Prompt Action

YOU Can Get Prompt Action         

Many Citizens find that when they make applications for certain services or for some corrections or make a complaint or representation to Government bodies they get no response. Now there is a very powerful law in Maharashtra which can empower us.  If citizens use it with RTI it can result in better governance and delivery of timely services. Its name is a mouthful: ‘Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act (Act 21 of 2006)’. The first part –Chapter 2- specifies that government servants must have a tenure of three years and should normally be transferred only in April or May. If this is violated reasons must be given. Citizens can use this to curb arbitrary transfers of good officers like Khemka or Pardeshi.

The second part, Rule 10 effectively says that no decision on any file can take more than 45 days if a matter has to be decided within the department, and no more than 90 days where other departments have to be consulted.  Rule 10 (3) [ 64C for BMC] alongwith the rules requires the competent authority to do a preliminary investigation within 15 working days and take disciplinary action if negligence is established.  

In short if an application/complaint/representation has received no response for over 90 days, if the citizen brings it to the notice of the competent authority (Secretary of the department), the Secretary is obliged to take steps to fix responsibility for dereliction of duty.

If you have received no response to your application/complaint/representation in Maharashtra please send a letter on the following lines to the Secretary of the department:

    “ I had given my application for……….. on ………….. Since then I have received no communication. I would like to draw your attention to Section 10 of the Transfers and Delays Act 21 of 2006/ ( 64C of the Mumbai Municipal Corporation Act) which mandates that no decision can be kept pending for over 3 months. In the instant case, no decision has been communicated to me despite the lapse of…… months. I request to conduct a preliminary enquiry to fix responsibility on the officers responsible for this delay and take appropriate disciplinary action against them. I request that the report of the enquiry may please be sent to me.

     I look forward to your early action in the above matter,”

Stay reqd.on state policy

CITIZEN GROUPS OF MUMBAI

C/O PrakashMunshi, Raj Niketan, B G KherMarg, Mumbai 400006 

Tel 23685256   email: prmunshi@gmail.com

 

Urban Development Department                                            April 5 , 2014

Government of Maharashtra

Mantralaya, 4th Floor

Mumbai 400032

Dear Sir,

Attention: Mr.Manu K Srivastava , Principal Secretary

MOBILE TOWER ANTENNAE – INSTALLATION POLICY

OUR MEETING MARCH 27, 2014

We thank you for your time to discuss the concerns of Citizen Groups of Mumbai

on the Maharashtra State Government’s Mobile Tower Policy .

We appreciate the action now proposed to be taken by you on our correspondence ending with March 25, 2014. We suggest a Stay on the implementation of the announced Policy till all concerns of Citizens  are  attended :

 

1.      DEFINITIONS

You will incorporate our suggestion to add the definitions of “ Mobile Tower “ and                “ Mobile Tower Antennae “  after discussing with Department of Telecommunications , Ministry of Communications & Information Technology, New Delhi.

 (Gazette Copy March 4, 2014 Schedule “ A “ Clauses - 2 ( c ) and 2 ( d ) to be added)

 2.      DEEMED APPROVAL

You have clarified that The Maharashtra Regional and Town Planning Act , 1966

( as modified upto July 31, 2011 ) sections 44 and 45 clearly mentions that the “Deemed Approval”of the Permission requested , if replies not received within 60 days has to be strictly in conformity with the requirements of all the relevant Development Control Regulations framed under this Act or Bye Laws….. and therefore there is no escape route available to the Applicant Operator or Infrastructure Provider.

( Copy of relevant sections of the Act were handed over to me. Enclosure 1 )

( Gazette Copy March 4, 2014 Schedule “A “  Clause 3 clarified )

3.      MANDATORY CONSENT FROM 70%

OF TENANTS / OCCUPANTS / INDIVIDUAL MEMBERS

We have explained you the loophole in the Clause mentioned in the Gazette of March 4, 2014 due to the unnecessary addition of the word “ OR “ in  Schedule “ A “              Clause 4 (B) (c) and requested you to please replace the Clause 4 ( B ) ( c ) with :

Notarised consent of the Owner of premises, which shall mean and include consent of the Landlord / Co-operative Society / Condominium shall submit on their Letter Head signed by Landlord / All Office Bearers that they have obtained Written Consent individually from 70% of the Tenants / Occupants/individual members of the Building / Apartments / Condominium / Co-operative Housing Societies, or No Objection Certificate of the lessor in case of a lease hold property before installing of Antennae or renewing of the Contract / Agreement.

This consent should be submitted to the Local body within three months of the announcement of the Revised Policy and every year thereafter.

