Draft Space Activities Bill, 2017 |The LexSphere Library

SECTION Section 1

Untitled Section

No.E.11020/2/2015-Sec-VI

•Government of India

•Department of Space

•***

•Antariksh Bhavan

•New BEL Road

•Bengaluru - 560 231

November2.\, 2017

•Subject: Seeking comments 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

•comments, if any, from all the stakeholders/public on the same. Hence, comments if any

•may kindly be sent to the undersigned at email id provided below latest by 21.12.2017.

•e-mail id: space-law@isro.gov.in

•~

•(G.Ravi Shahkar)

•Under Secretary to the Government of India

•Encl: As above

•To

•All concerned Stakeholders

•Government of India - Department of Space- Draft Space Activities Bill, 2017

•Page 1 of 4

•Explanatory note on Draft Space Activities Bill, 2017

I.Background:

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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

•Government of India - Department of Space- Draft Space Activities Bill, 2017

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•services for national needs and beyond have been rap idly 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.

SECTION Section 11

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9.Further, a few start -up companies too in India are showing interest in

•engaging in space systems activities. Commercial opportunities in

•space activities and services, nationally and internationally demand

•higher order of participations by private sector a gencies. This situation

•demands for a necssary legal environment for orderly performance and

•growth of space sector. Constitution of India too provides for

•implementation of international treaty obligations , vide Articles 51 and

SECTION Section 13

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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.

IV.Approach followed:

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11.The Department has studied the b asic 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.

SECTION Section 15

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12.It was learnt that the contents, scope and applicability of space

•legislations of other countries vary a lot, depending upon the nature and

•Government of India - Department of Space- Draft Space Activities Bill, 2017

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•extent of space activities pursued by th em. Considering these

•variations, a Model Law on National Space Legislation was

•formulated and submitted by International Law Association (ILA), to the

•UN Committee on Peaceful Uses of Outer Space (UNCOPUOS) in

SECTION Section 16

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2013.This Model Law was studied by the Depar tment, as it addresses

•the obligations of a State under UN treaties on outer space activities

precisely.Based on this reference, the draft Bill on National space

•activities was taken up for development with necessary customization to

•match with the Indian context of space activities.

SECTION Section 17

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13.India’s sp ace 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 governa nce. 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.

SECTION Section 18

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14.On t hese premises, a draft Space Activities Bill,2017 has been

•formulated with due preliminary consultations with a few relevant

Ministries.It is intended to have a basic framework w ith very essential

•provisions for treaty obligations, with scope for formulating rules and

•regulations on specific topics / activities. As the nature of space

•technologies vis -à-vis scope of space activities change very fast, it

•would be prudent to revise the rules and formulate with updates to cope

•with the developments. The Draft Bill includes a provision for Rules

•Making powers by the Government.

SECTION Section 19

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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).

•Draft Bill

•Page 1 of 15

•THE SPACE ACTIVITIES BILL, 2017

•A

•Bill

•to promote and regulate the space activities of India.

•BE it enacted by Parliament in the Sixty-eighth Year of the Republic

•of India as follows:—

•CHAPTER I

•PRELIMINARY

•Short title , extent ,

•application and

commencement.

SECTION Section 2

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1.Space activities in India, which started in early 1960 s, are hitherto

•pursued by Department of Space (DOS), as nodal agency for space

•activities in India . As per ‘Government of India (Allocation of Business)

•Rules 1961(as amended from time to time) DOS has been responsible

•for the space activities in India , for more than five decades, with the

•major objective of bringing the benefits of space technology and its

•applications to societal needs and national development.

SECTION Section 20

Untitled Section

1.(1) This Act may be called the Space Activities Act, 2017.

(2)It ext ends to the whole of India and the exclusive

•economic zone of India including the off-shore platforms, ships and

•vessels under Indian flag in high seas, aircrafts and other air -borne

•vehicles registered in India and the space objects of Indian origin in

•outer space and the space objects which are registered under the

•register of space objects maintained by the Central Government.

(3)The provisions of this A ct shall apply to every citizen of

•India in India or outside India and every legal or juridical person,

•including G overnmental, non-Governmental or private sector

•agency, company, corporate body registered or incorporated in India

•and engaged in any space activity in India or outside India.

