THE TELECOMMUNICATIONS ACT, 2023 
__________ 

ARRANGEMENT OF SECTIONS 
_________ 

CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 

CHAPTER II 

POWERS OF AUTHORISATION AND ASSIGNMENT 

3.  Authorisation. 
4.  Assignment of spectrum. 
5.  Re-farming and harmonisation. 
6.  Technologically neutral use of spectrum. 
7.  Optimal utilisation of spectrum. 
8.  Establishment of monitoring and enforcement mechanism. 
9.  No refund of fees. 

CHAPTER III 

RIGHT OF WAY FOR TELECOMMUNICATION NETWORK 

10.  Definition of terms used in this Chapter. 
11.  Right of way for telecommunication network in public property. 
12.  Right of way for telecommunication network on property not covered under section 11. 
13.  Non-discriminatory and non- exclusive grant of right of way. 
14.  Telecommunication network distinct from property on which it is installed. 
15.  Power of Central Government to establish common ducts and cable corridors. 
16.  Removal, relocation or alteration of telecommunication network. 
17.  Notice to facility provider. 
18.  Dispute resolution relating to this Chapter. 

CHAPTER IV 

STANDARDS, PUBLIC SAFETY, NATIONAL SECURITY AND PROTECTION OF TELECOMMUNICATION 
NETWORKS 

19.  Power to notify standards. 
20.  Provisions for public emergency or public safety. 
21.  Measures for national security, etc. 
22.  Protection of telecommunication network and telecommunication services. 
23.  Power to give directions. 

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CHAPTER V 

DIGITAL BHARAT NIDHI 

SECTIONS 

24.  Establishment of Digital Bharat Nidhi. 
25.  Crediting of sum to Consolidated Fund of India. 
26.  Administration of Digital Bharat Nidhi. 

CHAPTER VI 

INNOVATION AND TECHNOLOGY DEVELOPMENT 

27.  Regulatory sandbox. 

CHAPTER VII 

PROTECTION OF USERS 

28.  Measures for users. 
29.  Duty of users. 
30.  Dispute resolution mechanism to redress user grievances. 

CHAPTER VIII 

ADJUDICATION OF CERTAIN CONTRAVENTIONS 

31.  Definitions of terms used in this Chapter. 
32.  Breach of terms and conditions of authorisation or assignment. 
33.  Contraventions of Act. 
34.  Voluntary undertaking for contraventions. 
35.  Adjudicating Officer. 
36.  Designated Appeals Committee. 
37.  Process to be followed by Adjudicating Officer and Designated Appeals Committee. 
38.  Enforcement. 
39.  Appeals on matters relating to section 32. 
40.  Appeals on matters relating to section 33. 
41.  Jurisdiction of civil court barred. 

CHAPTER IX 

OFFENCES 

42.  General provisions relating to offences. 
43.  Power to search. 
44.  Supply of information to authorised officers. 

CHAPTER X 

MISCELLANEOUS 

45.  Creation of security interests. 
46.  Certification of person for operation of radio equipment on a vessel or aircraft. 
47.  Certification for amateur station operator. 
48.  Prohibition of use of equipment which blocks telecommunication. 

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SECTIONS 

49.  Penalties not to affect other liabilities. 
50.  Act to apply for offence or contravention committed outside India. 
51.  Protection of action taken in good faith. 
52.  Consistency with other laws. 
53.  Implementation of Act. 
54.  Employee of authorised entity not to be compelled to appear as witness. 
55.  Rights in Continental Shelf and Exclusive Economic Zone. 
56.  Power of Central Government to make rules. 
57.  Power of Central Government to amend Schedules. 
58.  Power to remove difficulties. 
59.  Amendment to Act 24 of 1997. 

CHAPTER XI 

REPEAL AND SAVINGS 

60.  Repeal of certain Acts and savings. 
61.  Existing rules to continue. 
62.  Validation of certain acts and indemnity. 

THE FIRST SCHEDULE 
THE SECOND SCHEDULE 

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THE TELECOMMUNICATIONS ACT, 2023 

ACT NO. 44 OF 2023 

An Act to amend and consolidate the law relating to development, expansion and operation 
of  telecommunication  services  and  telecommunication  networks;  assignment  of  spectrum;  and 
for matters connected therewith or incidental thereto. 

BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:— 

[24th December, 2023.] 

1.  Short  title,  extent  and  commencement.—(1)  This  Act  may  be  called  the  Telecommunications 

CHAPTER I 

PRELIMINARY 

Act, 2023. 

(2) It extends to,— 

(i) the whole of India; and 

(ii) to any offence committed or contravention made outside India by any person, as provided in 

this Act. 

(3)  It  shall  come  into  force  on  such  date1 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. 

2.  Definitions.—In this Act, unless the context otherwise requires,— 

(a)  “appointed  day”  means  such  date  as  the  Central  Government  may,  by  notification  appoint 

under sub-section (3) of section 1; 

(b)  “assignment”  of  a  radio  frequency  or  radio  frequency  channel  means  the  permission  for  a 

radio station to use a radio frequency or radio frequency channel under specified conditions; 

(c)  “assignee”  means  a  person  holding  an  assignment  of  a  radio  frequency  or  radio  frequency 

channel under section 4; 

(d) “authorisation” means a permission, by whatever name called, granted under this Act for— 

(i) providing telecommunication services; 

(ii) establishing, operating, maintaining or expanding telecommunication networks; or 

(iii) possessing radio equipment; 

(e) “authorised entity” means a person holding an authorisation under section 3; 

(f) “critical telecommunication infrastructure” means telecommunication networks notified under 

sub-section (3) of section 22; 

(g) “message” means any sign, signal, writing, text, image, sound, video, data stream, intelligence 

or information sent through telecommunication; 

1. 26th June, 2024.--Sections 1,2,10 to 30, 42 to 44, 46, 47, 50 to 58, 61 and 62, vide Notification NO. S. O. 2408 (E), dated 26th June, 2024,            

see Gazette of India, Extraordinary, Part II, sec. 3 (ii). 

2.  5th  July,  2024.--Sections  6  to  8,  48  and  59(b),  vide  Notification  No.  S.O.  2623(E),  dated  the  5th  July,  2024,  see  Gazette  of  India, 

Extraordinary, Part II, sec. 3(ii). 

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(h)  “National  Frequency  Allocation  Plan”  means  guidelines  issued  from  time  to  time  by  the 

Central Government for the use of the spectrum; 

(i)  “notification”  means  a  notification  published  in  the  Official  Gazette  and  the  expression 

“notified” shall be construed accordingly; 

(j)  “person”  shall  include  an  individual,  any  company  or  association  or  body  of  individuals, 

whether incorporated or not, by whatsoever name called or referred to; 

(k) “prescribed” means prescribed by rules made under this Act; 

(l)  “radio  equipment”  means  telecommunication  equipment  used  or  capable  of  use  for 

telecommunication by means of Hertzian or radio waves; 

(m) “radio waves” means electro-magnetic waves of frequencies propagated in space without any 

artificial guide; 

(n) “Schedule” means a schedule to this Act; 

(o) “spectrum” means the range of frequencies of Hertzian or radio waves; 

(p)  “telecommunication”  means  transmission,  emission  or  reception  of  any  messages,  by  wire, 
radio, optical or other electro-magnetic systems, whether or not such messages have been subjected to 
rearrangement,  computation  or  other  processes  by  any  means  in  the  course  of  their  transmission, 
emission or reception; 

(q)  “telecommunication  equipment”  means  any  equipment,  appliance,  instrument,  device,  radio 
station,  radio  equipment,  material,  apparatus,  or  user  equipment,  that  may  be  or  is  being  used  for 
telecommunication,  including  software  and  intelligence  integral  to  such  telecommunication 
equipment; and excludes such equipment as may be notified by the Central Government; 

(r)  “telecommunication  identifier”  means  a  series  of  digits,  characters  and  symbols,  or  a 
telecommunication  service,  a 
telecommunication 

identify  uniquely  a  user,  a 

combination 
telecommunication  network,  elements  of  a 
equipment, or an authorised entity; 

telecommunication  network, 

thereof,  used 

to 

(s)  “telecommunication  network”  means  a  system  or  series  of  systems  of  telecommunication 
equipment  or  infrastructure,  including  terrestrial  or  satellite  networks  or  submarine  networks,  or  a 
combination of such networks, used or intended to be used for providing telecommunication services, 
but does not include such telecommunication equipment as notified by the Central Government; 

(t) “telecommunication service” means any service for telecommunication; 

(u) “user” means a natural or legal person using or requesting a telecommunication service, but 

does not include person providing such telecommunication service or telecommunication network. 

CHAPTER II 

POWERS OF AUTHORISATION AND ASSIGNMENT 

3. Authorisation.—(1) Any person intending to— 

(a) provide telecommunication services; 

(b) establish, operate, maintain or expand telecommunication network; or 

(c) possess radio equipment, 

shall  obtain  an  authorisation  from  the  Central  Government,  subject  to  such  terms  and  conditions, 
including fees or charges, as may be prescribed. 

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(2)  The  Central  Government  may  while  making  rules  under  sub-section  (1)  provide  for  different 
telecommunication  services, 
for  different 

types  of 

terms  and  conditions  of  authorisation 
telecommunication network or radio equipment. 

