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THE
COMMUNICATION CONVERGENCE BILL, 2001
A
BILL to provide for the promotion, development
and regulation of the carriage and content of
communications (including broadcasting, telecommunication,
and multimedia), for the establishment of an autonomous
commission to regulate all forms of communications,
and for the setting-up of an Appellate Tribunal
and to provide for matters connected therewith
or incidental thereto.
WHEREAS
IT IS CONSIDERED NECESSARY:
(i) to facilitate development of national infrastructure
for- an information based society, and to enable
access thereto;
(ii)
to provide a choice of services to the people
with a view to promoting plurality of news, views
and information;
(iii)
to establish a regulatory framework for carriage
and content of communication in the scenario of
convergence of telecommunication, broadcasting,
data-communication, multimedia and other related
technologies and services; and
(iv)
to establish the powers, procedures and functions
of a single regulatory and licensing authority
and of the Appellate Tribunal. NOW THEREFORE
Be it enacted by Parliament in the Fifty-first
Year of the Republic of India as follows:-
CHAPTER
I PRELIMINARY
Short title, extent and commencement .
1.
(1) This Act may be called the Communication Convergence
Act, 2001.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the
Central Government may, by notification in the
Official Gazette, appoint and different dates
may be appointed for different provisions of this
Act and any reference in any such provision to
the commencement of this Act shall be construed
as a reference to the commencement of that provision.
Definitions.
2. In this Act, unless the context otherwise requires,--
(1)"Appellate Tribunal" means the Communications
Appellate Tribunal established under section 43;
(2)"Network application service" means the service
provided by means of one or more network services
and includes such other services as may be prescribed.
(3)"Broadcasting service" means a content application
service for providing television programmes or
radio programmes, to persons having equipment
appropriate for receiving that service regardless
of the means of delivery of that service, but
does not include : (a) a service (including a
teletext service) that provides only data, or
text (with or without associated still images);
or (b) a service that makes programmes available
on demand on a point-to-point basis, including
a dial-up service; or (c) a service, or a class
of services, that the Central Government may notify
in the official Gazette, as not being a broadcasting
service. (4)"channel" means a set of frequencies
used for transmission of a programme; (5)"Commission"
means the Communications Commission of India established
under, sub-section (1) of section 6 ; (6)"communication"
means the process of conveyance of content through
transmission, emission or reception of signals,
by wire or other electromagnetic emissions. (7)"communication
service" means a network service or a content
application service. (8)"content" means any sound,
text, data, picture - still or moving, other audio-visual
representation, signal or intelligence of any
nature or any combination thereof which is capable
of being created, processed, stored, retrieved
or communicated electronically". (9)"content
application service" means an application service
which provides content meant for the public and
includes such other services as may be prescribed;
(10)"customer premises equipment" means any equipment,
apparatus or instrument alongwith its connecting
link upto the interface unit located at the customer
premises connecting with the network infrastructure
facility.
(11)"encrypted"
means treated electronically or otherwise for
the purpose of preventing intelligible reception
by unauthorised persons; (12) [10] "frequency"
means frequency of electro-magnetic waves used
for providing a communication service; (13)"foreign
satellite broadcasting service" means a broadcasting
service provided by using a satellite, uplinked
from a foreign country and receivable in India;
(14)"free-to-air
broadcasting service" means a non encrypted broadcasting
service made available for reception by receiving
equipment commonly available to the public without
requiring payment of a subscription fee; (15)
(11) "license" means a license issued by the Commission
under Chapter VII or Chapter VIII of this Act;
(16) [12] "licensee" means any person who has
been granted a license; (17] [13]"licensed service"
means a service licensed under this Act; (18)
[14] "Member" means a Member of the Commission
appointed under sub-section (3) of section 6 and
includes the Chairperson; (19) [15] "network infrastructure
facilities" means any element or combination of
elements of physical infrastructure used principally
for, or in connection with, the provision of network
services, but does not include customer premises
equipment and includes such other services as
may be prescribed;
(19)"network
infrastructure facilities" means any element or
combination of elements of physical infrastructure
used principally for, or in connection with, the
provision of network services, but does not include
customer premises equipment and includes such
other services as may be prescribed; (20)"network
infrastructure facility provider" means a person
who owns or operates any network infrastructure
facility; (21) [16] "network service" means a
service for carrying communications by means of
guided or unguided electromagnetic radiation and
includes such other services as may be prescribed
(22) [17] "notification" means a notification
published in the Official Gazette and the expression
"notified" shall be construed
accordingly; (23) [18] "post" means a post and
includes a pole, tower, standard, stay, strut,
cabinet, pillar or any above ground contrivance
for carrying, suspending or supporting any network
infrastructure facility. (24] [19]"prescribed"
means prescribed by rules made by the Central
Government under this Act; (25] [20]"programme"
means - television or radio programme including
advertising or sponsorship, whether or not of
a commercial kind. (26] [21]"programme code" means
the code specified under section 21; (27] [22]"public
authority" means and includes - (i) the Central
Government; (ii) a State Government; (iii) any
person, agency or organisation engaged in land
development for public use, or in roiads for public
transportation. (iv) any municipal committee,
cantonment board, district board, port trusts,
or other authorities legally entitled to, or entrusted
by the Central or any State Government with, the
control or management of any municipal or local
fund. (v) any institution, concern or undertaking
or body which is financed wholly or substantially
by funds provided directly or indirectly by the
Government that may be specified by notification
in this behalf by the Central Government. (28]
[23]"public service broadcaster" means any body
created by Act of Parliament for the purpose
of public service broadcasting; (29)"registered
service" means a foreign satellite broadcasting
service registered with the Commission for its
reception in India; (30] [24]"regulations" mean
regulations made by the Commission under this
Act; (31] [25]"Secretary-General" means the Secretary-General
appointed under sub-section (1) of section 15.
(32] [26]"service provider" means any person who
provides a communication service; (33][27]"spectrum"
means a continuous range of continuous electromagnetic
wave frequencies upto and including a frequency
of 3000 giga hertz; (34)"spectrum manager" means
an officer of the Central Government notified
as such under clause (3) of section 24; (35)[28]"subscriber"
of a service means a person who subscribes to
a communication service primarily for his own
use; (36] [29]"subscription fee" means any form
of consideration given by subscriber; (37)"uplinking"
with reference to satellite broadcast service
means uplinking of programme transmitted from
an earth station to the satellite. 30 [37A] "Universal
Service Obligation" - means obligation as may
be prescribed from time to time. 31 [37B] "Value
added network application service" - means the
service provided by means of value addition using
one or more. (38)[32]"wireless equipment" means
any equipment in use or capable of use in wireless
communication and includes any article or apparatus
as may be so notified by the Central Government
in this behalf. (39)[33]"Wireless communication"
means any communication without the use of wire
or cable.
CHAPTER
II
REGULATION
OF USE OF SPECTRUM, COMMUNICATION SERVICES, NETWORKINFRASTRUCTURE
FACILITIES, AND WIRELESS EQUIPMENT.
Prohibition of use of spectrum without assignment
3. No person shall use any part of the spectrum
without assignment from the Central Government
or the Commission as provided for in this Act.
Prohibition of provision of certain services without
a license 4 . (1). Subject to the provisions of
sub-section (2) no person shall (1) No person
shall: (a) own or provide any network infrastructure
facility, or (b) provide any network service,
or any application service or any content application
service, without a license granted under this
Act: Provided that the Central Government may,
by notification exempt any person, or of persons,
from the provisions of this section. Provided
further that the Central Government may by Notification
exempt any facility or service from the provisions
of this section**. Prohibition of possession of
wireless equipment without a license 5. (1) No
person shall possess any wireless equipment without
obtaining a license in.accordance with the provisions
of this Act: The draft Notification has to be
issued simultaneously with the Act otherwise the
Commission will be inundated with a large number
of applications for licences for services and
facility which are currently in wide spread use.
Provided that the Central Government may by notification
exempt in public interest any person or of persons
or any wireless equipment or categories of wireless
equipment from the provisions of this section.
(2) Nothing contained in sub-section (1) shall
apply to any person or equipment.already licensed
under section 4.
