(1J This Ordinance may be called the Telecom Regulatory Authority of India Ordinance, 1997.
(2) It extends to the whole of India.
(3) It shall come into force at once.
Definitions. 2. (1) In this Ordinance, unless the context otherw ise requires,-
(a) "appointed date" means the date with effect from which the Authority i::
established under sub-section (1) of section 3;
(b) "Authority" means the Tdi^om Regulatory Authotiiy of ImJi.i cM;ib!ishud under sub-section (1) of suction 3;
(c) "Chairperson" means the Chairperson of the Authority appoimtd iiudtr sur>seciion (3) of section 3;
(d) "Fund" means die Fund constituted under sub-section (1) of section 22;
(e) "licensee" means any person licensed under sub-scclion (1) of section 4 of the Indian Telegraph Act, 1885 for providing specified public telecommunication services;
(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 Olficial Gazette;
(h) "prescribed" means prescribed by rules made under this Ordinance;
(i) "regulations" means regulations made by the Authority under this Ordinance;
(j) "service provider" means the Government 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 electromagnetic means but shall not include broadcasting services.
13 of1R85.
Spr 11 THE GAZETTE OF INDIA EXTRAORDINARY 3 13 or 1885.
17 of 1933.
(2) Words nnd expressions used mid not defined in Iliis Ordinance but defined in the Indian Telegraph Act, ISR5 or tlic Indinn Wireless Telegraphy Act, 1933, slinll have the meanings respectively assigned to them in those Act.s,
(3) Any reference in this Ordinance to a Inw which is not in force in the Slate of Jninmu find Kashmir slinll in relation to that State be coustiucd as n reference to the corresponding law, If nny, in (lint State.
CHAPTER II ' TELECOM REGULATORY AUTHORITY OF INDIA 3, (I) With effect from such date ns the Centr.il Government may, by notification appoint, there sltnll be established, for the purposes of this 0rdiiinr.ee, an Authority to be cnlled the Telecom Regulatory Authority of India.
Establishment nnd incor-
(2) The Authority shall be a body corporate by the name aforesaid, hnving perpetual succession nnd n common senl, with power, subject to the provisions of this Ordinance, to Require, hold nnd dispose of property, troth movable and immovable, rind Jo contract, and shall, by the said name, sue or be sued.
(3) I he Authority slinll consist of fi Chairperson, and not less than tun, but not exceeding four members, to be appointed by the Central Government.
('I) I he licnd oflkc of the Autlioriiy slinll be at New Delhi.
poration ot Authority.
4, ( I ) The Chairperson shall be a person who is or has been a Judge of the Supreme Court or who is or has been the Chief Justice of a High Court.
(2) A member slinll be a person,-
(a) wliohns lieki tlic post of Secretary or Additional Secretary, or the pmts of Addltlonnl Secretary nnd Secrctnry to the Oovemment of ludln or nny cquivnlcnt post In the Central Government or the State Government for a period of three years;
or
(b) who lias special knowledge of law or consumer affairs.
Qualifications for nppointment of Chairperson and other members.
S. (1) Before appointing any person as the Chairperson or member, the Central Government shnll sntlsfy itself tlint the person does not have nny such Hnnnclal or other interest as is likely to affect prcjudicinlly his functions ns such member.
(2)The Chairperson shall hold office for a (erm of five years from the date on which he enters up6n his office.
(3) A member shall hold office fora term of five years from the date on which he enters upon his office or until he attains the ngc of sixty-five years, whichever is earlier.
(4) The employee of the Government on his selection ns member shnll hnvc to relit e from service before Joining as a member.
Term of office, conditions of service, etc.
of Chairperson and other members.
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(5) The salary and allowances payable to and the other terms and conditions of service of the Chairperson and other 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 not be varied to his disadvantage after appointment.
(7) Notwithstanding anything contained in sub-section (2) or sub-section (3), a member may-
(a) relinquish his office by giving in writing to the Central Government notice of not less than three months; or
(b) be removed from his office in accordance with the provisions of section 7,
(8) The Chairperson or any other member ceasing to hold office as such, shall -
(a) be ineligible for further employment under the Central Government or any State Government; or
(b) not accept any commercial employment, for a period of TWO years from the date he ceases to hold such office,
(9) A vacancy caused to die office of the Chairperson or any other member shall be filled up within a period of two months from the date on whi^h 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 or financial business in any field and includes al:-o a director of a company or partner of a firm and it also includes setting up practice cither independently or as partner of a firm or as an adviser or a consultant.
Power of Chairperson and Vice- Chairperson.