The 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, 2011
No.F.14(Z)/LA-2011/ ,kio.\<'II~ .- The following Act of the Legislative Assembly of the
National Capital Territory of Dethi received the assent of the Lt. Governor of Delhi on the 6
th
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)
/
.' I
[6th April, 2011]
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.
WHEREAS the iYlinistrj' of' Space and Technology, Department of Science and
Technology (National Disaster Management Services Division), Government 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;
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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
includingland revenuerecords, 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, Goverrunentof India, in pursuance of the Cabinet
Decision no. 1302 dated 13-11,2007 of the Government of National Capital Territory of Delhi;
. AND WHEREAS the Delhi Geo-Spatial Data and its 1nfonnation can be applied and
utilized for better planningand 'management as part of good governanceby the departments,
corporations, boards of the Government of National Capital Territory of Delhi; local bodies;
publicauthorities;publicand private agencies renderingservicesof publicutilitiesin Delhi;
,
BE it enactedby the Legislative Assemblyof the NationalCapitalTerritoryof Delhi in
the Sixty-'second Year' of the Republicoflndiaas'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 contextotherwiserequires,-
. <a) "Appellate AuthOrity" means the' authority appointed in accordance." . . '. .,.
with section'19 of this Act;
.
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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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(g) "geo-spati.al applications" include the applications developed to
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th,e Government;
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use the ,_geo_spatialdata to cater to specific governance needs of
on an identified system of a control centre or a monitoring,centre;
"'~
.(1) "geo;,;drtal" nieans thaDalhi gao-,fpatia(map sarvar.or- software,
application for access of ge<rspatial data and applic~ionsesidirlgt,'·, .,.
ae;tivityand 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;
(e) Mdevelopment activity"- includes construction activity, excavation. .
(h) "geo-spatialdata"jncludes3·dimensional Geo-spatial information
,. .'/~"C'-
system inclUding land .informationsystem; 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
technology equipments for the control centres and monitoring'~
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anypubli9'·;\4,thority, municipality, Delhi,,,--.,.'-.' "
Delhi Jal,Boa~~,~'::, Town Planning Authority,.
haVing right to aCCess the base map through,access
,'..,
agency;
dataap'plications;surveillancesystem and:;'9therallied informatioQ
department, lOcal body, public authority, public and private
or 3-dimensionalvisualizationof the projectedarea;, . .
."centres with appropriate finking mechanism to the' _line
(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,icmodel 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
C.onstitution;
'·-.::.:-'.:i :.",·:'-':-ih>,"
0) 'geo-spatial system" includes all the hardware, software, spatial';1. "
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(0) "notification" means a notification pUblishedin the official Gazette;
protocol camera..• -',;archive olthe data collected through internet
instailedorthrough any other mode:
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 utilitywi~jn the territoryof Delhi
or to contr.ol ot manage or to regulate civic services within a­
speclfiedlocai'area;-
;;,..-",.. , ".,- - ''---
(n) "monit,orj'ng centre" means the mohltoriri"g:~bentre estaBlished. in, ,",',
Deihl 'for monitoringlive archiVes,buildings.r,eal estal~ ~rd otllzr;f'
assets. 'for: change detection' in a,~hieving and creating a local
,.', ,'"
(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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include services.. of water, sewe~_ge, electricity
•Data.,I'legulatory
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Authority constituted under section .12 of this Act;. ~
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no~fication;
financed directly or indirectlY by fwnds provided by the
Government; and (c) an of\lanization or body corporate in its
capacity as an ii1Strumentality"··ofState as defined unqer article 12
of the Constl,tutionofIndIa, renderingservicesof public utility ;
,<':i,~.'~t,;,~ -;
sp~tlaldata base of on the ground, underground or over ground
,'b>Y;~~*- j';~.{' .. •. .
',u,W!ties',suchas 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. ~:
(r) "regulation" m~~nsaregulation ~ade by theRegulatory Authority
, under th!~Act. by notification;
"c'" ,
(v) "utility mapping'" Includes.the mapping and creation of a geo··
(u) ·Schedyle" meMs the Schedule appended tothiiAct;
(s) "Regulatory Authority" means the Delhi Spatial
. ., ._, --··':.r
. (t) ~rule" means a rule made by the Government under this Act, by
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'ndsecurityafge6 Sspatiaidata,
-. ..:. '.... ., .. ,;;;:~,o,
(cjL, Iink,,~~,e,ir respective ettnbute deta to the, geo-spallaldata and'~eo-
.';'; ,,'."'.... . ..
prQvi.sj6~sof this Act;
SP,r~$J~~"'IJ1f:lP created, maintainedand managed in'accardancewith
, ",,"~.',',,<r ",'
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MANDATORY SHARING.,ACCESSING,UTILIZATION AND._ ,.':.::.:.'- '-, " ">J.~:J'.\,,' ..
