No.10-13/2017-Restg 3-ITTc, WcfiR Government ofIndia
~cH::llc>l<-1 Ministry of Communications
~H=ii.lR fcrnm Department ofTelecommunications
{Yo-iJ~oo-l ~) (Restructuring Cell)
~ 20, 3,~]lcf, Us,~~' 01$ ~-1 20, Ashoka Road, SancharBhawan, New Delhi-1
Dated: 4th July, 2018
ADVERTISEMENT
Subject: Appointment to the post of Member, Telecom Regulatory Authority of India (TRAI).
TRAI: The Telecom Regulatory Authority of India (TRAI) was established and is governed by the Telecom Regulatory Authority of India Act, 1997, to regulate the telecommunication services and to protectthe 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. Its functions include making recommendations on (i) measures to facilitate competition and promote efficiency in the operation of telecommunication services (ii) technological improvements in the services provided by the service providers and (iii) measures for the development of telecommunication technology and related matters. It has also to ensure compliance of terms and conditions of license, technical compatibility and effective inter-connection between different service providers, regulate arrangement amongst service providers of sharing their revenue derived from providing telecommunication services, lay down the standards of quality of service to be provided by the service providers and ensure the quality of service and conduct periodical survey to protect interest of the consumers and ensure effective compliance ofuniversal service obligations.
Terms of Appointment: One post of Member, TRAI has fallen vacant on 07.04.2018. The tenure of the post is for a term not exceeding three years or till the age of 65 years, whichever is earlier. As per Department of Expenditure, Min. of Finance's Resolution No.1-2/2016-IC dated 25.07.2016, a whole-time Member of TRAI, shall be entitled to a pay package of Rs. 4,00,000/-(Rupees Four Lakh) per month and will not be entitled to government accommodation or transport. An employee of the Government on his/her selection as Member, TRAI shall have to retire from service before joining as Member, TRAI.
Qualifications: The qualifications for appointment to the post as
derived from Section 4 of the TRAI Act, are as follows:
A person having special knowledge of, and professional experience in telecommunication, industry, finance, accountancy, law, management or consumer affairs.
PROVIDED that such a person who is, or has been, in the service ofGovernment shall not be appointed as a member unless suchperson has held the post ofSecretary, or Additional Secretary, or the post of Additional Secretary and Secretary to the Government ofIndia or any equivalentpost in the Central Government or the State Governmentfor a period ofnot less than three years.
Procedure for selection: A Search-cum-Selection Committee has been constituted for' selection to the said post. In addition to applications received through this Advertisement, the Search-cumSelection Committee will have the authority to consider any other names for the appointment to the said post.
Application Procedure: Interested and eligible persons are requested to send their applications in the prescribed format, which can be downloaded from the websites i.e. http://www.dot.gov.in or http://www.persmin.gov~in or http://www.trai.gov.in, along-with copies of relevant documents to the following address or scanned copy of the same may be sent at e-mail: 'atishk.srivastava@Jlic.in' so as to reach this office latest by 05:30 PM on 10.08.2018:
Shri A.K. Srivastava Under Secretary (Restg.&PSA), Room No. 416, Sanchar Bhawan, 20, Ashoka Road, New Delhi-110001. Telephone No. 011-2337 6190/6178, FAX No. 011-23372084
Note: Officers working in the Central or State Government, autonomous/ statutory organizations, Public Sector Undertakings etc. shall send their applications through proper channel.
Any application received after due date or 'not in prescribed format' will not be entertained.
' '
een Kumar)Director
APPENDIX APPLICATION FORMAT FOR THE POST OF MEMBER, TELECOM REGULATORY AUTHORITY OF INDIA (TRAI), NEW DELHI
(If space is insufficient against any item, please attach extra papers/sheet).
1. Name (in block letters):
First Name: Space for photograph duly
Middle Name:
signed by candidate
Last Name
- Father's Name:
- Marital Status:
- Date ofBirth: Day Month Year (Attach a copy ofHigh School Certificate):
- Age as on / /2018: Years Months Days
- Service which belongs to and total service in HAG Scale:-
- Nationality:
- Address for correspondence (in block letters) indicating clearly the PIN Code:
- Permanent Address (in block letters):
- (a) Telephone and Fax Nos. (Off./Resi.):
- (b)
- Mobile:
- (c)
- e-mail ID:
- Whether belonging to SC/ST/OBC:
- Educational Qualifications (in reverse chronological order):
Name of Degree Year of Division/ Academic Subject I University/ passing Distinction Specia-lization
O/o of Equivalent marks/ Institution obtained
13. Employment Record (in chronological order starting with present post, list in reverse):
Name & Designation, scale of Period of Nature ofwork/ address of pay and whether service
experience
employer regular/ deputation/
From To adhoc
- Information related to special knowledge of, and professional experience acquired in respect of matters relating to telecommunication, industry, finance, accountancy, law, management or consumer affairs or relating to administering of institutions dealing with the aforesaid matters and length of experience in such institutions:
- Publications, if any, in journals of national/international repute, with citation and index.
- Awards/honours, if any:
- Any other relevant information:
18. Declaration:-
I certify that the foregoing information is correct and complete to the best of my knowledge and belief and nothing has been concealed/distorted. If at any time, I am found to have concealed/distorted any material information; my appointment shall be liable to summary termination without notice.
Signature ofthe Candidate
Date:
Place:
TO BE FORWARDED BY THE HEAD OF ORGANISATION/INSTITUTION
(IN RESPECT OF CANDIDATES WORKING UNDER GOVERNMENT/ AUTONOMOUS / STATUTORY / PUBLIC SECTOR UNDERTAKINGS ETC.)
Ministry/Department/Office of
Particulars furnished by _ have been verified with reference to service records and their correctness certified.
It is certified that no vigilance case is either pending or contemplated against the above officer.
The Integrity Certificate in respect ofthe above officeris enclosed.
(Signature & Designation of the
Forwarding Officer with Seal)
Address:
Dated:
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/. THE TELECOM
REGULATORY AUTHORITY
OF INDIA ACT, 1997
(24 of 1997 dt. 28-3-1997]
As amended by TRAI (Amendment) Act, 2000
\ CONTENTS
TELECOM REGULATORY AUTHORITY
OF INDIA ACT, 1997 .
CHAPTER I
PRELIMINARY
t t 1. Shorttitle, extentand commencement 1 2. Definition CHAPTER II
TELECOM REGULATORY AUTHORITY OF INDIA
3. Establishmentand incorporation ofAuthority 3 4. Qualifications for appointmentofChairperson and other members 3 5. Term ofoffice, conditions ofservice, etc., ofChairperson and othermembers 3 6. Powers ofChairperson and Vice-Chairperson 5 7. Removal andsuspensionofmemberfromoffice in certain circumstances 5 8. Meetings . . 6. 9. Vacancies, etc. not to invalidate proceedings ofAuthority 6 10. Officers and other employees ofAuthority 7 cHAPTER m POWERS AND FUNCTIONS OF THE AUTHORITY 11. Functions ofAuthority . . 8
. 12. Powers ofAuthority tocall for information, conductinvestigations, etc. 10
13. Power ofAuthority to issue directions 11 CHAPTER IV
APPELLATE TRIBUNAL
14. EstablishmentofAppellateTribunal 12 14A Application forsettlementofdisputes and appeals to Appellate Tribunal 12 l4B. Composition ofAppellateTribunal 13 l4C. Qualifications for appointment ofChairperson and Members 14 14IJ. Term ofoffice 14 14E. Terms and conditions ofservice 15 14F. Vacancies 15 14G. Removal and resignation 15 14H. . Staff ofAppellate Tribunal. 1.6 l4I. Distribution ofbusiness amongstBenches 141. Power ofChairperson to transfer cases
14K. Decision to be by majority
l4L. Members, etc., to bepublic servants
14M Transfer ofpending cases
14N Transfer ofappeals.
