Authority may notify standards and conformity assessment measures in respect of any or all aspects specified
under section 19 of the Act.
4. Appropriate Authority.– (1) The Telecommunication Engineering Centre and the National Centre
for Communication Security, under the Department of Telecommunications, Ministry of Communications,
Government of India, shall be the Appropriate Authorities for the purposes of these rules.
(2) The Central Government may also designate any other office or authority, to be the Appropriate
Authority for the purpose of notification of standards and conformity assessment measures for specified
telecommunication equipment or any other aspect of section 19, subject to any terms and conditions as it may
specify.
5. Notification and review of standards and conformity assessment.– (1) The Appropriate Authority
shall ensure prior publication of the draft standards and draft conformity assessment measures in the portal,
so as to allow for a consultation process of at least sixty days to enable all stakeholders to provide their
comments, which shall be taken into consideration before finalisation of such standards or conformity
assessment measures.
(2) The condition for prior publication and stakeholder consultation under sub-rule (1) shall also apply
to revisions or amendments to published standards or conformity assessment measures:
Provided that the condition for prior publication under sub-rule (1) shall not apply where the
Appropriate Authority undertakes rectification of typographical mistakes or errors apparent in any notified
standard or conformity assessment measure, which are not substantive in nature.
(3) The Appropriate Authority may, notwithstanding sub-rule (1), notify a standard or conformity
assessment measure on a provisional basis without prior consultation process, where it determines, for
reasons to be recorded in writing-
(a) that such notification is necessary to expeditiously achieve a policy objective; or
(b) the risks of non-fulfilment of such objective, if such notification on a provisional basis is not
undertaken:
Provided that the Appropriate Authority shall within a period of sixty days of such notification,
undertake a consultation process, and take into consideration stakeholder comments for either finalising the
standards or conformity assessment measures with or without modifications, or withdrawing such standards
or conformity assessment measures.
(4) The Appropriate Authority shall review the notified standards and conformity assessment measures,
at least once in five years, to determine the need for revision, amendment or withdrawal of such standards,
in accordance with these rules.
(5) Any standard notified under these rules shall be effective from the date specified therein:
Provided that in case of a notification for revision or amendment of an existing standard, the
Appropriate Authority may, by order, permit the concurrent operation of such revised or amended standard
along with the existing standard for such period as may be specified in such order.
Explanation.- In this sub-rule, "existing standard” means a standard which is in effect on the date of
notification of revision or amendment to such standard.
6. Recognition of Conformity Assessment Bodies.– (1) The Appropriate Authority may recognise a
laboratory in India or, in public interest, a laboratory in any other country, other than those with which India
shares a land border, which is accredited under the International Laboratory Accreditation Cooperation, as a
Conformity Assessment Body for carrying out conformity assessment of standards notified under section 19
of the Act.
(2) The Appropriate Authority may specify, from time to time, guidelines for the recognition,
suspension, withdrawal or renewal of recognition of Conformity Assessment Bodies:
Provided that the recognition of a Conformity Assessment Body shall not be suspended or withdrawn
without giving a reasonable opportunity of being heard to the relevant Conformity Assessment Body.
(3) The Appropriate Authority shall publish on the portal, a list of Conformity Assessment Bodies
recognised by it.
7. Application to obtain Certificate of Conformity Assessment.– (1) The Certificate of Conformity
Assessment may be issued by the Appropriate Authority or any certification body designated by the Central
Government, and the Appropriate Authority shall publish on the portal, a list of such certification bodies.
(2) Every person to which a notified standard applies shall, at its own cost-
(a) ensure compliance with the conformity assessment measures in respect of an applicable
standard; and
(b) make an application to obtain a certificate of conformity assessment, as may be required in
respect of the relevant standard, to the Appropriate Authority or to any certification body
specified under sub-rule (1), in the form and manner and subject to payment of fees as may be
specified by the Appropriate Authority.
(3) The Appropriate Authority or the certification body, as the case may be, shall-
(a) undertake assessment of the application for conformity assessment in accordance with the
timelines and procedure as specified on the portal by the Appropriate Authority; and
(b) based on such assessment, issue the certificate of conformity assessment for a validity period
as may be determined by the Appropriate Authority.
(4) The certificate of conformity assessment may be renewed in the manner and subject to compliance
with the procedures and on payment of such fees as may be specified by the Appropriate Authority in this
behalf.
