PART
- 1
Telecommunications
Laws
THE TELECOM REGULATORY AUTHORITY
OF INDIA ACT, 1997
CHAPTER I
Preliminary
1. Short title, extent and commencement 69
2. Definitions 69
CHAPTER II
Telecom
Regulatory Authority of India
3. Establishment and incorporation of Authority 70
4. Qualification for appointment of Chairperson and other members 71
5. Term of office, conditions of service, etc., of Chairperson and
other members 71
6. Powers of Chairperson and vice-Chairperson 73
7. Removal and suspension of member from office in certain
circumstances 73
8. Meetings 74
9. Vacancies, etc., not to invalidate proceedings of Authority 74
10. Officers and other employees of Authority 74
CHAPTER III
Powers and
Functions of the Authority
11. Functions of Authority 75
12. Powers of Authority to call for information, conduct
investigations, etc. 78
13. Power of Authority to issue directions 78
CHAPTER IV
Appellate
tribunal
14. Establishment of Appellate Tribunal 79
14A. Application for settlement of disputes and
appeals to Appellate Tribunal 79
14B. Composition of Appellate Tribunal 80
14C. Qualifications for appointment of Chairperson
and Members 81
14D. Term of office 81
14E. Terms and conditions of service 81
14F. Vacancies 82
14G. Removal and resignation 82
14H. Staff of Appellate Tribunal 82
14I. Distribution of business among Benches 82
14J. Power of Chairperson to transfer cases 83
14K. Decision to be by majority 83
14L. Members, etc, to be public servants 83
14M. Transfer of pending cases 83
14N. Transfer of Appeals 83
15. Civil Court not to have jurisdiction 83
16. Procedures and Powers of Appellate Tribunal 84
17.
Right
to legal representation 84
18. Appeal to Supreme Court 85
19. Orders passed by Appellate Tribunal to be
executable as a decree 85
20. Penalty for wilful failure to comply with
orders of Appellate Tribunal 85
CHAPTER V
Finance,
accounts and audit
21. Grants by Central Government 86
22. Fund 86
23. Accounts and audit 86
24. Furnishing of returns, etc. to the Central Government 87
CHAPTER VI
Miscellaneous
25. power of Central
Government to issue directions 87
26. Members, officers and employees of Authority to be public servants 87
27. Bar of Jurisdiction 88
28. Protection of action taken in good faith 88
29. Penalty for contravention of directions of Authority 88
30. Offences by companies 88
31. Offences by Government Departments 88
32. Exemption from tax on wealth and income 89
33. Delegation 89
34. Congnizance of offences 89
35. Power to make rules 89
36. Power to make regulations 90
37. Rules and regulations to be laid before Parliament 91
38. Application of certain laws 91
39. Power to remove difficulties 91
40. Repeal and saving 91
___________________
THE TELECOM
REGULATORY AUTHORITY
OF INDIA ACT, 1997
[Amended][1]
An
Act
To provide for the establishment of
(Telecom Regulatory Authority of India and the Telecom Disputes Settlement and
Appellate Tribunal to regulate the telecommunication 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 Forty-eighth 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 25 January, 1997.
2.
Definitions.—(1) In this Act, unless the context otherwise requires,—
(a) ‘appointed
day’ means the date with effect from which the Authority is established under sub-section
(1) of section 3;
[2][(aa) ‘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 Indian Telegraph Act, 1885 (13 of 1885) for
providing specified public telecommunication services;
[3][(ea) ‘licensor’ means the Central Government or the
telegraph authority who grants a licence under 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 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 [4][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
tex services, video tex 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 mean but shall not include
broadcasting services;
[5][Provided
that the Central Government may notify other service to be telecommunication
service including broadcasting services.]
(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.
[6][(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.
[7][4.
Qualification 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.
[8][(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 sixty-five
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 [9][selection
as the Chairperson or whole-time member] shall have to retire from service
before [10][joining
as the Chairperson or a whole-time member.]
(5)
The salary and allowances payable to and the other terms and conditions of
service of the Chairperson and [11][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.
[12][(6A)
The part-time members shall receive such allowances as may be prescribed.]
(7)
Notwithstanding anything contained in sub-section (2) [13][*
* * *], a member may—
(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.
(8)
The Chairperson or any [14][whole-time
member] ceasing to hold office as such, shall—
(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 [15][one
year] from the date he ceases to hold such office:
[16][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.]
(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 meetings of
the Authority, exercise and discharge such powers and functions of the
Authority and shall discharge such other powers and functions as may be
presecrined.
(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,—
(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 functions as a member, or
(e) has so abused his position as to render his
continuance in office prejudicial to the public interest.
[17][(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 meeting) 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 [18][prescribed]:
[19][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.— [20][(1)Notwithstanding
anything contained in the Indian Telegraph 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 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
improvement 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;
(b) discharge the following functions, namely:
(i) ensure
compliance of terms and conditions of licence;
(ii) notwithstanding
anything contained in the terms and conditions of 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 inter-connection 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
provided by the service providers so as to protect interest of the consumers of
telecommunications 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 interconnect 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
public 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 determined by regulations;
(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 sixty 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 fifteen 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 therefor.
(3)
While discharging its functions [21][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,—
(a) call upon any service provider at any time to
furnish in writing such information or explanation 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 officer 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 found 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, 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:
[22][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.]
[23][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–
(i) between
a licensor and a licensee;
(ii) between
two or more service providers;
(iii) between
a service provider and a group of consumers;
Provided
that 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 (54 of
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 (68 of
1986);
(C) dispute
between telegraph authority and any other person referred to in sub-section (1)
of section 7B of the Indian Telegraph Act 1885 (13 of 1885);
(b) hear and dispose of appeal against any
direction, decision or order of the Authority under this Act.
14A.
Application for settlement of disputes and appeals to 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 thirty
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 thirty 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 ninety 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 ninety 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 deposing of such application or
appeal and make such orders as it thinks fit.
14B.
Composition of 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 enters 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
seventy years;
(b) in the case of any other Member, the age of
sixty five years.
14E.
Terms and conditions of service.—The salary and allowances payable to
and the 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.
14F.
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 such officers
and employees of the Appellate Tribunal shall be such as may be prescribed.
14I.
Distribution of business among 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
dispute 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 Trai (amendment)
Act, 2000, shall continued to be adjudicated by the authority in accordance with the provisions, contained in
that Chapter, till the establishment of the Appellate Tribunal under the said
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 Trai
(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) —
(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 appeal, so far as may be from the stage
which was reached before such transfers or from any earlier stage or de novo
as the Appellate Tribunal may deem fit.
15.
Civil Court not to have jurisdiction—No Civil Court shall have
jurisdiction to entertain any suit or proceedings 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.
Procedures and Powers of Appellate Tribunal—(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 purposes 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:
(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 (1 of 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 its 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
proceeding 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,—
(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) 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 Company 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 obtained 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) Notwithstanding anything contained 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 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 ninety
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 ninety 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 two lakh rupees 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-
(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.
(2)
The Fund shall be applied for meeting—
(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.
[24][Explanation,—For
the removal of doubts, it is hereby declared that the decision of the Authority
taken in 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 persons 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 the Central Government.—(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 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 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 one lakh rupees and in case of 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 two lakh rupees for
every day 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 was
committed without his knowledge or that he has exercised all due diligence to
prevent the commission of such offence.
(2)
Notwithstanding anything contained in sub-section (1), where an offence under
this Act has been committed by a company and it is proved that the offence has
been committed with the consent or connivance of, or is attributable to, any
neglect on the part of any director, manager, secretary or other officer of the
company, such director, manager, secretary or other officer shall also be
deemed to be guilty of the offence and shall be liable to be proceeded against
and punished accordingly.
Explanation.—For
the purposes of this section,—
(a) ‘company’ means any body corporate and
includes a firm or other association of individuals; and
(b) ‘director’, in relation to a firm, means a
partner in the firm.
31.
Offences by Government Departments.—(1) Where an offence under this Act has
been committed by any Department of Government, the Head of the Department
shall be deemed to be guilty of the offence and shall be liable to be proceeded
against and punished accordingly unless he proves that the offence was
committed without his knowledge or that he exercised all due diligence to
prevent the commission of such offence.
