The Telecom Regulatory Authority of India Act, 1997
Administered Ministry: Ministry of Communications / Department of Telecommunications
Section
Section 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).
Section 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.
Section 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.
Section 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.
Section 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.
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.
Section 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.
(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.
Section 32 Exemption 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 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.
Section 33 Delegation
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.
Section 34 Cognizance 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.
(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.
Section 35 Power to make rules. 11 docs
(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;
1[(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;
2[(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;
2[(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 Chairperson 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.
(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;
1[(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;
2[(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;
2[(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 Chairperson 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.
1. Ins. by Act 2 of 2000, s. 13 (w.e.f. 24-1-2000).
2. Ins. by Act 2 of 2000, s. 13 (w.e.f. 24-1-2000).
2. Ins. by Act 2 of 2000, s. 13 (w.e.f. 24-1-2000).
Section 36 Power to make regulations 46 docs
(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;
1* * * * *
(d) matters in respect of which register is to be maintained by the Authority 2[under sub-clause (vii) of clause (b)] of sub-section (1) of section 11;
(e) levy of fee and lay down such other requirements on fulfilment of which a copy of register may be obtained 3[under sub-clause (viii) of clause (b)] of sub-section (1) of section 11;
(f) levy of fees and other charges 4[under clause (c)] of sub-section (1) of section 11;
(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;
1* * * * *
(d) matters in respect of which register is to be maintained by the Authority 2[under sub-clause (vii) of clause (b)] of sub-section (1) of section 11;
(e) levy of fee and lay down such other requirements on fulfilment of which a copy of register may be obtained 3[under sub-clause (viii) of clause (b)] of sub-section (1) of section 11;
(f) levy of fees and other charges 4[under clause (c)] of sub-section (1) of section 11;
1.. Cl. (c) omitted by s. 14, ibid. (w.e.f. 24-1-2000).
2. Subs. by s. 14, ibid., for under clause (l) (w.e.f. 24-1-2000).
3. Subs. by s. 14, ibid., for under clause (m) (w.e.f. 24-1-2000).
4. Subs. by s. 14, ibid., for under clause (p) (w.e.f. 24-1-2000).
2. Subs. by s. 14, ibid., for under clause (l) (w.e.f. 24-1-2000).
3. Subs. by s. 14, ibid., for under clause (m) (w.e.f. 24-1-2000).
4. Subs. by s. 14, ibid., for under clause (p) (w.e.f. 24-1-2000).
Section 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 or 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.
Section 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.
Section 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.
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.
Section 40 Repeal and saving.
(1) The Telecom Regulatory Authority of India Ordinance 1997 (Ord. 11 of 1997) 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.
(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.