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Section 16

The Telecom Regulatory Authority of India Ordinance, 1997.Ordinance · 1997

(1) The Authority shall be guided by the principles of natural justice.

(2) The Authority shall have, for the purpof e of discharging their functions under this Chapter, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 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) issuing commissions for the examination of witnesses or documents;

(e) reviewing its decisions;

(f) dismissing an application for default or deciding it ex-parte;

(g) setting aside any order of dismissal of any application for default or any order passed by it ex pane;

(h) any other matter which may be prescribed.

Procedure and powers of Authority.

45 of 1860.

(3) Every proceeding before the Authority shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purpose of section 196 of the Indian Penal Code and the Authority shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure,

1973.2 of 1974.

17. The applicant may either appear in person or authorise one or more legal practitioners or any of its officers to present his or its case before the Authority.

Right to legal representation.

18. Any person aggrieved by any decision or order of the Authority may file an appeal 10 the High Court within thirty days from the date of communication of the decision or order of the Authority to him:

Provided that the High Court may. if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filid within a further period not exceeding sixty days.

Appeal to High Court.

10 THE GAZETTE OF INDIA EXTRAORDINARY TPART II— Orders passed by Authority or High Court to be executable as a decree.

19. Every order made by the Authority under this Ordinance or the order made by the High Court in any appeal against any order of the Authority shall, on a certificate issued by any officer of the Authority or the Registrar of the High Court, as the case may be, be deemed to be decree of the civil court and shall be executable in the same manner as a decree of that court.

Penalty for wilful failure to comply wim orders of Authority or High Court.

20. If any person wilfully fails to comply with the orders of the Authority or any order of the High Court, as the case may be, he shall be punishable with fine which may extend to one lakh rupees and in case of a second or subsequent offence with fine which may extend to two lakh rupees and in the case of continuing contravention with additional fine which may extend to two lakh rupees for every day during which the default continues.

Grants by Central Government.

CHAPTER V FINANCE, ACCOUNTS AND AUDIT

21. The Central Government may, after due appropriation made by Parliament by law In this behalf, make to the Authority grants of such sums of money as are required to pay salaries and allowances payable to the Chairperson and the members and the administrative expenses including the salaries, allowances and pension payable to or in respect of officers and other employees of the Authority.

Fund. 22. (1) There shall be constituted a Fund to be called the Telecom Regulatory Authority of India General Fund and there shall be credited thereto—

(a) all grants, fees and charges received by the Authority under this Ordinance;

and

(b) all sums received by the Authority from such other sources as may be decided upon by the Central Government.

(2) The Fund shall be applied for meeting -

(a) the salaries and allowances payable to the Chairperson and members and the administrative expenses including the salaries, allowances and pension payable to or in respect of officers and other employees of me Authority; and

(b) the expenses on objects and for purposes authorised by this Ordinance.

Accounts and audit.

Where this provision sits

ActThe Telecom Regulatory Authority of India Ordinance, 1997.
Section16
StatusIn force as published by the source

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