Panchayat:Repo18/Law Manual Page0821

126. Damage and liability- The applicant/owner shall be responsible for the structural stability of the telecommunication tower and the building in which it is erected and for any damage caused due to inadequate safety measures.

127. Building to be authorised.— Erection of any telecommunication tower or pole structure or accessory rooms shall be permitted only over authorised buildings.

128. Clearance from Defence Establishment etc.- In case the erection of telecommunication tower is proposed within 200 metres from any property maintained by Defence Establishment or 100 metres from any Railway boundary, clearance from the officer in charge or authority concerned, as the case may be, shall also be obtained before issuing permit.

129. Site approval etc.- (1) No site approval shall be necessary for the construction of telecommunication towers, telecommunication pole structures or accessory rooms essential for such services

(2) Telecommunication towers or pole structures or accessory rooms shall be permitted over any building irrespective of its occupancy.

130. Submission of application and its disposal.-(1) Application for permit shall be submitted to the Secretary in the form in Appendix A along with two copies of the site plan, location plan, elevation, section, structural stability certificate, copy of the agreement executed with department of Telecommunication or license or permit issued by an authority approved by Government of India from time to time and document to prove ownership.

Note.—(1) Ownership document may be a sale deed or mortgage deed or deed of agreement or license or consent document, etc.

(2) No structural stability certificate shall be necessary in the case of telecommunication pole structures and accessory rooms. In case the telecommunication tower is proposed above any building, structural stability certificate shall be submitted in respect of that building also

(2) The site plan shall show plot dimensions, access street width, details of existing structures within the plot with their uses, height, number of floors, set back from the plot boundaries and between them; proposed tower and ancillary structures.

(3) The structural stability certificate shall be one issued by an engineer registered under these rules; having Post-Graduate Degree in Structural Engineering or Head of the Department concerned of any government or quasi government institutions offering post graduate degree in Structural Engineering.

(4) Application fee shall be ®[Rupees one thousand and permit fee shall be as follows]: (a) for towers of any height, rupees ten thousand;

(b) for pole structure (one unit with any number of poles) rupees two thousand and five hundred;

(c) no separate application fee shall be necessary for the accessory rooms essential for the use of telecommunication tower or pole structures but permit fee shall be remitted corresponding to their area as in the case of a pucca building.

(5) The Secretary shall, if convinced of the boundaries and ownership of the plot, plans and drawings and genuineness of the certificates, issue permit, not later than 30 days from the date of receipt of the application.

(6) The permit issued under sub-rule (5) shall be a work permit and the construction or erection of telecommunication tower or telecommunication pole structures or accessory rooms essential for the use of such tower or pole structure shall be completed within one year from the date of issue of the permit.