TELECOM REGULATORY AUTHORITY OF INDIA ACT 1997
EmailTHE TELECOM REGULATORY AUTHORITY OF INDIA ACT, 1997
ACT No. 24 OF 1997
[Amended up to 2000]
28thMarch, 1997)
An Act to provided for the establishment of the 1 [Telecom Regulatory Authority of India and the TelecomDisputes Settlement and Appellate Tribunal to regulate the telecommunicationservices, adjudicate disputes, dispose of appeals and to protect the interestsof service providers and consumers of the telecom sector, to promote and ensureorderly growth of the telecom sector], and for matters connectedtherewith or incidental thereto.
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1. Substituted for the words"Telecom Regulatory Authority of India to regulate the telecommunicationservices" by the Telecom Regulatory Authority of India (Amendment) Act,2000 (2 of 2000), section (2) (w. r. e. f. 24-1-2000).
BE it enacted by Parliament inthe Forty–eighth Year of the Republicof India as follows: –
CHAPTER I
PRELIMINARY
1.Short title extent andcommencement: (1) ThisAct may be called the Telecom Regulatory Authority of India Act, 1997.
(2) It extends to the whole of India.
(3) It shall be deemed to havecome into force on the 25th day of January, 1997.
2.Definitions: (1) In this Act, unless thecontext otherwise requires,–
(a) "appointed day"means the date with effect from which the Authority is established under sub–section(1) of section 3;
1 [(aa) "AppellateTribunal" means the Telecom Disputes Settlement and Appellate Tribunalestablished under section 14;]
(b)"Authority" means the Telecom Regulatory Authority of Indiaestablished under sub–section (1) of section 3;
(c)"Chairperson" means the Chairperson of the Authority appointed undersub–section (3) of section 3;
(d)"Fund" means the Fund constituted under sub–section (1) ofsection 22;
(e)"Licensee" means any person licensed under sub–section (1) ofsection 4 of the Indian Telegraph Act, 1885(13 of 1885) for providing specifiedpublic telecommunication services;
2 [(ea) "licensor"means the Central Government or the telegraph authority who grants a licenceunder section 4 of the Indian Telegraph Act, 1885 (13 of 1885);]
(f)"member" means a member of the Authority appointed under sub–section(3) of section 3 and includes the Chairperson and the Vice–Chairperson;
(g)"notification" means a notification published in the OfficialGazette;
(h)"prescribed" means regulations made by rules made under this Act;
(i)"regulations" means regulations made by the Authority under this Act;
(j)"service provider" means the 3 [Government as a serviceprovider] andincludes a licensee;
(k)"telecommunication service" means service of any description(including electronic mail, voice mail, data services, audio tex services,video tex services, radio paging and cellular mobile telephone services) whichis made available to users by means of any transmission or reception of signs,signals, writing, images and sounds or intelligence of any nature, by wire,radio, visual or other electromagnetic means but shall not include broadcastingservices:
4 [Provided that the Central Government may notify other service tobe telecommunication service including broadcasting services.]
(2)Words and expressions used and not defined in this Act but defined in theIndian Telegraph Act, 1885(13 of 1885) or the Indian Wireless Telegraphy Act,1983(17 of 1933), shall have the meanings respectively assigned to them inthose Acts.
(3) Anyreference in this Act to a law which is not in force in the State of Jammu and Kashmir shallin relation to that State be construed as a reference to the corresponding law,if any, in that State.
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1. Inserted by the TelecomRegulatory Authority of India(Amendment) Act, 2000 (2 of 2000), Section 3 (a) (w. r. e. f. 24-1-2000).
2. Substituted by the TelecomRegulatory Authority of India(Amendment) Act, 2000 (2 of 2000), Section 3 (b) (w. r. e. f. 24-1-2000).
3. Substituted for the words"Government" by the Telecom Regulatory Authority of India (Amendment)Act, 2000 (2 of 2000), Section 3 (c) (w. r. e. f. 24-1-2000).
4. Inserted by the TelecomRegulatory Authority of India(Amendment) Act, 2000 (2 of 2000), Section 3 (d) (w. r. e. f. 24-1-2000).
CHAPTER II
TELECOM REGULATORY AUTHORITY OF INDIA
3.Establishmentand incorporation of Authority: (1) With effect from such date as theCentral Government may, by notification appoint, there shall be established,for the purposes of this Act, an Authority to be called the Telecom RegulatoryAuthority of India.
(2) TheAuthority shall be a body corporate by the name aforesaid, having perpetualsuccession and a common seal, with power, subject to the provisions of thisAct, to acquire, hold and dispose of property, both movable and immovable, andto contract, and shall, by the said name, sue or be sued.
1 [(3) The Authority shall consist of a Chairperson, and not morethan two whole-time members and not more than two part-time members, to beappointed by the Central Government].
(4) Thehead office of the Authority shall be at NewDelhi.
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1.Substituted by the TelecomRegulatory Authority of India(Amendment) Act, 2000 (2 of 2000), Section 4(w. r. e. f. 24-1-2000).
1 [4. Qualifications for appointment of Chairperson and othermembers: The Chairperson and other members of the Authority shall beappointed by the Central Government from amongst persons who have specialknowledge of, and professional experience in, telecommunication, industry,finance, accountancy, law, management or consumer affairs:
Provided that a person who is,or has been, in the service of Government shall not be appointed as a memberunless such person has held the post of Secretary or Additional Secretary, orthe post of Additional Secretary and Secretary to the Government of India orany equivalent post in the Central Government or the State Government for aperiod of not less than three years].
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1. Substituted by the Telecom Regulatory Authority ofIndia(Amendment) Act, 2000 (2 of 2000), Section 5 (w. r. e. f. 24-1-2000).
5.Termof office conditions of service, etc., of Chairperson and other members: (1)Before appointing any person as the Chairperson or member, the CentralGovernment shall satisfy itself that the person does not have any suchfinancial or other interest as is likely to affect prejudicially his functionsas such member.
