- THE TELECOM REGULATORY AUTHORITY OF INDIA (AMENDMENT) ORDINANCE,2000
- Amendment of long title
- Amendment of section 2
- Amendment of section 3
- Amendment 6 of section 5
- Amendmentof section 7
- Amendment of section 11
- Amendment of section 13
- CHAPTER IV APPELLATE TRIBUNAL
- Amendment of section 23
- Amendment of section 35
- Amendment of section 36
REGISTERED No. DL-33004/2000
No. 3] NEW DELHI, MONDAY, JANUARY 24, 2000 / MAGHA 4, 1921
Separate paging is given to this Part in order that it may be filed as a separate compilation.
(Legislative Department)
New Delhi, the 24th January, 2000/ Magha 4, 1921 (Saka)
THE TELECOM REGULATORY AUTHORITY OF INDIA (AMENDMENT) ORDINANCE,2000
Promulgated by the President in the Fiftieth Year of the Republic of India.
An Ordinance to amend the Telecom Regulatory Authority of India Act, 1997.
WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action.
NOW, THEREFORE in exercise of the powers conferred by clause (1) of article 123 of the Constitution. The President is pleased to promulgate the following Ordinance:
(1) This Ordinance may be called the Telecom Regulatory Authority of India (Amendment),Ordinance,2000 Short title and
Commencement.
(2) It shall come into force at once.
Amendment 2. In the Telecom Regulatory Authority of India Act, 1997 (hereinafter refered to as
of long title the Principal Act,) in the long title for the words “Telecom Regulatory Authority of India to regulate the telecommunication services”, the words “Telecom Regulatory Autority of India and the Telecom Disputes Settlement and Apellate Tribunal to
24 of 1997.
regulate the telecommunication services,adjudicate disputes,dispose of appeals and to protect the interests of service providers and consumers of the telecom sector, to promote and ensure orderly growth of the telecom sector” shall be substituted.
Amendment of section 2
13 of 1885.
Amendment of section 3
Substituter of New section For section
4. Qualifications for appointment of Chairperson and other
3. In section 2 of the principal Act, (ea) “licensor “means the Central Government or the telegraph authority who grants a license under section 4 of the Indian Telegraph Act, 1885.
(c)in clause (f), for the word “Government “,the words “Government as a service provider “ shall be substituted.
(d) in clause (k), the following provision shall be inserted, namely:
“Provided that the Central Government may notify other service to be telecommunication service including broadcasting services.”
4. In section 3 of the principal Act, for sub-section (3) the following sub-section shall be substituted namely:
(a) The Authority shall consist of a Chairperson, and not more than two whole time members and not more than two-part time members, to be appointed by the Central Government.”
5. The section 4 of the principal Act the following section shall be substituted namely:
“4. The Chairperson and other members of the Authority shall be appointed by the Central - Government from amongst persons who have special knowledge of, and professional experience in telecommunication, industry, finance, accountancy, law,management or consumer affairs: Provided that a person who is, or has been , in the service of Government shall not be appointed as a member unless such person has held the post of Secretary or Additional Secretary, or the post of Additional Secretary and Secretary to the Government of India or any equivalent post in the Central Government or the State Government for a period of not less than three years.”
Amendment 6. In section 5 of the principal Act-
of sector 5.
a. for sub-sections (2) and (3) the following shall be substituted “(6A) The part-time members shall receive such allowances as may be prescribed.”
(d)in sub -section (7) , the words , brackets and figure “or sub-section (3)” shall be ommitted.
e. in sub-section (8)
(i)in clause (b) for the words “two years”, the words “one year” shall be substituted:
(ii)after clause (b), the following provision shall be inserted, namely:
“Provided that nothing contained in this sub-section shall apply to the Chairperson or a member who has ceased to hold office under sub-section (3) and such Chairperson or member shall be eligible for re-appointment in the Authority or appointment in the
Appellate Tribunal.”
Amendment 7.In section 7 of the principal Act, for sub-sections(2) and (3) ,the following subsection shall be substituted, namely:
of section Amendment of section 11.
“(2) No such member shall be removed from his office under clause (d) or clause
(e) of sub-section (1) unless he has been given a reasonable opportunity of being heard in the matter”.
8. In section 10 of the principal Act, in sub-section (2)-Amendment
of section 10.
(a)for the words “determined by regulations “,the word “prescribed” shall be substituted:
a. after sub-section (2), the following provision shall be inserted namely:
“Provided that any regulation, in respect of the salary and allowance payable to and other conditions of service of the officers and other employees of the Authority, made before the commencement of the Telecom Regulatory Authority (Amendment) Ordinance 2000,shall cease to have effect immediately on the notification of rules made under clause (ca) of sub-section (2) of section 35.”