CHAPTER
III
COMMUNICATIONS
COMMISSION OF INDIA
Establishment of Commission 6 (1) With effect
from such date as the Central Government may by
notification appoint in this behalf, there shall
be established for the purpose of this Act, a
Commission, to be known as.the Communications
Commission of India. The Head Office of the Commission
shall be located at Delhi with Regional Offices
at Calcutta, Chennai and Mumbai . (2) The Commission
shall be a body corporate by the name aforesaid,
having perpetual succession and a common seal
with power to acquire, hold and dispose of property,
both movable and immovable and to contract, and
shall by the said name sue and be sued. (3) The
Commission shall consist of the following Members,
namely:- (a) a Chairperson; (b) seven persons
to be appointed as Members. (c) the Spectrum Manager,
as ex-officio member. (4) The Chairperson and
not less than five Members, (other than the ex-officio
Member), shall be whole-time Members. Appointment
of Chairperson and Members. 7. (1) The Chairperson
and Members (except the ex-officio Member) shall
be appointed by the Central Government by notification,
from amongst persons of eminence in the various
specialised fields such as broadcasting, telecommunications,
information technology, finance, management and
law . (2) Before appointing any person as Chairperson
or Member, the Central Government shall satisfy
itself that the person does not have any such
financial or other interests as is likely to affect
prejudicially his functions as such member. (3)
A person who is in the service of Government shall
have to retire or resign from service before joining
as Chairperson or whole time member. Term of
office of Chairperson and Members. 8. (1) The
Chairperson and whole-time Members shall hold
office for a term of five years from the date
on which they enter upon their office or untill
they attain age of 65 years whichever is earlier.
Provided that the Chairperson.and whole-time members
shall not be eligible for re-appointment (2)
The tenure of part time Members shall be such
as may be prescribed. (3) The Chairperson shall
have powers of general superintendence and direction
in the conduct of affairs of the Commission and
shall, in addition to presiding over the meetings
of the Commission, exercise and discharge such
powers and functions of the Commission as may
be assigned to the Chairperson by the Commission.
(4) The Chairperson or any Member of the Communications
Commission may resign from his or her office by
giving notice thereof in writing to the Central
Government and on such resignation being accepted,
the Chairperson or such other Member shall be
deemed to have vacated office. Removal from office
of Chairperson and Members. 8(A) The Central Government
may remove from office any member - (a) who has
been adjudged insolvent, or (b) who in the opinion
of the Central Government has become physically
or mentally incapable of acting as a member, or
(c) who has been convicted of any offence which
in the opinion of the Central Government involves
moral turpitude or (d) who has acquired such financial
or other interest as is likely to affect prejudicially
his functions as Chairman/ member; or (e) who
has so abused his position as to render his continuance
in office prejudicial to the public interest
No such member shall be removed from his office
under clause (d) or clause (e) above unless he
has been given a reasonable opportunity of being
heard in the matter. Salary and allowances of
Chairperson and Members 9. The salary and allowances
payable to, and the other terms and conditions
of service of the Chairperson and Members 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 shall be varied to their disadvantage
after appointment 10. Vacancy or defect not to
invalidate proceedings. 11. No act or proceeding
of the Commission shall be invalidated merely
by reason of - (a) any vacancy in, or any defect
in the constitution of, the Commission; or (b)
any defect in the appointment of a person acting
as a Member; or (c) any irregularity in the procedure
of the Commission not affecting the merits of
the case. Functions of Regional Offices. 12.
The Regional Offices of the Commission at Calcutta,
Mumbai and Chennai will perform such functions
as may be determined by regulation ***. Meetings
of Commission. 13. (1)The Commission shall meet
at such times and places and shall observe such
procedure in regard to the transaction of business
at its meetings as may be provided by regulations.
(2) A Member (other than the Chairperson) shall
be deemed to have vacated his or her office if
he absents himself for three consecutive meetings
of the Commission without the leave of the Chairperson.
(3) The Chairperson or, if he is unable to attend
a meeting of the Commission, any other Member
nominated by the Chairperson in this behalf and,
in the absence of such nomination or where there
is no Chairperson, any other Member chosen by
the Members present from among themselves shall
preside at the meeting of the Commission. Power
of Commission to regulate its procedure. 14. (1)The
Commission 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, while trying a suit,
in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of
any person and examining him/her on oath; (b)
requiring the discovery and production of documents;
(c) receiving evidence on affidavits; (d) issuing
commissions for the examination of witnesses or
documents; (e) subject to the provisions of section
123 and 124 of the Indian Evidence Act, 1972,
requisitioning any public record or document or
a copy of such record or or document, from any
office; (f) dismissing an application for default
or deciding it, ex parte; (g) setting aside any
order of dismissal of any application for default
or any order passed by it, ex parte; and (h) reviewing
its decisions; (i) issuing interim directions
and granting interim relief (j) any other matter
which may be prescribed. (2) All proceedings
before the Commission shall be deemed to be judicial
proceedings within the meaning of sections 193
and 228 of the Indian Penal Code, 1860; (3) The
Commission shall be deemed to be a civil court
for the purposes of sections 345 and 346 of the
Code of Criminal Procedure, 1973. (4) The Commission
shall not be bound by the procedure laid down
by the Code of Civil Procedure, 1908, but shall
be guided by the principles of natural justice
and, subject to the other provisions of this Act
and of any rules, the Commission shall have powers
to regulate its own procedure including the fixing
of places and times of business. Secretary-General
of the Commission. 15. (1)The Central Government
shall make available to the Commission, a panel
of not less than three officers of the rank of
the Secretary to the Government of India and the
Commission may appoint one of them as the Secretary-General
of the Commission. (2)The Secretary-General shall
be the Chief Executive Officer of the Commission
and shall exercise such powers and discharge such
functions of the Commission as may be delegated
to him/her by the Commission. (3) The Secretary-General
shall be appointed on deputation basis and on
such terms and conditions of service as may be
prescribed. 15. Secretary-General of the Commission.
(1) The Secretary-General shall be appointed by
the Commission and shall be its Chief Executive
Officer and shall exercise and discharge such
powers and functions as determined by regulation.
(2) For the purpose of aforesaid the Commission
may seek from the Central Government a panel of
not less than three officers who are eligible
to be or are of the rank of the Secretary to the
Government of India for being appointed as Secretary-General.
(3) The terms and conditions, and period of service,
of the Secretary-General shall be such as maybe
prescribed. Delegation of powers 17A. (1) The
Commission may by general or special order in
writing delegate to the Chairperson or any other
member or officer of the Commission subject to
such conditions as may be specified in the order,
such of its powers and functions under this Act
as it may deem necessary. (2)The Commission may
by general or special order in writing also form
committees of the members and delegate to them
the powers and functions of the Commission as
may be specified in writing by the regulation.
Distribution of business and authorisation 18.
(1)Except for the power of making regulations,
the Commission may, by general or special order,
and from time to time make provision for the distribution
of business of the Commission amongst members
of the Commission as may be considered appropriate
and necessary (2) The Commission may by order
in writing authorise any District Magistrate,
or Sub-Divisional Magistrate in any area or any
other officer of the Central Government or State
Government or Union territory Administration to
implement and ensure compliance of its directions
and orders; and when so directed or authorised
the officer so authorised shall be bound in law
to implement and carry out such directions and
orders
CHAPTER
IV
OBJECTIVES
OF THE COMMISSION
Objectives and guiding principles 19. The Communications
Commission of India while exercising its functions
shall be.guided by the following principles :
(i) that the communication sector is developed
in a competitive environment and in consumer interest
and that market dominance in a converged environment
is suitably regulated; (ii) that communication
services are made available at affordable cost
to all especially uncovered areas including the
rural, remote, hilly and tribal areas; (iii) that
there is increasing access to information for
greater empowerment of citizens and towards economic
development; (iv) that quality, plurality, diversity
and choice of services are promoted; (v) that
a modern and effective communication infrastructure
is established taking into account the convergence
of information technology, media, telecom and
consumer electronics; (vi) that defence and security
interests of the country are fully protected;
(vii) that introduction of new technologies, investment
in services and infrastructure, and maximisation
of communications facilities and services (including
telephone density) are encouraged; (viii) that
equitable, non-discriminatory interconnection
across various networks are promoted; (ix) that
licensing criteria are transparent and made known
to the public; (x) that an open licensing policy
allowing any number of new entrants (except in
specific cases constrained by limited resources
such as the spectrum) is promoted; and (xi) that
the principle of a level playing field for all
operators serving consumer interest, including
existing operators on the date of commencement
of the Act, is promoted.
CHAPTER
V
POWERS,
DUTIES AND FUNCTIONS OF THE COMMISSION
Powers duties and functions of the Commission.
