the Offshore Areas Mineral Adjudication of Penalties Rules, 2026

¸ÀA¥ÀÄl -161 ಗುರು(cid:174)ಾರ, 08, , 2026 ( , 16, , 1948) ¸AÀ aPÉ 195 Volume - 161 BENGALURU, THURSDAY, 08, OCTOBER, 2026 (AASHWAYUJA , 16, SHAKAVARSHA, 1948) Issue 195 ¨sÁUÀ 4 PÉÃAzÀæzÀ «zsÉÃAiÀÄPÀUÀ¼ÀÄ ªÀÄvÀÄÛ CªÀÅUÀ¼À ªÉÄÃ¯É ¥Àj²Ã®£Á ¸À«ÄwAiÀÄ ªÀgÀ¢UÀ¼ÀÄ, PÃÉ AzÀæzÀ C¢ü¤AiÀĪÀÄUÀ¼ÀÄ ªÀÄvÀÄÛ CzsÁåzÉñÀUÀ¼ÀÄ, PÉÃAzÀæ ¸ÀPÁðgzÀ ÀªgÀ ÀÄ ºÆÉ gÀr¹zÀ ¸ÁªÀiÁ£Àå ±Á¸À£À§zÀÞ ¤AiÀĪÀÄUÀ¼ÀÄ ªÀÄvÀÄ Û ±Á¸À£À§zÀÞ DzÉñÀUÀ¼ÀÄ ªÀÄvÀÄÛ gÁµÀÖç¥ÀwAiÀĪÀjAzÀ gÀavÀªÁV gÁdå ¸ÀPÁðgÀzÀªÀjAzÀ ¥ÀÄ£ÀB ¥ÀæPÀlªÁzÀ DzÃÉ ±ÀUÀ¼ÀÄ (cid:3704)ಸ(cid:3453)ೕಯ ವ(cid:3186) ವ(cid:3707)ರಗ(cid:3635) ಮ(cid:3425)(cid:3176) (cid:3662)ಸನ ರಚ(cid:3488) ಇ(cid:3617)(cid:3218) ಅ(cid:3468)(cid:3696)ಚ(cid:3488) (cid:3704)(cid:3218)(cid:3186) : (cid:3704)ವ(cid:3186) (cid:3662)ಇ 35 (cid:3204)(cid:3483)ಪ(cid:3187) 2026 (cid:3533)ಂಗ(cid:3636)(cid:3590), (cid:3453)(cid:3482)ಂಕ:03.10.2026.

(cid:3453)(cid:3482)ಂಕ: 17.07.2026(cid:3599)(cid:3455) (cid:3542)ರತ ಸ(cid:3197)(cid:4305)ರದ (cid:3233)(cid:3308)(cid:3361)ನ (cid:3648)(cid:3669)ಷ (cid:3704)(cid:3273)(cid:3203)ಯ Part-II-

Section-3 Sub Section (i)ರ(cid:3618)(cid:3189) ಪ(cid:3187) ಕಟ(cid:3647)ದ the National Anti-Doping Rules, 2026ನ GSR 641(E)ಅ(cid:3485)(cid:3180) (cid:3692)ವ(cid:4305)ಜ(cid:3483)ಕರ (cid:3557)(cid:3708)(cid:3423)(cid:3227)(cid:3228) ಕ(cid:3482)(cid:4305)ಟಕ (cid:3587)ಜ(cid:3186) ಪತ(cid:3187) ದ(cid:3618)(cid:3189) ಮ(cid:3590)ಪ(cid:3187) ಕ(cid:3348)ಸ(cid:3617)(cid:3228)(cid:3458),-

(1628)[ाII—ण 3(i)] ााा:अाा 27

11. य ाा ाू ा  अुा  दए ा ा , द ई , ा उ ा

12. ठा ,  ा ा,  ए ा, ा ा-, ूा ा अा ा ाा भ ।ै

13. ऐ अ ,  ा  य  ाय ु उा औ  ा ी ा- ाए।    ूला [ा. . /13/2026- ए.-V] ृा ाला, ु  MINISTRY OF YOUTH AFFAIRS AND SPORTS (Department of Sports)

NOTIFICATION New Delhi, the 17th July, 2026 G.S.R. 641(E).— In exercise of the powers conferred by section 29 of the National Anti- Doping Act, 2022 (15 of 2022), the Central Government hereby makes the following rules,

namely:—

CHAPTER 1 PRELIMINARY

1. Short title and commencement.—(1) These rules may be called the National Anti-Doping Rules, 2026.

(2) They shall come into force on the date of their publication in the Official Gazette.

(3) The National Anti-Doping Rules, 2021, and all orders, made or purported to have been made thereunder shall continue in force unless and until they are superseded by any rules, regulations or orders made under the National Anti-Doping Act, 2022.

(4) These rules shall not override the actions taken by the National Anti-Doping Agency prior to the commencement of the Act.

(5) These rules shall not override the actions taken by the National Dope Testing Laboratory prior to the commencement of the Act, but shall, from the date of notification of these rules, supersede all existing practices, procedures and guidelines relating to analytical testing of samples undertaken by it.

2. Definitions.—(1) In these rules, unless the context otherwise requires,—

(a) “Act”meanstheNationalAnti-DopingAct,2022(15of2022);

(b) “Court of Arbitration for Sport” meansan internationalbodyestablished in 1984to settle disputes related to sport through arbitration whose headquarter is in Lausanne, Switzerland;

(c) “International Standard for Laboratories” mean the standards relating to laboratories, adoptedbytheWorldAnti-DopingAgency,includingrevisionsandmodificationsthereof;28 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

(d) “International Standardfor ResultsManagement”meansthe standardsrelating to results management, adopted by the World Anti-Doping Agency, including revisions and modificationsthereof;

(e) “International Standard for Testing and Investigations” mean the standards relating to testing and investigations, adopted by the World Anti-Doping Agency, including revisions andmodificationsthereof;

(f) “laboratory activities” mean the activities undertaken by dope testing laboratory including the acceptance, handling, storing and conduct of analytical testing of samples, itsreview,submissionofresults,managementsystemandsupportservices;

(g) “National Dope Testing Laboratory” means the laboratory specified under sub-section (1) of section 26 of the Act and any other National Dope Testing Laboratory established by theCentralGovernmentunderclause(b)ofsub-section(2)ofsection26oftheAct;and

(h) “Schedule”meansthescheduleannexedtotheserules.

(2) Words and expressions used in these rules and not defined herein, but defined in the Act or the Code, shall have the meaning as assigned to them in the Act or the Code, as the case may be.

CHAPTER 2 NATIONAL BOARD FOR ANTI-DOPING IN SPORTS

3. Definitions for Chapter 2.—For the purposes of this Chapter, the expressions—

(a) “Chairperson” means the Chairperson of the Board appointed in accordance with the provisionsofsub-section(2)ofsection7oftheAct;and

(b) “Member” meansaMember of the Board appointed in accordance withtheprovisionsof sub-section(2)ofsection7oftheActandincludestheChairpersonthereof.

4. Term of office of Chairperson and Members.—(1) The Chairperson and Members shall be appointed on a part-time basis in accordance with the provisions of sub-sections (2), (3) and (4) of

section 7 of the Act.

(2) No person who has held office, within a period of two years prior to the date of his appointment in any International Federation, National Sports Federation, Major Event Organisation, National Olympic Committee, National Paralympic Committee or is in the Government Department with responsibility for sport or anti-doping, shall be appointed as the Chairperson or Member of the Board.

(3) The Chairperson and Members shall hold office for a term of three years or till they attain the age of sixty-five years, whichever is earlier.

(4) Subject to the age-limit specified under sub-rule (3), the Chairperson and Members shall be eligible for appointment for a maximum of two terms.[ाII—ण 3(i)] ााा:अाा 29

5. Independence and confidentiality of Members.—(1) Every Member shall, before entering upon his duties, sign a declaration of independence and confidentiality, in the form as specified in Schedule I.

(2) The Members shall be operationally and institutionally independent from the Agency and the Central Government, and the Board shall conduct its proceedings without any interference from the Agency, the Central Government, or any other third-party.

6. Vacancy.—Any vacancy in the office of the Chairperson or Member shall be filled in accordance with sub-section (6) of section 7 of the Act.

7. Conditions of service.—(1) The Chairperson and Members shall be entitled to receive a fee of rupees twenty-five thousand and rupees twenty thousand respectively, for attending a meeting of the Board.

(2) The Chairperson and Members shall be entitled to the actual expenses on air-conditioned taxi charges incurred by him for attending a meeting of the Board and the reimbursement shall be claimed on self-certification basis, in case conveyance has not been provided by the Board.

(3) In case the Chairperson or Member is called upon to go out of the ordinary place of his residence for discharging his duties, he shall be entitled to travelling allowance, daily allowance and accommodation at the same rate as are applicable to—

(a) aSecretarytotheGovernmentofIndia,incaseoftheChairperson;and

(b) anAdditionalSecretarytotheGovernmentofIndia,incaseofotherMembers.

8. Residuary provisions.—For the purposes of the implementation of the provisions of these rules, the matters with respect to which no express provision has been made under this Chapter, shall be referred to the Central Government for its decision.

CHAPTER 3 NATIONAL ANTI-DOPING AGENCY

9. Appointment of Director General.—(1) The Central Government shall appoint the Director General of the Agency from amongst the persons of integrity and outstanding ability possessing experience in the field of public administration.

(2) The terms and conditions of appointment and service of the Director General shall be as per the National Anti-Doping Agency, Director General (Appointment and Conditions of Service) Rules, 2026.30 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

CHAPTER 4 NATIONAL ANTI-DOPING APPEAL PANEL PART A APPOINTMENT, TERM OF OFFICE AND REMUNERATION OF THE MEMBERS OF THE NATIONAL ANTI-DOPING APPEAL PANEL

10. Definitions for Chapter 4.—For the purposes of this Chapter, the expressions—

(a) “Chairperson”meanstheChairpersonoftheAppealPanelappointedundersection12 of the Act;

(b) “Member” means the Members of the Appeal Panel, and includes the Chairperson and Vice-Chairpersons; and

(c) “Vice-Chairperson”meansaVice-Chairperson of the Appeal Panel appointed under section 12 of the Act.

11. Constitution and appointment of Appeal Panel.—(1) The Central Government shall constitute an independent Appeal Panel, comprising of the following, namely:—

(a) a Chairperson, who is a retired Judge of a High Court;

(b) a Vice-Chairperson, who is a legal expert, having not less than ten years of standing as legal practitioner;

(c) two members, who are registered medical practitioners, having not less than ten years of standing; and

(d) two members, who are, or have been, retired eminent athletes or sports administrators for not less than ten years.

(2) No person who has held office, within a period of two years prior to the date of his appointment in any International Federation, National Sports Federation, Major Event Organisation, National Olympic Committee, or National Paralympic Committee, shall be appointed as the Chairperson or Member of the Appeal Panel.

(3) The Central Government shall, in respect of Members other than the Chairperson, take into consideration their anti-doping experience for appointment referred to in sub-rule (1).

(4) Upon appointment to the Appeal Panel under sub-rule (1), each Member shall submit a declaration of independence and impartiality in terms of Form A of Schedule II, and such declaration shall be updated in cases where certain facts and circumstances bringing into question any impartiality arises during the hearing process.

12. Term of office, reappointment and remuneration.—(1) The Members of the Appeal Panel shall be part-time Members and hold office for a term of two years from the date they enter upon their respective office, and shall be eligible for reappointment for a maximum of two more terms.

(2) The Chairperson and other Members shall be entitled to receive remuneration by way of a fee of rupees twenty- five thousand and rupees twenty thousand respectively, for attending each meeting and hearing of the Appeal Panel.

13. Resignation.—The Chairperson or any other Member may, by notice in writing addressed to the Central Government, resign from his office, and on such resignation being accepted by the Central Government, the Chairperson or Member, as the case may be, shall be deemed to have vacated his office.

14. Vacancy.—Any vacancy occurring in the office of any of the Members of the Appeal Panel, whether by reason of death, resignation or removal from office, shall be filled by the Central Government by making a fresh appointment within a period of six months from the date on which such vacancy occurs and the Member so appointed shall hold office for the remainder of the term of office of the person in whose place he is so appointed.

15. Removal of Chairperson, Vice-Chairperson and Member.—(1) The Central Government shall remove any Member of the Appeal Panel from office, who has—

(a) been adjudged an insolvent;

(b) been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude;

(c) become physically or mentally incapable of acting as a Member;

(d) acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or

(e) if the Member has so abused his position as to render his continuance in office as prejudicial to the public interest.[ाII—ण 3(i)] ााा:अाा 31

(2) A Member proposed to be removed on the grounds specified in clauses (c) to (e) of sub-rule (1), shall be informed of the charges against him and given an opportunity of being heard in respect ofsuch charges.

(3) Notwithstanding anything contained in sub-rule (1), the Chairperson of the Appeal Panel shall not be removed from his office on the grounds specified therein unless the Chief Justice of India or his nominee Judge, on a reference being made to him in this behalf by the Central Government, has on inquiry held in accordance with such procedure as he may specify in this behalf, recommended the removal.

16. Operational and institutional independence of Appeal Panel.—(1) The Members of the Appeal Panel shall have operational and institutional independence, as defined under the Code, from the Board and the Agency.

(2) No Member of the Appeal Panel shall be appointed from amongst—

(a) the Members, officers, employees and consultants of the Board;

(b) the Members, officers, employees and consultants of the Agency or its affiliates; and

(c) the Members and staff of the Indian Olympic Association, the Paralympic Committee of India, National Sports Federations or their respective boards and affiliates.

(3) The Appeal Panel shall not in any way be administered by, connected or subject to the Agency and shall conduct its hearing and decision-making processes without any interference from the Board, Agency, the Central Government, or any other third-party.

PART B PROVISIONS RELATING TO APPEALS

17. Appealable decisions.—(1) The Appeal Panel shall hear an appeal filed by any person aggrieved by any decision under the Act, in respect of the following, namely:—

(a) a refusal to grant Therapeutic Use Exemption under section 5 of the Act;

(b) imposition or non-imposition of consequences for an Anti-Doping Rule Violation under section 6 of the Act;

(c) a decision that an Anti-Doping Rule Violation was committed, or a decision that no Anti-Doping Rule Violation was committed;

(d) a decision that an Anti-Doping Rule Violation proceeding cannot go forward for procedural reasons, including prescription;

(e) a decision by the Agency not to bring forward an Adverse Analytical Finding or an Atypical Finding as an Anti-Doping Rule Violation, or a decision not to go forward with an Anti-Doping Rule Violation after an investigation in accordance with the International Standard for Results Management;

(f) a decision to impose, or lift, a Provisional Suspension as a result of a Provisional Hearing;

(g) theAgency’sfailuretocomplywithArticle7.4oftheCode;

(h) a decision that the Agency lacks authority to rule on an alleged Anti-Doping Rule Violation or its consequences;

(i) a decision to suspend, or not suspend, consequences or to reinstate, or not reinstate, consequences under Article 10.7.1 of the Code;

(j) failure to comply with Article 7.1.5 of the Code;

(k) failure to comply with Article 10.8.1 of the Code;

(l) a decision under Article 10.14.3 of the Code;

(m) a decision by the Agency not to implement another Anti-DopingOrganisation’sdecisionunder Article15of the Code; and

(n) a decision under Article 27.3 of the Code.

(2) In terms of sub-section (9) of section 23 of the Act, an appeal against the decision of the Appeal Panel under this

Chapter, may be preferred before the Court of Arbitration for Sport.

(3) Any person aggrieved by decisions as referred to in sub-rule (1), may file an appeal against such decisions in the manner as specified in Form C of Schedule II.32 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

18. Time for filing appeals.—(1) An aggrieved person shall file an appeal in accordance with rule 17 within a period of twenty-one days from the date of receipt of the decision.

(2) Notwithstanding anything contained in sub-rule (1), where a person who was not a party to the proceedings leading to an appealable decision as referred to in sub-rule (1) of rule 17, is aggrieved by such decision and seeks to file an appeal, the following procedure shall apply, namely:—

(a) within fifteen days from notice of the appealable decision, such person shall have the right to request a copy of the full case file pertaining to such decision from the Agency or the Disciplinary Panel, as the case may be; and

(b) if a request under clause (a) is made within the period specified therein, then, the person making such request shall file an appeal before the Appeal Panel within a period of twenty-one days from the date of receipt of such case file.

(3) The World Anti-Doping Agency shall file an appeal, if any, in respect of appealable decisions as referred to in sub-rule (1) of rule 17, by the later of twenty-one days after the expiry of the last day on which an aggrieved person could have filed their appeal under sub-rule (2) or twenty-one days after the World Anti-DopingAgency’sreceiptof the complete case file relating to the decision.

19. Appeal Panels.—(1) The Chairperson, or in his absence, the Vice-Chairperson, shall, pursuant to sub-section (5) of section 12 of the Act, constitute a panel of three members from amongst the persons appointed to the Appeal Panel under sub-rule (1) of rule 11, to hear the appeals under rule 17, and each such panel shall be comprising of—

(a) the Chairperson or the Vice-Chairperson as its Chairperson;

(b) one Member who is a registered medical practitioner; and

(c) one Member who is a sports administrator or a retired eminent athlete:

Provided that a Member in a panel shall be a person who has not previously been involved in the investigation, Therapeutic Use Exemption decision, pre-adjudication or Results Management, including at the level of the Disciplinary Panel or the Appeal Panel, relating to an athlete or other person who is a party in the appeal before such panel.

(2) If a Member appointed to a panel under sub-rule (1) is unwilling or unable, for whatever reason, to hear the appeal, the Chairperson or in his absence, the Vice-Chairperson, may appoint a new panel within a reasonable time.

(3) The parties to the appeal may, in case of any potential conflict of interest of any Member of the panel under sub-

rule (1), challenge the composition of the panel, and any such challenge shall be decided by a Member of the Appeal Panel, not forming part of the said panel.

(4) Upon constitution of a panel under sub-rule (1), each Member of such panel shall sign a declaration of impartiality in terms of Form B of Schedule II, and a copy of the said declaration shall be made available to the parties to the appeal.

20. Hearing before Appeal Panel.—(1) A panel constituted under sub-rule (1) of rule 19 shall, upon its assessment of the appeal filed under rule 17, issue a notice to the relevant parties, specifying the date for hearing of the appeal.

(2) A notice shall be served to the parties in the following manner, at the address for service specified in the pleadings before the Appeal Panel, namely:—

(a) by delivering or tendering the notice to that person or his duly authorised representative through email correspondence; or

(b) by sending the notice by registered post with acknowledgment due to the address of his place of residence, or his last known place of residence, or the place where he carried on or last carried on business or personally works or last worked for gain; or

(c) by affixing it on the outer door or some other conspicuous part of the premises in which the person resides, or is known to have last resided, or carried on business or personally works or last worked for gain and that written report thereof shall be witnessed by two persons; or

(d) if the notice cannot be served under clause (a) or clause (b) or clause (c), by publishing in a leading newspaper, both in vernacular and in English, having wide circulation of area or jurisdiction in which the person resides, or is known to have last resided or carried on business or personally works or last worked for gain.

(3) The parties to the appeal may engage authorised representatives to appear, plead and act on their respective behalf before the appropriate panel on the date for hearing specified in the notice under sub-rule (1), or such other date to which the hearing may be adjourned.[ाII—ण 3(i)] ााा:अाा 33

(4) Where it appears to the panel that an athlete or other person appearing before it does not have sufficient means to engage a pleader, the panel may assign a pleader for his defence at the expense of the Appeal Panel.

(5) The panel shall, prior to making any decision, give a reasonable opportunity to the parties—

(a) for hearing;

(b) to access and present relevant evidence;

(c) to submit written and oralsubmissions; and

(d) to call and examine witnesses.

(6) The parties to the hearing may submit their written submissions, not later than twenty days from the issuance of notice under sub-rule (1), and as far as practicable, in the manner specified in Schedule III:

Provided that where submission in the manner specified under sub-rule (6) is not possible, the parties to the hearing shall make their written submissions with sufficient details and documentation in support of the averments made in such written submission.

(7) Upon failure to appear before the panel under sub-rule (3), the panel shall proceed to decide the appeal on the basis of the written submissions of the relevant parties, if any, the order of the Agency or the Disciplinary Panel, as the case may be, being appealed against, and the material on record.

(8) Representatives of the concerned International Federation, the concerned National Sports Federation, the Indian Olympic Association or the Paralympic Committee of India, and the World Anti-Doping Agency shall have the right to attend hearings of the Appeal Panel as observers.

(9) The Appeal Panel shall complete hearings as expeditiously as possible and endeavour to dispose of appeals within

a period of three months from the date of the order so appealed:

Provided that in case the hearing is in connection with an event or an athlete or other person in respect of such event, the Appeal Panel may provide for a shorter timeline to dispose of such matter.

(10) Subject to the provisions of the Act and this Chapter, the Appeal Panel shall have the power to regulate its own procedure and shall endeavour to hear and determine appeals in accordance with the Code and the International Standard for Results Management.

21. Decision of Appeal Panel.—(1) Upon completion of hearing under rule 20, the Appeal Panel shall issue its order in writing, stating the reasons for the decision, while taking into consideration the relevant provisions of the Act, the Code, and the principles set forth in the International Standard for Results Management.

(2) Any order issued under sub-rule (1) shall, to the extent applicable, be comprising of following—

(a) Jurisdictional basis and applicable rules and regulations;

(b) Detailed factual background;

(c) Anti-doping Rule Violations committed;

(d) Applicable consequences; and

(e) Appeal routesand deadlines to appeal for the athlete or other person.

(3) The Appeal Panel shall promptly notify the decision under sub-rule (1) to—

(a) the relevant parties;

(b) the National Sports Federation of the concerned athlete or other person;

(c) other bodies having the right to appeal as specified under sub-section (9) of section 23 of the Act; and

(d) the Anti-Doping Administration and Management System established under the Code.

(4) The Agency shall publicly disclose the decision under sub-rule (1), as required under Article 14.3 of the Code.

(5) All hearings and determinations of consequences of Anti-Doping Rule Violations under this Part shall be in accordance with the Act and the rules and regulations made thereunder.34 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

CHAPTER 5 DOPE TESTING LABORATORIES PART A ESTABLISHMENT AND RECOGNITION OF DOPE TESTING LABORATORIES

22. National Dope Testing Laboratory.—(1) The National Dope Testing Laboratory established and functioning as such prior to the commencement of the Act, and recognised as the principal dope testing laboratory under sub-section

(1) of section 26, shall be governed by these rules from the date of notification thereof.

(2) The Central Government may establish additional national dope testing laboratories, anywhere in the territory of India, and each such laboratory shall obtain and maintain the requisite accreditations of the World Anti-Doping Agency and of such other accrediting bodies, in accordance with International Standard for Laboratories.

23. Recognition of dope testing laboratories.—The Central Government may, by notification, also recognise one or more laboratories located within India, as dope testing laboratories, subject to such laboratory obtaining and maintaining requisite accreditations or approval as an Athlete Biological Passport Laboratory by World Anti-Doping Agency, in accordance with International Standard for Laboratories.

Explanation.—For the purpose of this rule, Athlete Biological Passport Laboratory is a specialised laboratory approved by World Anti-Doping Agency to conduct blood analysesfor the Athlete Biological Passport programme.

PART B PROVISIONS APPLICABLE TO DOPE TESTING LABORATORIES

24. Functions of dope testing laboratory.—Every dope testing laboratory shall perform the following functions,

namely:—

(a) analyse, test and submit reports of test results relating to samples of athletes in accordance with the rule 25;

(b) promote and support the prevention of, and the fight against, doping in sports in accordance with sub-rule (2) of rule 30;

(c) maintain quality control system of analytical tests, accreditation process and the Code of Ethics in accordance with International Standard for Laboratories and International Organisation for Standardisation/ International Electrotechnical Commission 17025 (ISO/IEC 17025) that are accepted and adopted by the World Anti- Doping Agency;

(d) maintain professional ethics and public credibility in conducting analytical tests in accordance with rule 29;

(e) implementing policies, control and prevention programmes to comply with the principles of the Code, International Standard for Laboratories and measures set out in the Convention;

(f) collaborate with other dope testing laboratories, international dope testing laboratories having accreditation or approval from World Anti-Doping Agency, signatories to the Code, and other relevant stakeholders, for the purposes of acquiring knowledge of latest developments in the field of anti-doping;

(g) implementing research programs in the field of anti-doping and establishing research collaborations with research institutions and other dope testing laboratories, international dope testing laboratories having accreditation or approval from World Anti-Doping Agency; and

(h) any other function consistent with the Code and International Standard for Laboratories, which may be specifiedby the Central Government.

25. Testing of samples of athletes.—(1) Every dope testing laboratory may receive samples of athletes, which have been collected, sealed and transported to it in the manner specified in the International Standard for Testing and Investigations.

(2) Every dope testing laboratory shall analyse the samples received pursuant to sub-rule (1), in accordance with the procedure specified in the International Standard for Laboratories.[ाII—ण 3(i)] ााा:अाा 35

(3) Every dope testing laboratory shall complete the analysis of samples within the time period specified in the International Standard for Laboratories, or as may be agreed between the Anti-Doping Organisation and the dope testing laboratory.

(4) After processing, analysing and investigating the sample, the dope testing laboratory shall—

(a) arrive at the final conclusion based upon negative, positive or atypical finding or not analysed result and submit the report of the analytical test and investigation to the concerned signatory and World Anti- Doping Agency through Anti-Doping Administration Management System in accordance with the International Standard for Laboratories; and

(b) store the sample and maintain the analytical data and information in accordance with the standards set out by the International Standard for Laboratories, and the Code.

(5) A dope testing laboratory may, with the prior approval of the Anti-Doping Organisation, and in accordance with the International Standard for Laboratories, sub-contract analytical testing of samples, to other dope testing laboratories or international dope testing laboratories accredited by World Anti-Doping Agency, where under limited circumstances such dope testing laboratory may not have the methodology or capability to undertake the specific test.

26. Standards for dope testing laboratories.—(1) Every dope testing laboratory shall follow such procedure in all its activities, including analytical and custodial standards, as specified in the International Standard for Laboratories.

(2) Every dope testing laboratory shall produce valid test results which are based on reliable evidentiary data as specifiedin the International Standard for Laboratories.

27. Laboratory facilities and instruments for testing.—(1) Every dope testing laboratory, in accordance with the International Standard for Laboratories, shall have the facilities, including—

(a) sufficient laboratory and administrative space, to allow separate, restricted and dedicated areas for analytical and administrative operations;

(b) dedicated and restricted sample handling and sample storage areas;

(c) execution of firewalls and other cyber security measures;

(d) information technology infrastructure;

(e) execution of data and information management system;

(f) central server of internet which allows secure data handling; and

(g) conditions for technical support and instrument maintenance services.

(2) Every dope testing laboratory shall be equipped with such suitable instruments including measuring instruments, software, measurement standards, reference materials, reference collections, chemicals, reagents, consumables or auxiliary apparatus in accordance with the International Standard for Laboratories, to ensure accuracy and traceability in performance of laboratory activities.

