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THE TELECOMMUNICATIONS ACT, 2023
NO. 44 OF 2023
[24th December, 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:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Telecommunications 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 date as the Central Government may, by
notification in the Official Gazette, appoint and different dates may be appointed for
different provisions of this Act and any reference in any such provision to the
commencement of this Act shall be construed as a reference to the commencement of
that provision.
Short title,
extent and
commencement.
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EXTRAORDINARY
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PART II — Section 1
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PUBLISHED BY AUTHORITY
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NEW DELHI, SUNDAY, DECEMBER 24, 2023/PAUSHA 3, 1945 (SAKA)
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Separate paging is given to this Part in order that it may be filed as a separate compilation.
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REGISTERED NO. DL—(N)04/0007/2003—23
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 24th December, 2023/Pausha 3, 1945 (Saka)
The following Act of Parliament received the assent of the President on the
24th December, 2023 and is hereby published for general information:—
सी.जी.-डी.एल.-अ.-24122023-250880
CG-DL-E-24122023-250880
2
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II—
2. 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;
(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 electromagnetic 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 combination thereof, used to identify uniquely a user, a
Definitions.
SEC. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
3
telecommunication service, a telecommunication network, elements of a
telecommunication network, telecommunication equipment, or an authorised entity;
(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. (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.
(2) The Central Government may while making rules under sub-section (1) provide
for different terms and conditions of authorisation for different types of
telecommunication services, 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 or the Indian Wireless Telegraphy Act, 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 under the Indian Telegraph Act, 1885 or the Indian Wireless Telegraphy
Act, 1933, in respect of provision of telecommunication services or telecommunication
network—
(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.
Authorisation.
13 of 1885.
17 of 1933.
13 of 1885.
17 of 1933.
4
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II—
(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. (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;
(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 and the Indian Wireless Telegraphy Act, 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.
Assignment
of spectrum.
13 of 1885.
17 of 1933.
SEC. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
5
(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. 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. 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. (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.
8. (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 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. 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
Re-farming
and
harmonisation.
Technologically
neutral use of
spectrum.
Optimal
utilisation of
spectrum.
Establishment
of monitoring
and
enforcement
mechanism.
No refund of
fees.
Definition of
terms used in
this Chapter.
6
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II—
(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. (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.
(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. (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.
Right of way
for
telecommunication
network in
public property.
Right of way
for
telecommunication
network on
property not
covered under
section 11.
SEC. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
7
(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 facility provider shall be permitted
the right of way to establish, operate, maintain such 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. 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. (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.
(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. (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.
Non-
discriminatory
and non-
exclusive grant
of right of way.
Telecommunication
network distinct
from property
on which it is
installed.
Power of
Central
Government to
establish
common ducts
and cable
corridors.
8
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II—
16. (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. (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.
(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. (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.
Removal,
relocation or
alteration of
telecommunication
network.
Notice to
facility
provider.
Dispute
resolution
relating to this
Chapter.
SEC. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
9
(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. The Central Government may notify standards and conformity assessment
measures in respect of—
(a) telecommunication equipment, telecommunication identifiers and
telecommunication network;
(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. (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—
(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
Power to
notify
standards.
Provisions for
public
emergency or
public safety.
10
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II—
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. 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.
22. (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 in 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.
(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.
Measures for
national
security, etc.
Protection of
telecommunication
network and
telecommunication
services.
SEC. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
11
23. 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. (1) The Universal Service Obligation Fund created under the Indian Telegraph
Act, 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. 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. The Digital Bharat Nidhi shall be administered in a manner, as may be
prescribed.
CHAPTER VI
INNOVATION AND TECHNOLOGY DEVELOPMENT
27. 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.
Power to give
directions.
Establishment
of Digital
Bharat Nidhi.
13 of 1885.
Crediting of
sum to
Consolidated
Fund of India.
Administration
of Digital
Bharat Nidhi.
Regulatory
sandbox.
12
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II—
CHAPTER VII
PROTECTION OF USERS
28. (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. 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. (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.
CHAPTER VIII
ADJUDICATION OF CERTAIN CONTRAVENTIONS
31. 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. (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:—
Measures for
protection of
users.
Duty of users.
Dispute
resolution
mechanism to
redress user
grievances.
35 of 2019.
Definitions of
terms used in
this Chapter.
Breach of
terms and
conditions of
authorisation
or assignment.
SEC. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
13
(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. (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.
34. (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.
Contraventions
of Act.
Voluntary
undertaking
for
contraventions.
14
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II—
(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. (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. (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.
37. (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 sections 193 and 228 of the Indian Penal Code.
38. 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.
Adjudicating
Officer.
Designated
Appeals
Committee.
Process to be
followed by
Adjudicating
Officer and
Designated
Appeals
Committee.
Enforcement.
45 of 1860.
SEC. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
15
39. 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, 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. 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. 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. (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" shall have the same meaning as assigned
to it under section 416 of the Indian Penal Code;
(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;
(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,
Appeals on
matters
relating to
section 32.
