JANT-PALI, MAHENDRAGARH (HARYANA) PIN: 123031

LAW AND POLICY FOR MAPS AND REMOTE SENSING DATA

Mapping the Legal Journey of Geospatial Data: Past

to Present

Prepared by: Submitted to:

Akhilesh Kumar Dr. Kajal K Mandal

M. Sc. Geoinformatics Assistant Professor

Roll no.: 232838 Deptt. Of Geography

 OBSERVATION

Course Title: Research Methodology and Report Writing

Course Code: SBS GEO 3 2 08 C 3104

Submitted To: Submitted By:

Dr. Kheraj Akhilesh Kumar
Department of Geography M. Sc. Geoinformatics
School of Basic Sciences Roll No.: 232838

CENTRAL UNIVERSITY OF HARYANA

JANT- PALI, MAHENDRAGARH (123031)
Session – 2023-24
 CONTENTS

1. Introduction
2. Evolution of legal policies

3. Establishment of Survey of India (1767)

4. Before independence

5. 1965 order

6. National Map Policy, 2005

7. Guidelines For Implementing National Map Policy

8. Remote Sensing Data Policy (RSDP), 2011

9. Civil Aviation Rules (2012)

10.National Data Sharing and Accessibility Policy-2012

11.Introduction of the Geospatial Information Regulation Bill, 2016

12.National Geospatial Policy, 2016

13.The 2021 Guidelines
14.National Geospatial Policy, 2022
15.Conclusion
 Mapping the Legal Journey of Geospatial Data: Past to Present

Introduction
“Maps, like faces, are the signature of history.” – Will Durant
Throughout the course of history geospatial information has played an important role in technological,
economic, political and cultural dimensions of the human society. With technological developments
taking place, the field of mapping – that is collection, analysis, and representation of geospatial data –
is continuously evolving. On the face of it, creation of geospatial data seems to be an exclusive scientific
and technological matter. However, the political and economic facets of geospatial data are often as
predominant and complex as its scientific practice. Continuing from the colonial era, the political facet
of mapping emerged significantly in the public discourse from the 1990s onwards as digital
technologies amplified the ability of non-governmental actors to collect, generate, and share geospatial
data, in the form of maps or otherwise . This 'democratisation' of the ability to map and share
private/user-generated maps structurally undermined the government's ability to have an authoritative
and universal voice when it comes to geospatial depiction of the nation and its various components.
Similar to the other upsurges in the digitized world, which is often followed by an introduction of legal
provisions in order to keep access to and use of digital data under mechanisms of monitoring and
permission, mapping in India has also has subsequently been governed under policies addressing both
terrestrial mapping and remote sensing. Concerns of national security, naturally, have driven much of
these policies.

Evolution of legal policies:

“We know every inch of the nation, because we map every inch of it!”
– Survey of India

Aforementioned slogan adopted by the primary organization responsible for mapping all
geospatial data in India indicates the importance of the geospatial data and mapping the same.
While it indicates the importance of having access to mapping data in order to be aware of the
geospatial features of one’s country, it also cleverly reveals the vulnerability that having access
to mapped data brings. The phrase can be said to imply that mapping every inch of the country
leads to information about every inch of the nation which is useful if in the hands of government
agency but repugnant to security if in the hands of external agencies. This conflict between
access to information about the country and the security concerns arising from such an open
access has led to a rich evolution of legal policies governing the same.
Establishment of Survey of India (1767):
Set up in 1767, Survey of India (hereinafter “SOI”) was required to map the terrains of India
to fulfill the commercial and political convenience of the East India Company.
Before independence:
During these colonial times, maps were considered to be essential for governmental purposes
and thus their dissemination to unauthorized persons was barred by Clause 5 of the Official
Secrets Act, 1923. Thus, till 1950s mapping was being governed by the colonial provisions
which maps restricted to official use only.
After independence:
With independence, the functions of the SOI shifted mainly towards providing information for
the defence forces.
1965 order:
An important change came in the form of orders and notifications by Ministry of Defence
(hereinafter “MOD”) during 1960s, the major one being the 1965 order that permitted
distribution of maps of scale 1:4 M.
The Map Restriction Policy of the MOD, however, imposed categorical restrictions on sharing
of maps, aerial photos, and all geophysical data for various parts of India - with a focus on
international border areas in the North-Eastern state, and the coastal zone that included several
large cities like Chennai, Kochi, Kolkata, and Mumbai.
Dr. Manosi Lahiri notes that "[t]his had a far reaching effect on the mapping culture of
independent India and perpetuated the perception among many that maps were a security
threat".
SOI under DST:
By 1971, however, the functions of SOI extended to catering to inter alia all development
activities and was hence brought under the ambit of Department of Science and
Technology (DST).

