THE TELECOM REGULATORY AUTHORITY OF INDIA ACT, 1997 
____________ 

ARRANGEMENT OF SECTIONS 
Last updated: 20-9-2021 

CHAPTER I 

PRELIMINARY 

SECTIONS 

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

CHAPTER II 

TELECOM REGULATORY AUTHORITY OF INDIA 

3.  Establishment and incorporation of Authority. 
4.  Qualifications for appointment of Chairperson and other members. 
5.  Term of office, conditions of service, etc., of Chairperson and other members. 
6.  Powers of Chairperson and Vice-Chairperson. 
7.  Removal and suspension of member from office in certain circumstances. 
8.  Meetings. 
9.  Vacancies, etc., not to invalidate proceedings of Authority. 
10.  Officers and other employees of Authority. 

CHAPTER III 

POWERS AND FUNCTIONS OF THE AUTHORITY 

11.  Functions of Authority. 
12.  Powers of Authority to call for information, conduct investigations, etc. 
13.  Power of Authority to issue directions. 

CHAPTER IV 

APPELLATE TRIBUNAL 

14.  Establishment of Appellate Tribunal. 
14A. Application for settlement of disputes and appeals to Appellate Tribunal. 
14B. Composition of Appellate Tribunal. 
14C. Qualifications for appointment of Chairperson and Members. 
14D. Term of office. 
14E. Terms and conditions of service. 
14F. Vacancies. 
14G. Removal and resignation. 
14GA. Qualifications, terms and conditions of service of Chairperson and Member. 
14H. Staff of Appellate Tribunal. 
14-I. Distribution of business amongst Benches. 
14J. Power of Chairperson to transfer cases. 
14K. Decision to be by majority. 
14L. Members, etc., to be public servants. 
14M. Transfer of pending cases. 
14N. Transfer of appeals. 
15.  Civil court not to have jurisdiction. 
16.  Procedure and powers of Appellate Tribunal. 
17.  Right to legal representation. 
18.  Appeal to Supreme Court. 

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SECTIONS 

19.  Orders passed by Appellate Tribunal to be executable as a decree. 
20.  Penalty for wilful failure to comply with orders of Appellate Tribunal. 

CHAPTER V 

FINANCE, ACCOUNTS AND AUDIT 

21.  Grants by Central Government. 
22.  Fund. 
23.  Accounts and audit. 
24.  Furnishing of returns, etc., to Central Government. 

CHAPTER VI 

MISCELLANEOUS 

25.  Power of Central Government to issue directions. 
26.  Members, officers and employees of Authority to be public servants. 
27.  Bar of jurisdiction. 
28.  Protection of action taken in good faith. 
29.  Penalty for contravention of directions of Authority. 
30.  Offences by companies. 
31.  Offences by Government Departments. 
32.  Exemption from tax on wealth and income. 
33.  Delegation. 
34.  Cognizance of offences. 
35.  Power to make rules. 
36.  Power to make regulations. 
37.  Rules and regulations to be laid before Parliament. 
38.  Application of certain laws. 
39.  Power to remove difficulties. 
40.  Repeal and saving.  

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THE TELECOM REGULATORY AUTHORITY OF INDIA ACT, 1997 

ACT NO. 24 OF 1997 

[28th March, 1997.] 
An Act to provide for the establishment of the  1[Telecom Regulatory Authority of India and the 
Telecom  Disputes  Settlement  and  Appellate  Tribunal  to  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] and for matters connected therewith or incidental thereto. 

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

CHAPTER I 

PRELIMINARY 

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

Authority of India Act, 1997. 

(2) It extends to the whole of India. 

(3) It shall be deemed to have come into force on the 25th day of January, 1997. 

2. Definitions.—(1) In this Act, unless the context otherwise requires,— 

(a)  “appointed  day”  means  the  date  with  effect  from  which  the  Authority  is  established  under 

sub-section (1) of section 3; 

2[(aa)  “Appellate  Tribunal”  means  the  Telecom  Disputes  Settlement  and  Appellate  Tribunal 

established under section 14;] 

(b) “Authority” means the Telecom Regulatory Authority of India established under sub-section 

(1) of section 3; 

(c)  “Chairperson”  means  the  Chairperson  of  the  Authority  appointed  under  sub-section  (3)  of 

section 3; 

(d) “Fund” means the Fund constituted under sub-section (1) of section 22; 

(e)  “licensee”  means  any  person  licensed  under  sub-section  (1)  of  section  4  of  the  Indian 

Telegraph Act, 1885 (13 of 1885) for providing specified public telecommunication services; 

2[(ea) “licensor” means the Central Government or the telegraph authority who grants a licence 

under section 4 of the Indian Telegraph Act, 1885 (13 of 1885);] 

(f) “member” means a member of the Authority appointed under sub-section (3) of section 3 and 

includes the Chairperson and the Vice-Chairperson; 

(g) “notification” means a notification published in the Official Gazette; 

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

(i) “regulations” means regulations made by the Authority under this Act; 

(j) “service provider” means the 3[Government as a service provider] and includes a licensee; 

(k)  “telecommunication  service”  means  service  of  any  description  (including  electronic  mail, 
voice  mail,  data  services,  audio  tex  services,  video  tex  services,  radio  paging  and  cellular  mobile 
telephone services) which is made available to users by means of any transmission or reception of  

1. Subs. by Act 2 of 2000, s. 2, for “Telecom Regulatory Authority of India to regulate the telecommunication services,” (w.e.f. 

24-1-2000). 

2. Ins. by s. 3, ibid. (w.e.f. 24-1-2000). 
3. Subs. by s. 3, ibid.,for “Government” (w.e.f. 24-1-2000). 

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signs, signals, writing, images and sounds or intelligence of any nature, by wire, radio, visual or other 
electro-magnetic means but shall not include broadcasting services. 

1[Provided that the Central Government may notify other service to be telecommunication service 

including broadcasting services.] 