(2)
Notwithstanding anything contained in sub-section (1) where an offence under
this Act has been committed by a Department of Government and it is proved 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 the Head of
the Department, such officer shall also be deemed to be guilty of that offence
and shall be liable to be proceeded against and punished accordingly.
32.
Exemption from tax on wealth and income.—(1) Notwithstanding anything contained in
the Wealth-tax Act, 1957 (27 of 1957), the Income-tax Act, 1961 (43 of 1961),
or any other enactment for the time being in force relating to tax on wealth,
income, profits or gains, the Authority shall not be liable to pay wealth-tax,
income-tax, or any other tax in respect of their wealth, income, profits or
gains derived.
33.
Delegation.—The Authority may, by general or special order in writing, delegate to
any member, officer of the Authority or any other person subject to such
conditions, if any, as may be specified in the order, such of its powers and
functions under this Act (except the power to settle dispute under Chapter IV
and to make regulation under section 36) as it may deem necessary.
34.
Congnizance of offences.—(1) No court shall take cognizance of any offence
punishable under this Act or the rules or regulations made thereunder, save on
a complaint made by the Authority.
(2)
No court inferior to that of a Chief Metropolitan Magistrate or a Chief
Judicial Magistrate of first class shall try any offence punishable under this
Act.
35.
Power to make rules.—(1) The Central Government may, by notification make rules
for carrying out the purposes of this Act.
(2)
In particular, and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following matters, namely:
(a) the salary and allowances payable to and the
other conditions of service of the Chairperson and members under sub-section
(5) of section 5;
[25][(aa) the allowances payable to the part-time
members under sub-section (6A) of section 5;]
(b) the powers and functions of the Chairperson
under sub-section (1) of section 6.
(c) The procedure for conducting an inquiry made
under sub-section (2) of section 7.
[26][(ca) the salary and allowances and other
conditions of service of officers and other employees of the Authority under sub-section
(2) of section 10;]
(d) the category of books of account or other
documents which are required to be maintained under sub-section (3) of section
12;
[27][(da) the form, the manner of its
verification and the fee under sub-section (3) of section 14A;
(db) the salary and allowances payable to and
other terms and conditions of service of the Chairp3erson and other Members of
the Appellate Tribunal under section 14E;
(dc) the salary and allowances and other
conditions of service of the officers and employees of the Appellate Tribunal
under sub-section (3) of section 14H;
(dd) any other power of a civil court
required to be prescribed under clause (i) of sub-section (2) of section 16;]
(e) the period within which an application is to be
made under sub-section (1) of section 15;
(f) the manner in which the accounts of the
Authority shall be maintained under sub-section (1) of section 23;
(g) the time within which and the form and manner
in which returns and report are to be made to the Central Government under
sub-sections (1) and (2) of section 24;
(h) Any other matter which is to be, or may be,
prescribed, or in respect of which provision is to be made, by rules.
36.
Power to make regulations.—(1) The Authority may, by notification, make
regulations consistent with this Act and the rules made thereunder to carry out
the purposes of this Act.
(2)
In particular, and without prejudice to the generality of the foregoing power,
such regulations may provide for all or any of the following matters, namely:
(a) the times and places of meetings of the
Authority and the procedure to be followed at such meetings under sub-section
(1) of section 8, including quorum necessary for the transaction of business;
(b) the transaction of business at the meetings
of the Authority under sub-section (4) of section 8;
[28][(c) *
* *]
(d) matters in respect of which register is to be
maintained by the authority [29][under
sub-clause (vii) of clause (b)] of sub-section (1) of section 1];
(e) levy of fee and lay down such other
requirements on fulfilment of which a copy of register may be obtained [30][under
sub-clause (viii) of clause (b) of sub-section (1) of section 11;
(f) levy of fees and other charges [31][under
clause (c)] of sub-section (1) of section 11;
37.
Rules and regulations to be laid before Parliament.—Every rule and
every regulation made under this Act shall be laid, as soon as may be after it
is made, before each House of Parliament, while it is in session, for a total
period of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree
in making any modification in the rule and regulation or both Houses agree that
the rule or regulation should not be made, the rule or regulation shall
thereafter have effect only in such modified form or be of no effect, as the
case may be, so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule
or regulation.
38.
Application of certain laws.—The provisions of this Act shall be in addition to
the provisions of the Indian Telegraph Act, 1885 (13 of 1885) and the Indian
Wireless Telegraphy Act, 1933 (17 of 1933) and, in particular, nothing in this
Act shall affect any jurisdiction, powers and functions required to be
exercised or performed by the Telegraph Authority in relation to any area
falling within the jurisdiction of such Authority.
39.
Power to remove difficulties.—(1) If any difficulty arises in giving
effect to the provisions of this Act, the Central Government may, by order,
published in the Official Gazette, make such provisions not inconsistent with
the provisions of this Act as may appear to be necessary for removing the
difficulty:
Provided
that no order shall be made under this section after the expiry of two years
from the date of commencement of this Act.
(2)
Every order made under this section shall be laid, as soon as may be after it
is made, before each House of Parliament.
40.
Repeal and saving.—(1) The Telecom Regulatory Authority
of India Ordinance, 1997 (Ordinance 11 of 1997)[32]
is hereby repealed.
(2)
Notwithstanding such repeal, anything done or any action taken under the said
Ordinance shall be deemed to have been done or taken under the corresponding
provisions of this Act.
MINISTRY OF
COMMUNCIATION AND INFORMATION TECHNOLOGY
(Department of Telecommunications)
NOTIFICATION
New Delhi, the 9th January, 2004
S.O. 44(E). - In exercise of
the powers conferred by the proviso to clause (k) of Sub-section (1) of Section
2 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997), the
Central Government hereby notifies the broadcasting services and cable services
to be telecommunication service.
[F.No. 13-1/2004 - Restg.]
P.K.
TIWARI, Dy. Secy (Restg.)
ORDER
New Delhi, the 9th January, 2004
S.O. 45(E). - In exercise of the powers conferred by
clause (d) of Sub-clause (1) of Section 11 of the Telecom Regulatory Authority
of India Act, 1997 (24 of 1997) (hereinafter referred to as the Act), the
Central Government hereby entrusts the following additional functions to the
Telecom Regulatory Authority of India, established under Sub-section (1) of
Section 3 of the Act, in respect of broadcasting services and cable services,
namely:-
(1) Without
prejudice to the provisions contained in clause (a) of Sub-section (1) of Section
11 of the Act, to make recommendation regarding -
(a) the
terms and conditions on which the "Addressable systems" shall be
provided to customers Explanation - For the purposes of this clause,
"addressable system" with its grammatical variation, means an
electronic device or more than one electronic devices put in an integrated
system through which signals of cable television network can be sent in
encrypted or unencrypted form, which can be decoded by the device or devices at
the premises of the subscriber within the limits of authorisation made, on the
choice and request of such subscriber, by the cable operator for that purpose
to the subscriber,
(b) the
parameters for regulating maximum time for advertisements in pay channels as
well as other channels.
(2) Without
prejudice to the provisions of Sub-section(2) of Section 11 of the Act, also to
specify standard norms for, and periodicity of, revision of rates of pay
channels, including interim measures.
[F.No. 13-1/2004 - Restg.]
P.K.
TIWARI, Dy. Secy (Restg.)