20. (1) It shall be the duty of the Commission
to facilitate and regulate all.matters relating
to.carriage and content of communications. (2)
Without prejudice to the generality of the provisions
contained in sub-section (1), the.Commission shall-
(i) Carry out management, planning and monitoring
of the spectrum for non-strategic/ commercial
usages subject to the provision of section 24A;
(ii) grant licenses for purposes of the Act, and
determine and enforce license conditions and determine
fees (including fees for usage of spectrum) wherever
required; (iii) determine appropriate tariffs
and rates for licensed services, wherever considered
necessary and keeping in view the objectives and
guiding principles in the Act; (iv) ensure that
the grant of licenses will not result in eliminating
competition or in one or more service providers
becoming dominant to the detriment of other service
providers or consumers; (v) promote competition
and efficiency in the operation of communication
services and network infrastructure facilities;
(vi) formulate and determine conditions for fair,
equitable and non-discriminatory access to a network
infrastructure facility or network service such
other related matters in respect thereof; (vii)
take measures to protect consumer interests and
promote and enforce universal service obligations;
(viii) formulate and lay down programme and advertising
codes in respect of content application services;
(ix) formulate and lay down commercial codes in
respect of communication services and network
infrastructure facilities; (x) take steps to regulate
or curtail the harmful and illegal content on
the internet and other communication services;
(xi) formulate and lay down codes and technical
standards and norms to ensure quality and interoperability
of services and network infrastructure facilities
(including equipment); (xii) carry out any study
and publish findings on matters of importance
to the consumers, service providers and the communications
industry; (xiii) institutionalise appropriate
mechanisms and interact on a continual basis with
all sectors of industry and consumers, so as to
facilitate and promote the basic objectives of
the Act; to encourage self regulatory codes and
standards; (xiv) report and make recommendations
on such matters as may be referred to it by the
Central Government; (xiv) report and make recommedations
either suo moto or on such matters as may be referred
to by the Central Government in the matter prescribed
(xv) perform all or any functions in furtherance
of the objects of this Act, or such as may be
prescribed. (3) Whilst exercising its functions
under this Act, the Commission shall ensure transparency.
Sec. 20A - Power to make recommendation in certain
cases The Commission may at any time make appropriate
recommedations to the Central Government with
regard to any particular pratice or pratices that
impige upon or adversely affect the interest of
the sovereignty and integrity of India, security
of the state, friendly relations with foreign
countries or State, public order, decency or morality.
Codes and Standards 21. The Commission shall
by regulations from time to time specify programme
codes and standards which may include inter alia
practices - (i) to ensure that nothing is contained
in any programme which is prejudicial to the interests
of the sovereignty and integrity of India, the
security of State, friendly relations with foreign
States, public order or which may constitute contempt
of court, defamation or incitement to an offence.
(ii) to ensure fairness and impartiality in presentation
of news and other programmes. (iii) to ensure
emphasis on promotion of Indian culture, values
of national integration, religious and communal
harmony, and a scientific temper. (iv) to ensure
in all programmes decency in portrayal of women,
and restraint in portrayal of violence and sexual
conduct; (v) to enhance general standards of
good taste, decency and morality. Hearing of
complaints and resolution of disputes by the Commission
in certain cases 22 . (1). The Commission shall
- (a) decide any dispute or matter - (i) between
two or more service providers on issues relating
to spectrum interference, interconnectivity, denial
of fair access and practices restrictive of fair
competition; and (ii) between a service provider
and a group of consumers. (iii) arising out of
enforcement of any provision of this Act; (b)
hear and determine any complaint from any person
regarding contravention of the provisions the
Act, rules, regulations or orders made thereunder
including contraventions relating to any formulated
codes and technical standards, and of other terms
and conditions subject to which any license or
registration was granted; and if necessary refer
the matter for adjudication under Chapter X.
(2) For purposes of sub section (1) the Commission
shall pass such orders and issue such directions
as it deems fit. "(3) The Commission shall endeavour
to decide disputes and complaints referred to
in sub-section (1) as expenditiously as possible"
Directives by the Central Government. 23 . (1)
In exercising its licensing and regulatory functions
the Commission.shall follow such.policy directives
as may be communicated to it in writing by the
Central Government.from time to time. Such directives.may
include the route and the mode in which.any services
are to be licensed, whether by way of auction
or in any other form. (2) In framing the policy
directives the Central Government shall take into
account the objectives and guiding principles
governing the administration of the Act. (3)
The decision of the Central Government whether
a question is one.of policy or not shall be final.
(4) The Commission may request the Central Government
by means of a written.communication for a review
of any policy directive,and if any such request
is made .the Central Government will respond in
writing to such request with all expeditious despatch.
CHAPTER VI FREQUENCY SPECTRUM MANAGEMENT Spectrum
Management Committee 24 (1)The Central Government
shall be responsible for coordination with international
agencies in respect of matters relating to Spectrum
Management and also for allocation of available
spectrum for strategic and non-strategic/commercial
purposes. (2) For purposes of discharging the
responsibility under sub-section (1) above the
Central Government shall establish, by notification,
a Spectrum Management Committee with the Cabinet
Secretary as its Chairman and consisting of such
other members as may be notified from time to
time. (3) The Central Government shall also notify
an officer of that Government as "Spectrum Manager,
Government of India", to act as Member-Secretary
of the Spectrum Management Committee. (4) Subject
to general supervision and control of the Spectrum
Management Committee the Spectrum Manager shall,
inter-alia, perform the following functions :
(i) co-ordinate with international agencies matters
relating to overall spectrum planning, use and
its management; (ii) carry out spectrum planning,
and assign frequencies to the Central Government
and to State Governments to meet their vital needs,
including defence and national security. (iii)
allocate frequencies or band of frequencies including
frequencies which are to be assigned by the Commission;
and re-assignment of frequencies from time to
time. (iv) constantly review and make available
as much spectrum as possible for assignment by
the Commission, in particular by optimizing usages,
and. (v) Monitoring, in consultation with the
Commission, the efficiency of the utilization
of the spectrum by all users including investigation
and resolution of spectrum interference. (vi)
After meeting the requirements of the Central
Government and of State Governments for fulfilling
their vital needs - including defence and national
security, the Spectrum Manager shall make the
spectrum available (to the maximum extent possible)
for assignment by the Commission, both in the
shared as well as in the exclusive bands. 24(A)
The Commission shall be responsible for assignment
of the non strategic/ commercial spectrum to various
users. Provided that the Commission shall assign
such frequencies in case these are not exclusively
allocated to it, only with the prior approval
of the Spectrum Management Committee. (2)Whenever
the Commission seeks allocation of additional
spectrum for assignment (including in the shared
bands) a process for mutual consultation between
the Commission and the Spectrum Manager shall
be initiated in such manner and within a specified
time frame as may be prescribed. Commission to
notify schemes for assignment of spectrum 25 (1)
Before assigning any part of spectrum, the Commission
shall prepare and notify from time to time one
or more schemes or plans for such assignment,
after such public hearing as the Commission may
consider appropriate. (2) The Central Government
may, by notification, determine the class or classes
of persons or services for preferential assignment
of any frequency or spectrum by the Commission.
CHAPTER
VII
LICENSES
FOR COMMUNICATION SERVICES AND NETWORK INFRASTRUCTURE
FACILITIES
Licenses for service providers 26. (1) Having
regard to the necessity of serving the public
interest, ensuring competition and prevention
of monopolies in the provision of communication
services, the Commission may, by regulations specify,
- (i) eligibility conditions for issue of licenses;
(ii) cross-media restrictions having regard to
accumulation of interest; "(ii) Such restrictions
regarding ownership and or control of the media
having regard to accumulation of interest "; (iii)
restrictions or otherwise on the number of licenses
or extent of accumulation of interest in such
licenses by a person; and (iv) such other conditions
as may be considered necessary from time to time.
(2) (a) The Commission may determine by regulation
obligations,conditions,restrictions,tariffs and
rates subject to which service provider shall
provisde services. (b) The Commission may be regulations
determine the conditions subject to which a license
may be granted or transferred . (3) Subject to
the provisions of sub-section (1), the Commission
may grant license in such manner, and within such
time subject to such terms and conditions, on
payment of such fees and after following such
procedures as may be determined by regulation.
(4) The Commission shall notify from time to time
one or more schemes or plans for licensing containing
such details as may be specified by regulations.
Provided that the Commission shall before finalising
such scheme or plan consult the Central Government
in order to ensure that the defence and security
interests of the country is fully proctected."
(5) Any scheme or plan referred to in sub-section
(4) may provide for the eligibility conditions,
the number, and scope of licenses and such other
matters as the Commission may consider necessary.