(4)It shall come into force on such date as the Central

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•Government may, by notification in the Official Gazette, appoint;

•and different dates may be appointed for different States and any

•reference in any provision to the commencement of this Act shall be

•construed in relation to any State as a reference to the coming into

•force of that provision in that State.

Definitions.2. In this Act, unless the context otherwise requires,—

(a)“commercial space activity” m eans a space activity which

•generates or is capable of generating revenue or profit;

(b)“licence” means a licence referred to in sub-section (1) of section

•7;

(c)“notification” means a notification published in the Official

•Gazette and the expression “notify” shall be construed accordingly;

(d)“person” means an individual, Hindu Undivided Family,

•company, trust, partnership, limited liability partnership or any other

•entity established under any law for the time being in force;

(e)“prescribed” means prescribed by rules made by the Central

•Government under this Act;

(f)“space activity” means the launch of any space object , use of

•space object, operation, guidance and entry of space object into and

•from outer space and all functions for per forming the said activities

•including the procurement of the objects for the said purposes.

(g)"space object" means,—

(i)any object launched or intended to be launched, on an

•orbital trajectory around the e arth or to a destination beyond

•the earth orbit;

•(ii) any device, the purpose of which is to launch an object

•on a trajectory under sub-clause (i), even when such a device

•is operated without payload for the purpose of its

•development and validation phase;

•(iii) any constituent element of an object referred to i n sub-

SECTION Section 21

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•clauses (i) or (ii);

(h)“supervision” means a procedure devised by the Central

•Government for permanent observ ation and monitoring of a space

•activity under this Act.

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•CHAPTER II

•SPACE ACTIVITY REGULATORY MECHANISM

•Space activity

•regulatory

•mechanism by

•Central

Government.

SECTION Section 22

Untitled Section

3.It shall be the duty of the Central Government to put in place a

•mechanism and to take all such steps to promote the growth of every

•matter relating to space activity including exploration and use of

•outer space and f oster 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 activit y including corporate and other organi sational

•structure either directly or through any agency in the manner as

•may be prescribed;

(g)regulate the procedures for conduct and opera tion 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 acciden t 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

•Government to

•call for

•information,

•investigation, etc.

SECTION Section 23

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4.(1) Where the Central Government considers it expedient so to

•do, it may, by order in writing, -

(a)call upon any licensee at any time to furnish in writing such

•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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•relating to, or having a bearing on the subject -matter and also to

•furnish to the Central Government with any such statement or

•information relating thereto, as the case may be, requir ed of it or

•him, within such time and manner as may be prescribed.

(3)Every licensee shall maintain such books of account or other

•documents in the manner as may be prescribed.

•CHAPTER III

•AUTHORISATION AND LICENCE FOR COMMERCIAL

•SPACE ACTIVITY

•Authorisation for

•commercial space

activity.

SECTION Section 24

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5.(1) The Central Government shall formulate, establish and notify

•the appropriate mechanism for licencing and procedures including

•eligibility criteria, and fees for licence and conduct of any

•commercial space activity in compliance with any international

•treaty on outer space activity, for which India is a State Party and

•the Central Government has obligation in the manner as may be

prescribed.

(2)For the purposes of sub -section (1), the Central Government

•shall cause to arrange financial guarantee or insurance in the manner

•as may be prescribed.

•Prohibition of

•unauthorised

•space activity.

SECTION Section 25

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6.(1) No person shall carry on any commercial space activity except

•with a licence referred to in sub-section (1) of section 7:

•Provided that nothing shall apply to -

(a)a person acting as employee or agent of a person who has been

•authorised to conduct space activity under sub-section (1) of section

•5 with prior written approval of the Central Government;

(b)any a ctivity which is certified under any international

•agreements that arrangements have been made between India and

•another country to secure compliance with international obligations.

(2)The Central Government may by notification exempt any person

•or space activity from the requirement of a n authorisation, if it is

•satisfied that the requirement is not necessary to secure compliance

•with any international obligation of India.

(3)A copy of every notification proposed t o be issued under sub -

•section (2), shall be laid in draft before each House of Parliament,

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•while it is in s ession, 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, t he

•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

•commercial space

activity.