. 15. Civil courtnot to havejurisdiction CHAPTERV FINANCE, ACCOUNTS AND AUDIT CHAPTER vt MIS.CELLANEOUS 16 16 l'7 17
17
17
18
18 .i " i9 19 20 -20 1. r I 21 ,II 21 21 r 22 23 23 23 23 24 24 25 2$ 25 25 .26 27 27 28 28 28 29 36 THETELCOM REG.AUTH.OFINDIAACT, 1997 THE TELECOM
REGULATORY AUTHORITY
OF INDIA ACT, 1997
[24of 1997, dt.28-3-1997]
As amended byTAAi (Amendment) Act, 20QO
AnAct to provideforthe establishmentofthe 1[Telecom Regulatory Authbrity ofIndia and the Telecom DisputesSettlementandAppellate Truiimaito regulate the telecommunications services, adjudicate disputes, dispose ofappeals-and to protect the interests ofservice providers and consumers ofthetelecom sector, topromote and ensure orderly growth ofthe telecom sector] andformaters connected therewith or incidental thereto Be-it_enacted by Parliament in the Forty~eighth Year ofthe Republic of India as follows: - CHAPTER I PRELIMINARY 1 . Shorttitle, extentandcommencement 2. Definitions under sub-section (3) of section 3; {d) "Fund" means the Fund constituted under sub-section (1) of section 22; (e) "lica~s~" means any person licensed und~r sub-section (1) of section 4 of_ the Indian Telegraph Act, .1.885 (13 or 1885) for providing specified public telecommunication services; l TI-IE TELCOM REG. AUTH. OFINDIA ACT, 1997 2[(ea) "licensor" means the Centrai Government or the telegraph authority Who . grants a licence under section 4 of the IndianTelegraph Act, 1885 (13.of 1885);] a licensee; {k) "telecommunication .service" means service. of anypescription (including electronic mail, voice mail, data services, audio tex services, video texservices, radio paging and cellular mobile telephone services) which is made available to users by means of any transrnrsslon or raceptlonofirgns, signals, writing, images and sounds or intelligence of any nature, by wire, radio, visual or other electromagnetic means but shall not include broadcasting services: 2[PROVIDED that the Central Government may notify other service to be .telecommunication service including broadcasting services;] . Kashmir shall in relation to that State beconstrued as a referenceto the correspondmq law, if any, .in that State. 2 THE TELCOM REG. AlITH. OFINDIA ACT, 1997 TELECOM REGULATORY AUTHORITY OF INDIA 3. Establishment and incorporation ofAuthority 1[(3) The Authority shall consist of a Chairperson, and notmore 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. 2[4. QualHicationsfor appointment ofChairperson and other members The Chairperson and other members ofthe Authority shall beappointed by the Central Government from amongstpersons who have special knowledge of, and professional experience In, telecommunication, industry, financet accountancy, law, management or consumer affairs: PROVIDED that a person who. is, or has been, in theserviceofGovernment shall not be appointed as a member unless such person has held the post of Secretary or Additioriai Secretary, or the post of Additional Secretary and Secretary to the Government of.India or any. equivalent post in' the Central Government or theState Governmentfor a period of not less than three years.] 5. Term ofoffice,eondttlons ofservice, etc., of Chalr~rson and other members (1) Be.for:e appointing any person as. the..Chairperson or member, the Central Government shalt satisfy itself that the person does not have any such financial or other interest as is _likely to affect prejudicialiy his functions as such member. 3[{2) The Chairpersonand other members ~hall hold office for a tenn not exceeding Substit1Jted by Amendment Act of 2090, w.e.f. 24-1-20. 2 S:J.bslituted by Amendl'Mnt Act of 2000, w.e.1.24-1-2000.
3 Sub-ss, (2) and (3) substituted by Amendment Act of 2000, ~.e.f. 24-1.,-2000.
THETELCOM REG.AUTH.OFINDIAACT, 1997 three years, as the Central Government may notify in this behalf, from the date on w'1ich they enter upon their offices or until they attain the age of sixty-five years, whichever is earlier. 4[{6A) The part-time members shall receive such allowances as may be prescribed.] iess than three months; or .(b} be removed from his office in accordance with iheprcvtsions of section 7, 1. Substituted for words-seiecljon as member" by-Amendment Act of 2000, w.e.f. 24-1-2000.
2.. Substituted for words 1oining as a member" by Amendment Act of 2000, w.e.f. 24-1-2000.
~. Substituted for words "other members" by Amendment Act or iooo, w.e.t. 24-1-2000.
4. Inserted by Amendment Act of 2000, w.e.f. 24-1-2000 . . 5. The words, brackets and figure "or sub-section (3)" shelf be omitted. by Amendment Act of 2000, w.e.f. 24-1-2000. THETELCOM REG. AlITH. OFINDIA.ACT; 1997 1( PROVIDED that nothfng contained in this sub-section shall apply to t_he Chairperson or a memberwho has ceased to hold office under sub-section (3) and such Chairperson or membershall be eligible for re-appointment in the Authority orappointment in the AppellateTribunal.] (9) Avacancy caused to the office_ofthe Chairperson or anyother 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 orfinanclal business inany field and includes also a director of a company orpartner of a firm and it als~ includes setting up practice either" independently or as partnerof a firm or as an adviser or aconsultant. 6. Powers of Chairperson and Vice-Chairperson (1) . The Chairperson shall have powers of general supenntendence and directions in the 'conduct of the affairs ofthe.J\uthority and he shall, in addition to presiding. .over the meetings ot the Authority, e~rcise ano ctis~harge such powers and functions otthe Authority and shall discharge stiGh.9ther.powers.'arid Junctions . .. . . . ,, . . as may be prescribed. (2) The CeQtral Government may appolntona of the membersto be 9-ViceChairperson ofthe Authoritywho shall exercise and discharge $UCh powers and functions of the Chairperson as may be prescribed or as ma,,-be delegated to him by the Authority, 7. Removal and.suspension ofmember.fro_m o1fice in certain clrcurnstances {d) has acquired such financial or other interestas islikely_to affect p'rejudjcially his functions as a member; or 1 . Inserted by Amenomeru Act ot2000, w.e.f. -24-1 -20()0. s TIIBTELCOM REG.AUI1I.OF1NDIAACT, l997 {e) . has so abused his position as to render his continuance in office
preijuciicial to the public interest.