National Map Policy, 2005

However, the catalytic transformation came in the form of National Map Policy, 2005 which
made SOI the nodal governmental agency for dealing with all processes involving geospatial
data.
The National Map Policy, 2005 (hereinafter, “NMP”) was announced by the Central
Government on May 19, 2005. The preamble of the policy identifies the importance of high
quality spatial data in various facets such as socio-economic development, conservation of
natural resources, infrastructure development etc.
Topographic map database constitutes the foundation of all spatial data and its production,
maintenance, and dissemination has been assigned as a responsibility to SOI, which is to
"liberalize access" to spatial data without compromising upon security concerns. Thus, the
conflict between national security and right to have access to information regarding one’s
country is clearly highlighted in the policy as a need for enactment of the same. Thus, the policy
objectives include access to National Topographic Database (NTDB) and promotion of
geospatial based intelligence, subject to confirmation to national standards of SOI.
In order to realize the security concerns, inter alia, a dual-classification was created amongst
the maps, namely - i) Defence Series Maps (“DSM”) and ii) Open Series Maps (“OSM”).
While the former constitutes of topographical maps that mainly cater to defence and security
requirements of the country, the latter supports developmental activities. Hence, DSMs
whether in analogue or digital form, fall under the classified category and the power to issue
guidelines pertaining to their use vests digit mainly for developmental purposes, they are not
openly accessible by ipso facto and need to gain the ‘unrestricted’ tag after clearance from
MOD. A table specifying the distinction between DSMs and OSMs in detail has been provided
below:

Sub-Topic Defence Series Maps (“DSM”) Open Series Maps (“OSM”)

The maps under this series cater to The maps under this series are useful in
Why are these
defence and security requirements supporting various developmental
maps used?
of the country. activities in the country.

Everest/WGS-84 Datum and

What are the Polyconic/UTM Projection) on In UTM Projection on WGS-84 datum,
technical various scales (with heights, bearing different map sheet numbers. (And
classifications? contours and full content without as provided in Annexure B of the NMP)
dilution of accuracy).

Both hard copy and digital form will

Maps (in analogue or digital
Who can use these become “Unrestricted” after obtaining a
forms) for the entire country will
maps? one-time clearance of the Ministry of
be classified.
Defence.

Guidelines regarding the use of OSMs will

be formulated by SOI regarding aspects
Guidelines regarding the use of
How can the maps like procedure for access, further
DSMs will be formulated by the
be used? dissemination /sharing, ways and means of
Ministry of Defence.
protecting business and commercial
interests of SOI etc.

While the DSMs are completely classified, restrictive provisions regarding usage and
dissemination of OSMs have also been incorporated in the policy. OSMs are not allowed to
show any civil and military Vulnerable Areas and Vulnerable Points (VA’s/VP’s). OSMs on a
scale larger than 1:1 needs to be disseminated either by sale or an agreement, which will allow
the agency to add its own value to the maps obtained, and to share these maps with others.
The primary transaction between SOI and the agency as well as all the subsequent transactions
between the agency and other users have to be registered in the Map Transaction Registry for
records. While the Map Transaction Registry forms an important part of the NMP, no such
registry information has been made available on the official website of SOI.
The policy allows users to publish maps on hard copy or web (with or without GIS interface)
subject to a certification from SOI in case of depiction of international boundaries. The policy
also upholds the validity of the previous MOD notifications pertaining to mapping subject to
the modifications introduced by the policy and authorises SOI to issue further guidelines
corresponding to the policy.
 GUIDELINES FOR IMPLEMENTING NATIONAL MAP POLICY
Under the powers vested by the NMP, SOI has issued detailed clarificatory guidelines in
furtherance of the policy. The restrictions arising on mapping of geospatial data can be
attributed to two major factors namely, Security concerns and Copyright provisions. Under the
guidelines, copyright of both digital and analogue maps has been vested with the SOI. Penal
consequences have been mentioned as a result of violation of SOI’s copyrights. In furtherance
of security concerns, the guidelines uphold the Ministry of Finance (Department of Revenue)
Notification No. 118-Cus./F.No.21/ 5/62-Cus. I/VIII dated 4th May 1963 which prohibits the
export of all maps/digital data in 1: 250K and larger scales through any means. Digital
Topographical data has been an exclusive licensing domain of only Indian individuals,
organisations, firms or companies.
While paper maps can be accessed from SOI offices against payment of price, digitisation of
maps has been strictly made forbidden by the guidelines. Ownership of digital data has been
vested completely with the SOI and can only be gained against payment after application
through a specified proforma.

Remote Sensing Data Policy (RSDP), 2011

In 2011, the confusion pertaining to applicability of NMP to both territorial and satellite
mapping was resolved with the release of the Remote Sensing Data Policy (RSDP). The policy
recognized the importance of remote sensing data and noted that it was largely used by
government and non-government users from Indian and foreign remote sensing satellites.
However, again banking upon the need for security considerations, the policy was released
with the purpose of “…managing and/ or permitting the acquisition/dissemination of remote
sensing data in support of developmental activities". Department of Science (DOS) was made
the nodal government agency for all actions pertaining to remote sensing data under the policy.
A basic perusal of the policy indicates a parallelism between the RSDP and the NMP. Thus,
similar to NMP, RSDP assures of a government managed Indian Remote Sensing Satellites
(IRS) Programme, the data produced by which will be solely owned by the government and
other users could only be provided with licences if need be. Any attempt at acquiring and/or
dissemination of remote sensing data within India requires permission through the nodal
government agency. National Remote Sensing Centre (NRSC) of the Indian Space Research
Organisation (ISRO)/ DOS is vested with the authority to acquire and disseminate all satellite
remote sensing data in India, both from Indian and foreign satellites. NRSC is also supposed
to maintain a systematic National Remote Sensing Data Archive, and a log of all acquisitions/
sales of data for all satellites. Thus, nodal government agencies were created for both terrestrial
mapping and satellite imagery, former being SOI and latter NRSC.