THE INDIAN
TELEGRAPH ACT, 1885
PART I
Preliminary
1. Short
title, local extent and commencement
99
2. Repeal
and savings 99
3. Definitions
99
PART II
Privileges and Powers of the
Government
4. Exclusive
privilege in respect of telegraphs, and power to grant licenses 100
5. Power
for Government to take possession of licensed telegraphs and to order
interception of messages 101
6. Power
to establish telegraph on land of Railway Company 102
6A. Power
to notify rates for transmission of messages to countries outside India 102
7. Power
to make rules for the conduct of telegraphs 102
7A. Saving
of existing agreements 105
7B. Arbitration
of disputes 105
8. Revocation
of licenses 105
9. Government
not responsible for loss or damage
105
PART IIA
Universal
Service Obligation Fund
9A. Establishment
of Universal Service Obligation Fund
106
9B. Crediting
of sums to Consolidated Fund of India
106
9C. Grants
and loans by Central Government 106
9D. Administration
and utilisation of Fund 106
PART III
Power to place Telegraph Lines
and Posts
10. Power
for telegraph authority to place and maintain telegraph lines and posts 106
11. Power
to enter on property in order to repair or remove telegraph lines or posts 107
Provisions applicable to
property vested in or under the control or management of Local Authorities
12. Power
for local authority to give permission under section 10, clause (c), subject to
conditions 107
13. Power
for local authority to require removal or alteration of telegraph line or post 107
14. Power
to alter position of gas or water pipes or drains 108
15. Disputes
between telegraph authority and local authority 108
Provisions applicable to other
property
16. Exercise
of powers conferred by section 10, and disputes as to compensation, in case of
property other than that of a
local authority 108
17. Removal
or alteration of telegraph line or post on property other than that of a local
authority 109
Provisions applicable to all
property
18. Removal
of trees interrupting telegraphic communication 110
19. Telegraph
lines and posts placed before passing of this Act 110
19A. Person
exercising legal right likely to damage telegraph or interfere with telegraphic
communication to give notice 110
19B. Power
to confer upon licensee powers of telegraph authority under this Part 111
PART IV
Penalties
20. Establishing,
maintaining or working unauthorised telegraph 111
20A. Breach
of condition of license 112
21. Using
unauthorised telegraphs 112
22. Opposing
establishment of telegraphs on railway land 112
23. Intrusion
into signal-room, trespass in telegraph office or obstruction 112
24. Unlawfully
attempting to learn the contents of messages 112
25. Intentionally
damaging or tampering with telegraphs 112
25A. Injury
to or interference with a telegraph line or post 113
26. Telegraph
officer or other official making away with or altering, or unlawfully
intercepting or disclosing messages, or divulging purport of signals 113
27. Telegraph
officer fraudulently sending messages without payment 113
28. Misconduct
114
29. [Sending
fabricated messages] 114
29A. Penalty
114
30. Retaining
a message delivered by mistake 114
31. Bribery 114
32. Attempts
to commit offences 114
PART V
Supplemental Provision
33. Power
to employ additional police in places where mischief to telegraphs is
repeatedly committed 115
34. Application
of Act to Presidency-towns 115
35. Reference
to certain laws of Part B States. 115
___________________
THE INDIAN
TELEGRAPH ACT, 1885[33]
An
Act
to amend the law
relating to Telegraphs in India
Whereas it is expedient to amend the law
relating to telegraphs in India;
It
is hereby enacted as follows:
PART I
Preliminary
1.
Short title, local extent and commencement.—(1) This Act may be called the
Indian Telegraph Act, 1885.
(2)
It extends to the whole of India [34][*
* * * * *].
(3) It shall come into force on
the first day of October 1885.
2.
Repeal and savings.— [35][*
* * * *]
3.
Definitions.—In this Act, unless there is something repugnant in the
subject or context,—
[36][(1)
‘Fund’ means the Universal Service Obligation Fund established under
sub-section (1) of section 9A.
(1A)
‘Universal Service Obligation’ means the obligation to provide access to basic
telegraph services to people in the rural and remote areas at affordable and
reasonable prices’]
[37][[38][(1AA)]
‘telegraph’ means any appliance, instrument, material or apparatus used or
capable of use for transmission or reception of signs, signals, writing, images
and sounds or intelligence of any nature by wire, visual or other
electro-magnetic emissions, radio waves or Hertzian waves, galvanic, electric
or magnetic means.
Explanation.—’Radio
waves’ or ‘Hertzian waves’ means electro-magnetic waves of frequencies lower
than 3,000 giga-cycles per second propagated in space without artificial
guide;]
(2)
‘telegraph officer’ means any person employed either permanently or temporarily
in connection with a telegraph established, maintained or worked by [39][the
Central Government] or by a person licensed under this Act;
(3)
‘message’ means any communication sent by telegraph, or given to telegraph
officer to be sent by telegraph or to be delivered;
(4)
‘telegraph line’ means a wire or wires used for the purpose of a telegraph,
with any casing, coating, tube or pipe enclosing the same, and any appliances
and apparatus connected therewith for the purpose of fixing or insulating the
same;
(5)
‘post’ means a post, pole, standard, stay, strut or other above ground
contrivance for carrying, suspending or supporting a telegraph line;
(6)
‘telegraph authority’ means the Director General of [40][Posts
and Telegraphs], and includes any officer empowered by him to perform all or
any of the functions of the telegraph authority under this Act;
(7)
‘local authority’ means any municipal committee, district board, body of port
commissioners or other authority legally entitled to, or entrusted by’ the
Central or any State Government] with, the control, management of any municipal
or local fund.
PART II
Privileges and Powers of the
Government
4.
Exclusive privilege in respect of telegraphs, and power to grant licenses.— [41][(1)]
Within [42][India],
the Central Government shall have exclusive privilege of establishing,
maintaining and working telegraphs:
Provided
that the Central Government may grant a license, on such conditions and in
consideration of such payments as it thinks fit, to any person to establish,
maintain or work a telegraph within any part of [43]
[India]:
[44][Provided
further that the Central Government may, by rules made under this Act and
published in the Official Gazette, permit, subject to such restrictions and
conditions as it thinks fit, the establishment, maintenance and working—
(a) of wireless telegraphs on ships within Indian
territorial waters [and on aircraft within or above [45][India],
or Indian territorial waters], and
(b) of telegraphs other than wireless telegraphs
within any part of [46][India].
[47][Explanation—The
payments made for the grant of a licence under this sub-section shall include
such sum attributable to the Universal Service Obligation as may be determined
by the Central Government after considering the recommendations made in this
behalf by the Telegraph Regulatory Authority of India established under
sub-section (1) of section 3 of the Telegraph Regulatory Authority of India
Act, 1997 (24 of 1997).]
[48][(2)
The Central Government may, by notification in the Official Gazette, delegate
to the telegraph authority all or any of it its powers under the first proviso
to sub-section (1).
The
exercise by the telegraph authority of any power so delegated shall be subject
to such restrictions and conditions as the Central Government may, by the
notification, think fit to impose.]
[49][5.
Power for Government to take possession of licensed telegraphs and to order
interception of messages.—(1) On the occurrence of any public emergency, or
in the interest of the public safety, the Central Government or a State
Government or any officer specially authorized in this behalf by the Central
Government or a State Government may, if satisfied that it is necessary or
expedient so to do, take temporary possession (for so long as the public
emergency exists or the interest of the public safety requires the taking of
such action) of any telegraph established, maintained or worked by any person
licensed under this Act.
(2)
On the occurrence of any public emergency, or in the interest of the public
safety, the Central Government or a State Government or any officer specially
authorised in this behalf by the Central Government or a State Government may,
if satisfied that it is necessary or expedient so to do in the interests of the
sovereignty and integrity of India, the security of the State, friendly
relations with foreign States or public order or for preventing incitement to
the commission of an offence, for reasons to be recorded in writing, by order,
direct that any message or class of messages to or from any person or class of
persons, or relating to any particular subject, brought for transmission by or
transmitted or received by any telegraph, shall not be transmitted, or shall be
intercepted or detained, or shall be disclosed to the Government making the
order or an officer thereof mentioned in the order:
Provided
that press messages intended to be published in India of correspondents
accredited to the Central Government or a State Government shall not be
intercepted or detained, unless their transmission has been prohibited under
this sub-section.
6.
Power to establish telegraph on land of Railway Company.—Any Railway
company, on being required so to do by the Central Government, shall permit the
Government to establish and maintain a telegraph upon any part of the land of
the company, and shall give every reasonable facility for working the same.
[50][6A.
Power to notify rates for transmission of messages to countries outside India.—(1)
The Central Government may, from time to time, by order, notify the rates at
which, and the other conditions and restrictions subject to which messages
shall be transmitted to any country outside India.
(2)
In notifying the rates under sub-section (1), the Central Government shall have
due regard to all or any of the following factors, namely:
(a) the rates for the time being in force, for
transmission of messages, in countries outside India;
(b) the foreign exchange rates for the time being
in force;
(c) the rates for the time being in force for
transmission of messages within India;
(d) such other relevant factors as the Central
Government may think fit in the circumstances of the case.]