8. Compliance obligations.– (1) Every person to which a notified standard applies, shall ensure that
the details of such standard, including the Certificate of Conformity Assessment, is displayed in such
manner as may be specified by the Appropriate Authority.
(2) No telecommunication equipment to which a standard applies, shall be sold or deployed in any
telecommunication network, or otherwise be used in India, unless it has a valid Certificate of Conformity
Assessment.
9. Exemptions from conformity assessments.- (1) The following shall be exempt from the
requirement of conformity assessment under these rules, namely:-
(a) telecommunication equipment imported into India for the purpose of carrying out research and
development or demonstration or testing of samples in India or through regulatory sandbox,
subject to compliance with relevant rules and procedures for such research, demonstration or
testing or regulatory sandbox; and
(b) telecommunication equipment brought into India by a person for personal use in India and that
is not otherwise prohibited to be imported or used under the Act or any other law for the time
being in force.
(2) Where a notified standard applies in respect of a telecommunication equipment, recertification of
such telecommunication equipment shall not be required in the following cases, namely:-
(a) where the model or brand of such telecommunication equipment is not different in any manner
from that certified by the Appropriate Authority; and
(b) where such telecommunication equipment complies with changes to any labelling
requirements as notified by the Appropriate Authority from time to time.
(3) The Central Government may, from time to time, notify exemptions from the requirement of
conformity assessment, in addition to those specified under sub-rule (1) and sub-rule (2).
10. Procedure by an authorised entity or a licensee in respect of telecommunication equipment
without a valid Certificate of Conformity Assessment.– (1) An authorised entity or a licensee shall, upon
becoming aware that a user of its telecommunication services is using telecommunication equipment that
does not have a valid Certificate of Conformity Assessment, issue a notice in writing to such user seeking
discontinuance by the user of such telecommunication equipment within a period of seven days from the
date of issuance of the notice.
(2) Where a user, upon receipt of a notice under sub-rule (1), does not discontinue the use of the
uncertified telecommunication equipment within seven days from the date of issuance of such notice, the
authorised entity or licensee, shall suspend the telecommunication service or connectivity to the
telecommunication network of such user and inform the Central Government in writing of such
discontinuance.
11. Inspection and monitoring.- (1) The Appropriate Authority, or any officer authorised by the
Central Government for this purpose, may from time to time inspect and monitor compliance with the
requirements of these rules.
(2) Any person to which a relevant standard applies, shall ensure access to the Appropriate Authority,
or any officer authorised by the Central Government, to its premises for the purposes of such inspection
and monitoring and provide information as may be sought in respect of the relevant standard or conformity
assessment measure.
12. Procedure in relation to contravention of standards relating to telecommunication
equipment.- (1) If the Appropriate Authority, or any officer authorised by the Central Government for
inspection and monitoring under these rules, obtains information during the course of inspection or
otherwise, that telecommunication equipment to which a standard applies is not accompanied by a valid
Certificate of Conformity Assessment, it shall issue a notice in writing to the person in possession of such
equipment to cease from offering for sale or distribution, or using such equipment in any manner, and the
recipient of such notice shall comply with such notice within seven days from the date of receipt of such
notice.
(2) The recipient of a notice under sub-rule (1), may, subject to compliance with relevant conformity
assessment measures in respect of the relevant telecommunication equipment, apply for Certificate of
Conformity Assessment in the manner specified under rule 7, upon payment of ten times the fees as may
be specified in pursuance of sub-rule (2) of rule 7, and if such certificate is obtained within one hundred
and eighty days of the notice under sub-rule (1), it shall inform the Appropriate Authority in such form as
may be specified by the Appropriate Authority for this purpose, and be entitled to sell, distribute or
otherwise use such equipment.
(3) The Appropriate Authority may initiate legal proceedings for the seizure or destruction of
equipment that are used in contravention of sub-rule (1) or sub-rule (2).
13. Digital implementation of these rules.– The Central Government, in furtherance of section 53 of
the Act, may notify one or more portals for the digital implementation of these rules, including for
specification of the standards and conformity assessment, procedures for compliance, fees and charges,
notices of non-conformity, and to disseminate any orders or directions made under these rules by the
Appropriate Authority.
[F.No. 24-13/2024-UBB]
DEVENDRA KUMAR RAI, Jt. Secy.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.
GORAKHA NATH YADAVA Digitally signed by GORAKHA NATH YADAVA
Date: 2025.05.16 15:21:54+05 30