In exercise of the powers conferred by Section 433 read with Section
317A of the Madhya Pradesh Municipal Corporation Act, 1956 (No. 23 of 1956) and
Sections 355 and 356 of the Madhya Pradesh Municipalities Act, 1961 (No. 37 of
1961), the State Government, hereby, makes the following rules, namely: (1) These rules may be
called the "Madhya Pradesh Nagar Palika (Installation of Temporary
Tower/Structure for Cellular Mobile Phone Service) Rules, 2012. (2) It extends to all
municipal Corporations and Municipalities and Nagar Parishads of the State of
Madhya Pradesh. (3) It shall come into
force from the date of its publication in the Gazette. In these rules,
unless the context otherwise requires. (1) "Act" means
the Madhya Pradesh Municipal Corporation Act, 1956 (No. 23 of 1956) and Madhya
Pradesh Municipalities Act, 1961 (No. 37 of 1961); (2) "Applicant"
means any applicant so authorized by any institution or company which has been
licensed by the Government of India for providing mobile services or has been
authorized and registered to develop telecom infrastructure (I.P.-I) and for
this purpose the applicant wishes to construct temporary Tower/Structure within
the limits of any Urban Local Body; (3) "Commissioner"
means Commissioner of Municipal Corporation; (4) "Chief Municipal
Officer " means Chief Municipal officer of Municipal Council or Nagar
parishad; (5) "Competent
Authority" means Municipal Commissioner in case of Municipal Corporation
and Chief Municipal Officer in case of Municipal Council and Nagar Parishad; (6) "Form"
means the form appended to these rules; (7) "Government"
means the State Government; (8) "urban
area" means a territorial region which comes in the jurisdiction or
authority of any Municipal Corporation, Municipal Council or Nagar Parishad; (9) "urban
body" means the Municipal Corporation, Municipal Council or Nagar Parishad
in existence for any urban area; (10) "occupier"
means the owner of any land or building; (11) "permission"
means any permission pertaining to these rules; (12) "public
place" means a space, not being private property, which is open to the use
or enjoyment of the public whether such space is vested in the Municipal
Corporation/Municipality Council/Nagar Parishad or not; (13) "tower"
means any structure being constructed/erected/prefabricated structure/shelter
and necessary equipments required to be installed for operation of Cell Phone
Telecommunication System that is Diesel Generator Set, Solar system etc. (a) All types of
Residential/Multi Storey Building/Group Housing Buildings. (b) All types of
Industrial/Commercial Buildings. (c) All types of
Institutional Buildings excluding school and hospital buildings/premises. (d) Open lands reserved
for any purpose, excluding the lands reserved for public amenities. The applicant shall
submit a written application to the competent authority in Form-I along with
other necessary information and shall have the following essential documents
attached thereto, (a) consent of owner and
copy of agreement executed to this effect; (b) copy of ownership
document of the property and building permission on the said property; (c) copy of receipt of
license fee paid for the propose i.e. permission/renewal/compounding and
agreement fee as prescribed for the purpose; (d) it shall be mandatory
for the applicant to obtain safety certificate from the Competent
Engineer/Architect for the structure of proposed building where tower is to be
erected, as per provisions of rules 26 of the Madhya Pradesh Bhoomi Vikas
Niyam, 2012; and (e) an affidavit from the
applicant shall be required in the "Indemnity Bond" in Form-Ill to
the effect that for any loss or damage caused or for any civil or criminal
liabilities and outcomes thereof, the applicant shall be solely responsible. The following rate of
licence/permission, renewal and compounding fee shall be applicable and may be
deposited in the form of Demand Draft or Cheque: S. No. Urban Local Bodies Licence/Permission Fee* Permission Renewal Fee Compounding Fee (1) (2) (3) (4) (5) 1. Municipal Corporation (a) Bhopal, Indore, Jabalpur,
Gwalior. Rs. 1,00,000/- Rs. 20,000/- Double of Permission/Licence fee (b) Other Municipal Corporation Rs. 75,000/- Rs. 15,000/- Double of Permission/Licence fee 2. Municipal Council Rs. 50,000/- Rs. 10,000/- Double of Permission/Licence fee 3. Nagar Parishad Rs. 25,000/- Rs. 5,000/- Double of Permission/Licence fee Note:
Licence/permission fee shall be paid in the case of initial permission. Renewal of
Permission/Licence shall be compulsory in every five years. On receipt of
application for erecting tower prescribed in Form-I, the competent authority or
any officer authorized by the competent authority, shall have to inform within
30 days from the date of receipt of an application and if he fails so to do, it
would be deemed that permission/Licences for which application was made has
been given. In case the permission is given, the applicant shall deposit the
prescribed fee, if the application meets the requirement in all respect. Permission shall be
valid till the validity period of licence/registration sanctioned by Department
of Telecommunication, Government of India. For renewal of tower