Civil Aviation Rules (2012)

Aerial instruments and aircrafts act as important instruments for geophysical surveys and
mapping. Thus, this area does not go ungoverned. While, till date, India doesn’t impose an
explicit bar on foreign registered aircraft overflying its territory for aerial photography and geo-
physical survey, the same is subject to prior clearance under rule 158 and 158A of the Aircraft
Rules, 1937 on account of safety and security concerns, the procedure for which has been given
under Civil Aviation Rules (CAR). CAR is applicable to inter alia agencies undertaking aerial
photography, geophysical surveys etc. An application is required to be made as per Annexure
E which inter alia requires confinement of photography/sensing to the exact area as applied
and cleared by the Ministry of Defence. The application is forwarded by DGCA to the Ministry
of Defence and other agencies responsible for issuing NOC.
DGCA’s restrictions extends to voluntary geographic information with prohibition of civilian
drones in India. Unmanned drones are an important equipment used for the purpose of
collecting geo-spatial data. The ban on flying drones in India exist from October, 2014 but is
not in common knowledge. While it is argued that drones could harm people and lead to
chances of crashing, the major argument has always been the use of drones by anti-national
elements to peruse sensitive places for plotting terror attacks. While there is an ambiguity
regarding using drones in India, flying drones over defence establishments and historical places
is completely banned. Thus, civilians using drones for clicking pictures of monuments etc. have
often been confronted by the police.

National Data Sharing and Accessibility Policy-2012

Need for the Policy:
Evidence-based Planning of socio-economic development processes rely on quality data. There
is a general need to facilitate sharing and utilization of the large amount of data generated and
residing among the entities of the Government of India. This would call for a policy to leverage
these data assets which are disparate. The current regime of data management does not enable
open sharing of Government owned data with other arms of the government nor does it expect
proactive disclosure of sharable data available with data owners. Such regimes could lead to
duplication of efforts and loss of efficiency of planning of activities focused on national
development. Efficient sharing of data among data owners and inter and intra governmental
agencies and with public calls for data standards and interoperable systems. Hence, National
Data Sharing and Access Policy aims to provide an enabling provision and platform for
providing proactive and open access to the data generated through public funds available with
various departments / organizations of Government of India.
Objectives:
The objective of this policy is to facilitate the access to Government of India owned shareable
data and information in both human readable and machine readable forms through a network
all over the country in a proactive and periodically updatable manner, within the framework of
various related policies, Acts and rules of Government of India, thereby permitting a wider
accessibility and use of public data and information.
Benefits of the data sharing policy:
 Maximising use: Ready access to government owned data will enable more extensive
use of a valuable public resource for the benefit of the community.
 Avoiding duplication: By sharing data the need for separate bodies to collect the same
data will be avoided resulting in significant cost savings in data collection.
 Maximised integration: By adopting common standards for the collection and transfer
of data, integration of individual data sets may be feasible.
 Ownership information: The identification of owners for the principal data sets provide
information to users to identify those responsible for implementation of prioritized data
collection programs and development of data standards.
  Better decision-making: Data and information facilitates making important decisions
without incurring repetitive costs. Ready access to existing valuable data is essential
for many decision making tasks such as protecting the environment, development
planning, managing assets, improving living conditions, national security and
controlling disasters.
 Equity of access: A more open data transfer policy ensures better access to all bonafide
users.