1 [(2) The Chairperson and other members shall hold office for aterm not exceeding three years, as the Central Government may notify in thisbehalf, from the date on which they enter upon their offices or until theyattain the age of sixty-five years, whichever is earlier.
(3) On the commencement of theTelecom Regulatory Authority of India (Amendment) Act, 2000, a person appointedas Chairperson of the Authority and every other person appointed as member andholding office as such immediately before such commencement shall vacate theirrespective offices and such Chairperson and such other members shall beentitled to claim compensation not exceeding three months pay and allowancesfor the premature termination of the term of their offices or of any contractof service];
(4) Theemployee of the Government on his 2 [selection as the Chairperson orwhole-time member] shall have to retire from service before 3 [joining as the Chairperson or awhole-time member, as the case may be].
(5) Thesalary and allowances payable to and the other terms and conditions of serviceof the Chairperson and 4 [whole-time members] shall be such as may beprescribed.
(6) Thesalary, allowances and other conditions of service of the Chairperson or of amember shall not be varied to his disadvantage after appointment.
5 [(6A) The part-time members shall receive such allowances as maybe prescribed;]
(7)Notwithstanding anything contained in sub–section (2) 6[*], a member may–
(a)relinquish his office by giving in writing to the Central Government notice ofnot less than three months; or
(b) beremoved from his office in accordance with a provisions of section 7.
(8) TheChairperson or any 7 [whole time member] ceasing to hold office assuch, shall–
(a) beineligible for further employment under the Central Government or any StateGovernment; or
(b) notaccept any commercial employment, for a period of 8 [oneyear] from the date he ceases to hold such office:
9 [Provided that nothing contained in this sub-section shall applyto the Chairperson or a member who has ceased to hold office under sub-section(3) and such Chairperson or member shall be eligible for reappointment in theAuthority or appointment in the Appellate Tribunal.
(9) Avacancy caused to the office of the Chairperson or any other member shall befilled up within a period of three months from the date on which such vacancyoccurs.
Explanation:For the purposes of this section, "commercial employment" meansemployment in any capacity under, or agency of, a person engaged in trading,commercial, industrial or financial business in any field and includes also adirector of a company or partner of a firm and it also includes setting uppractice either independently or as partner of a firm or as an adviser or aconsultant.
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1.Substituted for sub-sections (2) and (3) by the Telecom Regulatory Authority of India (Amendment)Act, 2000 (2 of 2000), Section 6 (a) (w. r. e. f. 24-1-2000).
2. Substituted for the words"section as member" by the Telecom Regulatory Authority of India (Amendment) Act, 2000 (2 of2000), Section 6 (b) (i) (w. r. e. f. 24-1-2000).
3. Substituted for the words"joining as member" by the Telecom Regulatory Authority of India (Amendment) Act, 2000 (2 of2000), Section 6 (b) (ii) (w. r. e. f. 24-1-2000).
4. Substituted for the words" othermembers" by the Telecom Regulatory Authority of India (Amendment) Act, 2000 (2 of2000), Section 6 (c) (w. r. e. f. 24-1-2000).
5. Inserted by the Telecom Regulatory Authority ofIndia (Amendment) Act, 2000 (2 of 2000), Section 6 (d) (w. r. e. f. 24-1-2000).
6. The words, brackets andfigure "or sub–section(3)" omitted by the Telecom Regulatory Authority ofIndia (Amendment) Act, 2000 (2 of 2000), Section 6 (e) (w. r. e. f. 24-1-2000).
7. Substituted for the words"othermember" omitted by the Telecom Regulatory Authority of India (Amendment) Act, 2000 (2 of2000), Section 6 (f) (i) (w. r. e. f. 24-1-2000).
8. Substituted for the words"twoyears" by the Telecom Regulatory Authority of India (Amendment)Act, 2000 (2 of 2000), Section 6 (f) (ii) (w. r. e. f. 24-1-2000).
9. Inserted by the Telecom Regulatory Authority ofIndia (Amendment) Act, 2000 (2 of 2000), Section 6 (f) (iii) (w. r. e. f.24-1-2000).
6.Powersof Chairperson and Vice-Chairperson: (1) The Chairperson shallhave powers of general superintendence and directions in the conduct of theaffairs of the Authority and he shall, in addition to presiding over themeetings of the Authority, exercise and discharge such powers and functions ofthe Authority and shall discharge such other powers and functions as may beprescribed.
(2) TheCentral Government may appoint one of the members to be a Vice–Chairpersonof the Authority who shall exercise and discharge such powers and functions ofthe Chairperson as may be prescribed or as may be delegated to him by theAuthority.
7.Removaland suspension of member from office in certain circumstances: (1)The Central Government may remove from office any member, who,–
(a) hasbeen adjudged an insolvent; or
(b) hasbeen convicted of an offence which, in the opinion of the Central Government,involves moral turpitude; or
(c) hasbecome physically or mentally incapable of acting as a member, or
(d) hasacquired such financial or other interest as is likely to affect prejudiciallyhis functions as a member; or
(e) hasso abused his position as to render his continuance in office prejudicial tothe public interest.
1 [(2) No such member shall be removed from his office under clause(d) or clause (e) of sub-section (1) unless he has been given a reasonableopportunity of being heard in the matter].
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1. Substituted for theSub-sections (2) and (3) by the Telecom Regulatory Authority of India (Amendment)Act, 2000 (2 of 2000), Section 7 (w. r. e. f. 24-1-2000).
8.Meetings: (1)The Authority shall meet at such times and places, and shall observe such rulesof procedure in regard to the transaction of business at its meetings(including quorum at such meetings) as may be provided by regulations.
(2) TheChairperson or, if for any reason, he is unable to attend a meeting of theAuthority, Vice–Chairperson and in his absence, any other member chosenby the members present from amongst themselves at the meeting shall preside atthe meeting.
(3) Allquestions which come up before any meeting of the Authority shall be decided bya majority vote of the members present and voting, and in the event of anequality of votes, the Chairperson or in his absence, the person presiding,shall have a second or casting vote.