(3) Every dope testing laboratory shall prepare its quality manual and conduct all procedures as per the requirement of International Organisation for Standardisation/ International Electrotechnical Commission 17025 (ISO/IEC 17025), International Standard for Laboratories and related Technical Documents and Technical Letters that are accepted and adopted by the World Anti-Doping Agency.

(4) Every dope testing laboratory shall ensure appropriate environmental conditions for all laboratory instruments and equipment critical to laboratory operations, in accordance with the International Standard for Laboratories.

(5) Any relocation of a dope testing laboratory and its associated facilities shall be done in accordance with International Organisation for Standardisation/ International Electrotechnical Commission 17025 (ISO/IEC 17025) and the International Standard for Laboratories.

28. Impartiality, confidentiality and security.—(1) Every dope testing laboratory shall ensure impartiality and confidentiality of data, information and operation in its practices, in accordance with the International Standard for Laboratories.

(2) Subject to the provisions of the Act or rules or regulations made thereunder, or any other law for the time being in force, all personnel engaged by the dope testing laboratory, including any service provider, personnel of any external body or an individual acting on behalf of any such laboratory, shall keep the information obtained or created during the performance of laboratory activities or otherwise, confidential.36 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

(3) Every dope testing laboratory shall implement measures, including technical and organisational safeguards consistent with the best practices, to prevent and to detect unauthorised access and copying of data and information, and ensure compliance with the International Standard for Laboratories.

29. Professional ethics and public credibility in sample testing.—(1) In order to maintain professional ethics and public credibility in conducting analytical tests, every dope testing laboratory shall observe the principles of the International Standard for Laboratories, including the code of ethics specified therein.

(2) Without prejudice to sub-rule (1) every dope testing laboratory shall—

(a) carry out its professional duties competently and with integrity;

(b) test the sample in accordance with the procedure laid downby the World Anti-Doping Agency to only obtain analytical evidence so as to prove that the athlete has made use of Prohibited Substance or Prohibited Method;

(c) ensure the sample testing and submission of its report in accordance with the procedure laid down in the International Standard for Laboratories;

(d) maintainandpromoteathletes’confidentialityandprivacy;

(e) not use results of the analyses to the detriment of an athlete, to benefit itself or any other person;

(f) make available to Disciplinary Panel or the Appeal Panel, as the case may be, the scientific evidence of the analytical test whenever required;

(g) not acceptsamples directly from athlete;

(h) not provide to an athlete, information about test method which could be used to avoid the detection of doping in sports; and

(i) not advise any athlete in avoiding collection of a representative sample including advice on masking strategies or detection windows.

30. Acceptance and utilisation of funds.—(1) Every dope testing laboratory shall, in compliance with the code of ethics specified under the International Standard for Laboratories, accept grants, sponsorship, donations, subscription, aid or testing fees.

(2) The amounts collected under sub-rule (1) may be utilised by the dope testing laboratory for activities such as—

(a) supporting research efforts in the field of anti-doping; and

(b) organising and participating in workshops, seminars, symposiums and conferences to raise awareness of doping and dope testing in sports.

31. Operational and administrative independence ofdope testing laboratory.—(1) The officers and employees of each dope testing laboratory shall have operational and administrative independence from the Board, the Agency, an Anti-Doping Organisation, any other sport organisation, or Government or Department of Sport, or other Government body responsible for sport performance, and shall conduct its affairs and decision-making processes without any interference from such entities.

(2) No officer and employee of a dope testing laboratory shall be appointed from amongst—

(a) the members, officers, employees and consultants of the Board;

(b) the members, officers, employees and consultants of the Agency; and

(c) the members and staff of the Indian Olympic Association, the Paralympic Committee of India, National Sports Federations or their respective boards and affiliates.

32. Ability of dope testing laboratories to undertake sample analysis other than for athletes.—(1) A dope testing laboratory may accept samples for forms of analysis, other than in respect of athletes as provided in rule 25, that are not under the scope of the accreditation from World Anti-Doping Agency, including animal sports testing, forensic testing, clinical testing, and drugs of abuse testing.

(2) The dope testing laboratories undertaking testing as referred to in sub-rule (1), shall not declare or represent any suchtestingasbeingcoveredundertheirWorldAnti-DopingAgencyaccreditationstatus.

33. Secondary use or disposal of samples.—Each dope testing laboratory shall adhere to the standards in respect of secondary use or disposal of samplesas specified underthe International Standard for Laboratories.[ाII—ण 3(i)] ााा:अाा 37

CHAPTER 6 PROTECTED PERSON, RECREATIONAL ATHLETE AND MINOR

34. Definitions for Chapter 6.—For the purposes of this Chapter, the expressions—

(a) “minor”meansanaturalpersonwhohasnotreachedtheage of eighteen years;

(b) “protectedperson”meansanathleteorothernaturalpersonwhoatthetimeofAnti-Doping Rule Violation—

(i) has not reached the age of sixteen years; or

(ii) has not reached the age of eighteen years and is not included in any Registered Testing Pool and has never competed in any international event in an open category; or

(iii) for reasons other than age has been determined to lack legal capacity, as supported by proper documentation, in accordance with the laws for the time being in force in India; and

(c) “recreational athlete” means an athlete who participates or engages in sports for the purposes of fitness but

does not compete otherwise in any event:

Provided that the term shall not include any person who, within the five years prior to committing any Anti- Doping Rule Violation, has been an International-Level Athlete,as defined by each International Federation consistent with the International Standard for Testing and Investigations, or National-Level Athlete, as defined by each National Anti-Doping Organisation consistent with the International Standard for Testing and Investigations, has represented any country in an international event in an open category or has been included within any Registered Testing Pool or other whereabouts information pool maintained by any International Federation or National Anti-Doping Organisation.

35. Scope and applicability.—This Chapter shall apply to protected persons, recreational athletes and minors.

36. Sample collection, testing and investigation and hearing in relation to protected person.—(1) A protected person who is an International-Level Athlete, or a National-Level Athlete shall be subject to testing and investigation in accordance with the rules and regulations framed under the Act.

(2) The parent, legal guardian or other authorised representative of the protected person may be present throughout the process of sample collection, and the proceedings, if any, before the Disciplinary Panel or the Appeal Panel:

Provided that if such persons fail to appear before the Disciplinary Panel or the Appeal Panel, as the case may be, within the time period specified, the relevant panel shall proceed to decide the matter in accordance with the applicable rules or regulations made under the Act.

(3) The collection of samples of a Protected Person shall be in accordance withthe International Standard for Testing andInvestigationsasapplicabletoallathletes,unlessmodificationsarenecessaryduetotheProtectedPerson’slegal capacity without compromising the integrity of the process of sample collection.

(4) Where a protected person is found to have committed an Anti-Doping Rule Violation, the Agency shall conduct an investigation against the athlete support personnel associated with such protected person.

37. Consequences of Anti-Doping Rule Violations.—(1) The consequences of Anti-Doping Rule Violations in respect of protected persons and recreational athletes, other than the violations specified in the table below, shall be such as specified in regulations made by the Agency in this regard— Sl. No. Anti-Doping Rule Violation Consequence For protected person or recreational athlete— Depending on the protected person or recreationalathlete’sdegreeof Article 2.3 and Article 2.5 of the

1. Code as incorporated in the fault— Schedule to the Act

(a) minimum— a reprimand and no period of ineligibility; and

(b) maximum— two year period of ineligibility.

Forprotectedpersonorrecreationalathlete— Article 2.7 and Article 2.8 of the It shall be treated as a particularly serious violation. Depending on

2. Code as incorporated in the the seriousness of the violation— Schedule to the Act

(a) minimum— four year period of ineligibility; and38 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

(b) maximum— lifetime ineligibility.

For athlete support personnel— A violation involving a protected person shall be considered a particularly serious violation. Violations other than for specified substances, shall result in lifetime ineligibility, and such personnel shall be reported to the competent administrative, professional or judicial authorities in accordance with the laws for the time being in force, in India.

(2) Notwithstanding anything contained in sub-rule (1), in respect of Anti-Doping Rule Violations not involving a substance of abuse, and where the protected person or recreational athlete can establish no significant fault or negligence, then the period of ineligibility shall be—

(a) at a minimum, a reprimand and no period of ineligibility; and

(b) at a maximum, two year period of ineligibility, depending on the protected person or recreational athlete’s degree of fault.

38. Public disclosure of results of Anti-Doping Rule Violation.—(1) The mandatory public disclosure of the results under Article 14.3.2 of the Code, shall not be required where the athlete or other person who has been found to have committed an Anti-Doping Rule Violation is a minor, protected person or recreational athlete.

(2) Any optional public disclosure requirement under the Code, involving a minor, protected person or recreational athlete shall be proportionate to the facts and circumstances of the case.

39. Rehabilitation of persons found guilty of Anti-Doping Rule Violation.—The Agency may issue guidelines for rehabilitation of minor, protected person, and recreational athlete found guilty of any Anti-Doping Rule Violation as it may deem fit.

40. Prohibition against participation in events with protected person during period of ineligibility.—An athlete or other person subject to a period of ineligibility longer than four years may, after completing such period of ineligibility, participate as an athlete in local sport events not sanctioned or otherwise under the authority of a Code Signatory or member of a Code Signatory, but only so long as the local sport event is not at a level that could otherwise qualify such athlete or other person directly or indirectly to compete in, (or accumulate points toward) a national championship or international event, and does notinvolve the athlete or other person working in any capacity with protected persons.

CHAPTER 7 MISCELLANEOUS

41. Annual statement of accounts and other relevant records.—(1) At the end of every financial year, the Board, the Agency, the Appeal Panel and the National Dope Testing Laboratory shall prepare its annual statements of accounts, balance sheet, income and expenditure account, and receipt and payment account in the form and manner as specifiedby the Comptroller and Auditor General of India for statutory bodies of the Government of India.

(2) The approved statement of accounts of the Board, the Agency, the Appeal Panel and the National Dope Testing Laboratory shall be forwarded to the Comptroller and Auditor General of India or any other person appointed by him on his behalf, for the purposes of audit, within three months of the end ofthe financial year.

(3) The annual statement of accounts of the Board, the Agency, the Appeal Panel and the National Dope Testing Laboratory as certified by the Comptroller and Auditor General of India or any other person appointed by him on his behalf, along with the audit report thereon for every financial year shall be forwarded to the Central Government, for laying before each House of Parliament.[ाII—ण 3(i)] ााा:अाा 39

42. Maintenance of accounts.—The Board, the Agency, the Appeal Panel and the National Dope Testing Laboratory shall preserve the balance sheet, the income and expenditure account, and the receipt and payment account, as referred to in sub-rule (1) of rule 41, for a period of at least five years or such other period as may be specified by the Central Government, following the year to which they relate.

43. Preparation and furnishing of annual report by Board.—(1) The Board shall prepare an annual report in the form specified in Schedule IV and submit a copy of such report to the Central Government, giving a true and full accountoftheBoard’sactivitiesduringthepreviousyear.

(2) The annual report of the Board shall contain such details of the steps taken, proposals made, research undertaken and other measures undertaken by it in pursuance of its functions under section 10 of the Act.

(3) The Board may also include in the annual report any other item, not included in the Form specified in Schedule IV, ifsorequiredtogiveafullaccountoftheBoard’sactivities.

44. Preparation and furnishing of annual report by dope testing laboratories.—On or before such date as may be determined by the Central Government, dope testing laboratories, shall submit to the Central Government every year the annual report which shall include the performance of functions and laboratory activities, and researches undertaken, workshops, seminars and conferences organised, collaboration made with other dope testing laboratories and other activities under taken during the preceding year.

45. Utilisation of funds.—(1) Any amounts received pursuant to section 24 of the Act shall be deposited in such banks as may be approved by the Central Government.

(2) The amounts referred in sub-rule (1) shall be utilised in accordance with the provisions of section 24 of the Act.40 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] SCHEDULE I (See sub-rule (1) of rule 5) DECLARATION OF INDEPENDENCE AND CONFIDENTIALITY I, __________, having been appointed as ________ of the National Board for Anti-Doping in Sports, do solemnly affirm that I will faithfully and conscientiously discharge my duties as _____ to the best of my ability, knowledge and judgment, without fear or favour, affection or ill-will.

I, _________, having been appointed as __________ of the National Board for Anti-Doping in Sports, do solemnly affirm that I am operationally and institutionally independent from the National Anti-Doping Agency, the Central Government, the Indian Olympic Association, the Paralympic Committee of India, any international federation, national federation, Major Event Organizations, national sports federation, or their respective boards and affiliates.

I, _________, having been appointed as __________ of the National Board for Anti-Doping in Sports, do solemnly affirm that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as __________, except as may be required for the due discharge of myduties as ___________.

Date: _________

Place: _________

(Signature) (Declaration to be administered by Hon’ble Minister or Secretary to Ministry of Sports, in case ofChairperson, and by the Chairperson, in case of any other Member)[ाII—ण 3(i)] ााा:अाा 41 SCHEDULE II (See sub-rule (4) of rule 11) FORM A DECLARATION OF INDEPENDENCE AND IMPARTIALITY

NAME:

CONTACT DETAILS:

CIRCUMSTANCES DISCLOSING ANY PAST OR PRESENT RELATIONSHIP WITH OR INTEREST OR RELATIONSHIP WITH THE BOARD OR THE AGENCY, WHETHER FINANCIAL, BUSINESS, PROFESSIONAL OR OTHER KIND, WHICH IS LIKELY TO GIVE RISE TO JUSTIFIABLE DOUBTS AS TO

YOUR INDEPENDENCE OR IMPARTIALITY:

CIRCUMSTANCES WHICH ARE LIKELY TO AFFECT YOUR ABILITY TO DEVOTE SUFFICIENT TIME AS A MEMBER OF THE NATIONAL ANTI-DOPING APPEAL PANEL:

I DECLARE THAT THERE ARE NO FACTS OR CIRCUMSTANCES KNOWN TO ME WHICH MIGHT CALL INTO QUESTION MY IMPARTIALITY IN THE EYES OF ANY OF THE PARTIES, OTHER THAN THOSE CIRCUMSTANCES DISCLOSED HEREIN.

I DECLARE THAT I HAVE NOT BEEN PREVIOUSLY REMOVED AS A MEMBER OF THE NATIONAL ANTI-DOPING DISCIPLINARY PANEL CONSTITUTED UNDER THE NATIONAL ANTI-DOPING ACT, 202242 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] FORM B (See sub-rule (4) of rule 19) DECLARATION OF IMPARTIALITY

NAME:

CONTACT DETAILS:

CIRCUMSTANCES DISCLOSING ANY PAST OR PRESENT RELATIONSHIP WITH OR INTEREST OR RELATIONSHIP WITH THE ATHLETE(S) OR THE AGENCY, WHETHER FINANCIAL, BUSINESS, PROFESSIONAL OR OTHER KIND, WHICH IS LIKELY TO GIVE RISE TO JUSTIFIABLE DOUBTS AS TO

YOUR INDEPENDENCE OR IMPARTIALITY:

CIRCUMSTANCES WHICH ARE LIKELY TO AFFECT YOUR ABILITY TO DEVOTE SUFFICIENT TIME AS A MEMBER OF THE NATIONAL ANTI-DOPING APPEAL BENCH:

I DECLARE THAT THERE ARE NO FACTS OR CIRCUMSTANCES KNOWN TO ME WHICH MIGHT CALL INTO QUESTION MY IMPARTIALITY IN THE EYES OF ANY OF THE PARTIES, OTHER THAN THOSE CIRCUMSTANCES DISCLOSED HEREIN.[ाII—ण 3(i)] ााा:अाा 43 FORM C (See sub-rule (3) of rule 17) BEFORE THE NATIONAL ANTI DOPING APPEAL PANEL Appeal No. ____

In the matter of: [Appellant] Versus [Respondent]

1. Memo of Parties along with physical and email addresses

2. Factual Background

3. Details of the decision appealed against, including the date of which it was served on the appellant, and a copy of such decision

4. Relevant rules, regulations and other provisions of the Act or of international federations

5. Grounds for Appeal

6. Prayers / Relief Sought

7. Verifying affidavit of Appellant

8. Index of documents in support of appeal, with copies of relevant documents44 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] SCHEDULE III (See sub-rule (6) of rule 20) FORMAT AND STRUCTURE OF WRITTEN SUBMISSION

(1) Written submissions submitted to the Appeal Panel under sub-rule (5) of rule 20:

(a) shall be in English, fairly and legibly type written, and printed in double spacing on both sides of A-4 size white paper;

(b) shall be prepared in Microsoft Word with the font Arial and font size 12;

(c) shall be divided into paragraphs that are numbered consecutively, each paragraph containing, as nearly as may be, a separate averment;

(d) shall be paginated numerically from the first page, including title, index, to the last page, and no page shall be left unnumbered. Alpha-numeric pagination shall not be accepted;

(e) shall be accompanied by such documents, data, and statements in support of the averments made in the written submission; and

(f) shall be signed and verified by the party concerned.

(2) Every written submission shall contain a statement certifying the authenticity of the documents or copies thereof filed, if any.

(3) Hard copies of the written submissions, in triplicate, shall be submitted to the Disciplinary Panel, in person or through an authorised representative.[ाII—ण 3(i)] ााा:अाा 45 SCHEDULE IV (See sub-rules (1) and (3) of rule 43) [Form of Annual Report]

1. Chairperson's statement

2. The year in review

3. A true and full account of policies, programmes and activities of the Board in respect of:

(a) recommendations made to the Central Government relating to regulating anti-doping in sports and international obligations and commitments;

(b) recommendations made to the Agency for elimination of doping in sports;

(c) matters of integrity and fair play in sports;

(d) researches undertaken;

(e) implementation of the notified or adopted anti-doping measures or policies.

4. Report on the activities of Agency towards ensuring compliance with the anti-doping rules

5. Impact of the Act on anti-doping in sports

6. An assessment of the effectiveness and the efficiency of the Board in terms of its objectives and mandate keeping in view its resources, duties and powers.

7. Assessment of the functioning of the Agency for the previous financial year.

8. Litigations:

(a) Pending cases before the Court of Arbitration for Sport;

(b) Trends observed from orders of the Court of Arbitration for Sport;

(c) Pending cases before the Appeal Panel;

(d) Number of cases disposed of by the Appeal Panel;

(e) Litigationsin High Courts and other Forums;

(f) Appeals in Supreme Court;

(g) Importantjudgements

9. An assessment of performance of the Board and its vision, policies and programmes for the following year, includingbutnotlimitedtostrategicplanningoftheBoard’santi-doping activities for the forthcoming year.

10. A summary of financial performance of the Board

11. A statement of non-compliance, if any, with statutoryobligations by the Board and the reason for the same.

12. Organisational Matters, including Human Resources, Finance and Accounts, Audit Committee, Right to Information and Transparency.

13. Such other details as would enable the stakeholders to review and appreciate the performance of the Board. [F. No. J/13/2026 –SP-V] VINEEL KRISHNA RAVELLA, 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. S SA RIR VV AE SS TH A VKU AMAR DKD+U 0i ag 5tMi e't 3:Aa 02lRl '0y S2 sR6igI.V0n 7Ae .S2dT1 bA 2yV3 SA:0A 8R :V 14E SH1648 , ಗುರು(cid:174)ಾರ, 08, , 2026 ¨Ás U À 4 ಕ(cid:3482)(cid:4305)ಟಕ (cid:3587)ಜ(cid:3186) (cid:3497)ಲರ ಆ(cid:3459)(cid:3662)(cid:3485)(cid:3692)ರ ಮ(cid:3425)(cid:3176) ಅವರ (cid:3713)ಸ(cid:3588)ನ(cid:3618)(cid:3189) ((cid:3200)(cid:3695)ಮ ಆ(cid:3601).(cid:3648).) ಸ(cid:3707)ಯಕ (cid:3497)(cid:3187) (cid:3591)ಪ(cid:3197)ರ ಮ(cid:3425)(cid:3176) ಪದ(cid:3483)(cid:3558)ತ(cid:3176) ಸ(cid:3197)(cid:4305)ರದ ಅ(cid:3468)ೕನ (cid:3197)ಯ(cid:4305)ದ(cid:3663)(cid:4305) (cid:3704)ಸ(cid:3453)ೕಯ ವ(cid:3186) ವ(cid:3707)ರಗ(cid:3635) ಮ(cid:3425)(cid:3176) (cid:3662)ಸನ ರಚ(cid:3488) ಇ(cid:3617)(cid:3218) PR-59 (cid:3704)ಸ(cid:3453)ೕಯ ವ(cid:3186) ವ(cid:3707)ರಗ(cid:3635) ಮ(cid:3425)(cid:3176) (cid:3662)ಸನ ರಚ(cid:3488) ಇ(cid:3617)(cid:3218) ಅ(cid:3468)(cid:3696)ಚ(cid:3488) (cid:3704)(cid:3218)(cid:3186) : (cid:3704)ವ(cid:3186) (cid:3662)ಇ 36 (cid:3204)(cid:3483)ಪ(cid:3187) 2026 (cid:3533)ಂಗ(cid:3636)(cid:3590), (cid:3453)(cid:3482)ಂಕ:03.10.2026.

(cid:3453)(cid:3482)ಂಕ: 20.07.2026(cid:3599)(cid:3455) (cid:3542)ರತ ಸ(cid:3197)(cid:4305)ರದ (cid:3233)(cid:3308)(cid:3361)ನ (cid:3648)(cid:3669)ಷ (cid:3704)(cid:3273)(cid:3203)ಯ Part-II-

Section-3 Sub Section (i)ರ(cid:3618)(cid:3189) ಪ(cid:3187) ಕಟ(cid:3647)ದ the Telecommunications (Authorisation for Telecommunication Network) Rules, 2026ನ GSR 644(E) ಅ(cid:3485)(cid:3180) (cid:3692)ವ(cid:4305)ಜ(cid:3483)ಕರ (cid:3557)(cid:3708)(cid:3423)(cid:3227)(cid:3228) ಕ(cid:3482)(cid:4305)ಟಕ (cid:3587)ಜ(cid:3186) ಪತ(cid:3187) ದ(cid:3618)(cid:3189) ಮ(cid:3590)ಪ(cid:3187) ಕ(cid:3348)ಸ(cid:3617)(cid:3228)(cid:3458),-32 THEGAZETTEOFINDIA:EXTRAORDINARY [PARTII—SEC.3(i)] MINISTRYOFCOMMUNICATIONS

(DepartmentofTelecommunications)

NOTIFICATION NewDelhi,the20thJuly,2026 G.S.R. 644(E).— Whereas a draft of the Telecommunications (Authorisation for Telecommunication Network)Rules,2025waspublished,asrequiredundersub-section(1)ofsection56oftheTelecommunicationsAct, 2023 (44 of 2023), in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i), vide notification number G.S.R. 746(E), dated the 9thOctober, 2025, inviting objectionsand suggestionsfrom all personslikely to be affected thereby,beforetheexpiryofaperiodofthirtydaysfromthedateonwhichcopiesoftheOfficialGazettecontainingthe

saidnotificationweremadeavailabletothepublic:

Andwhereas,copiesofthesaidOfficialGazetteweremadeavailabletothepubliconthe9thOctober,2025:

And whereas, objections and suggestions received in that period in respect of the said draft rules have been

consideredbytheCentralGovernment:

Now,therefore,inexerciseofthepowersconferredbysub-section(1)andclauses(a)and(d)ofsub-section

(2)ofsection56readwithclause(b)ofsub-section(1)andsub-section(6)ofsection3oftheTelecommunicationsAct, 2023(44of2023),theCentralGovernmentherebymakesthefollowingrules,namely:— CHAPTERI PRELIMINARY

1.Shorttitleandcommencement.—(1)TheserulesmaybecalledtheTelecommunications(Authorisationfor TelecommunicationNetwork)Rules,2026.

(2)TheyshallcomeintoforceonthedateoftheirpublicationintheOfficialGazette.

2.Definitions.—(1)Intheserules,unlessthecontextotherwiserequires,—

(a) “Act”meanstheTelecommunicationsAct,2023(44of2023);

(b) “cloud-hostedtelecommunicationnetwork”meansatelecommunicationnetworkbuiltusingtheprinciples ofcloudcomputing,whichvirtualisesnetworkfunctionsandrunthemassoftwareonstandardhardware;

(c) “cloud-hosted telecommunication network provider” means a person holding an authorisation to provide cloud-hostedtelecommunicationnetwork;

(d) “cloud-hosted telecommunication network provider authorisation” means the authorisation to establish, operate,maintainorexpandtelecommunicationnetworkreferredtoassuchinsub-rule(2)ofrule54andto providesuchtelecommunicationnetworkasaservice;

(e) “designatedagency”meansanypersondesignatedassuchbytheCentralGovernmentforthepurposesof theruleunderwhichheisdesignated;

(f) “digital connectivity infrastructure provider authorisation” means the authorisation to establish, operate, maintainorexpandthetelecommunicationnetworkreferredtoassuchinsub-rule(2)ofrule42;

(g) “entry fee”, in relation to an authorisation to establish, operate, maintain or expand telecommunication network,meansthenon-refundableamountoffeetobepaidbytheapplicantforsuchauthorisation;

(h) “in-buildingsolution”meansatelecommunicationnetworkthatisusedtoextendlastmileconnectivityfor wirelineorwirelesstelecommunicationservicewithinaspecificareaincludingbuildings,stadiums,airports, tunnelsorcampuses;

(i) “in-buildingsolutioninfrastructure”meansapassivetelecommunicationinfrastructure,activeantennasand hybridcombinersusedforin-buildingsolution;

(j) “infrastructureproviderauthorisation”meanstheauthorisationtoestablish,operate,maintainorexpandthe telecommunicationnetworkreferredtoassuchinsub-rule(1)ofrule38;

(k) “internetexchangepointproviderauthorisation”meanstheauthorisationtoestablish,operate,maintainor expandthetelecommunicationnetworkreferredtoassuchinsub-rule(1)ofrule46;

(l) “letterofintent”meanstheletterissuedundersub-rule(2)ofrule7;

(m) “mobilenumberportabilityproviderauthorisation”meanstheauthorisationtoestablish,operate,maintain orexpandthetelecommunicationnetworkreferredtoassuchinsub-rule(1)ofrule58;[ाII—ण 3(i)] ााा:अाा 33

(n) “national area”meansanetwork area, whichrefersto theterritoryofIndia,territorialwatersof India and thecontinentalshelfandexclusiveeconomiczoneofIndia,inaccordancewithsection55oftheAct;

(o) “networkarea”meansthegeographicalareainrespectofwhichauthorisationtoestablish,maintain,operate orexpandtelecommunicationnetworkisgranted,whichmaybenationalareaorzonalarea;

(p) “newauthorisedentity”,meansanauthorisedentitythathas—

(i) obtainedanauthorisationundersub-section(1)ofsection3oftheAct;or

(ii) migratedtothetermsandconditionsofanauthorisationundersub-section(6)ofsection3ofthe Act;

(q) “overlappinglicenseorauthorisation”meansthelicenseorauthorisationheldbyanapplicant,thescopeand networkareaofwhichwouldbecoveredinitsentiretywithinthescopeandnetworkareaoftheauthorisation inrespectofwhichanapplicationissubmittedunderrule6;

(r) “portal”meansportalasreferredtoinrule65;

(s) “radioaccessnetwork”,inrelationtoatelecommunicationnetwork,meansasystemorseriesofsystemsof telecommunication equipment that connects core telecommunication network and user terminals using accessspectrum;

(t) “satellite earth station gateway provider authorisation” means the authorisation to establish, operate, maintainorexpandthetelecommunicationnetworkreferredtoassuchinsub-rule(1)ofrule50;

(u) “scope”inrelationtoanauthorisation,meansthetelecommunicationnetworkforwhichsuchauthorisation isgranted;and

(v) “zonalarea”meansthenetworkareaslistedinScheduleB.

