CHAPTER XIXREPEAL AND SAVINGS
Repeal of certain Acts, saving of licenses and dissolution of certain Authorities.
93. (1)Subject to the other provisions of this sections, the enactments namely, the Indian Telegraph Act,1885, the Indian Wireless Telegraphy Act, 1933, Telegraph Wire (Unlawful Possession) Act, 1950, and the Telecom Regulatory Authority of India Act, 1997 are hereby repealed.
(2) Notwithstanding such repeal, any person, who has obtained license or registration under the policy of the Central Government in force may continue to provide his services, if he has made an application to the Commission for the grant of a license or registration under this Act within a period of six months from the date of establishment of the Commission under this Act or where he has already made such an application, until the disposal of such application, whichever is later.
(3) The Commission shall, on receipt of an application referred to under sub-section (2), grant a license or registration after taking into consideration the terms and conditions on which such service were licensed or registered under any of the provisions of the repealed Acts, or the policy referred to in sub-sections (2),as the case may be , and keeping in view the objectives of this Act
(4) During the period of six-months mentioned in sub-section (2) or till his application is disposed off,whichever is later, the applicant shall continue to be governed by, and shall comply with, the provision of the Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933, Telegraph Wires (Unlawful Possession) Act, 1950 or the Telecom Regulatory Authority of India Act, 1997, as the case may be, as if these Acts had not been repealed, or the policy referred to in sub-section (2).
(5) Save as otherwise provided under this Act,with effect from the date of the establishment of the Commission and the Appellate Tribunal under this Act, as the case may be,the Telecom Regulatory Authority of India established under sub-section (1) of section 3 of the Telecom Regulatory Authority Act ,1997 and the Telecom Disputes Settlement and the Appellate Tribunal established under section 14 of that Act, shall stand dissolved.
Repeal of Act 7 of 1995 and transitional provisions.
94. (1) Subject to the other provisions of this section, the Cable Television Networks (Regulation) Act, 1995 is hereby repealed.
(2) Notwithstanding such repeal, any cable operator registered under the Act so repealed, may continue to provide his cable services, if he has made an application to the Commission for the grant of a license under this Act within a period of six months from the date of the establishment of the Commission under this Act or where he has already made such an application, until the disposal of such application, which ever is later.
(3) The Commission shall, on receipt of an application referred to under sub-section (2), grant a license after taking into consideration the terms and conditions on which such cable operator was registered under the provisions of the repealed Act, and keeping in view the objectives of this Act
(4) During the period of six-months mentioned in sub-section (2), or till his application is disposed of whichever is later, the applicant cable operator will continue to be governed by, and shall comply with the provisions of the Cable Television Networks (Regulations) Act, 1995 as if that Act had not been repealed.
NOTES ON CLAUSES
Clause 1. - This clause provides for application of the proposed legislation to the entire country and for appointment of different dates for commencement of different provisions of the proposed legislation.
Clause 2. - This clause defines the various expressions occurring in the proposed legislation.
Clause 3.- This clause provides that no person shall use any part of spectrum without assignment from the Central Government or the Commission as provided for in the proposed legislation.
Clause 4.- This clause provides that no person, other than a public service broadcaster, shall own or provide any network infrastructure facility or provide any networking service or any value added network application service or any content application service without a license or registration. It also envisages that all facilities and services exempted from licencing or registration immediately before the coming into force of the proposed legislation shall continue to be so exempt under the proposed legislation, until otherwise notified. Further it provides that the Central Government may by notification exempt any person, or class of persons or any facility or service from the provisions of this clause.
Clause 5.- This clause provides that no person shall possess any wireless equipment without obtaining a license under provisions of the proposed legislation. It also provides that the Central Government may, in public interest, by a notification exempt any person or class of persons or any wireless equipment or class or category of wireless equipment from the provisions of this clause. It further envisages that where any person or equipment licensed under any law for the time being in force or exempted from licensing immediately before the commencement of this proposed legislation, shall not be affected by the provisions of this clause, until otherwise notified.
