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7 k + l 3im * w - ( ~ ) 0 4 / 0 0 0 7 / 2 0 0 3 4 5 REGISTERED NO. DL-(N)04/0007/200345 W e m o T EXTRAORDINARY WI TI--1
PART 11 - Section 1 ~ + r ~ PUBLISHED BY AUTHORITY No. 611 NEW DELHZ, WEDNESDAY, NOVEMBER 5,20031 KARTIKA 14,1925 W o ~ m 3 f o ~ s ~ ~ r n * m * m % ~ m ~ d ; ~ s 3 m ; j n * l Separate pagin,g is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW AND JUSTICX (kgislat~e Department) New Delhi, the 5th November, 2003lKartika 14,1925 (Saka) THE INDIAN TELEGRAPH (AMENDMENT) ORDINANCE, 2003 NO. 7 OF2003 Promulgated by the President in the Fifty-fourth Year of the Republic of India.
An Ordinance fbrther to amend the Indian Telegraph Act; 1 8 85.
WHEREAS the Indian Telegraph (Amendment) Bill, 2003 was introduced in the House of the People, but has not been passed;
AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action to give effect to the provisions of the said Bill;
Now, THEREFORE, in exercise of the powers conferred by clause (I) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance: -
1. (I) This Ordinance may be called the Indian Telegraph (Amendment) short titieand Ordinance, 2003. commencement.
2 THE GAZETIT OF INDIA EXTRAORDINARY [PART II- Amadmcnt of 2. In section 3 of the Indian Telegraph Act, 1885 (hereinafter refmed to as 13 of 1885.
scctioo 3. the principal Act), clause ( I ) shall be renun~bered as clause (IAA) and before clause (IAA) as so tenurnbered, the following clauses shall be inserted, namely- '(I) "Fund" means the Universal Service Obligation Fuqd established under subsection (1) of -ion 9A;
(1.4) Wnivetsal Sewi(36: Obligation" means the obligatiodl to provide access to basic tefegrsph services to people m the nxal and remote meas at affordable and reasonable prices;'.
~ n m x b a t o f . 3. In section 4 of the principd Act, in sub-section ( I ) , the following s c d h 4. fiplunatjon shall be insated at the end, namely- "Ejcplanation-The payments made .for the grant of a license under this sub-section shall include such sum attributable to the Universal Service Obligatitm as may be determined by the Central Go-@ after considering the rearmmendation made in this behalf by the Teleoom Regulatory Authority of India established under sub-saction (1) of d o n 3 of the Telecom Regulatory Authority of India Act, 1997.". 24 of 1997.
~mwdment of 4. In section 7 of the principal Act, in subsection (2), afler clause (ee), the sedion 7. following clauses shall be inserted, namely- "(eeu) the manner in which the Fund may be administered;
(eeb) the criteria based oo which sums may be released.".
Irsatioa of 5, Aaer Part I1 of the principal Act, the fillowing Part shall be inserted, new Part U A namely:- "PART IIA ~ V E R S A L SERVlCE OB1,IGATION FUND EstaWishment 9A. (I ) On and fiom the commencement of the Indian Telegraph af Universal (Amendment) Ordinance, 2003, there shall be deemed to have been SeM:a:
O M i g s h established, for the purposes of this Act, a Fund to be called the Universal Fund. Service Obligation Fund.
(2) The Fund shall be under the control of the Central Government and there shall be credited therde
(a) any sums of money paid under section 9B;
(b) any grants and loans made by t l ~e Central Government under section 9C.
(3) The balance to the credit of the Fund shall not lapse at the end of the financial year.
Crediting bf 9B. The sums of money received towards the Universal Service sum to Gmsoliited Obligation under d o n 4 shall first be creditd b the Consolidated Fund of I d i and the Central Government may, if Parliament by appropriation ade by law in this behalf so provides, credit such pruwxk to the Fund fiom time to time fbr being utilised exclusively h r meeting the Univasal Service Obligation.
SEC. 11 THlE GAZETTE OF INDIA EXTRAORDINARY 3
9C. The Central Government may, after due appropriation made Grantsand bans by Parliament by law in this behalc credit by vay of grants and l m s L- such sums of money as that G o v w e n t may d d e r necessary in the Fund.
9D. (1) The Central Government shall have the powcr to administer AQninisbatiar.
the Fund in such manna as may be p-ibed by rules made unifer this it3-0~ Act.
(2) The Fund shall be utilised exclusively for meeting the Universal Service Obligation.
(3) The Central Government shall be -ble for the coordination and ensuring timely utilisation and release of sums in accordance with the aitaia as may be presaibed by rules made under this Act.".
A.P. J. ABDUL KALAM, President.
T.K. VIS WANATHAN, ~ e c i to the Gout. of India