1 t(2) No such member shall be removed from his office under clause. (d) orclause {e) of sub-section (1) unless he has been given a reasonabl~ opportunity of being heard inthe matter.] 8. Meetings (1} The Authority shall meetat such times and places, and ~hall observe such rules of procedure in regard to the transaction of business at its meetings (including quorum at such meetings) as may be provided by regulations. (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 amongstthemselves at the meeting shall preside at the meeting. (3) Alfquestionswhich come up before any meeting ofthe Authority shall be decided by a majority vote of the members present and voting. and in the event of an equality ofvotes, the Chairperson or in his absence, the person presiding, shall . !'lave a second orcastinq vote. (4) . TheAt4horttymaymake regulationsforthetransaction of business atits meetings. 9~ Vacancie.s, etc. not to Invalidate proceedJngs of Authority No ador proceeding of the Authority shall be invalid merely by reason of- 1. Sub-ss. (2) and (3) substituted by Amendment Acl 2000, w.e.1. 24-~-2000. 6 THETELCOM REG. Aln1I. OFINDIAACT, 1997 1 o. Officer~ and other employeesof Authority I 2[ PROVIDED that any regulation, in respectofthe. salary and ayowances payable. [ to and other conditions of service of the officers and other employees of the Authority, made before the commencement of theTel.ecom Regulatory Authority~ \l of India (Amendment) Act, 2000, shall cease to have effect lmmedlatety on the notification of rules made under clause (ca} of sub-section (2) of section 35.] 1. Substituted for words 'determined by regulations" by Amendment Act of 2000. w.e.f. .24-1-2000. 2. Inserted by Amendrnen'l'Acfoi':fooo;w'.'e:f:24:'f:iidbo. 7 TilETELCOM REG. AUTIJ. OFINDIAACT, 1997 CHAPTER.Ill POWERS AND FUNCTIONS OF THE AUTHORITY 11. Functions of Authority 1[{1) Notwithstanding anything contained in the IndianTelegraph Act, 1885 (13 of 1885) the functions of the Authority shall be to - (iii) revocation of licence for non-compliance of terms and conditions of licence; (vii) measures forthe development oftelecommunication technologyand any other matter relatable to telecommunication industry in general; (viii) efficient management ofavailablespectrum; . (iii) ensure technical compatibility and effective intsr-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 .. ,. "' 1. Substituted byAmenndment Act of 2000, w.e.f. 24-1-2000. THETELCOM REG.AurH.OFINDIAACT, 1997 so as toproteer-interest of theconsumers of tetecommunlcanon service; (vi) lay-down and ensure the time period for providing local and long distance circuits of telecommunication between different service providers; . _. (vii) maintain register of inter-connect agreements and of all such other matters as may be provided in the regulations; - ,J (viii) keep register maintained underclause (vii) open forinspection toany member of public on payment of such fee and comphance of such other requirement as may be provided in the regulationi; . (ix> ensure ettective compliance ot universal seMce obn6ations; .I . . . . . . . . PROVIDED that the recommendations of the Authority specttlsd in clause (a) of this sub-section shall not be binding upon the Central Goveim"!!3nt: - PROVIDE_D FURTHER that the Central Government shalt seek .the recommendations of the Authority in respect of matters specified insub-clauses (i) and {ii) of clause (a) of this sub-section in respect of hewlicence to be issued to aservice provider and the Authority shall forward its recom,mendations within . a period .ot sixty days from the . recommendations: , PROVIDED also that the Authority.may request the Central Government to furnish such information or documents as may be necessary forthe purpose of making recommendations under sub-clauses (i)-and (ii) of clause (a)o!this sub-section and that Government shall supply such in~otmation 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 ihe Authority within the period specified in th~ second proviso or within sucrrperlod as may be mutually agreed upon between the Central Govemmerit and the Authority: 9 . THETELCOM REG.AlITH.OFINDIAACT, 1997 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 receiptofsuch 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 IndianTelegraph Act, 1885 (13of1885), the Authority may, from time to time, by order, notify in th'e Official Gazette the rates at which the telecommunication services within India and outside India shall be provided under this Act including the rates atwhich messages shall be transmitted to any country outside India: PROVIDED that the Authority may notify different rates for differerit persons or class ofpersons forsimilar telecommunication services and where differentrates are fixedas aforesaid the Authority shall record the reasons therefor. 12. PowersofAuthority to call for information, conduct investigations, etc. 1. Susbtl!uted for words "under sub-section (1 )" by Amendment Act of 2000, w.e.f. 24:1-2000 TIIBTELCOM REG.AlITH.OF1NDIAACT;l997 . {a) every office of the government-department, if such service provider ie a. department ofthe government; {b) everydirector; manager, secretary orother officer, ifsuch service provider is a company; or (c) every-partner, manager, secretary or other officer, if such service provider . . is a firm; or (d) every otherperson or body ofpersons who has had deallnqs in the course of business with any of the persons mentioned in clauses (b) and (c), . . . . . t shall be bound to produce before the Authority making the inquiry, all suet, books of account or other documents in his custody or power relating to, or having a bearing on the subject-matter ofsuch inquiry and alsoto furnish to the Authority. with any such. statement or information relating thereto, as the case may be, required of him, within such time as may be specified. . . . providers as it may consider necessary for proper functioning by servlcs . providers. 13. Power of Authorityto issue directions The Authority may, for the discharge of its functions under sub-section (1) ot section 11, issue such directions from time to time to the serviceprovlders; as.it may consider necessary: 1[PROV1DED that no direction undersub-section (4) of sectiontz orunder-this -section shall be issued except on the matters .specifled in clause (b) of subsection (1) of section 11.] 1. Inserted by Amendment Act of 2000, w.e.f. 24-1-2000. 11 TIIBTELCOM REG.AUfH.OFINDIAACT, 1997 1CHAPTER IV APPELLATE TRIBUNAL 14. Establishment of AppellateTrlbunal The Central Government shall, by notification, establish an Appellate Tribunal . to be known as the Telecom Disputes Settlement and Appellate Tribunal to (iii} between a service provider and a group of consumers: PROVIDED thatnothing in this clause shall apply in respect of matters relating to- (b}. hear and dispose of appeal againstany direction, decision ororderof the authority under this Act. 1_4A_. Application for satttement ofdisputes arid appealsto AppellateTribunal (1) The Cefltral Government ora State Governmentor a local authority orany person may make an application to the AppellataTribunal for adjudication ofany dispute referred to.ln clause (a) ef section 14. (2) The Central Government or a State Gov~mment or a local authority orany person aggrieved by any direction; decision or order made by the Authority may prefer an appeal to the AppeltateTribunal. 1. 'Substituted by Amendme11t Act of 2000. w.e.f. 24,1-2000. 12 TIIETELCOM REG.AUIH.OFINDIAACT, 1997 (3) Every appeal under sub~section(2) shall be preferred within a period of thirty days from the date on which a copy ofthe direction or orderordecision made by the Authority is received by the Central Government or the State Government or the local authorityor the aggrieved person and it shall be in such form, verifled.ln such manner and be accompanied by such fee as may be prescribed: PROVIDED thattheAppellateTribunal may entertain any appeal afterthe expiry of the said period ofthirty days if it is satisfied that there was sufficientcause for not filing it within that period. PROVIDED that where any such application orappeal could notbe disposed of within the said period ofninetydays, the AppellateTribunal shall record its reasons in writing for notdisposing ofthe application or appeal within that period. (7) The AppellateTribunal may, forthe purpose of exarnlninq the legalityor 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 orotherwise, call forthe records relevant to disposing otsuch application or appeal and made 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 mcia. THETELC:OM REG. AUTI:lOFINDIA ACT, 1997 ,,, (b} a Bench may be constituted by the Chairperson of the Appellate Tribunal with one ortwo Members ofsuchTribunal asthe Chairperson may deem flt; may deem fit. 14C. Qualifications for appointment of Chairperson and Members A person shall not be qualified for appointmentasthe Chairperson or a Member of the AppellateTribunal unless he - . person who iswellversed inthe fieldoftechnology, telecommunication, . industry, commerce or administration: 14D. Term ofoffice The Chairperson and every other Member of the Appellate Tribunal shall hold office as such for a term not exceeding three years fromthe date on which he entered upon his office: 14 TI-IE TELCOM REG'. AUIH. OFIN1)IAACT, 199.7 PROVIDED that no Chairperson or other Member shall hold officeas such after he has attained, -- 14E. Terms and conditions of service The Salaryand allowances payableto and otherterms and conditions ofservice ofthe Chairperson and otherMembers of the AppellateTribunal shallbesuch as may be prescribed:. /. PROVIDED that neither the satary 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 otherthan temporary absence, any vacancy occUrsitfthe office of the Chairperson ora Memberof the AppellateTribunal, theCentral Government shall appoint another person in accordance? with the provisions of this Act to fill . thevacancy and theproceedings may be continued beforethe AppellateTribunal from the stage at which the vacancy is filled. 14G. Removal and resignation {1) The Central Goverrirr,ient,r.nq,yremove from office, the Chairperson or any Member of the AppellateTribun;if vmo (a) has been adjudged an insolvent; or
ib) has been convicted of an. ottenee which in the opinion of the Central
' . Government, involves moral turpituae; or 15 .