Clause 6. - This clause provides for the establishment of the Communications Commission of India with its head office at Delhi and regional offices at Kolkata , Chennai and Mumbai . The Commission will be a body corporate having perpetual succession, a common seal and shall by the said name sue and be sued. The commission shall consist of a chairperson , not more than ten Members and the Spectrum Manager as an ex-officio Member. The Chairperson and not lesss than six Members other than the ex-officio Members and the remaining shall be part-time Members.
Clause 7. - This clause provides that the Members of the Commission (except the ex-officio Member) shall be appointed by the Central Government from amongst persons recommended by a search committee. One half of the Members shall be appointed from amongst persons of eminence in the fields of literature, performing arts, media, culture, education, films and from persons prominent in social and consumer activities, while one half of the members shall be appointed from amongst persons of eminence in specialized fields such as telecommunications, broadcasting technology, information technology , finance, management and administration, or law. The Chairperosn shall be a person of eminence from any of the fields mentioned above.
Clause 8. - This clause provides that the Chairperosn and a whole time Member shall hold office for a term of 5 years from the date on which he enters upon his office or until he attains the age of 65 years, whichever is earlier, and he will not be eligible for reappointment. Further it provides that tenure of a part time member shall be such as may be prescribed. It also lays down the powers of the Chairperson with regard to functioning of the Commission in addition to presiding over the meetings of the Commision. It also deals with procedure of resignation by the Chairperson or a Member of the Commission.
Clause 9. - This Clause deals with circumstances under which, and the procedure for removal of Chairperson and Members from office.
Clause 10. - This clause provides for the fixation of the salary and allowances payable to and the other terms and conditions of service of the Chairperson and other Members of the Commission.
Clause11. - This clause indicates the circumstances under which the acts or proceedings of the Commission shall not be invalidated.
Clause12. - This clause provides that the functions of the regional offices of the commission shall be determined by the commission.
Clause 13. - This clause provides for the Commission to determine the procedure for the transaction of business in its meetings including times and places of its meetings.
Clause 14.- This clause provides for the powers and the procedure of the commission in the discharge of its function under the proposed legislation.
Clause 15. - This clause provides for matters relating to the appointment of the Secretary-General.
Clause 16.- This clause provides that the Commission may set up a Panel from amongst its Members to deal with matters in relation to the content in content application services. It also provides that, except for the power to make regulations, the Commission may distribute its business amongst its Members; it also provides that the Commission may authorize officers of the Government to implement and carry out orders and directions of the Commission.
Clause 17.- This clause indicates that while exercising its functions, the Commission shall strive to achieve objectives and principles governing the administration of the proposed legislation which inter alia include that the communications sector is developed in a competitive environment and in consumer interest, that communication services are available at affordable cost to all, that choice of services is promoted, that defence and security interests of the country are fully protected, that equitable and non - discriminatory interconnection across various networks are promoted, that licensing and registration criteria are transparent and made known to the public and that the principle of a level playing field for all operators is promoted so as to serve consumer interest.
Clause 18.- This clause stipulates the powers, duties and functions of the Commission. It lays down that it shall be the duty of the Commission to facilitates and regulate all matters relating to carriage and content of communications. The commission shall also inter alia carry out spectrum management, planning and monitoring for non-strategic or commercial usages; promote competition and efficiency in the operation of communication services and network infrastructure facilities; take measures to protect consumer interests and promote and enforce Universal Service Obligations; formulate and lay down programme and advertising codes in respect of content application serices; take steps to regulate or curtail the harmful and illegal content on the internet and other communication services; formulate and lay down codes and technical standards and norms to ensure in a technology neutral manner the quality and interoperability of services and network infrastructure facilities (including equipment); institutionalize appropriate mechanisms and interact on a continual basis with all sectors of industry and consumers, so as to facilitate and promote the basic objectives of the proposed legislation to encourage self regulatory codes and standards; and report and make recommendations either suo moto or on such matters as may be referred to it by the Central Government. It has also been provided that while exercising its powers and discharging its functions, the Commission shall ensure transparency.
Clause 19.- This clause provides that the Commission may at any time make recommendations to the Central Government with regard to any particular practice that impinges upon or adversely affects the interests of the security, sovereignty and integrity of India, friendly relations with foreign states, public order, decency or morality.
