(vit) measures for the development of telecommunication technology and any other maiter relatable to telecommunication industry in general; (viii) efficient management of available spectrum; (0) discharge the followin g functions, namely:— y (i) ensure compliance of terms and conditions of licence; (i) notwithstanding anything contained in the terms and conditions of the licence granted before the commencement of the telecome regulatory authority of india (amendment) act, 2000, fix the terms and conditions of inter-connectivity between the service providers; lo (iti) ensure technical compatibility and effective inter-connection between different service providers; (iv) regulate arrangement amongst service providers of sharing their revenue derived from providing telecommunication services; (v) lay-down: the standards of quality of service to be provided by y¢ the service providers and ensure thé quality of service and conduct the periodical survey of such service provided by the service providers so as to protect interest of the consumers of telecommunication service; (vi) lay-down-and ensure the time period for providing local and long distance circuits of telecommunication between different service ge providers; 7 (vii) maintain register of inter-connect agreements and of all such other matters as may be provided in the regulations; (viii) keep register maintained under clause (vii) open for inspection to any member of public on payment of such fee and compliance of such ag other requirement as may be provided in the regulations; (iz) ensure effective compliance of universal service obligations; (c) levy fees and other charges at such rates and'in respect of such services as may be determined by regulations; (@ perform such other functions including such administrative and financial ky _functions as may be entrusted to it by the central government or as may be necessary to carry out the provisions of this act: provided that the recommendations of the authority specified in clause {a) of this sub-section shall not be binding upon the ceritral government: provided further that the central government shall seek the recommenda- 35 tions of the authority in respect of matters specified in sub-clauses () and (i) of clause (a) of this sub-section in tespect of new licence to be issued to a service provider and the authority shall forward its recommendations within a period of sixty days from the date on which that government sought the tecommendations: wo provided also that the authority may request the central government to furnish such information or documents as may be necessary for the purpose of making recommendations under sub-clauses () and (if) of clause (a) of this subsection and that government shall supply such information within a period of seven days from receipt of such request: : us provided also that the central government may issue a licence to aservice provider if no recommendations are received from the authority within the period specified in the second proviso or within such period as may be mutually agreed upon between the central government and the authority:  provided also that if the central government, having considered that recommendation of the authority, comes to a prima facie conclusion that such recommendation cannot be accepted or needs modifications, it shall refer the recommendation back to the authority for its reconsideration, and the authority may, within fifteen days from the date of receipt of such reference, forward to the central government its recommendation after considering the reference made by that government after receipt of further recommendation if any, the central government shall take a final decision"; (b) in sub-section (3), for the words, brackets and figure "under sub-section (z)", the words, brackets and figures "under sub-section (/) or sub-section (2)" shall be substituted '  49 in section 13 of the principal act, the following proviso shall be inserted, namely:— "provided that no direction under: sub-section (4) of section 12 or under this section shall be issued except on the matters specified in clause (b) of sub-section (j) of section 11"  11 for chapter iv of the principal act, the following chapter shall be substituted, namely:—  'chapter iv appellate tribunal14, the central government shall, by notification, establish an appellate tribunal to be known as the telecom disputes settlement and appellate tribunal to-— (a) adjudicate any dispute— (i) between a licensor and a licensee; (ii) between two or more service providers; as (iii) between a service provider and a group of consumers: provided that nothing in this clause shall apply in respect of matters relating to— (a) the monopolistic trade practice, restrictive trade practice and unfair trade practice which are subject to the jurisdiction of the  monopolies and restrictive trade practices commission established under sub-section (z) of section 5 of the monopolies and restrictive  trade practices act, 1969; (b) the complaint of an individual consumer maintainable before a consumer disputes redressal forum or a consumer disputes redressal commission or the national consumer redressal commission established under section 9 of the consumer protection act, 1986; (c) the dispute between telegraph authority and any other person referred to in sub-section (d of section 7b of the indian telegraph act, 1885; yo (b) hear