Centre Publishes Draft Rules On Temporary Suspension Of Telecommunication Services
The Central Government on August 28 published the draft Temporary Suspension of Telecommunication Services Rules, 2024 under the Telecommunication Act, 2023.
These rules shall be in supersession of the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 and Temporary Suspension of Telecom Services (Amendment) Rules, 2020 under the Indian Telegraph Act, 1885.
Objections or suggestions, if any, may be addressed to the Joint Secretary (Telecom), Department of Telecommunications, Ministry of Communications, Government of India, Sanchar Bhawan, 20, Ashoka Road, New Delhi - 110001.
As per the Draft Rules, the directions to suspend telecommunication under Section 20(b) of 2023 shall be issued by a suspension order in writing by the component authority (Union Home Secretary in the Ministry of Home Affairs in the case of the Central Government, or the Secretary to the State Government in-charge of the Home Department in the case of a State Government).
However, where due to 'unavoidable circumstances', it is not feasible for a suspension order to be issued by the competent authority, such suspension order may be issued by an officer not below the rank of a Joint Secretary to the Central Government.
If the suspension order is issued by an officer, it shall be subject to its confirmation by the competent authority, within 24 hours of issuance of such order, failing which the suspension order shall cease to exist.
Ingredients of suspension order
Any suspension order shall clearly state the reasons for such order(1); and be limited to(2): (i) addressing the specific reasons for such order; (ii) clearly defined geographical area/s; and (iii) a specified duration, not exceeding 15 calendar days.
Review Committee
A copy of the suspension order issued shall be forwarded to the concerned review committee within 24 hours from the issuance of such order.
The review committee shall consist of:
1. Cabinet Secretary -Chairman;
2. Secretary to the Central Government In-charge, Legal Affairs;
3. Secretary to the Central Government, Department of Telecommunications.
The concerned review committee shall meet within 5 calendar days of issuance of any suspension order, and record its findings as regards whether the suspension order is in adherence with Section 20(2)(b) of the 2023 Act.
Where the review committee is of the opinion that the suspension order is not in adherence with Section 20(2)(b), it may set aside such an order.