TIIETELCOM REG. At.ml OFINDIAACT, 199? ground specified in clause (d) orclause (e) of that sub-sectionunlesstheSupreme 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 thatthe Chairperson or a Member ought on such ground or grounds to be removed. (3) The Central Government maysuspend from office, the Chairperson or a Member of the Appeilate Tribunal in respect of whom a reference has been made to the Supreme Court undersub-section (2), until the Central Governmenthas passed an order on receipt ofthe report of the Supreme Court on sfch reference. 14H. Staff of AppellateTribunal 14-1. Distribution of business amongst Benches Where Benches are constituted,.the Chairpersonof the AppellateTribunal may,
from time to time, by notification, make provisions as to the distribution of the
. business ofthe AppellateTribunal amongstthe Benches and also provide forthe
matters which may be $alt with by each Bench. 14J. Power of Chairperson to transfer cases On the application of arry of the parties arid after notice to the parties, and after . hearing such ofthem as he may desire to be heard, oron 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. 16
THETELCOM REG. AUIR OFINDIAACT.19<17 14K. Decision to be by majority lf, the Members of a Bench consisting of two members differ in opinion on any point, theyshall state the pointorpoints on which theydiffer, and makea reference to the Chairperson of the Appeliate Tribunal who shall hear the point or points himself and such pointor points shall be decided accordingto the opinion of1h~ majority who have heard the case,including those whofirst heard it. 14l. Members, etc., to bepublic servants The Chairperson, Members and other officer~ and employ~of the Appellate Tribunal shall be.deemed to be public servants within the meaning ofsection21 of th~ Indian Penal-Code (45 of 1860}". 14M. Transfer of. pending-cases All applications, pe~ding for adjudication of dlsputes befo~e the Authority Immediately before the date ofestabllshrnerrt of the AppellateTnbunal underthis Act, shall stand transferred on thatdate 10 suchTribunal:- PROVIDED that all disputes being adjudicated under the provisions of Chapter 1vas itstood immediately before the commencement oftheTelecomRegulatory Authority of India (Amendment) Act, 2000, shall continue to be adjudk'..ated by the Authority in accordance with the provisions contained in that Chapter, tillthe establishment ofthe AppellateTribunal unde_r this Act PROVIDED _FURTHER that all cases referred to in the first proviso shall be transferred by the Authority to the Appellate Tribunal immediately on its establishment under section 14. 14N. Transfer of appeals (1J .An_: appeals .pending .betcre the .High Court immediately _before the commencementoftheTelecom Regulatory Authorityof lndi~( Amendment) Act. 2000, shall stand transferred to the AppellateTribunal on itsestablishment_under . . .
section 14."
(2) Where any appeal stands transferred fromthe High Court to tt:ieAppeflate Tribunal under sub-section (1 ), - 17 TIIETELCOM REG.AlITH.OFINDIAACT, 1997 15. Civil court notto have jurisdiction No civil courtshall havejurisdiction to entertain any suit orproceeding in respect ofany matter which the Appellate Tribunal is empoweredby or under this Act to determine and no injunction shall be granted by any court or other authority in respectof any action taken or to be taken in pursuance of any powerconferred .by or Under this Act. 16. Procedure and powers of AppellateTribunal (b.) requiring the discovery and production of documents; {f) reviewing its decisions; (g) dismissing an application for default ordeciding it; ex parte.. 18 . THE TELCOM REG. AUTII. OFINDIAA(J'; 1997 . proceedingwithin the meaning of sections 193 arid 228, and forthe 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 Ghapter XXVI ofth~ Code of Criminal Procedure; 1973 _(2 of 1974). 17. Rightto legal representation t The applicantorappellant may eitherappear in person orauthorise one ormore . chartered . accountants or company secretaries or cost accountants or legal practitioners or any of its officers topresentpis 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) ofsubsection (1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949) and whohas obtained a certificate of practlce under subsection (1) of section 6 of that Act; .. (b) "company secretary" means a company secretary as defined ln clause (c) of sub-section (1) ofsection 2 oftheCompanies Secretaries Att, 1980 (56of 1980) and who has obtalned a certificate ofpractice undersub-section (1) ofsection 6 of that Act; (c} "costaccountant" means a CO$t accountant as defined in clause (b) Of subsection (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) .alegal practitioner" means an advocate, vakil or an attorney of any High Oourt, and includes a pleader in practice. 18. Appeal to Supreme Court .(1) Not withstanding 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 1-9 THETELCOM REG. AUTH. OF1NDIAACT.19 interlocutory order, of the appellate Tribunal.to the Supreme Court on one or more ofthe grounds specified in section 100 of that Code. (2) No appeal-shall lie against anydecision ororder made by the Appellate Tribunal . ' with the consent of the parties. (3) Every appeal underthissection shall be preferred within a period ofninety days fromthe date ofthe decision or orderappealed agajnst: PROVIDED ttlatthe Supreme Courtmayentertain the appeal afterthe expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficientcause from preferring the appeal in.time. . ? 19. Orders passed by AppellateTribunal to be executable as a'decree ffl. Penattyfor wilful failure to comply with orders ofAppellateTribunal . Ifany person wilft.ilfy fa_ils to comply with the order of the Appellate Tribunal, he shaU be punishable with fine which mayextend toone lakh rupees and in case of a second or subsequent offence with fine which may extend to two lakh rupees and inthe case ofcontinuing contravention with additional fine which may extend to two lakh rupees for every day during which such default continues. THETELCOM REG.AUTH.OFINDIAACT,1997 CHAPTER V FINANCE, ACCOUNTS AND AUDIT 21. Grants by Central Government The Central Government may, after due appropriation-madeby 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 respectot officers and other/,empl?yees of the ~~~ . 22. Fund (1) There sh.all be. constituted. a Fund to be called the Telecom Regulatory . Authority of India General Fund and there shall be credited thereto- 23. Accounts and audit 21 TIIETELCOM REG.AlITH.OFlNDIAACT, 1997 incurred in connection with suchauditorshall bepayable by the Aufhoritytothe
ComptrollerandAuditor-General ofIndia.
