[22th
November 2024] Whereas a draft of the
Temporary Suspension of Telecommunication Services Rules, 2024, which the
Central Government proposes to make in exercise of the powers conferred by
clause (b) of sub-section (2) and sub-section (4) of section 20 read with
clauses (t) and (u) 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. 519(E), dated
the 28th August, 2024, in the Gazette of India, Extraordinary, Part II, section
3, sub-section (i), dated the 28th August, 2024, 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 August,
2024; 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 clause (b) of sub-section (2) and sub-section (4) of
section 20 read with clauses (t) and (u) of sub-section (2) of section 56 of
the Telecommunications Act, 2023 (44 of 2023) and in supersession of the
Temporary Suspension of Telecom Services (Public Emergency or Public Safety)
Rules, 2017, except as respects things done or omitted to be done before such
supersession and without overriding 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, the Central Government hereby makes the following rules, namely:- (1)
These rules may be called the
Telecommunications (Temporary Suspension of Services) Rules, 2024. (2)
They shall come into force on the date of
their publication in the Official Gazette. (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)
"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)
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. (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 suspension
order, and for reasons to be recorded 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
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 and type of
telecommunication service required to be suspended; and (iii)
a specified duration, not exceeding fifteen
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 hours from the issuance of such order. (4)
No suspension order under sub-rule (1) shall
be made, unless the authority issuing such order has considered that the
objectives set forth under sub-section (2) of section 20, cannot be achieved by
any other reasonable means. (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. (1)
The Central Government shall constitute a
review committee, consisting of the following members, namely:- (a)
Cabinet Secretary - Chairperson; (b)
Secretary, Department of Legal Affairs
-Member; and (c)
Secretary, Department of Telecommunications
-Member. (2)
Every State Government shall constitute a
review committee, consisting of the following members, namely:- (a)
Chief Secretary of the State -Chairperson; (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 (2) shall meet within five days of issuance of any suspension
order and record its findings as regards whether the suspension order is in
accordance with clause (b) of sub-section (2) and sub-section (4) of section 20
of the Act. (4)
Where the review committee is of the opinion
that the suspension order is not in accordance with clause (b) of sub-section
(2) and sub-section (4) of section 20 of the Act, it may pass an order setting
aside such suspension order.Telecommunications
(Temporary Suspension Of Services) Rules, 2024
PREAMBLE