Data Classification
Different types of data sets generated both in geospatial and non-spatial form by different
ministries /departments are to be classified as shareable data and non-shareable data. The
types of data produced by a statistical system consist of derived statistics like national accounts
statistics, indicators like price index, data bases from census and surveys. The geospatial data
however, consists primarily of satellite data, maps, etc. In such a system, it becomes important
to maintain standards in respect of metadata, data layout and data access policy. All
departments / ministries will prepare the negative list within six months of the notification of
the policy, which will be periodically reviewed by the oversight committee.
Types of Access
1. Open Access: Access to data generated from public funding should be easy, timely,
user friendly and web-based without any process of registration / authorization.
2. Registered Access: Data sets which are accessible only through a prescribed process of
registration / authorization by respective departments / organizations will be available
to the recognized institutions / organizations / public users, through defined procedures.
3. Restricted Access: Data declared as restricted, by Government of India policies, will be
accessible only through and under authorization.
Technology for sharing and access:
A state-of-the-art data warehouse and data archive with online analytical processing (OLAP)
capabilities, which includes providing, a multi-dimensional and subject oriented view of the
database needs to be created. This integrated repository of data portals of various ministries /
departments as a part of data.gov.in, will hold data and this repository over a period of time
will also encompass data generated by various State Governments and UTs.
The main features of the data warehouse need to include:
(a) User friendly interface (b) Dynamic / pull down menus (c) Search based Report (d) Secured
web access (e) Bulletin board (f) Complete Metadata (g) Parametric and Dynamic report in
exportable format.
Legal framework:
Data will remain the property of the agency/department/ ministry/ entity which collected them
and reside in their IT enabled facility for sharing and providing access.
Access to data under this policy will not be in violation of any Acts and rules of the Government
of India in force.
Legal framework of this policy will be aligned with various Acts and rules covering the data.
Pricing:
Pricing of data, if any, would be decided by the data owners and as per the government policies.
All Ministries / Departments will upload the pricing policy of the data under registered and
restricted access within three months of the notification of the policy. A broad set of parameters
would be standardized and provided as guidelines for the use of data owners.
Implementation:
a) The Department of Science & Technology serving the nodal functions of coordination and
monitoring of policy through close collaboration with all Central Ministries and the
Department of Information Technology by creating data.gov.in through National Informatics
Centre (NIC).
b) All sharable data will be made available on ‘as-is where-is’ basis.
c) Detailed implementation guidelines including the technology and standards for data and
metadata would be brought out by Department of Information Technology, Government of
India.
d) All the data users who are accessing / using the data shall acknowledge the ministry /
department in all forms of publications.
e) All Ministries/Departments will upload at least 5 high value data sets on data.gov.in within
three months of the notification of the policy.
f) Uploading of all remaining data sets should be completed within one year
g) Thereafter, all data sets are to be uploaded regularly every quarter.
h) data.gov.in will have the metadata and data itself and will be accessed from the portals of
the departments/ministries.
i) The metadata in standardized formats is to be ported on data.gov.in which enables data
discovery and access through departmental portals. All metadata will follow standards and will
minimally contain adequate information on proper citation, access, contact information, and
discovery. Complete information including methods, structure, semantics, and quality
control/assurance is expected for most datasets.
j) Government will design and position a suitable budgetary incentive system for data owners
for increasing open access to the sharable data.
k) An oversight committee will be constituted for facilitating the implementation of the policy
and its provisions thereof
l) Department of Information Technology will constitute a coordination committee for
implementation.
Budget Provisions
The implementation of National Data Sharing and Access Policy is expected to entail
expenditures for both data owners and data managers for analog to digital conversion, data
refinement, data storage, quality up-gradation etc. Budgetary provisions and appropriate
support for data management for each department / organization by Government of India would
be necessary.
 Introduction of the Geospatial Information Regulation Bill, 2016
In 2016, the Ministry of Home Affairs proposed the enactment of the Geospatial Information
Regulation Bill, 2016 ("Bill") to regulate the acquisition, dissemination, publication, and distribution
of geospatial information of India which could affect the security, sovereignty and integrity of the
country. Some of the notable features of the Bill are listed below:

Definition of 'Geospatial Information: The Bill defined 'geospatial information' to mean geospatial
imagery or data acquired through space or aerial platforms such as satellite, aircrafts, balloons, or
graphical or digital data depicting natural or man‐made physical features, phenomenon, or boundaries
of the earth or any related information including surveys, charts, and maps.

Restrictions on Acquisition and Dissemination of Geospatial Information: The 2016 Bill proposed the
establishment of a Security Vetting Authority ("SVA") to vet the security of geospatial information of
India. Acquisition of geospatial information would require the prior approval from the SVA. Further,
persons who had already acquired geospatial information would be required to seek approvals from
the SVA and obtain a licence in this regard.

Similarly, the dissemination, publication, distribution, and visualisation of geospatial information

through internet platforms or online services would also be prohibited without the general or special
permission of the SVA. This restriction would extend to the dissemination, publication, or distribution
of geospatial information of India outside the country, as well.

Penalties Imposed Under the Bill: The Bill further imposed penalties in case of non-compliance with
its provisions which included both fines ranging between INR 1,00,00,000 (INR 1 crore) and INR
100,00,00,000 (INR 100 crore) and imprisonment, depending on the nature of the offence.The
approach adopted by the Bill was predominantly in line with its predecessors, as it imposed numerous
restrictions on the production and dissemination of geospatial data by private entities including severe
penalties for non-compliance. This effectively hindered private entities from entering this sector and
affected ride-availing apps and other platforms that provided geo-location based services.

National Geospatial Policy, 2016

Principles:

 Geospatial data of any resolution being disseminated through agencies and service providers, both
internationally and nationally be treated as unclassified and made available and accessible by Indian
Mapping and imaging agencies.

 Geospatial data and information be made available in both human readable and machine readable
form over web and mobile platforms in an obligatory and time bound output oriented manner, without
compromising national security.

 Enable promotion, adoption and implementation of emerging / state of the art technologies for data
acquisition, product generation, solutions and services based on geospatial data.