(4) TheAuthority may make regulations for the transaction of business at its meetings.
9.Vacancies,etc., not to invalidate proceedings of Authority: No act or proceeding of theAuthority shall be invalid merely by reason of–
(a) anyvacancy in, or any defect in the constitution of, the Authority; or
(b) anydefect in the appointment of a person acting as a member of the Authority; or
(c) anyirregularity in the procedure of the Authority not affecting the merits of thecase.
10.Officersand other employees of Authority: (1) The Authority may appoint officersand such other employees as it considers necessary for the efficient dischargeof its functions under this Act.
(2) Thesalary and allowances payable to and the other conditions of service of theofficers and other employees of the Authority appointed under sub-section (1)shall be such as may 1 [be prescribed]:
2 [Provided that any regulation, in respect of the salary andallowances payable to and other conditions of service of the officers and otheremployees of the Authority, made before the commencement of the TelecomRegulatory Authority of India (Amendment) Act, 2000, shall cease to have effectimmediately on the notification of rules made under clause (ca) of sub-section(2) of section 35.]
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1.Substituted for the words "determined by regulations" by the Telecom Regulatory Authority of India (Amendment)Act, 2000 (2 of 2000), Section 8 (a) (w. r. e. f. 24-1-2000).
2.Inserted by the Telecom Regulatory Authority of India (Amendment)Act, 2000 (2 of 2000), Section 8 (b) (w. r. e. f. 24-1-2000).
CHAPTER III
POWERS AND FUNCTIONS OF THE AUTHORITY
11.Functionsof Authority: 1 [(1) Notwithstanding anything contained in the IndianTelegraph Act, 1885 (13 of 1885), the functions of the Authority shall be to –
(a) make recommendations,either suo motu or on a request from the licensor, on the following matters,namely: –
(i) need and timing forintroduction of new service provider;
(ii) terms and conditions oflicence to a service provider;
(iii) revocation of licence fornon-compliance of terms and conditions of licence;
(iv) measures to facilitatecompetition and promote efficiency in the operation of telecommunication servicesso as to facilitate growth in such services;
(v) technological improvementsin the services provided by the service providers;
(vi) type of equipment to beused by the service providers after inspection of equipment used in thenetwork;
(vii) measures for thedevelopment of telecommunication technology and any other matter relatable totelecommunication industry in general;
(viii) efficient management ofavailable spectrum;
(b) discharge the followingfunctions, namely: –
(i) ensure compliance of termsand conditions of licence;
(ii) notwithstanding anythingcontained in the terms and conditions of the licence granted before thecommencement of the Telecom Regulatory Authority of India (Amendment) Act,2000, fix the terms and conditions of inter-connectivity between the serviceproviders;
(iii) ensure technicalcompatibility and effective inter-connection between different serviceproviders;
(iv) regulate arrangementamongst service providers of sharing their revenue derived from providingtelecommunication services;
(v) lay-down the standards ofquality of service to be provided by the service providers and ensure thequality of service and conduct the periodical survey of such service providedby the service providers so as to protect interest of the consumers oftelecommunication service;
(vi) lay-down and ensure thetime period for providing local and long distance circuits of telecommunicationbetween different service providers;
(vii) maintain register ofinter-connect agreements and of all such other matters as may be provided inthe regulations;
(viii) keep register maintainedunder clause (vii) open for inspection to any member of public on payment ofsuch fee and compliance of such other requirement as may be provided in theregulations;
(ix) ensure effectivecompliance of universal service obligations;
(c) levy fees and other chargesat such rates and in respect of such services as may be determined byregulations;
(d) perform such otherfunctions including such administrative and financial functions as may beentrusted to it by the Central Government or as may be necessary to carry outthe provisions of this Act:
Provided that therecommendations of the Authority specified in clause (a) of this sub-sectionshall not be binding upon the Central Government:
Provided further that theCentral Government shall seek the recommendations of the Authority in respectof matters specified in sub-clauses (i) and (ii) of clause (a) of thissub-section in respect of new licence to be issued to a service provider andthe Authority shall forward its recommendations within a period of sixty daysfrom the date on which that Government sought the recommendations:
Provided also that theAuthority may request the Central Government to furnish such information ordocuments as may be necessary for the purpose of making recommendations undersub-clauses (i) and (ii) of clause (a) of this sub-section and that Governmentshall supply such information within a period of seven days from receipt ofsuch request:
Provided also that the CentralGovernment may issue a licence to a service provider if no recommendations arereceived from the Authority within the period specified in the second provisoor within such period as may be mutually agreed upon between the CentralGovernment and the Authority:
Provided also that if theCentral Government, having considered that recommendation of the Authority,comes to a prima facie conclusion that such recommendation cannot be acceptedor needs modifications, it shall refer the recommendation back to the Authorityfor its reconsideration, and the Authority may, within fifteen days from thedate of receipt of such reference, forward to the Central Government itsrecommendation after considering the reference made by that Government. Afterreceipt of further recommendation if any, the Central Government shall take afinal decision;]
(2)Notwithstanding anything contained in the Indian Telegraph Act, 1885(13 of1885), the Authority may, from time to time, by order, notify in the OfficialGazette the rates at which the telecommunication services within India andoutside India shall be provided under this Act including the rates at whichmessages shall be transmitted to any country outside India;
Providedthat the Authority may notify different rates for different persons or class ofpersons for similar telecommunication services and where different rates arefixed as aforesaid the Authority shall record the reasons therefor.
(3)While discharging its functions 2 [under sub-section (1) or sub-section (2)], theAuthority shall not act against the interest of the sovereignty and integrityof India, the security of the State, friendly relations with foreign States,public order, decency or morality.
(4) TheAuthority shall ensure transparency while exercising its powers and dischargingits functions.
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1.Substituted for the original sub-section (1) by the Telecom Regulatory Authority of India (Amendment)Act, 2000 (2 of 2000), Section 9 (a) (w. r. e. f. 24-1-2000).