7.
Power to make rules for the conduct of telegraphs—(1) The Central
Government may, from time to time, by notification in the Official Gazette,
make rules consistent with this Act for the conduct of all or any telegraphs
established, maintained or worked by the Government or by persons licensed
under this Act.
(2)
Rules under this section may provide for all or any of the following among
other matters, that is to say:
(a) the rates at which, and the other conditions
and restrictions subject to which, messages shall be transmitted [51][within
India];
(b) the precautions to be taken for preventing the
improper interception or disclosure of messages;
(c) the period for which, and the conditions
subject to which, telegrams and other documents belonging to, or being in the
custody of, telegraph officers shall be preserved;
(d) the fees to be charged for searching for
telegrams or other documents in the custody of any telegraph officer;
[52][(e) the conditions and restrictions subject to
which any telegraph line, appliance of apparatus for telegraphic communication
shall be established, maintained, worked, repaired, transferred, shifted,
withdrawn or disconnected;]
[53][(ee) the charges in respect of any application for
providing any telegraph line, appliance or apparatus;]
[54][(eea) the manner in which the Fund may be
administered;
(eeb) the criteria based on which sums may be
released.]
(f) the charges in respect of –
(i) the
establishment, maintenance, working, repair, transfer or shifting of any
telegraph line, appliance or apparatus;
(ii) the
services of operators operating such line, appliance or apparatus;
(g) the matters in connection with the transition
from a system whereunder rights and obligations relating to the establishment,
maintenance, working repair, transfer or shifting of any telegraph line,
appliance or apparatus for telegraphic communication attach by virtue of any
agreement to a system whereunder such rights and obligations attach by virtue
of rules made under this section;
(h) the time at which, the manner in which, the
conditions under which and the persons by whom the rates, charges and fees
mentioned in this sub-section shall be paid and the furnishing of security for
the payment of such rates, charges and fees;
(i) the payment of compensation to the Central
Government for any loss incurred in connection with the provision of any
telegraph line, appliance or apparatus for the benefit of any person –
(a) where
the line, appliance or apparatus is, after it has been connected for use, given
up by that person before the expiration of the period fixed by these rules, or
(b) where
the work done for the purpose of providing the line, appliance or apparatus is,
before it is connected for use, rendered abortive by some act or omission on
the part of that person;
(j) the principles according to which and the
authority by whom the compensation referred to in clause (i) shall be assessed;
[55][(jj) the qualifications to be possessed and the
examinations, if any, to be passed by the persons employed for the
establishment, maintenance or working of any telegraph and the fees to be
charged for admission to such examinations;] and
(k) any other matter for which provision is
necessary for the proper and efficient conduct of all or any telegraphs under
this Act.
(3)
When making rules for the conduct of any telegraph established, maintained or
worked by any person licensed under this Act, the Central Government may by the
rules prescribe fines for any breach of the same:
Provided
that the fines so prescribed shall not exceed the following limits, namely:
(i) When the person licensed under this Act is
punishable for the breach, one thousand rupees, and in the case of a continuing
breach, a further fine of two hundred rupees for every day after the first
during the whole or any part of which the breach continues.
(ii) When a servant of the person so licensed, or
any other person, is punishable for the breach, one-fourth of the amounts
specified in clause (i).
(4)
Nothing in this section or in any rules made hereunder shall be construed as—
(a) precluding the Central Government from
entering into an agreement with a person for the establishment, maintenance and
working by that Government on terms and conditions specified in the agreement
of any telegraph line, appliance or apparatus for the purpose of affording
means of telegraphic communication, where having regard to the number of the
lines, appliance or apparatus required by that person for telegraphic
communication, it is necessary or expedient to enter into such agreement with
him, or
(b) subjecting the Central Government to any
obligation to provide any telegraph line appliance or apparatus for the purpose
of affording means of telegraphic communication.
[56][(5)
Every rule made under this section shall be laid as soon as may be after it is made
before each House of Parliament while it is in session for a total period of
thirty days [57][which
may be comprised in one session or in two or more successive sessions, and if,
before the expiry of the session immediately following the session or the successive
sessions aforesaid] both Houses agree in making any modification in the rule or
both Houses agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form or be of no effect as the case may be;
so, however, that any such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule.]
[58][7A.
Saving of existing agreements.—Nothing in section 7 shall authorise the
making of any rules determining any agreement entered into by the Central
Government with any person before the commencement of the Indian Telegraph
(Amendment) Act, 1957 (47 of 1957), relating to the establishment, maintenance
or working of any telegraph line, appliance or apparatus for telegraphic communication;
and all rights and obligations thereunder relating to such establishment,
maintenance or working shall be determined in accordance with the terms and
conditions of such agreement.
7B.
Arbitration of disputes.—(1) Except as otherwise expressly provided in this
Act, if any dispute concerning any telegraph line, appliance or apparatus
arises between the telegraph authority and the person for whose benefit the
line, appliance or apparatus is, or has been provided, the dispute shall be
determined by arbitration and shall, for the purposes of such determination, be
referred to an arbitrator appointed by the Central Government either specially
for the determination of that dispute or generally for the determination of
disputes under this section.
(2)
The award of the arbitrator appointed under sub-section (1) shall be conclusive
between the parties to the dispute and shall not be questioned in any court.]
8.
Revocation of licenses.—The Central Government may, at any time, revoke any
license granted under section 4, on the breach of any of the conditions therein
contained, or in default of payment of any consideration payable thereunder.
9.
Government not responsible for loss or damage.—The Government shall not be
responsible for any loss or damage which may occur in consequence of any
telegraph officer failing in his duty with respect to the receipt, transmission
or delivery of any message; and no such officer shall be responsible for any
such loss or damage, unless he causes the same negligently, maliciously or
fraudulently.
[59][PART IIA]
Universal
Service Obligation Fund
9A. Establishment of
Universal Service Obligation Fund.— (1) On and from the commencement of the
Indian Telegraph (Amendment) Act, 2003, there shall be deemed to have been established,
for the purposes of this Act, a fund to be called the Universal Service
Obligation Fund.
(2) The Fund shall be
under the control of the Central Government and there shall be credited thereto
—
(a) any sums of money paid under section 9B;
(b) any grants and loans made by the Central
Government under section 9C.
(3) The balance to the
credit of the Fund shall not lapse at the end of the financial year.
9B. Crediting of sums
to Consolidated Fund of India.—The sums of money received towards the
Universal Service Obligation under section 4 shall first be credited to the
Consolidated Fund of India, and the Central Government may, if Parliament by
appropriation made by law in this behalf so provides, credit such proceeds to
the Fund from time to time for being utilised exclusively for meeting the
Universal Service Obligation.
9C. Grants and loans by
Central Government.— The Central Government may, after due appropriation
made by Parliament by law in this behalf, credit by way of grants and loans
such sums of money as that Government may consider necessary in the Fund.
9D. Administration and
utilisation of Fund.—(1) The Central Government shall have the power to
administer the Fund in such manner as may be prescribed by rules made under
this Act.
(2) The Fund shall be
utilised exclusively for meeting the Universal Service Obligation.
(3) The Central
Government shall be responsible for the co-ordination and ensuring timely
utilisation and release of sums in accordance with the criteria as may be
prescribed by rules made under the Act.]
PART III
Power to place Telegraph Lines
and Posts
10.
Power for telegraph authority to place and maintain telegraph lines and posts.—The
telegraph authority may, from time to time, place and maintain a telegraph line
under, over, along, or across, and posts in or upon any immovable property:
Provided
that—
(a) the telegraph authority shall not exercise the
powers conferred by this section except for the purposes of a telegraph
established or maintained by the [Central Government], or to be so established
or maintained;
(b) the [Central Government] shall not acquire any
right other than that of user only in the property under, over, along, across
in or upon which the telegraph authority places any telegraph line or post; and
(c) except as hereinafter provided, the telegraph
authority shall not exercise those powers in respect of any property vested in
or under the control or management of any local authority, without the permission
of that authority; and
(d) in the exercise of the powers conferred by
this section, the telegraph authority shall do as little damage as possible,
and, when it has exercised those powers in respect of any property other than
that referred to in clause (c), shall pay full compensation to all persons
interested for any damage sustained by them by reason of the exercise of those
powers.
