CHAPTER XVIIIMISCELLANEOUS
Taking over control and management of Communication Service or network infrastructure facility in public interest.
77. (1) In the event of war or any calamity of national magnitude, the Central Government may by notification for a limited period, in public interest, take over the control and management of any communication service or any network infrastructure facility connected therewith, suspend its operation or entrust any agency of that Government to manage it in the manner directed by the Government for such period as provided for in the notification
(2) If it appears necessary or expedient to do so, the Central Government may, in public interest, at any time request the Commission to direct any licensee to-
(a) transmit in its broadcasting service specific announcements, in such a manner as may be considered necessary;
(b) stop any broadcasting service which is prejudicial to sovereignity or integrity of India, security of the State, friendly relations with foreign States, or to public order, decency or morality, or communal harmony.(3) On the issue of such directions by the Commission it shall be the duty of the licensee to ensure strict observance of
such directions.Obligations of licensees and grantees.
78. (1)Every licensee or grantee shall.-
(a) commence operation of his service within such period as may be specified by the Commission
(b) maintain such documentary records and transmission schedules as may be specified by the regulations;
(c) allow inspection of such facilities and such documentary records and transmission schedules as may be specified by the Commission or by any person authorised by the Commission.
(2) The Commission may call for any information from the licensee or grantee including information necessary for ensuring transparency
or for ascertaining the true ownership of the license or licensee or grantee.(3) The Commission or any officer authorised in this behalf by the Commission shall have power to inspect and obtain information, wherever necessary, from programme producers, distributors and advertising agents.
(4) For effective enforcement of the terms and conditions of licenses or registration, the Commission or any officer authorized by the Commission for that purpose, shall have all the powers of an officer making inspection for the purpose of inspecting books of account and other books and papers of any licensee or grantee officer as provided under Section 209A of the Companies Act, 1956. -1 of 1956.
(5) It shall be the duty of every licensee to carry out the directions of the Commission given under this section.
Licenses to operate wireless equipment on board ships and aircraft
79. (1) No person shall operate any wireless equipment on board any ship or aircraft registered in India without a license granted by such authority or agency as may be notified by the Central Government.
(2) The Central Government may prescribe the qualification for the authority to be notified under sub-section (1) an the manner for granting the license to operate wireless equipment on board, ships and aircraft.
(3) The Central Government may prescribe qualification for tje person to whom a licence for operating wireless equipment referred to in sub-section (1) may be granted examination, if any to be conducted for granting such a licence the conditions of the licence, the fee to be paid thereof and other connected matters.
Recovery of civil liabilities
80. Without prejudice to other modes of recovery, any civil liability imposed under this Act if not paid be recovered as an arrear of land revenue and the Commission shall be empowered to suspend the licence or registration of the person on whom the civil liability is imposed till the same is not paid.
Supply of information to authorised officers
81. Notwithstanding anything contained in any other law for the time being in force, where the Central Government or a State Government is satisfied that any information, document or record in possesion or control of any service provider relating to any service availed by any consumer or subscriber is necessary to be furnished in relation to any pending or apprehended civil or criminal proceedings, an officer specially authorised in writing by such Government in this behalf shall direct such service provider to furnish such information, document or record to him and the service provider shall comply with the direction of the officer..
Act not to apply in certain cases
82. Subject to the provisions contained in Chapter VI nothing contained in this Act shall apply to network infrastructure facilities or communication services owned, and operated by the Central Government or any State Government for their own use.
Bar of jurisdiction of civil courts
83. No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an Adjudicating Officer or the Appellate Tribunal or the Commission is empowered by or under this Act to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.
Chairman, Members etc. to be public servants.
84. The Chairperson, Members and other officers and employees of the Commission, and the chairperson, members, officers of the Appellate Tribunal shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
Protection of action taken in good faith.
85. No suit, prosecution or other legal proceeding shall lie against the Commission, or any Member or officer or other employee thereof or against the Appellate Tribunal or the chairperson or member or officer or other employee thereof for anything, which is in, good faith done or intended to be done in pursuance of this Act or of any rules or regulations made thereunder.
Exemption from tax on wealth an income
86. Notwithstanding anything contained in the Wealth Tax Act 1957 the Income Tax Act 1961 or any other enactment for the time being in force relating to tax on wealth, income, profits or gains the Commission or Appellate Tribunal shall not be liable to pay wealth tax, income tax or any other tax in respect of its wealth, income, profits or gains derived.
Act to have overriding effect
87. The provisions of this Act shall take effect notwithstanding anything inconsistent or contrary therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act..
Power to make rules.