 A very high resolution and highly accurate framework to function as a national geospatial standard
for all geo-referencing activity through periodically updated National Geospatial Frame [NGF] and
National Image Frame [NIF] by ensuring open standards based seamless interoperable geospatial
data.. This would facilitate exchange of geospatial data amongst geospatial data stakeholders for
implementation of policies, standards and technology
 A level playing field for both government and private sectors for ease of business and proactively
engaging them in various spheres of geospatial domain.

 Availability of all geospatial data collected through public funded mechanism to all users, and to
government agencies at no cost.

Objectives:

The objective of the policy is to empower people through GDPSS. This would involve creation,
management, access, sharing and dissemination of quality assured products, services and solutions
through standards to enable government, academic, private organizations and NGOs more effective
economic and social benefits.

Applicability:

The Policy covers all products, solutions, and services using geospatial data in supersession of the
above policies to the extent stated in this policy.

The policy is applicable to geospatial data based products, solutions and services offered by
governments, private organizations, NGOs and individuals.

Access of geospatial data:

All geospatial data generating agencies will classify the geo-spatial data, products, solutions and
services into restricted, unrestricted and open based on features and not on geographies .

a. Open Access: Access to GDPSS be easy, timely, user-friendly and web / mobile platforms based
without any process of registration / authorization.

b. Registered Access: GDPSS which are accessible only through a prescribed process of registration /
authorization will be available through defined procedures. The users be required to register through
the web / mobile. Requisite fee, if any needs to be paid through the payment gateway.

Two types of access is proposed under the registered access

 Automatic registered access

 Authorized registered access

b.1 Automatic registered access:-Under this a user needs to fill in the details of registration and an
automatic user id / password is generated for use. In this no authorization is given but the id is
generated automatically.

b.2 Authorized registered access:-Under this class the registration is done after duly verifying the
details submitted by the user. This could be for a limited period or for select datasets as required.

c. Restricted Access GDPSS classified as restricted, will be accessible only through and under
specific authorization.

All Government Departments to catalogue, maintain and update the geospatial data in a phased
manner to facilitate easy and uninterrupted access of such data.
Standards and Quality:

All GDPSS should conform to national and international standards such as BIS, [LITD22], NSDI,
ISO and OGC. Facilitation for certification of Quality and Accuracy of GDPSS be done through an
independent agency [National Geospatial Accreditation Bureau]for accreditation and quality
assurance.

Implementation Guidelines:

 GDPSS should be provided in the standard formats that are needed by the user.

 All clearances / permits, as necessary, for data acquisition and dissemination be through a single
window, online portal. These clearances be provided within a time span of 30 days of filing the online
request. Otherwise, the clearance is deemed to have been issued.

 As classification is to be done based on features, existing area restrictions will cease for all
resolutions (scales). Printed maps will have features obliterated, if classified.

 Cyber security is to be ensured through appropriate methods, including use of Digital Watermarks
for authentication of GDPSS.

 Satellite / aerial images of resolution other than those currently made available on websites can only
be classified for restricted access.

 For GDPSS, there shall not be any restriction on data acquisition, value addition and dissemination
for any of the geographical areas outside the country.

 NGF and NIF will be made available expeditiously through India Geoportal as the foundation data
for all geospatial activities to facilitate convergence, commonality and interoperability.

 Ground based data collection for surveying, mapping and attributes be permitted as per the
guidelines to be made available. Technologically, a Continuously Operated Reference Stations
network (CORS) be available with access control based on accuracy as specified in Para 1.6 above.

 International commitments and treaties be taken into consideration while classification of GDPSS
and access guidelines are issued.

 NGP detailed implementation guidelines will include the do’s and don’ts, technical details (like
datum, projections etc) and good practices for GDPSS including issues related to national security.

 Role of private sector in all spheres of geospatial domain is recognised and be utilized. This would
be facilitated by guidelines and templates for partnership with geospatial industry.

 To strengthen the research and capacity building in geospatial technology in private sectors, NGP
will ensure their active participation in application development.

 Mechanisms to be put in place to evaluate / audit GDPSS creation, consumption and distribution. A
framework to be put in place to assess the data collection versus its utilization towards government
program and socioeconomic development.

 A programme be launched to encourage innovation and start ups looking into geo value chain for
development of apps.
 NGP encourages technology independent solutions for inclusive development. National Geospatial
Policy 2016 5

 Data duplication and data deluge be avoided and mechanisms for data discovery through Metadata
and Catalogue services be made available.

 Revenue generated through data taxation (geospatial cess), licensing etc be ploughed back into
geospatial activities.

 GDPSS will be inclusive of all emerging and contemporary technologies such as UAVs, LIDAR,
Mobile Mapping, Terrestrial LIDAR, GPR, crowd sourcing and geospatial cloud, etc.

Pricing of Shared Geospatial Data:

Government institutions / agencies are mandated to make geospatial data available to all other
government institutions / agencies at no cost. For others pricing of data will be decided by the
respective data owners in a rational manner. All Departments to form a Data Dissemination Cell
(DDC) for sharing and publishing of geospatial data on their web portal.

Capacity building:

A National Geospatial University be created to strengthen research, education and training in the
domain of GDPSS. The geospatial industry would need to play an active role in this endeavour along
with the government .