(2) Words and expressions used and not defined in this Act but defined in the Indian Telegraph Act, 
1885  (13  of  1885) or the  Indian Wireless Telegraphy  Act,  1933 (17  of  1933), shall  have  the  meanings 
respectively assigned to them in those Acts. 

(3) Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir* shall 

in relation to that State be construed as a reference to the corresponding law, if any, in that State. 

CHAPTER II 

TELECOM REGULATORY AUTHORITY OF INDIA 

3. Establishment and incorporation of Authority.—(1) With effect from such date as the Central 
Government  may,  by  notification  appoint,  there  shall  be  established,  for  the  purposes  of  this  Act,  an 
Authority to be called the Telecom Regulatory Authority of India. 

(2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a 
common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, 
both movable and immovable, and to contract, and shall, by the said name, sue or be sued. 

2[(3) 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.] 

(4) The head office of the Authority shall be at New Delhi. 
3[4.  Qualifications for  appointment  of  Chairperson and  other  members.—The  Chairperson and 
other members of the Authority shall be appointed by the Central Government from amongst persons who 
have  special  knowledge  of,  and  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.] 

5.  Term  of  office,  conditions  of  service,  etc.,  of  Chairperson  and  other  members.—(1)  Before 
appointing any person as the Chairperson or member, the Central Government shall satisfy itself that the 
person does not have any such financial or other interest as is likely to affect prejudicially his functions as 
such member. 

4[(2) The Chairperson and other members shall hold office for a term not exceeding three years, as the 
Central  Government  may  notify  in  this  behalf,  from  the  date  on  which they  enter  upon their  offices  or 
until they attain the age of sixty-five years, whichever is earlier. 

(3)  On  the  commencement  of  the  Telecom  Regulatory  Authority  of  India  (Amendment)  Act,  2000            

(2  of  2000),  a  person  appointed  as  Chairperson  of  the  Authority  and  every  other  person  appointed  as 
member and holding office as such immediately before such commencement shall vacate their respective 
offices  and  such  Chairperson  and  such  other  members  shall  be  entitled  to  claim  compensation  not 
exceeding three months pay and allowances for the premature termination of the term of their offices or 
of any contract of service.] 

(4) The employee of the Government on his  5[selection as  the Chairperson or whole-time  member] 
shall have to retire from service before 6[joining as the Chairperson or a whole-time member, as the case 
may be]. 

1. Ins. by Act 2 of 2000, s. 3 (w.e.f. 24-1-2000). 
2. Subs. by s. 4, ibid., for sub-section (3) (w.e.f. 24-1-2000). 
3. Subs. by s. 5, ibid., for section 4 (w.e.f. 24-1-2000). 
4. Subs. by s. 6, ibid., for sub-sections (2) and (3) (w.e.f. 24-1-2000). 
5. Subs. by s. 6, ibid., for “selection as member” (w.e.f. 24-1-2000). 
6. Subs. by s. 6, ibid., for “joining as member” (w.e.f. 24-1-2000). 
*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and 

the Union territory of Ladakh. 

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(5)  The  salary  and  allowances  payable  to  and  the  other  terms  and  conditions  of  service  of  the 

Chairperson and 1[whole-time members] shall be such as may be prescribed. 

(6) The salary, allowances and other conditions of service of the Chairperson or of a member shall not 

be varied to his disadvantage after appointment. 

2[(6A) The part-time members shall receive such allowances as may be prescribed.] 

(7) Notwithstanding anything contained in sub-section (2) 3***, a member may— 

(a)  relinquish his  office  by  giving  in  writing  to  the  Central  Government  notice of  not  less  than 

three months; or 

(b) be removed from his office in accordance with the provisions of section 7. 

4[(8) The Chairperson and the whole-time members shall not, for a period of two years from the date 
on which they cease to hold office as such, except with the previous approval of the Central Government, 
accept— 

(a) any employment either under the Central Government or under any State Government; or 

(b) any appointment in any company in the business of telecommunication services.] 

(9) A vacancy caused to the office of the Chairperson or any other member shall be filled up within a 

period of three months from the date on which such vacancy occurs. 

5* 

* 

* 

* 

* 

6.  Powers  of  Chairperson  and  Vice-Chairperson.—(1)  The  Chairperson  shall  have  powers  of 
general  superintendence  and  directions  in  the  conduct  of  the  affairs  of  the  Authority  and  he  shall,  in 
addition  to  presiding  over  the  meetings  of  the  Authority,  exercise  and  discharge  such  powers  and 
functions of the Authority and shall discharge such other powers and functions as may be prescribed. 

(2)  The  Central  Government  may  appoint  one  of  the  members  to  be  a  Vice-Chairperson  of  the 
Authority  who  shall  exercise  and  discharge  such  powers  and  functions  of  the  Chairperson  as  may  be 
prescribed or as may be delegated to him by the Authority. 

7.  Removal  and  suspension  of  member  from  office  in  certain  circumstances.—(1)  The  Central 

Government may remove from office any member, who,— 

(a) has been adjudged an insolvent; or 

(b) has been convicted of an offence which, in the opinion of the Central Government, involves 

moral turpitude; or 

(c) has become physically or mentally incapable of acting as a member; or 

(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as 

a member; or 

(e)  has  so  abused  his  position  as  to  render  his  continuance  in  office  prejudicial  to  the  public 

interest. 

6[(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. Meetings.—(1) The Authority shall meet at such times and places, and shall observe such rules of 
procedure in regard to the transaction of business at its meetings (including quorum at such meetings) as 
may be provided by regulations. 

1. Subs. by Act 2 of 2000, s. 6, for “other members” (w.e.f. 24-1-2000). 
2. Ins. by s. 6, ibid. (w.e.f. 24-1-2000). 
3. The words, brackets and figure “or sub-section (3)” omitted by s. 6, ibid. (w.e.f. 24-1-2000). 
4. Subs. by Act 20 of 2014, s. 2, for sub-section (8) (w.e.f. 28-5-2014). 
5. The Explanation omitted by s. 2, ibid. (w.e.f. 28-5-2014). 
6. Subs. by Act 2 of 2000, s. 7, for sub-sections (2) and (3) (w.e.f. 24-1-2000). 