Appeals on
matters
relating to
section 33.
Jurisdiction of
civil court
barred.
General
provisions
relating to
offences.
24 of 1997.
45 of 1860.
16
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II—
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,
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. 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. 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. 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.
46. 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, aircrafts registered under the Aircraft Act, 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. 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.
2 of 1974.
Power to
search.
Supply of
information
to authorised
officers.
Creation of
security
interests.
Certification
of person for
operation of
radio
equipment on
a vessel or
aircraft.
Certification
for amateur
station
operator.
44 of 1958.
22 of 1934.
SEC. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
17
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. 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. (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. 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. 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. (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. 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. 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 under sub-section (4) of
section 65B of the Indian Evidence Act, 1872, except as required by order of the Court
or a Judge made for special cause.
55. 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, and applicable international laws as accepted and ratified by India.
56. (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.
Prohibition of
use of
equipment
which blocks
telecommuni-
cation.
Penalties not
to affect other
liabilities.
Act to apply
for offence or
contravention
committed
outside India.
Protection of
action taken
in good faith.
Consistency
with other
laws.
Implementation
of Act.
Employee of
authorised
entity not to
be compelled
to appear as
witness.
Rights in
Continental
Shelf and
Exclusive
Economic
Zone.
Power of
Central
Government
to make rules.
80 of 1976.
1 of 1872.
18
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II—
(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 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;
SEC. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
19
(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.
(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
20
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II—
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. (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. (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. 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 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 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:—
'(k) "telecommunication services" means any service for
telecommunication;';
Power of
Central
Government
to amend
Schedules.
Power to
remove
difficulties.
Amendment
to Act 24 of
1997.
7 of 1995.
7 of 1995.
SEC. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
21
(ii) in sub-section (2), for the words and figures "the Indian Telegraph
Act, 1885 or the Indian Wireless Telegraphy Act, 1933", the words, figures
and brackets "the Telecommunications Act, 2023 or the Cable Television
Networks (Regulation) Act, 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", the
words, figures and brackets "Telecommunications Act, 2023 or the
Cable Television Networks (Regulation) Act, 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", the
words, figures and brackets "Telecommunications Act, 2023 or the
Cable Television Networks (Regulation) Act, 1995" shall be
substituted;
13 of 1885.
7 of 1995.
13 of 1885.
17 of 1933.
7 of 1995.
13 of 1885.
7 of 1995.
22
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II—
(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 to competition, long term development and the
overall health of the telecommunication sector.";
(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 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. 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. (1) Subject to the other provisions of this section, the enactments namely, the
Indian Telegraph Act, 1885, and the Indian Wireless Telegraphy Act, 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 shall continue to
apply to all cases pertaining to laying down of transmission lines under section 164 of
the Electricity Act, 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.
Repeal of
certain Acts
and savings.
36 of 2003.
13 of 1885.
17 of 1933.
24 of 1997.
13 of 1885.
Application of
certain laws.
SEC. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
23
61. All rules, orders, made or purported to have been made under the Indian
Telegraph Act, 1885 or under the Indian Wireless Telegraphy Act, 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. 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, or the Indian Wireless
Telegraphy Act, 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 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.
Validation of
certain acts
and indemnity.
Existing rules
to continue.
13 of 1885.
17 of 1933.
13 of 1885.
17 of 1933.
24
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II—
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.
SEC. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
25
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
Up to Rs. 5 Crore
Major
Up to Rs. 1 Crore
Moderate
Up to Rs. 10 lakh
Minor
Up to Rs. 1 lakh
Non-severe
Written warning.
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. (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;
(b) Use of subscriber identity modules in
excess of number notified.
2. Use by any person or entity of a
telecommunication
service
or
telecommunication network knowing or
having reason to believe that such
telecommunication
service
or
telecommunication network does not have
the required authorisation under this Act.
3. Contravention of the provisions of
section 28 (Measures for protection of
users).
4. 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.
First Offence: Civil penalty up to fifty
thousand rupees.
Each subsequent offence: Civil penalty up
to two lakh rupees for each such instance.
Civil penalty up to ten lakh rupees.
First Offence: Civil penalty up to fifty
thousand rupees.
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.
—————
S.K.G. RAHATE,
Secretary to the Govt. of India.
MGIPMRND—530GI(S3)—24-12-2023.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
26
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II— SEC. 1]
Kshitiz Mohan
Digitally signed by Kshitiz Mohan
DN: c=IN, st=Delhi,
2.5.4.20=e8b886a9336825f4d863142c634f2f25e2e76d2f0b5f069af1775
fa98f7ccdab, postalCode=110002, street=Minto Road New Delhi,
pseudonym=5c90ab0ba7a48905de2428b65504151c,
serialNumber=0a5dc5b84f902a7bf2d6ed41c0c26429a0d4d5848dd23e
b18886abaeea31b247, ou=Deputy Manager, o=Government of India
Press, cn=Kshitiz Mohan
Date: 2023.12.24 21:59:48 +05'30'