1{Explanation:Forthe removal of doubts, it is hereby declaredthatthe decisions
of the Authority taken in the discharge of its functions under clause (b) of sub
section (1) and sub-section (2) of section 11 and section 13, being matters
appealabletothe AppellateTribunal, shall notbe subjecttoauditunder thissection.]
(3). The Comptroller and Auditor-General of India and any other person appointed
byhim inconnection with the auditof the accounts oftheAuthority shall havethe
same rights and privileges and authority in connection with such audit as the
Comptroller and Auditor-Generalgenerally has, in connection'wlth the audit of
the Government accounts and, in particular, shall have the right to demand the
production of books, accounts, connected vouchers and otherdocuments and
papersand 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 theaudit reportthere on shall be.forwarded annuallytothe Central
Government and thatGovernmentshall cause the same to be laid before each
House of Parliament.
24. Furnishing of returns, etc. to Central Governn,ent (1) The Authorityshall furnish to the Central Governmentat such timeand in such
form and manner as may be prescribed or as the Central Government may
direct, such returns and statements and such particulars in regard to any
proposed or existing programme for the promotion and development of the
telecommunication services, as the Central Government may, from time to time,
require.
. ' l 1. Inserted by Amendment Act of 2000, w.e.f. 24-1-2000 ' 22
THETELCOM REG. AUTII. OFJNDIA ACT, 1997 CHAPTER VI MISCELLANEOUS . 25 .. Power of Central Government to issue directions (1) . The. Central Government may. from time to time, issue to the Authority such directions as rtmaythink necessary in the interestof 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 sMall, in exercise of its powers or the performance of its functions, be boundby such directions on questions ofpolicyas the Central Government may give in writing to it f~om 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 subsection. (3) The decision of the Central Government whether a question is, one of policy or not shall be final. 26. Members, officers and employees ofAuthority to bepublic servants All members, officers and other employees of the Authority shall be deemed, when acting or purportinq 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. BarofJurisdiction 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 ofaction taken in good faith No suit, prosecution or other lega.l proceedings shall lie against the Central Government or the Authority or any officer of the Central Government or any member, officer or other employees ofthe Authority for anything which is in good 23 THETELCOM REG; Alrrn. OFINDIAACT, 1997 faith done orintendedto be done underthis Act orthe rulesorregulations 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 subsequentoffence with flnewhlch may extend to two lakh rupees-and in the. case of conti11uing contravention with addittonal fine which may extend to two . lakh rupees for every day during which the defaultcontinues. f. 30. Offences by companies (1) Where an offence underthisAct 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 forthe conductof the business ofthe 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 stiall render any such person liabl_e to any punishment provided in this Act if he Provesthat the offence was committed without his knowledge orthat he has exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1 ), wh~re an offence underthis Act has been committed by acompany andltis provedthatthe offence has been committed with the consent orconnivance 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 orother officefshall also be deemed to beguiltyoftheoffence and shall be liable tobe proceededagainst and punished accordingly. Explanation: Forthe purposes of this section- (a) "company" means any body corporateand includes a firm or other association of individuals;and ; (b). "director", in relation.to a firm. means a partner in thefirm. 24
THETELCOM REG. AUfH. OFINDIAACT, 1997 31. Offences by Government Department 32. Exemption from taxon wealth and income Notwithstanding anything contained in the Wealth taxAct, 1957 {27 of 1957), the Income taxAct, 1961: (43 of 1961 ), oranyother enactmentforthe time being in force relating to taxon wealth, income, profitsorgains, the Authority-shall notbe liable to pay wealth-tax, income-tax or any other tax in respect of their-wealth, income, profits or gains derived. 33. Delegation The Authoritymay, by general or special orderin writing, delegate to any member, officerofthe 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 lo make regulation under section 36) as it may deemnecessary. 34. Cognizanc~.otoffences 1Availa:>Je a:: l':ttp:/I ;,,w,J.idi.g:ivSJ 25 TIIETELCOM REG.AUfH.OFINDIAACT, 1997 35. Power to make rules . section 5; . I 1(aa) the allowances_payable to the part-time membersunder sub-secfion (6A) of section 5;] 2[(ca}the salary and allowances and otherconditions of service of officers and otheremployees ofthe Authorityundersub-section (2) of section 10;] {d) the category of books of account or other documents which are required to be mainta. ined under sub-section (3) of sec. tion 12; 3[(da) the form, the mannerof its verification and the feeundersub-section (3) of section 14A; (db) the salary and allowancespayable toand othertermsand conditions of service of the Chairperson and other Members of the Appellate Tribunal under section 14E; (de) the salaryand allowances andotherconditions ofservice ofthe officers and employees of the Appellate Tribunal under sub-section (3) of _ section 14H; (dd) any otherpowerofa civil court required to be prescribed underclause {i) of sub-section (2) of section 16;] (e) the periodwithin which an Application is tobe made undersub-section (1) of section 15; 26 TIIB TELCOM REG. AUTH. OFINDIA ACT, 1997 Authority 2[under sub-clause (vii) of clause (b)J.of sub-section (1) of section 11; (e) levy of fee and lay down such other requirements on fulfillment of which a copy of register may be obtained srunder sub-clause (viii) of clause (b)] of sub-section (1) of section 11; (f} levy of fees and other charges 4[under clause (c)] of_sub-section (~)_of section 11. 37. R_ule~ and regu!c:,tionsto be laid before Pa_rliament . Every rule and every regulation made under. this Act shall be laid, as soon as may be after itts made, before each Hous~ of Parliament, while it is in session, fora total period ofthirty days which may be comprised in one session or in two ormore successive session, and if, before the expiry of the session immediately THETELCOM REG. AUTH. OF INDIA ACT, 1997 following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule orregulation or both Houses agree that the rule or regulation should notbe 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 ofcertain laws The provisions of this Act shall be in addition to the provisions of t~ Indian Telegraph Act, 1885 (13 of 1885) and the Indian Wirel~ss 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. Powerto remove difficulties. (1) If any difficulty arises in giving effect to the provisions of thls 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 ordershall be made underthis section afterthe-expiry of two years from the date of commencement ofthis 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 28