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(2) The  Chairperson  or,  if  for  any  reason,  he  is  unable  to  attend  a  meeting  of  the  Authority,  Vice-
Chairperson  and  in  his  absence,  any  other  member  chosen  by  the  members  present  from  amongst 
themselves at the meeting shall presided at the meeting. 

(3) All questions which come up before any meeting of the Authority shall be decided by a majority 
vote of the members present and voting, and in the event of an equality of votes, the Chairperson or in his 
absence, the person presiding, shall have a second or casting vote. 

(4) The Authority may make regulations for the transaction of business at its meetings. 

9.  Vacancies,  etc.,  not  to  invalidate  proceedings  of  Authority.—No  act  or  proceeding  of  the 

Authority shall be invalid merely by reason of— 

(a) any vacancy in, or any defect in the constitution of, the Authority; or 

(b) any defect in the appointment of a person acting as a member of the Authority; or 

(c) any irregularity in the procedure of the Authority not affecting the merits of the case. 

10. Officers and other employees of Authority.—(1) The Authority may appoint officers and such 

other employees as it considers necessary for the efficient discharge of its functions under this Act. 

(2) The salary and allowances payable to and the other conditions of service of the officers and other 

employees of the Authority appointed under sub-section (1) shall be such as may be 1[prescribed]: 

2[Provided that any regulation, in respect of the salary and allowances 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  of  India  (Amendment)  Act,  2000  (2  of  2000),shall  cease  to  have  effect 
immediately on the notification of rules made under clause (ca) of sub-section (2) of section 35.] 

CHAPTER III 

POWERS AND FUNCTIONS OF THE AUTHORITY 

11.  Functions  of  Authority.—3[(1)Notwithstanding  anything  contained  in  the  Indian  Telegraph 

Act,1885 (13 of 1885),the functions of the Authority shall be to— 

(a)make  recommendations,  either  suo  motu  or  on  a  request  from  the  licensor,  on  the  following 

matters, namely:— 

(i) need and timing for introduction of new service provider; 

(ii) terms and conditions of licence to a service provider; 

(iii) revocation of license for non-compliance of terms and conditions of licence; 

(iv)  measures  to  facilitate  competition  and  promote  efficiency  in  the  operation  of 

telecommunication services so as to facilitate growth in such services; 

(v) technological improvements in the services provided by the service providers; 

(vi) type of equipment to be used by the service providers after inspection of equipment used 

in the network; 

(vii)  measures  for  the  development  of  telecommunication  technology  and  any  other  matter 

relatable to telecommunication industry in general; 

(viii) efficient management of available spectrum; 

(b) discharge the following functions, namely:— 

(i) ensure compliance of terms and conditions of licence; 

(ii)  notwithstanding  anything  contained  in  the  terms  and  conditions  of  the  licence  granted 
before the commencement of the Telecom Regulatory Authority of India (Amendment) Act,2000 
(2 of 2000), fix the terms and conditions of inter-connectivity between the service providers; 

1. Subs. by Act 2 of 2000, s. 8, for “determined by regulations” (w.e.f. 24-1-2000). 
2. Ins. by s. 8, ibid. (w.e.f. 24-1-2000). 
3. Subs. by s. 9, ibid., for sub-section (1) (w.e.f. 24-1-2000). 

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(iii)  ensure  technical  compatibility  and  effective  inter-connection  between  different  service 

providers; 

(iv)  regulate  arrangement  amongst  service  providers  of  sharing  their  revenue  derived  from 

providing telecommunication services; 

(v) lay-down the standards of quality of service to be provided by the service 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 service; 

(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  inter-connect  agreements  and  of  all  such  other  matters  as  may  be 

provided in the regulations; 

(viii) keep register maintained under clause (vii) 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; 

(ix) ensure effective compliance of universal service obligations; 

(c) levy fees and other charges at such rates and in respect of such services as may be determined 

by regulations; 

(d) perform such other functions including such administrative and financial functions as may be 
entrusted to it by the Central Government or as may be necessary to carry out the  provisions of this 
Act: 

Provided  that  the  recommendations  of  the  Authority  specified  in  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 specified in the second proviso 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 cannot be accepted or needs 
modifications, it shall refer the recommendation 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  that  Government.  After 
receipt of further recommendation if any, the Central Government shall take a final decision.] 

(2)  Notwithstanding  anything  contained  in  the  Indian  Telegraph  Act,  1885  (13  of  1885),  the 
Authority  may,  from  time  to  time,  by  order,  notify  in  the  Official  Gazette  the  rates  at  which  the 
telecommunication services within India and outside India shall be provided under this Act including 
the rates at which messages shall be transmitted to any country outside India: 

Provided that the Authority may notify different rates for different persons or class of persons for 
similar telecommunication services and where different rates are fixed as aforesaid the Authority shall 
record the reasons therefor. 

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(3) While discharging its functions 1[under sub-section (1) or sub-section (2)], the Authority shall not 
act against the interest of the sovereignty and integrity of India, the security of the State, friendly relations 
with foreign States, public order, decency or morality. 

(4) The Authority shall ensure transparency while exercising its powers and discharging its functions. 

12.  Powers  of  Authority  to  call  for  information,  conduct  investigations,  etc.—(1)  Where  the 

Authority considers it expedient so to do, it may, by order in writing,— 

(a)  call  upon  any  service  provider  at  any  time  to  furnish  in  writing  such  information  or 

explanation relating to its affairs as the Authority may require; or 

(b)  appoint  one  or  more  persons  to  make  an  inquiry  in  relation  to  the  affairs  of  any  service 

provider; and 

(c) direct any of its officers or employees to inspect the books of account or other documents of 

any service provider. 