(3) The Central Government, if it determines that it is necessary in the public interest so to do, may 
provide exemption from the requirement of authorisation under sub-section (1), in such manner as may be 
prescribed. 

(4)  Any  exemption  granted  prior 

to 

the  appointed  day  under 

the 

Indian  Telegraph                             

Act, 1885 (13 of 1885) or the Indian Wireless Telegraphy Act, 1933 (17 of 1933) shall continue under 
this Act, unless otherwise notified by the Central Government. 

(5)  Any  authorised  entity  may  undertake  any  merger,  demerger  or  acquisition,  or  other  forms  of 
restructuring,  subject  to  any  law  for  the  time  being  in  force  and  any  authorised  entity  that  emerges 
pursuant  to  such  process,  shall  comply  with  the  terms  and  conditions,  including  fees  and  charges, 
applicable to the original authorised entity, and such other terms and conditions, as may be prescribed. 

(6) A licence, registration, permission, by whatever name called, granted prior to the appointed day 

the  Indian  Telegraph  Act,  1885  (13  of  1885)  or 

under 
Act,  1933  (17  of  1933),  in  respect  of  provision  of  telecommunication  services  or  telecommunication 
network— 

the  Indian  Wireless  Telegraphy                           

(a)  where  a  definite  validity  period  is  given,  shall  be  entitled  to  continue  to  operate  under  the 
terms  and  conditions  and  for  the  duration  as  specified  under  such  licence  or  registration  or 
permission,  or  to  migrate  to  such  terms  and  conditions  of  the  relevant  authorisation,  as  may  be 
prescribed; or 

(b)  where  a  definite  validity  period  is  not  given,  shall  be  entitled  to continue  to  operate  on the 
terms and conditions of such licence or registration or permission for a period of five years from the 
appointed  day,  or  to  migrate  to  such  terms  and  conditions  of  the  relevant  authorisation,  as  may  be 
prescribed. 

(7) Any authorised entity which provides such telecommunication services as may be notified by the 
Central Government, shall identify the person to whom it provides telecommunication services through 
use of any verifiable biometric based identification as may be prescribed. 

(8) The Central Government may, subject to such terms and conditions, including fees or charges as 

may be prescribed, allot telecommunication identifiers for use by authorised entities. 

(9) The Central Government may allow use of telecommunication identifiers allotted by international 

bodies which are recognised by the Central Government from time to time. 

4.    Assignment  of  spectrum.—(1)  The  Central  Government,  being  the  owner  of  the  spectrum  on 
behalf  of the  people,  shall  assign  the  spectrum  in  accordance  with  this  Act,  and  may  notify  a  National 
Frequency Allocation Plan from time to time. 

(2) Any person intending to use spectrum shall require an assignment from the Central Government. 

(3) The Central Government may prescribe such terms and conditions as may be applicable, for such 
assignment of spectrum, including the frequency range, methodology for pricing, price, fees and charges, 
payment mechanism, duration and procedure for the same. 

(4) The Central Government shall assign spectrum for telecommunication through auction except for 

entries listed in the First Schedule for which assignment shall be done by administrative process. 

Explanation.—For the purposes of this sub-section,— 

(a) “administrative process” means assignment of spectrum without holding an auction; 

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(b) “auction” means a bid process for assignment of spectrum. 

(5)  (a)  The  Central  Government  may,  by  notification,  amend  the  First  Schedule  for  assignment  of 

spectrum— 

(i) in order to serve public interest; or 

(ii) in order to perform government function; or 

(iii)  in  cases  where  auction  of  spectrum  is  not  the  preferred  mode  of  assignment  due  to 

technical or economic reasons. 

(b) The notification referred to in clause (a) shall be laid before each House of Parliament. 

(6) The Central Government, if it determines that it is necessary in the public interest so to do, may 

exempt,— 

(a)  from  the  requirement  of  assignment  under  sub-section  (2),  in  such  manner  as  may  be 

prescribed; and 

(b)  by  notification,  specific  usages  within  specified  frequencies  and  parameters,  from  the 

requirements of sub-section (2). 

(7)  Any  exemption  with  respect  to  use  of  spectrum  granted  under  the  Indian  Telegraph                    

Act, 1885 (13 of 1885) and the Indian Wireless Telegraphy Act, 1933 (17 of 1933) prior to the appointed 
day, shall continue under this Act, unless otherwise notified by the Central Government. 

(8)  Any  spectrum  assigned  through  the  administrative  process  prior  to  the  appointed  day,  shall 
continue to be valid on the terms and conditions on which it had been assigned, for a period of five years 
from the appointed day, or the date of expiry of such assignment, whichever is earlier. 

(9) Any spectrum assigned through auction prior to the appointed day, shall  continue to be valid on 

the terms and conditions on which it had been assigned. 

5. Re-farming and harmonisation.—The Central Government may, to enable more efficient use of 
spectrum, re-farm or harmonise any frequency range assigned under section 4, subject to such terms and 
conditions, as may be prescribed. 

Explanation.—For the purposes of this section,— 

(a) “harmonisation” means rearrangement of a frequency range; 

(b) “re-farming” means repurposing of a frequency range for a different use, other than that for 

which it is used by an existing assignee. 

6.  Technologically neutral use of spectrum.—The Central Government may enable the utilisation 
of  the  spectrum  in  a  flexible,  liberalised and  technologically  neutral  manner, subject  to  such  terms  and 
conditions, including applicable fees and charges, as may be prescribed. 

7. Optimal utilisation of spectrum.—(1) The Central Government may, to promote optimal use of 
the available spectrum, assign a particular part of a spectrum that has already been assigned to an entity, 
known  as  the  primary  assignee,  to  one  or  more  additional  entities,  known  as  the  secondary  assignees, 
where such secondary assignment does not cause harmful interference in the use of the relevant part of 
the spectrum by the primary assignee, subject to such terms and conditions as may be prescribed. 

(2) The Central Government may, notwithstanding anything contained in any other law for the time 
being  in  force,  after  providing  a  reasonable  opportunity  of  being  heard  to  the  assignee  concerned, 
determines that any assigned spectrum has remained unutilised for insufficient reasons for such period as 
may  be  prescribed,  terminate  such  assignment,  or  a part of  such  assignment,  or  prescribe further  terms 
and conditions relating to spectrum utilisation. 

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8. Establishment of monitoring and enforcement mechanism.—(1) The Central Government may 
establish  by  notification,  such  monitoring  and  enforcement  mechanism  as  it  may  deem  fit  to  ensure 
adherence to terms and conditions of spectrum utilisation and enable interference-free use of the assigned 
spectrum. 

(2)  The  Central  Government  may  permit  the  sharing,  trading,  leasing  and  surrender  of  assigned 
spectrum, subject to the terms and conditions, including applicable fees or charges, as may be prescribed. 

9. No refund of fees.—No person shall be entitled to the refund of any fees or charges paid in respect 
of or under an authorisation or assignment granted under this Act, if such authorisation or assignment is 
suspended, curtailed, revoked or varied. 

CHAPTER III 

RIGHT OF WAY FOR TELECOMMUNICATION NETWORK 

10. Definition of terms used in this Chapter.—For the purpose of this Chapter,— 

(a)  “facility  provider”  means  the  Central  Government  or  any  authorised  entity,  including  any 
contractor  or  sub-contractor  or  agent  working  for the  Central  Government  or authorised  entity,  and 
shall include their successor or assignee; 

(b) “public entity” means,— 

(i) the Central Government; 

(ii) the State Government; 

(iii) local authority; 

(iv)  any  authority,  body,  company  or  institution  incorporated  or  established  by  the  Central 

Government or the State Government, or under any statute; or 

(v)  any  non-government  entity  vested  with  the  ownership,  control  or  management  of  any 

public facility or class of public facilities, as may be notified by the Central Government; 

(c)  “public  property”  means  any  property,  whether  movable  or  immovable  including  any 
machinery, which is owned by, or  in the possession of, or under the control or management of any 
public entity. 

11.  Right of way for telecommunication network in public property.—(1) Any facility provider 
may submit an application to a public entity under whose ownership, control or management, the public 
property  is  vested,  to  seek  permissions  for  right  of  way  for  telecommunication  network  under,  over, 
along, across, in or upon such public property. 

(2) On receipt of an application from a facility provider under sub-section (1), the public entity shall, 

subject  to  the  provisions  of  sub-section  (4),  grant  permission  for  all  or  any  of  the  following  acts,                 
namely:— 

(a)  survey  such  property  for  the  purpose  of  assessing  the  feasibility  for  establishing 

telecommunication network; or 

(b) enter the property from time to time to establish, operate, maintain, repair, replace, augment, 

remove or relocate any telecommunication network. 

(3) The public entity shall grant permission under sub-section (2) in an expeditious manner and within 
such timelines as may be prescribed, and subject to such administrative expenses and compensation for 
right of way, which shall not exceed such amount as may be prescribed. 

(4) Any rejection of an application under sub-section (1) shall be based on reasonable grounds to be 

recorded in writing. 