'TIIETELCOM REG. AUTH. OFINDIA ACT, W97 ANNEXURE-1 MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY (DEPARTMENT OF TELECOMMUNICATIONS) . NOTIFICATION New Delhi, the 25th October, 2002 G.S.R. -In exercise of the powers conferred by sub-section (2) of section 1 o read with clause (ca) ofsub-section (2) ofsection 35 ofthe Telecom RegulatoryAuthority of India Act,. 1997 (24 of1997) and in'suppersession of the TAAi Staff (Salaries, allowances and other conditions Regulation, 1999 and the TAAi (Appointment.of Casual Labourers) Regulation/1999, except in respect ofthings done or omittect'to be done before such suppersession, the Central Government hereby makes the following rules, namely:- 1.. Short tltle and commencement {i) These rules may be called the Telecom Regulato_ry Authority of India (Salary, Allowances and other conditions of Service of the officers and employees) Rules, 2002. (ii) They shall come into force on the date-of their publication in the Official Gazette. 2. Definitions In these.rules, unless the context otherwise requires:- {a) "Act" means the Telecom Regulatory Authority of India Act; 1997 (24 -of 1997); 29 TIIETELCOM REG. AlITH. OFINDIA ACT, 1997 3. Oateqorles of Officers and employees of the Authority and pay scales. . . ! _Th~ nature and categorles ofofficers and employees ofthe Authorityand . the scales of.pay thereof shall be as specified in the Schedule-I. 4. Conditions ofservice (1) The conditions of service of the officers and employees of the Authority including casual employee and any other category of employees in the matter of PlY, all allowances, leave joining time, joining time pay, age of superannuation and other conditions of service, shall be re.gulated' in accordance with such rules and regulations as are, from time to time, applicable to officers and employees oftheCentral Governmentbelonging to Group 'A', Group 'B' and Group.'C' and Group 'D' as the case may be, and drawing the corresponding scales of pay: Provided that- (a) theofficersand employees ofthe Authority on deputation to the Authority who are Government employees. and have been allotted residential . accommodation under General Pool shall be eligible to retain the facility . ot Government residential accommodation in terms of. Ministry of Urban Development and Poverty Alleviation; Directorate of Estates, OM No. 11013/0/7/94-Pol.lV/1, dated 26.4.1999, as amended from time to time; . . and in case Government residential accommodation has notbeen allotted on availed, they shall be eligible for House Rent Allowance as par.with Central Government servants drawing equivalent pay. The officers and employees of Authority other than those appointed on deputation shall be entitled to House Rent Allowance at par with those applicable to Central Government servants drawing equivalent pay. 30 TIIB1ELCOM REG. AUTH. OFINDIAACT, 1997 . (b) the officers and employees of the Authority shall be entitled to medical facilities as specified in Schedule-ll (c) (i) the officers and employees of the Authority other then those ondeputation shall be entitled to subscribe to Contributory Provident Fund and shall be regulated by the Contributory Provident Fund Rules made by the Central Governmentfor the Authority from time to time: Provided that such officers and employees shall not be entitled to get pension: ,g) the officers and employees ofthe Authority on deputation from organization other than the Central Government shall, be eligible for pension and retirement benefits, if any, as are available to them in their parentMinistry/ Department/organization: (2) Conditions of service ofcasual employees. -The conditions of service of casual employees shall be regulated as per ~he instructions issued by the. Central Gov1;3rnmentfrom time to time. 5; Salary and .allowances payable to, and other conditions of service, Consultant- 31 TIIETELCOM REG.AUTI-I.OFINDIAACT, 1997 (iii) Telephone facility 6. Power to relax The Central Govemmental shall have power to relaxthe provisions of any of these rules in respect of any class or category of persons. THE TELCOM REG. AU1H. OFINDIAACT, 1997 SCHEDULE --I (Seerule 3) SI.No. C~tegoryof the Post . Scale:9f pay. (Rs.) .. 3 1 .. 2 secretary 2~400-525~24500 1 .. 2 Principal Advisor . 22400-525-24500 .. .3 .Advlsor 18400-5:00-22400 4. Joint Advisor 14300:450-18300 .. 5 Deputy Advisor 12000-375-16500 6 Senior Principal Private Secretary 12000-375-16500 .7 $~nior-Research Officer 10000-325-15200 ... 8 Principal Private Secretary 1 0000-::325-15200. ' . '
9 Technical Officer 8000-27.5-13500
: . ~ ..10 Section Officer . 6500-200-10500 11 Assistant Accounts Officer 6500-200-10500 12 Librarian 6500-200-10500 .. 13 Private Secretary 6500-200-10500 14 Assistant 5500-175.:9000 15 Personal Assistant 5500-1-75-9000 .. ' 16 Junior Assistant Officer 5500-175-9000 . . 11 Stenographer Grade 'D,. 4000-100-6000 . .. .. . 18 Lower Division Clerk . 3050-75-4590 -, 19 DriverGrade-I 4000-1 00-6000 - 20 DriverGrade-II 3050-75-4590
21 Group 'D' (Attendant) 2550-:55-3200
, . . . I I. ' ., '~ .\' . , , \.', . t:'.' ;:, . :: ,: , ',!:; : ... ' ', ;, ~...: I 1'1 11. :: '".....:.-5 ~ '-: . ,. ; 33 TIIBTELCOM REG. AUfH. OFINDIAACT, 1997 SCHEDULE -II (See rule 4{b) Medical Facilities 1. . Outdoor Medical expenses - . (i) . Officers and employees shall-be eligible to get medical reimbursement for self and declared members offamily, Explanation -For the purpose of this clause, the. expression "family" has tlie same meaning as assigned to it in the Central Service (Medical . . . l . . Attendance) Rules, 1994. (ii) The ralmbursernent of outdoor medical expenses shall be limited to the actualexperises orone month's pay on ,sr_ January ofthe. year (Basic pay + Dearness Allowance) whicheveris less. The claim should be supported by Doctor's prescription and theoriqinal cash memos/bills for treatment .by the Doctor and purchase ofmedicines.' ReJease of increment or promotion du.ringthe year shall notaffect thelimit as ont= January. For officers-and employees joining during the year, the annual entluement shall be restricted on pro-rata basis. . (lli): The outdoortreatment shal! be takeri from the. Authorised Medical Attendants from the panel to be maintained by the Authority. 2. Indoor treatment.:.. (i) For the purpose of indoor treatment the officers and empJ6yees of the Authority shall be entitled for medical treatment at hospitals authorised . by the. Authority i_n this behalf, and for this purpose cost of treatment including hospital accommodation, nursinghome facility, etc shall be as per the provisions of the Central Services-(Medical Attendance) Rules, 1944 as applicable to the Central Government employees drawing equivalent pay. (ii) The authorised hospital for thepurpose of(i) above shall be the same as are availableto the Central Government employees regulated by Central Services (Medical Attendance) Rule 1994. (iii) Treatment at authorised hospitals may be taken on the advice of the Authorised Medical attendants except in emergency. 34 TIIB.TELCOM REG.AUTH.OFINPIAACT, 19'17. SCHEDULE -Ill [See rule 4(d)] Traveling Allowance in respect of1oreign tours - . shall be entitled to travel abroad by Airat par with facilities avallable from time to tf me Central Governmerit employees drawing:egui~leritpay: . . (3) Per diem halting allowance. -:-Whit~ on foreign tour, the. officers and . employees of the Authority are entltled to. draw per cfi.em allowance~ at Provldenfthat - (a). the proposed per diem would be a consolidated amountllrnlted to actual subject-to production of vouchers covering room rent; taxi charges, entertainment if any, official telephone calls, daily allowance at the. rates available from time to tlme to Central Government employee. drawing . equivalent pay and other contingent expenditure. [F. No. 10-2/2000-Restg.J ANIL KUMAR, Jt. Secy. 35 THETELCOM REG. AUTH. OFINDIAACT, 1997 ANNEXURE-11 OROER. New Delhi, the 9th January, 2004 SA~>: 45(e)-In exercise ofthe powers confered by clause (d) of Sub-sectioon (1) of Sectkin 11 of the Telecom Reglatory Authority of India, Act, 1997 (24 of1997) (hereinafter referred to as the Act), the Central Government }.lereby entrusts the following additional tunctlons to the Telecom Regulatory .Authortty of India, established underSub-section (1} ofSection 3 of the Act, in respectofbroadcasting services and cable service, namely:- a) the terms and conditions on which the "Addressable systems" shall be provided to cusotmers.. Explanation -For the purpose of this clause, "addressablesystem" with its grammatical variation, means an electronic device or more 'than one electronic devices putin an itegrated systerrithrouqh which sign_als. of cable television network can be seen in encrypted or unencryped form, whichcan decoded bythe device. or devices at the premises ofthe subscriberwithin the fimits ofauthorisation made, . on the choice and request of such subscriber, by the cable operator tor thatpurpose tothe subscriber; . . . b). . the pararnaters regulating _maximum time tor advertisement in paychannels as well as other channels. (2) Witholjt prejudice to the provision of Sub-section (2) of Section 11 of the Act, also to specifystandard norms for, and periodicityof, revision of rates of pay chann_els , including interim measures. [F.No. 13;.1/2004-Restg.] . P.K. TIWARI. Dy. Secy. (Restg.) REGISTERED NO. DL-(N)04/0007/2003-I4 - -PRINTED BY 1HE GENERAL MANAGER. GOVER~/MENT OF INDIA PRESS. M!nTO ROAD. NEW !JEU-ll AND PUBLISHED BY TllE COi':fROLLER OF PliBt.:C:mo. ~-L>ELHl-.:io1,1. GMGiPMRND-1392Gl(S3)-18-07-2014. A-NNi~uRf~{I ---=--===-------=-=----=------===-.::.:-=--~-----------. --------. -;-;;....,-.-:-1:-:-,~ -: ; )- (Deparrment of Tele!:omrnuni~ations)
NOTIFJ,:liTIOii.
