Space Activities Bill, 2017
Space Activities Bill, 2017
Space Activities Bill, 2017
com
No.E.11020/2/2015-Sec-V I
G overnm ent of India
Departm ent of Space
***
Antariksh Bhavan
New BEL Road
Bengaluru - 560 231
Subject: Seeking com m ents on Draft "Space Activities Bill, 2017" from
the stake holders/public -regarding.
*****
The undersigned is directed to upload the draft "Space Activities Bill, 2017" for
com m ents, if any, from all the stakeholders/public on the sam e. Hence, com m ents if any
m ay kindly be sent to the undersigned at em ail id provided below latest by 21.12.2017. zyxwvutsrqponmlkjihgfe
~
(G .R avi Shahkar)
Under Secretary to the G overnm ent of India
Encl: As above
To
I. Background:
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Government of India - Department of Space- Draft Space Activities Bill, 2017
8. Over a period, with the logical evolution of space activities in India from
conceptual, experimental, operational, commercial and further
expansion phases, the demands for space systems, applications and
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Government of India - Department of Space- Draft Space Activities Bill, 2017
services for national needs and beyond have been rapidly growing. This
scenario also encourages the participation of Indian industry and
service providers at much higher levels in all round space activities
under the technical guidance and authorization of the Government
through Department of Space.
10. Thus there is a need for national space legislation for supporting
the overall growth of the space activities in India. This would
encourage enhanced participation of non-governmental/private
sector agencies in space activities in India, in compliance with
international treaty obligations, which is becoming very relevant
today.
11. The Department has studied the basic tenets of a draft space Bill in
cognizance with the space acts of other space faring nations.
Subsequently, consultations were held with experts on space law and
international law and representatives of Ministries and Departments,
through a national level workshop. Through these consultation
processes, a broad consensus was arrived at, on the need for a space
act for India and what it should address to support the growth of space
activities of the country.
12. It was learnt that the contents, scope and applicability of space
legislations of other countries vary a lot, depending upon the nature and
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Government of India - Department of Space- Draft Space Activities Bill, 2017
13. India’s space activities are very unique towards delivering the results
through various successful accomplishments. Today, the space
technology and applications are used as enabling tools for national
development and governance. Hence, it was considered that
introduction of a space specific legal regime should only enable further
growth of space activities in India, rather than merely a regulatory or
restrictive regime. It needs to facilitate private sector participation in
space activities under authorization and supervision by the
Government.
15. Any valuable comments and suggestions from any stake holder(s) is
solicited by the Department for appropriate consideration. (email:
space-law@isro.gov.in).
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CHAPTER II
SPACE ACTIVITY REGULATORY MECHANISM
Space activity 3. It shall be the duty of the Central Government to put in place a
regulatory
mechanism and to take all such steps to promote the growth of every
mechanism by
Central matter relating to space activity including exploration and use of
Government. outer space and foster the development of scientific and technical
potential in the sector and for the purposes of performing its
functions, the Central Government may –
(a) frame policies in relation to exploration and use of outer space
for peaceful purposes and in the interests of national security;
(b) develop a space activity plan with established goals, tasks and
principles including the comprehensive development of space
sector and ground segments of space infrastructure and
technologies for commercial and economic needs of the country;
(c) grant, transfer, vary, suspend or terminate licence to any person;
(d) ensure compliance of terms and conditions of licence;
(e) provide every professional and technical support and
authorisation to launch or operate space object;
(f) arrange to provide authorisation to launch or operate commercial
space activity including corporate and other organisational
structure either directly or through any agency in the manner as
may be prescribed;
(g) regulate the procedures for conduct and operation of space
activity;
(h) create and maintain a register of space objects;
(i) monitor the conformity of space activity with international space
agreements to which India is a party in the manner as may be
prescribed;
(j) ensure safety requirements and safety measures in relation to any
space activity;
(k) supervise the conduct of every space activity in which India is
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the launching State for which a licence has been granted and the
development of means, facilities and equipment necessary
therefor in the manner as may be prescribed;
(l) share access and potential benefits including the pricing
mechanism of products created by space activity and technology
with any person or any agency in the manner as may be
prescribed;
(m) investigate any incident or accident in connection with the
operation of a space activity in the manner as may be prescribed;
and
(n) perform such other duties and functions as may be necessary to
carry out the provisions of this Act.
Power of Central 4. (1) Where the Central Government considers it expedient so to
Government to do, it may, by order in writing, -
call for
information, (a) call upon any licensee at any time to furnish in writing such
investigation, etc. information or explanation relating to its affairs as the Central
Government may require; or
(b) appoint one or more persons to make an inquiry in relation to the
affairs of any licensee; and
(c) direct any of its officers or employees or other authorities to
inspect the books of account or other documents of any licensee.
(2) Where any licensee has been called upon to furnish information
or explanation under clause (a) of sub-section (1), -
(a) every director, manager, secretary or other officer, if the licensee
is a company; or
(b) every partner, manager, secretary or other officer, if the licensee
is a firm; or
(c) every other person or body of persons who has or had dealings in
the course of business with any of the persons mentioned in clauses
(a) and (b),
shall be bound to produce before the Central Government, all such
books of account or other documents in its or his custody or power
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while it is in session, for a total period of fifteen days, and if, both
Houses agree in disapproving the issue of notification or both
Houses agree in making any modification in the notification, the
notification shall not be issued or, as the case may be, shall be issued
only in such modified form as may be agreed upon by both the
Houses.
Licence for 7. (1) The Central Government may grant a licence, on an
commercial space application made by a person specifying the details of the
activity. commercial space activity and the purpose of such activity.
(2) A licence under sub-section (1) may be granted where the space
activity —
(a) does not jeopardise public health or the safety of individuals
or property;
(b) is consistent with the international obligations of India; and
(c) does not compromise the sovereignty and integrity of India,
security of State, defence of India, friendly relation with foreign
States, public order, decency or morality.
(3) The form and contents of an application for licence and other
documents to be submitted along with the application, fees,
procedures to be followed in processing the application, authorising
the rectification of procedural irregularities and time limits for
complying with the shortcomings in the application and for
extending the time period for compliance of shortcomings shall be
in the manner as may be prescribed.
(4) The Central Government may, for the discharge of its duties
under this section, issue such directions from time to time to any
licensee, as it may consider necessary:
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manufacturing or assembling;
(b) testing and examination of the licensee's facilities, and
inspection and testing of the licensee's equipment by the Central
Government or any other agency authorised by it;
(c) detailing the purposes of the space activity;
(d) requiring the licensee to provide the Central Government
within fifteen days of the grant of licence, the information relating
to—
(i) the date and territory or location of launch; and
(ii) the basic orbital parameters, including nodal period,
inclination, apogee and perigee and such other information as
the Central Government may think necessary concerning the
nature, conduct, location and results of the licensee's
activities;
(e) permitting the Central Government to inspect and take
copies of documents in connection with any information relating to
space activity;
(f) requiring the licensee to obtain advance approval from the
Central Government for any intended deviation from the orbital
parameters, and to inform the Central Government immediately of
any unintended deviation;
(g) requiring the licensee to conduct his operations in such a
way as to-
(i) prevent the contamination of outer space or adverse
damage or pollution to the environment of the earth;
(ii) avoid interference with the activities of others in the
peaceful exploration and use of outer space;
(iii) avoid any breach of India’s international obligations;
and
(iv) preserve the public health, sovereignty and integrity of
India, security of State, defence of India, friendly relation
with foreign States, public order, decency or morality;
(h) requiring the licensee to insure himself against any liability
incurred in respect of damage or loss suffered by third parties, in
India or outside India, as a result of any activity authorised by the
licence;
(i) governing the disposal of the payload in outer space on the
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CHAPTER IV
Register of 11. (1) The Central Government shall maintain a register of space
space objects. objects.
(2) There shall be entered in the register particulars of such space
objects as the Central Government may consider appropriate to
comply with the international obligations of India in the manner as
may be prescribed.
Liability for 12. (1) A licensee under this Act shall indemnify the Central
damage arising
out of commercial Government against any claims brought against the Government in
space activity. respect of any damage or loss arising out of a commercial space
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imprisonment for a term which shall not be less than one year but
which may extend to three years or with a fine which shall not be
less than one crore rupees or with both and in case of continuing
offence, with an additional fine which may extend to fifty lakh
rupees for every day during which the offence continues.
Restriction on 17. The Central Government, or any officer, authority, organisation,
disclosure of company or agency subordinate to it, as the case may be, may by
information.
order restrict any person from disclosing information, whether
contained in a document, drawing, photograph, plan, model or in
any electronic or other form whatsoever which relates to, represents
or illustrates space technology, space systems, operations, processes
and procedures, locales and personnel relating to any space activity
under this Act.
Punishment for 18. Any person who discloses any information in respect of which
disclosure of
restricted any restriction on disclosure is imposed under section 17, shall be
information. punished with imprisonment for a term which shall not be less than
six months but which may extend to two years or with a fine which
shall not be less than fifty thousand rupees but which may extend to
one lakh rupees, or with both.
Cognizance of 19. (1) No court shall take cognizance of any offence punishable
offences.
under this Act, save as on a complaint made by any officer or person
authorised in this behalf by the Central Government.
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Offences by 23. (1) Where an offence under this Act has been committed by a
companies. company, every person who at the time the offence was committed
was in charge of, and was responsible to, the company for the
conduct of the business of the company, as well as the company,
shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render
any such person liable to any punishment provided in this Act if he
proves that the offence was committed without his knowledge or
that he has exercised all due diligence to prevent the commission of
such offence.