Clause 20.- This clause provides that the Commission shall by regulations specify programme codes and standards which may include inter alia practices to ensure that nothing is contained in any programme which is prejudicial to the security, sovereignty and integrity of India, friendly relations with foreign states, public order or which may constitute contempt of court, defamation or incitement to an offence; practices to ensure fair and impartial presentation of news and other programme, promotion of Indian culture, values of national integration, religious and communal harmony, decency in portrayal of women, restraint in portrayal of violence and sexual conduct and to enhance general standards of good taste, decency and morality etc.
Clause 21.- This clause provides for the Commission to decide any dispute or matter between service providers, between service providers and a group of consumers or any matter arising out of enforcement of the proposed legislation. The commission shall also hear and determine any complaint from any person regarding contracention of the provisions of the proposed legislation or the rules regulations or oders made thereunder and if necessary refer the matter for adjudication.
Clause 22.- This clause empowers the Central Government to issue policy directives to the Commission which may include the procedure and the mode in which any services are to be licensed or registered. It has further been provided that in framing the policy directives, the Central Government shall take into account the objectives and guiding principles governing the administration of the proposed legislation.
Clause 23.- This clause provides that the Central Government shall be responsible for spectrum management and also for allocation of spectrum for strategic and non strategic or commercial purposes. This clause also sets up a Spectrum Management Committee with Cabinet Secretary as its Chairman. This also lays down that the Central Government shall notify Wireless Advisor to Government of India as Spectrum Manager, Government of India to act as the Member -Secretary of the Spectrum Management Committee. It also sets out, subject to the general supervision and control of the Spectrum Management Committee, the functions of the Spectrum Manager, and that he shall assign frequencies on payment of such fees as may be prescribed.
Clause 24.- This clause provides for assignment by the Commission of spectrum to non-strategic and commercial users and the procedure for dealing with requests by the Commission for allocation of additional spectrum.
Clause 25.- This clause provides that before assigning any part of spectrum, the Commission shall prepare and notify from time to time one or more schemes or plans for such assignment, after such public hearing as the Commission may consider appropriate. It also empowers the Central Government to notify the class or classes of persons or services for preferential assignment of any frequency of spectrum by the Commission.
Clause 26.- This clause provides for the grant of license or registration under this Act to service providers subject to such conditions, restrictions ,fee, tariffs and rates etc at which facilities and services will be provided, as may be determined by the Commission, which may also determine the conditions for grant or transfer of license or registration. The commission shall also notify from time to time schemes or plans for licensing or registration after consulting the Central Government for ensuring that the defence and security interests of India are fully protected. This clause further provides for the five categories of licenses namely, to provide network application services, to provide network application services, to provide content applications services and to provide value added network application services. The Clause however also clarifies that information technology enabled services will not be licensed. The Commission may, while granting a license under the above said categories, grant licenses either singly or jointly for one or more of the categories of facilities or services.
Clause 27.- This clause provides that a license or registration shall be granted for such period, in such form and subject to payment of such fees as determined by the Commission. It also provides that the Central Government may in public interest exempt any person or class of persons from payment of license or registration fee.
Clause 28.- This clause stipulates the duties of service providers. It inter alia provides that every service provider shall wherever required or applicable provide services to give effect to universal service obligations, provide life saving services, provide services to any person on demand with a reasonable time and on a non-discriminatory basis, and follow the codes and standards laid down and specified by the commission. It also lays down that every service provider of a content application service shall, wherever required or applicable, endeavour to provide a suitable proportion of programme of indigenous origin and ensure that no programme forming part of its services infringes any copy right. It further stipulates that every service provider holding a license for providing distribution of broadcasting services shall provide a specified number and type of broadcasting services including those of the public service broadcaster in such manner as may be prescribed.
Clause 29.- This clause provides that certain agreements entered into or made by any service provider or infrastructure facilities provider will be registered with the Commission.
Clause 30.- This clause provides for issue of license by the Commission for possession of wireless equipment.
Clause 31.- This clause provides that for the purpose of ensuring the widest availability of viewing in India of a national or international event of general public interest to be held in India, such event will have to be carried on the network of the public service broadcaster(s) as well.
Clause 32.- This clause provides for the powers of the Commission in case of breach of terms of the license or registration or failure to comply with its decisions or orders. Such powers include the power to revoke the license or registration and also in case of breach of terms and conditions of license or registration, for seizure of equipment being used for provision of services.