SECTION Section 26

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7.(1) The Central Government may grant a licence, on an

•application m ade b y a person specifying the details of the

•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 f orm 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 irregula rities and time l imits 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:

•Provided that no direction shall be issued except for

•ensuring the compliance of terms and conditions of a licence.

•Terms and

•conditions of

licence.

SECTION Section 27

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8.(1) A licence under sub-section (1) of section 7 may be granted

•to a person subject to such terms and conditions as may be

prescribed.

(2)Without prejudice to anything contained in sub-section (1), a

•licence granted under sub -section (1) of section 7 shall include the

•following particulars, namely: —

(a)unconditional permission to the Central Government for

•inspection of any space activity and the material used for the activity

•either in the premises of the applicant or at any other place of its

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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 resul ts 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) pres erve 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 disposa l of the payload in outer space on the

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•termination of operations under the licence and requiring the

•licensee to notify the Central Government as soon as practicable of

•its final disposal;

(j)providing for the termination of the l icence on a specified

•event; and

(k)such other terms and conditions which may be or has to be

•made by rules.

•Transfer of

licence.

SECTION Section 28

Untitled Section

9.A licence granted under this Act shall not be transferred to any

•other person except with the prior written approval of th e Central

•Government on such conditions as may be considered appropriate

•by the Central Government for such transfer.

•Suspension, etc.

•of licence.

SECTION Section 29

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10.(1) The Central Government may suspend, revoke or vary a

•licence granted under this Act, if it is satisfied that—

(a)a condition of the licence or any rule made under this

•Act has not been complied with; or

(b)it is required in the interests of public health, sovereignty

•and integrity of India, security of State, defence of India,

•friendly relation with foreign States, public order, decency or

•morality or to comply with any international obligation s of

•India; or

(c)continuance of such licence is detrimental to the interest

•of India.

(2)Before suspending, revoking or varying the licence under sub -

•section (1) , the Central Government shall give the licensee a

•reasonable opportunity of being heard.

SECTION Section 3

Untitled Section

2.Pursuance of Space activities were focused on three major areas

•namely – i) Space Infrastructure which includes realization of spacecraft

•for various applications and associated ground infrastructure, ii) Space

•Transportation systems, which include through realization of various

•types / class of launch vehicles and associated ground infrastructure

•including launch facilities, and iii) Space applications for various national

•requirements through establishment of necessary gr ound infrastructure

•and coordination mechanisms.

SECTION Section 30

Untitled Section

•CHAPTER IV

•REGISTRATION OF SPACE OBJECTS AND LIABILITY

•Register of

•space objects. 11. (1) The Central Government shall maintain a register of space

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

•damage arising

•out of commercial

•space activity.

SECTION Section 31

Untitled Section

12.(1) A licensee under this Act shall indemnify the Central

•Government against any claims brought against the Government in

•respect of any damage or loss arising out of a commercial space

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•activity or in relation to a space object covered under the licence.

(2)Notwithstanding anything contained in sub -section ( 1), the

•Central Government shall determine the quantum of liability to be

•imposed upon the licensee, in the manner as may be prescribed.

•CHAPTER V

•OFFENCES AND PENALTIES

•Punishment for

•undertaking

•commercial space

•activity without

•authorisation or

licence.

SECTION Section 32

Untitled Section

13.Any person who undertakes any commercial space activity

•without authorisation under section 6 or licence under section 8 ,

•shall be pun ished with imprisonment for a term which shall not be

•less than one year but which may extend to three years or with 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.

•Punishment for

•false information

•or false document.

SECTION Section 33

Untitled Section

14.Notwithstanding anything contained in any other law for the

•time being in force, any person who furnishes false information or

•false document for obtaining the licence under section 8 shall be

•punished with imprisonment for a term which may extend to one

•year or with a fine which may extend to fifty thousand rupees, or

•with both.

•Suppression of

•factual

information.

SECTION Section 34

Untitled Section

15.Notwithstanding anything contained in any other law for the

•time being in force, any person who suppresses the information from

•the Central Government or any 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 while supervising the space object launched by the

•licensee, shall be punished with imprisonment for a term which may

•extend to one year or with a fine which may extend to fift y thousand

•rupees, or with both.

•Punishment for

•causing damage or

•pollution to

environment.