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(5) The facility provider shall do as little damage as possible to the public property, and ensure that 
the functionality and continuity of operations over such public property is not adversely affected, while 
undertaking any of the activities for which permission has been granted under sub-section (2). 

(6)  If  any  damage  is  caused  to  the  property,  the  facility  provider  shall,  at  the  option  of  the  public 

entity, either,— 

(a) restore such property to its state as existed prior to the undertaking of such activities; or 

(b) pay compensation for such damage as may be mutually agreed. 

(7) The provisions of this section shall be applicable to any public property vested for such projects or 

class  of  projects  as  notified  by  the  Central  Government,  in  respect  of  which,  applications  under                       
sub-section (1) shall be made to the public entity granting the concession, contract or permission for such 
projects. 

12. 

  Right  of  way  for  telecommunication  network  on  property  not  covered  under                          

section 11.—(1) Any facility provider may submit an application to the person under whose ownership, 
control  or  management  of  property  not  covered  under  section  11  is  vested,  to  seek  right  of  way  for 
telecommunication network under, over, along, across, in or upon such property. 

(2)  On  receipt  of  an  application  from  a  facility  provider,  the  person  receiving  the  application  may 

enter into an agreement, specifying consideration as mutually agreed, for— 

(a) undertaking surveys as may be required by the facility provider for the purpose of assessing 

the feasibility for establishing telecommunication network; or 

(b) establishing, operating, maintaining, repairing, replacing, augmenting, removing or relocating 

any telecommunication network by the facility provider. 

(3) The facility provider shall do as little damage as possible to the property when undertaking any of 

the activities for which permission has been granted under sub-section (2). 

(4) In case of any damage to the property, the facility provider shall restore such property to its state 
as existed prior to the undertaking of such activities, failing which the person granting permission under 
sub-section (2), shall be entitled to compensation as may be mutually agreed, for any such damage. 

(5)  The  Central  Government  may  by  rules  provide  for  the  procedure  to  be  followed  by  a  facility 
provider to enter, survey, establish, operate, maintain, repair, replace or relocate the telecommunication 
network,  including  the  notice  period,  the  manner  of  issuance  of  notice,  the  framework  governing 
objections by owner or occupier of the property, the manner in which such objections would be resolved, 
and matters relating to the compensation payable for any damage. 

(6)  If  the  person  under  sub-section  (2)  fails  to  provide  the  right  of  way  requested,  and  the  Central 
Government  determines  that  it  is  necessary  so  to  do  in  the  public  interest,  it  may,  either  by  itself  or 
through any other authority designated by the Central Government for this purpose, determine that such 
to  establish,  operate,  maintain  such 
the  right  of  way 
facility  provider  shall  be  permitted 
telecommunication network, subject to such terms and conditions, including charges for the right of way, 
and compensation for damage to the property, if any, to be payable to such person as may be prescribed. 

13. Non- discriminatory and non- exclusive grant of right of way.—Any person providing right of 
way  under  section  11  or  section  12,  shall  ensure  grant  of  right  of  way  to  the  facility  providers  in  a          
non-discriminatory manner and, as far as practicable, on a non-exclusive basis. 

14. Telecommunication network distinct from property on which it is installed.—(1) A facility 
provider shall not have any right, title or interest in the property on which telecommunication network is 
established, except the right to use the property as provided under section 11 or section 12. 

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(2)  The  telecommunication  network  installed  on  any  property,  shall  not  be  subject  to  any  claims, 

encumbrances, liquidation or the like, relating to such property. 

(3) The telecommunication network installed on any property, shall not be considered as part of such 
property, including for the purposes of any transaction related to that property, or any property tax, levy, 
cess, fees or duties as may be applicable on that property. 

(4) Notwithstanding anything contained in any other law for the time being in force, no public entity, 
except  with  the  permission  of  an  officer  authorised  by  the  Central  Government  for  this  purpose,  shall 
have the authority to take any coercive action, such as sealing, preventing access, or forcible shutdown of 
the  telecommunication  network  established  by  an  authorised  entity,  except  where  such  actions  may  be 
necessary to deal with any natural disaster or public emergency. 

15.    Power  of  Central  Government  to  establish  common  ducts  and  cable  corridors.—(1)  The 
Central Government may notify infrastructure projects or class of infrastructure projects, whether being 
developed by a public entity by itself, through a public private partnership or by any other person, that 
may  require  establishment  of  common  ducts  or  conduits  or  cable  corridors,  for  installation  of 
telecommunication network. 

(2)  The  telecommunication  network  referred  to  in  sub-section  (1)  shall  be  made  available  on  open 
access basis to facility providers, subject to such terms and conditions, including fees and charges, as may 
be prescribed. 

16.    Removal,  relocation  or  alteration  of  telecommunication  network.—(1)  Where,  under               

section 11 or section 12, telecommunication network has been placed by the facility provider, under, over, 
along, across, in or upon any property, and any person entitled to do so desires to deal with that property 
in such a manner so as to render it necessary or convenient that the telecommunication network should be 
removed  or  relocated  to  another  part  thereof  or  to  a  higher  or  lower  level  or  altered  in  form,  he  may 
require the facility provider to remove, relocate or alter the telecommunication network accordingly. 

(2)  If  compensation  has  been  paid  under  sub-section  (6)  of  section  11,  or  sub-section  (4)  of                

section  12,  such  person  shall,  when  making  the  requisition  under  sub-section  (1),  tender  to  the  facility 
provider the amount requisite to defray the expense of the removal, relocation or alteration on such terms 
as may be mutually agreed. 

(3) If any dispute arises under this Chapter, the matter shall be determined by the authority referred to 

in sub-section (2) of section 18. 

(4) If the facility provider omits to comply with the requisition, the person making such requisition, 
may  apply  to  the  District  Magistrate  within  whose  jurisdiction  the  property  is  situated,  to  order  the 
relocation or alteration. 

(5)  The  District  Magistrate  receiving  the  application  may,  at  its  discretion  and  for  reasons  to  be 
recorded  in  writing,  approve  or  reject  such  relocation  or  alteration,  subject  to  such  conditions  as  it 
determines fit, including the relocation of the telecommunication network to any other part of the property 
or to a higher or lower level or for the alteration of its form, and the order so made shall be final. 

17.  Notice  to  facility  provider.—(1)  Any  person  desiring  to  exercise  his  right  to  deal  with  his 
property  in  such  a  manner  as  is  likely  to  cause  damage  or  to  interrupt  or  interfere  with  the 
telecommunication network established under the provisions of this Act, or to interrupt or interfere with 
telecommunication  services,  shall  give  prior  notice  of  such  duration  and  in  such  manner,  as  may  be 
prescribed, to the facility provider, the Central Government or to any authority that may be notified by the 
Central Government. 

(2) The facility provider shall respond to such notice with details of such telecommunication network 

and precautionary measures to be undertaken, within such timelines as may be prescribed. 

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(3) Where a person referred to in sub-section (1) gives a notice of his exercise of the right relating to 
his property with the bona fide intention of averting imminent danger of personal injury to himself or any 
other person, such person shall be deemed to have complied with the provisions of the said sub-section. 

(4) Any person who fails to comply with the provisions of sub-section (1), or deals with any property 
in such a manner as is likely to cause, or causes, damage to any telecommunication network, or is likely 
to interrupt or interfere, or interrupts or interferes with telecommunication services, a District Magistrate 
may,  on  the  application  of  the  facility  provider,  order  such  person  to  abstain  from  dealing  with  such 
property in such manner for a period not exceeding one month from the date of his order and forthwith to 
take such action with regard to such property as may be in the opinion of the District Magistrate necessary 
to remedy or prevent such damage, interruption or interference during such period. 

(5) If any dispute arises relating to damages, the matter shall be determined by the authority referred 

to under sub-section (2) of section 18. 

18.    Dispute  resolution  relating  to  this  Chapter.—(1)  The  District  Magistrate,  or  any  other 
authority as notified by the Central Government, within whose jurisdiction the property is situated, shall 
have  the  exclusive  powers  to  resolve  any  disputes  under  this  Chapter,  except  for  disputes  referred  to 
under sub-section (2) of this section. 

(2) If any dispute arises relating to compensation under sub-section (6) of section 11, sub-section (2) 
and sub-section (4) of section 12, and sub-section (5) of section 17, it shall, on an application made for 
that purpose by either of the disputing parties to the District Judge within whose jurisdiction the property 
is situated, be determined by him. 

(3) Every determination of a dispute by a District Magistrate or District Judge under this section, shall 

be final. 

(4) Nothing in sub-section (3) shall affect the right of any person to recover by suit the whole or any 

part of any compensation paid by the facility provider, from the person who has received the same. 

CHAPTER IV 

STANDARDS, PUBLIC SAFETY, NATIONAL SECURITY AND PROTECTION OF TELECOMMUNICATION 
NETWORKS 

19.  Power  to  notify  standards.—The  Central  Government  may  notify  standards  and  conformity 

assessment measures in respect of— 

(a) 
network; 

telecommunication  equipment, 

telecommunication 

identifiers  and 

telecommunication 

(b)  telecommunication  services,  in  consonance  with  any  regulations  notified  by  the  Telecom 

Regulatory Authority of India from time to time; 

(c) manufacture, import, distribution and sale of telecommunication equipment; 

(d) telecommunication security,  including  identification,  analysis  and  prevention  of  intrusion  in 

telecommunication services and telecommunication networks; 

(e) cyber security for telecommunication services and telecommunication networks; and 

(f) encryption and data processing in telecommunication. 