Clause 33.- This clause provides for civil liabilities which may be imposed on a license or grantee for breach of or failure to comply with any terms and conditions of a license or registration or for failure to comply with any rule, regulation or order made under the proposed legislation.
Clause 34.- This clause provides for the imposing of a civil liability on any person who delivers any content for transmission or accepts delivery of any content sent by the use of a network infrastructure facility, communication service or wireless equipment, which though required to be is not licensed or registered or which has been established or maintained or operated in contravention of the provision of the proposed legislation or any rule and regulations made therunder.
Clause 35.- This clause provides for the imposing of a civil liability on any person who delivery any content for the imposing of a civil liability on any person who delivers any content for transmission or accepts delivery of any content sent by the use of network infrastructure facility, communication services or equipment has been established or maintained or proposed legislation or rules and regulations framed thereunder.
Clause 36.- This clause provide for the imposing of a civil liability on a services provider who fails to register, without a reasonable excuse, an agreement which is required to be register under Clause 29 of the proposed legistion.
Clause 37.- This clause provides for the imposing of a civil liability on any persom who wilfully fails to comply with any decision, direction or order of the commission.
Clause 38.- This clause provide for the filing before the commission of complaints, limitation period, and reference thereon by the Commission to the Adjudicating Officer, including suo-motu reference by the Commission.
Clause39.- This clause provide for the appointment by the Commission of Adjudicating Officers for the purposes of adjudging whether any person has contravened any of the provision of the proposed legislation, any rule, regulation, direction or order made thereunder or whether he is liable to a civil liability, and for the powers of the Adjudicating Officers.
Clause 40.-This clause provides for the imposing of civil liability for willfully or otherwise damaging network infrastructure facility, and for causing interruption of a communication service.
Clause 41.-This clause provide for the imposing of a civil liability on any person who contravenes the provision of Sub-section (2) of Section 63 of the proposed legislation.
Clause 42.- This clause provide for the imposing of a civil liabilities shall not exceed fifty crore rupees, and also stipulates the factors to be taken into account by the Adjudications Officer in adjudging the quantum of civil liabilities.
Clause 43. - This clause provides that the establishment of the Communications Appellate Tribunal. It also lays down that appeals can be preferred to the Appellate Tribunal by any person aggrieved by any decision or order of the Commission, or by an order of civil liability imposed by the Adjudicating Officer. It also lays down that the Appellate Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such order as it thinks fit, and also that the Appellate Tribunal may call for relevant records for examining the legality etc. of any order or decision of the commission or of the Adjudicating Officer, and pass such order as it thinks fit.
Clause 44.- This clause deals with the composition of the Appellate Tribunal which shall consist of a consist a chairperson and not more than six members to be appointed by the Central Government. The appointment of chairperson has to be made in consultation with the Chief Justice of India. The appointment of the Appellate Tribunal shall be from amongst persons recommended by search committee. This clause also provides for the constitution of benches by the chairperson, and that each bench shall be headed by a judicial member.
Clause 45.- This clause provide for the qualifications, tenure, salary and allowances etc. of the chairperson and members of the Appellate Tribunal and the manner of filling up of vacancies in the Tribunal.
Clause 46. - This clause provides for the procedure for resignation, and also the procedure for the removal of the chairperson or members of the Appellate Tribunal.
Clause 47.- This clause provides for the procedure for the distribution of business, and the procedure for the transfer of business, and the procedure for the transfer of cases, amongst benches of the Appellate Tribunal.
Clause 48.-This clause provides for the powers and procedures of the Appellate Tribunal, for the purpose of discharging its functions under the proposed legislation.
Clause 49.- This clause provides for the right of the applicant or appellant to take assistance of legal practitioners etc. before the Appellate Tribunal.
Clause 50.- This clause provides that an appeal against the order,not being an interlocutory order,of the Appellate Tribunal, shall lie to the Supreme Court.
Clause 51.- This clause provides that an order passed by the Appellate Tribunal under the proposed legislation shall be executable by the Appellate Tribunal as a decree of a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court.
Clause 52.-This clause provides that if any person willfully fails to comply with any decision ,direction or order of the Appellate Tribunal he shall be liable to a penalty which may extend to five crore rupees and no such penalty shall be imposed without giving an opportunity of being heard to the party concerned.
