Act Number: 24

Act Name: The Telecom Regulatory Authority of India Act, 1997

Year: 1997

Enactment Date: 1997-03-28

Long Title: An Act to provide for the establishment of the Telecom Regulatory Authority of India and the Telecom Disputes Settlement and Appellate Tribunal to regulate the 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.

Ministry: Ministry of Communications

Department: Department of Telecommunications

Section 2: Definitions.
    (1) In this Act, unless the context otherwise requires,--
         (a) "appointed day" means the date with effect from which the Authority is established under sub-section (1) of section 3;
             1[(aa) "Appellate Tribunal" means the Telecom Disputes Settlement and Appellate Tribunal established under section 14;]
         (b) "Authority" means the Telecom Regulatory Authority of India established under sub-section (1) of section 3;
         (c) "Chairperson" means the Chairperson of the Authority appointed under sub-section (3) of section 3;
         (d) "Fund" means the Fund constituted under sub-section (1) of section 22;
         (e) licensee means any person licensed under sub-section (1) of section 4 of the Indian Telegraph 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 licence under 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 and includes 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 mobile telephone services) which is made available to users by means of any transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature, by wire, radio, visual or other electro-magnetic means but shall not include broadcasting services.
     3[Provided that the Central Government may notify other service to be telecommunication service including broadcasting services.]
     (2) Words and expressions used and not defined in this Act but defined in the Indian Telegraph Act, 1885 (13 of 1885) or the Indian Wireless Telegraphy Act, 1933 (17 of 1933), shall have the meanings respectively assigned to them in those Acts.
     (3) Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir* shall in relation to that State be construed as a reference to the corresponding law, if any, in that State.
Notes:
1. Ins. by s. 3, ibid. (w.e.f. 24-1-2000).
2. Subs. by s. 3, ibid., for "Government" (w.e.f. 24-1-2000).
3. Ins. by Act 2 of 2000, s. 3 (w.e.f. 24-1-2000).
*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh.
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