20.    Provisions  for  public  emergency  or  public  safety.—(1)  On  the  occurrence  of  any  public 
emergency, including disaster management, or in the interest of public safety, the Central Government or 
a State Government or any officer specially authorised in this behalf by the Central Government or a State 
Government, if satisfied that it is necessary or expedient so to do, by notification— 

11 

 
(a) take temporary possession of any telecommunication service or telecommunication network 

from an authorised entity; or 

(b)  provide  for  appropriate  mechanism  to  ensure  that  messages  of  a  user  or  group  of  users 

authorised for response and recovery during public emergency are routed on priority. 

(2)  On  the  occurrence  of  any  public  emergency  or  in  the  interest  of  public  safety,  the  Central 
Government  or  a  State  Government  or  any  officer  specially  authorised  in  this  behalf  by  the  Central 
Government  or  a  State  Government,  may,  if  satisfied  that  it  is  necessary  or  expedient  so  to  do,  in  the 
interest of the sovereignty and integrity of India, defence and security of the State, friendly relations with 
foreign  States,  public  order,  or  for  preventing  incitement  to  the  commission  of  any  offence,  subject  to 
such  procedure  and  safeguards  as  may  be  prescribed,  and  for  reasons  to  be  recorded  in  writing,  by 
order— 

(a) direct that any message or class of messages, to or from any person or class of persons, to or 
from any telecommunication equipment or class of telecommunication equipment, or relating to any 
particular subject, brought for transmission by, or transmitted or received by any telecommunication 
service or telecommunication network, shall not be transmitted, or shall be intercepted or detained, or 
shall be disclosed in intelligible format to the officer mentioned in such order; or 

(b) direct that any telecommunication service or class of telecommunication services to or from 
any  person  or  class  of  persons,  to  or  from  any  telecommunication  equipment  or  class  of 
telecommunication  equipment,  or  relating  to  any  particular  subject,  transmitted  or  received  by  any 
telecommunication service or telecommunication network, shall be suspended. 

(3) The press messages, intended to be published in India, of correspondents accredited to the Central 
Government  or  a  State  Government  shall  not  be  intercepted  or  detained,  unless  their  transmission  has 
been prohibited under clause (a) of sub-section (2). 

(4) The action specified under sub-section (1), sub-section (2) and sub-section (3) shall be for such 

duration and in such manner as may be prescribed. 

21.    Measures  for  national  security,  etc.—The  Central  Government  may,  if  satisfied  that  it  is 
necessary or expedient so to do, in the interest of national security, friendly relations with foreign States, 
or  in the event  of  war,  by notification take  such  measures  as are necessary  in  the  circumstances  of  the 
case, including issuing directions in respect of the following, namely:— 

(a)  use  of  telecommunication  equipment,  telecommunication  services,  telecommunication 

network and telecommunication identifiers; 

(b)  standards  applicable  to  manufacture,  import  and  distribution  of  telecommunication 

equipment; 

(c) standards to be adopted by authorised entities or assignees; 

(d)  procurement  of  telecommunication  equipment  and  telecommunication  services  only  from 

trusted sources; 

(e) suspension, removal or prohibition of the use of specified telecommunication equipment and 

telecommunication services from countries or person as may be notified; or 

(f) taking over the control and management of, or suspending the operation of, or entrusting any 
authority of the Central Government to manage any or all of any telecommunication services, or any 
telecommunication network or part thereof, connected with such telecommunication services. 

12 

 
22.  Protection of telecommunication network and telecommunication services.—(1) The Central 
Government  may  by  rules  provide  for  the  measures  to  protect  and  ensure  cyber  security  of 
telecommunication networks and telecommunication services. 

(2) The measures may include collection, analysis and dissemination of traffic data that is generated, 

transmitted, received or stored in telecommunication networks. 

Explanation.—For  the  purposes  of  this  sub-section,  the  expression  “traffic  data”  means  any  data 
generated,  transmitted,  received  or  stored  in  telecommunication  networks  including  data  relating  to  the 
type, routing, duration or time of a telecommunication. 

(3)  The  Central  Government  may,  by  notification 

the  Official  Gazette,  declare  any 
telecommunication network, or part thereof, as Critical Telecommunication Infrastructure, disruption of 
which shall have debilitating impact on national security, economy, public health or safety. 

in 

(4) The Central Government may by rules provide for the standards, security practices, upgradation 

requirements and procedures to be implemented for such Critical Telecommunication Infrastructure. 

23. Power to give directions.—If it appears necessary or expedient so to do in the public interest, the 
Central  Government  may  direct  any  authorised  entity  to  transmit  in  its  telecommunication  services  or 
telecommunication network, specific messages, in such manner as may be specified. 

CHAPTER V 

DIGITAL BHARAT NIDHI 

24.    Establishment  of  Digital  Bharat  Nidhi.—(1)  The  Universal  Service  Obligation  Fund  created 
under the Indian Telegraph Act, 1885 (13 of 1885), shall, from the appointed day, be the “Digital Bharat 
Nidhi”, under the control of the Central Government, and shall be used to discharge functions as set forth 
in this Act. 

(2)  Any  sums  of  money  attributable  to  the  Digital  Bharat  Nidhi  that  is  paid  pursuant  to  an 

authorisation under section 3, shall be credited to the Digital Bharat Nidhi. 

(3) The balance to  the  credit  of  the  Digital  Bharat  Nidhi shall  not  lapse at  the end  of the  financial 

year. 

(4)  All  amounts  payable  under  licences  granted  prior  to  the  appointed  day  towards  the  Universal 

Service Obligation, shall be deemed to be the amounts payable towards the Digital Bharat Nidhi. 

25.  Crediting of sum to Consolidated Fund of India.—The sums of money received towards the 
Digital Bharat Nidhi under section 24, shall first be credited to the Consolidated Fund of India, and the 
Central Government may, if Parliament by appropriation made by law in this behalf so provides, credit 
such proceeds to the Digital Bharat Nidhi from time to time for being utilised exclusively to meet any or 
all of the following objectives, namely:— 

(a)  support  universal  service  through  promoting  access  to  and  delivery  of  telecommunication 

services in underserved rural, remote and urban areas; 

(b) support research and development of telecommunication services, technologies, and products; 

(c)  support  pilot  projects,  consultancy  assistance  and  advisory  support  towards  provision  of 

service under clause (a) of this section; 

(d) support introduction of telecommunication services, technologies, and products. 

26.  Administration of Digital Bharat Nidhi.—The Digital Bharat Nidhi shall be administered in a 

manner, as may be prescribed. 

13 

 
 
CHAPTER VI 

INNOVATION AND TECHNOLOGY DEVELOPMENT 

27.  Regulatory  sandbox.—The  Central  Government  may,  for  the  purposes  of  encouraging  and 
facilitating  innovation  and  technological  development  in  telecommunication,  create  one  or  more 
regulatory sandboxes, in such manner, and for such duration, as may be prescribed. 

Explanation.—For the purposes of this section, the expression ““regulatory sandbox”“ refers to a live 
testing  environment  where  new  products,  services,  processes  and  business  models  which  may  be 
deployed,  on  a  limited  set  of  users,  for  a  specified  period  of  time,  with  certain  relaxations  from  the 
provisions of this Act. 

CHAPTER VII 

PROTECTION OF USERS 

28.    Measures  for  users.—(1)  For  the  purposes  of  this  section,  “specified  message”  means  any 
message  offering,  advertising  or  promoting  goods,  services,  interest  in  property,  business  opportunity, 
employment opportunity or investment opportunity, whether or not— 

(a) the goods, services, interest, or opportunity are real; or 

(b) it is lawful to acquire such goods, services, property, interest or take up the opportunity. 

(2) The Central Government may by rules provide for measures for protection of users, in consonance 
with any regulations notified by the Telecom Regulatory Authority of India from time to time, including 
measures such as— 

(a)  the  prior  consent  of  users  for  receiving  certain  specified  messages  or  class  of  specified 

messages; 

(b) the preparation and maintenance of one or more registers, to be called as  “Do Not Disturb” 
register, to ensure that users do not receive specified messages or class of specified messages without 
prior consent; or 

(c)  the  mechanism  to  enable  users  to  report  any  malware  or  specified  messages  received  in 

contravention of this section. 

(3) An authorised entity providing telecommunication services shall establish an online mechanism to 
enable users to register any grievance pertaining to the telecommunication service, and redressal of such 
grievances, in such manner as may be prescribed. 

29.  Duty of users.—No user shall— 

(a)  furnish  any  false  particulars,  suppress  any  material  information,  or  impersonate  another 

person, while establishing his identity for availing of telecommunication services; or 

(b) fail to share information as required under this Act. 

30.  Dispute resolution mechanism to redress user grievances.—(1) The Central Government may 
establish  or  approve  one  or  more  online  dispute  resolution  mechanisms  for  the  resolution  of  disputes 
between users and authorised entities providing telecommunication services. 