(6) The Commission may grant license to any person
: (a) to provide or own network infrastructure
facilities, (b) to provide network services, (c)
to provide application services, and (d) to provide
content application services (a) to provide or
own network infrastructure facilities, Explanation:
For the purposes of clause (a) above,network infrastructure
facilities shall include facilities such as (i)
Earth Stations (ii) Cable infrastructure *****
A description of the facilites and services which
can be provided by a licencees of network infrastructure
facilities, network services; application services
and content application services is set out in
appendix II which will not form part of the Bill
since description will keep changing with time
and new technology. it is included here as an
appendix only to indicate to the draftsman of
the notification contemplated under the definitations
which of these services should be included in
the definitation clause. (iii) Wireless Equipment
(iv) Towers,poles,ducts and pits used in conjunction
with other communication infrastructure (v) Broadcasting
Distribution Facilites (b) to provide networking
services. Explanation: For the purposes of clause
(b) above, networking services shall include facilities
such as (i) Band width services (ii) Fixed links
(iii) Mobile Links (c) to provide network applications
services, Explanation: For the purposes of clause
(c) above, networking services shall include facilities
such as : (i) PSTN Telephony ( Public Switched
Telephony Network) (ii) Public Cellular Telephony
(iii) GMPCS ( Global Mobile Personal Communication
by Statellite) (iv) IP Telephony (v) Radio Paging
Services (vi) PMRTS ( Public Mobile Radio Trunking
Services) (vii) Public Switched Data Services
(viii) Broadcasting ( Radio / TV ) (d) to provide
content application services Explanation: For
the purposes of clause (d) above,content application
services shall include facilities such as : (i)
Satellite Broadcasting (ii) Subscription Broadcasting
(iii) Terrestrial free to air TV Broadcasting
(iv) Terrestrial Radio Broadcasting (v) Internet
based content on websites (a) to provide value
added network application services Explanation:
For the purposes of clause (e) above, networking
services shall include facilities such as : (i)
Internt Services (ii) U M S ( Unified managing
Services) (iii) I T enabled services including
call centres, E-commerce, tele banking, tele education,
tele trading and tele medicine, etc. (iv) Video
-tex (v) Video-conference (7) While granting
a license for any one of the categories under
sub-section (6) the Commission may confine or
limit the scope of the service to be provided
by the service provider. "(7) While granting
a license for any of the categories under the
sub-section (6), the Commission may confine or
limit the scope of the facility or services to
be provided by the service provider licencee in
each category of licence, and also specify the
conditions for providing that facility or services."
(8) While granting a license under sub-section
(6) the Commission may grant licenses either singly
or jointly for one or more categories as may be
prescribed. . Provided that no license shall be
granted under this sub-section if it conflicts
with the objectives and guiding principles set
out in Chapter IV particularly in relation to
ensuring fair access and promotion of competition
. "(8) While granting a license under sub-section
(6) the Commission may grant licenses either singly
or jointly for one or more categories as may be
prescribed. . Provided that no license shall be
granted under this sub-section if it conflicts
with the objectives and guiding principles set
out in Chapter IV particularly in relation to
ensuring fair access and promotion of competition
." " Provided that no licence will be required
in respect of any person or class of person, or
an facility or services, which has been exempted
under the provisos to Section 4 (b)." Period and
form of license 27. (1) A license shall be granted
for such period as may be specified by regulations.
(2) A license granted under this Act shall be
in such form and shall be subject to the payment
of such fees as may be determined by regulations:
Provided that the Central Government may by notification,
in public interest exempt any person or class
of persons from payment of the license fee. Duties
of service providers 28 (1) The Commission may,
from time to time, determine by regulations such
obligations, conditions, restrictions, tariffs,
and rates subject to which the service provider
shall provide services. (2) Without prejudice
to the foregoing provision (a) (1) Every service
provider shall wherever required or applicable-
(i) provide such services to give effect to universal
service obligations as may be prescribed. (ii)
provide such life saving services as may be prescribed;
(iii) provide service to any person on demand
(within a reasonable period of time) and on a
non-discriminatory basis; (iv) follow the codes
and standards laid down and specified by the Commission;
(b) (2) Every service provider of a content application
service shall wherever required or applicable
(i) endeavour to provide a suitable proportion
of programmes of indigenous origin; and (ii) ensure
that no programme forming part of its services
infringes any copyright. (3) Without prejudice
to the foregoing provisions of this Act, every
service provider holding a license for providing
distribution of broadcasting services shall, amongst
others, - (i) provide a specified number and type
of broadcasting services, including those of the
public service broadcaster, in such manner, as
may be prescribed; (ii) include only licensed
broadcasting service or registered services in
his delivery package for the purposes of distribution;
(iii) use not more than such number of channels
as specified by regulations, out of the total
channel capacity of the system, for providing
his own programming. Certain Agreements to be
registered with the Commission 29. Every agreement
entered into or made by any service provider falling
under one or more of the following categories
shall, within sixty days from the making of such
agreement, be registered with the Commission namely:-
(a) Shareholders or promoters agreements ; (b)
Interconnectivity agreements; (c) Such other agreements
as may be specified by regulations.
CHAPTER
VIII
LICENSING
OF POSSESSION OF WIRELESS EQUIPMENT
License for wireless equipment 30. (1) Subject
to the provisions of sub section (1) of section
5, any person who intends to posses any wireless
equipment shall make an application to the Commission
for the grant of a license. (2) Every application
shall be in such form and shall be accompanied
by such fees as may be determined by regulations.
(3) The Commission shall on receipt of an application
under sub-section (1), after making such enquiries
as it deems fit, grant the license or reject the
application: Provided that no application shall
be rejected unless an opportunity of being heard
is given to the applicant; Provided that no application
for a license shall be rejected except on grounds
of security of State, public order or other public
interest. (4) Every license issued under this
section shall be subject to such conditions and
restrictions as the Commission may by regulations
determine.
CHAPTER
IX
SPECIAL
PROVISION IN RESPECT OF CERTAIN SERVICES
Provision for live broadcasting of certain events.
32 (1) For the purpose of ensuring widest availability
of viewing in India of national or international
events held in India, no person shall carry a
broadcast of any such event in India, as may be
previously notified by the Central Government,
unless simultaneously the public service broadcaster
(and/or any other broadcaster as may be notified
by the Commission) have also been offered the
broadcasting rights by the organisers of such
event, on such terms as determined by the Commission
in advance of the bidding for the event. Provision
for live broadcasting of certain events. 32 1.
For the purpose of ensuring widest availability
of viewing in India of national or international
events of general public interest to be held in
India, the Central Government shall notify the
same well in advanced . 2. Such National or Internatoional
event of general public interest will have to
be carried on the network of the public service
broadcaster(s) as well . 3. In order to strive
towards providing a level playing field for bidders
for Broadcasting rights, or persons interested
in receiving broadcasting right for events, notified
under sub-section (1) the Commission shall determine
well in advance of such event the principles and
terms for the access to the network of the public
service broadcaster.
CHAPTER
X
PENALTIES
AND ADJUDICATION BREACH OF TERMS AND CONDITIONS
OF LICENSES, PENALTIES AND ADJUDICATION
Breach of terms and conditions of Licenses, Penalties
and Adjudication 33.(1) With out prejudice to
the foregoing provisions of this chapter. In any
case of breach of any of the terms of the license
or failures to comply with any decision, direction
or order of the Commission, the Commission may,
after providing an opportunity to the licensee
of being heard, do any one or more of the following,
namely:- (a) direct the licensee to do or abstain
from doing any act or thing; (b) suspend the license
for a special period; (c) curtail the period of
the license; or (d) revoke the license. (e) initiate
adjudication proceedings under this chapter. (2)
If the Commission has a reason to believe that
the terms and conditions of a license for providing
a service have been or are being breached by a
licensee, the Commission may authorised the seizure
of the equipment being used for provision of such
service, and for this purpose the Commission may
be order in writing, authorise any District Magistrate,
or Sub-Divisional Magistrate in any area,or any
other officer of the Central Goverment or State
Government or Union territory, to implement and
ensure compliance of itsdirections and orders;
and when so directed or authorised the authorities
or officers concerned shall be bound to carry
out such directions and orders. (3) Any person
aggrieved by such seizure may appeal to the Appellate
Tribunal within thirty days of the seizure and
the Appellate Tribunal may pass such orders as
expeditiously as possible as to the disposal of
the property so seized as it may deem fit. Provided
that no such equipment shall be retained by the
Commission or the authorised officer for a period
exceeding forty five days ninety days from the
date of its seizure without the approval of the
Appellate Tribunal on a report to be made by the
authorised officer. Penalty for breach of terms
and conditions of license. "34 . If any licensee
commits breach of or fails to observe any terms
and conditions subject to which a license was
issued or fails to observe any rule, regulation
and order made under this Act, the licensee shall
be liable to a penalty under this Chapter". not
exceeding rupees fifty crores. Penalty for transmission,
distribution etc. in contravention of the provisions
or without license. 35. If any person transmits
or distributes any communication or performs any
service incidental thereto by the use of a network
infrastructure facility, communication service
or wireless equipment which is not licensed or
which has been established or maintained or operated
in contravention of the provisions of the Act
or any rules, or regulations made thereunder,
such person shall be liable to a penalty under
this chapter which may extend to rupees ten crores.
Penalty for delivery of content through facilities
or equipment not licensed under the Act. 36. If
any person delivers any content for transmission
or accepts delivery of any content sent by the
use of network infrastructure facility, communication
service or wireless equipment knowing or having
reason to believe that such facility, service
or equipment has been established or has been
maintained or operated without a license or in
contravention of the provisions of this Act or
any rules or regulations made thereunder, such
person shall be liable to a penalty under this
chapter which may extend to rupees ten crores.
Penalty for failure to Register Agreements 37.