9.In section 11 of the principal Act-
a. for sub-section (1), the following sub-section shall be substituted,namely:
(1)Notwithstanding anything contained in the Indian Telegraph Act,1885,the functions of the Authority shall be to-13 of 1885
(a)make recommendations, either suo motu or on a request from the licensor, on the following matters, namely: (iii) revocation of license for non-compliance of terms and conditions of license: (vii) measures for the development of telecommunication technology and any other matter relatable to telecommunication industry in general;
(viii) efficient management of available spectrum; (iii) ensure technical compatibility and effective inter-connection between different service providers. providers and ensure the quality of service and conduct the periodical survey of such service provided by the service providers so as to protect interest of the consumers of
telecommunication services;
(vi) lay down and ensure the time period for providing local and long distance circuits of telecommunication between different service providers;
(vii) maintain register of interconnect agreements and of all such other matters as may be provided in the regulations;
(viii) keep register maintained under clause (viii) open for inspection to any member of public on payment of such fee and compliance of such other requirement as may be provided in the regulations; Provided that the recommendations of the Authority specified in the clause (a) of this sub-section shall not be binding upon the Central Government:
Provided further that the Central Government shall seek the recommendations of the Authority in respect of matters specified in sub-clauses (i) and (ii) of clause (a) of this sub-section in respect of new licence to be issued to a service provider and the Authority shall forward its recommendations within a period of sixty days from the date on which that Government sought the recommendations: Provided also that the Authority may request the Central Government to furnish such information or documents as may be necessary for the purpose of making recommendations under sub-clauses (i) and (ii) of clause (a) of this sub-section and that Government shall supply such information within a period of seven days from receipt of such request:
Provided also that the Central Government may issue a licence to a service provider if no recommendations are received from the Authority within the period of specified in the second provision or within such period as may be mutually agreed upon between the Central Government and the Authority.
Provided also that if the Central Government having considered that recommendation of the Authority comes to a prima facie conclusion that such recommendation cannnot be accepted or needs modifications, it shall, refer the recommendations back to the Authority for its reconsideration, and the Authority may within fifteen days from the date of receipt of such reference, forward to the Central Government its recommendation after considering the reference made by the Government. After receipt of further recommendation, if any, the Central Government shall take a final decision.
(b) In sub-section (3), for the words, brackets and figure “under sub-section (1) “the words, brackets and figures under sub-section (1) or sub-section (2) “shall be substituted.
Amendment 10. In section-13 of the principal Act, the following provision shall be inserted namely of section13
“Provided that no direction under sub-section (4) of section 12 or under this section shall be issued except on the matter specified in clause (b) of sub-section (1) of section 11.”
Substitution 11. For Chapter IV of the principal Act the following Chapter shall be substituted,
of new namely-
Chapter for
Chapter IV
CHAPTER IV
APPELLATE TRIBUNAL
Establishment 14. The Central Government shall, by notification, establish an Appellate Tribunal to be of Appellate known as the Telecom Disputes Settlement and Appellate Tribunal to Tribunal 54 of 1969
16 of 1986
13 of 1885
Application for settlement of disputes and appeals to Appellate
(iii) between a service provider and a group of consumers:
Provided that nothing in this clause shall apply in respect of matters relating to Composition of Appellate Tribunal
Amendment of Section
of receipt of application or appeal as the case may be.
Provided that where any such application or appeal could not be disposed of within the said period of ninety days, the Appellate Tribunal shall record its reasons in writing for not disposing of the application or appeal within the said period.
(7) The Appellate Tribunal may, for the purpose of examining the legality or propriety or correctness of any dispute made in any application under sub-section (1), or of any direction or order or decision of the Authority referred to in the appeal preferred under sub-section (2), on its own motion or otherwise, call for the records relevant to disposing of such applications or appeal and make such orders as it thinks fit.
14 B (1) The Appellate Tribunal shall consist of a Chairperson and not more than two Members to be appointed, by notification, by the Central Government. (4). Notwithstanding anything contained in sub-section (2), the Chairperson of the Appellate Tribunal may transfer a Member of such Tribunal from one Bench to another Bench.
(5). If at any stage of the hearing of any case or matter, it appears to the Chairperson or a Member of the Appellate Tribunal that the case or matter is of such a nature that it ought to be heard by a Bench consisting of two Members, the case or matter may be transferred by the Chairperson to such Bench as the Chairperson may deem fit.
12. In section 23 of the Prinipal Act, after sub-section (2), the following explanation shall be inserted, namely:
“Explanation - For the removal or doubts, it is hereby declared that the decisions of the Authority taken in discharge of its function under clause (b) of sub-section (1) and subsection (2) of section 11 and section 13, being matters appealable to the Appellate Tribunal, shall not be subject to audit under this section”.
Amendment 13. In section 35 of the Principal Act of Section 35
(d) after clause (a), the following clause shall be inserted, namely:
(aa) the allowances payable to the part time members under sub-section (6A) of section
5: “(da) the form , the manner of its verification and the fee under sub-section (3) of section 14A;
(db) the salary and allowances payable to and other terms and conditions of service of the Chairperson and other Members of the Appellate Tribunal under section 14E;
(dc) the salary and allowances and other conditions of service of the officers and employees of the Appellate Tribunal under sub-section (3) of section 14H;
The Gazette of India
EXTRAORDINARY PART II – Section 1 PUBLISHED BY AUTHORITY
MINISTRY OF LAW AND JUSTICE
No. 2 OF 2000