(2)  Every  authorised  entity  providing  telecommunication  services  shall  participate  in  the  dispute 
resolution mechanism established under sub-section (1), and shall comply with such terms and conditions 
of participation in such mechanism as may be prescribed. 

(3)  This  section  shall  not  affect  the  rights  of  consumers  under  the  Consumer  Protection  Act,  2019              

(35 of 2019). 

14 

 
CHAPTER VIII 

ADJUDICATION OF CERTAIN CONTRAVENTIONS 

31. Definitions of terms used in this Chapter.—For the purposes of this Chapter,— 

(a) “Adjudicating Officer” means an officer appointed under section 35; and 

(b) “Designated Appeals Committee” means the committee appointed under section 36. 

32. Breach of terms and conditions of authorisation or assignment.—(1) In case of breach of any 
of  the  terms  and  conditions  of  authorisation  or  assignment  granted  under  this  Act,  the  Adjudicating 
Officer shall, pursuant to an inquiry under the provisions of this Chapter— 

(a) pass an order in writing in respect of one or both of the following, namely: — 

(i) direct such authorised entity, or assignee to do or abstain from doing any act or thing to 

prevent such breach or for such compliance; 

(ii) impose civil penalties as specified in the Second Schedule; and 

(b)  make  recommendations  for  the  consideration  of  the  Central  Government  regarding 

suspension, revocation, or curtailment of the duration of the authorisation or assignment. 

(2)  The  Central  Government  may,  after  due  consideration  of  the  recommendations  of  the 
Adjudicating Officer under clause (b) of sub-section (1), suspend, curtail or revoke the authorisation or 
assignment,  as  the  case  may  be,  which  may  be  reversed  if  the  substantial  violation  is  remedied  to  the 
satisfaction of the Central Government. 

(3) While imposing penalties specified in the Second Schedule under this section and section 33, the 

Adjudicating Officer shall have due regard to the following factors, namely:— 

(a)  nature,  gravity  and  duration  of  the  contravention,  taking  into  account  the  scope  of  the 

contravention; 

(b) number of persons affected by such contravention, and the level of harm suffered by them; 

(c) intentional or negligent character of the contravention; 

(d) repetitive nature of the contravention; 

(e) action taken by the concerned person to mitigate the contravention, including by providing a 

voluntary undertaking under sub-section (1) or sub-section (2) of section 34; 

(f) revenue loss caused to the Central Government; 

(g)  any  aggravating  factors  relevant  to  the  circumstances  of  the  case,  such  as  the  amount  of 
disproportionate  gain  or  unfair  advantage,  wherever  quantifiable,  made  as  a  result  of  the 
contravention; and 

(h)  any  mitigating  factors  relevant  to  the  circumstances  of  the  case,  such  as  the  timely 
rectification  of  the  contravention,  or  steps  taken  for  the  avoidance  of  loss  as  a  result  of  the 
contravention. 

33. Contraventions of Act.—(1) The Adjudicating Officer shall, upon receipt of a complaint in such 
form, manner and accompanied by such fees as may be prescribed, relating to contravention of this Act as 
specified  in  the  Third  Schedule,  or  suo  motu,  conduct  an  inquiry  under  the  provisions  of  this  Chapter, 
pass an order in writing specifying the civil penalty up to an amount as specified in the Third Schedule, 
payable by the person committing such contravention. 

(2)  The  provisions  of  the  Third  Schedule  shall  apply  to  the  abetment  of,  or  attempt  to  commit,  or 

conspiracy to commit such contravention, as they apply to such contravention. 

15 

 
34. Voluntary undertaking for contraventions.—(1) Any authorised entity or assignee committing 
the contravention as provided under section 32 or under serial No. 4 of the Third Schedule may, prior to 
any notice or initiation of process of determination of such contravention, submit a voluntary undertaking 
to the Adjudicating Officer, disclosing such contravention and measures taken or to be taken to mitigate 
such contravention. 

(2) The acceptance of voluntary undertaking given under sub-section (1), subject to the provisions of 

sub-section (6), shall constitute a bar on proceedings under this Chapter. 

(3)  Where  the  Adjudicating  Officer  has  reasonable  grounds  to  believe  that  a  contravention  as 
provided under section 32 or under serial No. 4 of the Third Schedule may have occurred, then it shall 
serve a notice to the authorised entity or assignee concerned under the relevant section. 

(4) At any time during the process of hearing under sub-section (3), the authorised entity or assignee, 
may, submit a voluntary undertaking specifying the mitigation measures it proposes to take in respect of 
such contravention. 

(5)  The  acceptance  of  the  voluntary  undertaking  submitted  under  sub-section  (4),  subject  to  the 
provisions of sub-section (6), shall be construed as a mitigation measure and shall be duly considered for 
the purpose of determination of civil penalties under clause (a) of sub-section (1) of section 32, or under 
serial No. 4 of the Third Schedule. 

(6) The voluntary undertaking under sub-section (1) or sub-section (4) of this section, may include an 
undertaking  to  take  a  specified  action  within  a  specified  time;  an  undertaking  to  refrain  from  taking  a 
specified action; and an undertaking to publicise the voluntary undertaking. 

(7)  The  Adjudicating  Officer  may  accept  the  voluntary  undertaking  under  sub-section  (1)  or                  

sub-section  (4),  or  with  the  agreement  of  the  authorised  entity  or  assignee  providing  the  voluntary 
undertaking, vary the terms included in such voluntary undertaking. 

(8) When the authorised entity or assignee providing a voluntary undertaking fails to comply with any 
terms of such undertaking, the Adjudicating Officer may, after giving such authorised entity or assignee a 
reasonable  opportunity  of  being  heard,  proceed  with  imposition  of  civil  penalties  specified  under  the 
Second Schedule or the Third Schedule, as applicable. 

35.  Adjudicating  Officer.—(1) For the purposes of this Chapter, the Central Government shall, by 
an order published in the Official Gazette, appoint any officer of the Central Government not below the 
rank  of Joint  Secretary  as one  or  more  Adjudicating Officers  for holding  an inquiry  in  such  manner as 
may be prescribed. 

(2) The Adjudicating Officer may, upon the holding of such inquiry, pass such order as he deems fit 

in accordance with the provisions of section 32 or section 33. 

36.  Designated Appeals Committee.—(1) The Central Government may, by an order published in 
the  Official  Gazette,  appoint  officers  of  the  Central  Government  not  below  the  rank  of  Additional 
Secretary, as members of one or more Designated Appeals Committee to which any person aggrieved by 
an order made by the Adjudicating Officer under sub-section (1) of section 32 or under section 33, may 
prefer an appeal. 

(2) Every appeal under sub-section (1) shall be filed within a period of thirty days from the date on 
which the copy of the order made by the Adjudicating Officer is received by the aggrieved person, and 
shall be in such form, manner and be accompanied by such fees as may be prescribed. 

16 

 
37.    Process  to  be followed  by  Adjudicating Officer  and  Designated  Appeals  Committee.—(1) 
The  functioning  of  the  Adjudicating  Officer  and  the  Designated  Appeals  Committee  shall,  as  far  as 
possible,  be  digital  by  design  and  they  shall  function  as  digital  offices  and  deploy  such  techno-legal 
measures as may be prescribed, to enable online process for their functioning. 

(2)  The  Adjudicating  Officer  and  Designated  Appeals  Committee  shall  have  the  same  powers  as  a 
civil court, and all proceedings before it shall be deemed to be judicial proceedings within the meaning 
of section 193 and 228 of the Indian Penal Code (45 of 1860). 

38.  Enforcement.—Any  order  made  by  the  Adjudicating  Officer  or  the  Designated  Appeals 
Committee shall be executable in the same manner as if it were a decree of civil court; and such orders 
shall be deemed to be final decrees under this section on the expiry of the period allowed for preferring an 
appeal against such orders as provided in section 36 and section 39. 

39.  Appeals  on  matters  relating  to  section  32.—Any  person  aggrieved  by  an  order  of  the 
Designated Appeals Committee under section 36, in so far as it pertains to matters under sub-section (1) 
of section 32, or an order of the Central Government under sub-section (2) of section 32, may prefer an 
appeal  to  the  Telecom  Disputes  Settlement  and  Appellate  Tribunal  constituted  under section  14 of  the 
Telecom Regulatory Authority of India Act, 1997 (24 of 1997), within a period of thirty days from the 
date on which a copy of the order is received by such authorised entity or assignee. 

40.  Appeals  on  matters  relating  to  section  33.—Any  person  aggrieved  by  an  order  of  the 
Designated Appeals Committee under section 36, in so far as it pertains to matters under section 33, may 
prefer an appeal to any civil court having jurisdiction over the matter. 

41.  Jurisdiction  of  civil  court  barred.—No  civil  court  shall  have  jurisdiction  in  respect  of  any 
matter  which the  Adjudicating  Officer, the  Designated  Appeals  Committee, the Central  Government  or 
the  Telecom  Disputes  Settlement  and  Appellate  Tribunal  are  empowered  by  or  under  this  Chapter  to 
determine. 

