The Delhi Geo-Spatial Data Infrastructure (Management, Control, Administration, Security and Safety) Act 2011

(TO BE PUBLISHED IN PART-IV OF THE DELID GAZETTE-EXTRAORDINARY)

GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELID (DEPARTMENT OF LAW, JUSTICE & LEGISLATIVE AFFAIRS) • 8TH LEVEL, C-WING, DELID SECRETARIAT, NEW DELHI

No.F.14(2)/LA-ZOII/Jd~\lI/lu

Dated ~e April, 2011

NOTIFICATION

No.F.14(Z)/LA-2011/,kio.\<'II~ .- Thefollowing Act ofthe LegislativeAssembly ofthe National Capital Territory ofDethi receivedthe assent ofthe Lt. Governor ofDelhi on the 6th April, ZOII and is hereby published for general information:-

"THE DELID GEO-SPATIALDATA INFRASTRUCTURE (MANAGEMENT CONTROL, ADMINiSTRATION, SECURITY AND SAFETY) ACT, 2011

(DELHI ACT 06 OF 20ll)

(As passed by the Legislative Assembly ofthe National Capital Territory of Delhi on the 23"

March, 2011)

/

[6th April, 2011]

.' I

An Act to create, ~pdate,.:manage. disseminate, and share. for Delhi a geo-spatial data,

geo-spatial nllip, geo-spatial system, geo-spatial application, geo-spatial portal of the land

revenue records; public utilities including roads, water. sewerage. electricity,

telecommunication/internet services and other services of utility; property details, property ownership and the like. by entrusting the responsibility to Geo Spatial Dethi Limited,4J. body registered under the Companies Act, 1956 (I' of 1956) inaking it mandatory for the departrnents•.corp~rations, boards of the.Government ~f 'NeT of Delhi; local bodies; public authorities; public or private agencies, etc to use and update the Delhi Geo-spatial data; by establishing a regulatory authority and an appellate authority for proper co-ordinated planning and development ofDelhi, and for matters connected therewith or incidental thereto.

WHEREAS the iYlinistrj' of' Space and Technology, Department of Science and

Technology (National Disaster Management Services Division), Government, of India has

framed the National policy for Shanngand Accessibility of the data vide communication dated

14-07-2010 and has mandated that the data as created by the various departments and

authorities ofthe Govenunent at the cost ofpublic excbequer must be shared and utilized in the beneficial interest ofthe public;

•

AND WHEREAS the Government ofNational Capital Territory ofDelhi has created an

integrated geo. spatial information system for easy,accessibility of all relevant information

including land revenue records, land use, property details, utility services, infrastructure, etc.

for the National Capital Territory of Delhi, with the' expert guidance of the &urvey of India,

Department of Science and Technology, Goverrunent of India, in pursuance of the Cabinet

Decision no. 1302 dated 13-11,2007 ofthe Government ofNational Capital Territory ofDelhi;

.AND WHEREAS the Delhi Geo-Spatial Data and its 1nfonnation can be applied and

utilized for better planning and 'management as part of good governance by the departments,

corporations, boards of the Government of National Capital Territory of Delhi; local bodies;

public authorities; public and private agencies rendering services ofpublic utilities in Delhi;

,

BE it enacted by theLegislative Assembly ofthe National Capital Territory ofDelhi in the Sixty -'second Year'ofthe Republic oflndiaas'follows:-

'CHAPTER-I

PRELIMINARY

(1) This Act may be called the Delhi Geo-Spatial Data Infrastructure (Management, Control, Administration, Security and Safety) Act, 2011. (2) It extends to the whole of the National Capital Territory of Delhi. (3) It shall come into force on such date as the Government may, by notification, appoint.