2. Substituted for the words,figure, and brackets "under sub–section (1)" by the Telecom Regulatory Authority ofIndia (Amendment) Act, 2000 (2 of 2000), Section 9 (b) (w. r. e. f. 24-1-2000).
12.Powersof Authority to call for information, conduct investigations, etc.: (1)Where the Authority considers it expedient so to do, it may, by order inwriting, –
(a)cell upon any service provider at any time to furnish in writing suchinformation or explanation relating to its affairs as the Authority may require;or
(b)appoint one or more person to make an inquiry in relation to the affairs of anyservice and
(c)direct of his officers or employees to inspect the books of account or otherdocuments of any service provider.
(2)Where any inquiry in relation to the affairs of a service provider has beenundertaken under sub–section (1), –
(a)every officer of the Government Department, if such service provider is adepartment of the Government;
(b)every director, manager, secretary or other officer, if such service provideris a company; or
(c)every partner, manager, secretary or other officer, if such service provider isa firm; or
(d)every other person or body of persons who has had dealings in the course ofbusiness with any of the persons mentioned in clauses (b) and (c),
shallbe bound to produce before the Authority making the inquiry, all such books ofaccount or other documents in his custody or power relating to, or having abearing on the subject–matter of such inquiry and also to furnish to theAuthority with any such statement or information relating thereto, as the casemay be, required of him, within such time as may be specified.
(3)Every service provider shall maintain such books of account or other documentsas may be prescribed.
(4) TheAuthority shall have the power to issue such directions to service providers asit may consider necessary to proper functioning by service providers.
13.Powerof Authority to issue directions: The Authority may, for the discharge ofits functions under sub–section (1) of section 11, issue such directionsfrom time to time to the service providers, as it may consider necessary:
1 [Provided that no direction under sub-section (4) of section 12or under this section shall be issued except on the matters specified in clause(b) of sub-section (1) of section 11.]
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1. Inserted by the Telecom Regulatory Authority ofIndia (Amendment) Act, 2000 (2 of 2000), Section 10 (w. r. e. f. 24-1-2000).
1 [CHAPTERIV
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1. Chapter IV containingSections 14 to 20 substituted by the Telecom Regulatory Authority of India (Amendment)Act, 2000 (2 of 2000), Section 11 (w. r. e. f. 24-1-2000).
Appellate Tribunal
14. Establishment of AppellateTribunal: The Central Government shall,by notification, establish an Appellate Tribunal to be known as the TelecomDisputes Settlement and Appellate Tribunal to –
(a) adjudicate any dispute –
(i) between a licensor and alicensee;
(ii) between two or moreservice providers;
(iii) between. a serviceprovider and a group of consumers:
Provided that nothing in thisclause shall apply in respect of matters relating to –
(A) the monopolistic tradepractice, restrictive trade practice and unfair trade practice which aresubject to the jurisdiction of the Monopolies and Restrictive Trade PracticesCommission established under sub-section (1) of section 5 of the Monopolies andRestrictive Trade Practices Act, 1969 (54 of 1969);
(B) the complaint of anindividual consumer maintainable before a Consumer Disputes Redressal Forum ora Consumer Disputes Redressal Commission or the National Consumer RedressalCommission established under section 9 of the Consumer Protection Act, 1986 (68of 1986);
(C) the dispute betweentelegraph authority and any other person referred to in sub-section (1) ofsection 78 of the Indian Telegraph Act, 1885 (13 of 1885);
(b) hear and dispose of appealagainst any direction, decision or order of the Authority under this Act.
14A. Application for settlementof disputes and appeals to Appellate Tribunal: (1) The Central Government or a State Government ora local authority or any person may make an application to the AppellateTribunal for adjudication of any dispute referred to in clause (a) of section14.
(2) The Central Government or aState Government or a local authority or any person aggrieved by any direction,decision or order made by the Authority may prefer an appeal to the AppellateTribunal.
(3) Every appeal undersub-section (2) shall be preferred within a period of thirty days from the dateon which a copy of the direction or order or decision made by the Authority isreceived by the Central Government or the State Government or the localauthority or the aggrieved person and it shall be in such form, verified insuch manner and be accompanied by such fee as may be prescribed:
Provided that the AppellateTribunal may entertain any appeal after the expiry of the said period of thirtydays if it is satisfied that there was sufficient cause for not filing it withinthat period.
(4) On receipt of anapplication under sub-section (1) or an appeal under subsection (2), theAppellate Tribunal may, after giving the parties to the dispute or the appealan opportunity of being heard, pass such orders thereon as it thinks fit.
(5) The Appellate Tribunalshall send a copy of every order made by it to the parties to the dispute orthe appeal and to the Authority, as the case may be.
(6) The application made undersub-section (1) or the appeal preferred under sub-section (2) shall be dealtwith by it as expeditiously as possible and endeavour shall be made by it todispose of the application or appeal finally within ninety days from the dateof receipt of application or appeal, as the case may be:
Provided that where any suchapplication or appeal could not be disposed of within the said period of ninetydays, the Appellate Tribunal shall record its reasons in writing for notdisposing of the application or appeal within that period.
(7) The Appellate Tribunal may,for the purpose of examining the legality or propriety or correctness of anydispute made in any application under sub-section (1) or of any direction ororder or decision of the Authority referred to in the appeal preferred undersub-section (2), on its own motion or otherwise, call for the records relevantto disposing of such application or appeal and make such orders as it thinksfit.
14B. Composition of AppellateTribunal: (1) The Appellate Tribunalshall consist of a Chairperson and not more than two Members to be appointed,by notification, by the Central Government.
(2) The selection ofChairperson and Members of the Appellate Tribunal shall be made by the CentralGovernment in consultation with the Chief Justice of India.