CHAPTER IX 

OFFENCES 

42. General provisions relating to offences.—(1) Whoever provides telecommunication services or 
establishes telecommunication network without authorisation under sub-section (1) of section 3, or causes 
damage  to  critical  telecommunication  infrastructure  shall  be  punishable  with  imprisonment  for  a  term 
which may extend to three years, or with fine which may extend up to two crore rupees, or with both. 

(2) Whoever directly or indirectly or through personation— 

(a) gains or attempts to gain unauthorised access to a telecommunication network or to data of an 

authorised entity or transfers data of an authorised entity; or 

(b) intercepts a message unlawfully, 

shall be  punishable  with imprisonment  for a term  which  may  extend to  three  years,  or  with  fine  which 
may extend up to two crore rupees, or with both. 

Explanation.—For the purposes of this sub-section,—  

(i)  the  expression  “personation”  sha1ll  have  the  same  meaning  as  assigned  to  it  under section 

416 of the Indian Penal Code (45 of 1860); 

(ii) data of an authorised entity includes call data records, internet protocol data records, traffic 

data, subscriber data records and the like. 

(3) Whoever, — 

(a) possesses or uses without an authorisation, any equipment that blocks telecommunication; 

17 

 
(b)  uses 

telecommunication 

identifiers  not  allotted  or  permitted 

in  accordance  with                          

sub-sections (8) and (9) of section 3; 

(c) tampers with telecommunication identifiers; 

(d)  possesses  radio  equipment  without  an  authorisation  or  an  exemption  that  can  accommodate 

more than specified number of subscriber identity modules; 

(e)  obtains  subscriber  identity  modules  or  other  telecommunication  identifiers  through  fraud, 

cheating or personation; 

(f)  wilfully  possesses  radio  equipment  knowing  that  it  uses  unauthorised  or  tampered 

telecommunication identifiers, 

shall be  punishable  with imprisonment  for a term  which  may  extend to  three  years,  or  with  fine  which 
may extend up to fifty lakh rupees, or with both. 

(4)  Whoever  wilfully  contravenes  any  measures  specified  in  the  notification  on  national  security 
under section 21 shall be punishable with imprisonment for a term which may extend to three years, or 
with fine which may extend up to two crore rupees, or with both and the Central Government may, if it 
deems fit, also suspend or terminate the telecommunication service of such person. 

(5)  Whoever  causes  damage  to  telecommunication  network,  other  than  critical  telecommunication 
infrastructure shall be liable for compensation for the damage caused and fine which may extend up to 
fifty lakh rupees. 

(6) Whoever abets any offence, or attempts to commit, or conspires to commit an offence under this 
Act, shall if the act abetted or conspired is committed in consequence of such abetment or conspiracy, be 
punished with the punishment provided for the offence. 

(7)  Notwithstanding  anything  contained  in  the  Code  of  Criminal  Procedure,  1973  (2  of  1974),  all 

offences specified under this section shall be cognizable and non-bailable. 

(8) No court inferior to that of a Chief Metropolitan Magistrate or a Chief Judicial Magistrate of first 

class shall try any offence punishable under this Act. 

43. Power to search.—Any officer authorised by the Central Government in this behalf, may search 
any  building,  vehicle,  vessel,  aircraft  or  place  in  which  he  has  reason  to  believe  that  any  unauthorised 
telecommunication network or telecommunication equipment or radio equipment in respect of which an 
offence  punishable  under  section  42  has  been  committed,  is  kept  or  concealed  and  take  possession 
thereof. 

44.  Supply of information to authorised officers.—Notwithstanding anything contained in any law 
for the time being in force, where the Central Government is satisfied that any information, document or 
record  in  possession  or  control  of  any  authorised  entity  or  assignee  relating  to  any  telecommunication 
service, telecommunication network or use of spectrum, availed by any entity or consumer or subscriber 
is necessary to be furnished in relation to any pending or apprehended civil or criminal proceedings, an 
officer,  specially  authorised  in  writing  by  the  Central  Government  in  this  behalf,  shall  direct  such 
authorised entity or assignee to furnish such information, document or record to him and the authorised 
entity or assignee shall comply with the direction of such officer. 

CHAPTER X 

MISCELLANEOUS 

45. Creation of security interests.—The Central Government may provide for such security interest 
which an authorised entity may provide to lenders financing such entities on such terms and conditions of 
such security interest as may be prescribed. 

18 

 
46.  Certification  of  person  for  operation  of  radio  equipment  on  a  vessel  or  aircraft.—The 
Central Government may grant certification to any person to operate a radio equipment on such class of 
vessels  registered  under  the  Merchant  Shipping  Act,  1958  (44  of  1958),  aircrafts  registered  under  the 
Aircraft Act, 1934 (22 of 1934) and any other category of vessels or vehicles as may be notified by the 
Central  Government,  in  accordance  with  such  terms  and  conditions,  including  applicable  fees  and 
charges, as may be prescribed. 

47. Certification for amateur station operator.—The Central Government may by rules provide for 
the manner of certification of person to install and operate an amateur station and such rules may specify 
the  qualifications  and  terms  and  conditions  subject  to  which,  a  certification  for  operating  an  amateur 
station may be granted, including through conduct of examinations for granting such certification, the fees 
and charges to be paid thereof, and other connected matters. 

Explanation.—For the purposes of this section, 

(a) “amateur services” means radio communication services for the purpose of self-training, 
intercommunication  and  technical  investigations  carried  out  by  amateurs,  that  is,  by  duly 
authorised  person  interested  in  radio  technique  solely  with  a  personal  aim  and  without  any 
pecuniary interest; 

(b) “amateur station” means a radio station operated by an amateur for amateur services. 

48.  Prohibition of use of equipment which blocks telecommunication.—No person shall possess 
or use any equipment that blocks telecommunication unless permitted by the Central Government, or any 
authority authorised for specific purpose by the Central Government. 

49.  Penalties not to affect other liabilities.—(1) The penalties imposed pursuant to the provisions 
of Chapter VIII or Chapter IX, shall be in addition to, and not in derogation of, any liability in respect of 
payment of compensation or payment of any fees or charges due by an authorised entity or assignee. 

(2) The provisions of this Act are in addition to and without prejudice to any other liability which a 

person may have incurred under any other law for the time being in force. 

50.  Act to apply for offence or contravention committed outside India.—This Act shall apply to 
any  offence  committed  or  contravention  made  outside  India  by  any  person  if  the  act  or  conduct 
constituting  such  offence  or  contravention  involves  a  telecommunication  service  provided  in  India,  or 
telecommunication equipment or telecommunication network located in India. 

51.  Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall 
lie against the Central Government, the State Government, or any other authority under this Act or any 
person acting on their behalf, as the case may be, for anything which is done in good faith, or intended to 
be done in pursuance of this Act or any rule, regulation or order made thereunder. 

52. Consistency with other laws.—(1) The provisions of this Act shall be in addition to, and not be 
construed in derogation of the provisions of any other law, and shall be construed as consistent with such 
law, for the time being in force. 

(2) If any conflict arises between a provision of this Act and a provision of any other law for the time 
being in force in the whole of India or restricted to the application within the territory of any State, the 
provision of this Act shall prevail to the extent of such conflict. 

53.  Implementation  of  Act.—The  implementation  of  the  Act  shall  be  digital  by  design  and  the 
Central Government shall take any such measures as necessary to enable the digital implementation of the 
Act. 

54.  Employee of authorised entity not to be compelled to appear as witness.—No employee of an 
authorised  entity  shall,  in  any  legal  proceeding  to  which  such  authorised  entity  is  not  a  party,  be 
compelled to appear as a witness to prove the information contained in any electronic records submitted 

19 

 
under sub-section (4) of section 65B of the Indian Evidence Act, 1872 (1 of 1872), except as required by 
order of the Court or a Judge made for special cause. 

55.  Rights  in  Continental  Shelf  and  Exclusive  Economic  Zone.—The  privilege  of  the  Central 
Government  to  grant  authorisations  or  assignment  under  this  Act  in  the  Continental  Shelf  and  the 
Exclusive Economic Zone of India and the rights of an authorised entity or assignee, as the case may be, 
shall  be  subject  to  the  Territorial  Waters,  Continental  Shelf,  Exclusive  Economic  Zone  and  other 
Maritime  Zones  Act,  1976  (80  of  1976),  and  applicable  international  laws  as  accepted  and  ratified  by 
India. 

56.  Power  of  Central  Government  to  make  rules.—(1)  The  Central  Government  may,  by 
notification,  and  subject  to  the  condition  of  previous  publication,  make  rules  not  inconsistent  with  the 
provisions of this Act, to carry out the purposes of this Act. 

