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| Bare
acts |
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| Telecom
Regulatory Authority of India Act, 1997 |
An
act to provide for the establishment of the Telecom
Regulatory Authority of India and the Telecom Disputes
Settlement and Appellate Tribunal to regulate the
tele-communication services, adjudicate disputes,
dispose of appeals and to protect the interests
of service providers and consumers of the telecom
sector, to promote and ensure orderly growth of
the telecom sector, and for matters connected therewith
or incidental thereto be it enacted by Parliament
in the 48th year of the Republic of India as follows:
|
| Chapter
I: Preliminary |
| 1.
Short title, extent and commencement |
|
(1)
This act 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 have come into force on
the 25th day of January, 1997. |
| 2.
Definitions |
| |
1.
In this act, unless the context otherwise requires: |
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|
a)
'Appointed day' means the date with effect from
which the authority is established under sub-section
(1) of section 3; 'appellate tribunal' means the
Telecom Disputes Settlement and Appellate Tribunal
established under section 14;
(b) 'Authority' means the Telecom Regulatory Authority
of India established under sub-section (1) of
section 3;
(c) 'Chairperson' means the chairperson of the
authority appointed under sub-section (3) of section
3.
(d)
'Fund' means the fund constituted under sub-section
(1) of section 22;
(e) 'Licensee' means any person licensed under
sub-section (1) of section 4 of the Indian Telegraph
Act, 1885 (13 of 1885) for providing specified
public telecommunication services; 'licensor'
means the central government or the telegraph
authority who grants a licence under section 4
of the Indian Telegraph Act, 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 official gazette;
(h) 'Prescribed' means prescribed by rules made
under this act;
(i) 'Regulations' means regulations made by the
authority under this act;
(j) 'Service provider' means the government as
a service provider and includes a licensee;
(k) 'Telecommunication service' means service
of any description (including electronic mail,
voice mail, data services, audio text services,
video text services, radio paging and cellular
mobile telephone services) which is 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 electro-magnetic means but shall
not include broadcasting services:
provided that the central government may notify
other service to be telecommunica-tion service
including broadcasting services.
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(2)
Words and expressions used and not defined in this
act but defined in the Indian Telegraph Act, 1885
(13 of 1885) or the Indian Wireless Telegraphy Act,
1933 (17 of 1933), shall have the meanings respectively
assigned to them in those acts. |
| |
(3)
Any reference in this act to a law which is not
in force in the state of Jammu and Kashmir shall
in relation to that state be construed as a reference
to the corresponding law, if any, in that state.
|
| Chapter
II: Telecom Regulatory Authority of India |
| 3.
Establishment and incorporation of authority |
| |
(1)
With effect from such date as the central government
may, by notification appoint, there shall be established,
for the purposes of this act, an authority to be
called the Telecom Regulatory Authority of India.
(2) The authority shall be a body corporate by the
name aforesaid, having perpetual succession and
a common seal, with power, subject to the provisions
of this act, to acquire, hold and dispose of property,
both movable and immovable, and to contract, and
shall, by the said name, sue or be sued.
(3) The authority shall consist of a chairperson,
and not more than two whole-time members and not
more than two part-time members, to be appointed
by the central government.
(4) The head office of the authority shall be at
New Delhi. |
| 4.
Qualifications for appointment of chairperson and
other members |
|
The
chairperson and other members of the authority shall
be appointed by the central government from amongst
persons who have special knowledge 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 member unless such person has held the post of
secretary or additional secretary, or the post of
additional secretary and secretary to the government
of India or any equivalent post in the central government
or the state government for a period of not less
than three years. |
| 5.
Term of office, conditions of service, etc. of chairperson
and other members |
| |
(1)
Before appointing any person as the chairperson
or member, the central government shall satisfy
itself that the person does not have any such financial
or other interest as is likely to affect prejudicially
his functions as such member.
(2) The chairperson and other members shall hold
office for a term not exceeding three years, as
the central government may notify in this behalf,
from the date on which they enter upon their offices
or until they attain the age of 65 years, whichever
is earlier.