(2)WordsandexpressionsusedintheserulesandnotdefinedhereinbutdefinedintheActortherulesmadethereunder shallhavethemeaningsrespectivelyassignedtothemintheActortherulesmadethereunder.

3.Application.—(1)Theserulesprovideforthetermsandconditionsofauthorisation,whichshallapplytothe following,namely:—

(a) authorisation for establishing, operating, maintaining or expanding telecommunication network under sub-

section(1)ofsection3oftheAct;and

(b) therelevantauthorisationtothetermsandconditionsofwhichanewauthorisedentityhasmigratedtounder sub-section(6)ofsection3oftheAct.

(2)Withoutprejudicetotheprovisionsofsub-rule(1),theprovisionsoftheTelecomRegulatoryAuthorityofIndiaAct, 1997(24of1997),andtherulesandregulationsmadethereundershallcontinuetoapplyinrespectofanewauthorised entity.

CHAPTERII TELECOMMUNICATIONNETWORKANDGRANTOFAUTHORISATION

4.Authorisationfortelecommunicationnetwork.—AnypersonmayapplytotheCentralGovernmentunderrule6 toobtainauthorisationtoestablish,operate,maintainorexpandtelecommunicationnetworkthatiswithinthescope

andnetworkareaofanyauthorisationspecifiedbelow:

(a) infrastructureproviderauthorisationfornationalarea;

(b) digitalconnectivityinfrastructureproviderauthorisationfornationalarea;

(c) internetexchangepointproviderauthorisationfornationalarea;

(d) satelliteearthstationgatewayproviderauthorisationfornationalarea;

(e) cloud-hostedtelecommunicationnetworkproviderauthorisationfornationalarea;and

(f) mobilenumberportabilityproviderauthorisationforazonalarea:

ProvidedthattheCentralGovernmentmaybynotificationintheOfficialGazette,changethenumber of zonal areas in the country, amend the composition of authorised areas within each zonal area, and grant additionalauthorisationsformobilenumberportabilityineachzonalarea,throughabiddingprocess.

5.Eligibility.—Apersonspecifiedinclause(a),whoalsofulfilstheconditionsinclauses(b)and(c),shallbeeligible toapplyforauthorisationunderrule6,namely:—

(a) itisacompany—34 THEGAZETTEOFINDIA:EXTRAORDINARY [PARTII—SEC.3(i)]

(i) in which foreign direct investment, if any, is in conformity with the policy issued by the GovernmentofIndiafromtimetotimeinrespectofforeigndirectinvestmentandapplicablelaw; and

(ii) the general character of whose management is sound in terms of its track record in providing telecommunication services or in establishing, operating, maintaining or expanding

telecommunicationnetworksinaresponsiblemanner:

Providedthatifitappliestoobtainauthorisationforsatelliteearthstationgateway,itshallbeacompany asreferredtoinclause(a),whichfulfilsthefollowingcriteria,namely:—

(i) acompanythathasthesatelliteorspacesegmentcapacityauthorisedbytheDepartmentofSpace intheGovernmentofIndia,oranyotherdesignatedagencyspecifiedforthispurpose;

(ii) asubsidiaryofanentityundersub-clause(i);or

(iii) acompanyhavingagreementwithacompanyundersub-clause(i),forestablishing,maintaining, operating or expanding satellite earth station gateway in respect of the satellite network of such

entityinIndia:

Provided further that if it applies to obtain authorisation for mobile number portability, it shall be a companyasreferredtoinclause(a),whichfulfilsthefollowingcriteria,namely:—

(i) it or its material shareholder has no beneficial interest in another new authorised entity that holds unifiedserviceauthorisation,accessserviceauthorisation,orlongdistanceserviceauthorisation,or a license to provide access services, national long distance services or international long distance services;and

(ii) itoritsmaterialshareholderhasnobeneficialinterestinanothernewauthorisedentityorlicensee thatholdsanauthorisationorlicensetoprovidemobilenumberportabilitynetwork;

(b) ithasnopendingdues;

(c) itholdsnoauthorisationorlicensefortelecommunicationservices,thescopeandserviceareaofwhichcovers initsentirety,thescopeandnetworkareaoftheauthorisationthatitintendstoobtainundertheserules:

ProvidedthattheCentralGovernmentmay,ifitissatisfiedthatitisnecessaryinpublicinterestsotodo,exempt orrelaxanyconditionunderthisrule.

6.Applicationforauthorisation.—(1)Apersonintendingtoobtainanauthorisationundertheserules,exceptfora mobilenumberportabilityproviderauthorisation,shallsubmitanapplicationontheportal,insuchformandmanner andaccompaniedbysuchdocumentsasspecifiedtherein.

(2)Apersonintendingtoobtainmobilenumberportabilityproviderauthorisationshallparticipateinthebiddingprocess conductedbytheCentralGovernmentandshallsubmitanapplicationinsuchformandmannerasspecifiedinthecall forapplicationsforsuchbiddingprocess.

(3)Everyapplicationundersub-rules(1)or(2)shallbeaccompaniedby—

(a) anon-refundableprocessingfeeasspecifiedinScheduleA;and

(b) acertificatebyitsauditorappointedundertheCompaniesAct,2013(18of2013),insuchformasspecifiedon theportal,certifyingthatitmeetstheeligibilitycriteriaunderrule5.

(4)Iftheapplicantholdsanyoverlappinglicenseorauthorisation,itshallrelinquishsuchexistingoverlappinglicense orauthorisationasrequiredundertheserules.

(5) If the pendingdues referred to in clause (b) of rule 5 are subject to ongoing legal proceedingsin which there isa judicialorderinjunctingpaymentofsuchdues,theapplicantshall—

(a) complywiththeconditionsthatmayhavebeenimposedinsuchorder;and

(b) submitanundertakingtomakethepayments,subjecttotheoutcomeofsuchproceedings, and submitwith its application a certificate by its auditor appointed under the Companies Act, 2013 (18 of 2013), in suchformasspecifiedontheportal,certifyingcompliancewiththissub-rule.

(6)Anyapplicationmadeforgrantofalicenseorletterofintentforgrantofalicensethatmayhavebeenissuedunder theIndianTelegraphAct,1885(13of1885),priortothedateofcommencementoftheserules,shalllapseifthelicense undertheIndianTelegraphAct,1885(13of1885)pursuanttosuchapplicationorletterofintenthadnotbeenissued priortothedateofcommencementoftheserules.[ाII—ण 3(i)] ााा:अाा 35

(7)Anapplicanttowhomaletterofintentissuedundersub-rule(6)haslapsedmaymakeanapplicationundersub-rule

(1)forgrantofauthorisation:

Provided that any non-refundable processing fee or entry fee paid or bank guarantee furnished pursuant to such letterofintentmaybereckonedtowardsfulfilmentofanyrequirementundertheserulesastopaymentofanyprocessing fee or entry fee or submission of guarantee under these rules, as the case may be, while paying or submitting fee or guaranteetotheextentofshortfall,ifany,afteradjustingtheamountpaidorsubmittedpreviously.

7.Grantofauthorisation.—(1)Onreceiptofanapplicationunderrule6,theCentralGovernmentmay,makesuch inquiryasitdeemsfitregardingtheeligibilityoftheapplicantand,forthispurpose,requiretheapplicanttofurnish suchinformationasitmaycallfor.

(2)TheCentralGovernmentmay,—

(a) if it is satisfied that the applicant is eligible, issue a letter of intent to such applicant through the portal, specifyingtherequirementstobefulfilledforobtainingauthorisation,including—

(i) payment of entry fee and submission of an unconditional and irrevocable guarantee for such authorisationofanamountspecifiedinScheduleAorforanamountinaccordancewithsub-rule(7)of rule6,asthecasemaybe;and

(ii) submission of an unconditional and irrevocable undertaking in such form and manner as specified on the portal, relinquishing the overlapping license or authorisation, if any, from the effective date of authorisation;or

(b) rejecttheapplication.

(3) On being satisfied that the requirements specified in the letter of intent are fulfilled by the applicant, the Central Governmentmaygrantauthorisationthroughtheportalwhilespecifying,amongotherthings,—

(a) itsscope;

(b) thenetworkareaandthedurationforwhichauthorisationisgranted;and

(c) theeffectivedateofsuchauthorisation:

Provided that the Central Government may, in respect of application for obtaining infrastructure provider authorisationorinternetexchangepointproviderauthorisation,grantsuchauthorisationtotheapplicantthatiseligible withoutpriorissuanceofaletterofintent.

(4)Eachauthorisationgrantedundertheserulesshallbeonanon-exclusivebasisandadditionalauthorisationsforsame telecommunicationnetworkmaybegrantedbytheCentralGovernmentwithinthesameorothernetworkareawithout anyrestrictiononthenumberofnewauthorisedentities.

(5)Thegrantofauthorisationundertheserulesshallnotbeconstruedasconferringanyrighttotheassignmentoruse ofspectrumonanewauthorisedentityandanyassignmentoruseofspectrumshallbegovernedbytheapplicablelaw.

8.Overlappinglicenseorauthorisation.—(1)Anewauthorisedentityshallnotbepermittedtoholdanyoverlapping licenseorauthorisation.

(2) The relinquishmentof anoverlapping license or authorisation, if any, shallbe withoutprejudice to any rightsand liabilitiesarisingfromsuchlicenseorauthorisation,asthecasemaybe,andinparticular,shallnotaffectthefollowing,

namely:—

(a) rolloutobligations,andanyotherrelevantobligationsorliabilitiesincludingfinancialdues,determinationsof violationsandimpositionofpenaltythereof,ifany,associatedwithsuchoverlappinglicenseorauthorisation, shallremainapplicableunderthetermsandconditionsthereof,evenaftertherelinquishment,asthecasemay be;and

(b) theresourceprovidedandpermissiongivenbytheCentralGovernmentwithrespecttosuchoverlappinglicense or authorisation, shall continue to apply in accordance with the terms on which it was obtained, unless the CentralGovernmentdeterminesotherwiseinpublicinterest.

Explanation.—Forthepurposesofclause(b),theexpressions—

1. “resource”means—

(a) thetelecommunicationidentifiersalreadyallocated;or

(b) spectrumassignedtothenewauthorisedentity;or

(c) certificate of compliance heldby thenew authorised entityin respectof theoverlapping license or authorisation.36 THEGAZETTEOFINDIA:EXTRAORDINARY [PARTII—SEC.3(i)]

2. “permission”includescoveragetestcertificatesasapartofcomplianceofrolloutobligations,clearances, approvals, permissions for deployment for foreign nationals granted to the new authorised entity, and otherpermissionsincludingforremoteaccessandgatewayspermissions.

CHAPTERIII GENERALCONDITIONS

9.Durationofauthorisation.—Thedurationofeachauthorisationgrantedunderrule7shallbesuchasisspecified underthesaidrule,subjecttoamaximumoftwentyyearsandtheprovisionsofrules14,15and64:

Providedthatthedurationofmobilenumberportabilityproviderauthorisationshallbesubjecttomaximumof tenyears.

10.Continuedadherencetoeligibilityconditions.—Everynewauthorisedentityshall,throughoutthedurationof authorisation,adheretotheconditionsunderrule5.

11.Reportinganddisclosure.—(1)Everynewauthorisedentityshall—

(a) submitthefollowingtotheCentralGovernmenteveryyear,onsuchdateandaccompaniedbyacertificateby itsauditor appointedunder the CompaniesAct, 2013 (18of 2013), in suchformandmanner as specifiedon theportal,certifying— thedetailsofitsIndianandforeignequity,bothdirectandindirect;

detailsofpersonshavingcontroloverit;and compliancewithrule10:

Provided that the Central Government may exempt new authorised entities that have turnover not exceedingsuchamountasmaybespecifiedontheportal,fromtherequirementtomakesuchsubmission.

Explanation.—For the purposes of sub-clause (i), direct and indirect foreign equity shall be determined in accordance with the policy issued bythe GovernmentofIndiafromtime to time in respectof foreigndirectinvestment;

(b) reportanychangeinrespectofthefollowingtotheCentralGovernment,insuchformandmannerasspecified ontheportal,namely:—

(i) change in itsshareholdersresulting from an acquisition, which shall be reported within fifteen days

fromthedateofsuchchange:

Providedthatinrelationtoanewauthorisedentitywhichislistedonthestockexchange,only suchchangeinshareholdingsasisrequiredtobedisclosedundertheSecuritiesandExchangeBoard of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 made under the SecuritiesandExchangeBoardofIndiaAct,1992(15of1992)orthebye-lawsorlistingconditions ofthestockexchangeconcerned,isrequiredtobereportedunderthissub-clause;

(ii) changeinthenameunderwhichithasbeenregisteredundertheCompaniesAct,2013(18of2013), accompanied by certified copy of the certificate of such registration, which shallbe reported within thirtydaysfromthedateofissueofsuchcertificate;and

(iii) change in itsdetails, including in respectof foreign equity,control, addressand contactdetails, and anyothermaterialchangeinthedetailssubmittedpreviously,whichshallbereportedwithinfifteen daysofsuchchange;and

(c) furnishtotheCentralGovernmentsuchdocuments,accounts,estimates,returns,reportsorotherinformation astheCentralGovernmentmayrequiresuchnewauthorisedentitytofurnish,whichshallbefurnishedwithin suchperiodasmaybespecifiedbytheCentralGovernment.

(2)EverynewauthorisedentityshallnominateandcommunicatetotheCentralGovernmentandthedesignatedagency, insuchformandmannerasspecifiedontheportal,thedetailsofanodalpersonofsuchnewauthorisedentity,basedin India,whoshallberesponsibleforprovidinganyreportorinformationorextendingthenecessarysupportasrequired undertheserules.

(3) If there is admission of an application for initiation of corporate insolvency resolution process against a new authorisedentityundertheInsolvencyandBankruptcyCode,2016(31of2016),suchnewauthorisedentityshall—

(a) withinforty-eighthoursofsuchadmission,informtheCentralGovernmentinthisregardinwriting;and[ाII—ण 3(i)] ााा:अाा 37

(b) forthwith furnish to the Central Government, a copy of the order of the National Company Law Tribunal admittingsuchapplication.

12.Transfer.—(1)AnauthorisationmaybeassignedortransferredonlywiththepreviousapprovaloftheCentral Governmentinwriting,pursuantto—

(a) amerger,demerger,acquisitionorotherformofrestructuringunderapplicablelaw;or

(b) exercise of security interest by a lender to the new authorised entity that holds such authorisation under the provisionsofsection45oftheAct.

(2)Saveasprovidedundersub-rule(1),anewauthorisedentityshallnot—

(a) assign or transfer, in any manner whatsoever, directly or indirectly, in whole or in part, any authorisation grantedtoit;

(b) enterintoanypartnershiporagreementforsuchassignmentortransfer;or

(c) createanyinterestinsuchauthorisationinfavourofathirdparty,exceptasprovidedundersection45ofthe Act.

13.Renewal.—(1)Everynewauthorisedentitymaysubmitanapplicationforrenewalofauthorisation,insuchform andmannerasspecifiedontheportal,atleasttwelvemonthspriortotheexpiryoftheauthorisation,accompaniedby processingfeeasspecifiedinScheduleA.

(2) On receipt of a written request from a new authorised entity, the Central Government may permit an application aftertheperiodspecifiedinsub-rule(1),ifitissatisfiedthattherewassufficientcausefornotmakingsuchapplication withinsuchperiod,subjecttopaymentofsuchlatefeesasmaybespecifiedbytheCentralGovernmentinresponseto suchrequest.

(3) The Central Governmentmay, in its discretion, on receipt of an application under sub-rules (1) or (2), renew the authorisationforsuchperiodasdecidedbytheCentralGovernment,subjecttomaximumoftwentyyears:

Providedthatrenewalformobilenumberportabilityproviderauthorisationshallbeforsuchperiodasmaybe decidedbytheCentralGovernment,subjecttomaximumoftenyears.

(4)Everyrenewalofauthorisationundersub-rule(3)shallbesubjecttotheapplicablelawatthetimeofsuchrenewal.

(5)Iftheauthorisationisnotrenewed,suchauthorisationshallexpireattheendofitsvalidityperiod.

(6)Everynewauthorisedentityshallmaintainthetelecommunicationnetworktilltheexpiryofitsauthorisation.

14.Revocationofauthorisation.—(1)TheCentralGovernmentmay,withoutprejudicetoanyactionthatmaybe takenundersection21oftheAct,byorder,revokeanauthorisationofanewauthorisedentityinthefollowing circumstances,namely:—

(a) if,atanystageitisfoundthatanyoftherepresentations,submissionsordocumentsthathadbeenprovidedby suchnewauthorisedentitywithorduringtheprocessingofanapplicationforauthorisationwerefalse;

(b) if,anewauthorisedentityisdirectedtobeplacedintoliquidationorisorderedtobewoundup;

(c) if,theTelecomRegulatoryAuthorityofIndia,inaccordancewiththeTelecomRegulatoryAuthorityofIndia Act,1997(24of1997),recommendsrevocationofauthorisation.

(2)Priortoissuinganyorderundersub-rule(1)onoccurrenceofeventsspecifiedinclauses(a)and(c)ofsub-rule(1), theCentralGovernmentshallgiveanopportunityofbeingheardtothenewauthorisedentityreferredtoinsub-rule(1).

(3)Everyorderundersub-rule(1)shallbepublishedbytheCentralGovernmentontheportalandbeeffectivefromthe sixty-firstdayfromthedateofpublishingofsuchorder,andthenewauthorised entityshallgivepublicnoticeofsuch orderofrevocationwithinforty-eighthoursofitbeingpublishedontheportal.

(4) The new authorised entity shall maintain the telecommunication network till the effective date referred to in sub-

rule(3).

15.Surrenderofauthorisation.—(1)Anewauthorisedentityseekingtosurrenderanauthorisation,shallsubmitan applicationinsuchformandmannerasspecifiedontheportal,accompaniedbyanundertaking,andotherinformation asmaybespecifiedontheportal.

(2) The Central Governmentmay approve or reject an application submitted under sub-rule (1), and if approved, the detailsrelatingtotheauthorisationthatissurrenderedshallbepublishedontheportal.

(3)Thenewauthorisedentitysurrenderingitsauthorisationunderthisruleshall,withinforty-eighthoursofsuchdetails beingpublishedontheportal—38 THEGAZETTEOFINDIA:EXTRAORDINARY [PARTII—SEC.3(i)]

(a) givepublicnoticeofsuchsurrender;

(b) giveeveryothernewauthorisedentityorlicensee,withwhomithasenteredintoagreementsforsharingofits telecommunication network or passive telecommunication infrastructure, notice of the effective date of surrender,whichshallbethirty-firstdayfromthedateofsuchnotice;and

(c) communicate to the Central Government the effective dateof such surrender as communicated to other new authorisedentityorlicenseeunderclause(b).

(4)Everynewauthorisedentityshallmaintainthetelecommunicationnetworktilltheeffectivedatereferredtoinclause

(b)ofsub-rule(3).

(5)EverynewauthorisedentityshallpayallamountsdueandpayabletotheCentralGovernmenttilltheeffectivedate ofsurrenderreferredtoinclause(b)ofsub-rule(3),includinginrespectofauthorisationfee.

(6)Everynewauthorisedentitysurrenderingitsauthorisationunderthisruleshallnotbeentitledtorefundofanyfees orchargespaidinrespectof,orundersuchauthorisation.

16.Actionspursuanttorevocation,surrenderorexpiryofauthorisation.—(1)Onrevocation,surrenderorexpiry oftheauthorisationheldbyanewauthorisedentity,itshallmanageitsradioequipmentinaccordancewithapplicable law.

(2)Anewauthorisedentitythathasprovidedtelecommunicationresourcestoorhasinterconnectionorpeeringwith anyothernewauthorisedentityorlicensee,andiftheauthorisationorlicenseofsuchotherentityorlicenseeis subsequentlyrevoked,orhasbeensurrenderedorexpired,thenewauthorisedentitythathasprovidedtheresourceor enteredintoanagreement,shallwithdrawitstelecommunicationresources,ordisconnectsuchinterconnectionor peering,asthecasemaybe,ontheeffectivedateofrevocation,surrenderorexpiryofauthorisationorlicenseofthe otherentityorlicensee.

17.Consequence of migration.—(1) If a new authorised entity submits an application for migration under the Telecommunications (Terms and Conditions for Migration) Rules, 2026, the relinquishment of any overlapping authorisationofsuchnewauthorisedentityshallbecomeeffectiveontheeffectivedateofsuchmigration.

(2)Therelinquishmentoftheoverlappingauthorisationshallbewithoutprejudicetorightsandliabilitiesarisingfrom suchoverlappingauthorisation,whichshallremainapplicableinaccordancewiththeTelecommunications(Termsand ConditionsforMigration)Rules,2026.

18. Relinquishment of authorisation.—(1) If a new authorised entity that holds an authorisation under these rules makesan application toobtain an authorisation under clause (a) of sub-section (1) of section 3 of the Act, the scope andserviceareaofwhichcoversinitsentirety,thescopeandnetworkareaoftheauthorisationalreadyheldbyitunder these rules, it shall together with such application submit an unconditional and irrevocable undertaking that it shall relinquishtheauthorisationgrantedundertheserulesifitisgrantedanauthorisationpursuanttothatapplication.

(2)Therelinquishmentofanauthorisationunderthisruleshallbecomeeffectiveontheeffectivedateoftheauthorisation grantedunderclause(a)ofsub-section(1)ofsection3oftheAct.

(3)Therelinquishmentofanauthorisationunderthisrule,shallbewithoutprejudicetoanyrightsandliabilitiesarising fromsuchauthorisationandinparticular,shallnotaffectthefollowing,namely:—

(a) any other relevant obligations or liabilities including financial dues, determinations of violations and imposition of penalty thereof, if any, associated with such authorisation, shall remain applicable under the termsandconditionsthereof,evenaftertherelinquishment,asthecasemaybe;and

(b) the resource provided and permission given by the Central Government with respect to such authorisation, shallcontinuetoapplyinaccordancewiththetermsonwhichitwasobtained,unlesstheCentralGovernment determinesotherwiseinpublicinterest.

Explanation.—Forthepurposesofclause(b),theexpressions—

(a) “resource”includesanytelecommunicationidentifierallocatedtothenewauthorisedentityandanyright ofwaygrantedtothenewauthorisedentity;

(b) “permission” includes any certificates granted towards satisfaction of obligations under the relevant authorisation,clearances,approvals,permissionsfordeploymentforforeignnationalsgrantedtothenew authorisedentity,andotherpermissionsincludingforremoteaccessandgatewayspermissions.[ाII—ण 3(i)] ााा:अाा 39

19.Setoff.—(1)TheCentralGovernmentmayadjustorsetoffanyamountpayablebyanewauthorisedentitytothe CentralGovernmentagainstanyamountpayablebyittosuchnewauthorisedentity,whethersuchamountispresently dueormaybecomedueatanytimeinfuture,includinganyamountarisingfromtheencashment,claimor appropriationoftheguarantee.

(2)TheCentralGovernmentshall,subsequenttoanyactiontakenundersub-rule(1),informthenewauthorisedentity ofsuchset-off.

20.Recoveryofdues.—Withoutprejudicetoothermodesofrecovery,anyamountduetotheCentralGovernmentby anewauthorisedentity,ifnotpaid,shallberecoveredasanarrearoflandrevenue.

21.Powertocallforinformation.—TheCentralGovernmentmay,forthepurposesofgivingeffecttotheserules, requireanewauthorisedentitytofurnishsuchinformationasitmaycallfor.

22.Powertorelax.—WheretheCentralGovernmentconsidersitnecessaryorexpedientsotodo,onarequestmade by a new authorised entity or otherwise, on occurrence of a natural calamity or any event which in its opinion has preventedsuchnewauthorisedentityorclassofsimilarlysituatednewauthorisedentitiesfromperformanceofanyof its obligations under these rules, by order and for reasons to be recorded in writing, relax such performance for such periodandsubjecttosuchtermsandconditionsasitmaydecide.

23.Powertoissueorders,directionsorguidelines.—TheCentralGovernmentmay,forthepurposesofgivingeffect totheserules,issueorders,directionsorguidelinesnotinconsistentwiththeActortheserules,whichshallconstitute thetermsandconditionsapplicabletoeverynewauthorisedentity.

CHAPTERIV TECHNICALANDOPERATINGCONDITIONS

24.Telecommunicationnetwork.—(1)Everynewauthorisedentityhavinganauthorisationundertheserules,while confirmingwiththescopeofsuchauthorisation,mayestablish,operate,maintainorexpandtelecommunication networkandmayalsopossessradioequipment,withoutrequiringseparateauthorisationunderclause(c)ofsub-

section(1)ofsection3oftheAct.

(2)Everynewauthorisedentityshallestablish,operate,maintainorexpandthetelecommunicationnetworkusingany technology pursuant to its authorisation in accordance with the Act and rules made thereunder, and shall ensure that such telecommunication equipment, telecommunication identifier and telecommunication network used are in conformity with applicable standards and conformity assessment measures that the Central Government may notify undersection19oftheAct:

Provided that the Central Government or the designated agency may carry out performance tests on such telecommunication network, telecommunication equipment or systems to ascertain conformity with applicable

standardsandconformityassessmentmeasures:

Providedfurtherthatthenewauthorisedentityshallsupplysuchtools,testinstrumentsandotheraccessoriesand extend suchnecessary supportas the Central Governmentor the designated agency may specify, for conducting tests onthetelecommunicationnetwork,atanytimethroughoutthedurationoftheauthorisation.

(3)Everynewauthorisedentityshallsynchroniseitstelecommunicationnetwork’ssystemclockwiththenationalclock, inaccordancewiththeorders,directionsandguidelinesissuedbytheCentralGovernment,andinaccordancewithsuch standardsfortelecommunicationnetworksynchronisationasmaybenotifiedbytheCentralGovernment.

(4)Everynewauthorisedentityshallfurnishdetailsoftelecommunicationnetwork,includingthedetailsoftechnology deployedbyit,totheCentralGovernmentorthedesignatedagency,atsuchtimesasmayberequiredpursuanttoany directionissuedbytheCentralGovernmentinthisregard.

