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 25 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; 
[(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 Indian Telegraph Act, 1885 (13 of 1885) for providing 
specified public telecommunication services; 
[(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 subsection (3) of section 3 and includes the Chairperson and the ViceChairperson; 
 (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 [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 signs, signals, writing, images 
and sounds or intelligence of any nature, by wire, radio, visual or 
other electro-magnetic mean but shall not include broadcasting 
services; 
 [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.

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.
 [(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.
 

4. Qualification 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.
 [(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, 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 [selection as the 
Chairperson or whole-time member] shall have to retire from service 
before [joining as the Chairperson or a whole-time member.]
 (5) The salary and allowances payable to and the other terms and 
conditions of service of the Chairperson and [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.
 [(6A) The part-time members shall receive such allowances as may 
be prescribed.]
(7) Notwithstanding anything contained in sub-section (2) [* * * *], 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. 
 (8) The Chairperson or any [whole-time member] ceasing to hold 
office as such, shall—
 (a) be ineligible for further employment under the Central 
Government or any State Government; or 
 (b) not accept any commercial employment, for a period of [one year] 
from the date he ceases to hold such office: 
 [Provided that nothing contained in this sub-section shall apply to the 
Chairperson or a member who has ceased to hold office under subsection (3)
and such Chairperson or member shall be eligible for reappointment in the Authority or appointment in the Appellate Tribunal.]
 (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.
 Explanation.—For the purposes of this section, ‘commercial 
employment’ means employment in any capacity under, or agency of, a
person engaged in trading, commercial, industrial or financial business in 
any field and includes also a director of a company or partner of a firm 
and it also includes setting up practice either independently or as partner 
of a firm or as an adviser or a consultant.

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 presecrined.
 (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. 
 [(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 meeting) as may be 
provided by Regulations.
 (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 preside 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 [prescribed]:
 [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, shall 
cease to have effect immediately on the notification of rules made under 
clause (ca) of sub-section (2) of section 35.]

11. Functions of Authority.— [(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 licence 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 improvement 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, fix the terms and conditions of inter-connectivity 
between the service providers; 
 (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 
telecommunications 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 interconnect 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 subclauses (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.
 (3) While discharging its functions [under sub-section (1) or subsection (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 found 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, 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:
 [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.]

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; 
(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) 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.

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 deposing 
of such application or appeal and make such orders as it thinks fit.

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 
 (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

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 
such officers and employees of the Appellate Tribunal shall be such as 
may be prescribed

14I. Distribution of business among 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).

14M. Transfer of pending cases—All applications, pending for 
adjudication of dispute 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 
TRAI (Amendment) Act, 2000, shall continued to be adjudicated by the 
Authority in accordance with the provisions, contained in that Chapter, till 
the establishment of the Appellate Tribunal under the said 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 TRAI (Amendment) 
Act, 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 transfers 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 proceedings 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. Procedures 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).

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

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.]

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. 
 (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.
 [Explanation,—For the removal of doubts, it is hereby declared that 
the decision of the Authority taken in 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 
persons 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 the 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 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.

25. Power of Central Government to issue directions.—(1) The 
Central Government may, from 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.

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 thereunder.

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 any body 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.—(1) 
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.

34. Congnizance 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; 
[(aa) the allowances payable to the part-time members under subsection (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. 
[(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; 
[(da) the form, the manner of its verification and the fee under subsection (3) of section 14A; 
(db) the salary and allowances payable to and other terms and 
conditions of service of the Chairp3erson 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 subsection (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 subsection (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 subsections (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; 
[(c) * * *] 
 (d) matters in respect of which register is to be maintained by the 
Authority [under sub-clause (vii) of clause (b)] of sub-section (1) of 
section 1]; 
 (e) levy of fee and lay down such other requirements on fulfilment of 
which a copy of register may be obtained [under sub-clause (viii) 
of clause (b) of sub-section (1) of section 11; 
 (f) levy of fees and other charges [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 and 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 (Ordinance 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.