Clause 53.-This clause provides for appointment of the officers and other employees of the Commission and of the Appellate Tribunal, by the Commission or the Appellate Tribunal as the case may be, subject to such conditions as may be prescribed by the Central Government. This clause also provides that the salary and the allowances payable to and the terms and conditions of the service of the officers and the employees of the Commission and the Appellate Tribunal shall be prescribed by the central Government.
Clause 54.-This clause provide that the proceeds of the license and other fees. and the amounts received by the imposition of the civil liabilities and penalties shall be credited to the Consolidated Fund of the India. Its also lays down that such portion or percentage of the license fee as may be attributable to the Universal Service Obligation shall be credited to a separate fund to be as the Universal Service Obligation Fund in the public account of India.
Clause 55.-This clause deals with constitution of two separate funds to be called as the Communications Commission Fund and the Appellate Tribunal respectively. These shall be credited with money paid or grants made by the Central Government to be utilized for the purposes of the proposed legislation. These funds will also be credited with fees received by the Commission and the Appellate Tribunal.
Clause 56.- This clause provides for providing by way of grant to the two Funds by the Central Government adequate sums of money for being utilized for the purposes of the proposed legislation , and for meeting the salaries and allowances payable to the Chairperson and the Members of the Commision and of chairperson and members of the Appellate Tribunal and the administrative expenses including salaries and allowances payable to or in respect of officers and other employees of the Commission and of the Appellate Tribunal.
Clause 57-.This clause provides for maintenance of accounts and other relevant records by the Commission and the Apellate Tribunal and that these shall be audited by the Comptroller and Auditor General of India. It also provides that certified accounts of the Commission together with audit report thereon shall form part of the annual report of the Commission. It also lays down that the certified accounts of the Apellate Tribunal together with audit report thereon shall be forwarded to the Central Government and the Government shall lay the same before each House of the Parliament.
Clause 58.- This clause provides that the Commission shall after the end of each financial year submit an annual report containing prescribed information relating to the proceedings and policy and also the statement of annual accounts of the Commission. The report shall be furnished to Central Government which shall cause such report to be laid before each House of Parliament.
Clause 59. -This clause deals with the rights of persons entitled for providing services or facilities, referred to as facility provider, for laying and establishing of cables and erecting of posts under, over , along etc. any immovable property vested in or under the control or management of a public authority and issues relating to grant of permission by public authority, obligation for reinstatement or restoration of the property, shifting of cables or posts etc. It also provides for the setting up of high powered committees or other appropriate mechanisms for speedy clearance of such requests for laying cables or erecting posts in such property.
Clause 60.- This clause provides that a public authority while granting permission may impose reasonable conditions such as the time or mode of execution of any work.
Clause 61.- This clause makes provision for removal or alteration by the facility provider of cables or posts on public property which the public authority considers necessary and expedient to be removed or its position to be altered due to change in circumstances.
Clause 62.- This clause provides that disputes including refusal of permission by the public authority shall on application be determined by the District court within whose local limits of jurisdiction the property is located.
Clause 63.- This clause provides for use of private land by a facility provider for constructing or laying cables or erecting posts only with the written consent of the owner of the land or premises, and also the procedure to be followed when such consent is not available.
Clause 64.- This clause provides for powers of the Commission to issue orders for requiring any network infrastructure facility to be provided, constructed, installed, altered, moved etc. on private land or premises subject to such conditions as to compensation or otherwise, and the time and manner of doing so. It also provides that failure to comply with the order of the Commission will be liable to imposition of civil liability.
Clause 65.- This clause restricts the rights of facility providers only to that of a user for laying cables or erecting posts or maintaining them.