11.
Power to enter on property in order to repair or remove telegraph lines or
posts.—The telegraph authority may, at any time, for the purpose of
examining, repairing, altering or removing any telegraph line or post, enter on
the property under, over, along, across, in or upon which the line or post has
been placed.
Provisions applicable to
property vested in or under the control or management of Local Authorities
12.
Power for local authority to give permission under section 10, clause (c),
subject to conditions.—Any permission given by a local authority under section
10, clause (c), may be given subject to such reasonable conditions as that
authority thinks fit to impose, as to the payment of any expenses to which the
authority will necessarily be put in consequence of the exercise of the powers
conferred by that section, or as to the time or mode of execution of any work,
or as to any other thing connected with or relative to any work undertaken by
the telegraph authority under those powers.
13.
Power for local authority to require removal or alteration of telegraph line
or post.—When, under the foregoing provisions of this Act, a telegraph line
or post has been placed by the telegraph authority under, over, along, across,
in or upon any property vested in or under the control or management of a local
authority, and the local authority, having regard to circumstances which have
arisen since the telegraph line or post was so placed, considers it expedient
that it should be removed or that its position should be altered, the local
authority may require the telegraph authority to remove it or alter its
position, as the case may be.
14.
Power to alter position of gas or water pipes or drains.—The telegraph
authority may, for the purpose of exercising the powers conferred upon it by
this Act in respect of any property vested in or under the control or
management of a local authority, alter the position thereunder of any pipe (not
being a main) for the supply of gas or water, or of any drain (not being a main
drain):
Provided
that—
(a) when the telegraph authority desires to alter
the position of any such pipe or drain it shall give reasonable notice of its
intention to do so, specifying the time at which it will begin to do so, to the
local authority, and, when the pipe or drain is not under the control of the
local authority, to the person under whose control the pipe or drain is;
(b) a local authority or person receiving notice
under clause (a) may send a person to superintend the work, and the telegraph
authority shall execute the work to the reasonable satisfaction of the person
so sent.
15.
Disputes between telegraph authority and local authority.—(1) If any
dispute arises between the telegraph authority and a local authority in
consequence of the local authority refusing the permission referred to in
section 10, clause (c), or prescribing any condition under section 12, or in
consequence of the telegraph authority omitting to comply with a requisition
made under section 13, or otherwise in respect of the exercise of the powers
conferred by this Act, it shall be determined by such officer as the [Central
Government] may appoint either generally or specially in this behalf.
(2)
An appeal from the determination of the officer so appointed shall lie to the
[Central Government]; and the order of the [Central Government] shall be final.
Provisions applicable to other
property
16.
Exercise of powers conferred by section 10, and disputes as to compensation, in
case of property other than that of a local authority.—(1) If the
exercise of the powers mentioned in section 10 in respect of property referred
to in clause (d) of that section is resisted or obstructed, the District
Magistrate may, in his discretion, order that the telegraph authority shall be
permitted to exercise them.
(2)
If, after the making of an order under sub section (1), any person resists the
exercise of those powers, or, having control over the property, does not give
all facilities for this being exercised, he shall be deemed to have committed
an offence under section 188 of the Indian Penal Code (45 of 1860).
(3)
If any dispute arises concerning the sufficiency of the compensation to be paid
under section 10, clause (d), it shall, on application for that purpose by
either of the disputing parties to the District Judge within whose jurisdiction
the property is situate, be determined by him.
(4)
If any dispute arises as to the persons entitled to receive compensation, or as
to the proportions in which the persons interested are entitled to share in it,
the telegraph authority may pay into the Court of the District Judge such
amount as he deems sufficient or, where all the disputing parties have in
writing admitted the amount tendered to be sufficient or the amount has been
determined under sub-section (3), that amount; and the District Judge, after
giving notice to the parties and hearing such of them as desire to be heard,
shall determine the persons entitled to receive the compensation or, as the
case may be, the proportions in which the persons interested are entitled to
share in it.
(5)
Every determination of a dispute by a District Judge under sub-section (3) or
sub-section (4) shall be final:
Provided
that nothing in this sub-section shall affect the right of any person to
recover by suit the whole or any part of any compensation paid by the telegraph
authority, from the person who has received the same.
17.
Removal or alteration of telegraph line or post on property other than that of
a local authority.—(1) When, under the foregoing provisions of this Act, a telegraph
line or post has been placed by the telegraph authority under, over, along,
across, in or upon any property, not being property vested in or under the
control or management of a local authority, and any person entitled to do so
desires to deal with that property in such a manner as to render it necessary
or convenient that the telegraph line or post should be removed to another part
thereof or to a higher or lower level or altered in form, he may require the
telegraph authority to remove or alter the line or post accordingly:
Provided
that, if compensation has been paid under section 10, clause (d), he shall,
when making the requisition, tender to the telegraph authority the amount
requisite to defray the expense of the removal or alteration, or half of the
amount paid as compensation, whichever may be the smaller sum.
(2)
If the telegraph authority omits to comply with the requisition, the person
making it may apply to the District Magistrate within whose jurisdiction the
property is situated to order the removal or alteration.
(3)
A District Magistrate receiving an application under sub-section (2) may, in
his discretion reject the same or make an order, absolutely or subject to
conditions, for the removal of the telegraph line or post to any other part of
the property or to higher or lower level or for the alteration of its form; and
the order so made shall be final.,
Provisions applicable to all
property
18.
Removal of trees interrupting telegraphic communication.—(1) If any tree
standing or lying near a telegraph line interrupts, or is likely to interrupt,
telegraphic communication, a Magistrate of the first or second class may, on
the application of the telegraph authority, cause the tree to be removed or
dealt with in such other way as he deems fit.
(2)
When disposing of an application under sub-section (1), the Magistrate shall,
in the case of any tree in existence before the telegraph line was placed,
award to the persons interested in the tree such compensation as he thinks
reasonable, and the shall be final.
19.
Telegraph lines and posts placed before passing of this Act.—Every
telegraph line or post placed before the passing of this Act under, over,
along, across, in or upon any property, for the purposes of a telegraph
established or maintained by the [Central Government], shall be deemed to have
been placed in exercise of the powers conferred by, and after observance of all
the requirement of, this Act.
[60][19A.
Person exercising legal right likely to damage telegraph or interfere with
telegraphic communication to give notice.—(1) Any person desiring to
deal in the legal exercise of a right with any property in such a manner as is
likely to cause damage to a telegraph line or post which has been duly placed
in accordance with the provisions of this Act, or to interrupt or interfere
with telegraphic communication, shall give not less than one month’s notice in
writing of the intended exercise of such right to the telegraph authority, or
to any telegraph officer whom the telegraph authority may empower in this
behalf.
(2) If any such person without
having complied with he provisions of sub-section (1) deals with any property
in such a manner as is likely to cause damage to any telegraph line or post, or
to interrupt or interfere with telegraphic communication, a Magistrate of the
first or second class may, on the application of the telegraph authority, order
such person to abstain from dealing with such property in such manner for a
period not exceeding one month from the date of his order and forthwith to take
such action with regard to such property as may be in the opinion of the
Magistrate necessary to remedy or prevent such damage, interruption or
interference during such period.
(3)
A person dealing with any property in the manner referred to in sub-section (1)
with the bona fide intention of averting imminent danger of personal
injury to himself or any other human being shall be deemed to have complied
with the provisions of the said sub-section, if he gives such notice of the
intended exercise of the right as is in the circumstances possible, or where no
such previous notice can be given without incurring the imminent danger
referred to above, if he forthwith gives notice of the actual exercise of such
right to the authority of officer specified in the said sub-section.
19B.
Power to confer upon licensee powers of telegraph authority under this Part.—The
Central Government may, by notification in the Official Gazette, confer upon
any licensee under section 4, in respect of the extent of his license and
subject to any conditions and restrictions which the Central Government may
think fit to impose and to the provisions of this Part, all or any of the
powers which the telegraph authority possesses under this Part with regard to a
telegraph established or maintained by the Government or to be so established
or maintained:
Provided
that the notice prescribed in section 19A shall always be given to the
telegraph authority or officer empowered to receive notice under section
19A(1).]