,UPDATION OF GEQ-SPATIAL DATA
(b) utilise the geo-spatial dele and geo-spatiel mep for praper co­
ordinated' plenning, manegement and delivery of the venous
'servlces:",'-re'ridered,as a part of 1heir administrativeand statutory
(e) ensure thet verious geo-spetiel data attributes pertaining to'them
are uploeded in.the geo-spatieldele be~e;
shell-
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spatial data. - Every 'line'department; locel body, pUblic authority,
....-·v .- . ~~
private .~nd pU9Aj('agency rendering services"-of pubfic'utility if;'i~[)elhi
.- .,
3.Mandatory sharin"g"accessing. utilization and updation of ~eOf{
CHAPTER-II
""'.,"functions;
.. .:,
,<.t;, \·fHl':;'iJ,,;.,::·.. -;_:h'_';;"r'~" ,,:n".'.' .,_ .
, rCUpd'lte,'~heir respective attribute"date continuously on real time
"'-"""'='?'{(:"'''61i;;i$~''far''tip:detion of, geo spatiel deta erid', geo-spatial map
created~ ,:, maintained and ma'naged in accordance with the
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
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r"commendati9" of the Regulatory Authority from,time'to time.
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CHAPTER·IV
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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 including 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~<!nlsoftware,.produced ~nd used
in th~ D~.lhi Sp,atial Dal<llnfrastructure project; ~.
(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 consultancyto the GovernJ£rit
and the Government of India for better co-ordinated pi~n~i~6,
~,~~~,~'- . ,
utilizationand maintenance of the resources''. .
•,':. '.-, ,<>
)'\~:~),~:;;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 ~ND ACCESS OF THE DATA
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8. Access of gl8:o·spatialdata by the line departments, local
bodies, pUblic authorities, public and,private agencies and general
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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. ' _
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(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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agencies, and the like :,
Provided further that the Govemment shall abide by the
(2)' The company may authorize the line departments, local bodies,
public authorities, pUbllc'2md private agencies to have 'a~~ess through
made from time to time regarding di,l>play of information in . pUblic
domain, to private individual, pUblic'and private agencies, and the like.
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
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
,
Act, to the public ingeneial, private individual, public and private <
serv·lces.of public utility in Delhi to achieve the objective of this Act.
local ·body, 'public authority,public and prryate' agenCY":~ehd~'~ing
rules m'ade un(j'er this Act:
,
(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
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policies, guidelines, rules, regulations, etc. of the Government of India,
secured password and the ,like to the geo-spa'tial data,.:'geo-spati5i1map,
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) Every line deparjmenl local body, pUblic authority, pUblic and
<:J .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).
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CHAPTER'vi'
14.
these are 'approved by the Board.
APPLICATION AND UTILITY OF THE GEO-SPATIAL DATA
Provided that all such schemes shall be put by the. company
-development work in Delhi. The line department, ,l.ocal body. public
a"uthoritYor 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
(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 on"ce
10. Applicalion and ulilily of the geo-spalial data. - (1) The
Government shall, with the consultation of the company, formulate the
variousgeo- spatial appliCations to use thegeo~spatial data and geo-.., .
spatial map in accordance with the scheme of this A~t and th~. rules and
.regulationSframed thereunder:
project. of development with the progre~s of the:work of development
identifiable by the unique identification number so generated and
obtained ~:mline in accordancewith rules made ullc;lerthis Act.
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(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 applicationfee shall be
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Jn~A'e;. ulynotifiedby a notification.
'\l~ w~_ .',
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(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 underthis 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
constitutethe Regulatory'Auth~Mty having followingmembers,namely ;-
,
,
<a) Chief Secretaiy of the Government, ex10fficio Chairperson;
"",,=,qc) Secretary, Department Of Financeithe Government member'• '. " • . .,. >
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(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.
rDS·v" " '~,\ S;,
~_ . Salaries and allowances. ~ The terms and conditions, salanes and
'allowancespayable to' the persons appointedunder section 13 shall be
such as may be prescrlb.ed'byf!-!Ies by the Government:
Provided that the Government shall provide .. \0 the RegUlatory
Authorltywith such offj~ers, consultantsand employeesas it may deem ~
necessaryfor'the·efficientperformanceof its furi~tion underthis Act.
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16. Powers, functions and duties of Regulatory Authority. :-Subject
to the provisions of this Act, the Regulatory Aut,hority s~,al~ have the- ' ,
responsibilities for laying down policies, plans and gUidelinesin respect
of the following matters, namely:- .