(5)Everynewauthorisedentityshallmakeitsownarrangements,includinginrespectofrightofwayforestablishing, operating,maintainingorexpandingtelecommunicationnetworksandshallbesolelyresponsiblefortheestablishment, operation,maintenance,expansion and commissioningofnecessary infrastructure, telecommunicationequipmentand systems,andallaspectsofitstelecommunicationnetwork.

(6)Thenon-availabilityofrightofwayordelaysinobtainingrightofwaypermissionbythenewauthorisedentityshall notbeacauseorgroundfornon-compliancewithanyobligationsundertheserules.

(7) If a new authorised entity requires right of way for establishing, operating, maintaining or expanding its telecommunicationnetwork,itshallnot,directlyorthroughitsfacilityprovider,enterintoanyagreementforexclusive grantofsuchrightofwaywiththepersonhavingtherighttograntthatrightofway.

(8)Anydisputewithregardtotheprovisionoftelecommunicationnetworkshallonlybebetweentheaggrievedparty andthenewauthorisedentityandtheCentralGovernmentshallnotbearanyliabilityorresponsibilityinthematter.40 THEGAZETTEOFINDIA:EXTRAORDINARY [PARTII—SEC.3(i)]

(9) Every new authorised entity shallindemnifythe Central Governmentagainstall claims,cost, charges or damages arisingfromanyclaimsfromtheaggrievedpartyundersub-rule(8)foranyreasonwhatsoever.

(10) Every new authorised entity shall for the purposes of disaster management, ensuring public safety or providing response to an emergency or a disaster as defined under the Disaster Management Act, 2005 (53 of 2005), adhere to suchdirectionsorguidelinesissuedbytheCentralGovernmentinthisregard.

(11)Everynew authorisedentity shall adhere toorders,directionsorguidelines issued by the CentralGovernmentin respectofthefollowing,namely:—

(a) deploymentofenergyefficienttelecommunicationequipment;

(b) preferentialmarketaccessforprocurementofindigenouslymanufacturedtelecommunicationequipment;and

(c) disposaloftheradioequipment.

25.Locationoftelecommunicationnetworksystems.—(1)Everynewauthorisedentityshallprovidelocation detailsofallsuchsystemofitstelecommunicationnetworktotheCentralGovernmentasitmaydirect.

(2)Everynewauthorisedentityshall,priortoestablishmentoftelecommunicationnetwork,insecuritysensitiveareas asmaybespecifiedbytheCentralGovernment,applytotheCentralGovernmentontheportal,foritsapproval.

(3) Everynew authorised entity shallensurethat allsystemsof itstelecommunicationnetwork and thedata,logsand informationassociatedwithitstelecommunicationnetworkshallbestoredwithinIndiaandnocopiesofsuchdata,logs andinformationshallberouted,sharedormadeavailableoutsideIndia.

(4) Every new authorised entity shall adhere to the maps provided by the Survey of India for precise delineation of networkareaofauthorisationalonginternationalborders,ifany.

26.Righttoinspectandundertakeassessments.—(1)TheCentralGovernmentmay,forthepurposesofmonitoring compliancewiththeserules,afterissuingareasonablenoticetoanewauthorisedentityinthisregard,—

(a) access and inspect the sites where telecommunication equipment and telecommunication network are established,includingwithinauser’spremises;

(b) auditprocessesorsystemsestablishedbysuchnewauthorisedentityforcomplianceoftheserules:

ProvidedthatnonoticeshallberequiredtosuchnewauthorisedentityiftheCentralGovernmentconsidersthat

immediateactionisnecessaryorexpedientinpublicinterest:

Provided further that the Central Government may appoint a designated agency to audit processes or systems established by that new authorised entity for compliance of these rules, on such charges as decided by the Central Government,whichshallbepayablebythatnewauthorisedentity:

Provided also that such designated agency shall not collect nor require the disclosure of any information, the disclosure of which may harm the competitive position of any user or the new authorised entity, including any confidential data, commercially price sensitive data, trade secrets, intellectual property, or information covered by

fiduciaryrelationshipfromthetelecommunicationnetworkorpremisesofthatnewauthorisedentityoruser:

Provided also that if the Central Government considers the collection of information of new authorised entity thatiscoveredbythethirdprovisoisnecessaryforarrivingatthefindingsoftheaudit,thenitmaydirectthedesignated agencytocollectsuchdataandthedecisionoftheCentralGovernment inthisregardshallbefinal.

(2)Everynewauthorisedentityshallprovidethenecessaryfacilitiesandsupporttofacilitatetheauditandinspection asrequiredundersub-rule(1).

CHAPTERV SECURITYCONDITIONS

27.Managementofnewauthorisedentity.—(1)Everynewauthorisedentityshallensurethefollowing,namely:—

(a) majorityofdirectorsontheboardofsuchnewauthorisedentityshallbeIndiancitizens;and

(b) the chief officer in charge of telecommunication network, security, officers in charge of core telecommunicationnetworkandsystemadministratorsofsuchnewauthorisedentityshallberesidentIndian citizens.

(2)EverynewauthorisedentityshallensuresecurityvettingofanyforeignnationalbytheMinistryofHomeAffairsin theGovernmentofIndia—[ाII—ण 3(i)] ााा:अाा 41

(a) prior to the appointment of such foreign national to the position of the chairman, managing director, chief executiveofficerorchieffinancialofficer,andsuchsecurityvettingshallbedoneonanannualbasisforthe durationofsuchappointment;and

(b) priortothedeploymentofsuchforeignnationalfortheestablishment,operation,maintenanceorexpansionof itstelecommunicationnetwork.

(3)Everynewauthorisedentityshallapplyforsecurityvettingspecifiedinsub-rule(2),inaccordancewiththeorders, directions or guidelines issued by the Central Government, and the decision of the Ministry of Home Affairs in the GovernmentofIndiashallbebindingonsuchnewauthorisedentity.

28.Maintenanceofrecords.—Everynewauthorisedentityshall—

(a) ensure that all documentation, including software details of telecommunication equipment and system are obtained from manufacturer, vendor or supplier of telecommunication equipment and systems in English languageandpreservesuchdocumentation;

(b) maintainarecordofallsoftwareupdatesandchanges,andprovidetotheCentralGovernmentdetailsofsuch category of software updatesand changes within fifteen days of completion of such updates and changes as

decidedbytheCentralGovernmentfromtimetotime:

Providedthatthisclauseiswithoutprejudicetotheobligationsofanewauthorisedentityinrespect of critical telecommunication infrastructure under the Telecommunications (Critical Telecommunication Infrastructure)Rules,2024.

(c) obtainthedetailsofthesupplychainofthetelecommunicationequipmentandsystems,fromthemanufacturer, vendor or supplier of the telecommunication equipment and systems at the time of procurement and keep a recordofthesame;

(d) keeparecordofoperationandmaintenanceprocedureintheformofamanual;

(e) maintain and store records of all operations and command logs, which shall include the details of command givenalongwiththedetailsofexecutingauthority,date,timeandplace,inamannersoastoenableaccessto theCentralGovernmentordesignatedagency—

(i) onreal-timebasis,foraminimumperiodoftwelvemonths;and

(ii) onanon-realtimebasisindigitalmodeforthenexttwenty-fourmonths.

29.Securinginformationtransactedthroughtelecommunicationnetwork.—(1)Everynewauthorisedentityshall takeadequateandtimelymeasurestoensurethatthemessagescommunicatedthroughthetelecommunicationnetwork issecureandprotected.

(2)Everynewauthorisedentityshallensureprivacyofmessagescommunicatedthroughitstelecommunicationnetwork

andthatunauthorisedinterceptionofmessagesdoesnottakeplace:

Provided that nothing in this sub-rule shall prevent the new authorised entity from providing records of messagesandotherdatafromitstelecommunicationnetworktotheCentralGovernmentortheauthorisedagency,on receiptofadirectioninexerciseofpowersundertheapplicablelaw.

Explanation.—In this sub-rule “authorised agency” shall have the same meaning as assigned to it in the Telecommunications(ProceduresandSafeguardsforLawfulInterceptionofMessages)Rules,2024.

(3) Every new authorised entity shall, on receiving a request by the Central Government or the designated agency, provide information and support as necessary in respect of any investigation for detection of misuse of telecommunicationresourcesorestablishmentofanyclandestineorillegaltelecommunicationnetwork,andanythreat totelecomcybersecurity.

30.Preventionofuseoftelecommunicationnetworkforunauthorisedorunlawfulactivities.—Everynew authorisedentityshallensurethatitstelecommunicationnetworkisusedonlyforbonafidepurposesandisnotused forundertakinganyactivitiesorcommissioninganyactionthatconstitutesanoffenceundertheAct,theBharatiya NyayaSanhita,2023(45of2023)oranyotherlawforthetimebeinginforce,includinglawsprohibitingcrimes againsttheState.

31.Trustedsourcesandtrustedproducts.—(1)Forthepurposesofthisrule,thedesignatedauthorityshallbethe NationalCyberSecurityCoordinatoroftheCentralGovernment,whoshalldeterminethecategoriesof telecommunicationequipmentforwhichthesecurityrequirementsrelatedtotrusted sourcesandtrustedproductsare applicable,andspecifythesameonitswebsiteforthispurpose.

(2) The designated authoritymay specify the listof trusted sourcesalong with the associated trusted productsfor the categoriesoftelecommunicationequipmentasspecifiedundersub-rule(1).42 THEGAZETTEOFINDIA:EXTRAORDINARY [PARTII—SEC.3(i)]

(3) The designated authority may specify the procedure for inclusion of telecommunication equipment in the list of trustedsourcesandtrustedproductsreferredtoinsub-rule(2).

(4) The designated authority may also specify a list of persons from whom no procurement of telecommunication equipmentmaybeundertaken.

(5) Every new authorised entity shall adhere to conditions as specified by the designated authority on its website for procurement of telecommunication equipment and establish, operate, maintain or expand only trusted products in its telecommunicationnetwork.

(6) Every new authorised entity shall register itself on the website specified by the designated authority and provide relevantdetailsrelatingtothetelecommunicationnetworkortelecommunicationequipmentasmayberequiredbysuch authority.

(7)Everynewauthorisedentityshall,priortotheprocurementoftelecommunicationequipmentorcategoriesthereof, forestablishingitstelecommunicationnetworkoranyupgradationorexpansionthereof,adheretothefollowingprocess,

namely:—

(a) if the designated authority has already determined certain telecommunication equipment as trusted products andtheircorrespondingtrustedsourcesundersub-rule(2),suchnewauthorisedentityshallensurecompliance withthesameandsubmittothedesignatedauthority,—

(i) thelistoftelecommunicationequipmentandthesourcesfromwhichitisplanningtoprocure;and

(ii) periodic reports of procurement of telecommunication equipment and sources thereof, and the locations ofdeploymentofthesame;

(b) ifclause(a)isnotapplicable,suchnewauthorisedentityshallsubmittothedesignatedauthoritythedetailsof thetelecommunicationequipmentandtheirsourcesfromwhichitisintendingtoprocurethesame,asperthe procedurespecifiedbythedesignatedauthorityforthispurposeundersub-rule(3);

(c) if the designated authority approves the telecommunication equipment and their sources as submitted under clause(b)above,suchnewauthorisedentityshallproceedtoprocureandinstallthesame;and

(d) such new authorised entity shall adhere to directions or guidelines, including the guidance for enhanced supervision and effective control of telecommunication networks, issued by the Central Government or the designatedauthority.

(8) Every new authorised entity shall provide relevant technical, operational, supply chain and security-related informationrelatingtothetelecommunicationequipmentdeployedorbeingdeployedinitstelecommunicationnetwork, onreceivingarequestfromtheCentralGovernmentorthedesignatedauthorityinthisregard.

(9)EverynewauthorisedentityshallsubmittotheCentralGovernmentorthedesignatedagency,compliancereports underthisrule,throughtheportal,withinsuchdateasmaybespecifiedtherein.

(10)TheserulesshallbewithoutprejudicetoanyothermeasuretakenbytheCentralGovernment,thatitmayconsider necessaryorexpedientforthepurposeofnationalsecurityundersection21oftheAct,whichshallbebindingonnew authorisedentities.

32.Breachofsecurityprovisions.—(1)Anycivilpenaltyimposedforbreachofsecurityprovisionsonanew authorisedentityshallbewithoutprejudicetoanyotherliabilityandcriminalproceedingsunderapplicablelaw.

(2)TheCentralGovernmentmayblacklistsuchmanufacturer,vendororsupplierfromdoingbusinessinIndiawhohas supplied the telecommunication equipment, including hardware or software that has caused the breach of security provisionundertheserules.

(3) Every new authorised entity shall include a provision to give effect to sub-rule (2), in the agreement signed with manufacturers,vendorsorsuppliers.

33.Prohibitionofcertainactivities.—Everynewauthorisedentityshallensurethatitstelecommunicationnetwork orinstallationthereofdoesnotbecomeasafetyorhealthhazardandisnotincontraventionofanyapplicablelaw.

34.Providingremoteaccesstotelecommunicationnetwork.—(1)Everynewauthorisedentityshallseekprior permissionoftheCentralGovernment,toprovideremoteaccesstoitstelecommunicationnetworkfromalocation outsideIndiaandforseekingsuchpermissionitshallprovidethefollowingdetails,namely:—

(a) purposeanddurationofsuchremoteaccessanddetailsofthepersonwhoshallaccessitstelecommunication network;and

(b) detailsofthespecificlocationofthetelecommunicationnetworkwithinIndiatowhichremoteaccessissought fromthespecificlocationoutsideIndia.[ाII—ण 3(i)] ााा:अाा 43

(2)Anewauthorisedentitymay,pursuanttothepermissionobtainedundersub-rule(1),provideremoteaccesstoits telecommunicationnetwork,subjecttothefollowingconditions,namely:—

(a) such new authorised entity shall provide remote access only through approved locations within India from approvedlocationsoutsideIndiaandshallbelimitedtothepurposeasspecifiedundersuchpermission;

(b) theremoteaccesstothetelecommunicationnetworkshallnotenableaccesstolawfulinterceptionsystemand lawfulinterceptionandmonitoringfacilities,calldetailrecords,callcontentofmessages,andanyothersuch sensitivedataasmaybespecifiedtheCentralGovernmentthroughorders,directionsorguidelinesthatitmay issueinthisregard;

(c) suchnewauthorisedentityshallprovidesuchsuitabletechnicalsystems,asmaybespecifiedontheportal,at theapprovedlocationinIndia,thatisconnectedwiththeapprovedlocationoutsideIndia,toenabletheCentral Governmentorthedesignatedagencytoaccessandmonitorthemirrorimageoftheinformationavailableat theapprovedlocationoutsideIndia,inaccordancewiththedirectionsissuedbytheCentralGovernmentinthis regard;and

(d) suchnewauthorisedentityshallmaintainthecompleteaudittrailoftheremoteaccessactivitiespertainingto thetelecommunicationnetworkforaperiodofsixmonthsattheapprovedlocationinIndia,andprovidesuch informationtotheCentralGovernmentorthedesignatedagency,inaccordancewiththeorders,directionsor guidelinesissuedbytheCentralGovernmentinthisregard.

(3) This rule shall be without prejudice to the obligations of the new authorised entity with regard to critical telecommunication infrastructure under the Telecommunications (Critical Telecommunication Infrastructure) Rules,

2024.

35.Generalsecurityconditions.—(1)Everynewauthorisedentityshall—

(a) beresponsibleforsecurityofitstelecommunicationsnetworkandundertakemeasuresasmayberequiredto ensuresecurityofthetelecommunicationnetwork;

(b) providefacilitiesastheCentralGovernmentmayrequiretorespondtoanysituationsofespionage,subversive acts,sabotageoranyotherunlawfulactivity;and

(c) takeallnecessarystepstosafeguardtheprivacyandconfidentialityofanyinformationabouttheeligiblenew authorisedentitiestowhomitprovidesthetelecommunicationnetworkinfrastructure.

(2)Thenewauthorisedentityshallcreatefacilitiesforthemonitoringofallintrusions,attacksandfraudsonitstechnical facilitieswithintwelvemonthsfromtheeffectivedateoftheauthorisationandprovidereportsonthesameontheportal.

(3) Every new authorised entity shall implement appropriate technical and organisational measures, and reasonable securitysafeguardstoensureeffectiveobservanceoftheprovisionsoftheserules.

CHAPTERVI SPECIFICCONDITIONSFORTYPESOFTELECOMMUNICATIONNETWORK

36.ApplicabilityofChapterVI.—(1)InadditiontotherulesmentionedinChapterItoChapterV,therulesmentioned in different Parts of this Chapter shall also apply to a new authorised entity establishing, operating, maintaining or expandingspecifictelecommunicationnetworkasperthescopespecifiedintherespectivePartofthisChapter.

(2) In the event of any conflict between the rules mentioned in Chapter I to Chapter V and Chapter VI, the rules mentionedinChapterVIshallprevailtotheextentofsuchconflict.

PARTA INFRASTRUCTUREPROVIDERAUTHORISATION

37. Applicability of Part A.—This Part shall apply to a new authorised entity that holds infrastructure provider authorisation,andsaveasotherwiseexpresslyprovidedinthisPart,anyreferencetoexpression“newauthorisedentity” meanssuchnewauthorisedentitythatholdsinfrastructureproviderauthorisation.44 THEGAZETTEOFINDIA:EXTRAORDINARY [PARTII—SEC.3(i)]

38. Scope of infrastructure provider authorisation.—(1) Infrastructure provider authorisation consists of authorisation to establish, operate, maintain or expand passive telecommunication infrastructure, right of way or in- building solution infrastructure. Explanation.—For the removal of doubts, it is clarified that scope of infrastructure providerauthorisationdoesnotincludeauthorisationtoestablish,operate,maintainorexpandin-buildingsolution.

(2)Everynewauthorisedentityshallestablish,operate,maintainorexpandonlysuchtelecommunicationnetworkwhich are authorised under the scope of its authorisation, and not any other telecommunication network which requires a separateauthorisationfromtheCentralGovernment.

39.Feesandcharges.—Thereshallbenoauthorisationfeetobepaidbyanewauthorisedentity.

40.Technicalandoperatingconditions.—(1)Anewauthorisedentitymayenterintoanagreementwithanypublic entityforestablishing,operating,maintainingorexpandingin-buildingsolutioninfrastructureinapublicproperty.

(2) The new authorised entity may share the following with any other new authorised entity or licensee that holds authorisationorlicensetoprovidetelecommunicationservices,inaccordancewiththeirmutualagreementonafairand non-discriminatorybasis,namely:—

(a) passivetelecommunicationinfrastructureestablished,operated,maintainedorexpandedbyit;

(b) rightofwayheldbyitoritsfacilityprovider;and

(c) in-buildingsolutioninfrastructureestablished,operated,maintainedorexpandedbyit:

Providedthatanysuchmutualagreementshallnotcontainanyprovision,thatabsolveseitherofthenewauthorised entitiesorlicenseesfromadheringtothetermsandconditionsoftheirrespectiveauthorisationsorlicense.

(3) The Central Governmentmay allow a new authorised entity to share its passive telecommunication infrastructure withsuchotherentitiesasmaybenotifiedbyit.

(4) The new authorised entityshall ensure that any agreemententered into for the purposesspecified under sub-rules

(1),(2)or(3)isnon-exclusive,andcomplieswithsuchtermsandconditionsasspecifiedbytheCentralGovernment.

PARTB DIGITALCONNECTIVITYINFRASTRUCTUREPROVIDERAUTHORISATION

41. Applicability of Part B.—This Part shall apply to a new authorised entity that holds digital connectivity infrastructureproviderauthorisation,andsaveasotherwiseexpresslyprovidedinthisPart,anyreferencetoexpression “new authorised entity” means such new authorised entity that holds digital connectivity infrastructure provider authorisation.

42. Scope of digital connectivity infrastructure provider authorisation.—(1) For the purposes of this Part the expression “transmission link” means the telecommunication network for interconnecting the systems of wireline terrestrialnetwork,radioaccessnetwork,wirelesslocalareanetworkorin-buildingsolutionofanewauthorisedentity withthecoretelecommunicationnetworkofanyothernewauthorisedentityorlicenseethatholdsanyauthorisationor license,towhomthenewauthorisedentityisprovidingthewirelineterrestrialnetwork,radioaccessnetwork,wireless localareanetworkorin-buildingsolution.

(2)Digitalconnectivityinfrastructureproviderauthorisationconsistsofauthorisationtoestablish,operate,maintainor expandthefollowingtelecommunicationnetwork,namely:—

(a) telecommunicationequipmentandsystemsrequiredforestablishingwirelineterrestrialnetwork,radioaccess network,wirelesslocalareanetwork,transmissionlinkorin-buildingsolution;and

(b) telecommunicationnetworkauthorisedunderinfrastructureproviderauthorisation.

(3) The specific terms and conditions specified under these rules for infrastructure provider authorisation, shall be applicable for establishing, operating, maintaining or expanding the telecommunication network under the digital connectivityinfrastructureproviderauthorisation,unlessspecifiedotherwiseinthisPart.

(4)Everynewauthorisedentityshallestablish,operate,maintainorexpandonlysuchtelecommunicationnetworkwhich are authorised under the scope of its authorisation, and not any other telecommunication network which requires a separateauthorisationfromtheCentralGovernment.

43.Feesandcharges.—Thereshallbenoauthorisationfeetobepaidbyanewauthorisedentity.[ाII—ण 3(i)] ााा:अाा 45

44.Technicalandoperatingconditions.—(1)Anewauthorisedentitymayenterintoanagreementwithanypublic entityforestablishing,operating,maintainingorexpandingin-buildingsolutioninapublicproperty.

(2)Thenewauthorisedentityshallnotestablish,operate,maintainorexpandcoretelecommunicationnetwork.

(3)Thenewauthorisedentityshallnot—

(a) provideleasedcircuittoanyothernewauthorisedentityorlicenseethatholdsanyauthorisationorlicense;or

(b) provideleasedcircuittoanyuser;or

(c) usetransmissionlinkforitscaptiveuse.

(4) The new authorised entity may provide wireline terrestrial network, radio access network, transmission links, wirelesslocalareanetworkorin-buildingsolutiontoanyothernewauthorisedentityorlicenseethatholdsauthorisation or license toprovide telecommunicationservices(hereinafter referredtoas“partneringentity” for the purposeof this

rule)inaccordancewiththeirmutualagreement,onafairandnon-discriminatorybasis:

Provided that any such mutual agreement shall not contain any provision, that absolves either of the new authorisedentitiesorlicenseesfromadheringtothetermsandconditionsoftheirrespectiveauthorisationsorlicense.

(5)Thenewauthorisedentityholdingdigitalconnectivityinfrastructureproviderauthorisationshallnotbeassignedany

spectrum:

Providedthatsuchnewauthorisedentitymayutilisethespectrumofthepartneringentityforthelimitedpurpose ofconfiguration,whiletherighttouseofspectrumshallremainwiththepartneringentity.

(6) A partnering entity may use the access spectrum assigned to another partnering entity on a radio access network established by the new authorised entity, subject to the condition that such partnering entities have entered into an arrangementtoshareaccessspectrumasperapplicablelaw.

(7)Thenewauthorisedentitymayextenditstelecommunicationnetworkuptothepoint-of-presenceofanewauthorised entityorlicenseethatholdsauthorisationorlicensetoprovidetelecommunicationservices.

(8) The Central Governmentmay allow a new authorised entity to share its passive telecommunication infrastructure withsuchotherentitiesasmaybenotifiedbyit.

(9) The new authorised entityshall ensure that any agreemententered into for the purposesspecified under sub-rules

(1),(6)or(8)isnon-exclusive,andcomplieswithsuchtermsandconditionsasspecifiedbytheCentralGovernment.

PARTC INTERNETEXCHANGEPOINTPROVIDERAUTHORISATION

45. Applicability of Part C.—This Part shall apply to a new authorised entity that holds internet exchange point provider authorisation, and save as otherwise expressly provided in this Part, any reference to expression “new authorised entity” means such new authorised entity that holds internet exchange point provider authorisation.

46. Scope of internet exchange point provider authorisation.—(1) Internet exchange point provider authorisation consistsofauthorisationtoestablish,operate,maintainorexpandinternetexchangepoint;

(2)Everynewauthorisedentityshallestablish,operate,maintainorexpandonlysuchtelecommunicationnetwork whichareauthorisedunderthescopeofitsauthorisation,andnotanyothertelecommunicationnetworkwhich requiresaseparateauthorisationfromtheCentralGovernment.

47.Feesandcharges.—Thereshallbenoauthorisationfeetobepaidbyanewauthorisedentity.

48.Technicalandoperatingconditions.—(1)Anewauthorisedentitymayinterconnect,peerandexchangeinternet traffic,originatedanddestinedwithinIndia,inaccordancewiththemutualagreementonafairandnon-discriminatory basiswith—

(a) anynewauthorisedentityorlicenseethatholdsauthorisationorlicensetoprovideinternetservices;or

(b) contentdeliverynetworklocatedinIndia.

(2) The new authorised entity shall ensure that any agreement entered into for the purpose specified in sub-rule (1) adheretosuchtermsandconditionsasmaybespecifiedbytheCentralGovernment.

(3)Thenewauthorisedentitymayinterconnectitsinternetexchangepointwiththeinternetexchangepointofanyother newauthorisedentityorlicenseethatholds—46 THEGAZETTEOFINDIA:EXTRAORDINARY [PARTII—SEC.3(i)]

(a) authorisationorlicensetoprovideinternetservices;or

(b) authorisationundertheserulestoestablish,operate,maintainorexpandinternetexchangepoint.

(4)ThenewauthorisedentityshalluseInternetProtocolandmeettheinterfacerequirementsasspecifiedbytheCentral Governmenttointerconnectorpeerwiththetelecommunicationnetworkofanyothernewauthorisedentityorlicensee thatholdstheauthorisationorlicensetoprovideinternetservicesorholdsauthorisationundertheserulestoestablish, operate,maintainorexpandinternetexchangepoint.

PARTD SATELLITEEARTHSTATIONGATEWAYPROVIDERAUTHORISATION

49.ApplicabilityofPartD.—ThisPartshallapplytoanewauthorisedentitythatholdssatelliteearthstationgateway provider authorisation, and save as otherwise expressly provided in this Part, any reference to expression “new authorised entity” means such new authorised entity that holds satellite earth station gateway provider authorisation.

50. Scope of satellite earth station gateway provider authorisation.—(1) Satellite earth station gateway provider authorisation consists of authorisation to establish, operate, maintain or expand the satellite earth station gateway for suchsatelliteorspacesegmentcapacitywhichisauthorisedbytheDepartmentofSpaceintheGovernmentofIndia,or anyotherdesignatedagencyspecifiedforthispurpose.

Explanation.—Fortheremovalofdoubts,itisclarifiedthatthescopeofsatelliteearthstationgatewayprovider authorisationincludesbasebandsystemsforsuchsatelliteorspacesegmentcapacity.