(3) On the commencement of the Telecom Regulatory
Authority of India (Amendment) Act, 2000, a person
appointed as chairperson of the authority and every
other person appointed as member and holding office
as such immediately before such commencement shall
vacate their respective offices and such chairperson
and such other members shall be entitled to claim
compensation not exceeding three months pay and
allowances for the premature termination of the
term of their offices or of any contract of service.
(4) The employee of the government on his selection
as the chairperson or whole-time member as the case
may be shall have to retire from service before
joining as the chairperson or a whole-time member,
as the case may be.
(5) The salary and allowances payable to and the
other terms and conditions of service of the chairperson
and whole-time members shall be such as may be prescribed.
(6) The salary, allowances and other conditions
of service of the chairperson or of a member shall
not be varied to his disadvantage after appointment.
(6A) The part-time members shall receive such allowances
as may be prescribed. |
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(7)
Notwithstanding anything contained in sub-section
(2) * * * , a member may - |
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(a)
relinquish his office by giving in writing to the
central government notice of not less than three
months; or
(b) be removed from his office in accordance with
the provisions of section 7. |
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(8)
The chairperson or any wholetime member ceasing
to hold office as such, shall - |
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|
(a)
be ineligible for further employment under the central
government or any state government; or
(b) not accept any commercial employment, for a
period of one year from the date he ceases to hold
such office: provided that nothing contained in
this sub-section shall apply to the chairperson
or a member who has ceased to hold office under
sub-section (3) and such chairperson or member shall
be eligible for re-appointment in the authority
or appointment in the appellate tribunal. |
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(9)
A vacancy caused to the office of the chairperson
or any other member shall be filled up within a
period of three months from the date on which such
vacancy occurs.
Explanation: For the purposes of this section 'commercial
employment' means employment in any capacity under,
or agency of, a person engaged in trading, commercial,
industrial or financial business in any field and
includes also a director of a company or partner
of a firm and it also includes setting up practice
either independently or as partner of a firm or
as an adviser or a consultant. |
| 6.
Powers of chairperson and vice-chairperson |
| |
(1)
The chairperson shall have powers of general superintendence
and directions in the conduct of the affairs of
the authority and he shall, in addition to presiding
over the meet-ings of the authority, exercise and
discharge such powers and functions of the authority
and shall discharge such other powers and functions
as may be prescribed.
(2) The central government may appoint one of the
members to be a vice-chairperson of the authority
who shall exercise and discharge such powers and
functions of the chairperson as may be prescribed
or as may be delegated to him by the authority. |
| 7.
Removal and suspension of member from office in
certain circumstances |
| |
(1)
The central government may remove from office any
member, who - |
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(a)
has been adjudged an insolvent; or
(b) has been convicted of an offence which, in the
opinion of the central government, involves moral
turpitude; or
(c) has become physically or mentally incapable
of acting as a member; or
(d) has acquired such financial or other interest
as is likely to affect prejudicially his func-tions
as a member; or
(e) has so abused his position as to render his
continuance in office prejudicial to the public
interest. |
| |
(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 reasonable opportunity
of being heard in the matter. |
| 8.
Meetings |
| |
(1)
The authority shall meet at such times and places,
and shall observe such rules of procedure in regard
to the transaction of business at its meetings (including
quorum at such meetings) as may be provided by regulations.
(2) The chairperson or, if for any reason, he is
unable to attend a meeting of the authority, vice-chairperson
and in his absence, any other member chosen by the
members present from amongst themselves at the meeting
shall preside at the meeting.
(3) All questions which come up before any meeting
of the authority shall be decided by a majority
vote of the members present and voting, and in the
event of an equality of votes, the chairperson or
in his absence, the person presiding, shall have
a second or casting vote.
(4) The authority 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 the authority shall be invalid
merely by reason of - |
|
(a)
any vacancy in, or any defect in the constitution
of, the authority; or
(b) any defect in the appointment of a person acting
as a member of the authority; or
(c) any irregularity in the procedure of the authority
not affecting the merits of the case. |
| 10.
Officers and other employees of authority |
| |
(1)
The authority may appoint officers and such other
employees as it considers necessary for the efficient
discharge of its functions under this act.
