 bill no 80 of  2017 the prohibition of using telecommunication system for hoax calls bill, 2017by shrimati darshana vikram jardosh, mpa billto provide for prohibition of using telecommunication system for making hoax calls andshort message service and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the prohibition of using telecommunication system forhoax calls act, 2017short title, extent and commencement(2) it extends to the whole of india5(3) it shall come into force at oncedefinitions2 in this act, unless the context otherwise requires,—(a) "prescribed" means prescribed by rules made under this act;(b)"telecommunication system" means any mode of electronic telecommunication and includes any landline telephone, public telephone booth, mobile phone, satellite phone or internet phone; and545 of 1860 13 of 1885 21 of 2000(c) words and expressions used but not defined in this act but defined in the indian penal code, 1860, the indian telegraph act, 1885 and the information technology act, 2000 shall have the same meaning as is respectively assigned to them in those acts3 (1) the use of any telecommunication system for hoax calls or hoax short messageservice (sms) or for any other similar purpose is hereby prohibited10(2) whoever contravenes the provisions of sub-section (1) shall be deemed to beguilty of committing an offence of making a hoax call under this actprohibition of using telecommunication system for hoax calls or hoax short messageservicepenalty154 any person who is found guilty of making a hoax call or hoax short messageservice (sms) with an intention to spread fear or panic in public shall be punished with rigorous imprisonment for a minimum term of five years which may extend upto fifteen years and with fine of fifteen lakh rupeesoffence to be cognizable5 notwithstanding anything contained in the code of criminal procedure, 1973,every offence punishable under this act shall be cognizable and non-bailable6 the provisions of this act shall have effect notwithstanding anything inconsistenttherewith contained in any other law for the time being in forceoverriding effect of the act207 the provisions of this act shall be in addition to and not in derogation of any otherlaw for the time being in  forceact not in derogation of other lawspower tomake rules8 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act25 30(2) every rule made under this act by the central government shall be laid, as soonas may be after it is made, before each house of parliament, while it is in session, for a total period of thirty 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 orboth the houses agree that the rule should not be made, the rule 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 statement of objects and reasonsthe menace of hoax calls or short message service (sms) made from local public telephone booths, mobile phones, internet phones etc for spreading false information aimed at spreading fear or panic or sexual harassment has reached alarming levels everyday the newspapers are filled with reports of misuse of the telecommunication system by anti-social elements for making false/hoax calls or sms raising a serious security concern for our nation which adversely affects the functioning of police forces and disrupts public services at largethe culprits of such nefarious acts are encouraged to continue their activities since the punishment for such terrible acts is very minimal it is felt that if harsh punishment is imposed on perpetrators of such heinous acts, they would discontinue their activities therefore, it is proposed to provide for harsher punishment for making hoax calls to curb this nuisancehence this billnew delhi;darshana vikram jardoshmarch 30, 2017 memorandum regarding delegated legislationclause 8 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for prohibition of using telecommunication system for making hoax calls and short message service and for matters connected therewith or incidental thereto————(shrimati darshana vikram jardosh, mp)