 bill no xli of 2006 the prevention of unsolicited telephonic calls and protection of privacy bill, 2006 a billto prohibit unsolicited telephone calls by business promoters or individuals to persons not desirous of receiving such calls and for the protection of individual privacy of citizens and for matters connected therewith or incidental theretobe  it enacted by parliament in the fifty-seventh year of the republic of india as follows:—short title, extent  and commencement1  (1) this act may be called the prevention of unsolicited telephonic calls and protection of privacy act, 20065(2) it extends to the whole of india(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) 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 making of unsolicited telephone calls for promoting business interests or forother purposes or for harassment is hereby prohibitedprohibition of making unsolicited telephone calls(2) whoever contravenes the provisions of sub-section (1) shall be guilty of anoffence under this act54 notwithstanding anything contained in any other law for the time being in force, thelicenced mobile operators shall not pass on the information of their subscribers to any telemarketing service provider, banks, insurance companies or such other service provider so as to protect the subscribers from unsolicited telephone callsmobile operators not to pass on information of subscribersright to privacy105 (1) every person shall have the right of privacy and to lead and enjoy his personallife without unwarranted infringement thereof and no person shall be deprived of this right except according to procedure established by law for the time being in force(2) whoever contravenes the provisions of sub-section (1) shall be guilty of an offenceunder this act156 no person shall use a cellular phone having built in camera if it does not produce asound of minimum sixty-five decibels and flashes a light when used to take a picture of any object or with such other conditions as may be prescribedrestriction on use of cellphone camera7 subject to public order, morality and health no person with a view to blackmail theperson or for making commercial gains therefrom, shall photograph:-20restrictions 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; and(b) any part or whole of a human body at a public place without the consent ofthe person concernedpenalty8 (1) whoever contravenes the provisions of,—25(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;30(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 mobile company which contravenes the provisions of section 4 shall bepunished with fine which may extend to ten lakh rupees and suspension of its licence for a period of one year2 of 197435offences to be cognizable9 notwithstanding anything contained in the code of criminal procedure, 1973 every offence punishable under this act shall be cognizable10 the provision of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forceoverriding effect of the actpower to make rules11 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement  of  objects  and  reasonsof late, telephone subscribers, both mobile phones and land line phones, are facing the problem of unsolicited calls from tele marketing 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 interest many a time these calls are very irritating particularly when someone is very busy in meetings, official work, family functions etc and when received at odd hours to get rid of this menace a petition has also been filed in the supreme court of india as regards land line phones mtnl or bsnl publish telephone directories but in case of cellular mobile phones the information can be given generally by the mobile phone operating companies the menace of unsolicited phone calls needs to be stopped by providing deterrent punishment through legislationsimilarly, the much publicised 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 phone cameras to secretly capture private images of girls and women and then blackmail them and embarrass 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 billb j panda 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 details onlythe delegation of legislative power is of normal character rajya  sabha———— a billto prohibit unsolicited telephone calls by business promoters or individuals to persons notdesirous of receiving such calls and for the protection of individual privacy of citizens and for matters connected therewith or incidental thereto————(shri b j panda, mp)mgipmrnd—512rs(s5)—12052006