(2)Everynewauthorisedentityshallestablish,operate,maintainorexpandonlysuchtelecommunicationnetworkwhich are authorised under the scope of its authorisation, and not any other telecommunication network which requires a separateauthorisationfromtheCentralGovernment.

51.Feeandcharges.—Thereshallbenoauthorisationfeetobepaidbyanewauthorisedentity.

52. Technical and operating conditions.—(1) A new authorised entity shall, prior to establishing any satellite earth stationgateway,submittotheCentralGovernmentorthedesignatedagencythedetails,includinglocationandtechnical detailsofsuchgatewayontheportal.

(2) The Central Governmentor a designated agency may, on examination of the details provided under sub-rule (1), directthenewauthorisedentitytotakespecificactions,ifany,withregardtoestablishmentofsuchsatelliteearthstation gateway.

(3)Thenewauthorisedentitymayprovideitstelecommunicationnetworktoanyothernewauthorisedentityorlicensee that holdsanypermission or license(hereinafter“partnering entity” for thepurpose of thisrule) to establish, operate, maintainorexpandsatellitenetwork,inaccordancewiththeirmutualagreement,onafairandnon-discriminatorybasis.

(4)Thenewauthorisedentitythatestablish,operate,maintainorexpandabasebandsystemunderrule50shallextend control, visibility, resource allocation and management of the telecommunication services being provisioned using satellitenetworktousers,tothepartneringentityonmutuallyagreedtermsandconditions.

(5) The new authorised entity may utilise the spectrum assigned to the partnering entity for the limited purpose of configurationofsatelliteearthstationgateway,whiletherighttouseofspectrumshallremainwiththepartneringentity.

(6)Thenewauthorisedentitymayshareinfrastructure,includingbuilding,andpassivetelecommunicationinfrastructure established,operated,maintainedorexpandedbysuchnewauthorisedentity,aswellas,rightofwayheldbyitorits facilityprovider,withanyotherentitythatholdsanyauthorisationorlicense,inaccordancewiththeirmutualagreement, onafairandnon-discriminatorybasis.

(7)Thenewauthorisedentityshallensurethatanyagreemententeredintoforthepurposespecifiedundersub-rules(3) and(6)adheretotermsandconditionsasmaybespecifiedbytheCentralGovernment.[ाII—ण 3(i)] ााा:अाा 47 PARTE CLOUD-HOSTEDTELECOMMUNICATIONNETWORKPROVIDERAUTHORISATION

53. Applicability of Part E.—This Part shall apply to a new authorised entity that holds cloud-hosted telecommunicationnetworkproviderauthorisation,andsaveasotherwiseexpresslyprovidedinthisPart,anyreference to expression “new authorised entity” means such new authorised entity that holds cloud-hosted telecommunication networkproviderauthorisation.

54. Scope of cloud-hostedtelecommunicationnetwork provider authorisation.—(1) For the purposesof thisPart theexpressions—

(a) “cloud-hostedtelecommunicationnetworkasaservice”meansprovisionofanyofthefollowingtoanyother newauthorisedentityorlicenseethatholdsanauthorisationorlicense,namely—

(i) physical infrastructurefor housing cloud-hosted telecommunication equipmentof suchnew authorised entityorlicensee;or

(ii) cloud-hosted telecommunication equipment for use in telecommunication network of such new authorisedentityorlicensee;or

(iii) cloud-hosted telecommunication network functionality for provision of telecommunication servicesby suchnewauthorisedentityorlicensee;and

(b) “physical infrastructure” means the infrastructure, including building, and passive telecommunication infrastructureestablished,operated,maintainedorexpandedbyanewauthorisedentityandincludesrightof wayheldbysuchentityoritsfacilityprovider.

(2) Cloud-hosted telecommunication network provider authorisation consists of authorisation for the following,

namely:—

(a) establish,operate,maintainorexpandcloud-hostedtelecommunicationnetwork;and

(b) provide cloud-hosted telecommunication network as a service to any other new authorised entity or licensee that holds any authorisation or license and is permitted under such authorisation or license to use such telecommunication network for provisioning of telecommunication services or establishing, operating, maintainingorexpandingtelecommunicationnetwork.

(3)Everynewauthorisedentityshallestablish,operate,maintainorexpandonlysuchtelecommunicationnetworkwhich are authorised under the scope of its authorisation, and not any other telecommunication network which requires a separateauthorisationfromtheCentralGovernment.

55.Feesandcharges.—Thereshallbenoauthorisationfeetobepaidbyanewauthorisedentity.

56. Technical and operating conditions.—A new authorised entity may provide cloud-hosted telecommunication networkasaservicebyenteringintoamutualagreementwithanyothernewauthorisedentityorlicenseeasreferredto inclause(b)ofsub-rule(2)ofrule54,onafairandnon-discriminatorybasis.

PARTF MOBILENUMBERPORTABILITYPROVIDERAUTHORISATION

57.ApplicabilityofPartF.—ThisPartshallapplytoanewauthorisedentitythatholdsmobilenumberportability providerauthorisation,andsaveasotherwiseexpresslyprovidedinthisPart,anyreferencetoexpression“new authorisedentity”meanssuchnewauthorisedentitythatholdsmobilenumberportabilityproviderauthorisation.

58.Scopeofmobilenumberportabilityproviderauthorisation.—(1)Mobilenumberportabilityprovider authorisationconsistsofauthorisationtoestablish,operate,maintainorexpandatelecommunicationnetworkfor providingmobilenumberportabilityasaserviceinitszonalareatoanothernewauthorisedentityor licenseethat holdsanauthorisationorlicensetoprovideaccessservices.

59.Feesandcharges.—(1)ForthepurposesofthisChapter,theexpressions—

(a) “grossrevenue”ofthenewauthorisedentityshallincludealltypesofrevenuesaccruedtosuchnew authorisedentityfromitsoperationsandactivitiesandallincomeaccruedfromanysourcewhatsoever, includingbutnotlimitedto,interest,dividend,rent,profitonsaleoffixedassetsandmiscellaneousincome, withoutanyset-offforrelateditemsofexpenses.48 THEGAZETTEOFINDIA:EXTRAORDINARY [PARTII—SEC.3(i)]

(b) “applicablegrossrevenue”meanstherevenuewhichshallbeequaltogrossrevenueofthenewauthorised entityasreducedbytheitemslistedbelow,—

(i) revenuefromoperationsotherthantelecommunicationactivitiesoroperations;

(ii) revenuefromactivitiesunderanauthorisation,permissionorregistrationissuedbytheMinistryof InformationandBroadcasting;

(iii) receiptsfromtheDigitalBharatNidhi;and

(iv) revenuefallingunderthefollowingitems,namely:—

(A) incomefromdividend;

(B) incomefrominterest;

(C) capitalgainsonaccountofprofitonsaleoffixedassetsandsecurities;

(D) gainsfromforeignexchangeratesfluctuations;

(E) incomefrompropertyrent;

(F) insuranceclaims;

(G) baddebtsrecovered;and

(H) excessprovisionswrittenback:

Provided that the Central Government may specify the description and conditions applicable to theserevenuesourcesandthemanneroftheircomputation;

(c) “adjustedgrossrevenue”shallbeequivalenttoapplicablegrossrevenue.

(2)Everynewauthorisedentityshallpayanannual authorisationfeeforeachauthorisation,fromtheeffectivedateof such authorisation, which shallbeoneper centof theadjusted grossrevenue subjectto the amountsspecified insub- rules(3)to(5),asapplicable.

(3)Fromthesecondyearoftheeffectivedateoftheauthorisationandforeachsubsequentyear,theauthorisationfee shallbehigherof—

(a) onepercentoftheadjustedgrossrevenue,or

(b) thirtypercentoftheapplicableentryfeeasspecifiedinScheduleA;

(4)Intheeventofrenewalofanauthorisation,theauthorisationfeefromtheeffectivedateofrenewalshallbehigher of—

(a) onepercentoftheadjustedgrossrevenue,or

(b) thirtypercentoftheapplicableentryfeeasspecifiedinScheduleA.

(5)Intheeventofmigrationoflicensetothetermsandconditionsofrelevantauthorisation,theauthorisationfeefrom theeffectivedateofmigrationshallbehigherof—

(a) onepercentoftheadjustedgrossrevenue,or

(b) thirtypercentoftheapplicableentryfeeasspecifiedinScheduleA:

Provided that if thelicensee has migrated within twelvemonthsof the effective dateof license, the authorisation fee as referred to in clause (a) of sub-rule (5) shall be payable for the remaining period till the completion of twelve monthsfromtheeffectivedateofthelicense.

(6)Therateofauthorisationfeeasspecifiedsub-rules(2)to(5),maybevariedatanytimethroughamendmentofthese ruleswithinthedurationoftheauthorisation.

60. Schedule of payment.—(1) The authorisation fee determined under these rules shall be payable by every new authorised entity in fourquarterly instalmentsduring each financial year commencingfrom the firstof April,andfee foranydurationofauthorisationthatislessthanaquartershallbecalculatedonpro-ratabasisbasedonactualnumber ofdaysintherelevantquarter.

(2)Everynewauthorisedentityshallmakepaymentofthequarterlyinstalmentsoftheauthorisationfeeinthefollowing manner,namely:—

(a) the quarterly instalment in respect of each of the first three quarters of a financial year shall be paid within fifteendaysofcompletionoftherelevantquarter;and[ाII—ण 3(i)] ााा:अाा 49

(b) the quarterly instalmentfor the lastquartershallbepaidinadvancebythetwenty-fifthofMarch,calculated onthebasisofexpectedrevenueforthatquarter,subjecttoaminimumamountequaltotheauthorisationfee

paidforthepreviousquarter:

Provided that the new authorised entity shall adjust and pay the difference between the advance paymentmadeforthelastquarterandtheactualamountdulypayableforsuchquarterbythefifteenthofApril ofthenextfinancialyear.

(3)Paymentspursuanttosub-rule(2)shallbecalculatedonthebasisofrevenueonaccrualbasisfortherelevantquarter, andshallbeaccompanied,insuchformandmannerasspecifiedontheportal,byaself-certificateandastatementof revenue for each authorisation held by the new authorised entity, that are signed and electronically verified by a representativeofsuchnewauthorisedentitywhohasbeendulyauthorisedbyaboardresolutionandgeneralpowerof attorney.

(4)Everynewauthorisedentityshall,onorbeforethethirtiethofJuneofeachcalendaryear—

(a) submitstatementofrevenueforallquartersofthepreviousfinancialyear,insuchformandmannerasspecified ontheportal,dulyauditedandsignedbyitsauditorappointedundertheCompaniesAct,2013(18of2013); and

(b) make the final adjustment of the authorisation fee, including applicable interest as per sub-rule (5), for the previousfinancialyear,basedonsub-rule(2).

(5)Intheeventofanydelayinpaymentofauthorisationfeeoranyotherduespayablebyanewauthorisedentitybeyond the period specifiedfor suchpayment, suchnew authorised entity shall also be liable to pay interestcalculated at the rate of one-year marginal cost of funds based lending rate of State Bank of India as existing at the beginning of the relevantfinancialyear,namelyfirstofApril,plustwopercentcompoundedannually:

Providedthatanypartofamonthshallbeconstruedasafullmonthforthepurposeofcalculationofinterest.

(6)Everynewauthorisedentityshallsubmitareconciliationstatementbetweenthefiguresappearinginthesubmitted quarterlystatementsofrevenueundersub-rule(3)withthoseappearinginannualaccounts,dulyauditedandsignedby its auditor appointed under the Companies Act, 2013 (18 of 2013), accompanied by a copy of the published annual accounts and auditreport within seven days of the date ofsigning of the audit reportor within the timeline provided underCompaniesAct,2013(18of2013)forfilingofannualfinancialstatements,whicheverisearlier:

Providedthattheannualfinancialstatements,thestatementofrevenueandthereconciliationstatementshallbe preparedinaccordancewithsuchnormsorordersordirectionsasmaybespecifiedontheportal.

(7)Allsumsofmoneybecomingdueandpayableundertheserulesshallbepaidbythenewauthorisedentity,insuch mannerspecifiedontheportal.

61.Guaranteerequirementsforauthorisation.—(1)Everynewauthorisedentityshall,forthepurposespecifiedin sub-rule(2),submitanunconditionalandirrevocableguarantee,insuchformandmannerasspecifiedontheportal,of anyofthefollowingtypes,namely:—

(a) abankguaranteefromanyscheduledcommercialbankorpublicfinancialinstitution,withaminimumvalidity periodofoneyearfromthedateofitsissuance;or

(b) a performance bond, issued by an Indian insurance company, in accordance with the guidelines made under theInsuranceRegulatoryandDevelopmentAuthorityAct,1999(41of1999),withaminimumvalidityperiod ofoneyearfromthedateofitsissuance;or

(c) non-interest-bearingcashdepositwiththeCentralGovernment.

(2)Thepurposeofsuchguaranteeasspecifiedinsub-rule(1)istoprovidesecurityforcomplianceofallthetermsand conditions of the authorisation, including but not limited to payment of authorisation fee, penalty imposed for contravention or breach of any of the terms and conditions of the authorisation or non-compliance of the orders, directionsorguidelinesissuedbytheCentralGovernment,andanyotherduespayableundertheauthorisation.

(3) The guarantee submitted under sub-rule (1) shall be subject to annual review by the Central Government and the newauthorisedentityshallmaintainavalidguaranteethroughoutthedurationof authorisation,oruntilallduesunder theauthorisationarecleared,whicheverislater:

Providedthattheinitialguaranteepursuanttotheletterofintentshallbefortheamountasspecifiedinrespect ofsuchauthorisationinScheduleAorforanamountreferredtoinsub-rule(7)ofrule6,andforeachsubsequentyear ofauthorisation,theguaranteeshallbeforanamountdeterminedbytheCentralGovernment,basedonthehigherof—

(a) rupeestenlakhs,or50 THEGAZETTEOFINDIA:EXTRAORDINARY [PARTII—SEC.3(i)]

(b) twentypercentofcombinedestimatedsum,calculatedinaccordancewiththeprocedureasmaybespecified ontheportal,ofthefollowing,namely:—

(i) authorisationfeepayablefortwoquarters;and

(ii) anyotherduesthatarenototherwisesecured.

(4)Everynewauthorisedentityshallextendthevalidityperiodoftheguaranteesubmittedunderthisrulebyaminimum ofoneyear,atleastonemonthpriortothedateofitsexpiry,withoutanydemandornoticefromtheCentralGovernment.

(5)Failuretomaintainavalidguaranteeatanytimethroughoutthedurationoftheauthorisationoruntilallduesunder the authorisation are cleared, whichever is later, shall entitle the Central Government to encash the bank guarantee, claimtheperformancebondorappropriatethecashdeposit,withoutanynoticetothenewauthorisedentity:

ProvidedthatnointerestorcompensationshallbepayablebytheCentralGovernmentonencashment,claimor appropriationofsuchguarantee.

(6)Iftheguaranteehasbeenencashed,claimedorappropriated,fullyorpartially,thenewauthorisedentityshallrestore suchencashed,claimedorappropriatedguaranteetothefullamountwithinthirtydaysthereof:

Provided that, the Central Government may, on receipt of a written request from such new authorised entity beforetheexpiryof theperiod specifiedinthissub-rule, allow aone-timeextensionnotexceedingtendays,forsuch restoration,subjecttoreasonsbeingrecordedinwriting.

(7)TheCentralGovernmentmayencash,claimorappropriatetheguaranteesubmittedbythenewauthorisedentityin thefollowingcases,namely:—

(a) non-paymentofauthorisationfee,oranyotherduespayableundertheauthorisation;

(b) non-paymentofduesarisingoutofpenaltiesimposedbytheCentralGovernment;or

(c) breachofanyothertermorconditionofauthorisation:

Provided that before taking any actionunder thissub-rule,the Central Governmentmayissue a notice to such newauthorisedentityandafforditareasonableopportunityofbeingheard.

(8) On revocation, surrender or expiry of the authorisation, the Central Government shall release the guarantee only afterensuringclearanceofalldues,whichsuchnewauthorisedentityisliabletopaytotheCentralGovernment:

ProvidedthatincaseoffailuretopaytheamountsduetotheCentralGovernment,theoutstandingamountsshall berealisedthroughencashment,claimorappropriationoftheguaranteeasprovidedinsub-rule(7),withoutprejudice toanyotheractionsforrecoveryoftheamountsduetotheCentralGovernment.

62.Assessmentofauthorisationfee.—(1)TheCentralGovernmentmaycarryouttheassessmentofauthorisationfees, inaccordancewiththeprocedureasspecifiedontheportal.

Explanation.—For the purposes of this rule, the expression “assessment” shall include reassessment and recomputation.

(2)Everynewauthorisedentityshallsubmitrelevantdocumentsinsupportofthecalculationtoarriveatauthorisation feeinaccordancewiththeorders,directionsorguidelinesissuedbytheCentralGovernment.

(3) If a new authorised entity holds an authorisation for telecommunication service or any other telecommunication network, or for the same telecommunication network in a different network area, it shall draw, maintain and furnish separateaccountsandaseparatestatementofcomputationofauthorisationfeeforeachauthorisation.

(4)Everynewauthorisedentityshall,inrespectofeachauthorisationitholds—

(a) compileandmaintainaccountingrecords,thataresufficienttoshowandexplainitstransactionsinrespectof each completed quarter throughout the duration of the authorisation or of such lesser periods as may be specified on the portal, fairly presenting the costs, including capital costs, revenue and financial position of such new authorisedentity’sbusinessunderthe authorisation includinga reasonable evaluation of theassets employed in and the liabilities attributable to that new authorised entity’s business for the quantification of revenueoranyotherpurpose;

(b) ensure that bilateral settlement of accounts with other new authorised entities or licensees are conducted throughnormalbankingchannelsinatransparentmanner;and

(c) furnish to the Central Government details of the mechanism for the settlement of accounts with other new authorisedentitiesorlicensees,andchargesforusageofnetworkandfacilities,aswellasdetailsoftheactual settlements.[ाII—ण 3(i)] ााा:अाा 51

(5) Every new authorised entity shall maintain and preserve billing and other accounting records relating to its telecommunicationnetworkundertheauthorisation,foreachfinancialyear,inelectronicformaswellashardcopy,for

aperiodofatleastsixyearsfromthedateofpublishingofitsdulyauditedandapprovedannualaccounts:

Providedthat,ifsuchnewauthorisedentityseekstomaintainandpreservesuchrecordsinonlyelectronicform, itmaydosowiththepriorapprovaloftheCentralGovernment,whichmaybeconsideredonacase-to-casebasisand onsuchapprovalbeingexpresslygranted,suchrecordsshallbemaintainedandpreservedinaccordancewithrule3of theCompanies(Accounts)Rules,2014madeundertheCompaniesAct,2013(18of2013):

Providedfurtherthatiftheauthorisationfeeoranyotherduesforanyperiodareunderdispute,thesaidrecords shallberetaineduntilsuchdisputeisresolved.

(6)TheCentralGovernmentmay,atanytime,directthenewauthorisedentitytosupplyinformationorprovideaccess tothebooksofannualaccountsthatsuchnewauthorisedentitymaintainsunderthetermsofitsauthorisation,andthat newauthorisedentityshallforthwithadheretosuchdirection.

(7)TheCentralGovernmentmay,atanytime,subjecttherecordsofanewauthorised entitytosuchscrutinyasitmay determine, with a view to facilitating independent verification of the amounts payable to the Central Government, includingauthorisationfees,andanyothercharges.

(8)TheCentralGovernmentmay,onforminganopinionthatthestatementsofrevenueinrespectoftheauthorisation orannualaccountssubmittedbythenewauthorisedentityareinaccurateormisleading,orforanyotherreason,order auditoftheaccountsofsuchnewauthorisedentity,byappointingoneormoreauditors,whoshallhavethesamepowers whichtheauditorsofthecompanyhaveundersub-section(1)ofsection143oftheCompaniesAct,2013(18of2013), andonsuchchargesasdecidedbytheCentralGovernment,whichshallbepayablebythatnewauthorisedentity.

(9) If the new authorised entity fails to submit the annual accounts, audit report and other required documents under sub-rules (4) and (6) of rule 60 within nine months from the end of relevant financial year, the Central Government, after reviewing all available documents and information and relevant materials, may carry out the assessment of authorisationfee,onbestjudgementbasis:

Provided that beforeproceeding with such an assessment, the Central Governmentshallissue a notice to such newauthorisedentityprovidingitanopportunityofbeingheard.

(10) Noassessmentunder thisrule shall be carried outfor arelevantfinancial year after the lapse of aperiodof four yearsfromtheendofsuchfinancialyearexceptasprovidedundersub-rule(11).

(11) The Central Government may carry out an assessment after the lapse of four years from the end of the relevant financialyear,anduptosixyearsfromtheendofsuchfinancialyear,ifitisoftheopinionthattheamountthathasnot beensubjecttoassessmentislikelytobeequivalenttoanamountoffiftylakhrupeesormoreforsuchfinancialyear.

(12)Forthepurposesofcomputingtheperiodoflimitationasspecifiedundersub-rule(10)andsub-rule(11),anyperiod ofstayonsuchassessmentpursuanttoanorderorinjunctionofanycourt,shallbeexcluded.

(13) Notwithstanding anything contained in sub-rule (10) and sub-rule (11), assessment of authorisation fee may be carried out at any time pursuant to any finding or direction contained in an order passed by a court of competent jurisdiction.

(14) The Central Government may, in order to ensure proper and accurate assessment, verification and settlement of authorisationfee,issueappropriatedirectionstonewauthorisedentity,inrespectofanytelecommunicationnetworks, in relation to accounts and audit of such new authorised entity, and that new authorised entity shall adhere to such directions.

63.Technicalandoperatingconditions.—Anewauthorisedentityshallprovidelocationroutingnumberupdateto allnewauthorisedentitiesorlicenseeswhichholdauthorisationorlicensetoprovideaccessservicesandlong distanceservices.

CHAPTERVII MISCELLANEOUS

64. Breach.—(1) A breach of the terms and conditions of authorisation by a new authorised entity shall constitute a breachasreferredtoinsection32oftheAct.

(2) The Central Government may, after due consideration of the recommendations received under clause (b) of sub-

section(2)ofsection32oftheActandgivinganopportunityofbeingheardtothenewauthorisedentity,issueanorder ofsuspension,revocationorcurtailmentofanauthorisationundersub-section(2)ofsection32oftheAct.52 THEGAZETTEOFINDIA:EXTRAORDINARY [PARTII—SEC.3(i)]

(3) Everyorderunder sub-rule (2) shallbe published by the Central Governmenton theportal, and beeffectivefrom the sixty-firstdayfrom thedate of publishingof such order, andthe newauthorised entity shallgivepublicnoticeof suchorderofcurtailment,suspensionorrevocationwithinforty-eighthoursofitbeingpublishedontheportal:

Providedthatthesuspensionofauthorisationshallnotbeacauseorgroundforextensionofthedurationofthe authorisation.

(4) The new authorised entity shall maintain the telecommunication network till the effective date referred to in sub-

rule(3).

65. Digital implementation.— The Central Government may, in furtherance of section 53 of the Act, notify one or more portals for digital implementation of these rules, including for providing any form, manner, order, direction or guidelinestobespecifiedundertheserules.

SCHEDULEA PROCESSINGFEE,ENTRYFEE,ANDINITIALGUARANTEEFORAUTHORISATIONSFOR TELECOMMUNICATIONNETWORKS [Seerules6(3)(a),7(2)(a)(i),13(1),59(3)(b),59(4)(b),59(5)(b)and61(3)] S.No. NetworkAuthorisation Entryfee(inRs.) InitialGuarantee(in Processingfee(inRs.) Rs.) 1 Infrastructureprovider NIL NIL 10,000 authorisation 2 Digitalconnectivity 10Lakh NIL 10,000 infrastructureprovider authorisation 3 Internetexchangepoint NIL NIL 10,000 provider authorisation 4 Satelliteearthstation 10Lakh NIL 10,000 gatewayprovider authorisation 5 Cloud-hosted 10Lakh NIL 10,000 telecommunication networkprovider authorisation 6 Mobilenumberportability 50Lakh 40Lakh 10,000 providerauthorisation[ाII—ण 3(i)] ााा:अाा 53 SCHEDULEB ZONALAREAS [Seerule2(1)(v)] S.No. Zone AuthorisedAreas 1 ZonalArea1 Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Maharashtra, Punjab,Rajasthan,UttarPradesh(E),UttarPradesh(W),DelhiandMumbai.

2 ZonalArea2 Andhra Pradesh, Assam, Bihar, Karnataka, Kerala, MadhyaPradesh, North- East,Orissa,TamilNadu,WestBengalandKolkata.

Explanation.—TheCentralGovernmentmayamendthisScheduleBbynotification. [F.No. 24-12/2025-UBB] DEVENDRAKUMARRAI,Jt.Secy.

UploadedbyDte.ofPrintingatGovernmentofIndiaPress,RingRoad,Mayapuri,NewDelhi-110064 andPublishedbytheControllerofPublications,Delhi-110054. S SA RIR VV AE SS TH A VKU AMAR DSDRi agItVi etA:a 2Sll 0Ty 2A s 6Vig .A0n 7 e .2d 2 b 2y 2 S :3A 4R :V 22E S +H 0 5K 'U 30M 'AR¨Ás U À 4 , ಗುರು(cid:174)ಾರ, 08, , 2026 1671 ಕ(cid:3482)(cid:4305)ಟಕ (cid:3587)ಜ(cid:3186) (cid:3497)ಲರ ಆ(cid:3459)(cid:3662)(cid:3485)(cid:3692)ರ ಮ(cid:3425)(cid:3176) ಅವರ (cid:3713)ಸ(cid:3588)ನ(cid:3618)(cid:3189) ((cid:3200)(cid:3695)ಮ ಆ(cid:3601).(cid:3648).) ಸ(cid:3707)ಯಕ (cid:3497)(cid:3187) (cid:3591)ಪ(cid:3197)ರ ಮ(cid:3425)(cid:3176) ಪದ(cid:3483)(cid:3558)ತ(cid:3176) ಸ(cid:3197)(cid:4305)ರದ ಅ(cid:3468)ೕನ (cid:3197)ಯ(cid:4305)ದ(cid:3663)(cid:4305) (cid:3704)ಸ(cid:3453)ೕಯ ವ(cid:3186) ವ(cid:3707)ರಗ(cid:3635) ಮ(cid:3425)(cid:3176) (cid:3662)ಸನ ರಚ(cid:3488) ಇ(cid:3617)(cid:3218) PR-60 (cid:3704)ಸ(cid:3453)ೕಯ ವ(cid:3186) ವ(cid:3707)ರಗ(cid:3635) ಮ(cid:3425)(cid:3176) (cid:3662)ಸನ ರಚ(cid:3488) ಇ(cid:3617)(cid:3218) ಅ(cid:3468)(cid:3696)ಚ(cid:3488) (cid:3704)(cid:3218)(cid:3186) : (cid:3704)ವ(cid:3186) (cid:3662)ಇ 37 (cid:3204)(cid:3483)ಪ(cid:3187) 2026 (cid:3533)ಂಗ(cid:3636)(cid:3590), (cid:3453)(cid:3482)ಂಕ:01.03.2026.

