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).
15
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.
16
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;
1
[(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;
2* * * * *
(d) matters in respect of which register is to be maintained by the Authority 3
[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 4
[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. Clause (c) omitted by s. 14, ibid. (w.e.f. 24-1-2000).
3. Subs. by s. 14, ibid., for “under clause (l)” (w.e.f. 24-1-2000).
4. Subs. by s. 14, ibid., for “under clause (m)” (w.e.f. 24-1-2000).
17
(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.