(2) Where any inquiry in relation to the affairs of a service provider has been undertaken under sub-

section (1),— 

(a) every officer of the Government Department, if such service provider is a department of the 

Government; 

(b) every director, manager, secretary or other officer, if such service provider is a company; or 

(c) every partner, manager, secretary or other officer, if such service provider is a firm; or 

(d) every other person or body of persons who has had dealings in the course of business with any 

of the persons mentioned in clauses (b) and (c), 

shall  be  bound  to  produce before  the  Authority  making  the  inquiry,  all  such  books  of  account  or  other 
documents in his custody or power relating to, or having a bearing on the subject-matter of such inquiry 
and also to furnish to the Authority with any such statement or information relating thereto, as the case 
may be, required of him, within such time as may be specified. 

(3)  Every  service  provider  shall  maintain  such  books  of  account  or  other  documents  as  may  be 

prescribed. 

(4) The Authority shall have the power to issue such directions to service providers as it may consider 

necessary for proper functioning by service providers. 

13. Power of Authority to issue directions.—The Authority may, for the discharge of its functions 
under sub-section (1) of section 11, issue such directions from time to time to the service providers, as it 
may consider necessary: 

2[Provided that no direction under sub-section (4) of section 12 or under this section shall be issued 

except on the matters specified in clause (b) of sub-section (1) of section 11.] 

3[CHAPTER IV 

APPELLATE TRIBUNAL 

14. Establishment of Appellate Tribunal.—The Central Government shall, by notification, establish 

an Appellate Tribunal to be known as the Telecom Disputes Settlement and Appellate Tribunal to— 

(a) adjudicate any dispute— 

(i) between a licensor and a licensee; 

(ii) between two or more service providers; 

1. Subs. by Act 2 of 2000, s. 9, for “under sub-section (1)” (w.e.f. 24-1-2000). 
2. Ins. by s. 10, ibid. (w.e.f. 24-1-2000). 
3. Subs. by s. 11, ibid., for Chapter IV (w.e.f. 24-1-2000). 

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(iii) between a service provider and a group of consumers: 

Provided that nothing in this clause shall apply in respect of matters relating to— 

(A) the monopolistic trade practice, restrictive trade practice and unfair trade practice which 
are  subject  to  the  jurisdiction  of  the  Monopolies  and  Restrictive  Trade  Practices  Commission 
established under sub-section (1) of section 5 of the Monopolies and Restrictive Trade Practices 
Act, 1969(54 of 1969); 

(B)  the  complaint  of  an  individual  consumer  maintainable  before  a  Consumer  Disputes 
Redressal  Forum  or  a  Consumer  Disputes  Redressal  Commission  or  the  National  Consumer 
Redressal Commission established under section 9 of the Consumer Protection Act, 1986(68 of 
1986); 

(C) the  dispute  between telegraph authority  and any  other  person  referred  to  in  sub-section 

(1) of section 7B of the Indian Telegraph Act, 1885 (13 of 1885); 

(b) hear and dispose of appeal against any direction, decision or order of the Authority under this 

Act. 

1[(c) exercise jurisdiction, powers and authority conferred on— 

(i) the Appellate Tribunal under the Information Technology Act, 2000 (21 of 2000); and 

(ii) the Appellate Tribunal under the Airports Economic Regulatory Authority of India Act, 

2008 (27 of 2008).] 

14A. Application for settlement of disputes and appeals to Appellate Tribunal.—(1) The Central 
Government  or  a  State  Government  or  a  local  authority  or  any  person  may  make  an  application  to  the 
Appellate Tribunal for adjudication of any dispute referred to in clause (a) of section 14. 

(2) The Central Government or a State Government or a local authority or any person aggrieved by 

any direction, decision or order made by the Authority may prefer an appeal to the Appellate Tribunal. 

(3) Every appeal under sub-section (2) shall be preferred within a period of thirty days from the date 
on which a copy of the direction or order or decision made by the Authority is received by the Central 
Government or the State Government or the local authority or the aggrieved person and it shall be in such 
form, verified in such manner and be accompanied by such fee as may be prescribed: 

Provided that the Appellate Tribunal may entertain any appeal after the expiry  of the said period of 

thirty days if it is satisfied that there was sufficient cause for not filing it within that period. 

(4)  On  receipt  of  an  application  under  sub-section  (1)  or  an  appeal  under  sub-section  (2),  the 
Appellate Tribunal may, after giving the parties to the dispute or the appeal an opportunity of being heard, 
pass such orders thereon as it thinks fit. 

(5) The Appellate Tribunal shall send a copy of every order made by it to the parties to the dispute or 

the appeal and to the Authority, as the case may be. 

(6) The application made under sub-section (1) or the appeal preferred under sub-section (2) shall be 
dealt  with  by  it  as  expeditiously  as  possible  and  endeavour  shall  be  made  by  it  to  dispose  of  the 
application or appeal finally within ninety days from the date 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 that 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 application or appeal and make such orders as it thinks 
fit. 

1. Ins. by Act 7 of 2017, s. 168 (w.e.f. 26-5-2017). 

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14B.  Composition  of  Appellate  Tribunal.—(1)  The  Appellate  Tribunal  shall  consist  of  a 
Chairperson  and  not  more  than  two  Members  to  be  appointed,  by  notification,  by  the  Central 
Government. 

(2) The selection of Chairperson and Members of the Appellate Tribunal shall be made by the Central 

Government in consultation with the Chief Justice of India. 

(3) Subject to the provisions of this Act,— 

(a) the jurisdiction of the Appellate Tribunal may be exercised by the Benches thereof; 

(b)  a  Bench  may  be  constituted  by  the  Chairperson  of  the  Appellate  Tribunal  with  one  or  two 

Members of such Tribunal as the Chairperson may deem fit; 

(c)  the  Benches  of  the  Appellate  Tribunal  shall  ordinarily  sit  at  New  Delhi  and  at  such  other 
places  as  the  Central  Government  may,  in  consultation  with  the  Chairperson  of  the  Appellate 
Tribunal, notify; 

(d) the Central Government shall notify the areas in relation to which each Bench of the Appellate 

Tribunal may exercise its jurisdiction. 