Legal Aspects:

All the Geospatial data generating agencies / departments will adhere to the provisions available
under the policies i.e. (i) IPR / Copyright and neighbouring rights, (ii) Data Protection, (iii)
Confidentiality/ Data privacy, (iv) Competition Law, (v) Licensing, (vi) Consumer protection / fitness
for purpose, (vii) Product and services liability, (viii) Censorship and other information content
related issues, (ix) Health and safety legislation, and (x) Patent law to be covered under various Acts
such as IT Act, RTI, National Cyber Security Policy etc.

Partnerships with Industries:

Formation of a public-private partnership mechanism to harness industry and government

participation to enable utilization of expertise and resources available outside the government for
realization of national objectives of inclusive growth and development.

Budget provision:

All government department must use GIS technologies for better decision making and efficient
project management. Towards this a GIS cell must be created with adequate infrastructure and trained
technical staff. Data requirements where necessary for initial seeding could be provided by DST to
facilitate the creation. A Geospatial Advisory Cell would be created by DST to facilitate this process.
For effective and efficient implementation of this Policy a separate budget provision be made in each
department / ministry to ensure effective utilization of GDPSS. Exclusive budget provisions be made
in the nodal ministry for online clearance / permit mechanisms.
 The 2021 Guidelines
Due to the significant criticism of, and opposition to, the Bill from the private sector, the Government
on 15 February, 2021 changed its stance on the regulation of geospatial and map data and published
new guidelines ("Guidelines") with the objective of creating a liberal geospatial data policy.

The Guidelines issued by the DST apply to geospatial data, map data, products, solutions, and
services offered by government agencies, autonomous bodies, academic and research institutions,
private organisations, NGOs, and individuals.

The Guidelines supersede all previous guidelines and policies issued by the DST, the MOD, and any
other government department, and are intended to be the single point of reference on the subject.
Some of the key changes found in the Guidelines are highlighted below.

Definition of geospatial data simplified: The Guidelines define geospatial data as any positional data
with or without any attribute data tagged, whether in the form of images, videos, vector, voxel, or
raster datasets, or any other type of geospatial dataset in digitised or non-digitised forms or web-
services. The Guidelines further define map data as a symbolic representation of real-world objects,
regions, or themes on a given scale, which was generally published in paper form but may now also
be available as web-map-service.

Restrictions on acquisition and dissemination of geospatial data removed: The Guidelines have
completely de-regulated the sector. Companies no longer requires prior approval, security clearances,
or licences from any authority for the collection, generation, preparation, dissemination, storage,
publication, updating, or digitisation of geospatial data and map data within Indian territory. Private
entities are now free to process such data and build applications and solutions in relation to such data.
Self-certification mechanisms should be used to demonstrate adherence to the Guidelines.

However, the DST will identify and publish a negative list of sensitive attributes that would require
regulation prior to acquisition or usage. This will include attributes that cannot be marked on any
map.

Data localisation and exporting requirements: The Guidelines specify a threshold value for on-site
spatial accuracy (i.e., one meter for horizontal or planimetry and three meters for vertical or
elevation).

Maps and geospatial data that have a spatial accuracy or value finer than this threshold value can only
be created and owned by Indian entities and have to be stored and processed in India. Digital maps
and geospatial data of spatial accuracy or value up to the threshold value can also be uploaded to the
cloud (which may be located outside India) but if the accuracy is finer than the threshold value, it has
to be stored and processed on a domestic cloud or on servers physically located in India.

The Guidelines do not restrict the export of maps and geospatial data that have a spatial accuracy or
value up to the threshold value, except for attributes in the negative lists. However, where the spatial
accuracy or value is finer than the threshold value, foreign companies and foreign owned or controlled
Indian companies can license such digital data from Indian entities solely for the purpose of serving
customers in India. Access to such data should only be made available through APIs that do not allow
such data to pass on to the foreign entity or its servers. Further, these entities are prohibited from re-
using or reselling such data.

Standardisation of SOI border maps of India: For political maps of India of any scale including
national, state and other boundaries, the Guidelines identify SOI published maps or SOI digital
boundary data as the standard to be used. This would be made freely accessible and entities would
now be permitted to digitally display, print, and publish such maps provided they adhere to these
standards.

NATIONAL GEOSPATIAL POLICY, 2022

The National Geospatial Policy, 2022 (the Policy) is a citizen-centric policy that seeks to strengthen the
Geospatial sector to support national development, economic prosperity and a thriving information
economy. The Policy builds on conducive environment generated by the “Guidelines for acquiring and
producing Geospatial Data and Geospatial Data Services including Maps” dated 15.02.2021 (the
Guidelines), issued by Department of Science and Technology (DST), Government of India (GoI).
While the Guidelines deregulated the Geospatial sector by liberalizing Geospatial data
acquisition/production/ access, the Policy takes it further by laying down an overarching framework for
holistic development of the Geospatial ecosystem. It spells out the vision, goals for the Geospatial sector
and outlines the strategies for achieving them. It seeks to develop Geospatial infrastructures, Geospatial
skill and knowledge, standards, Geospatial businesses, promote innovation and strengthen the national
and sub-national arrangements for generation and management of Geospatial information. The
Geospatial data acquisition/production/access will continue to be governed by the Guidelines in its
present form or as stipulated by DST from time to time with an aim to promote private sector
participation through continued enhancements of Ease of Doing Business in the sector.
Vision and Goals:

