B.S.N.L vs Telecom Regulatory Auth.Of India & Ors on 6 December, 2013

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), 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.

(3) While discharging its functions under sub-section (1), or sub-

section (2) the Authority shall not act against the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality.

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

12. Powers of Authority to call for information, conduct investigations, etc. - (1) Where the Authority considers it expedient so to do, it may, by order in writing,-

22. A comparative statement of the relevant provisions of the unamended and amended Acts is given below:

|UNAMENDED ACT                      |AMENDED ACT                         |
|PREAMBLE                           |PREAMBLE                            |
|An Act to provide for the          |An Act to provide for the           |
|establishment of the Telecom       |establishment of the Telecom        |

|Regulatory Authority of India to |Regulatory Authority of India and | |regulate the telecommunication |the Telecom Disputes Settlement and | |services, and for matters connected|Appellate Tribunal to regulate the | |therewith or incidental thereto. |telecommunication services, | | |adjudicate disputes, dispose of | | |appeals and to protect the interests| | |of service providers and consumers | | |of the telecom sector, to promote | | |and ensure orderly growth of the | | |telecom sector and for matters | | |connected therewith or incidental | | |thereto. | |Section 3. |Section 3 | |Establishment and incorporation of |Establishment and incorporation of | |Authority.-(1) With effect from |Authority.-(1) With effect from such| |such date as the Central Government|date as the Central Government may, | |may, by notification appoint, there|by notification appoint, there shall| |shall be established, for the |be established, for the purposes of | |purposes of this Act, an Authority |this Act, an Authority to be called | |to be called the Telecom Regulatory|the Telecom Regulatory Authority of | |Authority of India. |India. | |(2) The Authority shall be a body |(2) The Authority shall be a body | |corporate by the name aforesaid, |corporate by the name aforesaid, | |having perpetual succession and a |having perpetual succession and a | |common seal, with power, subject to|common seal, with power, subject to | |the provisions of this Act, to |the provisions of this Act, to | |acquire, hold and dispose of |acquire, hold and dispose of | |property, both movable and |property, both movable and | |immovable, and to contract, and |immovable, and to contract, and | |shall, by the said name, sue or be |shall, by the said name, sue or be | |sued. |sued. | |(3) The Authority shall consist of |(3) The Authority shall consist of a| |a Chairperson, and not less than |Chairperson, and not more than two | |two, but not exceeding six members,|whole-time members and not more than| |to be appointed by the Central |two part-time members, to be | |Government. |appointed by the Central Government.| |(4) The head office of the |(4) The head office of the Authority| |Authority shall be at New Delhi. |shall be at New Delhi. | |Section 11. |Section 11. | |Functions of Authority.-(1) |Functions of Authority.-(1) | |Notwithstanding anything contained |Notwithstanding anything contained | |in the Indian Telegraph Act, 1885 |in the Indian Telegraph Act, 1885 | |the functions of the Authority |(13 of 1885), the functions of the | |shall be to- |Authority shall be to- | |recommend the need and timing for |make recommendations, either suo | |introduction of new service |motu or on a request from the | |provider; |licensor, on the following matters, | |recommend the terms and conditions |namely:- | |of licence to a service provider; |need and timing for introduction of | |ensure technical compatibility and |new service provider; | |effective inter-connection between |terms and conditions of licence to a| |different service providers; |service provider; | |regulate arrangement amongst |revocation of licence for | |service providers of sharing their |non-compliance of terms and | |revenue derived from providing |conditions of licence; | |telecommunication services; |measures to facilitate competition | |ensure compliance of terms and |and promote efficiency in the | |conditions of licence; |operation of telecommunication | |recommend revocation of licence for|services so as to facilitate growth | |non-compliance of terms and |in such services; | |conditions of licence; |technological improvements in the | |lay down and ensure the time period|services provided by the service | |for providing local and long |providers; | |distance circuits of |type of equipment to be used by the | |telecommunication between different|service providers after inspection | |service providers; |of equipment used in the network; | |facilitate competition and promote |measures for the development of | |efficiency in the operation of |telecommunication technology and any| |telecommunication services so as to|other matter relatable to | |facilitate growth in such services;|telecommunication industry in | |protect the