(cid:3453)(cid:3482)ಂಕ: 21.07.2026(cid:3599)(cid:3455) (cid:3542)ರತ ಸ(cid:3197)(cid:4305)ರದ (cid:3233)(cid:3308)(cid:3361)ನ (cid:3648)(cid:3669)ಷ (cid:3704)(cid:3273)(cid:3203)ಯ Part-II-

Section-3 Sub Section (i)ರ(cid:3618)(cid:3189) ಪ(cid:3187) ಕಟ(cid:3647)ದ the Indian Ports Rules, 2026ನ GSR 645(E) ಅ(cid:3485)(cid:3180) (cid:3692)ವ(cid:4305)ಜ(cid:3483)ಕರ (cid:3557)(cid:3708)(cid:3423)(cid:3227)(cid:3228) ಕ(cid:3482)(cid:4305)ಟಕ (cid:3587)ಜ(cid:3186) ಪತ(cid:3187) ದ(cid:3618)(cid:3189) ಮ(cid:3590)ಪ(cid:3187) ಕ(cid:3348)ಸ(cid:3617)(cid:3228)(cid:3458),-30 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] MINISTRYOFPORTS,SHIPPINGANDWATERWAYS

NOTIFICATION New Delhi, the 21st July, 2026 G.S.R. 645(E).— Whereas the draft of the Indian Ports Rules, 2026 were published, by the Government of India in the Ministry of Ports, Shipping and Waterways, vide notification number G.S.R.58(E), dated the 23rd January, 2026, in the Gazette of India, Extraordinary, Part II,Section 3, Sub-section (i), inviting objections and suggestions from all persons likely to be affected thereby, before the expiry of the period of thirty days from the date on which copies of the Official Gazette containing the said notification were made available to public;

AND whereas, copies of the said Official Gazette were made available to the public on the 23rd January, 2026;

AND whereas, objections and suggestions were 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 sub-section (1)read with clauses (a), (b), (c), (d), (e),

(f), (h), (i) and (j) of sub-section (2), of section 76, and sub-section (1) read with clause (a), (b), and (e) to (o) of sub-

section (2), of section 78 of the Indian Ports Act, 2025 (27 of 2025), the Central Government, hereby makes the following rules, namely:—

CHAPTER I PRELIMINARY

1. Short Title and Commencement. – (1) These rules may be called the Indian Ports Rules, 2026.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Application. – The provisions of–

(a) these rules shall apply to––

(i) all major ports; and

(ii) part or parts of the notified navigable rivers or channels leading to the ports as notified by the Government under sub-clause (iii) of clause (a) of sub-section (3) of section 1of the Act;

(b) rules 12 to 23, rule 25, rules 26 to 29 and rule 30 shall apply to ports other than major ports;

3. Definitions. – (1) In these rules, unless the context otherwise requires, –

(a)“Act” means the Indian Ports Act, 2025 (27 of 2025);

(b)“advance waste notice” means the pre-arrival declaration containing information on waste held on board and waste intended to be discharged at the port, submitted under section 39 of the Act, in accordance with these rules;

(c) “agent”means the agent as defined in clause (3) of section 3 of the Merchant Shipping Act, 2025 (24 of

2025);

(d)“Form”meansaForm appended to these rules;

(e)“health officer” means the officer appointed under section 24 of the Act;

(f)“incident” means any incident referred to in section 67 of the Act;

(g) “maritime single window” means a digital platform which enables, inter alia, submission of standardised information and documents for fulfilment of port and ship reporting formalities in accordance with the Convention on Facilitation of International Maritime Traffic, 1965;

(h) “owner of obstruction” means the person who holds the relevant permit, grant, licence or other lawful instrument issued by the Government under which the obstruction is established or maintained, and includes any concessionaire, lessee, or operator who is responsible, under contract or law, for the maintenance and safety of such obstruction;

(i) “pollution incident” means any occurrence, event, or condition arising out of a vessel, port facility or operations within port limits that results in or is likely to result in––

(i) discharge, escape, leakage or spillage of oil, oily mixture, oily residue;[भाII—ण 3(i)] भााा:अाा 31

(ii) discharge or threat of discharge of noxious liquid substances;

(iii) discharge or threat of discharge of harmful substances under MARPOL Convention;

(iv) release of sewage, garbage, plastics, chemicals or waste harmful to the marine environment;

(v) any condition posing a risk to––

(A) the health of the coastal population and users of coastal waters;

(B) fisheries and other living marine resources;

(C) coastal and port installations, facilities and services;

(D) tourist attractions, amenities and other economic interests of the coastal area; or

(E) the conservation of marine and coastal ecosystems;

(vi) threat to life or property or the environment;

(j)“plan”meanstheport waste reception and handling plan prepared and implemented under section 38 of the Act;

(k) “receipt” means a formal acknowledgement issued as proof of payment of fees or other charges in accordance with section 48 of the Act;

(l)“Schedule”meansaScheduleappendedtotheserules;

(m)“shore-basedwelfareservices”meansthefacilitiesandservicescontemplatedunderRegulation4.4ofthe Maritime Labour Convention, 2006 and specified in the guidelines issued by the Directorate General of Maritime Administration as updated from time to time;

(n)“wastedeliveryreceipt”meansreceiptissuedbyaportacknowledgingreceiptofwastefromavesselbya reception facility in accordance with sub-section (2) of section 40 of the Act.

(2) The words and expressions used in these rules and not defined, but defined in the Act, shall have the meanings respectively assigned to them in the Act.

CHAPTER II ADMINISTRATION

4. Appointment of officers and employees to Maritime State Development Council. – (1) The Central Government, as and when considered necessary, may make available or depute such officers and employees to the Maritime State Development Council for the efficient discharge of functions of the Council.

(2) The pay, allowances, and otherconditions of service of the officers and employees of the Council appointed through deputation under sub-rule (1), shall be regulated in accordance with the applicable rules and the allowances admissible to the corresponding grades, as revised or amended from time to time.

5. Other port officers. – Every port may, in addition to a conservator and harbour master, appoint such other port officers under sub-section (2) of section 18 of the Act, to discharge duties relating to marine operations, prevention and containment of pollution, safety and any other functions under the Act:

Provided that one or more officers may be assigned to discharge all or any such functions or parts thereof.

6. Pay and allowances of otherport officers. – The pay and allowances of the officers appointed under rule 5 shall be as determined by the Central Government.

7. Conditions of service of other port officers. – The conditions of service of other port officers appointed under rule 5 such as leave, tenure, probation, resignation, retirement and superannuation, working hours, promotion, seniority, conduct and disciplinary proceedings shall be as per service regulations of the port unless otherwise directed in this behalf by the Central Government.32 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

8.Powerofrelaxationincertaincases.–TheCentralGovernmentmayrelaxanyoftheprovisionsofrules5,6or7fora classorcategoryofofficersappointedunderrule5relatingtoclassification,appointmentandtheireligibility,forreasons to be recorded in writing.

9. Delegation of powers of conservator. – (1) The conservator, with the approval of the Government, may delegate to any other port officers all or any of its powers as required under sub-section (6) of section 18 of the Act.

(2) Any delegation made by the conservator under sub-rule (1) shall –

(a) be in writing;

(b) specify the nature and extent of delegation in each case;

(c) where the conservator is a body of persons, be passed by a general or special resolution of such body.

(3) The conservator, with the approval of the Government, shall have the right to revoke, vary, or suspend the delegation of power, at any time, without assigning any reason, if deemed necessary in the interest of port safety, security or for any other reason, to be recorded in writing.

10. Health officer. – (1) There shall be a health officer for every major port appointed under sub-section (1) of section 24 of the Act.

(2) The health officer shall discharge all health-related functions at the port as are assigned under the Act or by the directions of the Central Government, including compliance with the International Health Regulations, 2005.

11. Issuance of receipt. – Every officer or body of persons authorised to receive fees or other charges under section 48of the Act shall issue a receipt acknowledging such payment.

(2) All receipts issued undersub-rule (1) shall contain the particulars specified in Schedule I.

(3) A duplicate receipt shall be issued upon written request of the payer, supported by identification and payment proof.

(4) All receipts shall be maintained for a minimum period of seven years from the date of issuance.

(5) The Authority may specify formats, digital templates, or standard operating procedures for issuance of such receipts.

CHAPTER III POLLUTION

12. Provision of port reception facilities. – (1) Every port shall establish, operate and maintain port reception facilities as required under section 36 of the Act which are adequate to meet the needs of vessels using the port, without causing undue delay, having regard to––

(a) the size, type and traffic profile of vessels calling at the port;

(b) the nature, frequency and quantity of vessel-generated waste ordinarily delivered; and

(c) operational characteristics of the port, including berth configuration, terminal layout and cargo handled.

(2) The port reception facilities shall be capable of receiving, segregating and handling, as applicable, vessel-generated waste and residues in accordance with the following Annexes to the MARPOL Convention, namely:––

(a) Annex I relating to oil, oily mixtures, sludge, bilge water, tank washings and exhaust gas cleaning system residues;

(b) Annex II relating to residues and mixtures containing noxious liquid substances;

(c) Annex IV relating to sewage, including treated and untreated black water and grey water;

(d) Annex V relating to garbage, segregated by category, including plastics, food waste, operational waste, cargo residues and e-waste; and[भाII—ण 3(i)] भााा:अाा 33

(e) Annex VI relating to ozone-depleting substances, exhaust gas cleaning system residues and other air pollution control residues.

(3) Where applicable, port reception facilities shall also be adequate to receive ballast water and sediments in accordance with article 5 of the Ballast Water Management Convention, having regard to port side obligations and the availability of approved ballast water management systems on board vessels.

(4) For the purposes of sub-rules (2) and (3), adequacy of port reception facilities shall be assessed having regard to the following technical and operational parameters, namely:––

(a) capacity, including sufficient storage, treatment or transfer capability to handle waste volumes ordinarily generated between successive ports of call;

(b) availability, including operating hours, response time and ability to receive waste upon reasonable notice;

(c) accessibility, including safe and practicable access at berths, anchorages or terminals without interfering with vessel operations;

(d) segregation and compatibility, ensuring that different categories of waste are handled separately and in a manner compatible with downstream treatment or disposal systems;

(e) environmental and safety controls, including spill prevention, containment, occupational safety and emergency response arrangements; and

(f) interface with vessels, including compatibility with standard shipboard discharge arrangements, hoses, couplings and connection points.

(5) The port reception facilities shall be planned and operated on the basis of a demand-responsive approach, having regard to the information through advance waste notices, historical data on waste deliveries, any complaints or reports of alleged inadequacy of facilities and any changes in vessel technology, fuel types, emission control systems or waste streams.

(6) Without prejudice to sub-rules (2) to (5), port reception facilities shall, as far as practicable, be capable of receiving–

(a) wastes arising from the use of alternative fuels, shore power systems and emission-abatement technologies; and

(b) any additional categories of vessel-generated waste as may be specified by the Central Government, having regard to technological developments and international standards.

(7) Nothing in this rule shall be construed as requiring a port to provide identical facilities for waste at every berth,

provided that adequate and effective arrangements exist to ensure reception of vessel-generated waste without undue delay and without risk of unlawful discharge into the sea.

(8) The design, construction and operation of port reception facilities shall conform to the technical and operational standards specified in Schedule II.

(9) The waste received at the port reception facility shall obtain necessary authorisation or approval as per domestic waste management rules framed under the Environment Protection Act, 1986 (29 of 1986) and the storage, handling, transportation, disposal etc. of the waste received at such facilities shall be dealt with in accordance with the said rules.

(10) The sanitary waste generated at the port or received from vessels shall be disposed of and treated in accordance with the applicable domestic solid waste management rules, 2026.

13. Form and manner of port waste reception and handling plan. – (1) The port waste reception and handlingplan prepared under sub-section (1) of section 38 of the Act shall, at minimum, contain the following, namely:––

(a) an assessment of the need for waste reception facilities, in the light of the need of the ships normally visiting the harbour or terminal;

(b) a description of the types and capacity of waste reception facilities;

(c) a detailed description of the procedures for the reception and collection of prescribed wastes;

(d) a description of the charging system, if any;34 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

(e) procedures for ongoing consultations with persons using the harbour or terminal,waste contractorsand otherinterestedparties;

(f) the type and quantities of specific wastes received and handled.

(2) The plan may also include––

(a) a summary of relevant legislation and formalities for delivery;

(b) identification of a person or persons to be responsible for the implementation of the plan;

(c) a description of the pre-treatment equipment and processes in the harbour or terminal, if any;

(d) a description of methods of recording amounts of specified wastes received;

(e) a description of how the specific wastes are disposed of.

(3) The plan may also include the following information to be made available to all harbour or terminal users, namely:–

(a) a brief reference to the fundamental importance of proper delivery of specific wastes;

(b) the location of waste reception facilities applicable to each berth, with a diagram or map;

(c) list of specific wastes normally dealt with;

(d) list of contact points, the operators and the services offered;

(e) description of procedures for delivery;

(f) description of charging system, if any;

(g) procedures for reporting alleged inadequacies of waste reception facilities; and

(h) information and records with respect to waste collected to be recorded as per domestic waste management rules in addition to the waste categories mentioned under MARPOL.

(4) The port shall prepare the plan in consultation with stakeholders, including agents, and, upon approval by the Board, shall publish and maintain the plan in electronic form, aligned with the relevant formats adopted by the International Maritime Organization.

14. Review and availability of the plan. – (1) The plan may be reviewed every two years by the Authority.

(2) The plan shall be made available to port users preferably electronically or in such manner as the Authority may determine.

15. Information to be communicated to vessels in relation to plan. – (1) Every port shall ensure that the following minimum information of the plan is communicated to vessels normally using that port, namely:–

(a)particulars of the port and plan in accordance with rule 12;

(b) contacts and emergency information including––

(i) list of relevant contact points;

(ii) contact details of environmental or health officers responsible for waste-related incidents.

(c)complaint and feedback mechanism including––

(i) procedure for vessels to lodge any complaints on alleged inadequacy or unavailability of reception facilities, with reference, where applicable, to the International Maritime Organization reporting format and the designated contact point;

(ii) indication of how complaints will be acknowledged and addressed.

(d) environmental and safety requirements such as––

(i) any port-specific environmental or occupational safety requirements applicable during delivery of waste, including personal protective equipment, traffic control and spillage prevention measures;

(ii) description of any local prohibitions or sensitive areas relevant to waste transfer operations.[भाII—ण 3(i)] भााा:अाा 35

(2) The information referred to in sub-rule (1) shall be communicated preferably electronically or in such manner as the Authority may determine.

(3) The information under this rule shall be kept updated as far as practicable by the Authority to reflect material changes in the plan.

(4) Every port shall maintain, for a period of not less than five years––

(a) copies showing the information communicated at different points in time;

(b) records of any complaints received in relation to the adequacy, accessibility or clarity of information on port reception facilities, and actions taken thereon.

16. Advance waste notice. – (1) Every vessel intending to call at a port shall submit an advance waste notice under section39 of the Act to the port of call.

(2) The advance waste notice shall be submitted irrespective of whether the vessel––

(a) intends to discharge waste;

(b) has no waste to discharge; or

(c) wishes to retain all waste on board.

(3) An advance waste notice shall be submitted––

(a) at least twenty-four hours before the arrival of vessel; or

(b) if the voyage is less than twenty-four hours, at the time of departure from the previous port; or

(c) if the port of call becomes known less than twenty-four hours in advance, as soon as the information becomes available.

(4) Any material change in the information submitted may be updated as soon as practicable.

(5) The advance waste notice shall be provided in alignment with Form-I, as specified under these rules.

(6) The advance waste notice shall be submitted, preferably by electronic means, as may be specified by the Authority.

(7) The port shall maintain records of advance waste notices for administrative and audit purposes, in such manner as it may determine.

(8) Advance waste notices shall be made available to any stakeholder as determined by the Authority.

17. Waste delivery obligations. – (1) Unless exempted under sub-rule (2), the master of a vessel calling at a port shall ensure that all vessel-generated waste which cannot be lawfully discharged into the sea in accordance with the provisions of the MARPOL Convention is delivered to an appropriate port reception facility before the vessel departs from the port as required under section sub-section (1) of section 40.

(2) A port may exempt a vessel, in whole or in part, from the obligation referred to in sub-rule (1), where the master demonstrates to the satisfaction of the conservator or such authorised person appointed by it, that the conditions and parameters specified in Schedule III are met.

(3) The conservator or such authorised person appointed by it shall record in writing the satisfaction referred to in sub-

rule (2) that––

(a) the vessel has sufficient dedicated and segregated storage capacity for all vessel- generated waste remaining on board and expected to be generated until the next port of call, so as to continue the voyage without any discharge into the sea in contravention of the MARPOL Convention; and

(b) adequate and suitable port reception facilities for the relevant categories of vessel-generated waste are available at the next port of call, taking into account information published through the International Maritime Organization Global Integrated Shipping Information System or such other reliable and publicly accessible sources as may be recognised by the Central Government.

(4) Any exemption granted under sub-rule (2) shall be recorded in writing and retained by the port in such manner as it may determine for audit purposes.36 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

(5) In situations of temporary overloading, malfunction, or unavailability of port reception facilities, the conservator shall, as far as practicable—

(a) prioritise vessels which, having regard to their type, cargo, fuel, or waste characteristics, present a higher risk of marine pollution;

(b) coordinate with nearby ports and competent authorities, as appropriate authorised waste reception operators, and other competent authorities to make alternative reception arrangements; and

(c) ensure that any delay or alternative arrangement does not result in the unlawful discharge of vessel- generated waste into the sea.

18. Waste delivery receipt– (1) Every port reception facility shall issue a waste delivery receipt upon receiving waste from a vessel as required under sub-section (2) of section 40 of the Act.

(2) A copy of the waste delivery receipt shall be provided to––

(a) the master,

(b) the agent of the vessel, and

(c) the port or Authority.

(3) The waste delivery receipt shall be issued in the form to be specified by the port in this behalf, which shall include–

(a) vessel particulars, including name and International Maritime Organization number;

(b) waste categories delivered in accordance with the following Annexes to the MARPOL Convention, namely:––

(i) Annex I relating to Oily waste or sludge or bilge;

(ii) Annex II relating to Noxious liquid residues;

(iii) Annex IV relating to Sewage

(iv) Annex V relating to Garbage categories A–G

(v) Annex VI relating to Exhaust gas cleaning residues

(c) quantity of waste delivered, including the unit of measurement;

(d) details of the port reception facility receiving the waste;

(e) date and time of delivery;

(f) status of receipt of waste, including acceptance or rejection, in whole or in part;

(g) confirmation of receipt and onward handling or transfer of waste, as applicable; and

(h) authentication by the port reception facility and the master or authorised officer of the vessel.

(4) The waste delivery receipt may be issued preferably electronically or in physical form.

(5) The waste delivery receipt shall be issued within one hour of completion of waste discharge from vessels and in the event that the receipt is not issued within one hour, the delay and the reasons thereof shall be recorded in writing.

(6) All quantities in a waste delivery receipt shall be expressed in metric units, and decimal notation shall be used consistently.

(7) The waste delivery receipt shall be in English and a translation in any additional language may be provided for convenience and in case of inconsistency, the English text shall prevail.

(8) Where waste is delivered in more than one batch, separate waste delivery receipts may be issued.

(9) The reception facility shall maintain digital or physical records of all waste delivery receipts and may share with any stakeholders as it may be required.[भाII—ण 3(i)] भााा:अाा 37

(10) The port or reception facility provider shall ensure that all data fields required to be uploaded in respect of the waste delivery receipt are completed accurately and in a timely manner in accordance with section 43 of the Act.

19. Audit. – (1) The audit under sub-section (1) of section 42 of the Act shall be carried out for the purposes of checking the availability and adequacy of reception facilities and audit of such pollution containment equipment as may be specified by the Central Government which shall include but not be limited to––

(a) adequacy and operational status of port reception facilities as per Annexes I, II, IV, V and VI of the MARPOL Convention;

(b) implementation and effectiveness of the plan;

(c) compliance with national environmental norms for disposal of waste received from vessels, including verification of compliance with domestic waste management rules under the Environment Protection Act, 1986 (29 of 1986)and other applicable domestic environmental regulations, in addition to relevant International Conventions;

(d) compliance and operational readiness, to the extent applicable to port-side facilities and obligations in accordance with Ballast Water Management Convention.

(2) Every port shall undergo an audit at least once in every two years, in accordance with the standards as may be specified by the Central Government from time to time and in accordance with the guidelines issued by Director General of Maritime Administration.

(3) Such biennial audit shall be conducted by a duly authorised auditor of the Director General of Maritime Administration.

(4) The audit report shall be submitted by the auditing authority to the Central Government which shall include the following details, namely:––

(a) brief summary of the port's overall compliance level;

(b) responsible parties, time-bound corrective action plan and proposed completion dates, within such period––

(i) not exceeding ninety days with details of immediate action that needs to be undertaken; or

(ii) such extended period as may be permitted by the auditing authority for reasons to be recorded in writing.

Explanation.–– For the purposes of this sub-rule, the expressions–

(a)“auditingauthority”meanstheauthorityorany person, body, or agency authorised by the authority or the Central Government to conduct an audit under these rules;

(b) “corrective action plan”meansthe planproduced in responseto theauditobservations,deficiencies, and which contains pathways for rectifications identified in accordance with the scope of the audit.

(5) The port shall facilitate the audit process by providing access to such information and records as is required to be maintained under the Act and the rules made thereunder, and shall retain the audit report and related records for at least seven years.

20. Reporting of pollution incidents– (1) Every port shall report to the Government of any actual or threatened pollution incident within port limits as required under sub-section (1) of section 44, as soon as practicable after becoming aware of such incident.

(2) For the purposes of sub-rule (1)–

(a) the master shall make an initial verbal report without delay, and in any case within fifteen minutes of detection ofpollution incident;38 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

(b)aCoastalPollutionIncidentReportinForm-IIshallbesubmittedbytheportwithintwohoursoftheincident, orassoonaspracticableifcontainmentmeasuresareongoing;

(c) a detailed supplementary report shall be submitted by the port within twenty-four hours if any further information becomes available subject to any such inquiries that the port may conduct with all relevant stakeholders.

(3) The initial verbal report under clause (a) of sub-rule (2) shall be made to––

(a) Vessel Traffic Service or Port Control on the designated Very High Frequency channel; or

(b) the designated port officer on the emergency pollution hotline; or

(c) Directorate General of Maritime Administration Communication Centre in case of discharge, escape, leakage or spillage of oil, oily mixture, oily residue.

(4) The report referred to in clause (b) of sub-rule (2) shall be submitted—

(a) through the Port Community System or Maritime Single Window; or

(b) via the port’s online pollution reporting portal;

(c) by email to the designated pollution reporting address; or

(d) by such electronic or other communication mechanisms as may be specified by the Central Government.

(5) If electronic submission is unavailable, a signed physical copy shall be submitted to the conservator within three hours of system restoration.

CHAPTER IV MISCELLANEOUS

21. Notified navigable rivers or channels leading to ports. – (1) While notifying a navigable river or channel leading to ports under sub-clause(iii) of clause (a) of sub-section (3) of section 1 of the Act, the Government shall––

(a) ensure that the spatial extent of the application of the Act to navigable rivers or channels leading to such port is clearly and precisely defined for purposes of safety, navigation, environmental protection and levy of fees and charges;

(b) secure consistency between port limits, channels leading to such port and adjoining navigable waterways, and to avoid ambiguity or overlap in jurisdiction among authorities.

(2) The notification of navigable rivers or channels referred to in sub-rule (1) shall contain the details specified in Form-III.

(3) The port may communicate the notification electronically to such authorities, as it may deem fit.

Explanation.–– For the purposes of this rule, the expression “navigable river or channels leading to such port” means any river, estuary, backwater, creek, canal, fairway, channels, or other waterway which––

(i) is, or is intended to be, regularly used by vessels navigating to or from a port; and

(ii) lies outside, or partly outside, the port limits as notified under sub-section (1) of section 11 of the Act.

22. Declaration of new port and alteration of port limits– (1) For the purposes of declaring any new port under sub-

section (2) of section 11 of the Act, the Government shall ensure compliance of the following norms by the ports,

namely:––

(a) there is demonstrable requirement for additional port capacity or specialised facilities in the region, having regard to––[भाII—ण 3(i)] भााा:अाा 39

(i) projected cargo and passenger demand and hinterland connectivity;

(ii) the national perspective plan and any regional or sectoral plans derived therefrom;

(iii) the potential to improve logistics efficiency, reduce turnaround time and support national development priorities; and

(iv) proposal being supported by a preliminary assessment of financial viability, including capital and operating cost estimates and possible funding sources.

Explanation.–– For the purposes of sub-clause (ii), the expression “national perspective plan” means the plan formulated by the Central Government under sub-section (1) of section 12 of the Act;

(b) the proposed new port does not result in unnecessary duplication of capacity in close proximity to existing ports, and, where multiple ports exist in a region, the proposal indicates how the new port will complement and not materially impair the viability of existing facilities except, where justified in the wider public interest;

(c) the location and intended operations of the proposed port are consistent with national security, coastal security, and defence considerations, and the proposal incorporates the views of the competent security and defence authorities.

(2) The Central Government may for reasons to be recorded in writing, relax one or more of the norms specified in sub-rule (1) in exceptional cases where strategic, security or other public interest considerations so warrant.

(3) Prior to notifying alteration of port limits under section sub-section (2) of section 11 of the Act, the Government shall ensure –

(a) strategic and economic justification;

(b) security and defence considerations;

(c) navigational safety impact;

(d) maritime zoning;

(e) environmental protection; and

(f) any other norm as the Government may specify.

(4) Every notification––

(a) declaring a new port shall be in Form-IV; and

(b) altering port limits shall be in Form-V.

23. Removal or alteration of obstruction. – The removal or alteration of any obstruction shall be planned and conducted to––

(a) ensure navigational safety;

(b) protect port operations;

(c) minimise risk to life, property, and the environment;

(d) respect existing lawful rights of the owner of the obstruction, subject to the necessity of safeguarding navigation and port safety.

(2) Where the obstruction exists, the conservator shall issue a written notice to such owner.

(3) The conservator may, where appropriate and having regard to the urgency of the situation convene a consultation meeting or technical discussion with the owner of the obstruction and other concerned stakeholders; or seek the views of the relevant authority or other competent body.40 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

(4)Theconservatorshall,asfaraspracticable,adoptamannerofremovaloralterationwhich––

(a) minimises the impact to the lawful owner of the obstruction;

(b) minimises disruption to vessel traffic and essential port services;

(c) seeks to avoid or reduce secondary environmental impacts; and

(d) is compatible with future development plans and designated uses of the port and waterway.