88.(1) The Central Government may by notification make rules for carrying out provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely.-
(a) other services relating to content application service under clause (10) of section 2;(b) other services relating to network application services under clause (16) of section 2;
(c) other facilities relating to network infrastructural facilities under clause (17) of section 2;
(d) other services relating to networking service under clause (18) of section 2;
(e)obligation in respect of services under clause (33) of section 2;
(f) other services relating to value added network application service under clause (34) of section 2;
(g) other article or appratus relating to wireless equipment under clause (35) of section 2;
(h)the search committee for the purposes of sub-section (1) of section 7;
(i) the tenure of part-time members under sub-section (2) of section 8;
(j) the salary, allowances payable to and other terms of service of the Chairperson and other Members under section 10;
(k) any other matters in respect of which the Commission may exercise the powers of a civil court under clause (j) of sub-section (1) of section (14);
(l) the terms and conditions of service of the Secretary-General under sub-section (3) of section 18;
(m) other matters under clause (vi) of sub-section (2) of section 18;
(n) measure to protect consumer interests under clause (vii) of sub-section (2) of section 18;
(o) other matters under clause (xv) of sub-section (2) of section 18;
(p) fee for assignment of frequencies under sub-section (5) of section 23;
(q) the manner and time frame for consultation beteen the Spectrum Manager and the Commission for seeking allocation of additional spectrum under sub-section (2) of section 24;
(r) life saving services to be provided by a service provider shall provide under sub- clause (ii) of sub-section (1) of section 28;;
(s)the manner in which the number and type of broadcasting services including those of the public service broadcaster is to be provided by every service provider under clause (i) of sub-section (3) of section 28;
(t) the form in which a complaint may be filed under under sub-section (2) of section 38;
(u) experience required for the appointment of an adjudicating officer under sub-section (3) of section 39;
(v)any other matters in respect of which an adjudicating officer may exercise the power of the civil court under clause (j) of sub-section (5) of section 39;
(w) the form, the manner of verification and fee to be accompanied with the appeal under clause (a) of sub-section (3) of section 43;
(x) the form, the manner of verification and fee to be accompanied with the appeal under clause (b) of sub-section (3) of section 43;
(y) search committee for the purposes of sub-section (3) of section 44;
(z) the salary and allowance payable to and other terms of conditions of service of, the chairperson and other members of the Appellate Tribunal under sub-section (3) of section 45;
(za) any other matter with respect to which the Appellate Tribunal may exercise powers of a civil court under clause (j) of sub-section (1) of section 48;
(zb)the conditions subject to which the appontment of officers and employees of the Commission or the Appellate Tribunal shall be made under sub-section (1) of section 53;
(zc)the salary and allowances payable tom, and the terms and conditions of service of the officers and employees of the Commission or the Appellate Tribunal shall be made under sub-section (2) of section 53;
(zd) the portion or percentage of the licence fee as my be attributble to Universal Service Obligation to be credited to the Universal Service Obligation Fund under sub-section (2) of section 54;
(ze) the form and manner in which the annual statement of accounts shall be prepared under sub-section (1) of section 57;
(zf) the information relating to the proceedings and policy to be contained in the annual report under subsection (1) of section 58;
(zg) the manner of setting up high powered committees or other appropriate mechanism by the Central Government or a State Government under sub-section (6) of section 59;
(zh) safeguards under sub-section (1) of section 66;
(zi) the qualifications for the authority to be notified under sub-section (1) of section 79 and the manner for granting licences under sub-section (2) of that section;
(zj) the qualifications for the person to whom a licence for operating wireless equipment referred to in sub-section (1) of section 79 may be granted, examination if any to be conducted for granting such a licence, the conditions of the licence, the fee to be paid thereof and other connected matters under sub-section (3) of that section;
(zk) any other matter which is to be or may be prescribed or in respect of which provision is to be made by rules.
Power to make regulations89. (1) The Commission may by notification make regulations consistent with this Act and the rules made thereunder to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power such regulations may provide for all or any of the following matters namely:-
(a) thefucntion to be performed by the regional offices of the Commission under section 12;
(b) the time and places, and the procedure to be observed in regard to the transaction of business at the meetings of the Commission under sub-section (1) of section 13;
(c) the powers and functions of the Secretary General under sub-section (1) of section 15;
(d) the programmes, codes and standards to be specified under section 20;
(e) the eligibility conditions for grantof licence or registration restriction regarding ownerhip and control of the media, restrictions on the number of licences or extent of accumalation of interest of such licences by a person and other conditions as may be considered necessary under sub-section (1) of section 26;
(f) the obligations, conditions, tariffs and rates subject to which a service provider shall provide facilities and services under clause (a) of sub-section (2) of section 26;
(g) the conditions subject to which a licence or registration may be granted or transferred under clause (b) of sub-section (2) of section 26;
(h) the manner, the time, the terms and conditions, the fee and the procedure for grant of a licence or registration under sub-section (3) of section 26;
(i) the details to be specified under sub-section(4) of section 26;
(j) the period for which licence or registration shall be granted under sub-section (1) of section 27;
(k) the form and the fee payable for granting licence or registration under sub-section (2) of section 27;
(l) the number of channels for providing distribution of broadcasting services under clause (iii) of of sub-section (3) of section 28;
(m) other agreements to be registered with the Commission under clause (c) of section 29;
(n) the form of application and the fees to be accompanied therewith under sub-section (2) of section 30;
(o) the conditions and restrictions subject to which the licence may be issued under sub-section (4) of section 30;
(p) the manner of holding inquiry by the Adjudicating Officer under sub-section (1) of section 39;
(q) the documentary records and transmission schedules to be maintained by a licensee under clause (b) of sub-section (1) of
section 78
(r)the eligbility and other terms and conditions for granting licence or registration under sub-section (3) of section 98;
(s) such other regulation as may be required to carry out the purposes of the Act.
Laying of Rules and Regulations90. Every rule and every regulation made under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of 30 days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in, the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.
Power to remove difficulties.
91. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient removing the difficulty:
Provided that no such order shall be made after the expiry of a period of three years from the commencement of this Act.
(2) Every order made under this, section shall be laid, as soon as may be, after it is made, before each House of Parliament.Amendment of 2 of 1974
92. In the Code of Criminal Procedure 1973 -
(a) in section 91, in sub-section (3),, in clause (b) for the words "postal or telegraph authority" the words and figures "postal authority or any other service provider holding a licence or registration granted under the Communication Convergence Act 2001" shall be substituted;
(b) in section 92, for the words "postal or telegraph authority" wherever they occur the words and figures "postal authority or any other service provider holding a licence or registration granted under the Communication Convergence Act 2001" shall be substituted.