and dispose of appeal against any direction, decision or order of the authority under this act 14a (1) the central government or a state government or a local authority or any person may make an application to the appellate tribunal for adjudication of any dispute referred to in clause (a) of section 14  4s (2) the central government or a state government or a local authority or any person aggrieved by any direction, decision or order made by the authority may prefer an appeal to the appellate tribunal amendment of section 13 substitution of new chapter for chapter iv establishment of appellate tribunal | application    | for    ||----------------|--------|| settlement     | of     || disputes       | and    || appeals        | to     || appellate      |        || tribunal      |        |(3) every appeal under sub-section (2) shall be preferred within a period of thirty days from the date on which a copy of the direction or order or decision made by the authority is received by the central government or the state government or the local authority or the aggrieved person and it shall be in such form, verified in such manner and be accompanied by such fee as may be prescribed: - s provided that the appellate tribunal may entertain any appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period _ (4) on receipt of an application under sub-section (/) or an appeal under subsection (2), the appellate tribunal may, after giving the parties to the dispute or the {9 appeal an opportunity of being heard, pass such orders thereon as it thinks fit (5) the appellate tribunal shall send a copy of every order made by it to the parties to the dispute or the appeal and to the authority, as the case may be (6) the application made under sub-section (/) or the appeal preferred under sub-section (2) shall be dealt with by it as expeditiously as possible and endeavour (5 shall be made by it to dispose of the application or appeal finally within ninety days from the date of receipt of application or appeal, as the case may be: provided that where any such application or appeal could not be-disposed of within the said period of ninety days, the appellate tribunal shall record its reasons in writing for not disposing of the application or appeal within the said period eo (7) the appellate tribunal may, for the purpose of examining the legality or propriety or correctness, of any dispute made in any application under sub-section ), of of any direction or order or decision of the authority referred to in the appeal preferred under sub-section (2), on its own motion or otherwise, call for the records relevant to disposing of such application or appeal and make such orders as it thinks fit, 25 14b (/) the appellate tribunal shall consist of a chairperson and not more | composition    ||----------------|| appellate      || tribunal      |than two members to be appointed, by notification, by the central government (2) the selection of chairperson and members of the appellate tribunal shall be made by the central government in consultation with the chief justiceof india, (3) subject to the provisions of this act,— 3e (a) the jurisdiction of the appellate tribunal may be exercised by the benches thereof; (6) a bench may be constituted by the chairperson of the appellate tribunal with one or two members of such tribunal as the chairperson may deem fit; :  35 (c) the benches of the appellate tribunal shall ordinarily sit at new delhi and at such other places as the central government may, in consultation with the chairperson of the appellate tribunal, notify; : (@) the central government shall notify the areas in relation to which each bench of the appellate tribunal may exercise its jurisdiction : uo (4) notwithstanding anything contained in sub-section (2), the chairperson of the appellate tribunal may transfer a member of such tribunal from one bench to another bench  , (5) if at any stage of the hearing of any case or matter it appears to the chairperson | or a member of the appellate tribunal that the case or matter is of such a nature that us "it ought to be heard by a bench consisting of two members, the case or matter may be transferred by the chairperson to such bench as the chairperson may deem fit qualifications for appointment 14c a person shail not be qualified for appointment as the chairperson of a member of the appellate tribunal unless he—— of chairperson and members (a) in the case of chairperson, is, or has been, a judge of the supreme court or the chief justice of a high court; s (b) in the case of a member, who has held the post of secretary to the government of india or any equivalent post-in the central government or the state government for a period of not less than two years or a person who is well versed in the field-of technology, telecommunication, industry, commerce or administration 14d the chairperson and every other member of the appellate tribunal shall term of office hold office as such for a term not exceeding three years from the date on which he enters upon his office: provided that no chairperson or other member shall hold office as such after he has attained,— © (a) in the case of chzicperson, the age of seventy years; (b) in the case of any other member, the age of sixty-five years 14b the salary and allowances payable to and the other terms and conditions of service of the chairperson and other members of