(2) The salary and allowances payable to and the
other conditions of service of the officers and
other employees of the authority appointed under
sub-section (1) shall be such as may be prescribed:
provided that any regulation, in respect of the
salary and allowances payable to and other conditions
of service of the officers and other employees of
the authority, made before the commencement of the
Telecom Regulatory Authority of India (Amendment)
Act, 2000, shall cease to have effect immediately
on the notification of rules made under clause (ca)
of sub-section (2) of section 35.
|
| Chapter
III: Powers and functions of the authority |
| 11.
Functions of authority |
| |
(1)
Notwithstanding anything contained in the Indian
Telegraph Act, 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:
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i)
need and timing for introduction of new service
provider;
(ii) terms and conditions of licence to a service
provider;
(iii) revocation of licence for non-compliance of
terms and conditions of licence;
(iv) measures to facilitate competition and promote
efficiency in the operation of telecommunication
services so as to facilitate growth in such services;
(v) technological improvements in the services provided
by the service providers;
(vi) type of equipment to be used by the service
providers after inspection of equipment used in
the network;
(vii) measures for the development of telecommunication
technology and any other matter relatable to telecommunication
industry in general;
(viii) efficient management of available spectrum; |
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(b)
discharge the following functions, namely: |
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|
(i)
ensure compliance of terms and conditions of licence;
(ii) notwithstanding anything contained in the terms
and conditions the licence granted before the commencement
of the Telecom Regulatory Authority of India (Amendment)
Act, 2000, fix the terms and conditions of inter-connectivity
between the service providers;
(iii) ensure technical compatibility and effective
interconnection between different service providers;
(iv) regulate arrangement amongst service providers
of sharing their revenue derived from providing
telecommunication services;
(v) lay-down the standards of quality of service
to be provided by the service providers and ensure
the quality of service and conduct the periodical
survey of such service pro-vided by the service
providers so as to protect interest of the consumers
of telecommunication service;
(vi) lay-down and ensure the time period for providing
local and long distance circuits of telecommunication
between different service providers;
(vii) maintain register of inter-connect agreements
and of all such other matters as may be provided
in the regulations;
(viii) keep register maintained under clause (vii)
open for inspection to any member of pub-lic on
payment of such fee and compliance of such other
requirement as may be provided in the regulations;
(ix) ensure effective compliance of universal service
obligations; |
| |
(c)
levy fees and other charges at such rates and in
respect of such services as may be de-termined by
regulations; |
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(d)
perform such other functions including such administrative
and financial functions as may be entrusted to it
by the central government or as may be necessary
to carry out the provisions of this act: provided
that the recommendations of the authority specified
in clause (a) of this sub-section shall not be binding
upon the central government: provided further that
the central government shall seek the recommendations
of the authority in respect of matters specified
in sub-clauses (i) and (ii) of clause (a) of this
sub-section in respect of new licence to be issued
to a service provider and the authority shall forward
its recommendations within a period of 60 days from
the date on which that government sought the recommendations:
provided also that the authority may request the
central government to furnish such information or
documents as may be necessary for the purpose of
making recommendations under sub-clauses (i) and
(ii) of clause (a) of this sub-section and that
government shall supply such information within
a period of seven days. from receipt of such request:
provided also that the central government may issue
a licence to a service provider if no recommendations
are received from the authority within the period
specified in the second proviso or within such period
as may be mutually agreed upon between the central
government and the authority: provided also that
if the central government, having considered that
recommendation of the authority, comes to a prima
facie conclusion that such recommendation cannot
be accepted or needs modifications, it shall refer
the recommendation back to the authority for its
reconsideration, and the authority may, within 15
days from the date of receipt of such reference,
forward to the central government its recommendation
after considering the reference made by that government.
After receipt of further recommendation if any,
the central government shall take a final decision.
(2) Notwithstanding anything contained in the Indian
Telegraph Act, 1885 (13 of 1885), the authority
may, from time to time, by order, notify in the
official gazette the rates at which the telecommunication
services within India and outside India shall be
provided under this act including the rates at which
messages shall be transmitted to any country outside
India: provided that the authority may notify different
rates for different persons or class of persons
for similar telecommunication services and where
different rates are fixed as aforesaid the authority
shall record the reasons therefore.
(3) While discharging its functions under sub-section
(1) or sub-section (2), the authority shall not
act against the interest of the sovereignty and
integrity of India, the security of the state, friendly
relations with foreign states, public order, decency
or morality.
