CHAPTER XBREACH OF TERMS AND CONDITIONS OF LICENSE OR REGISTRATION, CIVIL LIABILITY AND ADJUDICATION
Breach of terms and conditions of licenses, etc.
32.(1) In any case of breach of any of the terms of the license or registration or failure to comply with any decision, direction or order of the Commission, it may, after providing an opportunity to the party concerned of being heard, do any one or more of the following, namely:-
(a) direct the licensee or grantee to do or abstain from doing any act or thing to prevent such breach or for such compliance;
(b) suspend the license or registration for a specified period;
(c) curtail the period of the license or registration ;
(d) revoke the license or registration ;and
(e) initiate adjudication proceedings under this chapter.
(2) If the Commission has a reason to believe that the terms and conditions of a license or registration for providing a not work infra-structure facility or Communication service under this Act have been or are being breached, the Commission may direct or order the seizure of the equipment being used for provision of such facility or service, and for this purpose the Commission may ,by order in writing, authorise any District Magistrate, or Sub-Divisional Magistrate in any area ,or any other officer of the Central Goverment or State Government or Union territory Administration , to implement and ensure compliance of its directions and orders; and when so authorized , such Magistrate or officer shall be bound to carry out the directions and orders of the Commission.(3) Any person aggrieved by such seizure under sub-section(2) , may prefer an appeal to the Appellate Tribunal within thirty days of the seizure and the Appellate Tribunal may pass such orders ,as expeditiously as possible as to the disposal of the property so seized as it may deem fit. Provided that no such equipment shall be retained by the Commission or the authorised officer for a period exceeding forty five days from the date of its seizure, unless the Appellate Tribunal on the report made by the authorised officer, approves such retention for a longer period.
Civil liability for breach of terms and conditions of license. etc.
33.
If any licensee or grantee commits breach of , or fails to comply with any terms and conditions subject to which a license or registration, as the case may be, was granted or fails to comply with any rule, regulation or order made under this Act, the licensee or grantee shall be liable to a civil liability under this Chapter.
Civil liability for contravention of the provision relating to transmission etc.
34.
If any person transmits or distributes any communication or performs any service incidental thereto, by the use of a network infrastructure facility, communication service or wireless equipment which is required to be licensed or registered under this Act and not so licensed or registered, as the case may be, or has been established or maintained or operated in contravention of the provisions of this Act or any rule or regulation made thereunder, such person shall be liable to a civil liability under this chapter.Civil liability for delivery of content through facilities, services or equipments not licensed or registered.
35.
If any person delivers any content for transmission or accepts delivery of any content sent by the use of network infrastructure facility, communication service or wireless equipment knowing or having reason to believe that such facility, service or equipment has been established or has been maintained or operated without a license or registration or in contravention of the provisions of this Act or any rules or regulation made thereunder, such person shall be liable to a civil liability under this chapter.Civil liabilities for failure to Register Agreements
36. If a service provider fails without reasonable excuse to register an agreement, which is required to be registered as provided for in section 29, he shall be liable to civil liability under this chapter.
Civil liability for failure to comply with the decision, direction or orders of the Commission.
37. If any person wilfully fails to comply with any decision, direction or order of the Commission, he shall be liable to civil liabilities under this chapter.
Filing of complaint, reference for adjudication etc.
38.
(1) A complaint may be filed before the Commission alleging that a service provider or any other person has incurred a liability to a civil liability under this Chapter.(2) Every complaint under sub- section (1) ,except a complaint under section 33, shall be filed within sixty days from the date on which any act or conduct constituting the contravention took place and shall be in such form as may be prescribed:
Power to adjudicate
39. (1) For the purpose of adjudging whether any person has contravened any of the provisions of this Act, any rules, regulations, made thereunder or directions or orders issued under this act is liable to a civil liability under this Chapter, the Commission shall, subject to the provision or subsection (3), appoint by general or special order, an officer of the commission as Adjudicating Officer for holding an inquiry in the manner provided for herein and in the regulations.
(2) The Adjudicating Officer shall give the person referred to in sub-section (l), a reasonable opportunity for making a representation in the matter, and if, on inquiry, the Adjudicating Officer is satisfied that the person has committed any contravention, and is liable to a civil liability, then, such liability as may be determined, by order, shall be imposed by the Adjudicating Officer on such person:
Provided that where the Adjudicating Officer is satisfied that there has been no contravention, he may pass such order as he deems fit.
(3) No person shall be appointed as an Adjudicating Officer unless he possess such experience as mey be prescribed.
(4) Where more than one Adjudicating officers are appointed, the Commission shall specify, by order, the matter and places with respect to which such officers shall exercise their jurisdiction.
(5) For the purpose of discharging his powers and functions, every Adjudicating officers shall have 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) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872, requisitioning any public record or document or a copy of such record or document or a copy of such record or document, from any office;
(e) issuing commission for the examination of witness or for production of documents;
(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 him exparte;
(h) reviewing his decisions;
(i) granting interim relief; and
(j) any other matter which may be prescribed.
(6)The Adjudicating Officer shall endeavour to decide disputes and complaints referred to him as expeditiously as possible.(7) Any proceeding before the Adjudicating Officer shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of sections 196, of the Indian Penal Code and the Adjudicating Officer shall be deemed to be a civil court for the purpose of section 195 and chapter XXXVI of the Code of Criminal Procedure, 1973.
40. (1). If any person damages, displaces or destroys and cable or any part of the network infrastructure facility laid, established or place in accordance with the provisions of this Act, or if the communication services by reason of the damage or displacement so caused is interrupted, such person shall be liable, -
(a) where the act is wilful and deliberate, to a civil liability which may extend to rupees five crores and where the actual loss or damage caused is more than rupees five crores then the civil liability up to the extent of damage;
(b) where the act is not wilful or deliberate, a civil liability not exceeding the actual loss or damage caused.
(2) out of the civil liabilities imposed under sub-sec. (1), such sum as may be determined by the Adjudicating Officer shall be payable to the licensee or the grantee, as the case may be, as reasonable compensation for damage suffered.41. (l) If any person contravenes the provision of sub-section (l), such sum as may be liable to a civil liability as determined by the adjudicating Officer under this chapter.
42. (1) Any penalty imposed under this Chapter shall not exceed fifty crore rupees.
(2) The Adjudicating Officer shall, While adjudging the quantum of civil liability, under this Chapter, the Adjudicating Officer, have due regard to the provisions of this Act, and also to the following factors, namely:-
(a) the amount of revenue loss to the Government;
(b) the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default;
(c) the amount of loss caused to any person as a result of the default;
(d) the repetitive nature of the default; and
(e) that the amount adjudged shall be such as may act as a deterrent even though no financial loss has been caused by such contravention.