New Delhi. the 26th JUJ1e, 2000
G.S.R. 566(E).-In exercise ofthe powers conferred by clause (a) ofsub-section (2) of -; ..-...,-5 " ' --1 \ . ,~ '' A 1q"7 '?"' .C 100'"''r> section .:i or the Telecom Kegulatory Authority ot mcia Act, _ :;.1 i_-~ DL Jjj1 ), and in supersession of the Telecom Re5'illatory Authority of India (Salaries, < ". . ' ' ,. r"h . . .L1, .r; b \ Allowances and other conamons ot service or \.., ianperson anc otner rviem ersJ Rules, 1. Short title and commencemene-. ( l) These rules may be called the Telecom Regulatory Authority of India (Salaries, Allowances and other Conditions ofService ofChairperson and whole-time Members) Rules, 2000. ~ (2) They shall come into force on the date of their publication m the Official Gazette. -'j Definitions:-- In these rules, unless the context otherwise requires, (a) \ / "Act'\ means the Telecom Regulatory Authority ofIndia Act, 1997 (24 of1997); (b) "Authority", means the Telecom Regulatory Authority of India established under sub-section (1) ofsection 3 ofthe Act; \/'"' ") "Chairperson)', means the Chairperson of the Authority .appoinred under sub-section'{3) ofsection 3 ofthe Act; (d) "Member", means a who1e-time Member ofthe Authority appointed under'sub-section (3) ofsection 3 ofthe Act . ', , AU -other words. and expressions used herein but not defined shall 1uiv.e the. :.mme-me[.1111ng~,respectively assigned to them in the Act ...... _.-:;;: ;-,:.:-:;:.. .,.._ ... "' -.-,,;,~.. ''...,~;~.r...,...'f'\_:.,.A .. . - . '-.., ..:". ;-,, ...:fr[~.--~~:\:-: .. . ,, .~-~. --- ------------------------ 12' Tk C~Jla.liJKTSDr srwl; itt p:1.id (, ~am,, o: r...s.:i(CIOU-per montl, iIIXd) -------. -. .. - (b1 -=====-c===-= = ====== ,..,.--==========-=-,,-,==~== '=---====-c=--=-"""'.. -~-~ ThE Member shal: be paid a salar., ofRs.26. (J(ICJ. -per montli ( fix.edJ (c) Dearness Allowance and Cit) Cumpens~wr) A,.Jlowance:-The Chairpe,soo and a Member shall be entitled re, draw dearness allowance and cirv compsnsaw0 allowanec-at the rare appfr::abjt to 2: Group .1-, officer of fut Cenrra) Governmen1 drmvmg an cquivalen-pay .F-rovided thar in cast of appoim:mern of2 person as the Chairperson or a 1v1embe:r who has: rei.ued from the senrice under Central Govemrnem or State Governrnent and who is in receipr of or has received or has become entitled to receive anv retirement benefits by way of pension, gratuity, employers contributior1 to the Contribmory Providem Fune or other fonn.s of retiremenr benefits, the pay of such Chaiiperson or Member, shall be reduced by the .gross amount of.,,nension or em"plov-e-, contribution to the Contriburor-v Provident Fund or any other form ofretirement benefits, if any (except pension equivalent of gratuity), drawn orto be drawn by him: Pro,ided further that ifa person who has retired from any service including service under Central Government or State Govemment, Public Sector Unde,tahngs and/or Autonomous Bodies is apoointed as the Chairperson or a ~ _, -. Member. he shall be entitled to receive dearness allowance at the same rate as applicable to a Group 'A' officer of the Central Government dravs':ing an equivalent pay, bur he shall not be entitled to receive dearness reliefon pension dlli""ing the period he holds office as such Chairperson or a l\1ember. (ii) Leave:- The Chair,,erson or a Member shall be entitled to thirty days of ean1ed Ieave for every year ofservice, The payment ofleave salary during le:S.ve shall be governed by rule 40 ofthe Cenrral Civil Services(Leave) Rues, 1972. The Chairperson or Member shall be entitled to encashment of fiftypercent ofearned leave to his credit at any time. (iii). Provident Funds- The Chairperson and a Member shall be entitled to subscribe to the Contributory Provident Fund which shall be governed by the Contributoryfrovide~tFund Rules, 1962; . . . : . . ,.(iv) .Tia:,,elling Allowance .and Dai/y -Allow.ance:-..rt;e.-Ghairperson cand. a Member shall be entitled to travelling allowance and daily allowance for transponation of personal .effects while on tour or on transfer (including the _i, ournev .., undertaken to -ioin the Authority or on the exnirv o,I of his term with the Authority to proceed to his home-town), at the same rat~ es as applicable to Group 'A' officer.ofthe Central Government drawing an equivalent pay. (v) Domestic official toursr-The Chairperson and a Member, while on tour, shall be entitled to the facility ofGovernment accommodation in guest houses or inspection bungalows run by the Central Government, wherever available, on payment ofnormal rent at outstations, as applicable to Group "A" Officers ofthe Central Government drawing an equivalent pay. In case Government accommodation is not avauame wnue on domestic official tour, the Chairperson and a Member shall be entitled to stay in India Tourism Development Comoration hote1s on a reimbursement h::1~1c;: ::ind whf':rP:vP:, India Tourism Development Corporation hotels are not available, in other hotels on reimbursement basis, re-imbursement in both cases being limited to lodging charges only, and on a single room occupancy basis; (vi) Leave Travel Concession:- The Chairperson and a Member shall be entitled to leave travel concession at the same rate as applicable to Group 'A' officers ofthe Central Government drawing an equivalent pay; (vii) Medical Facilities.-The Chairperson and a Member shall be entitled to medical treatment and hospital facilities, as provided in the Central Government Health Scheme and at places where the Central Government Health Scheme is not in operation, the Chairperson and a Member shall be entitled to facilities as provided in the Central Services (Medical Attendance) Rules, 1944; (viii) Official Visits Abroad The Chairperson and a Member shall be entitled to undertake official visits abroad with the prior approval of the Minister of the Government of India in-charge of the Department of Telecommunications and after clearance from Ministry ofExternal Affairs on the points relating to political affairs. The daily allowance and provision of hotel accommodation during the period of tour abroad shall be regulated in accordance with the Government instructions as applicable to officers or equal grade in the Government of India. Indian Missions abroad shall take care of arrangements and extend facilities as, a~p~cab1e 'to Group "A'?.. officers of the C.entr;,aj.~A~r.9Y~;i:Q!J?~Bc~;.i:;9E~~g ,~'1 eqU1we3lentpay;';; (b J c Member shali bt enntltd re, res,dennal accommodanon as applicable re, Group 'A officers oftht Cenrrai Govemmtnr dcewing an tquivalem pa) On demitrin office. the Chairperson and Member shall be entitled to retention ofresidential accommodation for one month. on the same terms and conditions 4. Oath of Office and Secrecy :-Every person appointed to be the Chairperson and Member shall, before enrering upon their office. make and subcribe an Oath ofOffice and Secrecy, in the FORMS I and II annexed to these rule 5. Interpretation -If any question arises relating to the intelpretation of these rules, the same shall be referred to the Central Govemmenrforits decision. 6. Residuary pronswn :-Matters relating to the tenns and cOnditions of
