The Telecom Regulatory Authority of India Act, 1997

(1) This Act may be called the Telecom RegulatoryAuthority of India Act, 1997. (2) It extends to the whole of India. (3) It shall be deemed to have come into force on the 25th day of January, 1997.

(1) In this Act, unless the context otherwise requires,-- (a) "appointed day" means the date with effect from which the Authority is established undersub-section (1) of section 3; 1[(aa) "Appellate Tribunal" means the Telecom Disputes Settlement and Appellate Tribunalestablished under section 14;] (b) "Authority" means the Telecom Regulatory Authority of India established undersub-section (1) of section 3; (c) "Chairperson" means the Chairperson of the Authority appointed under sub-section (3) ofsection 3; (d) "Fund" means the Fund constituted under sub-section (1) of section 22; (e) licensee means any person licensed under sub-section (1) of section 4 of the IndianTelegraph Act, 1885 (13 of 1885) for providing specified public telecommunication services; 1[(ea) "licensor" means the Central Government or the telegraph authority who grants a licenceunder section 4 of the Indian Telegraph Act, 1885 (13 of 1885);] (f) "member" means a member of the Authority appointed under sub-section (3) of section 3 andincludes the Chairperson and the Vice-Chairperson; (g) "notification" means a notification published in the Official Gazette; (h) "prescribed" means prescribed by rules made under this Act; (i) "regulations" means regulations made by the Authority under this Act; (j) "service provider" means the 2[Government as a service provider] and includes a licensee; (k) "telecommunication service" means service of any description (including electronic mail,voice mail, data services, audio tex services, video tex services, radio paging and cellular mobiletelephone services) which is made available to users by means of any transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature, by wire, radio, visual or otherelectro-magnetic means but shall not include broadcasting services. 3[Provided that the Central Government may notify other service to be telecommunication serviceincluding broadcasting services.] (2) Words and expressions used and not defined in this Act but defined in the Indian Telegraph Act,1885 (13 of 1885) or the Indian Wireless Telegraphy Act, 1933 (17 of 1933), shall have the meaningsrespectively assigned to them in those Acts. (3) Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir* shall in relation to that State be construed as a reference to the corresponding law, if any, in that State.

(1) With effect from such date as the CentralGovernment may, by notification appoint, there shall be established, for the purposes of this Act, anAuthority to be called the Telecom Regulatory Authority of India. (2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and acommon seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property,both movable and immovable, and to contract, and shall, by the said name, sue or be sued. 1[(3) The Authority shall consist of a Chairperson, and not more than two whole-time members andnot 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.

1[4. Qualifications for appointment of Chairperson and other members.-- The Chairperson andother members of the Authority shall be appointed by the Central Government from amongst persons whohave special knowledge of, and professional experience in, telecommunication, industry, finance,accountancy, law, management or consumer affairs: Provided that a person who is, or has been, in the service of Government shall not be appointed as amember unless such person has held the post of Secretary or Additional Secretary, or the post ofAdditional Secretary and Secretary to the Government of India or any equivalent post in the CentralGovernment or the State Government for a period of not less than three years.]

(1) Beforeappointing any person as the Chairperson or member, the Central Government shall satisfy itself that theperson does not have any such financial or other interest as is likely to affect prejudicially his functions assuch member. 1[(2) The Chairperson and other members shall hold office for a term not exceeding three years, as theCentral Government may notify in this behalf, from the date on which they enter upon their offices oruntil they attain the age of sixty-five years, whichever is earlier. (3) On the commencement of the Telecom Regulatory Authority of India (Amendment) Act, 2000(2 of 2000), a person appointed as Chairperson of the Authority and every other person appointed asmember and holding office as such immediately before such commencement shall vacate their respectiveoffices and such Chairperson and such other members shall be entitled to claim compensation notexceeding three months pay and allowances for the premature termination of the term of their offices orof any contract of service.] (4) The employee of the Government on his 2[selection as the Chairperson or whole-time member]shall have to retire from service before 3[joining as the Chairperson or a whole-time member, as the casemay be.] (5) The salary and allowances payable to and the other terms and conditions of service of theChairperson and 4[whole-time members] shall be such as may be prescribed. (6) The salary, allowances and other conditions of service of the Chairperson or of a member shall notbe varied to his disadvantage after appointment. 5[(6A) The part-time members shall receive such allowances as may be prescribed.] (7) Notwithstanding anything contained in sub-section (2) 6***, a member may-- (a) relinquish his office by giving in writing to the Central Government notice of not less thanthree months; or (b) be removed from his office in accordance with the provisions of section 7. 7[(8) The Chairperson and the whole-time members shall not, for a period of two years from the dateon 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 (b) any appointment in any company in the business of telecommunication services.] (9) A vacancy caused to the office of the Chairperson or any other member shall be filled up within aperiod of three months from the date on which such vacancy occurs. 8* * * * *