In this Act, unless the context otherwise requires,— (a) "Appellate Authority" means the authority appointed in accordance with section 19 of this Act; (c) "company" means the Geo-Spatial Delhi Limited, a wholly owned company of the Government, registered under the Companies Act, 1956 (1 of 1956); (d) "Delhi" means the National Capital Territory of Delhi; (e) "development activity" includes construction activity, excavation activity and the like carried out either by any line department, local body, public authority, public and private agency for the purpose of rendering any public utility services like laying of cables, water pipe lines, sewerage lines, gas pipelines, etc; (g) "geo-spatial applications" include the applications developed to use the geo-spatial data to cater to specific governance needs of the Government; (h) "geo-spatial data" includes 3-dimensional Geo-spatial information system including land information system of Delhi comprising land revenue record data, land ownership, etc. along with urban information system comprising property details, property ownership, electronic transaction forms to be made available by any line department, local body, public authority, public and private agency; (i) "geo-spatial map" includes the 2-dimensional or 3-dimensional map of Delhi generated with the help of aerial photography, photogrammetry, created with 2-dimensional or 3-dimensional topology and texturing including ortho-photo vectorization, valuation, digital electronic model so as to provide 2-dimensional or 3-dimensional visualization of the projected area; (j) "geo-spatial system" includes all the hardware, software, spatial technology equipments for the control centres and monitoring centres with appropriate linking mechanism to the line department, local body, public authority, public and private agency; (k) "Government" means the Lieutenant Governor of the National Capital Territory of Delhi appointed by the President under article 239 and designated as such under article 239 AA of the Constitution; (l) "geo-portal" means the Delhi geo-spatial map server or software application for access of geospatial data and applications residing on an identified system of a control centre or a monitoring centre; (n) "monitoring centre" means the monitoring centre established in Delhi for monitoring live archives, buildings, real estate and other assets, for change detection in achieving and creating a local archive of the data collected through internet protocol camera installed or through any other mode; (o) "notification" means a notification published in the official Gazette; (p) "public and private agency" includes public or private electricity distribution companies, public or private telecommunication services, internet services providers and the like rendering services of public utility in Delhi; (q) "public authority" means any authority or body or Institution of local governance established or constituted (i) by or under the Constitution; (ii) by any other law made by Parliament; (iii) by any other law made by the Legislature of a State or Union territory; (iv) by notification issued or order made by the Government; and includes (a) a body owned, controlled or substantially financed by the Government; (b) a non-government organization substantially financed directly or indirectly by funds provided by the Government; and (c) an organization or body corporate in its capacity as an instrumentality of State as defined under article 12 of the Constitution of India, rendering services of public utility; (r) "regulation" means a regulation made by the Regulatory Authority under this Act, by notification; (s) "Regulatory Authority" means the Delhi Spatial Data Regulatory Authority constituted under section 12 of this Act; (t) "rule" means a rule made by the Government under this Act, by notification; (u) "Schedule" means the Schedule appended to this Act; (v) "utility mapping" includes the mapping and creation of a geo-spatial data base of on the ground, underground or over ground utilities, such as water pipelines, sewerage lines, cables, mapped using ground penetrating radar and ground survey and other form of data applications, surveillance system and other allied information.

Every line department, local body, public authority, public and private agency rendering services of public utility in Delhi shall— (a) link their respective attribute data to the geo-spatial data and geo-spatial map created, maintained and managed in accordance with the provisions of this Act; (b) utilise the geo-spatial data and geo-spatial map for proper co-ordinated planning, management and delivery of the various services rendered as a part of their administrative and statutory functions; (c) ensure that various geo-spatial data attributes pertaining to them are uploaded in the geo-spatial data base; (d) update their respective attribute data continuously on real time basis for updation of geo spatial data and geo-spatial map created, maintained and managed in accordance with the provisions of this Act; and (e) ensure safety and security of geo-spatial data.