<a) monitoring the geo-spatiaisyst"ms as ,createdby the Govemment;
(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··incase ofbn§~c!l oJ.~~fety code by
line departments, local. bodies, public authorities, public a'}d
private agencies rendering services of publicutilityin o'elhi and the
public or its respectiverespons!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,tionsmade 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,
R~gul~tQry 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
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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.
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~)~ , 4) The RegUlatory Authority shan pass a speaking order containing
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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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and binding:
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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. ". .
Authorityis competentand empowered under'thisAct.
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 constitutedfor this purpose under this
Act, within a period not exceedingthirty days from the date of the receipt
, ,
of the impugned order, The order of the Appellate Aythority shall be final
.-=:e::--.. '! .,r--." ,
;<",;{j:~,',. 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 sufficientcause 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
21
:'
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)lateAuthority
shall consi;:;tof Oily'Ch9irrnan, one admj~istrative and o~~ technical
member for the purposes .atthis Act. The Chairman of the Appellate
Authority shall be drawn from the pool of retired officers having served. . .. A
not below the rank of Secretary to the Gover~ment of India.
(2) The administrative member shall be a person of eminence in public. . , '
law, management, administration or governanc~.
life having wide knowledge and experienoe of not less than twenty five' •
years in the.field, namely, public.policy, public affairs, social services,
C'
~'""'\
(f~, ,>, ,., c.~ ,\\.\:tJ\jJ',g,'),\-.
'\,.~.
""~(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 than 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 politicalparty.
22
--------
.'
21. Procedure of hearing appeal: • (1) While hearing appeal, the
Appellate. Authority shall be guided by the principles af natural justice
and,shallgrant opportunityof heal"ingto the partiesconcerned.
(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 prescribeits own procedureof hear-ingthe 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'thlsAct..
23
CHAPTER-VIII
MISCEL~ENEOUS
23. Power to issue direCtions.~-·"'-The Governrrle"ntmay fr~m ti'me to
time, issue to the RegulatoryAuthority such directionsas, in its opinion,
may be necessary or expedientforcarrying. out the purposes oHhisAcl
and it S[;2" 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 proceedingsshall lie' against the Government, Regulatory
Authorityand Appellate Authori~y or any' memb~.r or ?fficeror 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 provisionsof 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
I
charges, fees, costs and the like to be levied upon t~e llne
dep-art~ents, Ipcal bodies, pubtib authorities, public and private
authorities and citizens of India;
qlle..---
; . -.' ~--.
,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 ~he approval of the Government, make
regUlations not i~ consistent" with th"~" proxi~jons.of. thOls Act, to carry out
25
•
,
----- - - - -----
the provisionsof 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
followingmatters, namely:-
(a) fixing t~rms, quailfications"and experience for the appoil}tment
of supportingstaff, 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
-
disciplinaryauthority-; /"~=.:.:;''\
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. "".:..~
(d) the manner and the forms of giving noticeunder-the Act;
(e) any other matter which is required to be, or ni~y be pr~scribed.·,
(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
,,
:',
'ii.
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,mprisedin one session, or in two or
more successive sessions, and jf before the expiry of session
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 the va1i9ity.. of anythingpreviqus[y 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 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.
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~\,=,,,/
-,,~
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,.
.,
•
'.
SCHEDULE
[See section 41
!S.No. Lin',:; Departments/Lo'cal Bodies/Public Authorities/Public or
,
I Private Agencies rendering services of 'public utility
1. Dei;-li Fire Services
2. De::artrnent of Excise, Entertainment ahd Luxury Tax [
3. Ds:-.artment of Environment, Forests and Wildlife ~
4. Decartment of Health and Family Welfare -
5. DeGartment of Trade andTaxes
6. D.irectQrate of Census_Ooeration' Delhi
. 7. O"irectorate of. Education .
8. lrriqation and Flood Control Deoartment I
9. Of'oe of the Chief Electoral Officer, Delhi· I
10. Office oftKe Labour Oommissioner
11. Office of the i"teQistrar COpoperatlveSocieties
12. PU;"llicWorks D"cmartment
13. ·Re:.Jenue Deoartment
14. De'hi Disaster Manaaement Authority ,
15. Delhi Pollution Control Committee
16. Delhi State Industrial & Infrastructure Dev. Corporation Limited
17. Delhi Taurism and Transportation Development Coreorati~n Limited
18. De\hiTransco Limited - ,.
19. Delhi TransoQrt Corporation
,
<
20. De:.tliDevelooment 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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}-' .I.'~- \J'A \. .s." ." '-..fi _~
\j ~_-r t
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. (farwi SllIlrawat)
Add!. Secretary (Law, Justice & L.A.)

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