(4) The authority shall ensure transparency while
exercising its powers and discharging its functions. |
| 12.
Powers of authority to call for information, conduct
investigations, etc |
| |
(1)
Where the authority considers it expedient so to
do, it may, by order in writing - |
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|
(a)
call upon any service provider at any time to furnish
in writing such information or explaination relating
to its affairs as the authority may require; or
(b) appoint one or more persons to make an inquiry
in relation to the affairs of any service provider;
and
(c) direct any of its officers or employees to inspect
the books of account or other documents of any service
provider. |
| |
(2)
Where any inquiry in relation to the affairs of
a service provider has been undertaken under sub-section
(1) - |
| |
|
(a)
every office of the government department, if such
service provider is a department of the government;
(b) every director, manager, secretary or other
officer, if such service provider is a company;
or
(c) every partner, manager, secretary or other officer,
if such service provider is a firm; or
(d) every other person or body of persons who has
had dealings in the course of business with any
of the persons mentioned in clauses (b) and (c),
shall be bound to produce before the authority making
the inquiry, all such books of account or other
documents in his custody or power relating to, or
having a bearing on the subject-matter of such inquiry
and also to furnish to the authority with any such
statement or information relating thereto, as the
case may be, required of him, within such time as
may be specified. |
| |
(3)
Every service provider shall maintain such books
of account or other documents as may be prescribed.
(4) The authority shall have the power to issue
such directions to service providers as it may consider
necessary for proper functioning by service providers. |
| 13.
Power of authority to issue directions |
| |
The
authority may, for the discharge of its functions
under sub-section (1) of section 11, issue such
directions from time to time to the service providers,
as it may consider necessary: provided that no direction
under sub-section (4) of section 12 or under this
section shall be issued except on the matters specified
in clause (b) of sub-section (1) of section 11.
|
| Chapter
IV: Appellate Tribunal |
| 14.
Establishment of Appellate Tribunal |
| |
The
central government shall, by notification, establish
an Appellate Tribunal to be known as the Telecom
Disputes Settlement and Appellate Tribunal to - |
| |
(a)
adjudicate any dispute - |
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|
(i)
between a licensor and a licensee;
(ii) between two or more service providers;
(iii) between a service provider and a group of
consumers: |
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Provided
sthat nothing in this clause shall apply in respect
of matters relating to - |
| |
(A)
the monopolistic trade practice, restrictive trade
practice and unfair trade practice which are subject
to the jurisdiction of the Monopolies and Restrictive
Trade Practices Commission established under sub-section
(1) of section 5 of the Monopolies and Restrictive
Trade Practices Act, 1969;
(B) the complaint of an individual consumer maintainable
before a Consumer Disputes Redressal Forum or a
Consumer Disputes Redressal Commission or the National
Consumer Redressal Commission established under
section 9 of the Consumer Protection Act, 1986;
(C) the dispute between the telegraph authority
and any other person referred to in sub-section
(1) of section 7B of the Indian Telegraph Act, 1885;
(b) hear and dispose of appeal against any direction,
decision or order of the authority under this Act. |
| 14
A. Application for settlement of disputes and appeals
to the Appellate Tribunal |
| |
(1)
The central government or a state government or
a local authority or any person may make an application
to the Appellate Tribunal for adjudication of any
dispute referred to in clause (a) of section 14.
(2) The central government or a state 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 Appellate Tribunal.
(3) Every appeal under sub-section (2) shall be
preferred within a period of 30 days from the date
on which a copy of the direction or order or decision
made by the authority is received by the central
government or the state government or the local
authority or the aggrieved person and it shall be
in such form, verified in such manner and be accompanied
by such fee as may be prescribed: provided that
the Appellate Tribunal may entertain any appeal
after the expiry of the said period of 30 days if
it is satisfied that there was sufficient cause
for not filing it within that period.
(4) On receipt of an application under sub-section
(1) or an appeal under sub-section (2), the Appellate
Tribunal may, after giving the parties to the dispute
or the appeal an opportunity of being heard, pass
such orders thereon as it thinks fit.
(5) The Appellate Tribunal shall send a copy of
every order made by it to the parties to the dispute
or the appeal and to the authority, as the case
may be.