If a service provider who fails without reasonable
excuse to register an agreement which is required
to be registered as provided for in section 29
he shall be liable to a penalty under this chapter
which may extend to ten lakh rupees.Penalty for
failure to comply with the decision, direction
or orders of the Commission. 38. If any person
wilfully fails to comply with any decision, direction
or order of the Commission, such person shall
be liable to a penalties under this chapter a
penalty which may extend to rupees five crores,
and in case of a second or subsequent failure
with a further penalty which may extend to rupees
ten crores, and in the case of continuing failure
with an additional further penalty which may extend
to rupees two lakhs for every day during which
such failure continues. Filing of complaint,
limitation, form, reference for adjudication including
suo motu reference by Commission. 39. (1) A complaint
may be filed before the Commission alleging that
a service provider or any other person has incurred
a liability to a penalty under this Chapter.
(2) Every complaint under sub- section (1) (except
a complaint under section 33) shall be filed
within sixty days from the date on which any act
or conduct constituting the contravention took
place and shall be in such form as may be prescribed:
Provided that the Commission may entertain the
complaint after the expiry of the said period
if satisfied that there was sufficient cause for
not filing the complaint, within the time stated
or pass such other order as it deems fit (3) On
receipt of a compliant under section (1) if the
Commission is of the opinion that there is a prima
facie case for referring the matter for adjudication
under this Chapter it may refer the same to the
Adjudicating Officer having jurisdiction in the
matter for adjudication; in all other cases the
Commission may summarily dismiss the complaint
or pass such other order as it deems fit. (4)
Notwithstanding anything contained in this section
the Commission may at any time refer suo motu
any contravention of any of the provisions of
this Act or of any rule, regulation direction
or order made thereunder, to the Adjudicating
Officer for adjudication in accordance with the
provisions of this Chapter. Power to adjudicate.
40. (1) For the purpose of adjudging whether
any person has committed a contravention of any
of the provisions of this Act or of any rule,
regulation, direction or order made thereunder
or is liable to a penalty under this Chapter,
the Commission shall, subject to the provisions
of sub-section (3), appoint an officer of the
Commission as Adjudicating Officer for holding
an inquiry in the manner provided for herein and
in the regulations. (2) The Adjudicating Officer
shall, give the person referred to in sub-section
(1) a reasonable opportunity for making a representation
in the matter, and if, on inquiry, the Adjudicating
Officer is satisfied that the person has committed
any contravention, and is liable to a penalty
then such penalty as may be determined by order
shall be levied on such person. (3) No person
shall be appointed as an adjudicating officer
unless he or she possesses such experience as
may be prescribed. (4) Where more than one adjudicating
officers are appointed, the Commission shall specify
by order the matters and places with respect to
which such officers shall exercise their jurisdiction.
(5) For the purpose of discharging his powers
and functions, every Adjudicating Officer shall
have the same powers as are vested in a civil
court under Code of Civil Procedure, 1908 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
section 123 and 124 of the Indian Evidence Act,
1972, requisitioning any public record or document
or a copy of such record or a copy of such record
or document, from any office; (e) issuing Commissions
for the examinations of witnesses or for production
of documents; (f) dismissing an application for
default or deciding it ex parte; (g) setting
aside any order of dismissal of any application
for default or any order passed by it, ex parte;
(h) reviewing its decisions; (i) issuing interim
directions and granting interim relief. (j) any
other matter which may be prescribed. (6) The
Adjudicating officer shall endeavours to decide
disputes and complaints referred to in Sec. 39
as expeditiously as possible. 7 (6) All proceedings
before the Adjudicating officer shall be deemed
to be judicial proceedings within the meaning
of sections 193 and 228 of the indian penal Code;
1860 8 (7) The Adjudicating Officer shall be deemed
to be a civil court for the purposes of sections
345 and 346 of the Code of Criminal Procedure,
1973.Factors to be taken into account by the adjudication
officer. 41. (1) Any penalty imposed under this
Chapter shall not exceed rupees fifty crores.
(2) While adjudging the quantum of penalty under
this Chapter, the Adjudicating Officer shall have
due regard to the provisions of this Act, and
also to the following factors, namely:- (a) the
amount of revenue loss to the Government; (b)
the amount of disproportionate gain or unfair
advantage, wherever quantifiable, made as a result
of the default; (c) the amount of loss caused
to any person as a result of the default; (d)
the repetitive nature of the default; (e) that
the amount of the penalty shall be such as may
act as a deterrent even though no financial loss
may be caused by such contravention. Penalty for
wilfully or negligently damaging network infrastructure
facility and causing interruption 42 (1). If
any person damages, displaces or destroys and
cable or any part of the network infrastructure
facility laid, established or place in accordance
with the provisions of this Act, or if the communication
services by reason of the damage or displacement
so caused is interrupted, such person shall be
liable (a) where the act is wilful and deliberate
to a penalty which may extend to rupees five crores
and where the actual loss or damage caused is
more than rupees five crores then to a penalty
upto that extent; (b) where the act is not wilful
or deliberate to a penalty not exceeding the actual
loss or damage caused. (2) out of the penalties
specified in sub-sec. (1) of Sec. 34 such as may
be determined by the Adjudicating Officer shall
be payable to the licensee concerned as reasonable
compensation for damage to the cable or any part
of the network infrastructure facilty.
CHAPTER
XI
COMMUNICATIONS
APPELLATE TRIBUNAL
Establishment of Communications Appellate Tribunal.
43. (1) The Central Government shall by notification,
establish an Appellate Tribunal to be known as
the Communications Appellate Tribunal. (2) Any
person aggrieved by any decision or order of the
Commission may prefer an appeal to the Appellate
Tribunal: (3) Every appeal under sub-section
(2) shall be preferred within a period of sixty
days from the date on which a copy of the decision
or order made by the Commission is received by
the person aggrieved and it shall be in such form,
verified in such manner and be accompanied by
such fee as may be prescribed: (4) Any person
aggrieved by an order of penalty imposed by the
Adjudicating Officer may prefer an appeal to the
Appellate Tribunal within sixty days from the
date on which such order is received. Such appeal
shall be in such form, verified in such manner
and accompanied by such fee as may be prescribed.
(5) On receipt of an appeal under sub-section
(2), or (4) above the Appellate Tribunal may after
giving the parties to the appeal an opportunity
of being heard, pass such orders thereon as it
thinks fit. (6) The Appellate Tribunal shall
send a copy of every order made by it to the parties
to the appeal and to the Commission or to the
Adjudicating Officer, as the case may be. (7)
The Appellate Tribunal shall endeavour to deal
with and dispose of every appeal preferred under
sub-section (2) and (4) above as expeditiously
as possible; and all parties appearing before
the Appellate Tribunal shall actively assist in
ensuring that the appeal is determined and disposed
off not later than ninety days from the date
of filing of the appeal: (8) The Appellate Tribunal
may, on its own motion or otherwise for the purpose
of examining the legality, propriety or correctness
of any order or decision of the Commission or
of the Adjudicating Officer, call for all relevant
records and make such orders as it thinks fit,
provided that the power under this sub-section
shall not be invoked after the expiry of six
months from the date of such order or decision.
Composition of Appellate Tribunal. 44. (1) The
Appellate Tribunal shall consist of a Chairperson
and not more than six Members to be appointed,
by notification, by the Central Government:
(2) The appointment 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 Benches thereof;
(b) a Bench may be constituted by the Chairperson
of the Appellate Tribunal consisting of two or
more Members as the Chairperson may deem fit;Provided
that every Bench shall be presided over by a Judicial
member. Explanation: For the purposes of this
section "Judicial Member" means any person who
has been a judge of a High Court in India. (c)
the Benches of the Appellate Tribunal shall ordinarily
sit at New Delhi and also at such other places
as the Central Government may notify, in consultation
with the Chairperson of the Appellate Tribunal,;
(d) the Central Government shall notify the areas
in relation to which each Bench of the Appellate
Tribunal may exercise jurisdiction. (4) The Chairperson
of the Appellate Tribunal may from time to time
(according to the exigencies of business) request
a Member sitting on one Bench to sit on another
Bench. (5) If at any stage it appears to the Chairperson
or a Bench 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 more than
two or more Members, the case or matter may be
transferred by the Chairperson to a Bench of more
than two Members. Qualification, tenure, salary
and allowances, vacancy of the Chairperson and
Members of the Appellate Tribunal. 45. (1)
A person shall not be qualified for appointment
as the Chairperson or a Member of the Appellate
Tribunal unless - (a) in the case of the Chairperson,
he is, or has been, a Judge of the Supreme Court
of India; (b) in the case of a Member, he is or
has been a Judge of a High Court in India, or
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 he is a person
who is proficient in the field of information
technology, telecommunication, broadcasting,law,industry,
or administration. (2) The Chairperson and every
other Member of the Appellate Tribunal shall hold
office as such for a term not exceeding five years
from the date on which he or she enters upon his
or her office; Provided that no Chairperson or
other Member shall hold office as such after
he or she has attained- (i) in the case of Chairperson,
the age of seventy years; (ii) in the case of
any other Member, the age of sixty-five years.
(3) 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 or her disadvantage after appointment.
(4) (a) 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.