 To make India a World Leader in Global Geospatial space with the best in the class ecosystem
for innovation.
 To develop a coherent national framework in the country and leverage it to move towards digital
economy and improve services to citizens.
 To enable easy availability of valuable Geospatial data collected utilizing public funds, to
businesses and general public.
 To have a thriving Geospatial industry in the country involving private enterprise.
Strategy and Approach:
The focus of the Policy is to make Geospatial technology and data as agents of transformation for
achieving the Sustainable Development Goals (SDGs), bringing efficiency in all sectors of economy
and instilling accountability and transparency at all levels of governance.
Atmanirbhar Bharat: The Policy recognizes the importance of locally available and locally relevant
Maps and Geospatial Data in improved planning and management of resources and better serving the
specific needs of the Indian population. The Policy aims to create an enabling ecosystem thereby
providing a conducive environment to Indian Companies that will enable them to make India self-reliant
in producing and using their own Geospatial data /information as also compete with foreign companies
in the global space.
Integrated Geospatial Information Framework (IGIF): The Policy seeks to draw on international best
practices, such those of United Nations Committee of Experts on Global Geospatial Information
Management (UN-GGIM) including the IGIF, to strengthen national-level spatial information
management arrangements across our country.
Data and Information & Communications Technology (ICT) Infrastructure: Building on the existing
Data Holdings and ICT Infrastructure, the Policy will promote establishment of a Geospatial data
infrastructure, which through well-defined custodianship model and data supply chain, will enable best
practices in collection and management of Geospatial data/information and availability of quality, real
/near-real time data/information that will be appropriate to ensure cross sector and multidisciplinary
collaboration involving all stakeholders.
Innovation: The Policy will enable and support innovation, creation and incubation of ideas and start-
up initiatives in the Geospatial sector that will enable leapfrogging from outdated regulations,
technologies and processes, bridging the Geospatial digital divide and capitalizing on the opportunities
arising out of continually evolving Technology.
Standards: The Policy will encourage open standards, open data and platforms. It will promote
establishment and adoption of best practice standards and compliance mechanisms for enabling data
and technology interoperability to deliver integrated Geospatial information and location-based
knowledge creation.
Capacity Development: The Policy will encourage enduring capacity development and education
programs so that the value and benefits of integrated Geospatial information management is sustained
in the long term. It will also aim at the spread of Geospatial thinking and education to the young minds
from school level onwards wherein there would be standardization and certification of courses and skill
sets in line with the global best practices.
Ease of Doing Business: Continued liberalization in line with the Guidelines will be carried out and
supported.
Democratization of Data: The Survey of India (SoI) topographic data and other Geospatial Data
produced using public funds would be treated as common good and be made easily available.
Role and Organization of SoI
While SoI will continue to be the overarching nodal agency for Geospatial Data, only the generation/
maintenance of minimal foundational data/ core functions would be performed by Sol. SoI yam ysla
involve private sector and other surveying entities such as GSI, FSI, etc.
Amongst the 14 National Fundamental Geospatial Data Themes, Geodetic Reference Frame,
Orthoimagery and Elevation are most pivotal because together they provide the Geodetic and Digital
Spatial Framework that act as common reference (X,Y,Z) for the assembly and maintenance of data
pertaining to all other Fundamental and Sectoral Data Themes. When interpreted, Ortho-imagery and
Elevation act as the source for many other Fundamental and Sectoral data.
SoI would be responsible for maintaining Geodetic Reference Frame, Orthoimagery, Elevation (DEM),
Functional Areas (Administrative Boundaries) and Geographical Names (Toponymy) in collaboration
with various stakeholders including the private sector by suitably aligning with the priorities of the
Government, while adhering to the Goals set out in the Policy.
While within the government SoI would play the lead role for maintaining high resolution /high spatial
accuracy Orthoimagery, private sector will be free to take up creation, maintenance and use of such
data suitable to their requirements. Department of Space will similarly play the lead role for generating
Orthoimagery of high temporal accuracies using space-based technology.
For creation and maintenance of remaining National Fundamental Geospatial Data Themes, nodal
ministries have been given at Annexure III. Ministries/Departments would increasingly engage with
private sector to meet their requirements. They will bear the cost for the creation and development of
Geospatial Data required by them and they must explore procurement of Geospatial services on their
own under the liberalized Geospatial regime, rather than use Sol as an intermediary.
SoI will act as facilitator in harmonization of the data sets created using public money to ensure that
data generated from various mapping activities by various stakeholders get seamlessly integrated into
Geodetic Reference Framework and develop a mechanism to facilitate consolidation of the data sets
into the national topographic template to meet the demand of periodically updated, high-resolution and
accurate topographic data for the country.
The organizational structure of SoI would be aligned with the changed Geospatial data regime, with
focus on facilitating and nurturing a vibrant domestic Geospatial services industry. SoI would be
transformed into a fully civilian organization. Defence stream of recruitment in SoI would be