the appellate tribunal shall be | terms      | and    ||------------|--------|| conditions | of     || service   |        |such as may be prescribed:  ao provided that neither the salary and allowances nor the other terms and conditions of service of the chairperson or a member of the appellate tribunal shail be varied to his disadvantage after appointment : 14f if, for reason other than temporary absence, any vacancy occurs in the vacancies 25 office of the chairperson or a member of the appellate tribunal, the central government shall appoint another person in accordance with the provisions of this act to fill the vacancy and the proceedings may be continued before the appellate tribunal from the stage at which the vacancy is filled 14g (/) the central government may remove from office, the chairperson or removal and resignation any member of the appellate tribunal, who— (a) has been adjudged an insolvent; of (4) has been convicted of an offence which, in the opinion of the central government, involves moral turpitude; or ; (c) has become physically or mentally incapable of acting as the chairperson or a member, or 3s ' {d) has acquired such financial or other interest as is likely' to affect prejudicially his functionsas the chairperson or a member;or "(e) has so abused his position as to render his continuance in office prejudicial to the public interest (2) notwithstanding anything contained in sub-section (/), the chairperson or a member of the appellate tribunal shail not be removed from his office on theground specified in clause (d) or clause (e) of that sub-section unless the supreme court ona 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 it may specify in this behalf, reported that the chairperson or a member ought on such ground or grounds to be removed us (3) the central government may suspend from office, the chairperson or a member of the appellate tribunal in respect of whom a reference has been madeto 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 stal of 14h (1) the central government shall provide the appellate tribunal with ppellate : : tribunal such officers and employees as it may deem fit, : (2) the officers and employees of the appellate tribunal shall discharge their functions under the general superintendence of its chairperson (3) the salaries and allowances and other conditions of service of the officers cy and employees of the appellate tribunal shail be such as may be prescribed distribution of 14-1, where benches are constituted, the chairperson of the appellate tribunal business may, from time to time, by notification, make provisions as to the distribution of the bones business of the appellate tribunal amongst the benches and also provide for the matters jenches,  a which may be dealt with by each bench ; : to power of 14j on the application of any of the parties and after notice to the parties, and chairperson to after hearing such of them as he may desire to be heard, or on his own motion without transfer cases such notice, the chairperson of the appellate tribunal may transfer any case pending  before one bench, for disposal, to any other bench decision to be 14k if the members of a bench consisting of two members differ in opinion on js by majority any point, they shall state the point or points on which they differ, and make a reference to the chairperson of the appellate tribunal who shall hear the point or points himself and such point or points shall be decided according to the opinion of the majority who have heard the case, including those who first heard it members, etc, 14l the chairperson, members and other officers and employees of the go to be public appellate tribunal shall be deemed to be public servants within the meaning of section servants, 21 of the indian penal code uo 45 of 1860, transfer of 14m all applications, pending for adjudication of disputes before the authority pending cases, immediately before the date of establishment of the appellate tribunal under this act, shall stand transferred on that date to such tribunal: as provided that all disputes being adjudicated under the provisions of chapter iv as it stood immediately before the commencement of the telecom regulatory authority of india (amendment) act, 2000, shall continue to be adjudicated by the authority in accordance with the provisions contained in that chapter, till the establishment of the appellate tribunal under this act:  : 30 provided further that all cases referred to in the first proviso shall-be transferred by the authority to the appellate tribunal immediately on its establishment under section 14, transfer of 14n (j) ah appeals pending before the high court immediately before the appeals, - commencement of the telecom regulatory authority of india (amendment) act, 2000, : shall stand transferred to the appellate tribunal on its establishment under section 14 35 (2) where any appeal stands transferred from the high court to the appellate tribunal under sub-section (/),—  (a) the high court shall, as soon 'as may be after such transfer, forward the records of such appeal to the appellate tribunal; and (b) the appellate tribunal may, on receipt of such records, proceed to uo _ deal with such appeal, so far as may be from the-stage which was: reached before such transfer or from any earlier stage or de novo as the appellate tribunal may deem fit civil court not 15 no civil court shall have jurisdiction to entertain any suit or procéeding in respect tohave of any matter which the appellate tribunal is empowered by or under this act to determine we junisdiction 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 : | procedure    | and    ||--------------|--------|| powers       | of     || appellate    |        || tribunal    |        |16, (/) the appellate tribunal shall not be bound by the procedure laid down by the code of civil procedure, 1908, but shall be guided by the principles of natural justice and, subject to the other provisions of this act, the appellate tribunal shall have powers to regulate its own procedure (2) the appellate tribunal shall have, for the purposes of discharging its functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 1908 while trying a suit, in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (6) requiring the discovery and 'production of documents; (c) receiving evidence on affidavits; (d) subject to the provisions of sections 123 and 124 of the indian evidence act, 1872, requisitioning any public record or document or a copy of such record or document, from any office; (e) issuing commissions for the examination of witnesses or documents; (f) reviewing its decisions; (g) dismissing an application for default or deciding it, ex parte; (a) setting aside any order of dismissal of any application for default or any order passed by it, ex parte; and ()) any other matter which may be prescribed (3) every proceeding before the appellate tribunal shall be deemed to be judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196 of the indian penal code and the appellate tribunal shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973 right to legal representation 17 the applicant or appellant may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any of its officers to present his or its case before the appellate tribunal explanation—for the purposes of this section,— (a) "chartered accountant" means a chartered accountant as defined in clause (4) of sub-section (/) of section 2 of the chartered accountants act, 1949 and who has obtained a certificate of practice under sub-section (/) of section 6 of that act; (6) "company secretary" means a company secretary as defined in clause (c) of sub-section (/) of section 2 of the company secretaries act, 1980 and who has obtained a certificate of practice under sub-section (/) of section 6 of that act; (c) "cost accountant" means a cost accountant as defined in clause (b) of sub- section (/) of section 2 of the cost and works accountants act, 1959 and who has obtained a certificate of practice under sub-section (1) of section 6 of that act; (d) "legal practitioner" means an advocate, vakil or an attorney of any high court, and includes a pleader in practice 18 (j) notwithstanding anything contained in the code of civil procedure, 1908 or in any other law, an appeal shall lie against any order, not being an interlocutory appeal to supreme court order, of the appellate tribunal to the supreme court on one or more of the grounds specified in section 100 of that code (2) no appeal shall lie against any decision or order made by the appellate tribunal with the consent of the parties (3) every appeal under this section shall be preferred within a period of ninety days from the date of the decision or order appealed against: provided that the supreme court may entertain the appeal after the expiry of the said period of ninety days, if it is satisified that the appellant was prevented by sufficient cause from preferring the appeal in time > orders passed 19, (1) an order passed by the appellate tribunal under this act shall be executable by the appellate tribunal as a dectee of civil court, and for this purpose, the appellate tribunal shall have all the powers of a civil court, by appellate tribunal to be executable as a decree, (2) notwithstanding anything contained in sub-section (1), the appellate tribunal may transmit any order made by it to a civil court having local jurisdiction and such \o civil court shall execute the order as if it were a decree made by that court 20 if any person wilfully fails to comply with the order of the appellate tribunal, he shail be punishable with fine which may extend to one lakh rupees and in case of a second or subsequent offence with fine which may extend to two lakh rupees and in the case of continuing contravention with additional fine which may extend to two penalty for wilful failure to comply with orders of appellate tribunal lakh rupees for every day during which such default continues' 12 in section 23 of the principal act, after sub-section (2), the following explanation amendment of section 23 shail be inserted, namely:— "explanation—-for the removal of doubts, it is hereby declared that the decisions of the authority taken in the discharge of its functions under clause (b) of sub-section ae (1) and sub-section (2) of section 11 and section 13, being matters appealable to the appellate tribunal, shall not be subject to audit under this section" 13 in section 35 of the principal act, in sub-section (2),—~ amendment of section 35 (a) after clause (a), the following clause shall be inserted, namely:— "(aa) the allowances payable to the part-time members under sub-section 3 5 (6a) of section 5;";  (b) after clause (c), the following clause shall be inserted, namely: "(ca) the salary and allowances and other conditions of service of officers and other employees of the authority under sub-section (2) of section 10;"; (c) after clause (d), the following clauses shall be inserted, namely:— 3e "(da) the form, the manner of its verification and the fee under sub-sectiorr (3) of section 14a; (db) the salary and allowances payable to and other terms and conditions of service of the chairperson and other members of the appellate tribunal under section 14e; 3 (dc) the salary and allowances and other conditions of service of the officers and employees of the appellate tribunal under sub-section (3) of section 14h; (dd) any other 'power of a civil court required to be prescribed under , clause (i) of sub-section (2) of section 16;" 14 in section 36 of the principal act, in sub-section (2),— vo amendment of section 36, (a) clause (c) shall be omitted; ( b)in clause (d), for the words, brackets and letter "under clause (1)", the words, brackets and letters, "under sub-clause (vii) of clause (b)" shall be substituted; (c)in clause (e), for the words, brackets and letter "under clause(m)", the words, brackets and letters "under sub-clause (viii) of clause (b)" shall be substituted; us (a) in clause (f), for the words, brackets and letter "under clause (p)", the words and letter "under clause (c)" shall be substituted repeat and saving 15 (1) the telecom regulatory authority of india (amendment) ordinance, 2000 is 2 of 2000 oe hereby repealed s (2) notwithstanding such repeal, anything done or any action taker under the principal act, as amended by the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of the principal act, as amended by this act the telecom regulatory authority of india was established under the telecom regulatory authority of india act, 1997 (24 of 1997) to regulate the telecommunication services and for matters connected therewith during the course of the functioning of the said authority, certain tssues had come up which were hindering the growth of telecom séctor, the president while addressing the joint session of parliament on 25th october, 1999 had stated that the telecom regulatory authority of india will be strengthened to increase investor' confidence and create a level playing field between public and private operators by making suitable amendments in the telecom regulatory authority of india act, 1997 in pursuance thereof, the central government constituted a group on telecom and it convergence under the chairmanship of the finance minister on 13121999, one of the terms of references of the group was to consider and make recommendations to the central government with reference to strengthening the authority through suitable amendments in the telecom regulatory authority of india act, 1997 the group submitted its recommendations to the central government and the recommendations have been accepted by the central government 2, as parliament was not in session and in view of the urgency to remove the impediments in the growth of this infrastructure sector, the president was pleased to promulgate the telecom regulatory authority of india (amendment) ordinance, 2000 on the 24th day of january, 2000 3 the salient features of the amendments effected by the said ordinance are as follows:— (i) a clear distinction has been made between the recommendatory/advisory and the regulatory functions of the authority as envisaged under sub-section (1) of section 11 of the act; (ii) seeking of recommendations of the authority in respect of matters specified in sub-clauses (i) and (ii) of section 11(1) (a) of the act has been made mandatory for the central government; (iti) the functions of the authority, inter alia, now inchide:— (a) to fix the terms and conditions of interconnectivity between service providers; (b) to lay down the standards of quality of service to be provided by the service providers and ensure quality of service; (©) tomake recommendations on efficient management of available spectrum; - (iv) the composition of the authority has also been changed the authority will now consist of a chairperson and not more than two whole-time members and not more than two part time members to be appointed by the central government the chairperson and other members of the authority shall be appointed from amongst persons having special knowledge of, and professional experience in, telecommunication, industry, finance, accountancy, law, management or consumer affairs; (v) tariff setting function of the authority has been brought under the purview of sub-section (3) of section 11; (vi) further, the decisions of the authority taken in discharge of its functions under sections 11(1}(b), 11(2) and 13 which are appealable to the appellate tribunal shall not be subject to audit by the comptroller and auditor general of india; (vii) new provisions have been made for establishment of a tribunal known as the telecom disputes settlement and appellate tribunal for adjudicating disputes between a licensor and a licencee, between two or more service providers, between a service provider and a group of consumers, and also to hear and dispose of any appeals from the direction, decision or order of the authority, 4 the bill seeks to replace the said ordinance new delhi, ramvilas paswan ¢ the 18th february, 2000 clause !1 of the bill proposes to provide for establishment of an independent statutory appellate body, namely, the telecom disputes settlement and appellate tribunal, the recurring expenditure towards the pay and allowances of the chairperson and members of the appellate tribunal and the officers and other employees of the appellate tribunal is estimated approximately at rs 395 crores per annum non-recurring expenditure on-items such as furniture, office equipments, vehicles, etc, of the appellate tribunal is estimated approximately at rs 39 lakhs the bill if enacted will not incur any other recurring or non-recurring expenditure  memorandum regarding delegated legislationclause 13 of the bill seeks to amend section 35 of the principal act which empowers the central government to make rules by notification to carry out the provisions of the act the matters in respect of which such rules may be made are specified therein these matters relate, inter alia, to the allowances payable to the part-lime members of the authority; the salary and allowances and other conditions of service of officers and other employees of the authority; the form, the manner of its verification and the fee: prefer an appeal against the order of the authority before the appellate tribunal; the salary and allowances payable to and the other terms and conditions of service of the chairperson and other members of the appellate tribunal; the salary and allowances and the other terms and conditions of service of the officers and employees of the appellate tribunal; and any other power of a civil court required to be prescribed by the appellate tribunal 2, the matters in respect of which rules may be made are matters of administrative detail and procedure and, as such, the delegation of legislative power is of a normal character  annexure extracts from the telecom regulatory authority of india act, 1997(24 of 1997) an act to provide for the establishment of the telecom regulatory authority of india to regulate the telecommunication services, and for matters connected therewith or incidental thereto     :  definitions 2 (1) in this act, unless the context otherwise requires,—      (j) "service provider" means the government and includes a licensee; (k) "telecommunication service" means service of any description (including electronic mail, voice mail, data services, audio tex services, video tex services, radio paging and cellular mobile telephone services) which is made available to users by means of any transmission or reception of signs, signals, writing, images and sounds or intellegence of any nature, by wire, radio, visual or other electro-magnetic means but shall not include broadcasting services       chapter ii telecom regulatory authority of indiai establishment 3(1)      and incorporation (3) the authority shall consist of a chairperson, and not less than two, but not exceeding of authority members, to be appointed by the central government  ;     : : qualifications 4 (1) the chairperson shall be a person who is or has been a judge of the supreme 4 for appointment court or who is or has been the chief justice of a high court i of chairperson : and other (2) a member shall be a person who has special knowledge of, and professional ie members 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 i 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 term of office, 5 ep)      i conditions of i service, etc, of (2) the chairperson shall hold office for a term of five years from the date on which i chairperson h his offi | and other ¢ enters upon his office i members (3) 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    x x  (5) 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   x ed x (7) notwithstanding anything contained in sub-section (2)or sub-section (3), a member may— (a) relinquish his office by giving in writing to the central government notice of not less than three months; or - (6) be removed from his office in accordance with the provisions of section 7 (8) the chairperson or any other member ceasing to hold office as such, shall—   x   () not accept any commercial employment, for a period of two years from the date he ceases to hold such office      71)      : (2) notwithstanding anything contained in sub-section(/), no member shail be removed from his office on the ground specified in clause (d) or clause (e) of that sub-section unless removal and suspension of "member from office in certain circumstances, 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  10 (1)    —_  officers and other employees of authority (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  % chapter iii powers and functions of the authority41 (j) notwithstanding anything contained in the indian telegraph act, 1885, the functions of the authority shall be to— functions of authority (a) recommend the need and timing for introduction of new service provider; (5) recommend the terms and conditions of licence to a service provider; (c) ensure technical compatibility and effective inter-connection between different service providers; @ regulate arrangement amongst service providers of sharing their revenue derived from providing telecommunication services; (e) ensure compliance of terms and conditions of licence; (f recommend revocation of licence for non-compliance of terms and conditions of licence; (g) lay down and ensure the time period for providing local and long distance circuits of telecommunication between different service providers; (h) faciliate competition and promote efficiency in the operation of telecommunication services so as to facilitate growth in such services; (i) protect the interest of the consumers of telecommunication service; () monitor the quality-of service and conduct the periodical survey of such provided by the service providers:  (k) inspect the equipment used in the network and recommend the type of equipment tobe used by the service providers; (1) maintain register of inter-connect agreements and of all such other matters as may be provided in the regulations; (m) keep register maintained under clause (1) open for inspection to ally member of public on payment of such fee and compliance of such other requirements as may - be provided in the regulations; (n) settle disputes between service providers; ; (o) render advice to the central government in the matters relating to the development of telecommunication technology and any other matter relatable to telecommunication industry in general; (p) levy fees and other charges at such rates and in respect of such services as may be determined by regulations; (q) ensure effective compliance of universal service obligations; ' (r) perform such other functions including such administrative and financial functions as may beentrusted to it by the central government or as may be necessary to carry out the provisions of this act "     ey (3) while discharging its functions under sub-section (/), the authority shall-not act against the interest of the sovereignty and integrity of india, the security of the state, friendly relations with foreign states, public order, decency or morality   _    13 the authority may, for the discharge of its functions under sub-section (1) of power of authority to issue directions, section 11, issue such directions from time to time to the service providers, asit may consider necessary, \  chapter iv settlement of disputesauthority to settle disputes 14, (1) ifa dispute arises, in respect of matters referred to in sub-section (2), among service providers or between service providers and a group of consumers, such disputes shall be adjudicated by a bench constituted by the chairperson and such bench shall consist of two members: : provided that if the members of the bench differ on any point or points they shall state the point or points on which they differ and refer the same to a third member for hearing on such point or points and such point or points shall be decided according to the opinion of » that member, (2) the bench constituted under sub-section (7) shall exercise, on and from the appointed day all such jurisdiction, powers and authority as were exercisable immediately before that date by any civil court on any matter relating to— (i) technical compatibility and inter-connections between service providers; (i) revenue sharing arrangements between different service providers; (iii) quality of telecommunication services and interest of consumers: provided that nothing in this sub-section shall apply in respect of matters relating to— (a) the monopolistic trade practice, restrictive trade practice and unfair trade practice which are subject to the jurisdiction of the monopolies and restrictive trade practices commission established under sub-section @) of section 5 of the monopolies and restrictive trade practices act, 1969; (6) the complaint of an individual consumer maintainable before a consumer disputes redressal forum or a consumer disputes redressal commission or the national consumer redressal commission established under section 9 of the consumer protection act, 1986; (c) dispute between telegraph authority and any other person referred to in subsection (/) of section 7b of the indian telegraph act, 1885 : 15 (/) an aggreived person 'may make an application in respect of matters referred to in sub-section (2) of section 14 within such period as may be prescribed filing of application to authority and procedure forpassing order by explanation:—for the purposes of this sub-section, the expression "aggrieved person" means— : it (i) any service provider who has a dispute in respect of matters referred to in clauses (i) and (42) of sub-section (2) of section 14; (ii) where 'any loss or damage is caused toa group of consumers, any member representing such group of consumers (2) on receipt of an application made under sub-séction (j), the authority may, after giving the parties an opportunity of being heard, pass such orders as it thinks fit preferably within a period of six months from the date of filing of such application and shall record reasons in writing if final order cannot be passed within the said period (3) while arriving at a decision, the authority shall record in writing the reasons for such decision - (4) every decision of the authority shall be published i in the annual report of the authority : " (5) the orders and directions of the authority shall be binding on the service providers, government and all other persons concerned 16, (/) the authority shall be guided by the principles of natural justice procedure and powers of authority: (2) the authority shall have, for the purpose of discharging their functions under this chapter, the same powers as are vested in a civil court under the code of civil procedure, 1908 in respect of the following matters, namely:-— (a) summoning and enforcing the attendance of any person and examining | him on oath; (b) requiring the discovery ahd production of documents; - (c) receiving evidence on-affidavits; " (d) issuing commissions for the examination of witnesses'or documents; (e) reviewing its decisions; (f) dismissing an application for default or deciding it ex parte; (g) setting aside any order of dismissal of any application for default or any order passed by it ex parte; (a) any other matter which may be prescribed (3) every proceeding before the authority shall be deemed to be a judicial proceeding withing the meaning of sections 193 and 228, and for the purpose of section 196 of the indian penal code and the authortiy shall be deemed to be a civil court for all the purposes a5 of 1860 of section 195 and chapter xxvi of the code of criminal procedure, 1973 2 of 1974, 17 the applicant may either appear in person or authorise one or more legal right to legal representation practitioners or any of its officers to present his or its case before the authority appeal to high court 18 any person aggrieved by any decision or order of the authority may file an appeal to the high court within thirty days from the date of communication of the decision or order of the authority to him:   provided that the high court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days, | orders      | passed     ||-------------|------------|| 19         |            || every       |            || order       |            || made        |            || by          |            || the         |            || authority   |            || under       |            || this        |            || act         |            || or          |            || the         |            || order       |            || made        |            || by          |            || the         |            || high        |            || by          | authority  || high        | court      || court       |            || in          |            || any         |            || appeal      |            || against     |            || any         |            || order       |            || of          |            || the         |            || authority   |            || shall,      |            || on          |            || a           |            || certificate |            || issued      |            || by          |            || any         |            || ft          |            || be          | executable || officer     |            || of the      |            || authority   |            || or          |            || the         |            || registrar   |            || of          |            || the         |            || high        |            || court,      |            || as          |            || the         |            || case        |            || may         |            || be,         |            || be          |            || deemed      |            || to          |            || :           |            || as          | a          || be          |            || decree      |            || of          |            || the         |            || civil       |            || court       |            || and         |            || shall       |            || be          |            || executable  |            || in          |            || the         |            || same        |            || manner      |            || as          |            || a           |            || decree      |            || of          |            || that        |            || 4           |            || court      |            ||            |            || q           |            |- 20 if any person wilfully fails to comply with the orders of the authority or any order |           | penalty    | for    ||-----------|------------|--------|| wilful    | failure    | to     || comply    | with       |        || orders    | of         |        || authority | or         |        || high      | court     |        |of the high court, as the case may be, he shall be punishable with fine which may extend to one lakh rupees and in case of a second or subsequent offence with fine which may extend to two lakh rupees and in the case of continuing contravention with additional fine which may extend to two lakh rupees for every day during which the default continues      accounts and 23 ()      audit (2) the accounts of the authority shall be audited by the comptroiler and auditor- general of india at such intervals as may be specified by him and any expenditure incurred in connection with such auditor shall be payable by the authority to the comptroller and auditor-general of india :    pe   power to make 35 (j)      rules (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of thé following matters, namely:—  ok    power to make 36 (1)   _  +   regulations (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:— x,     (0) the salaries and allowances payable to and the other conditions of service of officers and other employees of the authority under sub-section (2) of section 10: (d) matters in respect of which register is to be maintained by the authority under clause (1) of sub-section (1) of section li; ; (e) levy of fee and lay down such other tequirements on fulfilment of which a copy of register may be obtained under clause (m) of sub-section (7) of section 11; (f) levy of fees and other charges under clause (p) of sub-section (j) of section 11, ue       