(b) When the Chairperson of the Appellate Tribunal
is unable to discharge his functions owing to
absence, illness or any other cause,any member
of the Appellate Tribunal, (as authorised so to
do by the Central Government), shall discharge
the functions of the Chairperson until the day
on which the Chairperson resumes charge of his
functions. (5) Before appointing any person as
Chairperson or Member, the Central Government
shall satisfy itself that the person does not
have any such financial or other interests as
is likely to affect prejudicially his functions
as such member. (6) A person who is in the service
of Government shall have to retire or resign from
service before joining as Chairperson or whole
time member. Removal and resignation 46. (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.
Distribution of business, transfer of cases, difference
in opinion by Members. 47. (1) The Chairperson
of the Appellate Tribunal may, from time to time,
by order, 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. (2)On the application
of any of the parties and after notice to the
parties, and after hearing such of them as may
desire to be heard, or suo motu without notice,
the Chairperson of the Appellate Tribunal may
transfer any case pending before one Bench for
disposal, to any other Bench. (3)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, and thereafter
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.
Procedure and powers of a civil court. 49. (1)The
Appellate Tribunal shall have, for the purpose
of discharging its functions under this Act,
the same powers as are vested in a civil court
under the Code of Civil Procedure,1908 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, requisitioning any
public record or document or a copy of such record
or document from any office; (e) issuing Commissions
for the examinations of witnesses or documents;
(f) dismissing an application for default or deciding
it exarte; (g) setting aside any order of dismissal
of any application for default or any order passed
by it, ex parte; (h) reviewing its decisions;
and (i) issuing interim directions and granting
interim relief (i) (j) any other matter which
may be prescribed. (2) The Appellate Tribunal
shall not be bound by the procedure laid down
by the Code of Civil Procedure, 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. (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, 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. Representation
before the Appellate Tribunal 50. An applicant
or appellant may either appear in person or authorise
one or more chartered accountants, or company
secretaries, cost accountants or legal practitioners,
or any of his or its accredited officers to present
his or its case before the Appellate Tribunal.Explanation:
For the purpose 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 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 CompanySecretaries
Act,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 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. Appeals. 51. (1) Notwithstanding
anything contained in the Code of Civil Procedure,
1908 or in any other law, an appeal shall lie
against any order, not being an interlocutory
order, passed by the Appellate Tribunal to the
Supreme Court of India 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 of India 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. Execution of orders. 52.
(1) An order passed by the Appellate Tribunal
under this Act shall be executable by the Appellate
Tribunal as a decree of a 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. Explanation - The
expression "civil court having jurisdiction" shall
mean, the civil court within whose ordinary civil
jurisdiction the licensee or judgement debtor
as the case may be resides or has a place of office
or business and also within whose jurisdiction
any property belonging to the licensee or judgement
debtor is located. Penalty for failure to comply
with the decision or orders of Appellate Tribunal
53. If any person wilfuly fails to comply with
any decision, direction or order of Appellate
Tribunal such person shall be liable to a penalty
to be imposed by the order of Appellate Tribunal
which may extend to rupees five crores, provided
that no such penalty shall be levied without giving
any opportunity to party concerned. CHAPTER XIA
Officers and employees of commission and Appellate
Tribunal 53A (1). The Commission or Appellate
Tribunal as the case may be shall appoint such
officers or other employees as the Commission
or Appellate Tribunal (as the case may be) consider
necessary for the efficient discharge of their
respective functions under the Act subject to
such conditions as may be prescribed . (2) The
salaries and allowances payable to and the terms
and conditions of services of the officers and
employees of the Appellate Tribunal shall be such
as may be prescribed; (3) The officers and employees
of the Commission shal discharge their functions
under general superintendence and control of the
Chairperson of the Commission and the officers
and employees of the Appellate Tribunal shall
discharge their functions under general supervision
and control of the Chairperson of the Appellate
Tribunal. CHAPTER XII Proceeds of Licence Fee.
54. The proceeds of the licence fee shall be credited
to the Consolidated Fund of India Sec. 54 (1)
Subject to the provisions of sub-sec (2) the proceeds
of the license fee shall be credited to the consolidated
Fund of India. Sec. 54 (2) Such portion or percentage
of the license fee as may be attributable to the
universal Service obligation (USO) as may be prescribed
shall be credited to a separate fund known as
universal Service Obligation Fund in the public
account of India.Formation of Communications Commission
and Appellate Tribunal Fund. 55. (1)There shall
be a fund to be called Communications Commission
and Appellate Tribunal Fund and there shall be
credited thereto any sum of money paid or any
grants made by the Central Government for the
purpose of this act. (2) Fee and levies receivable
by the Commission as also the Appellate Tribunal
as per the Act shall also be credited to the Fund.
"55 . (1) There shall be constituted two separate
funds to be called the Communications Commission
Fund and the Appellate Tribunal Fund, and there
shall be credited to thse funds sums of money
paid or grants made by the central Government
to be utilised for the purposes of this act. "55
(2) Fees and levies receivable by Commission shall
be credited to the Communications Commission Fund,
and fees and levies receivable by the Appellate
Tribunal shall be credited to the Appellate Tribunal
Fund."Grants and application of funds 56. The
Central Government may, after due appropriation
made by Parliament, by law in this behalf, credit
to the Fund by way of Grant such sum or sums of
money as the Central Government thinks fit for
being utilized for the purposes of this Act, separately
for the Communications Commission and the Appellate
Tribunal respectively. Grants and application
of funds 56. "After due appropriation made by
Parliament by law, th Central Government shall
credit to the funds by the way of grant, separately
for the commission and for the Appellate Tribunal,
adequate sums of money for being utilised for
the purposes of this Act, and for meeting the
salaries and allowances payable to the Chairperson
and Members, and the administrative expenses including
the salaries and allowances payable to or in respect
of officers and other employees of the Commission
and of the Appellate Tribunal" Applications of
Funds. 57. The funds shall be applied for - (a)
The salaries and allowances payable to the Chairperson
and members and the administrative expenses including
the salaries, and allowances payable to or in
respect of officers and other employees of the
Commission; (b) The salaries and allowances payable
to the Chairperson and members and the administrative
expenses including the salaries, and allowances
payable to or in respect of officers and other
employees of the Appellate Tribunal; and (c) The
expenses on objects and for purposes authorized
by this Act. Old Accounts and Audit Old 58 (1)
The Commission as also Appellate Tribunal shall
maintain proper accounts and other relevant records
and prepare an annual statement of accounts in
such form and in such manner as may be prescribed
by the Central Government in consultation with
the Comptroller and Auditor General of India.
(2) The Accounts of the Commission as also as
Appellate Tribunal shall be audited by the Comptroller
and Auditor General of India at such intervals
and as may be specified by him and any expenditure
incurred in connection with such audit shall be
payable by the Commission as also Appellate Tribunal
to the Comptroller and Auditor - General; Explanation:
For removal of doubts, it is hereby, declared
that the orders and decisions of the Commission
in discharge of their statutory functions (which
are appealable to the Appellate Tribunal are not
subject to audit under this Section.) (3) The
Comptroller and Auditor-General of India and any
person appointed by him in connection with the
audit of the accounts of the Commission as also
of the Appellate Tribunal shall have the same
rights and privileges and authority in connection
with such audit as the Comptroller and Auditor-General
has in connection with the audit of 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 Commission as
well as Appellate Tribunal. (4) The accounts of
the Commission as also of the Appellate Tribunal
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 Central
Government and that Government shall cause the
same to be laid before each House of Parliament.
New Section "58 (1) The Commission as also Appellate
Tribunal shall maintain proper accounts and other
relevant records and prepare an annual statement
of accounts in such form and in such manner as
may be prescribed by the Central Government in
consultation with the Comptroller and Auditor
General of India. (2) The accounts of the commission
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 form part of the Annual Report of
the Commission referred to in Section 58A(1).
(3) The accounts of the Appellate Tribunal as
certified by the Comptroller and Audtior 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 Govenrnment shall cause the
same to be laid before each House of Parliament.
Annual report and its laying 58 A. (1)The Commission
shall after the end of each financial year, submit
to the Central Government a report on their activities
during the preceding financial year and containing
such information relating to the proceedings and
policy, as may be prescribed from time to time.
Such report shall also contain therein the statements
of annual accounts of the Commission as also the
Appellate Tribunal. (2) The Central Government
shall cause such report to be laid before each
House of Parliament.
CHAPTER
XIII
RIGHT
OF WAY FOR LAYING CABLES AND ERECTION OF POSTS
Users rights over land 59. (1) Subject to the
provisions of this Act any licensee of a net work
infrastructure facility (hereinafter called "a
facility provider") may from time to time lay,
and establish cables and erect posts under over
along across in or upon any immovable property
vested in or under the control or management of
a public authority. (2) Any public authority under
whose control or management, any immovable property
is vested shall, on receipt of a request from
a facility provider permit the facility provider
to do all or any of the following acts namely
: (a) to place and maintain underground cables
or posts, (b) to enter on the property from time
to time, in order to place, examine, repair, alter
or remove such cables or posts. (3) The permission
mentioned in sub section (2) above shall be promptly
given and shall not be unreasonably withheld or
denied. Provided that in case of an emergency
the facility provider may at any time for the
purpose of examining, repairing altering or removing
any cable or post enter upon the property for
that purpose without first obtaining such permission.
