SectionsParticulars
Chapter IPreliminary
1Short 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 ...
2Definitions
(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-sectio...
Chapter IITelecom Regulatory Authority Of India
3Establishment 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 ...
4Qualifications 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 profe...
5Term 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...
6Powers 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 pr...
7Removal 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 o...
8Meetings
(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 (inc...
9Vacancies, 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) an...
10Officers 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...
Chapter IIIPowers And Functions Of The Authority
11Functions of Authority
4[(1) Notwithstanding anything contained in the Indian Telegraph Act, 1885, the functions of the Authority shall be to - (a) make recommendations, either suo m...
12Powers 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 suc...
13Power 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, a...
Chapter IVAppellate Tribunal
14Establishment 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) ...
14AApplication 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 ...
14BComposition 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 s...
14CQualifications 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...
14DTerm 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 ente...
14ETerms and conditions of service
The Salary and allowances payable to and other terms and conditions of service of the Chairperson and other Members of the Appellate Tribunal shall be such as...
14FVacancies
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...
14GRemoval 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) ha...
14HStaff 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 Appe...
14-IDistribution of business amongst Benches
Where Benches are constituted, the Chairperson of the Appellate Tribunal may, from time to time, by notification, make provisions as to the distribution of th...
14JPower 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 wi...
14KDecision 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 ref...
14LMembers, 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 ...
14MTransfer of pending cases
All applications, pending for adjudication of disputes before the Authority immediately before the date of establishment of the Appellate Tribunal under this ...
14NTransfer of appeals
(1) All appeals pending before the High Court immediately before the commencement of the Telecom Regulatory Authority of India (Amendment) Act, 2000, shall st...
15Civil court not to have jurisdiction
No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Appellate Tribunal is empowered by or under this...
16Procedure 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 principl...
17Right to legal representation
The applicant or appellant may either appear in person or authorize one or more chartered accountants or company secretaries or cost accountants or legal pr...
18Appeal 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, riot being...
19Orders 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, t...
20Penalty for willful failure to comply with orders of Appellate Tribunal
If any person willfully 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 ...
Chapter VFinance, Accounts And Audit
21Grants 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 requir...
22Fund
(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...
23Accounts 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 t...
24Furnishing of returns, etc. to 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 direc...
Chapter VIMiscellaneous
25Power 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 int...
26Members, 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...
27Bar 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. ...
28Protection of action taken in good faith
No suit, prosecution or other legal proceedings shall lie against the Central Government or the Authority or any officer of the Central Government or any memb...
29Penalty 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 subse...
30Offences 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 responsi...
31Offences by government department
(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...
32Exemption from tax on wealth and income
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 ...
33Delegation
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 condition, if...
34Cognizance 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 autho...
35Power 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 generali...
36Power 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 ...
37Rule 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...
38Application 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 ...
39Power 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 suc...
40Repeal and saving
(1) The Telecom Regulatory Authority of India Ordinance, 1997 is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the...
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