(6) The application made under sub-section (1) or
the appeal preferred under sub-section (2) shall
be dealt with by it as expeditiously as possible
and endeavour shall be made by it to dispose of
the application or appeal finally within 90 days
from the date of receipt of application or appeal,
as the case may be: provided that where any such
application or appeal could not be disposed of within
the said period of 90 days, the Appellate Tribunal
shall record its reasons in writing for not disposing
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 any dispute made in any application under sub-section
(1) or of any direction or order or decision of
the authority referred to in the appeal preferred
under sub-section (2), on its own motion or otherwise,
call for the records relevant to disposing of such
application or appeal and made such orders as it
thinks fit. |
| 14B.
Composition of the Appellate Tribunal |
|
(1)
The Appellate Tribunal shall consist of a chairperson
and not more than two members to be appointed, by
notification, by the central government.
(2) The selection of chairperson and members of
the Appellate Tribunal shall be made by the central
government in consultation with the chief justice
of India.
(3) Subject to the provisions of this act, - |
|
|
(a)
the jurisdiction of the Appellate Tribunal may be
exercised by the benches thereof;
(b) a bench may be constituted by the chairperson
of the Appellate Tribunal with one or two members
of such tribunal as the chairperson may deem fit;
(c) the benches of the Appellate Tribunal shall
ordinarily sit at New Delhi and at such other places
as the central government may, in consultation with
the chairperson of the Appellate Tribunal, notify;
(d) the central government shall notify the areas
in relation to which each bench of the Appellate
Tribunal may exercise its jurisdiction. |
| |
(4)
Notwithstanding anything contained in sub-section
(2), the chairperson of the Appellate Tribunal may
transfer a member of such tribunal from one bench
to another bench. |
| |
(5)
If at any stage of the hearing of any case or matter
it appears to the chairperson or a member of the
Appellate Tribunal that the case or matter is of
such a nature that it ought to be heard by a bench
consisting of two members, the case or matter may
be transferred by the chairperson to such bench
as the chairperson may deem fit. |
| 14C.
Qualifications for appointment of chairperson and
members |
| |
A
person shall not be qualified for appointment as
the 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 high
court;
(b) in the case of a member, has held the post of
secretary to the government of India or any equivalent
post in the central government or the state government
for a period of not less than 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 other member of the Appellate
Tribunal shall hold office as such for a term not
exceeding three years from the date on which he
entered upon his office: provided that no chairperson
or other member shall hold office as such after
he has attained, - |
|
|
(a)
in the case of chairperson, the age of 70 years;
(b) in the case of any other member, the age of
65 years. |
| 14E.
Terms and conditions of service |
| |
The
salary and allowances payable to and other terms
and conditions of service of the chairperson and
other members of the Appellate Tribunal shall be
such as may be prescribed: provided that neither
the salary and allowances nor the other terms and
conditions of service of the chairperson or a member
of the Appellate Tribunal shall be varied to his
disadvantage after appointment. |
| I4F.
Vacancies |
| |
If,
for reason other than temporary absence, any vacancy
occurs in the office of the chairperson or a member
of the Appellate Tribunal, the central government
shall appoint another person in accordance with
the provisions of this act to fill the vacancy and
the proceedings may be continued before the Appellate
Tribunal from the stage at which the vacancy is
filled. |
| 14G.
Removal and resignation |
| |
(1)
The central government may remove from office, the
chairperson or any member of the Appellate Tribunal,
who - |
| |
|
(a)
has been adjudged an insolvent; or
(b) has been convicted of an offence which, in the
opinion of the central government, involves moral
turpitude; or
(c) has become physically or mentally incapable
of acting as the chairperson or a member; or
(d) has acquired such financial or other interest
as is likely to affect prejudicially his functions
as the chairperson or a member; or
(e) has so abused his position as to render his
continuance in office prejudicial to the public
interest. |
| |
(2)
Notwithstanding anything contained in sub-section
(1), the chairperson or a member of the Appellate
Tribunal 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 reference being 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 be removed.
(3) The central government may suspend from office,
the chairperson or a member of the Appellate Tribunal
in respect of whom a reference has been made to
the supreme court under sub-section (2), until the
central government has passed an order on receipt
of the report of the supreme court on such reference. |
| 14H.