(3) Subject to the provisionsof this Act, –
(a) the jurisdiction of theAppellate Tribunal may be exercised by the Benches thereof;
(b) a Bench may be constitutedby the Chairperson of the Appellate Tribunal with one or two Members of suchTribunal as the Chairperson may deem fit;
(c) the Benches of theAppellate Tribunal shall ordinarily sit at New Delhi and at such other placesas the Central Government may, in consultation with the Chairperson of theAppellate Tribunal, notify;
(d) the Central Governmentshall notify the areas in relation to which each Bench of the AppellateTribunal may exercise its jurisdiction.
(4) Notwithstanding anythingcontained in sub-section (2), the Chairperson of the Appellate Tribunal maytransfer a Member of such Tribunal from one Bench to another Bench.
(5) If at any stage of thehearing of any case or matter it appears to the Chairperson or a Member of theAppellate Tribunal that the case or matter is of such a nature that it ought tobe heard by a Bench consisting of two Members, the case or matter may betransferred by the Chairperson to such Bench as the Chairperson may deem fit.
14C. Qualifications forappointment of Chairperson and Members: A person shall not be qualified for appointment asthe Chairperson or a Member of the Appellate Tribunal unless he –
(a) in the case of Chairperson,is, or has been, a Judge of the Supreme Court or the Chief Justice of a HighCourt;
(b) in the case of a Member,has held the post of Secretary to the Government of India or any equivalentpost in the Central Government or the State Government for a period of not lessthan two years or a person who is well versed in the field of technology,telecommunication, industry, commerce or administration.
14D. Term of office: The Chairperson and every otherMember of the Appellate Tribunal shall hold office as such for a term notexceeding three years from the date on which he enters upon his office:
Provided that no Chairperson orother Member shall hold office as such after he has attained, –
(a) in the case of Chairperson,the age of seventy years;
(b) in the case of any otherMember, the age of sixty-five years.
14E. Terms and conditions ofservice: The salary and allowancespayable to and the other terms and conditions of service of the Chairperson andother Members of the Appellate Tribunal shall be such as may be prescribed;
Provided that neither thesalary and allowances nor the other terms and conditions of service of theChairperson or a Member of the Appellate Tribunal Shall be varied to hisdisadvantage after appointment.
14F. Vacancies: If, for reason other thantemporary absence, any vacancy occurs in the office of the Chairperson or aMember of the Appellate Tribunal, the Central Government shall appoint anotherperson in accordance with the provisions of this Act to fill the vacancy andthe proceedings may be continued before the Appellate Tribunal from the stageat which the vacancy is filled.
14G. Removal and resignation: (1) The Central Government mayremove from office, the Chairperson or any Member of the Appellate Tribunal,who –
(a) has been adjudged aninsolvent; or
(b) has been convicted of anoffence which, in the opinion of the Central Government, involves moralturpitude; or
(c) has become physically ormentally incapable of acting as the Chairperson or a Member; or
(d) has acquired such financialor other interest as is likely to affect prejudicially his functions as theChairperson or a Member; or
(e) has so abused his positionas to render his continuance in office prejudicial to the public interest.
(2) Notwithstanding anythingcontained in sub-section (1), the Chairperson or a Member of the AppellateTribunal shall not be removed from his office on the ground specified in clause(d) or clause (e) of that sub-section unless the Supreme Court on a referencebeing made to it in this behalf by the Central Government, has, on an enquiry,held by it in accordance with such procedure as it may specify in this behalf,reported that the Chairperson or a Member ought on such ground or grounds to beremoved.
(3) The Central Government maysuspend from office, the Chairperson or a Member of the Appellate Tribunal inrespect of whom a reference has been made to the Supreme Court undersub-section (2), until the Central Government has passed an order on receipt ofthe report of the Supreme Court on such reference.
14H. Staff of AppellateTribunal: (1) The Central Governmentshall provide the Appellate Tribunal with such officers and employees as it maydeem fit.
(2) The officers and employees ofthe Appellate Tribunal shall discharge their functions under the generalsuperintendence of its Chairperson.
(3) The salaries and allowancesand other conditions of service of the officers and employees of the AppellateTribunal shall be such as may be prescribed.
14-I. Distribution of businessamongst Benches: Where Benches are constituted, the Chairperson of the AppellateTribunal may, from time to time, by notification, make provisions as to thedistribution of the business of the Appellate Tribunal amongst the Benches andalso provide for the matters which may be dealt with by each Bench.
14J. Power of Chairperson totransfer cases: On theapplication of any of the parties and after notice to the parties, and afterhearing such of them as he may desire to be heard, or on his own motion withoutsuch notice, the Chairperson of the Appellate Tribunal may transfer any casepending before one Bench, for disposal, to any other Bench.
14K. Decision to be bymajority: If the Members of a Benchconsisting of two Members differ in opinion on any point, they shall state thepoint or points on which they differ, and make a reference to the Chairpersonof the Appellate Tribunal who shall hear the point or points himself and suchpoint or points shall be decided according to the opinion of the majority whohave heard the case, including those who first heard it.
14L. Members, etc., to bepublic servants: The Chairperson, Members and other officers and employees of theAppellate Tribunal shall be deemed to be public servants within the meaning ofsection 21 of the Indian Penal Code (45 of 1860).
14M. Transfer of pending cases:All applications, pending foradjudication of disputes before the Authority immediately before the date ofestablishment of the Appellate Tribunal under this Act, shall stand transferredon that date to such Tribunal:
Provided that all disputesbeing adjudicated under the provisions of Chapter IV as it stood immediatelybefore the commencement of the Telecom Regulatory Authority of India (Amendment)Act, 2000, shall continue to be adjudicated by the Authority in accordance withthe provisions contained in that Chapter, till the establishment of theAppellate Tribunal under this Act:
Provided further that all casesreferred to in the first proviso shall be transferred by the Authority to theAppellate Tribunal immediately on its establishment under section 14.
14N. Transfer of appeals: (1) All appeals pending beforethe High Court immediately before the commencement of the Telecom Regulatory Authorityof India (Amendment) Act, 2000, shall stand transferred to the AppellateTribunal on its establishment under section 14.
