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 16: Procedure and powers of Appellate Tribunal
    1[16. Procedure and powers of Appellate Tribunal.-- (1) The Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act, the Appellate Tribunal shall have powers to regulate its own procedure.
     (2) The Appellate Tribunal shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:--
         (a) summoning and enforcing the attendance of any person and examining him on oath;
         (b) requiring the discovery and production of documents;
         (c) receiving evidence on affidavits;
         (d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), requisitioning any public record or document or a copy of such record or document, from any office;
         (e) issuing commissions for the examination of witnesses or documents;
         (f) reviewing its decisions;
         (g) dismissing an application for default or deciding it, ex parte;
         (h) setting aside any order of dismissal of any application for default or any order passed by it, ex parte; and
         (i) any other matter which may be prescribed.
     (3) Every proceeding before the Appellate Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code (45 of 1860) and the Appellate Tribunal shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).]
Notes:
1. Subs. by s. 11, ibid., for Chapter IV (w.e.f. 24-1-2000).
Scroll to Top