PART IV
Penalties
20.
Establishing, maintaining or working unauthorised telegraph.—(1) If any
person establishes, maintains or works a telegraph within [61][India]
in contravention of the provisions of section 4 or otherwise than as permitted
by rules made under that section, he shall be punished, if the telegraph is a
wireless telegraph, with imprisonment which may extend to three years, or with
fine, or with both, and in any other case, with a fine which may extend to one
thousand rupees.
(2)
Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5
of 1898), offences under this section in respect of a wireless telegraph shall,
for the purposes of the said Code, be bailable and non-cognizable.
(3)
When any person is convicted of an offence punishable under this section, the
Court before which he is convicted may direct that the telegraph in respect of
which the offence has been committed, or any part of such telegraph, be
forfeited to Government.
[62][20A.
Breach of condition of license.—If the holder of a license granted under
section 4 contravenes any condition contained in his license, he shall be
punished with fine which may extend to one thousand rupees, and with a further
fine which may extend to five hundred rupees for every week during which the
breach of the condition continues.]
21.
Using unauthorised telegraphs.—If any person, knowing or having reason to
believe that a telegraph has been established or is maintained or worked in
contravention of this Act, transmits or receives any message by such telegraph,
or performs any service incidental thereto, or delivers any message for
transmission by such telegraph or accepts delivery of any message sent thereby,
he shall be punished with fine which may extend to fifty rupees.
22.
Opposing establishment of telegraphs on railway land.—If a Railway Company,
or an officer of a Railway Company, neglects or refuses to comply with the
provisions of section 6, it or he shall be punished with fine which may extend
to one thousand rupees for every day during which the neglect or refusal
continues.
23.
Intrusion into signal-room, trespass in telegraph office or obstruction.—If
any person—
(a) without permission of competent authority,
enters the signal-room of a telegraph office of the Government, or of a person
licensed under this Act, or
(b) enters a fenced enclosure round such a
telegraph office in contravention of any rule or notice not to do so, or
(c) refuses to quit such room or enclosure on
being requested to do so by any officer or servant employed therein, or
(d) wilfully obstructs or impedes any such officer
or servant in the performance of his duty,
he shall be punished with fine which
may extend to five hundred rupees.
24.
Unlawfully attempting to learn the contents of messages.—If any person does
any of the acts mentioned in section 23 with the intention of unlawfully
learning the contents of any message, or of committing any offence punishable
under this Act, he may (in addition to the fine with which he is punishable
under section 23) be punished with imprisonment for a term which may extend to
one year.
25.
Intentionally damaging or tampering with telegraphs.—If any person,
intending—
(a) to prevent or obstruct the transmission or
delivery of any message, or
(b) to intercept or to acquaint himself with the
contents of any message, or
(c) to commit mischief,
damages, removes, tampers with or
touches any battery, machinery, telegraph line, post or other thing whatever,
being part of or used in or about any telegraph or in the working thereof,
he shall be punished with
imprisonment for a term which may extend to three years, or with fine or with
both.
[63][25A.
Injury to or interference with a telegraph line or post.—If, in any case
not provided for by section 25, any person deals with any property and thereby
wilfully or negligently damages any telegraph line or post duly placed on such
property in accordance with the provisions of this Act, he shall be liable to
pay the telegraph authority such expenses (if any) as may be incurred in making
good such damage, and shall also, if the telegraphic communication is by reason
of the damage so caused interrupted, be punishable with a fine which may extend
to one thousand rupees:
Provided
that the provisions of this section shall not apply where such damage or
interruption is caused by a person dealing with any property in the legal
exercise of a right if he has complied with the provisions of section 19A(1).]
26.
Telegraph officer or other official making away with or altering, or unlawfully
intercepting or disclosing messages, or divulging purport of signals.—If
any telegraph officer, or any person, not being a telegraph officer, but having
official duties connected with any office which is used as a telegraph office—
(a) wilfully, secrets, makes away with or alters
any message which he has received for transmission or delivery, or
(b) wilfully, and otherwise than in obedience to
an order of the Central Government or of a State Government, or of an officer
specially authorised [by the Central or a State Government] to make the order,
omits to transmit, or intercepts or detains, any message or any part thereof,
or otherwise than in pursuance of his official duty or in obedience to the
direction of a competent Court, discloses the contents or any part of the
contents of any message, to any person not entitled to receive the same, or
(c) divulges the purport of any telegraphic signal
to any person not entitled to become acquainted with the same,
he shall be punished with
imprisonment for a term which may extend to three years, or with fine, or with
both.
27. Telegraph officer
fraudulently sending messages without payment. —If any telegraph officer transmits
by telegraph any message on which the charge prescribed by the [Central
Government], or by a person licensed under this Act, as the case may be, has
not been paid, intending thereby to defraud the [Central Government], or that
person, he shall be punished with imprisonment for a term which may extend to
three years, or with fine, or with both.
28.
Misconduct.—If any telegraph officer, or any person not being a telegraph
officer but having official duties connected with any office which is used as a
telegraph office is guilty of any Act of drunkenness, carelessness or other
misconduct whereby the correct transmission or the delivery of any message is
impeded or delayed or if any telegraph officer loiters or delays in the
transmission or delivery of any message, he shall be punished with imprisonment
for a term which may extend to three months, or with fine which may extend to
one hundred rupees, or with both.
29.
[Sending fabricated messages].—Repealed by the Indian Telegraph (Amendment)
Act, 1971 (33 of 1971), section 4.
[29A.
Penalty.—If any person, without due authority, —
(a) makes or issues any document of a nature
reasonably calculated to cause it to be believed that the document has been
issued by, or under the authority of, the Director-General of [Posts and
Telegraphs], or
(b) makes on any document any mark in imitation
of, or similar to, or purporting to be, any stamp or mark of any Telegraph
Office under the Director General of [Posts and Telegraphs], or a mark of a
nature reasonably calculated to cause it to be believed that the documents so
marked has been issued by, or under the authority of, the Director-General of [64][Posts
and Telegraphs],
he shall be punished with fine which
may extend to fifty rupees.]
30. Retaining a message
delivered by mistake.—If any person fraudulently retains, or wilfully
secretes, makes away with or detains a message which ought to have been
delivered to some other person, or, being required by a telegraph officer to
deliver up any such message, neglects of refuses to do so, he shall be punished
with imprisonment for a term which may extend to two years, or with fine, or
with both.
31.
Bribery.—A telegraph officer shall be deemed a public servant within the
meaning of sections 161, 162, 163, 164 and 165 of the Indian Penal Code (45 of
1860); and in the definition of ‘legal remuneration’ contained in the said
section 161, the word ‘Government’ shall, for the purposes of this Act, be
deemed to include a person licensed under this Act.
32.
Attempts to commit offences.—Whoever attempts to commit any offence
punishable under this Act shall be punished with the punishment herein provided
for the offence.
PART V
Supplemental Provision
33.
Power to employ additional police in places where mischief to telegraphs is
repeatedly committed.—(1) Whenever it appears to the State Government that
any act causing or likely to cause wrongful damage to any telegraph is
repeatedly and maliciously committed in any place, and that the employment of
an additional police force in that place is thereby rendered necessary, the
State Government may send such additional police force as it thinks fit to the
place, and employ the same therein so long as, in the opinion of that
Government, the necessity of doing so continues.
(2)
The inhabitants of the place shall be charged with the cost of the additional
police force, and the District Magistrate shall, subject to the orders of the
State Government, assess the proportion in which the cost shall be paid by the
inhabitants according to his judgment of their respective means.
(3)
All moneys payable under sub-section (2) shall be recoverable either under the
warrant of a Magistrate by distress and sale of the movable property of the
defaulter within the local limits of his jurisdiction, or by suit in any
competent Court.
(4)
The State Government may, by order in writing, define the limits of any place
for the purposes of this section.
[34.