Staff of Appellate Tribunal |
| |
(1)
The central government shall provide the Appellate
Tribunal with such officers and employees as it
may deem fit.
(2) The officers and employees of the Appellate
Tribunal shall discharge their functions under the
general superintendence of its chairperson.
(3) The salaries and allowances and other conditions
of service of the officers and employ-ees of the
Appellate Tribunal shall be such as may be prescribed. |
| 14I.
Distribution of business amongst benches |
|
Where
benches are constituted, the chairperson of the
Appellate Tribunal may, from time to time, by notification,
make provisions as to the distribution of the business
of the Appellate Tribunal amongst the benches and
also provide for the matters which may be dealt
with by each bench. |
| 14J.
Power of chairperson to transfer cases |
| |
On
the application of any of the parties and after
notice to the parties, and after hearing such of
them as he may desire to be heard, or on his own
motion without such notice, the chairperson of the
Appellate Tribunal may transfer any case pending
before one bench, for disposal, to any other bench.
|
| 14K.
Decision to be by majority |
| |
If,
the members of a bench consisting of two members
differ in opinion on any point, they shall state
the point or points on which they differ, and make
a reference to the chairperson of the Appellate
Tribunal who shall hear the point or points himself
and such point or points shall be decided according
to the opinion of the majority who have heard the
case, including those who first heard it. |
| 14L.
Members, etc., to be public servants |
|
The
chairperson, members and other officers and employees
of the Appellate Tribunal shall be deemed to be
public servants within the meaning of section 21
of the Indian Penal Code (45 of 1860). |
| 14M.
Transfer of pending cases |
| |
All
applications, pending for adjudication of disputes
before the authority immediately before the date
of establishment of the Appellate Tribunal under
this act, shall stand transferred on that date to
such tribunal:
provided that all disputes being adjudicated under
the provisions of chapter IV as it stood immediately
before the commencement of the Telecom Regulatory
Authority of India (Amendment) Act, 2000, shall
continue to be adjudicated by the authority in accordance
with the provisions contained in that chapter, till
the establishment of the Appellate Tribunal under
this act: provided further that all cases referred
to in the first proviso shall be transferred by
the authority to the Appellate Tribunal immediately
on its establishment under section 14. |
| 14N.
Transfer of appeals |
| |
(1)
All appeals pending before the high court immediately
before the commencement of the Telecom Regulatory
Authority of India (Amendment) Act, 2000, shall
stand transferred to the Appellate Tribunal on its
establishment under section 14.
(2) Where any appeal stands transferred from the
high court to the Appellate Tribunal under sub-section
(1), - |
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(a)
the high court shall, as soon as may be after such
transfer, forward the records of such appeal to
the Appellate Tribunal; and
(b) the Appellate Tribunal may, on receipt of such
records, proceed to deal with such ap-peal, so far
as may be from the stage which was reached before
such transfer or from any earlier stage or de novo
as to Appellate Tribunal may deem fit. |
| 15.
Civil court not to have jurisdiction |
| |
No
civil court shall have jurisdiction to entertain
any suit or proceeding in respect of any matter
which the Appellate Tribunal is empowered by or
under this act to determine and no injunction shall
be granted by any court or other authority in respect
of any action taken or to be taken in pursuance
of any power conferred by or under this act. |
| 16.
Procedure and powers of Appellate Tribunal |
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(1)
The Appellate Tribunal shall not be bound by the
procedure laid down by the Code of Civil Procedure,
1908 (5 of 1908), but shall be guided by the principles
of natural justice and, subject to the other provisions
of this act, the Appellate Tribunal shall have powers
to regulate its own procedure.