(4) Nothing in this section shall confer any right
upon any facility provider other than that of
user for the purpose only of laying underground
cables or erecting posts or maintaining them.
(5) The facility of right of way for laying underground
cables, and erecting posts, shall be available
to all facility providers without discrimination
and subject to the condition that this right of
way facility shall be available to facility providers
to the extent of the provisions contained in their
respective licences and subject to the obligation
of reinstatement or restoration of the property
or payment of reinstatement or restoration charges
in respect thereof at the option of the public
authority: (6) Where any shifting or alteration
in position of the underground cable or post is
required due to compulsive causes like widening
of highways and construction of flyovers or bridges,
the said facility provider shall shift or alter
the same at his own cost within the period indicated
by concerned authorities. (7) The rights conferred
under this section shall be exercised by the said
facility provider strictly in accordance with
the terms and conditions subject to which the
license was granted. (8) For the purposes of
speedy clearance of requests for laying cables
or erecting posts on any property vested in or
under the control or management of any public
authority, high powered committees, or other appropriate
mechanisms shall be promptly set up by the Central
and/or State Governments in the manner prescribed,
they shall in each State act as a single nodal
agency to co-ordinate all activities in this regard;
and the Central Government may prescribe appropriate
guidelines in this behalf. Rights of public
authority to grant permission subject to conditions.
60. Any permission granted by a public authority
may be subject to such reasonable conditions as
that authority thinks fit to impose as to the
time or mode of execution of any work, or as to
any other matter connected with or related to
any work under taken by the facility provider
in exercise of those rights. Special provision
for removal or alteration of cable or post 61.
When under the foregoing provisions of this Act,
any cable or post has been placed by any facility
provider under, over, along, across in or upon
any property and the public authority having regard
to circumstances which have arisen since the cable
or post was so placed, considers it necessary
and expedient that it should be removed or its
position should be altered, it may require the
concerned facility provider to remove it or alter
its position as the case may be and it shall then
be so removed or altered without any delay. Disputes
between the service provider and public authority
62. (1) If any dispute arises under this Chapter
the same shall be referred to the District Court
within whose jurisdiction the property concerned
is situated for determination by that Court.
(2) Every such determination shall be in accordance
with the provisions of this Chapter and such determination
will be deemed to be a decree of the District
Court and be for all purposes treated as such.
(3) The provisions of the Code of Civil Procedure,
1908 will apply to adjudication of all disputes
under this section. (4) Pending disposal of any
application the District Judge may pass such interim
orders preventive or mandatory for the doing of
any act under this Chapter on such terms and conditions
as may be provided for. Use of private land 62.A.
(1) A facility provider may make use of private
land for constructing or laying of cables or erecting
posts only with the consent of the owner of the
land. Provided that where in the opinion of a
facility provider consent to the reasonable use
of any land is not forthcoming such facility provider,
may, on application to and with the approval of
the Commission, take steps authorised by the Commission
for use of the land for constructing or laying
cables or erecting posts on such terms as the
Commission may deem fit. (2) Subject to clause
(1) above and only where absolutely necessary
the facility provider may with the approval of
the Commission approach the concerned Government
for acquisition of the land required for the purpose
and such Government shall there upon take appropriate
action under the Land Acquisition Act 1896 and
take steps under that Act to acquire the same.
(3) After receiving requests from the facility
provider as provided in sub-section (1) above,
and with the approval of the Commission, the Government
shall acquire such land or interest in such land
for use by the facility provider after following
such procedures and after determining such compensation
to be paid by the facility provider as provided
for under the Land Acquisition Act 1896. Such
acquisition shall be deemed to be for public purposes
under the Land Acquisition Act. Power of Commission
over property not vested in or under the control
or management of a public authority 62 B. (1)
The Commission may, by order, require or permit
any network infrastructure facility to be provided,
constructed, installed, altered, moved operated,
used, repaired or maintained on any private land
or property and may by order require any such
property to be acquired (if and where necessary)
or any system of method to be adopted by any person
interested in or affected by the order, and at
or within such time subject to such conditions
as to compensation or otherwise and under such
supervisions as the Commission may determine to
be just. (2) The Commission may specify by whom,
in what proportion and at or within what time
the cost of doing anything required or permitted
to be done under sub-section (1) shall be paid.
(3) Orders of the Commission under Sub-section
(1) and (2) above shall be enforceable under Chapter
X of this Act.
CHAPTER
XIV
INTERCEPTION
OF COMMUNICATION AND PUNISHMENT FOR UNLAWFUL INTERCEPTION
Interception of communication and safeguards against
misuse 63. (1) Notwithstanding anything contained
in Section 69 of the Information Technology Act,
2000 and subject to the prescribed safeguards,
the Central Government or a State Government or
any officer specially authorized in this behalf
by the Central Government or a State Government,
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, may direct: (i) any agency of
that Government to intercept any communication
on any network facilities or services; (ii) any
service provider that any content brought for
communication by or communicated or received by
him shall not be communicated or shall be intercepted
or detained or shall be disclosed to that Government
or its agency authorized in this behalf: Provided
that press messages, data or information intended
to be published in India of correspondents accredited
to the Central Government or a State Government
shall not be intercepted or detained: (2) The
service provider shall, when called upon by any
agency, which has been directed to carry out interception
under sub-section (1), extend all facilities and
technical assistance for interception of the content
of communication. (3) Any service provider who
fails to assist the agency referred to in sub-section
(2) shall be punished with imprisonment for a
term, which may extend to seven years. (4) Save
as otherwise provided under this section any person
who intercepts any communication or causes any
communication to be intercepted or discloses to
any person, any content shall be punishable with
imprisonment which may extend to five years or
with fine which may extend up to ten lakh rupees
and for a second and subsequent offence with imprisonment
which may extend to five years and with fine which
may extend up to fifty lakh rupees or with both.
(5) For the purposes of this section 'intercept'
means the aural or other acquisition of the contents
through the use of such devices or means as considered
necessary.
CHAPTER
XV
OFFENCES
AND PUNISHMENT
Punishment for provision of unlicensed services
64. (1) Save as otherwise provided in this Act,
any person who, without a license, owns or provides
any network infrastructure facility or provides
any communication service or knowingly assists
in the transmission or distribution of such service
in any manner including,- (a) collection of subscription
for his principal, (b) issuing of advertisements
to such service, (c) dealing in or distribution
of equipment for decoding programmes, shall be
punishable with imprisonment which may extend
up to five years, or with fine which may extend
up to rupees five crores and in subsequent offence
such fine may extend to rupees ten crores, or
with both. (2) Any person who, without the permission
of the service provider and with the intent to
defraud, diverts any signal or decodes any content
or deals in decoding equipment for such purpose
shall be punishable with imprisonment which may
extend upto five years, or with imprisonment which
may extend to five years and with fine which may
extend upto rupees five crores and in subsequent
offences to a like term of imprisonment and to
fine which may extend to rupees ten crores. (3)
Any person who, knowingly benefits from any unauthorised
diversion or tampering with any communication
service or network infrastructure facility with
the knowledge that such service or facility is
unauthorized or tampered, shall be punished with
imprisonment for a term which may extend to two
years, or with fine which may extend to rupees
two crores, or with both. (4) Any person who,
abets or induces the making of any unauthorised
diversion or tampering with any communication
service or network infrastructure facility shall
be punished with imprisonment for a term which
may extend to two years, or with fine which may
extend to rupees two crores or with both (5) Any
person who, having already been convicted of an
offence under sub-section (3) or sub-section (4)
is again convicted thereunder, shall on every
such subsequent conviction, be punished with imprisonment
for a term which shall not be less than six months
but which may extend to five years, and with fine
which may extend to rupees five crores or both.
Punishment for possession of wireless equipment
or use of spectrum in contravention of the Act
65. Any person,- (a) who possesses any wireless
equipment in contravention of the provisions of
section 5; (b) who uses a radio frequency which
he is not authorised to use under this Act, shall
be guilty of an offence and shall be punishable
with imprisonment which may extend to three years
or with fine which may extend to rupees two crores,
or with both. (2) When any person is convicted
for an offence punishable under this section,
all wireless equipments or any part thereof in
respect of which the offence has been committed,
shall be forfeited to the Central Government.
