Amendment status not verified — confirm the current text below against the official source.
Grant of permission by appropriate authority- (1) The appropriate authority shall examine the application with respect to the following parameters, namely; (a) the extent of land required for the over ground telegraph infrastructure; (b) the location proposed; (c) the approval issued by the duly authorized officer of the Central Government for location of the above ground contrivances proposed to be used for transmission of Radio waves or Hertzian waves; (d) the mode of and time duration for execution of the work; (e) the estimate of expenses that the appropriate authority shall necessarily be put in consequence of the work proposed to be undertaken; (f) assessment of the inconvenience that the public is likely to be put to in consequence of the establishment or maintenance of the overground telegraph infrastructure, and the measures to mitigate such inconvenience indicated by the licensee; (g) Certification of the technical design by a structural engineer attesting to the structural safety of the overground telegraph infrastructure; (h) Certification, by a structural engineer, of the structural safety of the building on which the post or other above ground contrivances is proposed to be established; (i) any other matter, consistent with the provision of the Act and these rules, connected with or related to the laying of overground telegraph infrastructure, through a general or special order or guidelines by the Central Government, appropriate State Government or the appropriate local authority; (2) Where the establishment of the overground telegraph infrastructure renders the immoveable property, vested in the control or management of any appropriate authority over which such overground telegraph infrastructure is established, unlikely to be used for anyother purpose, the appropriate authority shall be entitled to compensation for the value of the immoveable property, either once or annually assesses on such rates that appropriate authority may, by general order, specify. (3) The appropriate authority shall, within a period not exceeding sixty days from the date of application made under rule 9- (a) grant permission on such conditions including, but not limited to, the time, mode of execution, measures to mitigate public inconvenience or enhance public safety or structural safety and payment of restoration charge or compensation, subject to the provisions of the Act and these rules; or (b) reject the application for reason to be recorded in writing; Provided that no application shall be rejected unless the applicant licensee has been given an opportunity of being heard on the reasons for such rejection; Provided further that the permission shall be deemed to have been granted if the appropriate authority fails to either grant permission under clause (a) or reject the application under clause (b) and the same shall be communicated in writing to the applicant not later than five working days after permission is deemed to have been granted. (4) The appropriate authority shall not charge any fee other than those mentioned under sub-rule (3) of rule 9 and clause (a) of sub-rule (3) from the licensee for establishing overground telegraph infrastructure.