SECTION Section 35

Untitled Section

16.Notwithstanding anything contained in any other law for the

•time being in force, any person who causes damage or pollution to

•the environm ent of the e arth, airspace or outer space including

•celestial bodies by any space activity shall be punished with

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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 rupe es 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

•disclosure of

information.

SECTION Section 36

Untitled Section

17.The Central Government, or any officer, authority, organisation,

•company or agency subordinate to it, as the case may be, may by

•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 system s, operations, processes

•and procedures, locales and personnel relating to any space activity

•under this Act.

•Punishment for

•disclosure of

•restricted

information.

SECTION Section 37

Untitled Section

18.Any person who discloses any information in respect of which

•any restriction on disclosure is imposed under section 1 7, shall be

•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

offences.

SECTION Section 38

Untitled Section

19.(1) No court shall take cognizance of any offence punishable

•under this Act, save as on a complaint made by any officer or person

•authorised in this behalf by the Central Government.

(2)No court other than that of a Metropolitan Magistrate or a

•Judicial Magistrate of the First Class s hall try any offence

•punishable under this Act.

•Penalty for

•contravention of

directions.

SECTION Section 39

Untitled Section

20.Any person who contravenes any direction given by the Central

•Government under this Act shall be punished with fine which shall

•not be less than one crore rupees but which may extend to fifty crore

•rupees and in case of continuing offence, with an addi tional fine

•which may extend to ten lakh rupees for every day during which the

•offence continues.

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•Prevention of

•entry into

•prohibited areas.

SECTION Section 4

Untitled Section

3.The Department of Space, through Indian Space Research

•Organisation and its R&D centres has been executing various satellite

•and launch vehicle projects and conceptualized & implemented a

•number of application programmes for national development and

governance.

SECTION Section 40

Untitled Section

21.The Central Government , or any officer, authority,

•organisation, company or agency subordinate to it, as the case may

•be, may, by order, prohibit any person other than a public servant on

•duty from, —

(a)entry, without obtaining permission into a prohibited area

•including fabrication and test facilities, installation,

•launch ports, tracking centre of space cente rs and related

•establishments; and

(b)taking or making, without permission, any photograph,

•sketch, illustration and drawings, map or other document

•from the prohibited area and any permission, if given to

•do these things may be subject to stipulations whic h the

•Central Government , or the officer, authority,

•organisation, company or agency subordinate to it may

•consider necessary.

•Punishment for

•contravention of

SECTION Section 41

Untitled Section

•section 21.

SECTION Section 42

Untitled Section

22.Notwithstanding anything contained in any other law for the

•time being in for ce, whoever contravenes section 2 1 shall be

•punished with imprisonment for a term which shall not be less than

•six months but which may extend to two years or with fine which

•shall not be less than fifty thousand rupees but which may extend to

•one lakh rupees, or with both.

•Offences by

companies.

SECTION Section 43

Untitled Section

23.(1) Where an offence under this Act has been committed by a

•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 busines s 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 a ny 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 com pany, 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

•Government

officials.

SECTION Section 44

Untitled Section

24.Where an offence under this Act has been committed by any

•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

•intellectual

•property rights.

SECTION Section 45

Untitled Section

25.(1) Any invention or other form of 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

•action taken in

•good faith.

SECTION Section 46

Untitled Section

26.No suit, prosecution or other legal proceedings shall lie against

•the Central Government in respect of anything done in good faith in

•pursuance of any space activity under this Act or any rule or order

•made thereunder.

•Administration of

•Factories Act,

SECTION Section 47

Untitled Section

27.Notwithstanding anything contained in the Factories Act, 1948,

•(Act No.63 of 1948 ) the authority to administer the said Act and to

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SECTION Section 48

Untitled Section

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 fac tory

•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

powers.

SECTION Section 49

Untitled Section

28.The Central Government may, by o rder, direct that any power

•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 Cen tral

•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

•Government to

•issue directions.

SECTION Section 5

Untitled Section

4.In pursuance of space activities by the Department, certain policies

•were formulated , commensurate with the nature and scope of space

•activities and emerging commercial re quirements in application areas.

•Thus, SATCOM and Remote Sensing Data Polic ies were formulated by

•the Department . Besides, a few other internal polic y guidelines on

•technology transfer, industry participation, Safety, human resources,

•information security , etc., were also formulate d from time to time to

•Government of India - Department of Space- Draft Space Activities Bill, 2017

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•support the functional/ operational needs of the ISRO Centres under

•Department of Space.