(2) Notwithstanding anything contained in sub-section (1), where an
offence under this Act has been committed by a company and it is
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proved that the offence has been committed with the consent or
connivance of, or is attributable to, any neglect on the part of any
director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall also be deemed to
be guilty of the offence and shall be liable to be proceeded against
and punished accordingly.
Explanation. —For the purposes of this section, “company” means
any body corporate and includes a firm or other association of
individuals; and “director”, in relation to a firm, means a partner in
the firm.
Offences by 24. Where an offence under this Act has been committed by any
Government
officials. person who is or has been employed in the Central Government or
the State Government, as the case may be, at the time of commission
of such alleged offence, the court shall take cognizance of such
offence provided the procedure laid down in section 197 of the Code
of Criminal Procedure, 1973(Act No.2 of 1974) is followed.
CHAPTER VI
MISCELLANEOUS
Protection of 25. (1) Any invention or other form of intellectual property rights
intellectual
property rights. such as patents, copyrights, trademarks or such other rights,
developed, generated or created during the course of any space
activity shall be protected under any law for the time being in force,
with the primary objective of safeguarding the national interest.
(2) Any form of intellectual property right developed, generated or
created onboard a space object in outer space, shall be deemed to be
the property of the Central Government.
Protection of 26. No suit, prosecution or other legal proceedings shall lie against
action taken in
the Central Government in respect of anything done in good faith in
good faith.
pursuance of any space activity under this Act or any rule or order
made thereunder.
Administration of 27. Notwithstanding anything contained in the Factories Act, 1948,
Factories Act, (Act No.63 of 1948) the authority to administer the said Act and to
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1948. do all things for the enforcement of its provisions, including the
appointment of inspecting staff and the making of rules thereunder,
shall vest in the Central Government in relation to any factory
owned by the Central Government or any authority or corporation
established by it or a Government company and engaged in carrying
out the purposes of this Act.
Delegation of 28. The Central Government may, by order, direct that any power
powers.
conferred or any duty imposed on it by this Act shall, in such
circumstances and subject to such conditions as may be specified in
the said order, be exercised or discharged by such officer, authority,
organisation, company or agency subordinate to the Central
Government; or such State Government or such officer or authority
subordinate to a State Government as may be specified in the
direction.
Power of Central 29. (1) The Central Government may, from to time to time, issue
Government to such directions to the licensee as it may think necessary in the
issue directions.
interest of the sovereignty and integrity of India, the security of the
State, defence of India, friendly relations with foreign States, public
order, decency or morality.
(2) Without prejudice to the foregoing provision, the licensee shall
be bound by such directions of the Central Government:
Provided that the licensee shall, as far as practicable, be
given an opportunity to express views before any direction is given
under sub-section (1).
Power of Central 30. The Central Government, may, in the case of emergency arising
Government to out of war, external aggression, natural calamity or such other
take over control
eventuality as it may deem necessary, take over the management,
of space object or
installation in control or supervision of any space object registered in pursuance of
certain this Act or any installation relating to the space object for such
circumstances. period as it may deem fit.
Power to make
31. (1) The Central Government may, by notification, make
rules.
rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of
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the foregoing power, the rules may provide for all or any of the
following matters, namely: —
(i) the manner of providing authorisation to launch or
operate commercial space activities including the corporate
and other organisational structure either directly or through
any agency under clause (f) of section 3;
(ii) the manner of monitoring the conformity of space
activity with international space agreements to which India is
a party under clause (i) of section 3;
(iii) the manner of development of means, facilities and
equipment necessary to supervise the conduct of space
activity of licensee under clause (k) of section 3;
(iv) the manner of sharing access and potential benefits
including the pricing mechanism of products created by
space activity and technology with any person or the
Government under clause (l) of section 3;
(v) the manner of investigating any incident or accident in
connection with the operation of a space activity under
clause (m) of section 3;
(vi) the manner and time-limit for producing before the
Central Government such books of account or other
documents in custody of the licensee in connection with the
subject-matter of the inquiry, including any statement or
information relating thereto under sub-section (2) of section
4;
(vii) the manner of maintaining books of account or other
documents by the licensee under sub-section (3) of section 4;
(viii) the manner of formulating, establishing and notifying
appropriate mechanism for licencing and procedures
including eligibility criteria, and fees for licence and conduct
of space activity under sub-section (1) of section 5;
(ix) the manner of causing to arrange insurance or financial
guarantee by the Central Government under sub-section (2)
of section 5;
(x) the manner of submitting application for licence,
including the form, contents, other documents, fees,
procedure to be followed in processing application,
rectifying procedural irregularities, time-limits to address
shortcomings and for extending time-limits to address
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