(3) Any wireless equipment confiscated which has
not been claimed by anybody shall be the property
of the Central Government. (4) Any officer specially
authorised by the Central Government or the Commission
in this behalf may search any building, vehicle,
vessel or place in which he has reason to believe
that any wireless equipment in respect of which
an offence punishable under this section has been
committed is kept or concealed and take possession
thereof. Punishment for sending obscene or offensive
messages 66. Any person who-(a) sends, by means
of a communication service or a network infrastructure
facility, any content that is grossly offensive
or of an indecent obscene or menacing character;
or (b) sends by those means, for the purpose
of causing annoyance, inconvenience, danger, obstruction,
insult, injury, criminal intimidation, enmity,
hatred or ill-will, content that he knows to be
false or persistently makes use for that purpose
of a communication service or a network infrastructure
facility, shall be punishable with imprisonment
for a term which may extend upto three years or
with fine which may extend to rupees two crores
or with both.Sec. 67 of Information Technology
Act, 2000 and clause 66 of the present Bill operate
in different fields. Sec. 67 adapts for publication
in electronic form the provision of Sec 292 of
Indian Penal Code and also deals with new type
of offences generated by a new means of communication,
known as Cyberstalking. Attempt to commit offences
67. Whoever attempts to commit or abets the commission
of any offence, under Chapter XIV or under this
Chapter shall be deemed to have committed such
offence and shall be punished with the same punishment
provided for such offence. Court competent to
try offences. 68. No court inferior to that of
a Court of Session shall try any offence under
this Act. Offences to be cognizable. 69. Notwithstanding
anything contained in the Code of Criminal Procedure
1973 every offence punishable under this Act shall
be cognizable.
CHAPTER
XVI
TRANSIENT
PROVISIONS RELATING TO CERTAIN AUTHORITIES ESTABLISHED
UNDER THE TELCOM REGULATORY AUTHORITY OF INDIA
ACT 1997
TChairperson and Memebers of the Telcom Regulatory
Authority of India to be Chairperson and Members
of the Commission. 70 . Notwithstanding anythign
contained in Chapter III , with effect from the
date of the notification establishing the Commission
under sub-section(1) of section 6. (a) The Chaiperson
and Members of the Telcom Regulatory Authority
of India established under sub-section(1) of section
3 of the Telcom Regulatory Authority of India
Act 1997 shall be deemed to be appointed as the
Chairperson and Members of the Commission as the
case may be on the same terms and conditions subject
to which they were so appointed under that Act;
(b) The term of office of the Chairperson and
the Members who are deemed to be appointed to
the Commission virtue of the clause (a) shall
be deemed to have commenced from the date on which
such Chairperson or a Member Although it was
decided at the GOT-IT meeting that clause 70 and
71 of Chapter 16 be omitted, on a reconsideration
it is felt that the transient provision is important
and the decision has to be taken as to whether
the existing memebers of TRAI and Telcom Dispute
Appellate Tribunal should be absorbed in Communications
Commission of India and it's Appellate Tribunal
; if the Bill goes to the website with such uncertainty
it would question the credibility of Government's
intention of putting a sound and long lasting
regulatory frame work. Having regard to the fact
that Amendment to the TRAI Act in January 2000
was pursuant to the recommendations of the sub-group
of GOT-IT itself and the changes in the composition
of TRAI and Telcom Dispute Redressal Tribunal
were pursuant to the recommendation of that sub-group
, it would be embarrassing to virually set these
amendment at naught within so short a period without
any cogent reason; Besides, during the somewhat
legnthy period that must necessarily ensured that
draft bill is being put on on the website and
with or without amendment being enacted into law,
not providing for any transient provisions would
lead to justifiable uncertainity in the minds
of the investors regarding continuity of the reforms
process and of continued validity of decision
already taken by TRAI Act.It is therefore strongly
recommended by the sub-group that the existing
provisions and clause 70 and 71 of the Bill may
be retained-it would facilitate a smoother transition
and take over. assumed office as such Chairperson
or Member of the Telcom Regulatory Authority of
India established under the Telcom Regulatory
Authority Act 1997. (c) The remaining vacancies
in the commission shall be filled by appointing
the other members in accordance with the provisions
of this act. (d) All proceedings pending before
the said authority shall be deemed to be pending
before the Commission and shall be disposed off
in accordance with the provisions of this act.
Chairperson amd Members of the Telecom Disputes
Settlement and Appellate Tribunal to be Chairperson
and Members of the Appellate Tribunal 71. Notwithstanding
anything contained in Chapter XI- (a) with effect
from the date of the notification establishing
the Communications Appellate Tribunal under sub-section
(1) of section 43, the Chairperson and Memebers
of the Telecom Disputes Settlement Appellate Tribunal
established under section 14 of the Telecom Regulatory
Authority of India Act 1997 and holding, office
immediately before the commencement of this Act
shall be deemed to be appointed as the Chairperson
and the Memebers, respectively, of the Communications
Appellate Tribunal on the same terms and conditions
on which they were appointed under the Telecom
Regulatory Authority of India Act 1997: (b) the
term of office, of the chairperson or a Memeber
deemed to be appointed as the Chairperson or a
Member of the Communications Appellate Tribunal
under clause (a) shall be deemed to have commenced
from the date on which they entered upon their
office such Chairperson or a Member of the Telecom
Disputes Settlement and Appellate Tribunal established
under the Telecom Regulatory Authority Act 1997.
(c) as soon after the commencement of this Act
the Central Government shall fill up the remaining
vacancies in the Appellate Tribunal by appointing
other Members in accordance with the provisions
of this Act. (d) all proceedings pending before
the Telecom Disputes Settlement and Appellate
Tribunal established under the Telecom Regulatory,
Authority, of India Act. 1997 shall stand transferred
to the Appellate Tribunal established under this
Act which shall hear and dispose of from the stage
at which such proceedings were pending before
the first mentioned Tribunal in accordance with
the provisions of this Act. (e) all appeals pending
before any High Court immediately before the commencement
of this Act which stood transferred to Telecom
Disputes Settlement and Appellate Tribunal under
section 14N of the Telecom Regulatory Authority
of India Act, 1997 shall stand transferred to
the Appellate Tribunal established uder this Act.
(f) where any appeal has stood transferred from
the High Court to the Appellate Tribunal- (i)
the High Court shall, as soon as may be after
such transfer, forward the records of such appeals
to the Appellate Tribunal; and (ii) 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 transfer
or from any earlier stage or de novo as the Appellate
Tribunal may consider proper and appropriate.
CHAPTER XVII MISCELLANEOUS Taking over control
and management of Communication Service or network
infrastructure facility in public interest. 72.
(1) In the event of war or any calamity of national
magnitude, the Central Government may by notification
for a limited period, in public interest, take
over the control and management of any communication
service or any network infrastructure facility
connected therewith, suspend its operation or
entrust any agency of that Government to manage
it in the manner directed by the Government for
such period as provided for in the notification
(2) If it appears necessary or expedient to do
so, the Central Government may, in public interest,
at any time request the Commission to direct any
licensee to- (a) transmit in its broadcasting
service specific announcements, in such a manner
as may be considered necessary; (b) stop any
broadcasting service which is prejudicial to sovereignity
or integrity of India, security of the State,
friendly relations with foreign States, or to
public order, decency or morality, or communal
harmony. (3) On the issue of such directions
by the Commission it shall be the duty of the
licensee to ensure strict observance of such
directions. Obligations of licensees. 73. (1)Every
licensee shall.- (a) commence operation of his
service within such period as may be specified
by the Commission (b) maintain such documentary
records and transmission schedules as may be specified
by the regulations; (c) allow inspection of such
facilities and such documentary records and transmission
schedules as may be specified by the Commission
or by any person authorised by the Commission.
(2) The Commission may call for any information
from the licensee including information necessary
for ensuring transparency or for ascertaining
the true ownership of the license or licensee.
(3) The Commission or any officer authorised by
the Commission shall have power to inspect and
obtain information, wherever necessary, from programme
producers, distributors and advertising agents.
(4) For effective enforcement of the terms and
conditions of licenses, the Commission or any
officer authorized by the Commission for that
purpose, shall have all the powers of an inspecting
officer as provided under Section 209A of the
Companies Act, 1956. (5) It shall be the duty
of every licensee to carry out the directions
of the Commission given under this section.
Offences by companies 74. (1) Where a person committing
a contravention of any of the provisions of this
Act or of any rule, regulation direction or order
made thereunder is a company, every person who,
at the time the contravention was committed, was
in charge of, and was responsible to, the company
for the conduct of business of the company as
well as the company, shall be guilty of the contravention
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 punishment if he proves that the contravention
took place without his knowledge or that he exercised
all due diligence to prevent such contravention.
(2)Notwithstanding anything contained in sub-section
(1), where a contravention of any of the provisions
of this Act or of any rule, regulation, direction
or order made thereunder has been committed by
a company and it is proved that the contravention
has taken place 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 contravention and shall be
liable to be proceeded against and punished accordingly.
Explanation - For the purposes of this section,
- (i)"company" means any body corporate and includes
a firm or other association of individuals; and
(ii)"director", in relation to a firm, means a
partner in the firm.
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