On August 28, the Central Government released the draft Temporary Suspension of Telecommunication Services Rules, 2024, which fall under the Telecommunication Act, 2023.
These new rules will replace the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, and the Temporary Suspension of Telecom Services (Amendment) Rules, 2020, previously established under the Indian Telegraph Act, 1885.
Objections or suggestions regarding the draft rules may be submitted to the Joint Secretary (Telecom), Department of Telecommunications, Ministry of Communications, Government of India, Sanchar Bhawan, 20, Ashoka Road, New Delhi – 110001.
According to the draft rules, directions to suspend telecommunication services under Section 20(b) of the Telecommunication Act, 2023, must be issued in writing by the competent authority—either the Union Home Secretary for the Central Government or the Secretary to the State Government in charge of the Home Department for State Governments.
In cases where issuing a suspension order by the competent authority is not feasible due to ‘unavoidable circumstances,’ the order may be issued by an officer not below the rank of a Joint Secretary to the Central Government. However, such an order must be confirmed by the competent authority within 24 hours of issuance; otherwise, it will automatically expire.
Details of the Suspension Order
Each suspension order must clearly specify the reasons for its issuance and be limited to: (1) addressing the specific reasons for the suspension; (2) defining the geographical area(s) affected; and (3) setting a duration not exceeding 15 calendar days.
Review Committee
A copy of the suspension order must be sent to the relevant review committee within 24 hours of its issuance. The review committee will consist of:
- Cabinet Secretary – Chairman;
- Secretary to the Central Government In-charge, Legal Affairs;
- Secretary to the Central Government, Department of Telecommunications.
The review committee will convene within 5 calendar days of the suspension order’s issuance to assess whether the order complies with Section 20(2)(b) of the 2023 Act. If the committee finds that the suspension order does not comply with Section 20(2)(b), it has the authority to overturn the order.
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