(2) Where any appeal standstransferred from the High Court to the Appellate Tribunal under sub-section(1), –
(a) the High Court shall, assoon as may be after such transfer, forward the records of such appeal to theAppellate Tribunal; and
(b) the Appellate Tribunal may,on receipt of such records, proceed to deal with such appeal, so far as may befrom the stage which was reached before such transfer or from any earlier stageor de novo as the Appellate Tribunal may deem fit.
15. Civil court not to havejurisdiction: No civilcourt shall have jurisdiction to entertain any suit or proceeding in respect ofany matter which the Appellate Tribunal is empowered, by or under this Act todetermine and no injunction shall be granted by any court or other authority inrespect of any action taken or to be taken in pursuance of any power conferredby or under this Act.
16. Procedure and powers ofAppellate Tribunal: (1) The Appellate Tribunal shall not be bound by the procedurelaid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guidedby the principles of natural justice and subject to the other provisions of thisAct, the Appellate Tribunal shall have powers to regulate its own procedure.
(2) The Appellate Tribunalshall have, for the purposes of discharging its functions under this Act, thesame powers as are vested in a civil court under the Code of Civil Procedure,1908 (5 of 1908), while trying a suit, in respect of the following matters,namely: –
(a) summoning and enforcing theattendance of any person and examining him on oath;
(b) requiring the discovery andproduction of documents;
(c) receiving evidence onaffidavits;
(d) subject to the provisionsof sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872),requisitioning any public record or document or a copy of such record ordocument, from any office;
(e) issuing commissions for theexamination of witnesses or documents;
(f) reviewing its decisions;
(g) dismissing an applicationfor default or deciding it, ex parte;
(h) setting aside any order ofdismissal of any application for default or any order passed by it, ex parte;and
(i) any other matter which maybe prescribed.
(3) Every proceeding before theAppellate Tribunal shall be deemed to be a judicial proceeding within themeaning of sections 193 and 228, and for the purposes of section 196, of theIndian Penal Code (45 of I860) and the Appellate Tribunal shall be deemed to bea civil court for the purposes of section 195 and Chapter XXVI of the Code ofCriminal Procedure, 1973 (2 of 1974).
17. Right to legalrepresentation: Theapplicant or appellant may either appear in person or authorise one or morechartered accountants or company secretaries or cost accountants or legalpractitioners or any of its officers to present his or its case before theAppellate Tribunal.
Explanation: For thepurposes of this section, –
(a) "charteredaccountant" means a chartered accountant as defined in clause (b) ofsub-section (1) of section 2 of the Chartered Accountants Act, 1949 (38 of1949) and who has obtained a certificate of practice under sub-section (1) ofsection 6 of that Act;
(b) "companysecretary" means a company secretary as defined in clause (c) ofsub-section (1) of section 2 of the Company Secretaries Act, 1980 (56 of 1980)and who has obtained a certificate of practice under sub-section (1) of section6 of that Act;
(c) "cost accountant"means a cost accountant as defined in clause (b) of sub-section (1) of section2 of the Cost and Works Accountants Act, 1959 (23 of 1959) and who has obtaineda certificate of practice under sub-section (1) of section 6 of that Act;
(d) "legalpractitioner" means an advocate, vakil or an attorney of any High Court,and includes a pleader in practice.
18. Appeal to Supreme Court: (1) Notwithstanding anythingcontained in the Code of Civil Procedure, 1908 (5 of 1908) or in any other law,an appeal shall lie against any order, not being an interlocutory order, of theAppellate Tribunal to the Supreme Court on one or more of the grounds specifiedin section 100 of that Code.
(2) No appeal shall lie againstany decision or order made by the Appellate Tribunal with the consent of theparties.
(3) Every appeal under thissection shall be preferred within a period of ninety days from the date of thedecision or order appealed against:
Provided that the Supreme Courtmay entertain the appeal after the expiry of the said period of ninety days, ifit is satisfied that the appellant was prevented by sufficient cause frompreferring the appeal in time.
19. Orders passed by AppellateTribunal to be executable as a decree: (1) An order passed by the Appellate Tribunal underthis Act shall be executable by the Appellate Tribunal as a decree of civilcourt, and for this purpose, the Appellate Tribunal shall have all the powersof a civil court.
(2) Notwithstanding anythingcontained in sub-section (1), the Appellate Tribunal may transmit any ordermade by it to a civil court having local jurisdiction and such civil courtshall execute the order as if it were a decree made by that court.
20. Penalty for willful failureto comply with orders of Appellate Tribunal: If any person willfully fails to comply with theorder of the Appellate Tribunal, he shall be punishable with fine which mayextend to one lakh rupees and in case of a second or subsequent offence withfine which may extend to two lakh rupees and in the case of continuingcontravention with additional fine which may extent to two lakh rupees forevery day during which such default continues.]
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1. Chapter IV containingSections 14 to 20 substituted by the Telecom Regulatory Authority of India (Amendment)Act, 2000 (2 of 2000), Section 11 (w. r. e. f. 24-1-2000).
CHAPTER V
FINANCE, ACCOUNTS AND AUDIT
21.Grantsby Central Government: The Central Government may, after dueappropriation made by Parliament by law in this behalf, make to the Authoritygrants of such sums of money as are required to pay salaries and allowancespayable to the Chairperson and the members and the administrative expensesincluding the salaries, allowances and pension payable to or in respect ofofficers and other employees of the Authority.
22.Fund: (1)There shall be constituted a Fund to be called the Telecom Regulatory Authorityof India Central Fund and there shall be credited thereto–
(a) allgrants, fees and charges received by the Authority under this Act; and
(b) allsums received by the Authority from such other sources as may be decided uponby the Central Government.
(2) TheFund shall be applied for meeting–
(a) thesalaries and allowances payable to the Chairperson and members and theadministrative expenses including the salaries, allowances and pension payableto or in respect of officers and other employees of the Authority; and
(b) theexpenses on objects and for purposes authorised by this Act.