The office bearers shall be solely responsible for the documents so submitted as above.

4.      REDUCED RADIATION LEVELS WITH LIMITATION OF ONLY

ONE MOBILE TOWER  PER SITE

We have reiterated that Citizens are interested in only REDUCING HEALTH HAZARDS DUE EMF RADIATION FROM MOBILE TOWERS / ANTENNAE  and not in REMOVING MOBILE TOWERS OR CAUSING HARM to the Cellular Industry.

In view of the jurisdiction of fixing of EMF Radiation Norms not being with State but with DoT , the only way the State can reduce the Radiation levels is by restricting the Number of Mobile Towers / Antennae per site .

We have brought to your notice that the Radiation levels can be reduced only by Reducing Power Output from Antennae or Increasing the Distances of the Antennae from neighbouring Buildings which is impossible in a dense city like Mumbai , Pune or Nagpur.

  

Considering these limitations we suggest you add the following Clause under 4 ( B )

after discussing with Department of Telecommunications , Ministry of Communications & Information Technology, New Delhi.

There will be only one Mobile Tower allowed with a maximum of Six Mobile Tower Antennae per Site and a maximum of only  2 Antennae in any one direction, at an angle of 120 degrees  from the other Antennae ( C.S.number to be specified ).  The distance and number of Antennae condition will be mandatory to be followed irrespective of the existing radiation levels measured .

(Explanation – If there are 6 antennae at a distance of 10 meters with a radiation

level of 150 milliwatts/sq.m., this would be termed as violation of the regulation

although the radiation level is below the radiation norm specified by DOT of

450milliwatts/sq.m for 900MHz.)

There will be a ban on Installation of Antennae on Sidewalls of Buildings and Terrace Walls of Buildings with retrospective effect.

Provided further that above norms shall automatically stand revised as per the latest guidelines issued by the DoT from time to time.

5.      MANDATORY APPROVAL OF TOP FLOOR OCCUPANTS

We have brought to your notice the DoT Advisory  Guidelines to State Governments

Dated August 1, 2013 Page 2 Clause VIII and also MCGM Draft Policy September 11, 2013 which seeks to protect the Health of Top Floor Occupants who aresuuceeptible to Health Hazards from Radiation.

Approval from Top Floor Occupants should not pose a problem if the One Tower policy of a specified height of 5 meters above the Terrace Floor level and maximum number of Antenna specified under Point 4 above is implemented. You have agreed to take this up with DoT.

Considering the Health problems already faced by the Top Floor Occupants  we suggest you add the following Clause under 4 ( B ) after discussing with Department of Telecommunications , Ministry of Communications & Information Technology, New Delhi.

NOC (No Objection Certificate) within three months of the announcement of the Revised Policy and every year in writing is MANDATORY from all the Top Floor Occupants / Tenants / Residents to install the Mobile Tower Antennae on the Terrace of the Building in addition to the written consent of 70% of the Tenants / Occupants.

 6.      ERECTION OF MOBILE TOWERS ON OPEN SPACES

              We have explained you the loophole in the Clause 6 (a ) (iii) mentioned in the

              Gazette of March 4, 2014 due to the unnecessary addition of the word “ OR “  in 

              Schedule “ A “  Clause 6 (a ) (iii) just as in the case of    Clause 4 (B) (c) and

request  you to please replace the Clause 6 (a ) (iii)   with :

 (iii) all lands which are designated as open spaces/recreational open

spaces/recreational grounds in a sanctioned layout, where such installations shall be permissible only with the  consent of the registered Co-operative Housing Society who shall submit on their Letter Head signed by All Office Bearers that they have obtained Written Consent individually from 70% of the legal Occupants/plot holders of such layout, subject to the condition that the maximum permissible area for installation of such TCS/BS shall not be more than 5% of such area or 100 sq.m whichever is less and the same shall be located in one corner of such area. 

 7.      BAN ON INSTALLATION OF MOBILE TOWERS ANTENNAE  ON AND NEAR SCHOOLS / COLLEGE / HOSPITAL BUILDING

     We have brought to your Notice that the Clause banning Installation of Mobile

Tower Antennae on and near Schools / Colleges / Educational Institutions /

Hospitals was initiated and suggested by the Inter Ministerial Committee in

January 2011. In view of this many States and Local Bodies have incorporated

this in their Regulations.

                    We suggest you replace  Clause 6 (f ) mentioned in the Gazette of

                    March 4,2014with the following clause to remove all ambiguity and leaving no

loopholes to the Industry to escape the Regulations :

                    (f) There wiil be ban on installation of Mobile Tower Antennae on and within

                    3 meters from the boundary of the premises of Educational lnstitutions

 (Nurseries, Schools andcolleges), Hospitals, the towers will not be allowed on

children correctionhomes (Balsudhargriha), vrudhasham and hostels /

orphanage buildings forchildren. Also Antennae shall not be directed /

positioned towards any of theselnstitutions

                     In case of Antennae installed beyond 3 meters the number of Antennae /

                     Distance Clause 6 (d) will be applicable irrespective of the existing radiation

levels.

Also Antennae shall not be directed /  positioned towards any Educational

lnstitutions,  (Nurseries, Schools and  colleges), Hospitals , children correction

homes (Balsudhargriha), vrudhashamand hostels / orphanage buildings for

children.

Citizen Group Demands of State Policy

CITIZEN GROUPS OF MUMBAI

C/O PrakashMunshi, Raj Niketan, B G KherMarg, Mumbai 400006 

Tel 23685256   email: prmunshi@gmail.com

Urban Development Department                                           March 14, 2014

Government of Maharashtra

Mantralaya, 4th Floor

Mumbai 400032

Dear Sir,

Attention: Mr.Manu K Srivastava , Principal Secretary

MOBILE TOWER ANTENNAE – INSTALLATION POLICY

GAZETTE COPY DATED MARCH 4, 2014

REF.NO. TPS – 1810/1975/CR  NEW  65/12/DPIUD – 13 DATED OCTOBER 3, 2013

We refer to our meeting yesterday when you handed over to us a copy of the above Gazette published on March 4, 2014 after making amendments to your October 3, 2013 notification.

We are glad that you have incorporated most of the guidelines issued by the Department of Telecommunications on August 1, 2013 to TERM Cells and State Governmentsfor issue of clearance for installation of mobile towers. However points raised in our letter dated November 9, 2013 have not been considered.

We request you to incorporate/amend “Setting up of Telecommunication Cell Site/Base Station and Installation of the Equipments for Telecommunication Network” issued on March 4, 2014 to remove all ambiguity and loop holes in the interest of the

Health of the Citizens of Maharashtra:

SCHEDULE “A”

2. Definitions –

(c)“Mobile Tower” is a tall structure of a specified height above ground level by the Licensing Authority, made of steel on which antennae are mounted. 

By itself, a mobile tower is not a health hazard as it is simply a structure on which antennae are installed. 

(d)“Mobile Tower Antennae” is a specially designed hardware for radiating the radiofrequency which converts electric power into radio waves, and vice versa. It is usually used with a radio transmitter or radio receiver. It is these antennae which emit EMF radiation.

Antennae will not be permitted to be installed on Brackets “L shaped” or otherwise , but only on Towers at a specified height above ground level.

4. Procedure for Obtaining Development Permission –

(B) The application to the Competent Authority for obtaining the aforesaid development permission shall be accompanied by the following documents -

(c)Notarised consent of the Owner of premises, which shall mean and include consent of the Landlord / Co-operative Society / Condominium shall submit on their Letter Head signed by Landlord / All Office Bearers that they have obtained Written Consent individually from 70% of the Tenants / Occupants/individual members of the Building / Apartments / Condominium / Co-operative Housing Societies, or No Objection Certificate of the lessor in case of a lease hold property before installing of Antennae or renewing of the Contract / Agreement.( By mentioning or you are giving a gateway to the Industry and it is imperative to plug this loophole. )

This consent should be submitted to the Local body within three months of the announcement of the Revised Policy and every year thereafter.

The office bearers shall be solely responsible for the documents so submitted as above.

NOC (No Objection Certificate) within three months of the announcement of the Revised Policy and every year in writing is MANDATORY from all the Top Floor Occupants / Tenants / Residents to install the Mobile Tower Antennae on the Terrace of the Building in addition to the written consent of 70% of the Tenants / Occupants.( Please refer to DoT Guidelines toState Governments Page 2 VIII and also MCGM Draft Policy )

6.Planning norms for Erection of TCS/BS –

(a) (iii) all lands which are designated as open spaces/recreational open spaces/recreational grounds in a sanctioned layout, where such installations shall be permissible only with the no-objection certificate of the concerned Owner of premises, which shall mean and include consent of the registered Co-operative Housing Society who shall submit on their Letter Head signed by All Office Bearers that they have obtained Written Consent individually from 70% of the legal Occupants/plot holders of such layout, subject to the condition that the maximum permissible area for installation of such TCS/BS shall not be more than 5% of such area or 100 sq.mwhichever is less and the same shall be located in one corner of such area.