Clause 66.- This clause provides that, subject to the prescribed safeguards, the Central Government or a State Government or any officer specially authorised in this behalf by the Central Government or a State Government , on the occurrence of any public emergency or in the interest of public safety, if satisfied that it is necessary or expodient so to do, in the interest of the security, sovereignty and integrity of the India, friendly relation with foreign state or public order or for preventing incitement to the commission of an offence, may direct any agency of the Government to intercept any communication on any network facilities or services or that any content brought for communication or communicated or received by any service provider shall not be communicated or shall be intercepted or detained or shall be disclosed to the Government or its agency authorized in this behalf. It also stipulates that the service provider shall extend all facilities and technical assistance for interception of the content of communication. It further provides that any service provider who fails to assist authorized agency shall be punished with imprisonment which may extend to seven years. This clause also lays down that any person, save as otherwise provided under this clause, who intercepts or discloses to any person any content shall be punishable with imprisonment which may extend to five years or with fine which may extend to ten lakh rupees and, for a second and subsequent offence with imprisonment which may extend to five years and with fine which may extend to fifty lakh rupees.
Clause 67.- This clause lays down that nothing in Chapter XV relating to interception of communication and punishment for unlawful interception, shall affect the provisions of Section 69 of the Information Technology Act, 2000.
Clause 68.- This clause provides for the punishments for unlicensed ownership or provision of any network infrastructure facility or communication service, for knowingly assisting in the transmission or distribution of such service, for diverting any signal without the permission of the service provider and with intent to defraud , for dealing in decoding equipment, for knowingly benefiting from any unauthorized diversion for tampering with any service or infrastructure facility , for abetting or inducing unauthorized diversion or tampering and for conviction of subsequent offences.
Clause 69.- This clause provides for punishment to any person who possesses any wireless equipment without a license or uses a radio frequency which he is not authorized to use under the provisions of the proposed legislation. The clause also provides for forfeiture of wireless equipment utilized for committing these offences and vesting of any unclaimed wireless equipment in the Central Government. Further the clause also provides for power to any officer specially authorized by the Central Government or the Commission , to search any place in which he has reason to believe that any wireless equipment without a license has been kept or concealed, and take possession thereof.
Clause 70.- This clause provides for the punishments for any person for sending by means of a communication service or a network infrastructure facility any content that is grossly offensive or of an indecent, obscene or menacing character, or for the purpose of causing annoyance, inconvenience , obstructing, criminal intimidation, enmity etc. knowing that the content is false, and for persistently making use for this purpose a communication service or a network infrastructure facility.
Clause 71. - This clause provides that whoever attempts to commit or abets the Commission of any offence under sub-clause (3) or sub-clause (4) of Clause 66 or under Chapter XVI shall be punished with the punishment provided for that offence.
Clause 72. - This clause provides for offences committed by companies under the proposed legislation.
Clause 73. - This clause provides that no court inferior to that of a court of Session shall try any offence under the proposed legislation.
Clause 74. - This clause provides that every offence punishable under the proposed legislation shall be cognizable.
Clause 75. - This clause provides for transfer of proceedings pending before the Telecom Regulatory Authority Of India to the commission from the date of its establishment.
Clause 76. - This clause provides for transfer of proceedings pending before the Telecom Disputes Settlement and Appellate Tribunal to the Appellate Tribunal from the date of its establishment.
Clause 77. - This clause provides that the Central Government may by notification in the event of war or any casualty of national magnitude, for a limited period, in public interest, to take over control or management of any communication service or a network communication infrastructure facility or suspend its operation or entrust any agency of the government to manage it in the manner directed by the government for such period as provided for in the notification. The clause also provides that the Central Government, if it feels necessary or expedient to do so in the public interest, may at any time request the Commission to direct any licensee or grantee to broadcast specific announcements in a manner as may be considered necessary by the Government or to stop any broadcasting service, which is prejudicial to the security, sovereignty and integrity of India, friendly relations with foreign states, or to public order, decency or morality or communal harmony and on issue of such directions it shall be the duty of the licensee or grantee to ensure compliance of such directions.
Clause 78. - This clause provides for obligations of licensees and grantees which inter alia include commencement of operation of service within time specified by the Commission, maintenance of documentary and transmission schedule as specified by the Commission and allow inspection of such facilities and documentary record and schedules by any officer authorised by the Commission. The Commission may call for any information from a licensee or a grantee, and shall also have the power to inspect and obtain information from programme producers, distributors and advertising agents.
Clause 79. - This clause provides that no person shall operate any wireless equipment onboard any ship or aircraft registered in India without a license granted by an authority or agency notified by the Central Government for the purpose. The Central Government can prescribe the qualification for such authority and the manner of granting the license to operate wireless equipment. This clause also provides for the prescription of qualifications of the licensee, for conduct of examinations, for conditions of license etc.