II.International Treaty Obligations on Outer Space Activities:

SECTION Section 50

Untitled Section

29.(1) The Central Government may, from to time to time, issu e

•such directions to the licen see as it may think necessary in the

•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 p rejudice 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

•Government to

•take over control

•of space object or

•installation in

•certain

circumstances.

SECTION Section 51

Untitled Section

30.The Central Government, may, in the case of emergency arising

•out of war, external aggression, natural calamity or such ot her

•eventuality as it may deem necessary, take over the management,

•control or supervision of any space object registered in pursuance of

•this Act or any installation relating to the space object for such

•period as it may deem fit.

•Power to make

rules.31. (1) The Central Government may, by notification, make

•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 con formity 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 in cident or accident in

•connection with the operation of a space activit y under

SECTION Section 52

Untitled Section

•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 manne r 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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•shortcomings in the application under sub -section (3) of

SECTION Section 53

Untitled Section

•section 7;

•(xi) the terms and conditions subject to which licence may

•be granted under sub-section (1) of section 8;

•(xii) the other terms and conditions of licence under clause

(k)of sub-section (2) of section 8;

•(xiii) the manner and particulars of space object s to be

•entered in the register under sub-section (2) of section 11;

•(xiv) the manner of determining the quantum of liability to

•be imposed upon the licensee under sub -section ( 2) of

SECTION Section 54

Untitled Section

•section 12; and

•(xv) any other matter which is to be, or may be, prescribed

•under this Act.

•Rules to be laid

•before Parliament.

SECTION Section 55

Untitled Section

32.Every rule made under this Act shall be laid, as soon as may be

•after it is made, before each House of Parliament, while it is in

•session, for a total period of thirty days which may be comprised in

•one session or in two or more successive sessions, and if, before the

•expiry of the session immediately following t he session or the

•successive sessions aforesaid, both Houses agree in making any

•modification in the rule or both Houses agree that the rule should

•not be made, the rule shall thereafter have effect only in such

•modified form or be of no effect, as the cas e may be; so, however,

•that any such modification or annulment shall be without prejudice

•to the validity of anything previously done under that rule.

•Powers to remove

difficulties.

SECTION Section 56

Untitled Section

33.(1) If any difficulty arises in giving effect to the provisions of

•this Act, the Central Government may, by order published in the

•Official Gazette, make such provisions, not inconsistent with the

•provisions of this Act, as may appear to it to be necessary or

•expedient for removing the difficulty:

•Provided that no order s hall be made after the expiry of a

•period of five years from the date of commencement of this Act.

(2)Every order made under this section shall, as soon as may be

•after it is made, be laid before each House of Parliament.

SECTION Section 6

Untitled Section

5.Internationally, the outer space activities are governed by relevant

SECTION Section 7

Untitled Section

•chapters of international law in general and by United Nations’ (UN)

•Treaties and principles evolved under UN Committee on Peaceful Uses

•of Outer Space (UNCOPUOS) in particular. The oblig ations of a State

•Party under international treaties on outer space activities are expected

•to be complied/ discharged through national mechanisms, namely

•domestic space legislations. Basic tenets of treaty obligations, namely,

•‘bearing International responsibility’ and ‘liability for damages caused by

•space activities and space objects’ are more applicable to a State Party,

•where space activities are performed by non -governmental/ private

sectors.Hence, non -governmental space activities are required to be

•licenced/ authorized and continuously supervised by a State in order to

•comply with treaty obligations.

SECTION Section 8

Untitled Section

6.A few space faring nations such as USA, Russia, Ukraine, Republic of

•Korea and other nations engaged in space activities , such as , South

•Africa, Unit ed Kingdom, Indonesia, Austria, etc. have formulated

•domestic space legislations. Japan and China are in the process of

•formulating their national space act. France has a Space Authorization

•Act for providing commercial space activities through Arianespace.

SECTION Section 9

Untitled Section

7.India is a State Party to major treaties of UN on outer space activities

•and has been p erforming space activities in compliance with the

•obligations of UN Treaties on Outer Space activities under

•Governmental envelope.

III.Need for Space Act in India: