 bill no 26 of 2009 the prevention of unsolicited telephonic calls and protection of privacy bill, 2009 by shri baijayant panda, mp a billto prohibit unsolicited telephone calls by business promoters or individuals to personsnot desirous of receiving such calls and for the protection of individual privacy ofcitizens and for matters connected therewith or incidental theretobe it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this  act may be called the prevention of unsolicited telephonic calls andprotection of privacy act, 2009short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force at once52  in this act, unless the context otherwise requires,—definitions(a) "prescribed" means prescribed by rules made under this act; and45 of 1860(b) words and expressions used but not defined in this act but defined in theindian 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 acts13 of 188521 of 200053  (1) the making of unsolicited telephone calls for promoting business interests orfor any other commercial purpose or for harassment is hereby prohibitedprohibition of making unsolicited telephone calls(2) whoever contravenes or causes to be contravened the provisions of sub-section(1) shall be guilty of an offence under this act104 notwithstanding anything contained in any other law for the time being in force, nocellular service provider shall pass on the personal information including telephone number of their subscribers to any telemarketing service provider, banks, insurance companies or any such agency so as to protect the subscribers from unsolicited telephone callscellular service providers not to pass oninformationof subscribersright to privacy5 (1) every person shall have the right to privacy and freedom to lead and enjoy hislife without unwarranted infringement thereof15(2) no person shall be deprived of the right provided under sub-section (1) exceptaccording to procedure established by law for the time being in force(3) whoever contravenes the provisions of sub-section (1) shall be guilty of an offenceunder this act206 no person shall use a cellular phone having built in camera if it does not produce asound of at least sixty-five decibels and flashes a light when used to take a picture of any person or any other objectrestriction on use of cellphone camera7 subject to public order, morality and health no person with a view to blackmail anyperson or for making commercial gains therefrom, shall photograph:—restrictions of photography violating privacy(a) any part or whole of a human body whether nude or semi-nude or otherwisewithout the consent of the person concerned; and25(b) any part or whole of a human body at a public place without the consent ofthe person concernedpenalty8 (1) whoever contravenes or causes to be contravened the provisions of,—30(i) section 3 shall be punished with imprisonment for a term which shall not beless than two years but may extend to four years and also with fine which may extend to two lakh rupees;(ii) section 5 shall be punished with imprisonment for a term which shall not beless than five years but may extend to seven years and also with fine which may extend to five lakh rupees;35(iii) section 6 shall be punishable with imprisonment for six months or with finewhich may extend to two lakh rupees or with both (2) any company providing cellular service which contravenes the provisions ofsection 4 shall be punished with fine which may extend to ten lakh rupees and suspension of its licence for a period of one year2 of 1974409 notwithstanding anything contained in the code of criminal procedure, 1973 everyoffence punishable under this act shall be cognizableevery offence to be cognizable10 the provisions of this act shall have effect notwithstanding anything inconsistenttherewith contained in any other law for the time being in forceact to have overriding effectpower to make rules11 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act510(2) every rule 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 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 or both 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 reasonsof late, telephone subscribers of both mobile phones and land line phones, are facing, the problem of unsolicited calls from telemarketing service providers, private banks, insurance companies and money lenders offering loans, credit cards, motor vehicles and so on and so forth offering various incentives, schemes and gift offers in order to promote their business interests many a time these calls create nuisance particularly when they are made when a person is attending meetings or official work or family functions etc and more so such calls are also made at odd hoursin case of land line phone mtnl or bsnl publish telephone directories but in case of cellular phones, the cellular service provider companies give the personal information of subscribers to other telemarketing agencies the menace of unsolicited phone calls needs to be stopped by providing deterrent punishment through legislationsimilarly, the much published multi media messaging service (mms) episode of a public school in delhi, the case of a pune based landlord intruding on the privacy of his female tenants, videography of unsuspecting newly wed couples on honeymoon in a five star hotel, have put question marks on citizens' right to privacy with increasing commercialization of sex, people use cellphone cameras to secretly capture private images of girls and women to embarrass and blackmail them these cameras are used to take up close photographs of private parts of unwary girls and women in gyms, beauty parlours, swimming pools, hotel room, bathrooms, etc or even in busy public places this shows how the unscrupulous elements are misusing and exploiting the new advancement in technology, hence it becomes the uppermost duty of the state to protect its citizens and the society as well in order to control this virtual lawlessness a new law has become necessary to provide deterrent action against the defaultershence this billnew delhi;baijayant  pandajune 5, 2009 memorandum regarding delegated legislationclause 11 of the bill empowers the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of detail onlythe delegation of legislative power is, therefore, of a normal character———— a billto prohibit unsolicited telephone calls by business promoters or individuals to personsnot desirous of receiving such calls and for the protection of individual privacy of citizens and for matters connected therewith or incidental thereto————(shri baijayant panda, mp)gmgipmrnd—2281ls(s5)—24-06-2009