(2) The Appellate Tribunal shall have, for the purpose
of discharging its functions under this act, the
same 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: - |
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(a)
summoning and enforcing the attendance of any person
and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) subject to the provisions of sections 123 and
124 of the Indian Evidence Act, 1872, requisitioning
any public record or document or a copy of such
record or document, from any office;
(e) issuing commissions for the examination of witnesses
or documents;
(f) reviewing in decisions;
(g) dismissing an application for default or deciding
it, ex parte;
(h) setting aside any order of dismissal of any
application for default or any order passed by it,
ex parte; and
(i) any other matter which may be prescribed. |
| |
(3)
Every proceeding before the Appellate Tribunal shall
be deemed to be a judicial pro-ceeding within the
meaning of sections 193 and 228, and for the purposes
of section 196, of the Indian Penal Code (45 of
1860) and the Appellate Tribunal shall be deemed
to be a civil court for the purposes of section
195 and Chapter XXVI of the Code of Criminal Procedure,
1973 (2 of 1974). |
| 17.
Right to legal representation |
| |
The
applicant or appellant may either appear in person
or authorise one or more chartered accountants or
company secretaries or cost accountants or legal
practitioners or any of its officers to present
his or its case before the Appellate Tribunal.
Explanation: For the purposes of this section, -
|
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(a)
'Chartered accountant' means a chartered accountant
as defined in clause (b) of sub-section (1) of section
2 of the Chartered Accountants Act, 1949 (38 of
1949) of and who has obtained a certificate of practice
under sub-section (1) of section 6 of that act;
(b) 'Company secretary' means a company secretary
as defined in clause (c) of sub-section (1) of section
2 of the Companies Secretaries Act, 1980 (56 of
1980) and who has obtained a certificate of practice
under sub-section (1) of section 6 of that act;
(c) 'Cost accountant' means a cost accountant as
defined in clause (b) of sub-section (1) of section
2 of the Cost and Works Accountants Act, 1959 (23
of 1959) and who has ob-tained a certificate of
practice under sub-section (1) of section 6 of that
act;
(d) 'Legal practitioner' means an advocate, vakil
or an attorney of any high court, and includes a
pleader in practice. |
| 18.
Appeal to supreme court |
| |
|
(1)
Not withstanding anything contained in the Code
of Civil Procedure, 1908 (5 of 1908) or in any other
law, an appeal shall lie against any order, riot
being an interlocutory order, of the Appellate Tribunal
to the supreme court on one or more of the grounds
specified in section 100 of that code.
(2) No appeal shall lie against any decision or
order made by the Appellate Tribunal with the consent
of the parties.
(3) Every appeal under this section shall be preferred
within a period of 90 days from the date of the
decision or order appealed against: provided that
the supreme court may entertain the appeal after
the expiry of the said period of 90 days, if it
is satisfied that the appellant was prevented by
sufficient cause from preferring the appeal in time. |
| 19.
Orders passed by Appellate Tribunal to be executable
as a decree |
| |
(1)
An order passed by the Appellate Tribunal under
this act shall be executable by the Appellate Tribunal
as a decree of civil court, and for this purpose,
the Appellate Tribunal shall have all the powers
of a civil court.
(2) Notwithstanding anything contained in sub-section
(1), the Appellate Tribunal may transmit any order
made by it to a civil court having local jurisdiction
and such civil court shall execute the order as
if it were a decree made by that court. |
| 20.
Penalty for wilful failure to comply with orders
of Appellate Tribunal |
| |
If
any person wilfully fails to comply with the order
of the Appellate Tribunal, he shall be punishable
with fine which may extend to one lakh rupees and
in case of a second or subsequent offence with fine
which may extend to two lakh rupees and in the case
of continuing contravention with additional fine
which may extend to Rs two lakh for every day during
which such default continues.
|
| Chapter
V: Finance, accounts and audit |
| 21.
Grants by central government |
|
|
The
central government may, after due appropriation
made by parliament by law in this behalf, make to
the authority grants of such sums of money as are
required to pay salaries and allowances payable
to the chairperson and the members and the administrative
expenses including the salaries, allowances and
pension payable to or in respect of officers and
other employees of the authority. |
| 22.
Fund |
| |
(1)
There shall be constituted a fund to be called the
Telecom Regulatory Authority of India General Fund
and there shall be credited thereto - |
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|
(a)
all grants, fees and charges received by the authority
under this act; and
(b) all sums received by the authority from such
other sources as may be decided upon by the central
government. |
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(2)
The fund shall be applied for meeting - |
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|
(a)
the salaries and allowances payable to the chairperson
and members and the administrative expenses including
the salaries, allowances and pension payable to
or in respect of officers and other employees of
the authority; and
(b) the expenses on objects and for purposes authorised
by this act. |
| 23.