(2)  In  particular  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a)  the  terms  and  conditions,  including  fees  or  charges  for  obtaining  authorisation  under                    

sub-section (1) of section 3; 

(b) the manner of exemption for providing authorisation under sub-section (3) of section 3; 

(c)  the  terms  and  conditions,  including  fees  and  charges,  applicable  to  the  original  authorised 
entity  that  emerges  pursuant  to  any  merger,  demerger,  acquisition,  or  other  forms  of  restructuring, 
under sub-section (5) of section 3; 

(d) the terms and conditions for migration under sub-section (6) of section 3; 

(e)  the  verifiable  biometric  based  identification  to  be  used  by  an  authorised  entity  of 

telecommunication services under sub-section (7) of section 3; 

(f)  the  terms  and  conditions,  including  fees  or  charges  for  allotment  of  telecommunication 

identifiers for use by authorised entities under sub-section (8) of section 3; 

(g)  the  terms  and  conditions  for  the  assignment  of  spectrum,  including  the  frequency  range, 
methodology for pricing, price, fees and charges, payment mechanism, duration and procedure under 
sub-section (3) of section 4; 

(h) the manner of exemptions for assignment of spectrum under sub-section (7) of section 4; 

(i) the terms and conditions for re-farming and harmonisation under section 5; 

(j)  the  terms  and  conditions,  including  applicable  fees  and  charges,  and  any  other  relevant 
condition subject to which the utilisation of the spectrum in a flexible, liberalised and technologically 
neutral manner under section 6; 

(k) the terms and conditions for optimal utilisation of spectrum under sub-section (1) of section 7; 

(l)  the  period  of  unutilised  spectrum  for  insufficient  reasons  and  further  terms  and  conditions 

relating to spectrum utilisation under sub-section (2) of section 7; 

(m)  the  terms  and  conditions,  including  applicable  fees  or  charges  for  sharing,  trading,  leasing 

and surrender of assigned spectrum, under sub-section (2) of section 8; 

(n)  )  the  timeline  for  granting  permission  for  right  of  way  for  telecommunication  network  in 
public property; and the amount for administrative expenses and compensation for right of way under 
sub-section (3) of section 11; 

(o)  the  procedure  to  be  followed  by  a  facility  provider  to  enter,  survey,  establish,  operate, 
maintain, repair, replace or relocate the telecommunication network, including the notice period, the 

20 

 
manner  of  issuance  of  notice,  the  framework  governing  objections  by  owner  or  occupier  of  the 
property,  the  manner  in  which  such  objections  would  be  resolved,  and  matters  relating  to  the 
compensation payable for any damage under sub-section (5) of section 12; 

(p) the terms and conditions, including charges for right of way, and compensation for damage to 

the property, under sub-section (6) of section 12; 

(q) the terms and conditions, including fees and charges subject to which the telecommunication 
network  to  be  made  available  on  open  access  basis  to  facility  providers  under  sub-section  (2)  of 
section 15; 

(r) the procedure and manner for giving prior notice under sub-section (1) of section 17; 

(s)  the  timeline  for  responding  the  notice  with  details  of  telecommunication  network  and 

precautionary measures to be undertaken by the facility provider under sub-section (2) of section 17; 

(t) the procedure and safeguards for public emergency or public safety under sub-section (2) of 

section 20; 

(u)  the  duration  and  manner  of  taking  action  for  public  emergency  or  public  safety  under                   

sub-section (4) of section 20; 

(v)  the  measures  to  protect  and  ensure  cyber  security  of,  telecommunication  networks  and 

telecommunication services under sub-section (1) of section 22; 

(w) the standards, security practices, upgradation requirements and procedures to be implemented 

for the Critical Telecommunication Infrastructure under sub-section (4) of section 22; 

(x) the manner for administration of Digital Bharat Nidhi under section 26; 

(y) the manner and duration for creating Regulatory Sandbox under section 27; 

(z) the measures for protection of users under sub-section (2) of section 28; 

(za) the manner for registration of any grievance and redressal of such grievances pertaining to 

the telecommunication service under sub-section (3) of section 28; 

(zb)  the  terms  and  conditions  for  participating  in  the  dispute  resolution  mechanism  under                    

sub-section (2) of section 30; 

(zc)  the  form,  manner  and  fees  to  be  accompanied  with  the  complaint  under  sub-section  (1)  of 

section 33; 

(zd) the manner for holding inquiry by the Adjudicating Officer under sub-section (1) of section 

35; 

(ze)  the  form,  manner  and  fees  for  filing  an  appeal  before  the  Designated  Appeals  Committee 

under sub-section (2) of section 36; 

(zf)  the  techno-legal  measures  for  functioning  of  the  Adjudicating  Officer  and  the  Designated 

Appeals Committee under sub-section (1) of section 37; 

(zg) the terms and conditions of security interest under section 45; 

(zh) the terms and conditions, including applicable fees and charges for granting certificates under 

section 46; 

(zi)  the  manner  of  certification,  qualification,  and  terms  and  conditions,  including  fees  and 

charges for the examination for amateur station operator under section 47; 

(zj) any other matter which is to be, or may be, prescribed, or in respect of which provision is to 

be made by rules. 

21 

 
(3) Every rule made under this Act and amendment to the Schedule made under section 57 shall be 
laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total 
period of thirty days which may be comprised in one session or in two or more successive sessions, and 
if, before the expiry of the session immediately following the session or the successive sessions aforesaid, 
both Houses agree in making any modification in the rule or amendment to the Schedule or both Houses 
agree  that  the  rule  or  amendment  to  the  Schedule  should  not  be  made,  the  rule  or  amendment  to  the 
Schedule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, 
however,  any  such  modification  or  annulment  shall  be  without  prejudice  to  the  validity  of  anything 
previously done under that rule or amendment to the Schedule. 

 57.    Power  of  Central  Government  to  amend  Schedules.—(1)  Subject  to  the  provisions  of  this 

section, the Central Government may, by notification, — 

(a) amend the First Schedule; 

(b) amend the Second Schedule or the Third Schedule: 

Provided  that  penalty  or  civil  penalty  specified  in  such  Schedules  shall  be  not  exceeding  ten  crore 

rupees. 

(2) Any amendment made under sub-section (1) shall have effect as if enacted in this Act and shall 

come into force on the date of the notification, unless the notification otherwise directs. 

58.   Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of 
this Act, the Central Government may, by order published in the Official Gazette, make such provisions, 
not  inconsistent  with  the  provisions  of  this  Act,  as  may  be  necessary  or  expedient,  for  removing  the 
difficulty: 

Provided that no order shall be made under this section after the expiration of three years from the 

date of commencement of this Act. 

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each 

House of Parliament. 

59.  Amendment to Act 24 of 1997.—In the Telecom Regulatory Authority of India Act, 1997, — 

(a) in section 2, — 

(i) in sub-section (1),— 

(A) for clause (e), the following clause shall be substituted, namely:— 

‘(e)  “licensee”  means  an  authorised  entity  providing  telecommunication  services 
under  the  Telecommunications  Act,  2023,  or  registered  for  providing  cable  television 
network under the Cable Television Networks (Regulation) Act, 1995 (7 of 1995) or any 
other Act for the time being in force;'; 

(B) for clause (ea), the following clause shall be substituted, namely:— 

‘(ea) “licensor” means the Central Government which grants an authorisation for 
telecommunication services under the Telecommunications Act, 2023, or registration 
under the Cable Television Networks (Regulation) Act, 1995 (7 of 1995) or any other 
Act for the time being in force;'; 

(C) after clause (j), the following clause shall be inserted, namely: — 

‘(ja)  “telecommunication”  shall  have  the  meaning  as  assigned  to  it  in  the 

Telecommunications Act, 2023;’; 

(D) for clause (k), the following clause shall be substituted, namely:— 

22 

 
‘(k) “telecommunication services” means any service for telecommunication;’; 

(ii) in sub-section (2), for the words and figures “the Indian Telegraph Act, 1885 (13 of 1885) 
or the Indian Wireless Telegraphy Act, 1933 (17 of 1933)”, the words, figures and brackets “the 
Telecommunications  Act, 2023  or  the  Cable Television  Networks  (Regulation) Act,  1995  (7  of 
1995)” shall be substituted; 

(b) in section 4, for the proviso, the following provisos shall be substituted, namely:— 

“Provided  that  a  person  who  is,  or  has  been,  in  the  service  of  Government  shall  not  be 

appointed— 

(a) as a Chairperson unless such person has held the post of Secretary to the Government 

of India or any equivalent post in the Central Government or the State Government; or 

(b)  as  a  member  unless  such  person  has  held  the  post  of  Additional  Secretary  to  the 
Government  of  India  or  any  equivalent  post  in  the  Central  Government  or  the  State 
Government: 

Provided further that a person who is, or has been, in a service other than that of Government, 

shall be appointed— 

(a) as a Chairperson if such person has at least thirty years of professional experience and 
has  served  as  a  member  of  the  board  of  directors or a  chief  executive  of  a  company  in the 
areas as specified in this section; or 

(b) as a Member if such person has at least twenty-five years of professional experience 
and has served as a member of the board of directors or chief executive of a company in the 
areas as specified in this section.”; 

(c) in section 11,— 

(i) in sub-section (1), — 

(A)  for  the  words  and  figures  “Indian  Telegraph  Act,  1885  (13  of  1885)”,  the  words, 
figures  and  brackets  “Telecommunications  Act,  2023  or  the  Cable  Television  Networks 
(Regulation) Act, 1995 (7 of 1995)” shall be substituted; 

(B)  in  the  fifth  proviso,  for  the  portion  beginning  with  the  words  “may,  within  fifteen 
days  from  the  date  of  receipt”  and  ending  with  the  words  “take  a  final  decision”,  the 
following shall be substituted, namely:— 

“shall, within thirty days from the date of receipt of such reference communicate to the 
Central Government any further recommendations that it may have, after considering the 
reference made by the Central Government and after receipt of further recommendation if 
any, the Central Government shall take a final decision.”; 

(ii) in sub-section (2),— 

(A) for the words and figures “Indian Telegraph Act, 1885 (13 of 1885)”, the words, figures 
and  brackets  “Telecommunications  Act,  2023  or  the  Cable  Television  Networks  (Regulation) 
Act, 1995 (7 of 1995)” shall be substituted; 

(B) after the proviso, the following proviso shall be inserted, namely:— 

“Provided further that the Authority may direct an authorised entity or class of authorised 
entities  providing  telecommunication  services,  to  abstain  from  predatory  pricing  that  is 
harmful 
the 
to  competition, 
telecommunication sector.”; 

term  development  and 

the  overall  health  of 

long 

23 

 
(d) in section 14, in clause (a),— 

(i) sub-clause (i) shall be omitted; 

(ii) for paragraph (C), the following shall be substituted, namely:— 

“(C)  any  disputes  to  be  adjudicated  by  the  Adjudicating  Officer  or  the  Designated 

Appeals Committee under the Telecommunications Act, 2023; 

(iii) after clause (c), the following clause shall be inserted, namely:— 

“(d) hear and dispose of appeals under section 39 of the Telecommunications Act, 2023. 

