Notification of draft Temporary Suspension of Telecommunication Services Rules 2024

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-29082024-256731 EXTRAORDINARY PART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY No. 480] NEW DELHI, WEDNESDAY, AUGUST 28, 2024/ BHADRA 6, 1946 [F.No.24-05/2024-UBB] MINISTRY OF COMMUNICATIONS (Department of Telecommunications) NOTIFICATION New Delhi, the 28th August, 2024 G.S.R. 519(E).—The following draft rules, which the Central Government proposes to make in exercise of the powers conferred under clause (b) to sub-section 2 of section 20, read with clause (t) to sub-section (2) of section 56 of the Telecommunications Act, 2023 (44 of 2023), are hereby published for the information of all persons likely to be affected thereby and notice is hereby given that the said draft rules shall be taken into consideration after the expiry of a period of thirty days from the date on which copies of this notification as published in the Official Gazette, are made available to the public; Objections or suggestions, if any, may be addressed to the Joint Secretary (Telecom), Department of Telecommunications, Ministry of Communications, Government of India, Sanchar Bhawan, 20, Ashoka Road, New Delhi - 110001; The objections or suggestions which may be received from any person with respect to the said draft rules before the expiry of the aforesaid period shall be taken into consideration by the Central Government. 1. Short title, commencement and savings (1) These rules may be called the Temporary Suspension of Telecommunication Services Rules, 2024. (2) They shall come into force on the date of their publication in the Official Gazette. (3) These rules shall be in supersession of the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 and Temporary Suspension of Telecom Services (Amendment) Rules, 2020 under Indian Telegraph Act, 1885, but shall not override the terms and conditions of existing orders relating to suspensions under those rules, which shall continue to apply till the date of expiry of the time period for suspension as specified in such order. 2. Definitions (1) In these rules, unless the context otherwise requires: (a) "Act" means the Telecommunications Act, 2023 (44 of 2023); (b) "competent authority" means the Union Home Secretary in the Ministry of Home Affairs in the case of the Central Government, or the Secretary to the State Government in-charge of the Home Department in the case of a State Government; (c) "nodal officer" means any officer designated by an authorised entity for the purpose of these rules; (d) "review committee” means the committee constituted under rule 5 of these rules; (e) "rules" means the Temporary Suspension of Telecommunication Services Rules, 2024; and (f) "suspension order" means an order for temporary suspension of telecommunication service or any class of telecommunication services, issued by the competent authority under sub-rule (1) of rule 3 of these rules. (2) The words and expressions used in these rules and not defined herein but defined in the Act shall have the meaning assigned to them in the Act. 3. Temporary suspension of telecommunication services (1) The directions to suspend any telecommunication service or any class of telecommunication services under clause (b) of sub-section (2) of section 20, shall only be issued by a suspension order in writing, by a competent authority: Provided that, where, due to unavoidable circumstances, it is not feasible for a suspension order to be issued by the competent authority, such suspension order may be issued by an officer not below the rank of a Joint Secretary to the Central Government, who has been duly authorised by the competent authority: Provided further, that a suspension order issued under the first proviso to sub-rule (1) shall be subject to its confirmation by the competent authority, within twenty-four (24) hours of issuance of such order, failing which the suspension order shall cease to exist. (2) Any suspension order issued under sub-rule (1) shall be published, and: (a) clearly state the reasons for such order; and (b) be limited to: (i) addressing the specific reasons for such order; (ii) clearly defined geographical area/s; and (iii) a specified duration, not exceeding fifteen (15) calendar days. (3) A copy of the suspension order issued under sub-rule (1) shall be forwarded to the concerned review committee within a period of twenty-four (24) hours from the issuance of such order. 4. Designation and duties of nodal officers (1) Each authorised entity shall designate a nodal officer for every service area, or state or union territory, to receive and implement the suspension order. (2) Any suspension order shall be communicated in writing or through a secure electronic communication, to the nodal officer, by an officer not below the rank of Superintendent of Police. 5. Constitution and working of the review committee (1) The Central Government shall constitute a review committee, consisting of the following members: (a) Cabinet Secretary -Chairman; (b) Secretary to the Central Government In-charge, Legal Affairs - Member; and (c) Secretary to the Central Government, Department of Telecommunications -Member. (2) The Government of each State shall constitute a review committee, consisting of the following members: (a) Chief Secretary of the State -Chairman; (b) Secretary Law or Legal Remembrancer In-Charge, Legal Affairs -Member; and (c) Secretary to the State Government, other than the Home Secretary -Member. (3) The concerned review committee constituted under sub-rule (1) and sub-rule (2) shall meet within five (5) calendar days of issuance of any suspension order, and record its findings as regards whether the suspension order is in adherence with clause (b) to sub-section (2) of section 20 of the Act. Where the review committee is of the opinion that the suspension order is not in adherence with clause (b) to sub-section (2) of section 20 of the Act, it may set aside such order. [F.No.24-05/2024-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.