The company shall maintain geo-spatial data, geo-spatial map, geo-spatial system, develop geo-portal and applications for the Government and shall- (a) make the appropriate use of the data of the line departments, local bodies, public authorities, public or private agencies, individuals, etc. as authorised by the Government for the benefit of citizens of Delhi: (b) own and maintain the hardware and software produced and used in the Delhi Spatial Data Infrastructure project; (c) update the geo-spatial data on the basis of change requests of the line departments, local bodies, public and private agencies rendering services of public utility; (d) provide value added services and consultancy to the Government and the Government of India for better co-ordinated planning, utilization and maintenance of the resources; (e) regulate the revenue model governing charges, fees, costs and the like to be levied upon the line departments, local bodies, public authorities, public and private agencies and citizens of India for usage and access of the geo-spatial data, geo-spatial map, geo-spatial applications and the like.

(1) Every line department, local body, public authority, public and private agency shall have access to the geo-spatial data, geo-spatial map and geo-spatial application through access control to access, utilize, update their spatial as well as attribute data. (2) Every line department, local body, public authority, public and private agency may, subject to payment of charge, fee, cost, download both spatial and attribute data in various forms, such as portable document format and the like for their internal use and application. (3) The Government shall allow controlled access of the geo-spatial data, geo-spatial map and geo-spatial application to the public in general, private individual, public and private agencies subject to the policies, guidelines, rules, regulations, etc. of the Government of India, made from time to time regarding display of information in public domain, to private individual, public and private agencies, and the like. Provided that the Government shall be authorized to classify the geo-spatial data, geo-spatial map, geo-spatial application, into the categories of restricted and unrestricted and allow access to the data classified as unrestricted in accordance with the rules made under this Act, to the public in general, private individual, public and private agencies and the like: Provided further that the Government shall abide by the rules made under this Act.

(1) The Government shall, with the consultation of the company, formulate the various geo-spatial applications to use the geo-spatial data and geo-spatial map in accordance with the scheme of this Act and the rules and regulations framed thereunder. Provided that all such schemes shall be put by the company before its Board of Directors for approval and shall be effective once these are approved by the Board. (2) The line department, local body, public authority or public and private agency authorised under this Act to use or access geo-spatial data and the like shall be responsible for providing and continuously updating, all relevant information of the proposed development work in Delhi. Any contractor authorized by any line department, local body, public authority or public and private agency shall apply to the company online and shall obtain a unique identification number before starting any project of development with the progress of the work of development identifiable by the unique identification number so generated and obtained online in accordance with rules made under this Act. (3) The unique identification number in terms of sub-section (2) shall be generated online and all such request applications seeking unique identification number shall be decided within fifteen days of receipt thereof by the company: Provided that the company shall be authorized to charge such application fee as per the rates so finalized and fixed by the Board of Directors of the company payable by the contractors, persons or authority intending to start any development work in Delhi. The company shall be authorized in the like manner to revise such rates from time to time. All such rates of application fee or revised application fee shall be duly notified by a notification. (4) It shall be the duty of all the line departments, local bodies, public authorities and public and private agencies, having right to access to the geo-spatial data and the like under this Act to certify in writing every quarter of the year to the Regulatory Authority that all geo-spatial data and attribute data generated as a result of developmental activities has been updated to that effect.

With effect from such date as the Government may notify in this behalf, there shall be established for the purpose of this Act, an authority to be known as "Delhi Spatial Data Regulatory Authority" (hereinafter referred to as the "Regulatory Authority").

The Government shall constitute the Regulatory Authority having following members, namely: (a) Chief Secretary of the Government, ex-officio Chairperson; (b) [Vacancy] (c) Secretary, Department of Finance of the Government, member; (d) Secretary, Department of Urban Development of the Government, member; (e) [Vacancy] (f) Secretary, Department of Information Technology of the Government, member-secretary.

The Regulatory Authority may, as and when required, appoint such officers, consultants, experts and advisors of the respective fields, including administration, information technology, legal, finance and the like, to assist it to fulfil the obligations of this Act conferred upon the Regulatory Authority.

