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This page was last updated on:
20 Mar 2006
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TRAI Act 1997 |
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| EXTRAORDINARY |
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| Part ll-Section 1 |
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| PUBLISHED BY AUTHORITY |
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| CHAPTER II |
| Telecom Regulatory Authority of India |
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| Establish- ment and incorporation of Authority |
3 (a) With effect from such date as the Central Government may, by notification appoint, there shall be established , for the purposes of this Act, an Authority to be called the Telecom Regulatory Authority of India.
(b) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable , and to contact, and shall, by the said name, sue or be sued.
(c) The authority shall consist of a Chairperson, and not less than two, but not exceeding six members , to be appointed by the Central Government
(d) The head office of the Authority shall be at New Delhi.
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| Quali- fications for appointment of Chairperson and other Members. |
4 (a) The Chairperson shall be a person who is or has been a Judge of the Supreme Court or who is or has been Chief Justice of a High Court .
(b) A Member shall be a person who has special knowledge of, any professional experience, in telecommunication, industry, finance, accountancy, law, management and consumer affairs;
Provided that a person who is or has been in the service of Government shall not be appointed as a member unless such person has held the post of Secretary or Additional Secretary, or the post of Additional Secretary and Secretary to the Government of India or any equivalent post in the Central Government or the State Government for a period of three years.
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5 (a) Before appointing any person as the Chairperson or Member, the Central Government shall satisfy itself that the person does not have any such financial or other interest as is likely to affect prejudicially his functions as such member.
(b) The Chairperson shall hold office for a term of five years from the date on which he enters upon his office .
(c) A member shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty five years, whichever is earlier.
(d) The employee of the Government on his selection as member shall have to retire from service before joining as a member.
(e) The salary and allowances payable to and the other terms and conditions of service of the Chairperson and other members shall be such as may be prescribed.
(f) The salary, allowances and other conditions of service of the Chairperson or of a member shall not be varied to this disadvantage after appointment.
(g) Notwithstanding anything contained in sub-section (2) or sub-section (3), a member may-
- relinquish his office by giving in writing to the Central Government notice of not less than three months; or
- be removed from his office in accordance with the provisions of section 7.
(h) The Chairperson or any other member ceasing to hold office as such, shall-
- be eligible for further employment under the Central Government or any State Government; or
- not accept any commercial employment, for a period of two years from the date he ceases to hold such office.
(i) A vacancy caused to the office of the Chairperson or any other member shall be filled up within a period of three months from the date on which such vacancy occurs.
Explanation - For the purposes of this section, "commercial employment" means employment in any capacity under, or agency of, a person engaged in trading, commercial, industrial or financial business in any field and includes also a director of a company or partner of a firm and it also includes setting up practice either independently or as partner of a firm or as an adviser or a consultant.
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Term of office conditions of service, etc., of Chair- person and other members. |
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6 (a) The Chairperson shall have powers of general superintendence and directions in the conduct of the affairs of the Authority and he shall, in addition to presiding over the meetings of the Authority, exercise and discharge such powers and functions of the Authority and shall discharge such other powers and functions as may be prescribed.
(b) The Central Government may appoint one of the members to be a Vice-Chairperson of the Authority who shall exercise and discharge such powers and functions of the Chairperson as may be prescribed or as may be delegated to him by the Authority.
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Powers of Chairperson and Vice- Chairperson |
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7 (1) The Central Government may remove from office any member, who,-
- has been adjudged an insolvent; or
- has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or
- has become physically or mentally incapable of acting as a member ; or
- has acquired such financial or other interest as is likely to affect prejudicially his functions as a member; or
- has so abused his position as to render his continuance in office prejudicial to be public interest.
(2) Notwithstanding anything contained in sub-section (1), no member shall be removed from his office on the ground specified in clause (d) or clause (e) of that sub-section unless the Supreme Court on a reference being made to it in this behalf by the Central Government, has, on an enquiry, held by it in accordance with such procedure as prescribed in this behalf, reported that the member ought on such ground or grounds to be removed.
(3) The Central Government may suspend from office a member in respect of whom a reference has been made to the Supreme Court under Sub-Section (2) until the Central Government has passed an order on receipt of the report of the Supreme Court on such reference.
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Removal and suspension of member from office in certain circum- stance |
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| Meetings |
8 (1) The Authority shall meet at such times and places, and shall observe such rules of procedures in regard to the transaction of business at its meetings (including quorum at such meetings) as may be provided by regulations.
(2) The Chairperson or, if for any reason, he is unable to attend a meeting of the Authority, Vice-Chairperson and in his absence , any other member chosen by the members present from amongst themselves at the meeting shall preside at the meeting.
(3) All questions which come up before any meeting of the Authority shall be decided by a majority vote of the members present and voting, and in the event of an equality of votes, the Chairperson or in his absence, the person presiding, shall have a second or casting vote.
(4) The Authority may make regulations for the transaction of business at its meetings.
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| Vacancies, etc, not to invalidate proceed- ings of Authority. |
9. No act or proceeding of the Authority shall be invalid merely by reason of-
- any vacancy in, or any defect in the constitution of, the Authority; or
- any defect in the appointment of a person acting as a member of the Authority; or
- any irregularity in the procedure of the Authority not affecting the merits of the case.
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| Officers and other employees of Authority. |
10. (1) The Authority may appoint officers and such other employees as it considers necessary for the efficient discharge of its functions under this Act.
(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.
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