Application of Act to Presidency-towns.—(1) This Act, in its application to
the Presidency-towns, shall be read as if for the words ‘District Magistrate’
in section 16, sub-section (1), and section 17, sub-sections (2) and (3), for
the words ‘Magistrate of the first or second class’ in section 18, sub-section
(1), [and section 19A, sub-section (2),] and for the word ‘Magistrate’ in
section 18 sub-section (2), there had been enacted the words ‘Commissioner of
Police’, and for the ‘District Judge’ in section 16, sub-sections (3), (4) and
(5), the words ‘Chief Judge of the Court of Small Causes’.
[65][(2)
Omitted].
(3)
The fee in respect of an application to the Chief Judge of a Presidency Court
of Small Causes under sub-section (3) of section 16 shall be the same as would
be payable under the Court-fees Act, 1870 (7 of 1870), in respect of such an
application to a District Judge beyond the limits of a Presidency-town, and
fees for summonses and other processes in proceedings before the Chief Judge
under sub-section (3) or sub-section (4) of that section shall be payable
according to the scale set forth in the Fourth Schedule to the Presidency Small
Causes Courts Act, 1882.
35.
Reference to certain laws of Part B States.—[Repealed by Part B States
(Laws) Act, 1951 (Act 3 of 1951), section 3 and Schedule.]
THE INDIAN WIRELESS TELEGRAPHY ACT, 1933
1. Short
title, extent and commencement 119
2. Definitions
119
3. Prohibition
of possession of wireless telegraphy apparatus without license 120
4. Power
of Central Government to exempt persons from provisions of the Act 120
5. Licenses
120
6. Offence
and penalty 120
7. Power
of search 120
8. Apparatus
confiscated or having no owner to be the property of Central Government 121
9. Power
of Court to direct payment of fines to prescribed authority [Repealed] 121
10. Power
of Central Government to make rules 121
11. Savings
of Indian Telegraph Act, 1885 122
___________________
THE INDIAN WIRELESS TELEGRAPHY ACT, 1933[66]
An
Act
to regulate the
possession of wireless telegraphy apparatus.
Whereas it is expedient to regulate the
possession of wireless telegraphy apparatus in India; it is hereby enacted as
follows:
1.
Short title, extent and commencement.—(1) This Act may be called the Indian
Wireless Telegraphy Act, 1933.
(2)
It extends to the whole of India [67][*
* * * *].
(3)
It shall come into force on such date[68]
as the Central Government may, by notification in the Official Gazette,
appoint.
2.
Definitions.—In this Act, unless there is anything repugnant in the subject
or context—
[69][(1) ‘wireless communication’ means any
transmission, omission or reception of signs, signals, writing, images and
sounds, or intelligence of any nature by means of electricity, magnetism, or
Radio waves or Hertzian waves, without the use of wires or other continuous
electrical conductors between the transmitting and the receiving apparatus;
Explanation.—‘Radio waves’ or
‘Hertzian waves’ means electromagnetic waves of frequencies lower than 3,000
giga-cycles per second propagated in space without artificial guide;]
(2) ‘wireless telegraphy apparatus’ means any
apparatus, appliance, instrument or material used or capable of use in wireless
communication, and includes any article determined by rule made under section
10 to be wireless telegraphy apparatus, but does not include any such
apparatus, appliance, instrument or material commonly used for other electrical
purposes, unless it has been specially designed or adapted for wireless
communication or forms part of some apparatus, appliance, instrument or
material specially so designed or adapted, nor any article determined by rule
made under section 10 not to be wireless telegraphy apparatus;
[70][(2A) ‘wireless transmitter’ means any
apparatus, appliance, instrument or material used or capable of use for
transmission or omission of wireless communication;]
(3) ‘prescribed’ means prescribed by rules made
under section 10.
3.
Prohibition of possession of wireless telegraphy apparatus without licence.—Save
as provided by section 4, no person shall possess wireless telegraphy apparatus
except under and in accordance with a license issued under this Act.
4.
Power of Central Government to exempt persons from provisions of the
Act.—The Central Government may by rules made under this Act exempt any
person or any class of persons from the provisions of this Act either generally
or subject to prescribed conditions, or in respect of specified wireless
telegraphy apparatus.
5.
Licenses.—The telegraph authority constituted under the Indian Telegraph
Act, 1885 (13 of 1885), shall be the authority competent to issue licenses to
possess wireless telegraphy apparatus under this Act, and may issue licenses in
such manner, on such conditions and subject to such payments, as may be
prescribed.
6.
Offence and penalty.—(1) Whoever possesses any [71][wireless
telegraphy apparatus, other than a wireless transmitter,] in contravention of
the provisions of section 3 shall be punished, in the case of the first
offence, with fine which may extend to one hundred rupees, and, in the case of
a second or subsequent offence, with fine which may extend to two hundred and
fifty rupees.
[72][(1A)
Whoever possesses any wireless transmitter in contravention of the provisions
of section 3 shall be punished with imprisonment which may extend to three
years, or with fine which may extend to one thousand rupees or with both.]
(2)
For the purposes of this section, a court may presume that a person possesses
wireless telegraphy apparatus if such apparatus is under his ostensible charge,
or is located in any premises or place over which he has effective control.
(3)
If in the trial of an offence under this section the accused is convicted, the
court shall decide whether any apparatus in respect of which an offence has
been committed should be confiscated, and, if it so decides, may order
confiscation accordingly.
[73][7.
Power of search.—Any officer specially empowered by the Central Government
in this behalf may search any building, vessel or place in which he has reason
to believe that any wireless telegraphy apparatus, in respect of which an
offence punishable under section 6 has been committed, is kept or concealed,
and take possession thereof.]
8.
Apparatus confiscated or having no owner to be the property of Central Government.—All
wireless telegraphy apparatus confiscated under the provisions of sub-section
(3) of section 6, and all wireless telegraphy apparatus having no ostensible
owner shall be the property of the Central Government.
9.
Power of Court to direct payment of fines to prescribed authority.—Ceased
to have effect by A.O., 1937 and repealed by
the Repealing and Amending Act, 1940 (32 of 1940), section 2 and Schedule I.
10.
Power of Central Government to make rules.—(1) The Central Government may,
by notification in the Official Gazette, make rules for the purpose of carrying
into effect the provisions of this Act.
(2)
In particular and without prejudice to the generality of the foregoing power,
such rules may provide for—
(i) determining that any article or class of
article shall be or shall not be wireless telegraphy apparatus for the purposes
of this Act;
(ii) the exemption of persons or classes of persons
under section 4 from the provisions of this Act;
(iii) the manner of and the conditions governing
the issue, renewal, suspension and cancellation of licenses, the form of
licenses and the payments to be made for the issue and renewal of licenses;
(iv) the maintenance of records containing details
of the acquisition and disposal by sale or otherwise of wireless telegraphy
apparatus possessed by dealers in wireless telegraphy apparatus;
(v) the conditions governing the sale of wireless
telegraphy apparatus by dealers in and manufacturers of such apparatus.
(3)
In making a rule under this section the Central Government may direct that a
breach of it shall be punishable with fine which may extend to one hundred
rupees.
[74][(4)
Every rule made under this section shall be laid as soon as may be after it is
made before each House of Parliament while it is in session for a total period
of 30 days which may be comprised in one session or [75][in
two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid], both
Houses agree in making any modification in the rule or both Houses agree that
the rule should not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so however, that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.]
11.
Savings of Indian Telegraph Act, 1885.—Nothing in this Act contained shall
authorise the doing of anything prohibited under the Indian Telegraph Act, 1885
(13 of 1885), and no license issued under this Act shall authorise any person
to do anything for the doing of which a license or permission under the Indian
Telegraph Act, 1885, is necessary.
________
[1]
the
Telecom Regulatory Authority of India Act, 1997 [(1997) 4 Comp LJ 33 (
Authority of India (Amendment) Ordinance/ Act, 2000 [(2005) 2 Comp LJ 85 (St.)].
[2] inserted vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.
[3] inserted vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.
[4] substituted for the following word ‘Government’ vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.
[5] inserted vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.
[6]
substituted for the
following sub-section (3) vide Telecom Regulatory Appellate Authority of India
(Amendment) Act, 2000.