Subject to the provisions of this Act, the Regulatory Authority shall have the responsibilities for laying down policies, plans and guidelines in respect of the following matters, namely: (a) monitoring the geo-spatial systems as created by the Government; (b) terms and conditions, including service charges, fees and cost governing sharing and accessing the geo-spatial data, geo-spatial map, geo-spatial system, geo-spatial application, geo-spatial portal by the line departments, local bodies, public authorities, public and private agencies rendering services of public utility; (c) efficient monitoring of the various application and utility of the data infrastructure; (d) lay down safety code pertaining to geo-spatial system; (e) fix liability and accountability in case of breach of safety code by line departments, local bodies, public authorities, public and private agencies rendering services of public utility in Delhi and the public or its respective responsible officers; (f) enforcement and implementation of policy and plan for development of geo-spatial system and its further application and utilization; (g) act as adjudicating authority in case of any dispute governing sharing, accessing, application and updation of the data infrastructure between or among the various line departments, local bodies, public authorities, public and private agencies rendering services of public utility in Delhi; (h) act as a disciplinary body in case of violation of any of the provisions of this Act, rules and/or regulations made thereunder on the part of any line department, local body, public authority, public and private agency rendering services of public utility in Delhi and its officers and impose penalties in accordance with the regulations framed under this Act: Provided that all such decisions shall be taken by the Regulatory Authority by majority.

(1) Before passing any adverse order, the Regulatory Authority shall issue a show cause notice, seeking explanation within a period not less than fifteen days.

Any person, authority, department or officer aggrieved by any order passed by the Regulatory Authority under this Act shall be entitled to file an appeal to the Appellate Authority constituted for this purpose under this Act, within a period not exceeding thirty days from the date of the receipt of the impugned order, The order of the Appellate Authority shall be final: Provided that the Appellate Authority may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period.

(1) The Government shall constitute an Appellate Authority having power to hear and decide appeals against the order passed by the Regulatory Authority under this Act. (2) The terms and conditions, salaries and allowances payable to the Appellate Authority shall be such as may be prescribed by the Government.

(1) The Appellate Authority shall consist of one Chairman, one administrative and one technical member for the purposes of this Act. The Chairman of the Appellate Authority shall be drawn from the pool of retired officers having served not below the rank of Secretary to the Government of India. (2) The administrative member shall be a person of eminence in public life having wide knowledge and experience of not less than twenty five years in the field, namely, public policy, public affairs, social services, law, management, administration or governance. (3) The technical member to be appointed shall be an expert in the field of information technology and the like, having related qualification and experience in his field of not less than twenty five years: Provided that no member of an Appellate Authority shall be a Member of Parliament or Legislature of any State or Union territory nor shall hold any office connected with any political party.

(1) While hearing appeal, the Appellate Authority shall be guided by the principles of natural justice and shall grant opportunity of hearing to the parties concerned. (2) The Appellate Authority shall have the power to call for and summon the records of the case decided by the Regulatory Authority and shall be competent to reverse, modify or set aside the order passed by the Regulatory Authority. The Appellate Authority shall also be empowered after setting aside the order of the Regulatory Authority, to remand the case back to it with direction to pass a fresh order. (3) The Appellate Authority shall not be bound by the Code of Civil Procedure, 1908 (5 of 1908) or the Evidence Act, 1872 (1 of 1872) and may prescribe its own procedure of hearing the appeal.

The Chairperson and members of the Appellate Authority shall be paid such remuneration and allowances as prescribed by the Government in accordance with the rules made under this Act.

The Government may from time to time, issue to the Regulatory Authority such directions as, in its opinion, may be necessary or expedient for carrying out the purposes of this Act and it shall be the duty of the Regulatory Authority to comply with such directions.

No suit, prosecution or other legal proceedings shall lie against the Government, Regulatory Authority and Appellate Authority or any member or officer or employee thereof in respect of anything which is in good faith done or intended to be done in pursuance or this Act, the rules and regulations made thereunder.