permission, the applicant shall have to submit an application to the competent
authority within a period of two months in advance before the expiry of the
existing permission along with all required informations and receipt of
deposited renewal fee. The competent authority shall examine the application
and issue renewal permission within 30 days and if no decision is taken within
time then the permission shall be construed to be deemed. In case renewal
permission is not taken within an appropriate time then the applicant shall
have to obtain a new permission. Applicants/owners of
Mobile Towers permitted before publication of these rules, shall have to take
"renewal of permission" within two months from the date of
publication of these rules, but no renewal fee shall be deposited by theses
applicants, Subsequent renewal permission of such towers shall be governed by
these rules. It shall be necessary
for the applicant of mobile tower to keep the level of air and noise pollution
within norms prescribed by the Madhya Pradesh pollution Control Board. A
certificate issued by the generator set manufacturer for noise and air
pollution, shall be considered as no objection certificate. Tower installation is
a temporary structure and is being categorized as public service facility and,
therefore, would not require land use change of diversion for the purpose. The applicant shall
be required to obtain tower structure design approval from any of the following
institutes, (i) any IIT or Structural
Engineering Research Center (SERC) Chennai; or (ii) any Government
Engineering College of the State in which the area or areas concerned is
situated. In the event the
tower being installed/proposed in close proximity of High-tension electricity
line, the norms of minimum distance prescribed by the concerned
Authority/Department at that time, shall have to be complied with. In the event of the
tower is being installed/proposed within 100 meter radius of any sensitive
buildings for example the State Secretariat, Vidhan Sabha, Rajbhawan, Chief
Minister's Residence, High Court, Airport or any Historic building the
applicant shall have to take No Objection Certificate from concerned "Head
of the Office". The permission
accorded under these rules shall not be in violation or supersession of the
provisions contained in the Indian Telegraph Act, 1885 (13 of 1885) Electricity
Act, 2003 (36 of 2003) and Indian Wireless Telegraphy Act, 1933 (17 of 1933) in
any way. Competent authority
of urban body shall have the power to remove all such towers/structures, which
are found to be unsure for life of public and are installed in contravention to
the rules, However, before removal of such tower/structure, 90 days notice
shall be issued to the applicant. In case the
application for permission is rejected, the fee paid under rule-5 shall have to
be returned to the applicant within three months, after deducting 10 percent
amount as administrative charges of such fee. A red bacon/signal
and a lightning conductor shall be installed mandatorily on the top of each tower.
Adequate arrangements for fire fighting apparatus at site shall be mandatory. (a) For regularization of
unauthorized towers the applicant shall have to submit an application in
prescribed Form-I to the competent authority of respective Urban Local Body
within two months from the date of publication of these rules. (b) It shall be binding
upon the competent authority to examine and dispose of the application within
30 days from the receipt of application. (c) The competent authority
of respective Urban Local Body shall grant permission in Form-II after
receiving an application in Form-I and deposition of compounding fee, if any,
as prescribed in rule-5 of these rules. (d) In case, the towers
have been installed in unauthorized buildings or colonies such towers shall be
regularized by charging 50 percent extra amount of compounding fee as
prescribed in rule-5, but from this permission it shall not be implied that the
colony has been authorized in all respect. (e) In the event, the competent
authority of Urban Local Body decides to demolish the illegal building on which
a tower is erected, the telecom company concerned shall be bound to remove the
tower at its own expenses within three months. It shall be mandatory
to the licenced agency or licencee to strictly comply with the radiation
emission norms as fixed by the Department of Telecommunication or Competent
Authority of Government of India. The complaints of radiation emission shall be
decided by Department of Telecommunication or competent authority of Government
of India and it shall be mandatory for every Telecom company to follow the
aforesaid decision. It shall be mandatory
for every licence holder telecom company to install "warning Board"
to display safety and radiation directions at the conspicuous place directed by
the Government of India/Department of Telecommunication. I/we have thoroughly
read and understood the rules and are bound to abide by it. The informations
furnished by me/us are true, complete and correct to the best of my/our
knowledge and belief. MADHYA PRADESH NAGAR PALIKA (INSTALLATION OF TEMPORARY TOWER
STRUCTURE FOR CELLULAR MOBILE PHONE SERVICE) RULES, 2012
PREAMBLE