6.  Planning norms for Erection of TCS/BS –

(d)In case of both ground based towers and roof-top towers, there shall be no buildings right in front of the antenna (e), of equivalent height taking into account the tilt of the lowest antenna on Tower as per details given below:

Sr.No.       (1)	Number of Antenna(e) Pointed in the Same Direction                    (2)	Building /Structure Safe Distance  from theAntenna (e) at the Same Height (in mtrs) (3)
1	1	20
2	2	35
3	4	45
4	6	55

Provided that the antennae at the same height only are to be counted, as the beam-width of the mobile antennae in the vertical direction is very narrow.

(Explanation – The distance figures in the above Table are based on empirical estimation considering that all the antennae are emitting at their maximum RF power of 20 Watts and exactly in the same direction with the same height.)

There will be only one Tower allowed with a maximum of Six Antennae on one building / wing of building / site ( C.S.no. ) at a distance specified in table above.

The distance and number of antennae condition will be mandatory to be followed irrespective of the existing radiation levels.( This was clarified by you )

(Explanation – If there are 6 antennae at a distance of 10 meters with a radiation level of 150 milliwatts/sq.m., this would be termed as violation of the regulation although the radiation level is below the radiation norm specified by DOT of 450milliwatts/sq.m for 900MHz.)

Provided further that above norms shall automatically stand revised as per the latest guidelines issued by the DOT from time to time.

There will be a ban on installation of Antennae on Sidewalls of Building and Terrace walls of Buildings with Retrospective effect.

6.Planning norms for Erection of TCS/BS –

(f) Installation of Base Station antenna(e) shall not be permissible within the premises of schools, colleges, hospitals as well as on the adjoining land/building within 3 mtr. from the boundary of premises of schools, colleges and hospitals. Also antenna(e) shall not be directed/positioned towards any school/college/hospital building.

In case of distance being more than 3 mtr. the number of antennae/distance table as given under clause 6 (d) will be applicable. ( This was clarified by you )

We have other issues which we would like to discuss personally with you so that there are no loopholes which can be used by the Industry to circumvent the Regulations .

We request you to please form and implement the Public Grievance Committee at the soonest and inform the General Public indicating the Committee’s Jurisdiction , Terms of Reference  and composition.

Announcing the Policy is work half done.

The Policy has to be implemented and monitored and this should be done professionally.

We request you to initiate action with the BMC / High Court of Mumbai to lift the Stay Order now that a clear Policy has been issued by the State Government.

We have suggested a joint meeting with BMC Municipal Commissioner and all Ward Assistant Municipal Commissioners with the Urban Development Ministry officials , TERM Cell Mumbai ,and Citizen Group representatives to clarify all points of the State Policy so that all are clear with the Regulations and there is no ambiguity and no loop holes to escape the Regulations.

We have Signatures of about 5000 Citizens who are wanting that Government goes on the Precaution route and “ Be Safe rather than Suffer “which we will hand over when we meet.

We will take up once again with the Ministry of Communications and Information Technology , Central Government on the unjustified and unscientific norms of Radiation , Power transmission and Distances / Number of Antenna which are presently Harmful to the Health of Indian Citizens.

Citizen Groups will be willing to co-operate and offer their support to the Government and Local Body to help Reduce Radiation Levels and implementa  Citizen friendly State Government Policy covering our above amendments .

We seek an appointment with you in the next week to discuss in person our views and comments on the State Government Policy. Please advise.

Yours sincerely,

 

PrakashMunshi

 

cc:   ShriPrithvirajjiChavan , Chief Minister , Mumbai

ShriMilindDeora , Minister of State ( C & IT ) , Delhi

ADDITIONAL  CLARIFICATIONS SOUGHT  IN PERSONAL MEETING NEXT WEEK

1.      Schedule A Page 4 Clause 3 Para 2

             You are aware it is possible to delay matters beyond 60 days to seek deemed

approval. What control measures are there to prevent such instances ?

2.      Schedule A Page 4 Schedule A Clause 4 ( c ) and Page 7 Clause 6 (iii)

              Please delete the word or and make consent of 70%  mandatory as indicated in our

Letter March 14, 2014 page 2.

3.      Why is there no NOC required for single pole antennae or cellular signal boosters ?

4.      Why is there no limitation on number of Cabins and area limitation of 20 square meters as required per DCR 35(3) (xv). Please refer to copy of corrected Gazette  03/10/2013 handed over personally to Mr.SunilMarale.

5.      In case of Pole Mounted Antennae there should be an additional condition “ No Residential/ Office / Work Place should be directly in front of wall / Pole mounted Antenna “