(1) The Government may, by notification make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) terms pertaining to framing of revenue model governing charges, fees, costs and the like to be levied upon the line departments, local bodies, public authorities, public and private authorities and citizens of India; (b) the conditions to be inserted in the service level agreements or other agreements with the line departments, local bodies, public authorities, public and private authorities; (c) application and procedure governing generation of unique identification number and notification of schedule of fees fixed and revised from time to time, payable by the contractor; (d) the method and procedure for classification of data into restricted and un-restricted; (e) terms of appointment of Regulatory Authority and Appellate Authority, their respective salaries, remuneration, allowances etc. as applicable there to; (f) any other matter which is required to be, or may be prescribed.

(1) The Regulatory Authority may, with the approval of the Government, make regulations not inconsistent with the provisions of this Act, to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:- (a) fixing terms, qualifications and experience for the appointment of supporting staff, officers, consultants, experts, advisors; (b) procedure governing adjudication of dispute between and among the line departments, local bodies, public authorities, private and public agencies; (c) the procedure governing enquiry and imposition of penalty as a disciplinary authority; (d) the manner and the forms of giving notice under the Act; (e) any other matter which is required to be, or may be prescribed. (3) The maximum penalty, however, that may be imposed by the Regulatory Authority shall not exceed Rs. 10,000 per default.

Every rule made under this Act by the Government and every regulation made by the Regulatory Authority thereunder shall be laid, as soon as may be after it is made, before the Legislative Assembly of Delhi while it is in session, for a total period of thirty days which may be comprised in one session, or in two or more successive sessions, and if before the expiry of session immediately following the session of the successive sessions aforesaid, the Legislative Assembly agrees in making any modification in the rule or regulation, or the Assembly agrees that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date on which this Act comes into force. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the Legislative Assembly.

, !S.No. Lin',:; Departments/Lo'cal Bodies/Public Authorities/Public or I Private Agencies rendering services of 'public utility 1. Dei;-li Fire Services 2. De::artrnent of Excise, Entertainment ahd Luxury Tax [ 3. Ds:-.artment of Environment, Forests and Wildlife ~ 4. DecartmentofHealthandFamilyWelfare - 5. DeGartment ofTrade andTaxes 6. D.irectQrate of Census_Ooeration' Delhi '. . 7. O"irectorate of.Education . 8. lrriqation and Flood Control Deoartment I 9. Of'oe of the ChiefElectoral Officer, Delhi· I 10. OfficeoftKe LabourOommissioner 11. Office of the i"teQistrar COpoperatlve Societies 12. PU;"llic Works D"cmartment 13. ·Re:.Jenue Deoartment 14. De'hiDisaster Manaaement Authority , 15. Delhi Pollution Control Committee 16. Delhi State Industrial & Infrastructure Dev. Corporation Limited 17. Delhi Taurism and Transportation Development Coreorati~n Limited 18. De\hiTransco Limited - ,. 19. Delhi TransoQrt Corporation < , 20. De:.tli Develooment Authoritv 21. De'hi Jal Bdard . . . ~. 22. M:':nrtioal Corooration of Deihi 23. NEWDelhi MunicioalCouncil "" .: 24. Delhi'lntearated Multi.Modal Transit Svstem Limited , 25. Delhi Metro Rail Comoration Limited 26. Indraoarastha Gas Limited 27. Mahanaqar Telephone Niaam Limited 28. North Delhi Power Limited . " , ·29. Ye.muna and Rajdhani BSES Power Limited . .. "--.",.~.. -.c-.,.,':..>"'i" 'w-'" 'I }-'.I.'~- \J'A \. .s." ."'-..fi _~ \j ~_-r t ~.d-~ \,'-f 1~ . (farwi SllIlrawat) Add!. Secretary (Law, Justice & L.A.)