(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. 

14C.  Qualifications  for  appointment  of  Chairperson  and  Members.—A  person  shall  not  be 

qualified for appointment as the Chairperson or a Member of the Appellate Tribunal unless he— 

(a) in the case of Chairperson, is, or has been, a Judge of the Supreme Court or the Chief Justice 

of a High Court; 

(b)  in  the  case  of  a Member,  has held the post  of  Secretary  to the  Government  of  India or any 
equivalent post in the Central Government or the State Government for a period of not less than two 
years  or  a  person  who  is  well  versed  in  the  field  of  technology,  telecommunication,  industry, 
commerce or administration. 

14D. Term of office.—The Chairperson and every other Member of the Appellate Tribunal shall hold 

office as such for a term not exceeding three years from the date on which he enters upon his office: 

Provided that no Chairperson or other Member shall hold office as such after he has attained,— 

(a) in the case of Chairperson, the age of seventy years; 

(b) in the case of any other Member, the age of sixty-five years. 

14E. Terms and conditions of service.—The salary and allowances payable to and the other terms 
and conditions of service of the Chairperson and other Members of the Appellate Tribunal shall be such 
as may be prescribed: 

Provided that neither the salary and allowances nor the other terms and conditions of service of the 
Chairperson or a Member of the Appellate Tribunal shall be varied to his disadvantage after appointment. 

14F. Vacancies.—If, for reason other than temporary absence, any vacancy occurs in the office of the 
Chairperson or a Member of the Appellate Tribunal, the Central Government shall appoint another person 
in accordance with the provisions of this Act to fill the vacancy  and the proceedings may be continued 
before the Appellate Tribunal from the stage at which the vacancy is filled. 

14G.  Removal  and  resignation.—(1)  The  Central  Government  may  remove  from  office,  the 

Chairperson or any Member of the Appellate Tribunal, who— 

(a) has been adjudged an insolvent; or 

(b) has been convicted of an offence which, in the opinion of the Central Government, involves 

moral turpitude; or 

10 

 
(c) has become physically or mentally incapable of acting as the Chairperson or a Member; or 

(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as 

the Chairperson or a Member; or 

(e)  has  so  abused  his  position  as  to  render  his  continuance  in  office  prejudicial  to  the  public 

interest. 

(2)  Notwithstanding  anything  contained  in  sub-section  (1),  the  Chairperson  or  a  Member  of  the 
Appellate Tribunal shall not be removed from his office on the ground specified in clause (d) or clause (e) 
of that sub-section unless the Supreme Court on a reference being made to it in this behalf by the Central 
Government, has, on an enquiry, held by it in accordance with such procedure as it may specify in this 
behalf, reported that the Chairperson or a Member ought on such ground or grounds to be removed. 

(3) The Central Government may suspend from office, the Chairperson or a Member of the Appellate 
Tribunal in respect of whom a reference has been made to the Supreme Court under sub-section (2), until 
the  Central  Government  has  passed  an  order  on  receipt  of  the  report  of  the  Supreme  Court  on  such 
reference. 

1[14GA.  Qualifications,  terms  and  conditions  of  service  of  Chairperson  and  Member.—
Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries 
and allowances, resignation, removal and the other terms and conditions of service of the Chairperson and 
other Members of the Appellate Tribunal appointed after the commencement of  2[the Tribunals Reforms 
Act, 2021, shall be governed by the provisions of Chapter II of the said Act]: 

Provided  that  the  Chairperson  and  Member  appointed  before  the  commencement  of  Part  XIV  of 
Chapter VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act and the 
rules  made  there  under  as if the  provisions of section  184  of  the  Finance  Act,  2017  had not come  into 
force.] 

14H.  Staff  of  Appellate  Tribunal.—(1)  The  Central  Government  shall  provide  the  Appellate 

Tribunal with such officers and employees as it may deem fit. 

(2)  The  officers  and  employees  of  the  Appellate  Tribunal  shall  discharge  their  functions  under  the 

general superintendence of its Chairperson. 

(3) The salaries and allowances and other conditions of service of the officers and employees of the 

Appellate Tribunal shall be such as may be prescribed. 

14-I. Distribution of business amongst Benches.—Where Benches are constituted, the Chairperson 
of the Appellate Tribunal may, from time to time, by notification, make provisions as to the distribution 
of  the  business  of  the  Appellate  Tribunal  amongst  the  Benches  and  also  provide  for  the  matters  which 
may be dealt with by each Bench. 

14J. Power  of  Chairperson  to transfer  cases.—On  the application of  any  of the  parties  and  after 
notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion 
without such notice, the Chairperson of the Appellate Tribunal may transfer any case pending before one 
Bench, for disposal, to any other Bench. 

14K. Decision to be by majority.—If the Members of a Bench consisting of two Members differ in 
opinion on any point, they shall state the point or points on which they differ, and make a reference to the 
Chairperson of the Appellate Tribunal who shall hear the point or points himself and such point or points 
shall be decided according to the opinion of the majority who have heard the case, including those who 
first heard it. 

14L.  Members,  etc.,  to  be  public  servants.—The  Chairperson,  Members  and  other  officers  and 
employees of the Appellate Tribunal shall be deemed to be public servants within the meaning of section 
21 of the Indian Penal Code (45 of 1860). 

1. Ins. by Act 7 of 2017, s. 168 (w.e.f. 26-5-2017). 
2. Subs. by Act 33 of 2021, s. 20, for “Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of 

section 184 of that Act” (w.e.f. 4-4-2021). 

