(1) The Authority may appoint officers and such other employees as it considers necessary for the efficient discharge of its functions under this Ordinance.
(2) The salary and allowances payable to and the other conditions of service of the officers and other employees of the Authority appointed under sub-section (1) shall be such as may be determined by regulations.
Officers and other employees of Authority.
13 of 1885.
CHAPTER 111 POWERS AND FLNCIIONSOI THI: AV I HOKH Y
11. (I) Notwithstanding anything contained in die Indian Telegraph Act, 1885, the functions of the Authority shall be iota) recommend the need and timing for introduction of new service provider;
(b) recommend the terms and conditions of licence lo a service provider;
Functions of Authority.
6 THE GAZETTF OF INDIA EXTRAORDINARY [PART II—
(c) ensure technical compatibility and effective inter-relationship between different service providers;
(d) regulate arrangement amongst service providers of sharing their revenue derived from providing telecommunication services;
(e) ensure compliance oftcrms and conditions of licence;
(f) recommend revocation of licence for non-compliance of terms and conditions of licence;
(g) lay down and ensure the time period for providing local and long distance circuits of telecommunication between different service providers;
(h) facilitate competition and promote efficiency in the operation of telecommunication services so as to facilitate growth in such services;
(i) protect the interest of the consumers of telecommunication services;
(j) settle disputes between service providers;
(k) render advice to the Central Government in the matters relating to the development of telecommunication technology and any other matter relatuble to telecommunication industry in general;
(1) levy fees and other charges at such rates and in respect of such services as may be determined by regulations;
(m) ensure effective compliance of universal service obligations;
(n) perform such other functions including such administrative and financial functions as may be entrusted to it by the Central Government or as may be necessar>' to cany out the provisions of this Ordinance.
(2) Notwithstanding anything contained in the Indian Telegraph Act, 1885, the Authority may, from time to time, by order, notify in the Official Gazette the rates at which the telecommunication services within India and outside India shall be provided under this Ordinance including the rates at which messages shall be transmitted to any country outside India;
Provided that the Authority may notify different rates for different persons or class of persons for similar telecommunication services ajid where different rales are fixed ai aforesaid the Authority shall record the reasons therefor.
(3) While discharging its functions under sub-section (1), the Authority shall not act against the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality.
(4) The Authority shall ensure transparency while exercising its powers and discharging its functions.
SEC. 1] ^ THE GAZETTE OF INtXA EXTRAORDINARY 7 i2 . ( I ) Wiicie the Authority ccmsiJcis it expedient so lo tin, ii n\ny, by order in Writing-
(n) cnll upon nny service provider nt any lime to furnish in writing such Information or explanation relating lo its affairs as the Authority may require; or
(b) appoint one or more persons to make an inquiry in relation lo the affairs of any service provider; mid
(c) direct nny of its ofTiccts or employee"! to inspect the book"; of account or other documents of nny service provider,
(2) Where any inquiry in relation to the nifnirj of a service provider lias been undertaken under sub-section (1) -
(n) every officer of the Government Department, i f such service provider is a department of the Government;
(b) every director, mnnnger, secretory or oilier officer, IFsvich service provider Is a company; or
(c) every pnrtner, mnnnger, secretory vr otlicr officer, ifsticli service provider is a f irm; or
(d) every other person or body of persons who has Imd dealings in the course of business with any of the persons mentioned in clauses (b) mid (c), shall be bound to produce before the Authoiiiy making the inquiry, all such books of accounts or other documents in bis custody or power relating to, or having a bearing on the subject - matter of such Inquiry and also to furnish to the Authority with nny such statement or information relating thereto, as the case may be, required of him, within such time ns mny be specified.
(3) Every service provider shall maintain such books of account or oilier documents aa mny be prescribed.
(4) The Authority slinil hnvc the power in issue such directions to service providers as it mny consider iieccssnry for proper functioning by service provider1!.
Power1; of Authority lo cfill for infomintlon, conduct investigations, etc.
13. The Authority mny, for the discharge of i ts functions under subsection (1) of section 11, issue such directions from time to time to the service providers, os it may consider necessary.
Power of Authority to issue diicclions.
CHATTER IV SnTTi.rMi.Ni ornisj'uir-rs
14. (I) If n dispute miscs, in respect of m niters referred to in sub-section (2), among service providers or between service provider; mid n group cf coniumeii, such disputes shnll be adjuclicntcd by n bench conMiiuied by the Clinirpenon nnd vich bench shall consist of two members;
Authority to rattle dKpwcs.
8 THE GAZETTE OP INDIA EXTRAORDINARY [PART II—
Provided that if the members of the bench differ on any point or r\j,nts they shall state the point or points on which they differ and refer the same t>~ a third member for hearing on such point or points and 'lUch point or points shall IJ_ decided according to the opinion of that member.
(2) The bench constituted under sub-ssction (I) shall exercise, on and from the appointed date alt such jurisdiction, powers and authority as were exercisable immediately before that date by any civil court on any matter relating to—
(i) technical compatibility and inter-connections between service providers;
(ii) revenue sharing arrangements between different service providers;
(iii) quality of telecommunication services and interest of consumers.
Provided that nothing in this sub-section shall apply in respect of marten, relating to-
(n) the monopolistic trade practice, restrictive trade practice and uiifjir tradi:
practice which ate subject to the jurisdiction of the Monopolies and Ryuncuve Trade Practices Commission established under sub-section (1) of section 5 of the Monopolies and Restrictive Trade Practices Act, 1969; 54 of 196^ .
(b) die complaint of an indiv idual consumer maintainable before a Consumer Disputes Redressal Forum or a Consumer Disputes Redressal Commission or the National Consumer Disputes Redressal Commission established under section 9 of •the Consumer Protection Act. 19S.6; 6ti o f ] r-iP.f.
(c) dispute between telegraph authority and any other person referred to in subsection (I) of section 7B of th.j Indian Telegraph Act, 18S5. 13 oi ]Hbb.
Filing of applicatiot to Authority and procedure for passing order by it.
15 (1) An aggrieved person may make an application in respect of matt ITS referred to in sub-section (2J of section 14 within such period as may be prescribed.
Explanation,- For the purposes of this sub-section, the expression "aggrieved person" means-
(i) any service provider who has a dispute in respect of matters referred to in clauses (i) and (ii) of sub-section (2) of section 14;
(ii) where any loss or damage is caused to a group of consumers, any member representing such group of consumers.
(2) On receipt of an application made under sub-section (1), the Authority may.
after giving the parties an opportunity of being heard, pass such orders as it thinks fit preferably within a period of six months from the date of filing of such application and shall record reasons in writing if final order cannot be passed within the said period
(3) While arriving at a decision, the Authority shall record in writing the reasons for such decision.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9
(4) Every decision of (he Authority ihall be published in the annual report of [he Authority.
(5) The orders and directions of the Authority shall be binding on the service providers, Government and all other persons concerned.
5 of 1908