Clause 80. - This clause deals with recovery of any civil liability imposed under the proposed legislation, in case it is not paid, as arrears of land revenue and also empowers the Commission to suspend the license or registration of the person on whom the civil liability is imposed till it is paid.
Clause 81. - This clause provides that notwithstanding anything contained in any other law for the time being in force, where the Central or State Government is satisfied that any information or document etc. in possession of any service provider relating to any service availed of by any consumer or subscriber is necessary to be furnished in relation to any pending or apprehended civil or criminal proceeding, then the Government may authorise an officer in writing who shall direct such service provider to furnish such information.
Clause 82. - This clause provides that subject to provisions contained in Chapter V1 nothing contained in the proposed legislation shall apply to network infrastructure facilities or communication services owned and operated by the Central or any State Government for their own use.
Clause 83. - This clause provides that no civil court shall have jurisdiction to entertain any suit or proceedings in respect of any matter which an Adjudicating Officer or the Commission or the Appellate Tribunal is empowered by or under the proposed legislation to determine and no injunction shall be granted by any court or any other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under the proposed legislation.
Clause 84. - This clause provides that the Chairperson, Members, officers and other employees of the Commission and of the Appellate Tribunal shall be deemed to be public servants.
Clause 85. - This clause provides for protection against prosecution or legal proceeding, of action by the Commission or Appellate tribunal or any member or officer or other employees thereof which is done or intended to be done in good faith in pursuance of the proposed legislation or of any Rule, Regulation or order thereunder.
Clause 86. - This clause provides the Commission and the Appellate Tribunal with exemption from tax on wealth, income etc.
Clause 87. - This clause provides that the provisions of the proposed legislation shall have overriding effect over other laws.
Clause 88. - This clause confers powers upon the Central Government to make rules for carrying out the purposes of the proposed legislation.
Clause 89. - This clause confers power upon the commission to make regulations consistent with the proposed legislation and the rules made thereunder, for carrying out the purposes of the proposed legislation.
Clause 90.- This clause provides for procedure of laying of rules and regulations in each House of Parliament.
Clause 91. - This clause confers upon the Central Government to remove any difficulty arising out of implementation of the provisions of the proposed legislation. Every order of the Central Government under this clause is to be laid before each House of parliament. This power is exercisable only for three years from the commencement of the proposed legislation.
Clause 92. - This clause provides for certain required amendments to the Code of Criminal Procedure, 1973.
Clause 93. - This clause deals with repeal of four enactments namely the Indian telegraph Act, 1885, the Indian Wireless Telegraphy Act 1933, the Indian Telegraph Wires (Unlawful possession) Act, 1950 and the Telecom Regulatory Authority of India Act 1997. It also provides that notwithstanding such repeal, any person, who has obtained a license or registration under the repealed acts or has obtained a registration under the policy of the Central Government in force may continue to provide his services if he has made an application to the Commission for the grant of a license or registration under the proposed legislation within a period of six months from the date of establishment of the Commission or till the time of disposal of his application whichever is later. It also envisages that while granting a license or registration the Commission will take into consideration the terms and conditions on which such services were licensed or registered and keeping in view the objectives of the proposed legislation. Furthermore during this period the applicant shall continue to be governed by the repealed Acts or the Policy, as the case may be. Further, with effect from the date of establishment of the Commission and of the Appellate Tribunal under the proposed legislation, the Telecom Regulatory Authority of India and the Telecom Disputes Settlement and Appellate Tribunal shall stand dissolved.
Clause 94 - This clause deals with repeal of the Cable Television Networks (Regulation) Act, 1995. It also provides that notwithstanding such repeal, any cable operator registered under the repealed Act may continue to provide his cable service if he has made an application to the Commission for the grant of a license under the proposed legislation within a period of six months from the date of establishment of the commission or till the time of disposal of his application whichever is later. It also envisages that while granting a license the commission will take into consideration the terms and conditions on which such cable operator was registered and keeping in view the objectives of the proposed legislation. Furthermore during this period the applicant shall continue to be governed by the repealed Act.