11 

 
                                                           
14M. Transfer of pending cases.—All applications, pending for adjudication of disputes before the 
Authority  immediately  before  the  date  of  establishment  of  the  Appellate  Tribunal  under  this  Act,  shall 
stand transferred on that date to such Tribunal: 

Provided  that  all  disputes  being  adjudicated  under  the  provisions  of  Chapter  IV  as  it  stood 
immediately  before  the  commencement  of  the  Telecom  Regulatory  Authority  of  India  (Amendment)           
Act, 2000 (2 of 2000), shall continue to be adjudicated by the Authority in accordance with the provisions 
contained in that Chapter, till the establishment of the Appellate Tribunal under this Act: 

Provided further that all cases referred to in the first proviso shall be transferred by the Authority to 

the Appellate Tribunal immediately on its establishment under section 14. 

14N. Transfer of appeals.—(1) All appeals pending before the High Court immediately before the 
commencement of the Telecom Regulatory Authority of India (Amendment) Act, 2000 (2 of 2000),shall 
stand transferred to the Appellate Tribunal on its establishment under section 14. 

(2)  Where  any  appeal  stands  transferred from  the  High  Court  to  the  Appellate Tribunal  under sub-

section (1),— 

(a) the High Court shall, as soon as may be after such transfer, forward the records of such appeal 

to the Appellate Tribunal; and 

(b) the Appellate Tribunal may, on receipt of such records, proceed to deal with such appeal, so 
far as may be from the stage which was reached before such transfer or from any earlier stage or de 
novo as the Appellate Tribunal may deem fit. 

15. Civil court not to have jurisdiction.—No civil court shall have jurisdiction to entertain any suit 
or proceeding in respect of any matter which the Appellate Tribunal is empowered by or under this Act to 
determine and no injunction shall be granted by any court or other authority in respect of any action taken 
or to be taken in pursuance of any power conferred by or under this Act. 

16. Procedure and powers of Appellate Tribunal.—(1) The Appellate Tribunal shall not be bound 
by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the 
principles of natural justice and, subject to the other provisions of this Act, the Appellate Tribunal shall 
have powers to regulate its own procedure. 

(2) The Appellate Tribunal shall have, for the purposes of discharging its functions under this Act, the 
same  powers  as  are  vested  in  a  civil court  under the Code  of  Civil  Procedure, 1908 (5  of 1908),  while 
trying a suit, in respect of the following matters, namely:— 

(a) summoning and enforcing the attendance of any person and examining him on oath; 

(b) requiring the discovery and production of documents; 

(c) receiving evidence on affidavits; 

(d)  subject  to  the  provisions  of  sections  123  and  124  of  the  Indian  Evidence  Act,  1872  (1  of 
1872), requisitioning any public record or document or a copy of such record or document, from any 
office; 

(e) issuing commissions for the examination of witnesses or documents; 

(f) reviewing its decisions; 

(g) dismissing an application for default or deciding it, ex parte; 

(h) setting aside any order of dismissal of any application for default or any order passed by it, ex 

parte; and 

(i) any other matter which may be prescribed. 

(3)  Every  proceeding  before  the  Appellate  Tribunal  shall  be  deemed  to  be  a  judicial  proceeding 
within the meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code 
(45 of 1860) and the Appellate Tribunal shall be deemed to be a civil court for the purposes of section 195 
and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). 

12 

 
17.  Right  to  legal  representation.—The  applicant  or  appellant  may  either  appear  in  person  or 
authorise  one  or  more  chartered  accountants  or  company  secretaries  or  cost  accountants  or  legal 
practitioners or any of its officers to present his or its case before the Appellate Tribunal. 

Explanation.—for the purposes of this section,— 

(a) “chartered accountant” means a chartered accountant as defined in clause (b) of sub-section 
(1)  of  section  2  of  the  Chartered  Accountants  Act,  1949  (38  of  1949)  and  who  has  obtained  a 
certificate of practice under sub-section (1) of section 6 of that Act; 

(b) “company secretary” means a company secretary as defined in clause (c) of sub-section (1) of 
section 2 of the Company Secretaries Act, 1980 (56 of 1980) and who has obtained a certificate of 
practice under sub-section (1) of section 6 of that Act; 

(c)  “cost  accountant”  means  a  cost  accountant  as  defined  in  clause  (b)  of  sub-section  (1)  of 
section  2  of  the  Cost  and  Works  Accountants  Act,  1959  (23  of  1959)  and  who  has  obtained  a 
certificate of practice under sub-section (1) of section 6 of that Act; 

(d) “legal practitioner” means an advocate, vakil or an attorney of any High Court, and includes a 

pleader in practice. 

18.  Appeal  to  Supreme  Court.—(1)  Notwithstanding  anything  contained  in  the  Code  of  Civil 
Procedure,  1908  (5  of  1908),or  in  any  other  law,  an  appeal  shall  lie  against  any  order,  not  being  an 
interlocutory  order,  of  the  Appellate  Tribunal  to  the  Supreme  Court  on  one  or  more  of  the  grounds 
specified in section 100 of that Code. 

(2) No appeal shall lie against any decision or order made by the Appellate Tribunal with the consent 

of the parties. 

(3) Every appeal under this section shall be preferred within a period of ninety days from the date of 

the decision or order appealed against: 

Provided that the Supreme Court may entertain the appeal after the expiry of the said period of ninety 
days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in 
time. 

19.Orders passed by Appellate Tribunal to  be executable as a decree.—(1) An order passed by 
the Appellate Tribunal under this Act shall be executable by the Appellate Tribunal as a decree of civil 
court, and for this purpose, the Appellate Tribunal shall have all the powers of a civil court. 

(2)  Notwithstanding  anything  contained in  sub-section(1), the  Appellate Tribunal  may  transmit  any 
order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if 
it were a decree made by that court. 

20.  Penalty  for  wilful  failure  to  comply  with  orders  of  Appellate  Tribunal.—If  any  person 
wilfully fails to comply with the order of the Appellate Tribunal, he shall be punishable with fine which 
may extend to one lakh rupees and in case of a second or subsequent offence with fine which may extend 
to two lakh rupees and in the case of continuing contravention with additional fine which may extend to 
two lakh rupees for every day during which such default continues.] 