discontinued and defence stream officers seconded to SoI would be permanently reverted to Military
Survey, Ministry of Defence.
Role of Private Sector:
While there are nodal Ministries/Departments for each of the National Fundamental Geospatial Data
Themes, this does not imply that the entire work has to be necessarily done departmentally or through
SoI or only government/public sector entities. Actual collection and collation of data and development
of Data Themes would be increasingly done with private sector participation consistent with February,
2021 Guidelines. Needs and requirements of the citizens related to various Geospatial/location-based
solutions will predominantly be serviced by the private sector, with SoI and nodal ministries/agencies
of various Geospatial Data Themes in a facilitative role. The Private Sector will play a key role in
creation and maintenance of Geospatial and mapping Infrastructures, innovations and process
improvements and monetization of Geospatial data.
Functions:
GDPDC shall be the apex national body for formulating and implementing appropriate guidelines,
strategies and programs for promotion of activities related to collection, generation, preparation,
dissemination, storage, publication, updating and/or digitization of Geospatial data along with
associated products, solutions and services. It shall take measures to foster innovation, provide
leadership and coordination, and promote standards necessary to strengthen Geospatial information
management so that they can be used to find sustainable solutions to emerging development and security
challenges facing the nation. DST shall be the nodal Department of the Government and GDPDC shall
make suitable recommendations to DST in this regard as detailed below:
(i)Lead the establishment and management of an IntegratedGeospatial Information Infrastructure
to support on-demand provision of Geospatial data/ information/ knowledge services towards
guiding development and security-related strategies at different levels of the governance hierarchy;
(ii) Determine and decide the Geospatial data needs of the country and require the creation and
collection of such data to meet those needs;
(iii) Establish a mechanism for active engagement of all the stake holders including Governments,
Industry, Academia, NGOs for development of standards, information infrastructure including ICT
frameworks and innovation;
(iv) Periodically review and update National Fundamental and Sectoral Data Themes;
(v) Designate one or more Central or State Level Partnering Agencies as Lead Agencies for
managing each identified National Fundamental or Sectoral Data Theme with appropriate private
sector participation;
(vi) Periodically review the duties and responsibilities of the Lead Partnering Agencies and their
operational aspects as per the National Geospatial Policy;
(vii) Objectively assess each Lead Partnering Agency on the basis of its annual performance report
submitted to the Committee to determine its progress and achievements in delivering the required
data service;
(viii) Recommend an audit of compliance and standards of Geospatial data and services of
Partnering Agencies towards their obligations and responsibilities, wherever deemed appropriate
and bring it to the notice of the Competent Authority;
 (ix) Get operationalized the National Geospatial Data Registry and the Unified Geospatial Interface
and lay appropriate rules and procedures for the upscaling and maintenance of its servers, networks
and accessibility to their service;
(x) Develop, promulgate, and review the standards for the National Fundamental and Sectoral Data
Themes through the Bureau of Indian Standards (BIS) and their adoption by the Partnering
Agencies;
(xi) Support and promote the infrastructure of networks, systems, services, and standards that
provide a digital representation of the Earth to users for various applications;
(xii) Promote and enable investment in the Geospatial sector and create a conducive environment
that encourages competitive excellence in providing Geospatial data, applications, services and
solutions;
(xiii) Promote the development of human resources in the Geospatial sector;
(xiv) Decide on issues arising out of finalization of negative attribute lists and frame regulations on
those attributes;
(xv) Assess the adequacy of existing legal and regulatory frameworks to deal with enforcement of
provisions of the National Geospatial Policy and related guidelines, and suggest strategies for
overcoming shortcomings, if any, in their enforcement;
(xvi) Coordinate with international organizations having a stake in the development and utilization
of the National or Global Geospatial Information Infrastructures to address challenges in various
domains of development and security;
(xvii) Aid and advice the Central Government on matters related to the National Geospatial Policy;
(xviii) Publish articles or reports related to Integrated Geospatial Information Infrastructure and
business growth;
(xix) To do all such acts as may be necessary, beneficial or desirable for the promotion and
achievement of objectives of the National Geospatial Policy.

Conclusion:
Though, regarding mapping and geographical data laws were there but all the geographical data
were restricted to the official use only. Gradually, it started being in use in defence services for
servillance and security purposes and it had been felt that it has to be come in public figure which
can add the value in planning and decision making. In 2005, the first time when geospatial data
term has been used and rules have been made for public use. It faced lots of legal problem regarding
the dissemination, acquisition and application of geospatial data. Gradually, rules have been
amended and new rules and laws have come to liberalize the data using and sharing policy which
contributed lot in governance decision making, planning and businesses etc. This is the whole
journey of mapping and geospatial policy in India.
References:
1. Legal Challenges to Mapping in India #1 - Laws, Policies, and Cases — The Centre for
Internet and Society (cis-india.org)
2. Gazette of Government of India
3. Key Changes Announced In The Regulation Of Geospatial Data & Data Services - Fiscal &
Monetary Policy - India (mondaq.com)