Accounts and audit |
| |
(1)
The authority shall maintain proper accounts and
other relevant records and prepare an annual statement
of accounts in such form as may be prescribed by
the central government in consultation with the
comptroller and auditor-general of India.
(2) The accounts of the authority shall be audited
by the comptroller and auditor-general of India
at such intervals as may be specified by him and
any expenditure incurred in connection with such
auditor shall be payable by the authority to the
comptroller and auditor-general of India.
Explanation: For the removal of doubts, it is hereby
declared that the decisions of the authority taken
in the discharge of its functions under clause (b)
of sub-section (1) and sub-section (2) of section
11 and section 13, being matters appealable to the
Appellate Tribunal, shall not be subject to audit
under this section.
(3) The comptroller and auditor-general of India
and any other person appointed by him in connection
with the audit of the accounts of the authority
shall have the same rights and privileges and authority
in connection with such audit as the comptroller
and auditor-general generally has, in connection
with the audit of the government accounts and, in
particular, shall have the right to demand the production
of books, accounts, connected vouchers and other
documents and papers and to inspect any of the offices
of the authority.
(4) The accounts of the authority as certified by
the comptroller and auditor-general of India or
any other person appointed by him in this behalf
together with the audit report thereon shall be
forwarded annually to the central government and
that government shall cause the same to be laid
before each house of Parliament. |
| 24.
Furnishing of returns, etc. to central government |
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(1)
The authority shall furnish to the central government
at such time and in such form and manner as may
be prescribed or as the central government may direct,
such returns and statements and such particulars
in regard to any proposed or existing programme
for the promotion and development of the telecommunication
services, as the central government may, from time
to time, require.
(2) The authority shall prepare once every year
in such form and at such time as may be prescribed,
an annual report giving a summary of its activities
during the previous year and copies of the report
shall be forwarded to the central government.
(3) A copy of the report received under sub-section
(2) shall be laid, as soon as may be after it is
received, before each house of parliament.
|
| Chapter
VI: Miscellaneous |
| 25.
Power of central government to issue directions |
|
(1)
The central government may, from time to time, issue
to the authority such directions as it may think
necessary in the interest of the sovereignty and
integrity of India, the security of the state, friendly
relations with foreign states, public order decency
or morality.
(2) Without prejudice to the foregoing provisions,
the authority shall, in exercise of its powers or
the performance of its functions, be bound by such
directions on questions of policy as the central
government may give in writing to it from time to
time: provided that the authority shall, as far
as practicable, be given an opportunity to express
its views before any direction is given under this
sub-section.
(3) The decision of the central government whether
a question is one of policy or not shall be final. |
| 26.
Members, officers and employees of authority to
be public servants |
| |
All
members, officers and other employees of the authority
shall be deemed, when acting or purporting to act
in pursuance of any of the provisions of this act
to be public servants within the meaning of section
21 of the Indian Penal Code (45 of 1860). |
| 27.
Bar of jurisdiction |
| |
No
civil court shall have jurisdiction in respect of
any matter which the authority is empowered by or
under this act to determine. |
| 28.
Protection of action taken in good faith |
| |
No
suit, prosecution or other legal proceedings shall
lie against the central government or the authority
or any officer of the central government or any
member, officer or other employees of the authority
for anything which is in good faith done or intended
to be done under this act or the rules or regulations
made thereunder. |
| 29.
Penalty for contravention of directions of authority |
| |
If
a person violates directions of the authority, such
person shall be punishable with fine which may extend
to Rs one lakh and in case of second or subsequent
offence with fine which may extend to Rs two lakh
and in the case of continuing contravention with
additional fine which may extend to Rs two lakh
for everyday during which the default continues. |
| 30.
Offences by companies |
| |
(1)
Where an offence under this act has been committed
by a company, every person who at the time the offence
was committed was in charge of, and was responsible
to, the company for the conduct of the business
of the company, as well as the company, shall be
deemed to be guilty of the offence and shall be
liable to be proceeded against and punished accordingly:
provided that nothing contained in this sub-section
shall render any such person liable to any punishment
provided in this act if he proves that the offence
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