CHAPTER V 

FINANCE, ACCOUNTS AND AUDIT 

21. Grants by Central Government.—The Central Government may, after due appropriation made 
by Parliament by law in this behalf, make to the Authority grants of such sums of money as are required 
to  pay  salaries  and  allowances  payable  to  the  Chairperson  and  the  members  and  the  administrative 
expenses  including  the  salaries,  allowances  and  pension  payable  to  or  in  respect  of  officers  and  other 
employees of the Authority. 

22. Fund.—(1) There shall be constituted a Fund to be called the Telecom Regulatory Authority of 

India General Fund and there shall be credited thereto— 

(a) all grants, fees and charges received by the Authority under this Act; and 

(b) all sums received by the Authority from such other sources as may be decided upon by the 

Central Government. 

13 

 
(2) The Fund shall be applied for meeting— 

(a) the salaries and allowances payable to the Chairperson and members and the administrative 
expenses including the salaries, allowances and pension payable to or in respect of officers and other 
employees of the Authority; and 

(b) the expenses on objects and for purposes authorised by this Act. 

23.  Accounts  and  audit.—(1)  The  Authority  shall  maintain  proper  accounts  and  other  relevant 
records and prepare an annual statement of accounts in such form as  may be prescribed by the Central 
Government in consultation with the Comptroller and Auditor-General of India. 

(2) The accounts of the Authority shall be audited by the Comptroller and Auditor-General of India at 
such intervals as may be specified by him and any expenditure incurred in connection with such auditor 
shall be payable by the Authority to the Comptroller and Auditor-General of India. 

1[Explanation.—For the removal of doubts, it is hereby declared that the decisions of the Authority 
taken in the discharge of its functions under clause (b) of sub-section (1) and sub-section (2) of section 11 
and section 13, being matters appealable to the Appellate Tribunal, shall not be subject to audit under this 
section.] 

(3)  The  Comptroller  and  Auditor-General  of  India  and  any  other  person  appointed  by  him  in 
connection with the audit of the accounts of the Authority shall have the same rights and privileges and 
authority  in  connection  with  such  audit  as  the  Comptroller  and  Auditor-General  generally  has,  in 
connection with the audit of the Government accounts and, in particular, shall have the right to demand 
the  production  of  books,  accounts,  connected  vouchers  and  other  documents  and  papers  and  to  inspect 
any of the offices of the Authority. 

(4) The accounts of the Authority as certified by the Comptroller and Auditor-General of India or any 
other  person  appointed  by  him  in  this  behalf  together  with  the  audit  report  thereon  shall  be  forwarded 
annually  to  the  Central  Government  and  that  Government  shall  cause  the  same  to  be  laid  before  each 
House of Parliament. 

24.  Furnishing  of  returns,  etc.,  to  Central  Government.—(1)  The  Authority  shall  furnish  to  the 
Central Government at such time and in  such form and manner as may be prescribed or as the Central 
Government  may  direct,  such  returns  and  statements  and  such  particulars  in  regard  to  any  proposed  or 
existing programme for the promotion and development of the telecommunication services, as the Central 
Government may from time to time, require. 

(2) The Authority shall prepare once every year in such form and at such time as may be prescribed, 
an annual report giving a summary of its activities during the previous year and copies of the report shall 
be forwarded to the Central Government. 

(3)  A  copy  of  the  report  received  under  sub-section  (2)  shall  be  laid,  as  soon  as  may  be  after  it  is 

received, before each House of Parliament. 

CHAPTER VI 

MISCELLANEOUS 

25. Power of Central Government to issue directions.—(1) The Central Government may, from to 
time  to  time,  issue  to  the  Authority  such  directions  as  it  may  think  necessary  in  the  interest  of  the 
sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public 
order, decency or morality. 

(2) Without prejudice to the foregoing provisions, the Authority shall, in exercise of its powers or the 
performance  of  its  functions,  be  bound  by  such  directions  on  questions  of  policy  as  the  Central 
Government may give in writing to it from time to time:  

Provided that the Authority shall, as far as practicable, be given an opportunity to express its views 

before any direction is given under this sub-section. 

(3) The decision of the Central Government whether a question is one of policy or not shall be final. 

1. Ins. by Act 2 of 2000, s. 12 (w.e.f. 24-1-2000). 

14 

 
                                                           
26. Members, officers and employees of Authority to be public servants.—All members, officers 
and other employees of the Authority shall be deemed, when acting or purporting to act in pursuance of 
any  of  the  provisions  of  this  Act  to  be  public  servants  within  the  meaning  of  section  21  of  the  Indian 
Penal Code (45 of 1860). 

27.  Bar  of  jurisdiction.—No  civil  court  shall  have  jurisdiction  in  respect  of  any  matter  which  the 

Authority is empowered by or under this Act to determine. 

28. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall 
lie against the Central Government or the Authority or any officer of Central Government or any member, 
officer  or  other  employees  of the  Authority  for  anything  which is in  good  faith done  or  intended to  be 
done under this Act or the rules or regulations made there under. 

29.  Penalty  for  contravention  of  directions  of  Authority.—If  a  person  violates  directions  of  the 
Authority, such person shall be punishable with fine which may extend to one lakh rupees and in case of 
second  or  subsequent  offence  with  fine  which  may  extend  to  two  lakh  rupees  and  in  the  case  of 
continuing contravention with additional fine which may extend to two lakh rupees for every day during 
which the default continues. 

30.  Offences  by  companies.—(1)  Where  an  offence  under  this  Act  has  been  committed  by  a 
company, every person who at the time the offence was committed was in charge of, and was responsible 
to, the company for the conduct of the business of the company, as well as the company, shall be deemed 
to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: 

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment provided in this Act if he proves that the offence was committed without his knowledge or 
that he has exercised all due diligence to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been 
committed  by  a  company  and  it  is  proved  that  the  offence  has  been  committed  with  the  consent  or 
connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other 
officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty 
of the offence and shall be liable to be proceeded against and punished accordingly. 

Explanation.—For the purposes of this section,— 

(a) “company” means anybody corporate and includes a firm or other association of individuals; 

and 

(b) “director”, in relation to a firm, means a partner in the firm. 

31.  Offences  by  Government  Departments.—(1)  Where  an  offence  under  this  Act  has  been 
committed by any Department of Government, the Head of the Department shall be deemed to be guilty 
of the offence and shall be liable to be proceeded against and punished accordingly unless he proves that 
the  offence  was committed  without  his  knowledge  or  that  he  exercised  all  due diligence to  prevent the 
commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been 
committed by a Department of Government and it is proved that the offence has been committed with the 
consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the Head 
of the Department, such officer shall also be deemed to be guilty of that offence and shall be liable to be 
proceeded against and punished accordingly. 

32.  Exemption  from  tax  on  wealth  and  income.—Notwithstanding  anything  contained  in  the 
Wealth-tax Act, 1957 (27 of 1957), the Income-tax Act, 1961 (43 of 1961), or any other enactment for the 
time being in force relating to tax on wealth, income, profits or gains, the Authority shall not be liable to 
pay wealth-tax, income-tax or any other tax in respect of their wealth, income, profits or gains derived. 

33. Delegation.—The Authority may, by general or special order in writing, delegate to any member, 
officer of the Authority or any other person subject to such conditions, if any, as may be specified in the 
order, such of its powers and functions under this Act (except the power to settle dispute under Chapter 
IV and to make regulation under section 36) as it may deem necessary. 

15 

 
34.  Cognizance  of  offences.—(1)  No  court  shall  take  cognizance  of  any  offence  punishable  under 

this Act or the rules or regulations made thereunder, save on a complaint made by the Authority. 

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

class shall try any offence punishable under this Act. 

35.  Power  to  make  rules.—(1)  The  Central  Government  may,  by  notification,  make  rules  for 

carrying out the purposes of this Act. 

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

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

(a) the salary and allowances payable to and the other conditions of  service of the Chairperson 

and members under sub-section (5) of section 5; 

1[(aa) the allowances payable to the part-time members under sub-section (6A) of section 5;] 
(b) the powers and functions of the Chairperson under sub-section (1) of section 6; 
(c) the procedure for conducting an inquiry made under sub-section (2) of section 7; 
2[(ca) the salary and allowances and other conditions of service of officers and other employees 

of the Authority under sub-section (2) of section 10;] 

(d)  the  category  of  books  of  account  or  other  documents  which  are  required  to  be  maintained 

under sub-section (3) of section 12; 

1[(da) the form, the manner of its verification and the fee under sub-section (3) of section 14A; 
(db)  the  salary  and  allowances  payable  to  and  other  terms  and  conditions  of  service  of  the 

Chairperson and other Members of the Appellate Tribunal under section 14E; 

(dc) the salary and allowances and other conditions of service of the officers and employees of 

the Appellate Tribunal under sub-section (3) of section 14H; 

(dd) any other power of a civil court required to be prescribed under clause (i) of sub-section (2) 

of section 16;] 

(e) the period within which an application is to be made under sub-section (1) of section 15; 
(f) the manner in which the accounts of the Authority shall be maintained under sub-section (1) of 

section 23; 

(g) the time within which and the form and manner in which returns and report are to be made to 

the Central Government under sub-sections (1) and (2) of section 24; 

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

be made, by rules. 
36.  Power  to  make  regulations.—(1)  The  Authority  may,  by  notification,  make  regulations 

consistent with this Act and the rules made thereunder to carry out the purposes of this Act. 

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

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

(a) the times and places of meetings of the Authority and the procedure to be followed at such 
meetings  under  sub-section  (1)  of  section  8,  including  quorum  necessary  for  the  transaction  of 
business; 

(b) the transaction of business at the meetings of the Authority under sub-section (4) of section 8; 
3* 
(d) matters in respect of which register is to be maintained by the Authority  4[under sub-clause 

* 

* 

* 

* 

(vii) of clause (b)] of sub-section (1) of section 11; 

(e) levy of fee and lay down such other requirements on fulfilment of which a copy of register 

may be obtained 5[under sub-clause (viii) of clause (b)] of sub-section (1) of section 11; 

1. Ins. by Act 2 of 2000, s. 13 (w.e.f. 24-1-2000). 
2. Ins. by Act 2 of 2000, s. 13 (w.e.f. 24-1-2000). 
3. Clause (c) omitted by s. 14, ibid. (w.e.f. 24-1-2000). 
4. Subs. by s. 14, ibid., for “under clause (l)” (w.e.f. 24-1-2000). 
5. Subs. by s. 14, ibid., for “under clause (m)” (w.e.f. 24-1-2000). 

16 

 
 
 
 
 
 
 
 
 
                                                           
(f) levy of fees and other charges 1[under clause (c)] of sub-section (1) of section 11; 

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

38. Application of certain laws.—The provisions of this Act shall be in addition to the provisions of 
the Indian Telegraph Act, 1885 (13 of 1885) and the Indian Wireless Telegraphy Act, 1933 (17 of 1933) 
and,  in  particular, nothing  in  this  Act  shall  affect any jurisdiction,  powers  and  functions required to  be 
exercised or performed by the Telegraph Authority in relation to any area falling within the jurisdiction of 
such Authority. 

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

Provided that no order shall be made under this section after the expiry of two years from the date of 

commencement of this Act. 

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

House of Parliament. 

40. Repeal and saving.—(1) The Telecom Regulatory Authority of India Ordinance 1997 (Ord. 11 of 

1997) is hereby repealed. 

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be 

deemed to have been done or taken under the corresponding provisions of this Act. 

5. Subs. by Act 2 of 2000, s. 14, for “under clause (p)” (w.e.f. 24-1-2000). 

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