service of the Chairperson or a Member with respect to which no express
provision has been made ID these rules, shall be referred by the Authority to the
Central Govemment for its decision, and the decision. ofthe Central Govemment
thereon shall be applicable to the ChairpersonorMember, as the case may be. 7. J>ower,:to relax :-The Central Govenun~11ts_haJj .have_power.to relax-any pr-ovision ofihese rules lll respect ofChairpeison or anyotherMember. ~ :<, .-:"::,..:".:J;r;,: ..:. : . JE No lO-l-1/2000-TCO] ' '" M, . -ANILY,JJW-JAp-= .Jt_ Secy_ THE GJ:.ZFTTE OF INDIA . EXTP n.QRDD~AF.Y FOR..M-I (See rule 4) Form ofOath ofOffice for the Chau-person/Members ofthe Telecom Regulatory Authority ofIndia I, , having been appointed as the Chairperson/Member (cross out portion nu[ aplitaole) solemrJy affirm ancl do swear in the name ofGod I will faithfully and conscientiously discharge my duties as the Chairperson/Member (cross out portion not applicable), of the Telecom Regulatory Authority of India, to the best of my ability, knowledge and judgement, without fear or favour, affection or ill-will. (Name ofthe Chairperson/Member) Dated: TELECOM REGULA TORY AUTHORITY OF IN'DIA FORM-II (See rule 4) Form ofOath ofSecrecy for the Chairperson/Members ofthe Telecom Regulatory Authority ofIndia I, , having been appointed as the Chairperson/ Member (cross out portion not applicable) do solemnly affirm and swear in the name of God that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as the Chairperson/Member (cross outportion not applicabley ofthe said Telecom Regulatory Authority of India, except as may be required for the due discharge of my duties as the Chairperson/Member (cross out portion not applicable). I .e (Name offoe Chairperson/Member ) . Dated: TELECOM REGTJLATORYAUTHORITY OF INDLA.. : ..\.:.. -;-.i, . . :-~ . -~ ".. . . _ ~ ~-- '.,.....: I
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I
MINISTRY OF FINANCE (Department ofExpenditure) RESOLUTION New Delhi, the 25th July, 2016 No. 1-2/2016-IC.-The Seventh Central Pay Commission (Commission) was set up by the Government ofIndia vide Resolution No. 1/1/2013-E.III (A), dated the 2gth Febrnary, 2014. The period for submission ofreport by the Commission was extended upto 31st December, 2015 vide Resolution No. 1/1/2013-E.III(A), dated the gth September, 2015. The Commission, on 19th November, 2015, submitted its Report on the matters covered in its Terms of Reference as specified in the aforesaid Resolution dated the 28th February, 2014. THE GAZETTE OF INDIA: EXTRAORDINARY [PART I-SEC. l] 4. (1) The Pay Matrix, in replacement ofthe Pay Bands and Grade Pays as in force immediately prior to the notification ofthis Resolution, shall be as specified in Annexure I in respect ofcivilian employees. comprehensive view in the matter. ['lWTI-~I] 
cfiT CHAPTER II
(a) all 9rants, fees and charges received by theAuthority underthis 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) me salaries andallowances payable totheChairperson and members and the administra.tive expenses including the salaries. allowances and pension payable to or in respect of officers and other employees ofthe authority; and (b) the expenses on objects and for purposes authorised by this Act 36.. Power to make regulatio_ns
' ' ' ' ' ,, ' ' ' '' t. ,'
,. the following rates; namely- ' Payscaleof.officers Perdiemhattinga11QWance (0 (ii) RS:2240(},24500 Rs, 18400-22400&Rs.143-183'.)() US$ 450perdayUS$350perday. Oii)' (IV} Rs.12000-16500arobelow fortraveltoNepal (all categories) US$29')perday .. US$250pe(day(tobepaldin IndianRupees) 3'.l'm"lT{Ol EXTRAORDINARY "WT II-~1 PART II -Section 1 ~~~ PUBLISHED BY AUTHORITY ~o 24] No. 24] ~~. ~, ~18, 2014/ ~27, 1936 (~) NEWDELHI, FRIDAY, JULY18, 2014/ASHADA 27, 1936 (SAKA) ~Wll1~1fo~~~%~fcfi~3lWT.~cfi"~~WT'1fl~I Separate paging is given to this Part in order that it may be filed as a separate compilation. MINISTRYOF LAWAND JUSTICE (Legislative Department) New Delhi, the 18th July, 2014/Asadha 27, 1936 (Saka) . The following Act of Parliament received the assent of the President on the 17th July, 2014, and is hereby published forgeneral information.-c- TiffiTELECOMREGULATORY AUTIIORITYOFINDIA (AMENDMENT) ACT, 2014 No. 20 OF 2014 [17th July, 2014.] ANAcrfurthertoamend theTelecomRegulatoryAuthorityofIndiaAct, 1997. 24 of 1997. BE it enacted by Parliament in the Sixty-fifth Year ofthe Republic ofindia as follows:-1. (J) ThisActmay be called the Telecom RegulatoryAuthority ofindia (Amendment) Act, 2014. (2) It shall be deemed to have come into force on the 28th day ofMay, 2014. 2. In theTelecom RegulatoryAuthority oflndiaAct, 1997 (hereinafter referred to as the principal Act), in section 5,- Short title and com-mencement. Amendment of section 5. .,. .... ,::,,,; (i) for sub-section (8), the following sub-section shall be substituted, namely:-"(8) The Chairperson and the whole-time members shall not, for a period . of two years from the date on which they cease to hold office as such. except with the previous approval of the Central Government, accept-:-(a) any employment either under the Central Government or under any State Government; or 2 THE GAZEITE OFINDIAEXTRAORDINARY [PARTII-SEc. l] Repeal and saving. (b) any appointment in any company m the business of telecommunication services."; (ii) the Explanation at the end shall be omitted. 3. (I) The Telecom Regulatory Authority ofIndia (Amendment) Ordinance, 2014, is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or ta.ken under the corresponding provisions of the principal Act, as amended by this Act. Ord. 3 of 2014. P.K. MALHOTRA, Secy. to the Govt. ofIndia. . ..:'1 
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