23.Accountsand audit: (1)The Authority shall maintain proper accounts and other relevant records andprepare an annual statement of accounts in such form as may be prescribed bythe Central Government in consultation with the Comptroller and Auditor–Generalof India.
(2) Theaccounts of the Authority shall be audited by the Comptroller andAuditor-General of India at such intervals as may be specified by him and anyexpenditure incurred in connection with such auditor shall be payable by theAuthority to the Comptroller and Auditor-General of India.
1 [Explanation: For the removal of doubts, it is herebydeclared that the decisions of the Authority taken in the discharge of itsfunctions under clause (b) of sub-section (1) and sub-section (2) of section 11and section 13, being matters appealable to the Appellate Tribunal, shall notbe subject to audit under this section.]
(3) TheComptroller and Auditor–General of India and any other person appointedby him in connection with the audit of the accounts of the Authority shall havethe same rights and privileges and authority in connection with such audit asthe Comptroller and Auditor–General generally has, in connection withthe audit of the Government accounts and, in particular, shall have the rightto demand the production of books, accounts, connected vouchers and otherdocuments and papers and to inspect any of the offices of the Authority.
(4) Theaccounts of the Authority as certified by the Comptroller and Auditor–Generalof India or any other person appointed by him in this behalf together with theaudit report thereon shall be forwarded annually to the Central Government andthat Government shall cause the same to be laid before each House ofParliament.
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1.Inserted by the TelecomRegulatory Authority of India (Amendment) Act, 2000 (2 of 2000), Section 12 (w.r. e. f. 24-1-2000).
24.Furnishingof returns, etc., to Central Government: (1) The Authority shallfurnish to the Central Government at such time and in such form and manner asmay be prescribed or as the Central Government may direct, such returns andstatements and such particulars in regard to any proposed or existing programmefor the promotion and development of the telecommunication services, as theCentral Government from time to time, require.
(2) TheAuthority shall prepare once every year in such form and at such time as may beprescribed, an annual report giving a summary of its activities during theprevious year and copies of the report shall be forwarded to the CentralGovernment.
(3) Acopy of the report received under sub–section (2) shall be laid, as soonas may be after it is received, before each House of Parliament.
CHAPTER VI
MISCELLANEOUS
25.Powerof Central Government to issue directions: (1) The Central Governmentmay, from to time, issue to the Authority such directions as it may thinknecessary in the interest of the sovereignty and integrity of India, thesecurity of the state, friendly relations with foreign States, public order,decency or morality.
(2)Without prejudice to the foregoing provisions, the Authority shall, in exerciseof its powers or the performance of its functions, be bound by such directionsof questions of policy as the Central Government may give in writing to it fromtime to time:
Providedthat the Authority shall, as far as practicable, be given an opportunity toexpress its views before any direction is given under this sub–section.
(3) Thedecision of the Central Government whether a question is one policy or notshall be final.
26.Members,officers and employees of Authority to be public servants: Allmembers, officers and other employees of the Authority shall be deemed, whenacting or purporting to act in pursuance of any of the provisions of this Actto be public servants within the meaning of section 21 of the Indian Penal Code(45 of 1860).
27.Barof jurisdiction: No civil court shall have jurisdiction in respect ofany matter which the Authority is empowered by or under this Act to determine.
28.Protectionof action taken in good faith: No suit, prosecution or other legalproceedings shall lie against the Central Government or the Authority or anyofficer of Central Government or any member, officer or other employees of theAuthority for anything which is in good faith done or intended to be done underthis Act or the rules or regulations made thereunder.
29.Penaltyfor contravention of directions of Authority: If a person violatesdirections of the Authority, such person shall be punishable with fine whichmay extend to one lakh rupees and in case of second or subsequent offence withfine which may extend to two lakh rupees and in the case of continuingcontravention with additional fine which may extend to two lakh rupees forevery day during which the default continues.
30.Offencesby companies: (1) Where an offence under this Act has beencommitted by a company, every person who at the time the offence was committedwas in charge of, and was responsible to, the company for the conduct of thebusiness of the Company, as well as the company, shall be deemed to be guiltyof the offence and shall be liable to be proceeded against and punishedaccordingly:
Providedthat nothing contained in this sub–section shall render any such personliable to any punishment provided in the Act if he proves that the offence wascommitted without his knowledge or that he has exercised all due diligence toprevent the commission of such offence.
(2)Notwithstanding anything contained in sub–section (1), where an offenceunder this Act has been committed by a company and it is proved that theoffence has been committed with the consent or connivance of, or isattributable to, any neglect on the part of any director, manager, secretary orother officer of the company, such director, manager, secretary or otherofficer shall also be deemed to be guilty of the offence and shall be liable tobe proceeded against and punished accordingly.
Explanation:For the purposes of this section,–
(a)"company" means any body corporate and includes a firm or otherassociation of individuals; and
(b)"director", in relation to a firm, means a partner in the firm.
31.Offencesby Government Departments: (1) Where an offence under this Act hasbeen committed by any Department of Government, the Head of the Departmentshall be deemed to be guilty of the offence and shall be liable to be proceededagainst and punished accordingly unless he proves that the offence wascommitted without his knowledge or that he exercised all due diligence toprevent the commission of such offence.
(2)Notwithstanding anything contained in sub–section (1), where an offenceunder this Act has been committed by a Department of Government and it isproved that the offence has been committed with the consent or connivance of,or is attributable to any neglect on the part of, any officer, other than theHead of the Department, such officer shall also be deemed to be guilty of thatoffence and shall be liable to be proceeded against and punished accordingly.
32.Exemptionfrom tax on wealth and income: Notwithstanding anything contained in theWealth–tax Act, 1957(27 of 1957), the Income–tax Act, 1961(43 of1961), or any other enactment for the time being in force relating to tax onwealth, income, profits or gains, the Authority shall not be liable to paywealth–tax, income–tax or any other tax in respect of thiswealth, income, profits or gains derived.
33.Delegation: TheAuthority may, by general or special order in writing, delegate to any member,officer of the Authority or any other person subject to such conditions, ifany, as may be specified in the order, such of its powers and functions underthis Act (except the power to settle dispute under Chapter IV and to makeregulation under section 36) as it may deem necessary.