‘(3) The authority shall consist of a Chairperson, and not less than two, but not exceeding four members, to be appointed by the Central government.’
[7] substituted for the following section 4 vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.
‘4. Qualification
for appointment of Chairperson and other members.—(1) The Chairperson shall
be a person who is or has been a Judge of the Supreme Court or who is or has
been Chief Justice of a High Court.
(2) A Member shall
be a person who has special knowledge of, any professional experience, in
telecommunication, industry, finance, accountancy, law, management and 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 three years.’
[8]
substituted for the
following sub-sections (2) and (3) vide Telecom Regulatory Appellate Authority
of India (Amendment) Act, 2000.
‘(2) The
Chairperson shall hold office for a term of five years from the date on which
he enters upon his office.
(3) A member shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty five years, whichever is earlier.’
[9] substituted for the following words ‘selection as member’ vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.
[10] substituted for the following words ‘joining as a member’ vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.
[11] substituted for the following words ‘other members’ vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.
[12] inserted vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.
[13] The words, brackets and figure ‘or sub-section (3)’ shall be omitted vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.
[14] substituted for the following words ‘other members’ vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.
[15] substituted for the following words ‘two years’ vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.
[16] inserted vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.
[17]
substituted for the
following sub-sections (2) and (3) vide Telecom Regulatory Appellate Authority
of India (Amendment) Act, 2000.
‘(2)
Notwithstanding anything contained in sub-section (1), no member shall 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 prescribed in this behalf, reported that the
member ought on such ground or grounds to be removed.
(3) The Central Government may suspend from office a member 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.’
[18] substituted for the following word ‘determined by regulations’ vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.
[19] inserted vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.
[20]
substituted for the
following sub-section (1) vide Telecom Regulatory Appellate Authority of India
(Amendment) Act, 2000.
(1) Notwithstanding
anything contained in the Indian Telegraph Act, 1885, the functions of the
Authority shall be to—
(a)
recommend the need and timing for introduction of new service provider;
(b)
recommend the terms and conditions of licence to a service provider;
(c)
ensure technical compatibility and effective inter-connection between
different service providers;
(d)
regulate arrangement amongst service providers of sharing their revenue
derived from providing telecommunication services;
(e)
ensure compliance of terms and conditions of licence;
(f)
recommend revocation of licence for non-compliance of terms and
conditions of licence;
(g)
laydown and ensure the time period for providing local and long distance
circuits of telecommunication between different service providers;
(h)
facilitate competition and promote efficiency in the operation of
telecommunication services so as to facilitate growth in such services;
(i)
protect the interest of the consumers of telecommunication service;
(j)
monitor the quality of service and conduct the periodical survey of such
services provided by the service providers;
(k)
inspect the equipment used in the network and recommend the type of
equipment to be used by the service providers;
(l)
maintain register of interconnect agreements and of all such other
matters as may be provided in the regulations;
(m)
keep register maintained under clause (l) open for inspection to any
member of public on payment of such fee and compliance of such other
requirements as may be provided in the regulations;
(n)
settle disputes between service providers;
(o)
render advice to the Central Government in the matters relating to the
development of telecommunication technology and any other matter relatable to
telecommunication industry in general;
(p)
levy fees and other charges at such rates and in respect of such
services as may be determined by regulations;
(q)
ensure effective compliance of universal service obligations;
(r) 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.
[21] substituted for the following words ‘under sub-section (1)’ vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.
[22] inserted vide Telecom Regulatory Appellate Authority of India (Amendment) Act 2000.
[23]
substituted for Chapter IV vide
Telecom Regulatory Appellate Authority of India (Amendment) Act 2000.
[24] inserted vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.
[25] inserted vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.
[26] inserted vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.
[27] inserted vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.
[28]
Omitted the following clause (c) vide Telecom Regulatory
Appellate Authority of India (Amendment) Act, 2000.
‘(c) the salaries and allowances payable to and the other conditions of service of officers and other employees of the Authority under sub-section (2) of section 10;’
[29] substituted for the following words ‘under clause (I)’ vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.
[30] substituted for the following words ‘under clause (m)’ vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.
[31] substituted for the following words ‘under clause (p)’ vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.
[32]
See (1997) 1 Comp LJ 202 (St.).
[33] act No. 13 of 1885, dated 22.7.1885. As amended up to date.
[34] words ‘except the State of Hyderabad’ omitted by the Part B States (Laws) Act, 1951, with effect from 1.4.1951.
[35] Repealed by the Repealing Act, 1938 (1 of 1938,) section 2 and Schedule.
[36]
inserted by the Indian Telegraph (Amendment) Act, 2003. Act No. 8 of
2004, received the assent of the President on the
[37] Substituted by the telegraph laws (amendment) Act, 1961, with effect from 2.5.1961.
[38]
clause (1) renumbered as clause (1AA) by the Indian Telegraph
(Amendment) Act, 2003. Act No. 8 of 2004, received the assent of the President
on the
[39] Substituted by A.O. 1937, for ‘the Government’.
[40] Substituted by Act 14 of 1914, section 2 for ‘Telegraphs’.
[41] renumbered as sub-section (1) of the section 4 by Act No. 7 of 1914.
[42] Substituted by Act 45 of 1998, section 3 for ‘the provinces’.
[43] Substituted by Act 45 of 1998, section 3 for ‘the provinces’.
[44] inserted by Act 7 of 1914, section 4.
[45] Substituted by Act 45 of 1998, section 3 for ‘the provinces’.
[46] Substituted by Act 45 of 1998, section 3 for ‘the provinces’.
[47]
inserted by the Indian Telegraph (Amendment) Act, 2003. Act No. 8 of
2004, received the assent of the President on the
retrospective effect from 1.4.2002.
[48] inserted by the Act 7 of 1914.
[49] Substituted by the Indian Telegraph (Amendment) Act, 1972, with effect from 21.8.1972.
[50] inserted by the Indian Telegraph (Amendment) Act, 1971, with effect from 10.8.1971.
[51] inserted by the Indian Telegraph (Amendment) Act, 1971, with effect from 10.8.1971.
[52] Clauses (e) to (k) inserted by the Indian Telegraph (Amendment) Act, 1957, with effect from 1.7.1959.
[53] inserted by the Indian Telegraph (Amendment) Act, 1974 with effect from 1.6.1975.
[54]
inserted by the Indian Telegraph (Amendment) Act, 2003 . Act No. 8 of
2004, received the assent of the President on the
[55] inserted by the Telegraph Laws (Amendment) Act, 1961 with effect from 2.5.1961.
[56] Substituted by the Telegraph Laws (Amendment) Act, 1961, with effect from 2.5.1961.
[57] Substituted for ‘which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or
the session immediately following’, by the Indian Telegraph (Amendment) Act, 1974, with effect from 1.6.1975.
[58] Sections 7A and 7B inserted by the Indian Telegraph (Amendment) Act, 1957, with effect from 1.7.1959.
[59]
inserted by the Indian Telegraph (Amendment) Act, 2003. Act No. 8 of
2004, received the assent of the President on the
[60] Sections 19A and 19B inserted by Act 7 of 1914.
[61] Substituted by Act 45 of 1998, section 3 for ‘the provinces’.
[62] inserted by Act 7 of 1914.
[63] inserted by Act 7 of 1914.
[64] Substituted by Act 14 of 1914, section 2 for ‘Telegraphs’.
[65]
Omitted by the A.O. 1937.
[66] act XVII of 1933, dated 11.9.1933.
[67] words ‘except the State of Hyderabad’ omitted by the Part B States (Laws) Act, 1951.
[68]
[69] Substituted by the Telegraph Laws (Amendment) Act, 1961.
[70] Substituted by the Telegraph Laws (Amendment) Act, 1961.
[71] Substituted by the Act 31 of 1949, section 5 for ‘wireless telegraphy apparatus’.
[72] Substituted by the Act 31 of 1949.
[73] Substituted by the Act 31 of 1949.
[74] inserted by the Telegraph Laws (Amendment) Act, 1961.
[75]
Substituted for ‘in two successive sessions, and
if, before the expiry of the session in which it is so laid or the session
immediately following‘ by the Delegated Legislation Provisions (Amendment) Act,
1985, with effect from