interest of the |general; | |consumers of telecommunication |efficient management of available | |service; |spectrum; | |monitor the quality of service and |discharge the following functions, | |conduct the periodical survey of |namely:- | |such provided by the service |ensure compliance of terms and | |providers; |conditions of licence; | |inspect the equipment used in the |notwithstanding anything contained | |network and recommend the type of |in the terms and conditions of the | |equipment to be used by the service|licence granted before the | |providers; |commencement of the Telecom | |maintain register of interconnect |Regulatory Authority of India | |agreements and of all such other |(Amendment) Act, 2000, fix the terms| |matters as may be provided in the |and conditions of inter-connectivity| |regulations; |between the service providers; | |keep register maintained under |ensure technical compatibility and | |clause (l) open for inspection to |effective inter-connection between | |any member of public on payment of |different service providers; | |such fee and compliance of such |regulate arrangement amongst service| |other requirements as may be |providers of sharing their revenue | |provided in the regulations; |derived from providing | |settle disputes between service |telecommunication services; | |providers; |lay-down the standards of quality of| |render advice to the Central|service to be provided by the | |Government in the matters relating |service providers and ensure the | |to the development of |quality of service and conduct the | |telecommunication technology and |periodical survey of such service | |any other matter relatable to |provided by the service providers so| |telecommunication industry in |as to protect interest of the | |general; |consumers of telecommunication | |levy fees and other charges at such|service; | |rates and in respect of such |lay-down and ensure the time period | |services as may be determined by |for providing local and long | |regulations; |distance circuits of | |ensure effective compliance of |telecommunication between different | |universal service obligations; |service providers; | |perform such other functions |maintain register of interconnect | |including such administrative and |agreements and of all such other | |financial functions as may be |matters as may be provided in the | |entrusted to it by the Central |regulations; | |Government or as may be necessary |keep register maintained under | |to carry out the provisions of this|clause (vii) open for inspection to | |Act. |any member of public on payment of | |(2) Notwithstanding anything |such fee and compliance of such | |contained in the Indian Telegraph |other requirement as may be provided| |Act, 1885, the Authority may, from |in the regulations; | |time to time, by order, notify in |ensure effective compliance of | |the Official Gazette the rates at |universal service obligations; | |which the telecommunication |levy fees and other charges at such | |services within India and outside |rates and in respect of such | |India shall be provided under this |services as may be determined by | |Act including the rates at which |regulations; | |messages shall be transmitted to |perform such other functions | |any country outside India; |including such administrative and | |Provided that the Authority may |financial functions as may be | |notify different rates for |entrusted to it by the Central | |different persons or class of |Government or as may be necessary to| |persons for similar |carry out the provisions of this | |telecommunication services and |Act: | |where different rates are fixed as |Provided that the recommendations of| |aforesaid the Authority shall |the Authority specified in clause | |record the reasons therefor. |(a) of this sub-section shall not be| |(3) While discharging its functions|binding upon the Central Government:| |under sub-section (1), the |Provided further that the Central | |Authority shall not act against the|Government shall seek the | |interest of the sovereignty and |recommendations of the Authority in | |integrity of India, the security of|respect of matters specified in | |the State, friendly relations with |sub-clauses (i) and (ii) of clause | |foreign States, public order, |(a) of this sub-section in respect | |decency or morality. |of new licence to be issued to a | |(4) The Authority shall ensure |service provider and the Authority | |transparency while exercising its |shall forward its recommendations | |powers and discharging its |within a period of sixty days from | |functions. |the date on which that Government | | |sought the recommendations: | | |Provided also that the Authority may| | |request the Central Government to | | |furnish such information or | | |documents as may be necessary for | | |the purpose of making | | |recommendations under sub-clauses | | |(i) and (ii) of clause (a) of this | | |sub-section and that Government | | |shall supply such information within| | |a period of seven days from receipt | | |of such request: | | |Provided also that the Central | | |Government may issue a licence to a | | |service provider if no | | |recommendations are received from | | |the Authority within the period | | |specified in the second proviso or | | |within such period as may be | | |mutually agreed upon between the | | |Central Government and the | | |Authority: | | |Provided also that if the Central | | |Government having considered that | | |recommendation of the Authority, | | |comes to a prima facie conclusion | | |that such recommendation cannot be | | |accepted or needs modifications, it | | |shall, refer the recommendation back| | |to the Authority for its | | |reconsideration, and the Authority | | |may within fifteen days from the | | |date of receipt of such reference, | | |forward to the Central Government | | |its recommendation after considering| | |the reference made by that | | |Government. After receipt of further| | |recommendation if any, the Central | | |Government shall take a final | | |decision. | | |(2) Notwithstanding anything | | |contained in the Indian Telegraph | | |Act, 1885 (13 of 1885), the | | |Authority may, from time to time, by| | |order, notify in the Official | | |Gazette the rates at which the | | |telecommunication services within | | |India and outside India shall be | | |provided under this Act including | | |the rates at which messages shall be| | |transmitted to any country outside | | |India: | | |Provided that the Authority may | | |notify different rates for different| | |persons or class of persons for | | |similar telecommunication services | | |and where different rates are fixed | | |as aforesaid the Authority shall | | |record the reasons therefor. | | |(3) While discharging its functions | | |under sub-section (1) or sub-section| | |(2) the Authority shall not act | | |against the interest of the | | |sovereignty and integrity of India, | | |the security of the State, friendly | | |relations with foreign States, | | |public order, decency or | | |morality. | | |(4) The Authority shall ensure | | |transparency while exercising its | | |powers and discharging its | | |functions. | |Section 13 | | |Powers of Authority to issue |Section 13 | |directions.- The Authority may, for|Power of Authority to issue | |the discharge of its functions |directions.- The Authority may, for | |under sub-section (1) of section |the discharge of its functions under| |11, issue such directions from time|sub-section (1) of section 11, issue| |to time to the service providers, |such directions from time to time to| |as it may consider necessary. |the service providers, as it may | | |consider necessary: | | |Provided that no direction under | | |subsection (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. | |CHAPTER IV |CHAPTER IV | |SETTLEMENT OF DISPUTES |APPELLATE TRIBUNAL | |Section 14. |Section 14. | |Authority to settle disputes.- (1) |Establishment of Appellate | |If a dispute arises, in respect of |Tribunal.– The Central Government | |matters referred to in sub-section |shall, by notification, establish an| |(2), among service providers or |Appellate Tribunal to be known as | |between service providers and a |the Telecom Disputes Settlement and | |group of consumers, such disputes |Appellate Tribunal to— | |shall be adjudicated by a bench |(a) adjudicate any dispute— | |constituted by the Chairperson and |(i) between a licensor and a | |such bench shall consist of two |licensee; | |members: |(ii) between two or more service | |Provided that if the members of the|providers; | |bench differ on any point or points|(iii) between a service provider and| |they shall state the point or |a group of consumers: | |points on which they differ and |Provided that nothing in this clause| |refer the same to a third member |shall apply in respect of matters | |for hearing on such point or points|relating to— | |and such point or points shall be |(A) the monopolistic trade practice,| |decided according to the opinion of|restrictive trade practice and | |that member. |unfair trade practice which are | |(2) The bench constituted under |subject to the jurisdiction of the | |sub-section (1) shall exercise, on |Monopolies and Restrictive Trade | |and from the appointed day all such|Practices Commission established | |jurisdiction , powers and authority|under subsection (1) of section 5 of| |as were exercisable immediately |the Monopolies and Restrictive Trade| |before that date by any civil court|Practices Act, 1969 (54 of 1969); | |on any matter relating to- |(B) the complaint of an individual | |(i) technical compatibility and |consumer maintainable before a | |interconnections between service |Consumer Disputes Redressal Forum or| |providers; |a Consumer Disputes Redressal | |(ii) revenue sharing arrangements |Commission or the National Consumer | |between different service |Disputes? Redressal Commission | |providers; |established under section 9 of the | |(iii) quality of telecommunication |Consumer Protection Act, 1986 (68 of| |services and interest of consumers:|1986); | |Provided that nothing in this |(C) dispute between telegraph | |sub-section shall apply in respect |authority and any other person | |of matters relating to- |referred to in sub-section (1) of | |(a) the monopolistic trade |section 7B of the Indian Telegraph | |practice, restrictive trade |Act, 1885 (13 of 1885); | |practice and unfair trade practice |(b) hear and dispose of appeal | |which are subject to the |against any direction, decision or | |jurisdiction of the Monopolies and |order of the Authority under this | |Restrictive Trade Practices |Act. | |Commission established under |Section 14A - Application for | |subsection (1) of Section 5 of the |settlement of disputes and appeals | |Monopolies and Restrictive Trade |to Appellate Tribunal | |Practices Act, 1969 (54 of 1969); |(1) The Central Government or a | |(b) the complaint of an individual |State Government or a local | |consumer maintainable before a |authority or any person may make an | |Consumer Disputes Redressal Forum |application to the Appellate | |or a Consumer Disputes Redressal |Tribunal for adjudication of any | |Commission or the National Consumer|dispute referred to in clause (a) of| |Disputes? Redressal Commission |section 14. | |established under section 9 of the |(2) The Central Government or a | |Consumer Protection Act, 1986 (68 |State Government or a local | |of 1986); |authority or any person aggrieved by| |(c) dispute between telegraph |any direction, decision or order | |authority and any other person |made by the Authority may prefer an | |referred to in sub-section (1) of |appeal to the Appellate Tribunal. | |section 7-B of the Indian Telegraph|(3) Every appeal under sub-section | |Act, 1885 (13 of 1885). |(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 | | |subsection (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. | | |Section 14M - Transfer of pending | | |cases | | |All applications, pending for | | |adjudication of disputes before the | | |Authority immediately before the | | |date of establishment of the | | |Appellate Tribunal under this Act, | | |shall stand transferred on that date| | |to such Tribunal: | | |Provided that all disputes being | | |adjudicated under the provisions of | | |Chapter IV as it stood immediately | | |before the commencement of the | | |Telecom Regulatory Authority of | | |India (Amendment) Act, 2000, shall | | |continue to be adjudicated by the | | |Authority in accordance with the | | |provisions, contained in that | | |Chapter, till the establishment of | | |the Appellate Tribunal under 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. | | | | | |Section 14N - Transfer of appeals | | |(1) All appeals pending before the | | |High Court immediately before the | | |commencement of the Telecom | | |Regulatory Authority of India | | |(Amendment) Act, 2000, shall stand | | |transferred to the Appellate | | |Tribunal on its establishment under | | |section | | |14. | | |(2) Where any appeal stands | | |transferred from the High Court to | | |the | | |Appellate Tribunal under sub-section| | |(1),— | | |(a) the High Court shall, as soon as| | |may be after such transfer, forward | | |the | | |records of such appeal to the | | |Appellate | | |Tribunal; and | | |(b) the Appellate Tribunal may, on | | |receipt of such records, proceed to | | |deal with such appeal, so far as may| | |be from the stage which was reached | | |before such transfer or from any | | |earlier stage or de novo as the | | |Appellate Tribunal may deem fit. | |Section 16 | | |Procedures and powers of |Section 16 | |Authority.- (1) The Authority shall|Procedure and powers of Appellate | |be guided by the principles of |Tribunal.- (1) The Appellate | |natural justice. |Tribunal shall not be bound by the | |(2) The Authority shall have, for |procedure laid down by the Code of | |the purpose of discharging their |Civil Procedure, 1908 (5 of 1908), | |functions under this Chapter, the |but shall be guided by the | |same powers as are vested in a |principles of natural justice and, | |civil court under the Code of Civil|subject to the other provisions of | |Procedure, 1908 (5 of 1908) in |this Act, the Appellate Tribunal | |respect of the following matters, |shall have powers to regulate its | |namely |own procedure. | |summoning and enforcing the |(2) The Appellate Tribunal shall | |attendance of any person and |have, for the purposes of | |examining him on oath; |discharging its functions under this| |requiring the discovery and |Act, the same powers as are vested | |production of documents; |in a civil court under the Code of | |receiving evidence on affidavits; |Civil Procedure, 1908 (5 of 1908), | |issuing commissions for the |while trying a suit, in respect of | |examination of witnesses or |the following matters, namely:— | |documents; |summoning and enforcing the | |reviewing its decisions; |attendance of any person and | |dismissing an application for |examining him on oath; | |default or deciding it ex parte; |requiring the discovery and | |setting aside any order of |production of documents; | |dismissal of any application for |receiving evidence on affidavits; | |default or any order passed by it |subject to the provisions of | |ex parte; |sections 123 and 124 of the Indian | |any other matter which may be |Evidence Act,1872 (1 of 1872), | |prescribed. |requisitioning any public record or | |(3) Every proceeding before the |document or a copy of such record or| |Authority shall be deemed to be a |document, from