(5) Where an obstruction poses an immediate risk to the environment, life, navigation, port infrastructure, the conservator may, for reasons to be recorded in writing, take such urgent steps as are necessary.

(6) The conservator shall, as soon as practicable after such emergency action, inform the owner of the obstruction, where identifiable, of the actions taken and reasons therefore, and proceed to determine compensation, if any, in accordance with the sub-rule (7).

(7) The determination of reasonable compensation shall be made having due regard to factors such as the age, design life, structural condition and remaining service life of the obstruction at the time of removal or alteration, financial implications and such other relevant facts and circumstances of the case which shall be recorded in writing.

(8) The conservator may require the owner of the obstruction to submit relevant documents and data necessary for assessing compensation as early as possible and, in any case, without delay.

(9) The conservator may seek the assistance of independent technical, financial or valuation experts to arrive at a reasoned recommendation on compensation.

24. Expenses for loss, destruction or damage suffered by port– (1) Any person responsible for loss, destruction or damage caused to port or port facilities under sub-section (2) of section 26 shall be liable to bear the expenses covering full cost of restoring such property or facilities, as far as practicable, back to the condition existing immediately prior to such loss, destruction or damage the incident, so that the Authority does not incur any loss.

Explanation.–– For the purposes of this sub-rule,theexpression“expenses” means the reasonable costs, charges, and expenditures including ––

(i) repair or replacement costs;

(ii) cost of temporary works and emergency measures; and

(iii) professional and survey fees.

(2) Depending on the nature, severity and technical complexity of the loss, destruction or damage, the conservator may direct a preliminary inspection to be conducted to identify the extent of such loss, destruction or damage or detailed condition survey or engineering assessment to be undertaken, as the case may be.

25. Vessel arrival report. - The owner, agent or master shall report arrival of the vessel as required under section 49 of the Act which shall be in accordance with the Maritime Single Window or any other system designated by the Central Government.

Explanation.– For the purpose of this rule, the expression “designated system” means any other electronic system, designated by the Central Government.

26. Appointment of person for imposition of penalty. – Where the conservator is the body of persons, the Board shall appoint a person from amongst such body of persons by way of a general or special resolution as required under sub-section(2) of section 54 of the Act.

27. Report of incident. – (1) The designated incident reporting officer shall ensure that particulars of any incident as required under section 67 of the Act are obtained without delay from—

(a) owner, agent, or master of any vessel involved in the incident; and

(b) any terminal, facility or port service provider directly affected by, or involved in, the incident, and shall prepare a report of such incident in writing.[भाII—ण 3(i)] भााा:अाा 41

Explanation.–– For the purpose of this sub-rule,theexpression“designated incident reporting officer” means the deputy conservator or an officer of equivalent rank, at the port;

(2) The written report referred to in sub-rule (1) shall be submitted electronically to Directorate General of Maritime Administration Communication Centre as soon as reasonably practicable and in any event, not later than twenty-four hours from the occurrence of the incident.

(3) Every port shall maintain an electronic incident register recording all incidents reported under this rule, as well as all reports and any acknowledgements received thereof from Directorate General of Maritime Administration Communication Centre.

28. Shore based welfare services for seafarers. – (1) Ports shall follow the guidelines issued by the Director General of Maritime Administration in compliance with section 68 of the Act.

(2) All shore-based welfare services shall be made available to seafarers without discrimination on the basis of gender, nationality, race, colour, sex or any other grounds recognised under applicable law or international maritime labour standards.

(3) Ports shall make appropriate arrangements to facilitate reasonable access to shore-based welfare services having regard to security requirements, terminal location and operational constraints and ensure access to menstrual hygiene facilities for women seafarers.

(4) Where terminals are remote or subject to high security restrictions, the port shall provide adequate measures including transport arrangements to ensure access to shore based welfare services.

(5) Irrespective of port size and traffic, the shore based welfare services, in compliance with regulation 4.4. of Maritime Labour Convention, 2006, may include––

(a) internet connectivity;

(b) communication facilities such as Subscriber Identity Module (SIM) cards or top-up assistance;

(c) transport arrangements to nearby urban centres on request and on grant of necessary clearance;

(d) recreational and cultural support;

(e) mental health counselling support;

(f) medical assistance and facilitation;

(g) emergency health services and support;

(h) information on local laws, customs and emergency contacts;

(i) foreign exchange conversion facility; and

(j) information in relation to welfare Non-Governmental Organizations and legal support.

(6) Ports shall provide information relating to the shore based welfare services through multilingual notices, maps, digital platforms or other appropriate means.

29. Consular and fair treatment support.– Ports shall facilitate access to consular and fair treatment mechanisms in coordination with competent authorities to the seafarers.

30. Compliance with international conventions. – Every port shall comply with such applicable conventions as required under section 72 of the Act in accordance with the directions of the Central Government.42 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] Schedule I- Model Receipt Format [See rule 11(2)] MAJOR PORT – RECEIPT OF FEES OR CHARGES • Receipt No.:

• Date and Time: • Name of Payer or Agent: • Vessel Name or Type or Gross tonnage or Reference (if applicable): • Voyage Call Number: • Voyage Type: • Nature of Charge (with clause or tariff code): • Description of Service:

• Amount (₹): • GST or Taxes (₹): • Total Amount Received (₹): • Mode of Payment: • Unique Transaction Reference or Transaction ID and name of the bank: • Issued By (Name, Designation): • Signature or Digital Authentication:[भाII—ण 3(i)] भााा:अाा 43 SCHEDULE II [See rule 12(8)] Technical specifications for Port Reception Facilities

1. General Scope.–– The technical and operational requirements for port reception facilities in ports to which these rules apply, shall be implemented in compliance with the guidelines on renewable energy integration issued by the Central Government.

2. Technical and Operational Standards.–– Port reception facilities shall include, inter alia, the following technical standards, namely:––

(a) sewage treatment facilities conforming to standards notified by the Central Pollution Control Board, including requirements relating to biochemical oxygen demand, total suspended solids and disinfection;

(b) segregation of waste stream in accordance with the MARPOL Convention, including oily waste, sewage, garbage and hazardous or special waste categories;

(c) provision for surge handling capacity to accommodate temporary increases in vessel traffic and peak berth occupancy.

3. Performance Metrics.–– (1) Port reception facilities shall be available on a round-the-clock basis and operated in a manner that minimises delays attributable to waste delivery operations.

(2) Port reception facilities shall meet annual adequacy targets, including uptime benchmarks, as may be specified under the Harit Sagar guidelines.

(3) The implementation of the provisions of sub-paragraph (2) shall be subject to the Harit Sagar Guidelines, as issued by the Central Government from time to time.

4. Green Transition Infrastructure.–– Port reception facilities shall, where applicable, include infrastructure for––

(a) the safe handling and management of waste and residues arising from the use of alternative fuels;

(b) the reception and management of waste arising from shore power systems, including transformer oils and related electrical waste;

(c) the management of waste and residues arising from alternative fuel bunkering operations, including spillresponse residues.44 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] Schedule III [See rule 17(2)] Conditions and Parameters for Grant of Exemption from Waste Delivery Obligations

1. Demonstration of Storage Capacity.–– The master shall furnish information demonstrating that the vessel has sufficient dedicated storage capacity for vessel-generated waste, including––

(a) maximum approved storage capacity by waste category;

(b) quantity of waste currently on board;

(c) estimated waste generation until the next port of call; and

(d) margin of safety retained.

2. Details of Next Port Reception Facilities.–– The master shall identify the next port of call and provide––

(a) confirmation of availability of relevant port reception facilities at such port, based on–

(i) information published on the International Maritime Organisation Global Integrated Shipping Information System; or

(ii) official publications of the port authority of the next port of call; and

(b) the intended delivery plan at the next port.

3. Voyage Risk Factors.–– In assessing exemption, the conservator shall have due regard to––

(a) length and nature of the voyage;

(a) type of vessel and propulsion system;

(c) nature of cargo carried; and

(d) waste categories presenting higher pollution risk.

4. Recording of satisfaction.–– Any exemption granted under sub-rule (2) of rule 17 shall be recorded in writing and shall include––

(a) waste categories covered;

(b) quantities exempted;

(c) validity limited to the specified voyage or port call; and

(d) reasons for grant of such exemption.

5. Non-derogation.–– Nothing in this Schedule shall be construed as permitting any discharge of vessel-generated waste into the sea in contravention of the MARPOL Convention.

6. Exemption.–– The requirement for mandatory delivery of operational waste and cargo residues to port reception facilities under these rules shall not apply to inland waterway barges operating exclusively on inland waterways within the territory of India and engaged in short intra-river voyages between inland terminals, which do not undertake sea voyages and do not generate cargo residues comparable to ocean-going vessels, where the operational waste generated is negligible and

capable of safe onboard storage:

Provided that such vessels shall maintain suitable onboard holding arrangements and ensure that all such waste is retained onboard and disposed of through authorised onshore waste management systems in accordance with applicable law, and no discharge into inland waters occurs in contravention of these rules or any other law for the time being in force.[भाII—ण 3(i)] भााा:अाा 45 Form – I [See rule 16(5)] ADVANCE WASTE NOTICE

1. Vessel Details

o Name of Vessel:

o International Maritime Organisation Number:

o Flag:

o Type of Vessel:

o Gross Tonnage or Deadweight Tonnage:

2. Port Call Details

o Last Port of Call:

o Next Port of Call: o Estimated Time of Arrival (Local Time): o Estimated Time of Departure (Local Time):

3. Waste Onboard (MARPOL Annex-wise) o Annex I (Oily Waste): o Annex II [Noxious Liquid Substances Residues): o Annex IV (Sewage): o Annex V (Garbage Categories A–G): o Annex VI (Scrubber wash water residue or ozone-depleting substances):

4. Waste to be Discharged at Port (Specify type and quantity)

5. Waste Retained Onboard

6. Last Waste Discharge (Port and Date)

7. Request for Reception Facility ☐ Yes ☐ No

Type of Facility Required: ____________

8. Certification by Master I hereby certify that the information provided above is true and complete.

o Name of Master:

o Signature:

o Date:46 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] Form-II [Seerule20(2)(b)] COASTAL POLLUTION INCIDENT REPORT

1. Vessel / Facility Details – Vessel Name: – International Maritime Organisation Number: – Flag: – Agent:

2. Type of Pollution Threat – Oil or Oily mixture or Sludge – Noxious liquid substance – Chemical or Hazardous and Noxious Substances – Sewage – Garbage (specify category) – Other harmful substance:

3. Estimated Quantity Released / Threatened

4. Location (Coordinates/Berth)

5. Time of Incident

6. Cause (if known)

7. Actions Taken Containment booms deployed ☐ Scuppers plugged ☐ Pumping stopped ☐ Emergency pollution control activated ☐

Notification to terminal or port ☐

8. Impact Assessment (coastal waters / fisheries / marine life)

9. Attachments – Photos/videos ☐ – Log extracts ☐ – Sounding records ☐ – Tank data ☐

10. Certification by Master I certify that the information provided is true.

Name: Signature:

Date:[भाII—ण 3(i)] भााा:अाा 47 Form–III [See rule 21(2)] FORM FOR NOTIFICATION OF NAVIGABLE RIVERS OR CHANNELS LEADING TO A PORT

1. Title of the Notification (Short descriptive title indicating the designated stretch of river/ channel)

2. Description of the River/Channel Declared as Navigable Access Route

(a) Name of River/Channels leading to a port:

(b) Geographical coordinates and any other components, as may be applicable: • Latitude: Longitude:

3. Navigational Aids and Markings (as applicable):

4. Purpose of Notification:

5. Instructions (if any):

6. Date of Commencement:

The notification shall come into force on

7. Authority Issuing the Notification:

Name of Department/Ministry:

Signature:

Name:

Designation:

Seal:

Date:

Place:

Notes (for the Gazette printer / Port Authority use)

1. The filled form must be published verbatim in the Official Gazette.

2. A digital version of this form shall be uploaded on Government and concerned port website48 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] Form – IV [Seerule22(4)(a)] FORM FOR NOTIFICATION OF A NEW PORT

1. Title of Notification

2. Name of the New Port

3. Geospatial Description of Port Limits

(a) Landward Boundary (if applicable)

Description and coordinates:

(b) Seaward Boundary

Coordinates: • Point 1: Lat Long • Point 2: Lat Long • Point 3: Lat Long (Additional points may be added as required)

(c) Channels leading to port and Navigational Access:

4. Hydrographic and Navigational Features: (Attach charts/maps if required)

5. Purpose and Applicability: (Describe port functions: cargo handling, passenger operations, offshore terminals, etc.)

6. Effective Date of Notification:

7. Issuing Authority:

Name:

Designation:

Department:

Signature:

Seal:

Date:

Place:[भाII—ण 3(i)] भााा:अाा 49 FORM –V [See rule 22(4)(b)] FORM FOR ALTERATION OF PORT LIMITS

1. Title of Notification:

2. Name of the Port:

3. Nature of Alteration: ☐ Extension of limits ☐ Reduction of limits ☐ Modification of coordinates ☐ Inclusion of new channels leading to port/anchorage ☐ Exclusion of area ☐ Other (specify):

4. Revised Coordinates of Port Limits:

5. Justification for Alteration: (Expansion: dredging, new terminals; Restriction: safety, environmental zones, etc.)

6. Maps/Charts Attached:

7. Effective Date:

8. Issuing Authority:

Name:

Designation:

Signature:

Seal:

Date:

Place: [F. No. PD-24015/1/2025-PD-I/E-378148] PRAVEEN P. NAIR, 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. SARVESH KUMAR SRIVASTAVA DKDUi ag tMi et :Aa 2lRl 0y S2 sR6igI.V0n 7Ae .S2dT1 bA 2yV1 SA:2A 9R :V 04E S +H 0 5'30'1692 , ಗುರು(cid:174)ಾರ, 08, , 2026 ¨Ás U À 4 ಕ(cid:3482)(cid:4305)ಟಕ (cid:3587)ಜ(cid:3186) (cid:3497)ಲರ ಆ(cid:3459)(cid:3662)(cid:3485)(cid:3692)ರ ಮ(cid:3425)(cid:3176) ಅವರ (cid:3713)ಸ(cid:3588)ನ(cid:3618)(cid:3189) ((cid:3200)(cid:3695)ಮ ಆ(cid:3601).(cid:3648).) ಸ(cid:3707)ಯಕ (cid:3497)(cid:3187) (cid:3591)ಪ(cid:3197)ರ ಮ(cid:3425)(cid:3176) ಪದ(cid:3483)(cid:3558)ತ(cid:3176) ಸ(cid:3197)(cid:4305)ರದ ಅ(cid:3468)ೕನ (cid:3197)ಯ(cid:4305)ದ(cid:3663)(cid:4305) (cid:3704)ಸ(cid:3453)ೕಯ ವ(cid:3186) ವ(cid:3707)ರಗ(cid:3635) ಮ(cid:3425)(cid:3176) (cid:3662)ಸನ ರಚ(cid:3488) ಇ(cid:3617)(cid:3218) PR-61 (cid:3704)ಸ(cid:3453)ೕಯ ವ(cid:3186) ವ(cid:3707)ರಗ(cid:3635) ಮ(cid:3425)(cid:3176) (cid:3662)ಸನ ರಚ(cid:3488) ಇ(cid:3617)(cid:3218) ಅ(cid:3468)(cid:3696)ಚ(cid:3488) (cid:3704)(cid:3218)(cid:3186) : (cid:3704)ವ(cid:3186) (cid:3662)ಇ 38 (cid:3204)(cid:3483)ಪ(cid:3187) 2026 (cid:3533)ಂಗ(cid:3636)(cid:3590), (cid:3453)(cid:3482)ಂಕ:03.10.2026.

(cid:3453)(cid:3482)ಂಕ: 30.07.2026(cid:3599)(cid:3455) (cid:3542)ರತ ಸ(cid:3197)(cid:4305)ರದ (cid:3233)(cid:3308)(cid:3361)ನ (cid:3648)(cid:3669)ಷ (cid:3704)(cid:3273)(cid:3203)ಯ Part-II-

Section-3 Sub Section (i)ರ(cid:3618)(cid:3189) ಪ(cid:3187) ಕಟ(cid:3647)ದ the Mines and Minerals Adjudication of Penalties Rules, 2026ನ GSR 682(E) ಅ(cid:3485)(cid:3180) (cid:3692)ವ(cid:4305)ಜ(cid:3483)ಕರ (cid:3557)(cid:3708)(cid:3423)(cid:3227)(cid:3228) ಕ(cid:3482)(cid:4305)ಟಕ (cid:3587)ಜ(cid:3186) ಪತ(cid:3187) ದ(cid:3618)(cid:3189) ಮ(cid:3590)ಪ(cid:3187) ಕ(cid:3348)ಸ(cid:3617)(cid:3228)(cid:3458),-[भाग II—खण् ड 3(i)] भारत का रािपत्र : असाधारण 9 MINISTRY OF MINES

NOTIFICATION New Delhi, the 30th July, 2026 G.S.R. 682(E).— In exercise of the powers conferred by clauses (a) and (b) of sub-section (2) of section 25D of the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957), the Central Government hereby makes the following rules, namely: —

1. Short title and commencement. — (1) These rules may be called the Mines and Minerals Adjudication of Penalties Rules, 2026.

(2) These rules shall come into force on the 1st day of August, 2026.

2. Definitions. — (1) In these rules, unless the context otherwise requires, —

(a) "Act" means the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957);

(b) "adjudicating officer" means an officer appointed under sub-section (1) or (2) of section 25B of the Act, as the case may be;

(c) "appellant" means a person aggrieved with an order of adjudicating officer and prefers an appeal before the appellate authority under sub-section (1) of section 25C of the Act;

(d) "appellate authority" means an officer appointed under sub-section (1) of section 25C of the Act;

(e) "form" means a form appended to these rules;

(f) “inquiry” means the inquiry referred in sub-section (1) or (2) of section 25B of the Act; and

(g) “Schedule” means the schedule annexed to these rules.

(2) The words and expressions used in these rules and not defined, but defined in the Act, shall have the same meanings respectively assigned to them in the Act.

3. Complaint. — A gazetted officer authorised by the Central Government or the State Government, as the case may be, may file a complaint in Form 1, through electronic form or speed post with registration and proof of delivery or by hand, to the adjudicating officer regarding any contravention under section 25A of the Act within a period of three years from date of such contravention.

Explanation. - For the purposes of this rule, clause (b) of sub-rule (11) of rule 4 and rule 11 “electronic form” shall have the same meaning as assigned to it in clause (r) of sub-rule (1) of section 2 of the Information Technology Act, 2000 (21 of 2000).

4. Holding of inquiry. — (1) On receipt of any complaint under rule 3, the adjudicating officer shall, issue a notice in Form 2 to the person alleged to have been committed the contravention, requiring him to show cause, within such period as may be specified in the notice (being not less than fifteen days from the date of service thereof), as to why an inquiry should not be held against him.

(2) Every notice under sub-rule (1) shall indicate the nature of contravention alleged to have been committed by him.

(3) On receipt of the reply submitted by such person, if the adjudicating officer is of the opinion that an inquiry should be held, he shall issue a notice in Form 3 requiring the appearance of the person proceeded against and such other persons as may be necessary personally or through a representative duly authorised by him on such date as may be fixed

in the notice:

Provided that the appearance shall be allowed through video conference.

(4) On the date fixed for hearing, the adjudicating officer shall explain to the person proceeded against or his authorised representative, the contravention alleged to have committed by him and the provision of the Act.

(5) The adjudicating officer shall give an opportunity to such person and other necessary persons to produce documents or evidence as he may consider relevant to the inquiry and if necessary, the hearing may be adjourned to a future date (not later than fifteen days from the first date and up to a maximum of three dates) and while taking such evidence the adjudicating officer shall not be bound to observe the provisions of the Bhartiya Sakshya Adhiniyam, 2023 (47 of 2023).

(6) On the date fixed for hearing and after giving a reasonable opportunity of being heard to the person concerned, if any person fails, neglects or refuses to appear before the adjudicating officer, he may proceed with the inquiry in the absence of such person after recording the reasons for doing so.

(7) If the adjudicating officer, upon consideration of the evidence produced before him, is satisfied that the person has committed the contravention or the failure, he shall, having regard to the factors specified in rule 6, by order in writing, impose civil penalty as specified in the Schedule.

(8) Every order made under sub-rule (7) shall specify the provisions of the Act, rules made thereunder or the terms and conditions of mineral concession, in respect of which contravention has been committed and shall specify the reasons for imposing the penalty.

(9) A copy of the order made under this rule and all other copies of proceedings shall be supplied free of cost to the complainant and the person against whom the inquiry was held.10 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

(10) The adjudicating officer shall complete the proceeding within six months from the issuance of the notice to the person against whom the inquiry was held.

(11) A notice or an order issued under these rules shall be served on the person against whom an inquiry is held, in any of the following manner, namely: —

(a) by delivering or tendering it to that person or his authorised representative; or

(b) by sending it to the person through electronic form or by speed post with registration and proof of delivery to the address of his place of residence or his last known place of residence or the place where he carried on or last carried on, business or personally works or last worked for gain; or

(c) if it cannot be served in the manner specified under clauses (a) or (b), by affixing it on the outer door or some other conspicuous part of the premises in which that person resides or is known to have last resided or carried on business or personally works or has worked for gain.

5. Factors to be considered while determining quantum of penalty. — The adjudicating officer, while adjudicating the quantum of penalty, shall have due regard to all or any of the following factors, namely: —

(a) quantum of deviation or contravention from the standard provided under the rules or terms and conditions of the mineral concession;

(b) undue gain or benefit derived out of contravention and its amount, wherever quantifiable;

(c) repetitive nature or frequency of the contravention;

(d) duration of contravention;

(e) past compliance record of the person proceeded against;

(f) whether the contravention is procedural, technical or substantive;

(g) whether the contravention was promptly rectified;

(h) whether the contravention could lead to any environmental damage, safety risk, public loss or financial loss to the Government;

(i) condonation of delay due to downtime or technical failure of Government portals; or

(j) any other relevant factor.

6. Summary disposal. — (1) Notwithstanding anything contained in rules 4, no inquiry shall be initiated or continued against a person in respect of a contravention under section 25A of the Act, if such person makes payment of the minimum amount specified in the Schedule and rectify the contravention of the rules or terms and conditions of the mineral concession, either before initiation or during any stage of inquiry under rule 4:

Provided that the provisions of this rule shall not be applicable if a person commits contravention of the same

rule or terms and conditions of the mineral concession for more than three times within a period of five years.

Explanation. — For the purpose of this sub-rule, “minimum amount specified in the Schedule” shall mean, —

(a) in case of contravention of rules or terms and conditions of mineral concession which specify time period of submission of report or information, aggregate of the amount specified in the Schedule for each day till continuation of such contravention;

(b) in case of other contravention, the minimum amount specified in the range of amount specified in the Schedule.

(2) For the purpose of sub-rule (1), the person who has made a contravention shall file an application to the adjudicating officer in the form of an affidavit specifying the —

(a) details of contravention for which the application is being filed along with notice received regarding the contravention, if any;

(b) details of subsequent rectification of the contravention along with a copy of document in support of the same; and

(c) undertaking to deposit the amount under sub-rule (1).

(3) The adjudicating authority shall within fifteen days of the receipt of the application under sub-rule (2), intimate the applicant to deposit the amount under sub-rule (1).

(4) The applicant shall deposit the amount within fifteen days of the intimation under sub-rule (3) and on verification of deposit of amount, the adjudicating officer shall issue a closure order within seven days and no inquiry shall be initiated or continued against a person in respect of said contravention.

7. Transfer of complaint. — (1) If the adjudicating officer is of the view or it is made to appear that he does not have authority to entertain the complaint, he shall transfer it to the adjudicating officer concerned within fifteen days of the receipt of such complaint made to him, after reasons to be recorded in writing, under intimation to the complainant.

(2) The adjudicating officer to whom such case is transferred shall proceed with the inquiry from the stage it is transferred to him.

8. Appeal. — (1) Any person aggrieved by an order passed by the adjudicating officer, may file an appeal to the appellate authority in Form 4 within 30 days from the date of receipt of the order against which the appeal is filed.

(2) No appeal shall be entertained unless the appellant has deposited with the appellate authority ten per cent. of the amount of penalty imposed by the adjudicating officer.[भाग II—खण् ड 3(i)] भारत का रािपत्र : असाधारण 11

(3) The appeal shall be accompanied by a copy of order of adjudicating officer and a statement of facts appealed against, the grounds for appeal and the relevant section of the Act.

(4) The appeal may be filed by the appellant in person or by his representative duly authorised in writing, or speed post with registration and proof of delivery or through electronic means.

(5) The appeal sent shall be deemed to have been filed to the appellate authority on the day it is received.

(6) If on scrutiny, the appeal is found to be in order, it shall be admitted and in case the appeal is found to be defective, the appellate authority shall intimate the appellant about the defects and allow him to rectify the defects within fifteen days and if the appellant fails to rectify such defects within the time period, the appellate authority may by order and for reasons to be recorded in writing, decline to register such appeal and communicate such refusal to the appellant within a period of seven days thereof.

(7) On admission of the appeal, the appellate authority shall serve a copy of appeal to respondent along with a notice requiring him to file his reply thereto, within such period, not exceeding thirty days, as may be stipulated by the appellate authority in the said notice.

(8) The notice may be served by hand or by speed post with registration and proof of delivery or through electronic means.

(9) The appellate authority may call for the records relating to the proceedings from the adjudicating officer.

(10) The appellate authority shall, after giving the parties to the appeal an opportunity of being heard, pass a reasoned

order.

(11) The appellate authority shall dispose of the appeal within sixty days from the date of appeal.

(12) In case of reduction or setting aside of the penalty, any excess amount deposited under sub-rule (2) shall be refunded within sixty days of the order of appellate authority.

9. Extension of time. —The adjudicating officer or the appellate authority may, for reasons to be recorded in writing, where there is a reasonable cause for the delay or failure to act or evidence of downtime or technical failure of Government portals, extend any period specified in these rules for filing of complaint, appeal or other related documents till such period as he considers reasonable, subject to maximum ninety days.

10. Order and deposit of penalties. — (1) Every order under these rules, shall be dated, signed and communicated to all the parties.

(2) All sums realised by way of penalties under these rules shall be credited to the Consolidated Fund of India or the Consolidated Fund of the State, as the case may be.

11. Online electronic facility. — The Central Government and the State Government shall carry out the purposes of, and enforce compliance with, these rules through electronic form, including the following, namely: —

(a) issuance of notice and other communications;

(b) submission or filing of complaint, application, reply, appeal and such other document;

(c) conduct of virtual hearing by adjudicating officer and appellate authority;

(d) display of status of the cases before the adjudicating officer and appellate authority;

(e) uploading of orders of adjudicating officer and appellate authority; and

(f) payment of penalty and other amounts.

The Schedule (See rule 4 (7)) Amount of penalty Part-A. Amount of civil penalty in respect of the holder of mining lease of mineral Sl. No. Area of Nature of contravention. Amount of civil penalty. mining lease.