34.Cognizanceof offences: (1) No court shall take cognizance of any offencepunishable under this Act or the rules or regulations made thereunder, save ona complaint made by the Authority.
(2) Nocourt inferior to that of a Chief Metropolitan Magistrate or a Chief JudicialMagistrate of first class shall try and offence punishable under this Act.
35.Powerto make rules: (1) The Central Government may, by notification, makerules for carrying out the purposes of this Act.
(2) Inparticular, and without prejudice to the generality of the foregoing power,such rules may provide for all or any of the following matters, namely:–
(a) thesalary and allowances payable to and the other conditions of service of theChairperson and members under sub-section (5) of section 5;
1 [(aa) the allowances payableto the part-time members under sub-section (6A) of section 5;]
(b) thepowers and functions of the Chairperson under sub–section (1) of section6;
(c) theprocedure for conducting an inquiry made under sub–section (2) ofsection 7;
(d) thecategory of books of account or other documents which are required to bemaintained under sub–section (3) of section 12;
2 [(da) the form, the manner ofits verification and the fee under sub-section (3) of section 14A;
(db) the salary and allowancespayable to and other terms and conditions of service of the Chairperson andother Members of the Appellate Tribunal under section 14E;
(dc) the salary and allowancesand other conditions of service of the officers and employees of the AppellateTribunal under sub-section (3) of section 14H;
(dd) any other power of a civilcourt required to be prescribed under clause (i) of sub-section (2) of section16;]
(e) theperiod within which an application is to be made under sub–section 91)of section 15;
(f) themanner in which the accounts of the Authority shall be maintained under sub–section(1) of section 23;
(g) thetime within which and the form and manner in which returns and report are to bemade to the Central Government under sub–sections (1) and (2) of section24;
(h) anyother matter which is to be, or may be, prescribed, or in respect of whichprovision is to be made, by rules.
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1.Inserted by the TelecomRegulatory Authority of India (Amendment) Act, 2000 (2 of 2000), Section 13 (a)(w. r. e. f. 24-1-2000).
2. Clauses (da), (db), (dc) and(dd) insertedby the Telecom Regulatory Authority ofIndia (Amendment) Act, 2000 (2 of 2000), Section 13 (b) (w. r. e. f.24-1-2000).
36.Powerto make regulations: (1) The Authority may, by notification,make regulations consistent with this Act and the rules made thereunder tocarry out the purposes of this Act.
(2) Inparticular, and without prejudice to the generality of the foregoing powers,such regulations may provide for all or any of the following matters, namely:–
(a) thetimes and places of meetings of the Authority and the procedure to be followedat such meetings under sub–section
(1) ofsection 8, including quorum necessary for the transaction of business;
(b) thetransaction of business at the meetings of the Authority under sub–section(4) of section 8;
(c) 1[*]
(d)matters in respect of which register is to be maintained by the Authority 2 [ under sub-clause (vii) ofclause (b)] ofsub–section (1) of section 11;
(e)levy of fee and lay down such other requirements on fulfilment of which a copyof register may be obtained 3 [under sub-clause (viii) of clause (b);]
(m) ofsub–section (1) of section 11;
(f)levy of fees and other charges 4 [under clause (c)] of sub–section(1) of section (11).
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1.Clause (c) omitted by the Telecom Regulatory Authority of India (Amendment) Act, 2000 (2 of2000), Section 14 (a) (w. r. e. f. 24-1-2000).
2. Substituted for the words,letter, and brackets "under clause (l)" by the Telecom Regulatory Authority ofIndia (Amendment) Act, 2000 (2 of 2000), Section 14 (b) (w. r. e. f.24-1-2000).
3. Substituted for the words,letter, and brackets " under clause (m)" by the Telecom Regulatory Authority ofIndia (Amendment) Act, 2000 (2 of 2000), Section 14 (c) (w. r. e. f.24-1-2000).
4. Substituted for the words,letter, and brackets " under clause (p)" by the Telecom Regulatory Authority ofIndia (Amendment) Act, 2000 (2 of 2000), Section 14 (d) (w. r. e. f.24-1-2000).
37.Rulesand regulations to laid before Parliament: Every rule and everyregulation made under this Act shall be laid, as soon as may be after it ismade, before each House of Parliament, while it is in session, for a totalperiod of thirty days which may be comprised in one session or in two or moresuccessive sessions, and if, before the expiry of the session immediatelyfollowing the session or the successive sessions aforesaid, both Houses agreein making any modification in the rule or regulation or both Houses agree thatthe rule or regulation should not be made, the rule or regulation shallthereafter have effect only in such modified form or be of no effect, as thecase may be; so, however, that any such modification or annulment shall bewithout prejudice to the validity of anything previously done under that ruleor regulation.
38.Applicationto certain laws: The provisions of this Act shall be in addition tothe provisions of the Indian Telegraph Act, 1885(13 of 1885) and the IndianWireless Telegraphy Act, 1933(17 of 1933) and, in particular, nothing in thisAct shall affect any jurisdiction, powers and functions required to beexercised or performed by the Telegraph Authority in relation to any areafalling within the jurisdiction of such Authority.
39.Powerto remove difficulties: (1) If any difficulty arises in givingeffect to the provisions of this Act, the Central Government may, by order,published in the Official Gazette, make such provisions not inconsistent withthe provisions of this Act as may appear to be necessary for removing thedifficulty:
Providedthat no order shall be made under this section after the expiry of two yearsfrom the date of commencement of this Act.
(2)Every order made under this section shall be laid, as soon as may be after itis made, before each House of Parliament.
40.Repealand saving: (1) The Telecom Regulatory Authority of India Ordinance1997(Ord.11 of 1997) is hereby repealed.
(2)Notwithstanding such repeal, anything done or any action taken under the saidOrdinance shall be deemed to have been done or taken under the correspondingprovisions of this Act.
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