any office; | |judicial proceeding within the |issuing commissions for the | |meaning of Sections 193 and 228, |examination of witnesses or | |and for the purpose of Section 196 |documents; | |of the Indian Penal Code, 1860 (45 |reviewing its decisions; | |of 1860) and the Authority shall be|dismissing an application for | |deemed to be a civil court for all |default or deciding it, ex parte; | |the purposes of Section 195 and |setting aside any order of dismissal| |Chapter XXVI of the Code of |of any application for default or | |Criminal Procedure 1973 (2 of |any order passed by it, ex parte; | |1974). |and | | |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). | |Section 19 |Section 19. | |Orders passed by Authority or High |Orders passed by Appellate Tribunal | |Court to be executable as a |to be executable as a decree.-(1) An| |decree.- Every order made by the |order passed by the Appellate | |Authority under this Act or the |Tribunal under this Act shall be | |order made by the High Court in any|executable by the Appellate Tribunal| |appeal against any order of the |as a decree of civil court, and for | |Authority shall, on a certificate |this purpose, the Appellate Tribunal| |issued by any officer of the |shall have all the powers of a civil| |Authority or the Registrar of the |court. | |High Court, as the case may be, be |(2) Notwithstanding anything | |deemed to be decree of the civil |contained in sub-section (1), the | |court and shall be executable in |Appellate Tribunal may transmit any | |the same manner as a decree of that|order made by it to a civil court | |court. |having local jurisdiction and such | | |civil court | | |shall execute the order as if it | | |were a decree made by that court. | |Section 20 |Section 20 | |Penalty for wilful failure to |Penalty for wilful failure to comply| |comply with orders of Authority or |with orders of Appellate | |High Court.- If any person wilfully|Tribunal.-If any person wilfully | |fails to comply with the orders of |fails to comply with the order of | |the Authority or any order of the |the Appellate Tribunal, he shall be | |High Court, as the case may be, he |punishable with fine which may | |shall be punishable with fine which|extend to one lakh rupees and in | |may extend to one lakh rupees and |case of a second or subsequent | |in case of a second or subsequent |offence with fine which may extend | |offence with fine which may extend |to two lakh rupees and in the case | |to two lakh rupees and in the case |of continuing contravention with | |of continuing contravention with |additional fine which may extend to | |additional fine which may extend to|two lakh rupees for every day during| |two lakh rupees for every day |which such default continues.] | |during which the default continues.| | |Section 36 |Section 36 | |Power to make regulations.-(1) The |Power to make regulations.-(1)The | |Authority may, by notification, |Authority may, by notification, make| |make regulations consistent with |regulations consistent with this Act| |this Act and the rules made |and the rules made thereunder to | |thereunder to carry out the |carry out the purposes of this Act. | |purposes of this Act. |(2) In particular, and without | |(2) In particular, and without |prejudice to the generality of the | |prejudice to the generality of the |foregoing power, such regulations | |foregoing power, such regulations |may provide for all or any of the | |may provide for all or any of the |following matters, namely:- | |following matters, namely:- |(a) the times and places of meetings| |(a) the times and places of |of the Authority and the procedure | |meetings of the Authority and the |to be followed at such meetings | |procedure to be followed at such |under sub-section (1) of section 8, | |meetings under sub-section (1) of |including quorum necessary for the | |Section 8, including quorum |transaction of business; | |necessary for the transaction of |(b) the transaction of business at | |business; |the | |(b) the transaction of business at |meetings of the Authority under | |the meetings of the Authority under|sub-section (4) of section 8; | |sub-section (4) of Section 8; |xxx | |(c) the salaries and allowances |(d) matters in respect of which | |payable to and the other conditions|register is to be maintained by the | |of service of officers and other |authority under sub-clause (vii) of | |employees of the Authority under |clause (b) of sub-section (1) of | |sub-section (2) of Section 10; |section 11; | |(d) matters in respect of which |(e) levy of fee and lay down such | |register is to be maintained by the|other requirements on fulfilment of | |Authority under clause (l) of |which a copy of register may be | |sub-section (1) of Section 11; |obtained under sub-clause (viii) of | |(e) levy of fee and lay down such |clause (b) of sub-section (1) of | |other requirements on fulfilment of|section 11; | |which a copy of register may be |(f) levy of fees and other changes | |obtained under clause (m) of |under clause (c) of sub-section (1) | |sub-section (1) of Section 11; |of section 11; | |(f) levy of fees and other charges | | |under clause (p) of sub-section (1)| | |of section 11. | |