(1) (2) (3) (4)

1. Leased area up (i) For contravention of rules or terms (i) ₹500/- for each day of contravention, to 5 hectares. and conditions of the mineral subject to maximum of ₹25,000/-. concession which specify time period of submission of report or information and rule 19 of the Mineral Conservation and Development Rules, 2017.

(ii) For other contravention not covered under clause (i). (ii) not less than ₹2,000 per hectare which may extend to ₹10,000 per hectare.12 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

2. Leased area (i) For contravention of rules or terms (i) ₹1,000/- for each day of contravention, more than 5 and conditions of the mineral subject to maximum of ₹1,00,000/-. hectares and up concession which specify time period to 50 hectares. of submission of report or information and rule 19 of the Mineral Conservation and Development Rules, 2017.

(ii) For other contravention not covered under clause (i). (ii) not less than ₹3,000 per hectare which may extend to ₹15,000 per hectare.

3. Leased area (i) For contravention of rules or terms (i) ₹2,000/- for each day of contravention, more than 50 and conditions of the mineral subject to maximum of ₹2,00,000/-. hectares and up concession which specify time period to 150 hectares. of submission of report or information and rule 19 of the Mineral Conservation and Development Rules, 2017

(ii) For other contravention not covered under clause (i)

(ii) not less than ₹4,000 per hectare which may extend to ₹20,000 per hectare.

4. Leased area (i) For contravention of rules or terms (i) ₹3,000/- for each day of contravention, more than 150 and conditions of the mineral subject to maximum of ₹3,00,000/-. hectares. concession which specify time period of submission of report or information and rule 19 of the Mineral Conservation and Development Rules, 2017.

(ii) For other contravention.

(ii) not less than ₹5,000 per hectare which may extend to ₹25,000 per hectare, subject to maximum of ₹50,00,000/-.

Part-B. Amount of civil penalty in respect of the holder of prospecting licence, composite licence and exploration licence of mineral.

Sl. No. Area of Nature of contravention. Amount of civil penalty. mineral concession.

(1) (2) (3) (4)

1. Area of (i) For contravention of rules or terms and (i) ₹1,000/- for each day of contravention, mineral conditions of the mineral concession subject to maximum of ₹1,00,000/-. concession up which specify time period of submission to 100 of report or information.

hectares.

(ii) not less than ₹3,000 per hectare which

(ii) For other contravention not covered may extend to ₹15,000 per hectare. under clause (i).

2. Area of (i) For contravention of rules or terms and (i) ₹2,000/- for each day of contravention, mineral conditions of the mineral concession subject to maximum of ₹2,00,000/-. concession which specify time period of submission more than 100 of report or information. (ii) not less than ₹4,000 per hectare which hectares. (ii) For other contravention not covered may extend to ₹20,000 per hectare, under clause (i). subject to maximum of ₹50,00,000/-.[भाग II—खण् ड 3(i)] भारत का रािपत्र : असाधारण 13 Part-C. Amount of civil penalty in respect of person not holding a mineral concession Sl. No. Nature of contravention. Amount of civil penalty.

(1) (2) (3)

1. For contravention of rules (other than rules made ₹5,000 for each day of contravention, subject to under section 18B of the Act) which specify time maximum of ₹5,00,000/- period of submission of report or information.

2. (i) For contravention of rules made under section (i) ₹1,00,000 for each day of contravention, subject 18B of the Act which specify time period of to maximum of ₹50,00,000/-. submission of report or information.

(ii) For other contravention not covered under clause (i). (ii) not less than ₹10,00,000/- which may extend to ₹25,00,000/-.

Note. — For the purpose of this Schedule, civil penalty in respect of minor minerals may be notified by the State Government.

Form 1 (See rule 3) To, The Adjudicating Officer …………………………..

1. Particular of complainant: -

(a) Name:

(b) Address:

(c) Contact No.

(d) Email (for service):

2. Particulars of complaint: -

(a) Date, time and instance of commission of alleged contravention:

(b) Statement of contravention setting out all relevant material particulars:

(c) Evidence in support of the statement:

(d) Tentative amount of penalty (in pecuniary terms) with cost break-up.

I/We………… the complainant …………..herein declare that the facts stated herein are correct to the best of my/our knowledge.

3. Name and designation of the complainant:

Signature.

Note- Strike out whichever is not applicable.

Form 2 [See rule 4 (1)] To ……………………… ……………………… ……………………… Show cause notice

Subject: – Contravention under section 25A of the Mines and Minerals (Development and Regulation) Act, 1957.

Sir/Madam, As per intimation …….. dated (copy enclosed), a contravention has been reported under ………………section of the Mines and Minerals (Development and Regulation) Act, 1957 at ……………………..14 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

2. The above contravention is liable for penalty. Therefore, you are required to show cause within a period of ……………. days of service of this notice, why an inquiry should not be initiated against you under section 25A of the Mines and Minerals (Development and Regulation) Act, 1957 for imposition of penalty.

3. In case, no reply is received within the given period, further action shall be taken under the said Act.

Adjudicating officer Date and place ………………….

Form 3 [See rule 4 (3)] To ……………………… ……………………… Notice for appearance

Subject: – Contravention under section 25A of the Mines and Minerals (Development and Regulation) Act, 1957.

Sir/Madam, Show cause notice number …. dated …. may be referred to.

2. After preliminary examination, I am of the opinion that enquiry should be held against you for the contravention specified in the said show cause notice. Therefore, you are required to appear before the undersigned personally or through representative on dated……, for inquiry initiated against you under section 25A of the Mines and Minerals (Development and Regulation) Act, 1957.

3. In case of failure to appear on the given date, inquiry will be conducted in your absence.

Adjudicating officer Date and place ………………….

Form 4 Appeal [See rule 8 (1)] To Appellate Authority, …………………………………….. ……………………………………….

1. Particulars of appellant:

(i) Name:

(ii) Address for correspondence:

(iii) Contact number:

(iv) Email:

2. Grounds of appeal: (A copy of order of adjudicating officer to be enclosed)

3. Date of order of the adjudicating officer:

4. Statement of facts:

I/We………, the appellant hereby declare that the facts stated herein above are correct to the best of my/our knowledge, information and belief.

5. Signature of appellant and date:

6. Name of appellant: [F. No. M.VI -16/51/2026-Mines VI ] KULVEER SINGH YADAV, 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.¨Ás U À 4 , ಗುರು(cid:174)ಾರ, 08, , 2026 1699 ಕ(cid:3482)(cid:4305)ಟಕ (cid:3587)ಜ(cid:3186) (cid:3497)ಲರ ಆ(cid:3459)(cid:3662)(cid:3485)(cid:3692)ರ ಮ(cid:3425)(cid:3176) ಅವರ (cid:3713)ಸ(cid:3588)ನ(cid:3618)(cid:3189) ((cid:3200)(cid:3695)ಮ ಆ(cid:3601).(cid:3648).) ಸ(cid:3707)ಯಕ (cid:3497)(cid:3187) (cid:3591)ಪ(cid:3197)ರ ಮ(cid:3425)(cid:3176) ಪದ(cid:3483)(cid:3558)ತ(cid:3176) ಸ(cid:3197)(cid:4305)ರದ ಅ(cid:3468)ೕನ (cid:3197)ಯ(cid:4305)ದ(cid:3663)(cid:4305) (cid:3704)ಸ(cid:3453)ೕಯ ವ(cid:3186) ವ(cid:3707)ರಗ(cid:3635) ಮ(cid:3425)(cid:3176) (cid:3662)ಸನ ರಚ(cid:3488) ಇ(cid:3617)(cid:3218) PR-62 (cid:3704)ಸ(cid:3453)ೕಯ ವ(cid:3186) ವ(cid:3707)ರಗ(cid:3635) ಮ(cid:3425)(cid:3176) (cid:3662)ಸನ ರಚ(cid:3488) ಇ(cid:3617)(cid:3218) ಅ(cid:3468)(cid:3696)ಚ(cid:3488) (cid:3704)(cid:3218)(cid:3186) : (cid:3704)ವ(cid:3186) (cid:3662)ಇ 39 (cid:3204)(cid:3483)ಪ(cid:3187) 2026 (cid:3533)ಂಗ(cid:3636)(cid:3590), (cid:3453)(cid:3482)ಂಕ:03.10.2026.

(cid:3453)(cid:3482)ಂಕ: 30.07.2026(cid:3599)(cid:3455) (cid:3542)ರತ ಸ(cid:3197)(cid:4305)ರದ (cid:3233)(cid:3308)(cid:3361)ನ (cid:3648)(cid:3669)ಷ (cid:3704)(cid:3273)(cid:3203)ಯ Part-II-

Section-3 Sub Section (i)ರ(cid:3618)(cid:3189) ಪ(cid:3187) ಕಟ(cid:3647)ದ the Offshore Areas Mineral Adjudication of Penalties Rules, 2026ನ GSR 686(E) ಅ(cid:3485)(cid:3180) (cid:3692)ವ(cid:4305)ಜ(cid:3483)ಕರ (cid:3557)(cid:3708)(cid:3423)(cid:3227)(cid:3228) ಕ(cid:3482)(cid:4305)ಟಕ (cid:3587)ಜ(cid:3186) ಪತ(cid:3187) ದ(cid:3618)(cid:3189) ಮ(cid:3590)ಪ(cid:3187) ಕ(cid:3348)ಸ(cid:3617)(cid:3228)(cid:3458),-10 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] प्ररूप 4 अपील [जनयम 9(3) िेखें] सेिा में, अपील प्राजधकरण, ………………………………..

……………………………………….

1. अपीलार्ी की जिजिजष्टयााँ:

(i) नाम :

(ii) पत्राचार का पता:

(iii) संपका नंबर:

(iv) ईमले :

2. अपील के आधार: (न्यायजनणाायक अजधकारी के आिेि की प्रजत सलं ग्न करें)

3. न्यायजनणाायक अजधकारी के आिेि की तारीख:

4. तथ्यों का जििरण: मैं/हम………, अपीलकताा, एतद्द्वारा घोषणा करता ह/ाँकरती ह/ाँकरत े ह ैं दक ऊपर कजर्त तथ्य मेरे/हमारे सिोत्तम ज्ञान, सूचना और जिश्वास के अनुसार सत्य ह।ैं ।

5. अपीलार्ी के हस्ट्ताक्षर और तारीख:

6. अपीलार्ी का नाम: [फा. सं. एम.VI-16/51/2026-खान VI (भाग-4)] कुलिीर ससह यािि, संयुि सजचि MINISTRY OF MINES

NOTIFICATION New Delhi, the 30th July, 2026 G.S.R. 686(E).— In exercise of the powers conferred by clause (m) of sub-section (2) of section 35 read with sub-section (3) of section 28 and sub-section (2) of section 34 of the Offshore Areas Mineral (Development and Regulation) Act, 2002 (17 of 2003), the Central Government hereby makes the following rules, namely: —

1. Short title and commencement. — (1) These rules may be called the Offshore Areas Mineral Adjudication of Penalties Rules, 2026.

(2) These rules shall come into force on the 1st day of August, 2026.[भाग II—खण् ड 3(i)] भारत का रािपत्र : असाधारण 11

2. Definitions. — (1) In these rules, unless the context otherwise requires, —

(a) "Act" means the Offshore Areas Mineral (Development and Regulation) Act, 2002 (17 of 2003);

(b) "adjudicating officer" means an officer appointed under sub-section (3) of section 28 of the Act;

(c) "appellant" means a person aggrieved with an order of adjudicating officer and prefers an appeal before the appellate authority under sub-section (1) of section 34 of the Act;

(d) "appellate authority" means an officer appointed under sub-section (1) of section 34 of the Act;

(e) "form" means a form appended to these rules;

(f) “inquiry” means the inquiry referred in sub-section (3) of section 28 of the Act; and

(g) “Schedule” means the schedule annexed to these rules.

(2) The words and expressions used in these rules and not defined, but defined in the Act, shall have the same meanings respectively assigned to them in the Act.

3. Complaint. — A gazetted officer authorised by the Central Government may file a complaint in Form 1, through electronic form or speed post with registration and proof of delivery or by hand, to the adjudicating officer regarding any contravention or failure under sub-section (1) of section 28 of the Act within a period of three years from date of such contravention or failure.

Explanation. - For the purposes of this rule, clause (b) of sub-rule (11) of rule 4 and rule 11 “electronic form” shall have the same meaning as assigned to it in clause (r) of sub-rule (1) of section 2 of the Information Technology Act, 2000 (21 of 2000).

4. Holding of inquiry. — (1) On receipt of any complaint under rule 3, the adjudicating officer shall, issue a notice in Form 2 to the person alleged to have been committed the contravention or failure, requiring him to show cause, within such period as may be specified in the notice (being not less than fifteen days from the date of service thereof), as to why an inquiry should not be held against him.

(2) Every notice under sub-rule (1) shall indicate the nature of contravention or failure alleged to have been committed by him.

(3) On receipt of the reply submitted by such person, if the adjudicating officer is of the opinion that an inquiry should be held, he shall issue a notice in Form 3 requiring the appearance of the person proceeded against and such other persons as may be necessary personally or through a representative duly authorised by him on such date as may be

fixed in the notice:

Provided that the appearance shall be allowed through video conference.

(4) On the date fixed for hearing, the adjudicating officer shall explain to the person proceeded against or his authorised representative, the contravention or failure alleged to have committed by him and the provision of the Act.

(5) The adjudicating officer shall give an opportunity to such person and other necessary persons to produce documents or evidence as he may consider relevant to the inquiry and if necessary, the hearing may be adjourned to a future date (not later than fifteen days from the first date and up to a maximum of three dates) and while taking such evidence the adjudicating officer shall not be bound to observe the provisions of the Bhartiya Sakshya Adhiniyam, 2023 (47 of 2023).12 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

(6) On the date fixed for hearing and after giving a reasonable opportunity of being heard to the person concerned, if any person fails, neglects or refuses to appear before the adjudicating officer, he may proceed with the inquiry in the absence of such person after recording the reasons for doing so.

(7) If the adjudicating officer, upon consideration of the evidence produced before him, is satisfied that the person has committed the contravention or the failure, he shall, having regard to the factors specified in rule 6, by order in writing, impose civil penalty as specified in the Schedule.

(8) Every order made under sub-rule (7) shall specify the provisions of the Act, rules made thereunder or the terms and conditions of operating rights, in respect of which contravention or failure has been committed and shall specify the reasons for imposing the penalty.

(9) A copy of the order made under this rule and all other copies of proceedings shall be supplied free of cost to the complainant and the person against whom the inquiry was held.

(10) The adjudicating officer shall complete the proceeding within six months from the issuance of the notice to the person against whom the inquiry was held.

(11) A notice or an order issued under these rules shall be served on the person against whom an inquiry is held, in any of the following manner, namely: —

(a) by delivering or tendering it to that person or his authorised representative; or

(b) by sending it to the person through electronic form or by speed post with registration and proof of delivery to the address of his place of residence or his last known place of residence or the place where he carried on or last carried on, business or personally works or last worked for gain; or

(c) if it cannot be served in the manner specified under clauses (a) or (b), by affixing it on the outer door or some other conspicuous part of the premises in which that person resides or is known to have last resided or carried on business or personally works or has worked for gain.

5. Factors to be considered while determining quantum of penalty. — The adjudicating officer, while adjudicating the quantum of penalty, shall have due regard to all or any of the following factors, namely: —

(a) quantum of deviation or contravention from the standard provided under the rules or terms and conditions of the operating right;

(b) undue gain or benefit derived out of contravention and its amount, wherever quantifiable;

(c) repetitive nature or frequency of the contravention;

(d) duration of contravention;

(e) past compliance record of the person proceeded against;

(f) whether the contravention is procedural, technical or substantive;

(g) whether the contravention was promptly rectified;

(h) whether the contravention could lead to any environmental damage, safety risk, public loss or financial loss to the Government;

(i) condonation of delay due to downtime or technical failure of Government portals; or[भाग II—खण् ड 3(i)] भारत का रािपत्र : असाधारण 13

(j) any other relevant factor.

6. Summary disposal. — (1) Notwithstanding anything contained in rule 4, no inquiry shall be initiated or continued against a person in respect of a contravention or failure under section 28 of the Act, if such person makes payment of the minimum amount specified in the Schedule and rectify the contravention of the rules or terms and conditions of the operating right, either before initiation or during any stage of inquiry under rule 4:

Provided that the provisions of this rule shall not be applicable if a person commits contravention of the same

rule or terms and conditions of the operating right for more than three times within a period of five years.

Explanation. — For the purpose of this sub-rule, “minimum amount specified in the Schedule” shall mean, —

(a) in case of contravention of rules or terms and conditions of operating right which specify time period of submission of report or information, aggregate of the amount specified in the Schedule for each week till continuation of such contravention;

(b) in case of other contravention, the minimum amount specified in the range of amount specified in the Schedule.

(2) For the purpose of sub-rule (1), the person who has made a contravention shall file an application to the adjudicating officer in the form of an affidavit specifying the —

(a) details of contravention for which the application is being filed along with notice received regarding the contravention, if any;

(b) details of subsequent rectification of the contravention along with a copy of document in support of the same; and

(c) undertaking to deposit the amount under sub-rule (1).

(3) The adjudicating authority shall within fifteen days of the receipt of the application under sub-rule (2), intimate the applicant to deposit the amount under sub-rule (1).

(4) The applicant shall deposit the amount within fifteen days of the intimation under sub-rule (3) and on verification of deposit of amount, the adjudicating officer shall issue a closure order within seven days and no inquiry shall be initiated or continued against a person in respect of said contravention.

7. Transfer of complaint. — (1) If the adjudicating officer is of the view or it is made to appear that he does not have authority to entertain the complaint, he shall transfer it to the adjudicating officer concerned within fifteen days of the receipt of such complaint made to him, after reasons to be recorded in writing, under intimation to the complainant.

(2) The adjudicating officer to whom such case is transferred shall proceed with the inquiry from the stage it is transferred to him.

8. Appeal. — (1) Any person aggrieved by an order passed by the adjudicating officer, may file an appeal to the appellate authority in Form 4 within 30 days from the date of receipt of the order against which the appeal is filed.

(2) No appeal shall be entertained unless the appellant has deposited with the appellate authority ten per cent. of the amount of penalty imposed by the adjudicating officer.

(3) The appeal shall be accompanied by a copy of order of adjudicating officer and a statement of facts appealed against, the grounds for appeal and the relevant section of the Act.14 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

(4) The appeal may be filed by the appellant in person or by his representative duly authorised in writing, or speed post with registration and proof of delivery or through electronic means.

(5) The appeal sent shall be deemed to have been filed to the appellate authority on the day it is received.

(6) If on scrutiny, the appeal is found to be in order, it shall be admitted and in case the appeal is found to be defective, the appellate authority shall intimate the appellant about the defects and allow him to rectify the defects within fifteen days and if the appellant fails to rectify such defects within the time period, the appellate authority may by order and for reasons to be recorded in writing, decline to register such appeal and communicate such refusal to the appellant within a period of seven days thereof.

(7) On admission of the appeal, the appellate authority shall serve a copy of appeal to respondent along with a notice requiring him to file his reply thereto, within such period, not exceeding thirty days, as may be stipulated by the appellate authority in the said notice.

(8) The notice may be served by hand or by speed post with registration and proof of delivery or through electronic means.

(9) The appellate authority may call for the records relating to the proceedings from the adjudicating officer.

(10) The appellate authority shall, after giving the parties to the appeal an opportunity of being heard, pass a reasoned

order.

(11) The appellate authority shall dispose of the appeal within sixty days from the date of appeal.

(12) In case of reduction or setting aside of the penalty, any excess amount deposited under sub-rule (2) shall be refunded within sixty days of the order of appellate authority.

9. Extension of time. —The adjudicating officer or the appellate authority may, for reasons to be recorded in writing, where there is a reasonable cause for the delay or failure to act or evidence of downtime or technical failure of Government portals, extend any period specified in these rules for filing of complaint, appeal or other related documents till such period as he considers reasonable, subject to maximum ninety days.

10. Order and deposit of penalties. — (1) Every order under these rules, shall be dated, signed and communicated to all the parties.

(2) All sums realised by way of penalties under these rules shall be credited to the Consolidated Fund of India.

11. Online electronic facility. — The Central Government shall carry out the purposes of, and enforce compliance with, these rules through electronic form, including the following, namely: —

(a) issuance of notice and other communications;

(b) submission or filing of complaint, application, reply, appeal and such other document;

(c) conduct of virtual hearing by adjudicating officer and appellate authority;

(d) display of status of the cases before the adjudicating officer and appellate authority;

(e) uploading of orders of adjudicating officer and appellate authority; and

(f) payment of penalty and other amounts.[भाग II—खण् ड 3(i)] भारत का रािपत्र : असाधारण 15 Schedule (See rule 4 (7)) Amount of civil penalty Part-A. Amount of civil penalty in respect of production lease S. Area of Nature of contravention Amount of civil penalty No. production lease

(1) (2) (3) (4)

1. Upto 25 (i) For contraventions of Act, rules (i) ten lakh rupees for each week of standard blocks. or terms and conditions of the contravention, subject to maximum operating right which specify time of thirty lakh rupees.

period of submission of report, data, information or document. (ii) not less than ten lakh rupees

(ii) For other contraventions. which may extend to fifty lakh rupees.

2. more than 25 (i) For contraventions of rules or (i) ten lakh rupees for each week of standard blocks. terms and conditions of the contravention, subject to maximum operating right which specify time of fifty lakh rupees.

period of submission of report, data, information or document (ii) not less than twenty lakh

(ii) For other contraventions rupees which may extend to one crore rupees.

Part-B. Amount of civil penalty in respect of operating right other than production lease S. No. Area of Nature of contravention Amount of civil penalty operating right

(1) (2) (3) (4)

1. Upto 25 standard (i) For contraventions of rules or terms (i) ten lakh rupees for each week of blocks. and conditions of the operating right contravention, subject to maximum of which specify time period of submission thirty lakh rupees.

of report, data, information or document.

(ii) For other contraventions. (ii) not less than ten lakh rupees which may extend to fifty lakh rupees.

2. more than 25 (i) For contraventions of rules or terms (i) ten lakh rupees for each week of standard blocks. and conditions of the operating right contravention, subject to maximum of which specify time period of submission fifty lakh rupees.

of report, data, information or document.

(ii) For other contraventions. (ii) not less than twenty lakh rupees which may extend to one crore rupees.16 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] Part-C. Amount of civil penalty in respect contravention of rules by the persons not holding an operating right Sl. No. Nature of contravention Amount of civil penalty

(1) (2) (3)

1. (i) For contraventions of rules which specify time (i) ten lakh rupees for each week of contravention, period of submission of report or information subject to maximum of fifty lakh rupees.

(ii) For other contraventions (ii) not less than twenty lakh rupees which may extend to one crore rupees.

Form 1 (See rule 3) To, The Adjudicating Officer …………………………..

1. Particular of complainant: -

(a) Name:

(b) Address for service:

(c) Contact No.

(d) Email (for service):

2. Particulars of complaint: -

(a) Date, time and instance of commission of alleged contravention:

(b) Statement of contravention setting out all relevant material particulars:

(c) Evidence in support of the statement:

(d) Tentative amount of damage (in pecuniary terms) with cost break-up.

I/We………… the complainant …………..herein declare that the facts stated herein are correct to the best of my/our knowledge.

3. Name and signature of the complainant:

Note- Strike out whichever is not applicable.[भाग II—खण् ड 3(i)] भारत का रािपत्र : असाधारण 17 Form 2 [See rule 4 (1)] To ……………………… ……………………… ……………………… Show cause notice

Subject: – Contravention of the Offshore Areas Mineral (Development and Regulation) Act, 2002.

Sir/Madam, As per intimation …….. dated (copy enclosed), a contravention has been committed under ………………section of the Offshore Areas Mineral (Development and Regulation) Act, 2002 at ……………………..

2. The above contravention is liable for penalty. Therefore, you are required to show cause within a period of ……………. days of service of this notice, why an inquiry should not be initiated against you under section 28 of the Offshore Areas Mineral (Development and Regulation) Act, 2002 for imposition of penalty. In case, no reply is received within the given period, further action shall be taken under the said Act.

Adjudicating officer Date and place ………………….18 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] Form 3 [See rule 4 (3)] To ……………………… ……………………… ……………………… Notice for appearance

Subject:– Contravention under section 28 of the Offshore Areas Mineral (Development and Regulation) Act,

2002.

Sir/Madam, Show cause notice number …. dated …. may be referred to.

2. After preliminary examination, I am of the opinion that enquiry should be held against you for the contravention specified in the said show cause notice. Therefore, you are required to appear before the undersigned personally or through representative on dated……, for inquiry initiated against you under section 28 of the Offshore Areas Mineral (Development and Regulation) Act, 2002.

3. In case of failure to appear on the given date, inquiry will be conducted in your absence.

Adjudicating officer Date and place ………………….[भाग II—खण् ड 3(i)] भारत का रािपत्र : असाधारण 19 Form 4 Appeal [See rule 8 (1)] To Appellate Authority, …………………………………….. ……………………………………….

1. Particulars of appellant:

(i) Name:

(ii) Address for correspondence:

(iii) Contact Number:

(iv) Email:

2. Grounds of appeal: (A copy of order of adjudicating officer to be enclosed)

3. Date of order of the adjudicating officer:

4. Statement of facts:

I/We………, the appellant hereby declare that the facts stated herein above are correct to the best of my/our knowledge, information and belief.

5. Signature of appellant and date:

6. Name of appellant: [F. No. M.VI-16/51/2026-Mines VI (Part-4)] KULVEER SINGH YADAV, 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.R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19 Licensed to post without prepayment WPP No. 297 1710 , ಗುರು(cid:174)ಾರ, 08, , 2026 ¨sÁUÀ 4 ಕ(cid:3482)(cid:4305)ಟಕ (cid:3587)ಜ(cid:3186) (cid:3497)ಲರ ಆ(cid:3459)(cid:3662)(cid:3485)(cid:3692)ರ ಮ(cid:3425)(cid:3176) ಅವರ (cid:3713)ಸ(cid:3588)ನ(cid:3618)(cid:3189) ((cid:3200)(cid:3695)ಮ ಆ(cid:3601).(cid:3648).) ಸ(cid:3707)ಯಕ (cid:3497)(cid:3187) (cid:3591)ಪ(cid:3197)ರ ಮ(cid:3425)(cid:3176) ಪದ(cid:3483)(cid:3558)ತ(cid:3176) ಸ(cid:3197)(cid:4305)ರದ ಅ(cid:3468)ೕನ (cid:3197)ಯ(cid:4305)ದ(cid:3663)(cid:4305) (cid:3704)ಸ(cid:3453)ೕಯ ವ(cid:3186) ವ(cid:3707)ರಗ(cid:3635) ಮ(cid:3425)(cid:3176) (cid:3662)ಸನ ರಚ(cid:3488) ಇ(cid:3617)(cid:3218) PR-63 :- , , , - .