Any  action  instituted  under  the  Telecom  Regulatory  Authority  of  India  Act,  1997              

(24  of  1997)  and  pending  immediately  before  the  appointed  day  in  the  Telecom  Disputes 
Settlement and Appellate Tribunal, shall continue to be heard and disposed of by the Telecom 
Disputes Settlement and Appellate Tribunal as if this Act had not been passed;”; 

(e) for section 38, the following section shall be substituted, namely:— 

“38.  Application  of  certain  laws.—The  provisions  of  this  Act  shall  be  in  addition  to  the 
provisions of the Telecommunications Act, 2023 and, in particular, nothing in this Act shall affect 
any jurisdiction, powers and functions required to be exercised or performed by the appropriate 
authority in relation to any area falling within the jurisdiction of such authority.”. 

CHAPTER XI 

REPEAL AND SAVINGS 

 60.  Repeal  of  certain  Acts  and  savings.—(1)  Subject  to  the  other  provisions  of  this  section,  the 
enactments  namely,  the  Indian  Telegraph  Act,  1885  (13  of  1885),  and  the  Indian  Wireless  Telegraphy 
Act, 1933 (17 of 1933), are hereby repealed. 

(2)  Notwithstanding  the  repeal  of  the  provisions  aforesaid,  anything  done  or  any  action  taken 
including any grant of license, registration or assignment, any order, or proceeding, pending or ongoing, 
under  the  repealed  provisions  shall  be  deemed  to  have  been  done  or  taken  under  this  Act,  and  the 
provisions of this Act shall have effect in relation thereto. 

(3) The provisions of Part-III of the Indian Telegraph Act, 1885 (13 of 1885) shall continue to apply 
to all cases pertaining to laying down of transmission lines under section 164 of the Electricity Act, 2003 
(36 of 2003) as if the Indian Telegraph Act, 1885 has not been repealed, and the provisions of Part-III of 
the Indian Telegraph Act, 1885 shall continue in force with reference to section 164 of the Electricity Act, 
2003 till such time as section 164 of the Electricity Act, 2003 is amended. 

61. Existing rules to continue.—All rules, orders, made or purported to have been made under the 
Indian Telegraph Act, 1885 (13 of 1885) or under the Indian Wireless Telegraphy Act, 1933 (17 of 1933), 
shall, in so far as they relate to matters for which provision is made in this Act and are not inconsistent 
therewith, be deemed to have been made under this Act as if this Act had been in force on the date on 
which such rules, orders were made, and shall continue in force unless and until they are superseded by 
any rules made under this Act. 

62. Validation of certain acts and indemnity.—All acts of executive actions done, decisions taken, 
actions  done,  proceedings  taken  and  orders  passed,  prior  to  the  appointed  day,  by  the  Central 
Government,  by  any  officer  of  the  Central  Government,  or  by  any  other  authority,  with  respect  to 
assignment  of  spectrum  or  provision  of  telecommunication  services,  or  telecommunication  network  or 
establishment  of  telecommunication  infrastructure,  in  the  belief  or  purported  belief  that  the  acts  done, 
decisions taken, actions done, and proceedings taken, were being done, taken or passed under the Indian 
Telegraph Act, 1885 (13 of 1885), or the Indian Wireless Telegraphy Act, 1933 (17 of 1933), shall be as 
valid and operative as if they had been done, taken or passed in accordance with law; and no suit or other 

24 

 
legal proceeding shall be maintained or continued against any person whatsoever, on the ground that any 
such acts, decisions, proceedings taken were not done or taken in accordance with law 

25 

 
  
  
  
  
THE FIRST SCHEDULE 

[See sections 4 (4), (5) and 57(1)] 

ASSIGNMENT OF SPECTRUM THROUGH ADMINISTRATIVE PROCESS 

1.  National security and defence. 

2.  Law enforcement and crime prevention. 

3.  Public broadcasting services. 

4.  Disaster management, safeguarding life and property. 

5.  Promoting scientific research, resource development, and exploration. 

6.  Safety and operation of roads, railways, metro, regional rail, inland waterways, airports, ports, 

pipelines, shipping, and other transport systems. 

7.  Conservation of natural resources and wildlife. 

8.  Meteorological department and weather forecasting. 

9.  Internationally recognised dedicated bands for amateur stations, navigation, telemetry, and other 

like usages. 

10.  Use by Central Government, State Governments, or their entities or other authorised entities for 
safety and operations of mines, ports and oil exploration and such other activities where the use 
of spectrum is primarily for supporting the safety and operations. 

11.  Public Mobile Radio Trunking Services. 

12.  Radio backhaul for telecommunication services. 

Explanation.—The term "radio backhaul" shall mean the use of radio frequency only to 

interconnect telecommunication equipment, other than the customer equipment in telecommunication 
networks. 

13.  Community Radio Stations. 

14.  In-flight and maritime connectivity. 

15.  Space research and application, launch vehicle operations and ground station for satellite control. 

16.  Certain satellite-based services such as: Teleports, Television channels, Direct To Home, 

Headend In The Sky, Digital Satellite News Gathering, Very Small Aperture Terminal, Global 
Mobile Personal Communication by Satellites, National Long Distance, International Long 
Distance, Mobile Satellite Service in L and S bands. 

17.  Use by Central Government, State Governments or their authorised agencies for 

telecommunication services. 

18.  Bharat Sanchar Nigam Limited (BSNL) and Mahanagar Telephone Nigam Limited (MTNL). 

19.  Testing, trial, experimental, demonstration purposes for enabling implementation of new 

technologies, including for creation of one or more Regulatory Sandboxes. 

26 

 
 
 
THE SECOND SCHEDULE 

[See sections 32(1) (a) and 34 (8)] 

CIVIL PENALTIES FOR BREACH OF TERMS AND CONDITIONS UNDER SECTIONS 32 AND 34. 

Categorisation  Civil Penalty 

Severe 

Major 

Up to Rs. 5 Crore 

Up to Rs. 1 Crore 

Moderate 

Up to Rs. 10 lakh 

Minor 

Up to Rs. 1 lakh 

Non-severe 

Written warning. 

27 

 
 
 
 
 
 
 
 
THE THIRD SCHEDULE 

[See sections 33(1), (2), 34(1), (3), (5) and 34(8)] 

CIVIL PENALTIES FOR CERTAIN CONTRAVENTIONS 

Sl. No. 

Contravention under the Act 

Civil Penalty 

1. 

2. 

3. 

4. 

(a) Possessing radio equipment without an authorisation or 
an exemption, except for the offence under clauses (d) and 
(f) of sub-section (3) of section 42; 

First Offence: Civil penalty up to 
fifty thousand rupees. 

(b) Use of subscriber identity modules in excess of number 
notified. 

Use by any person or entity of a telecommunication service 
or  telecommunication  network  knowing  or  having  reason 
to  believe 
telecommunication  service  or 
telecommunication  network  does  not  have  the  required 
authorisation under this Act 

that  such 

Each  subsequent  offence:  Civil 
penalty up to two lakh rupees for 
each such instance. 

Civil  penalty  up  to  ten  lakh 
rupees. 

Contravention  of  the  provisions  of  section  28  (Measures 
for protection of users). 

First Offence: Civil penalty up to 
fifty thousand rupees. 

Contravention of any provision of this Act or rules, or any 
terms  or  conditions  of  an  assignment  or  authorisation  in 
relation to any matter under this Act, for which no penalty 
or punishment is provided elsewhere in this Act. 

Each 

subsequent  offence: 
Civil  penalty  up  to  two  lakh 
rupees for each such instance, or 
suspension of telecommunication 
service, or a combination thereof 

First Offence: Civil penalty up to 
twenty-five thousand rupees. 

Second  or  subsequent  offence: 
Further  Civil  penalty  up  to  fifty 
thousand  rupees  for  every  day 
after  the  first  during  which  the 
contravention continues. 