The Telecommunications Act, 2023.
# THE TELECOMMUNICATIONS ACT, 2023 __________

 ARRANGEMENT OF SECTIONS _________

CHAPTER I

PRELIMINARY

SECTIONS

1. Short title, extent and commencement.
2. Definitions.

CHAPTER II

POWERS OF AUTHORISATION AND ASSIGNMENT
3. Authorisation.
4. Assignment of spectrum.
5. Re-farming and harmonisation.
6. Technologically neutral use of spectrum.
7. Optimal utilisation of spectrum.
8. Establishment of monitoring and enforcement mechanism.
9. No refund of fees.

CHAPTER III

RIGHT OF WAY FOR TELECOMMUNICATION NETWORK
10. Definition of terms used in this Chapter.
11. Right of way for telecommunication network in public property.
12. Right of way for telecommunication network on property not covered under section 11.
13. Non-discriminatory and non- exclusive grant of right of way.
14. Telecommunication network distinct from property on which it is installed.
15. Power of Central Government to establish common ducts and cable corridors.
16. Removal, relocation or alteration of telecommunication network.
17. Notice to facility provider.
18. Dispute resolution relating to this Chapter.

CHAPTER IV

STANDARDS, PUBLIC SAFETY, NATIONAL SECURITY AND PROTECTION OF TELECOMMUNICATION
NETWORKS
19. Power to notify standards.
20. Provisions for public emergency or public safety.
21. Measures for national security, etc.
22. Protection of telecommunication network and telecommunication services.
23. Power to give directions.

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CHAPTER V

DIGITAL BHARAT NIDHI

SECTIONS
24. Establishment of Digital Bharat Nidhi.
25. Crediting of sum to Consolidated Fund of India.
26. Administration of Digital Bharat Nidhi.

CHAPTER VI

INNOVATION AND TECHNOLOGY DEVELOPMENT
27. Regulatory sandbox.

CHAPTER VII

PROTECTION OF USERS
28. Measures for users.
29. Duty of users.
30. Dispute resolution mechanism to redress user grievances.

CHAPTER VIII

ADJUDICATION OF CERTAIN CONTRAVENTIONS

31. Definitions of terms used in this Chapter.
32. Breach of terms and conditions of authorisation or assignment.
33. Contraventions of Act.
34. Voluntary undertaking for contraventions.
35. Adjudicating Officer.
36. Designated Appeals Committee.
37. Process to be followed by Adjudicating Officer and Designated Appeals Committee.
38. Enforcement.
39. Appeals on matters relating to section 32.
40. Appeals on matters relating to section 33.
41. Jurisdiction of civil court barred.

CHAPTER IX

OFFENCES
42. General provisions relating to offences.
43. Power to search.
44. Supply of information to authorised officers.

CHAPTER X

MISCELLANEOUS
45. Creation of security interests.
46. Certification of person for operation of radio equipment on a vessel or aircraft.
47. Certification for amateur station operator.
48. Prohibition of use of equipment which blocks telecommunication.

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SECTIONS
49. Penalties not to affect other liabilities.
50. Act to apply for offence or contravention committed outside India.
51. Protection of action taken in good faith.
52. Consistency with other laws.
53. Implementation of Act.
54. Employee of authorised entity not to be compelled to appear as witness.
55. Rights in Continental Shelf and Exclusive Economic Zone.
56. Power of Central Government to make rules.
57. Power of Central Government to amend Schedules.
58. Power to remove difficulties.
59. Amendment to Act 24 of 1997.

CHAPTER XI

REPEAL AND SAVINGS

60. Repeal of certain Acts and savings.
61. Existing rules to continue.
62. Validation of certain acts and indemnity.
THE FIRST SCHEDULE
THE SECOND SCHEDULE

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# THE TELECOMMUNICATIONS ACT, 2023

 ACT NO. 44 OF 2023

[24th December, 2023.]

# An Act to amend and consolidate the law relating to development, expansion and operation of telecommunication services and telecommunication networks; assignment of spectrum; and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

**1. Short title, extent and commencement.—(1) This Act may be called the Telecommunications**
Act, 2023.

(2) It extends to,—

(i) the whole of India; and

(ii) to any offence committed or contravention made outside India by any person, as provided in
this Act.

(3) It shall come into force on such date[1] as the Central Government may, by notification in the
Official Gazette, appoint and different dates may be appointed for different provisions of this Act and any
reference in any such provision to the commencement of this Act shall be construed as a reference to the
commencement of that provision.

**2. Definitions.—In this Act, unless the context otherwise requires,—**

(a) “appointed day” means such date as the Central Government may, by notification appoint
under sub-section (3) of section 1;

(b) “assignment” of a radio frequency or radio frequency channel means the permission for a
radio station to use a radio frequency or radio frequency channel under specified conditions;

(c) “assignee” means a person holding an assignment of a radio frequency or radio frequency
channel under section 4;

(d) “authorisation” means a permission, by whatever name called, granted under this Act for—

(i) providing telecommunication services;

(ii) establishing, operating, maintaining or expanding telecommunication networks; or

(iii) possessing radio equipment;

(e) “authorised entity” means a person holding an authorisation under section 3;

(f) “critical telecommunication infrastructure” means telecommunication networks notified under
sub-section (3) of section 22;

(g) “message” means any sign, signal, writing, text, image, sound, video, data stream, intelligence
or information sent through telecommunication;

**1. 26th June, 2024.--Sections 1,2,10 to 30, 42 to 44, 46, 47, 50 to 58, 61 and 62, vide Notification NO. S. O. 2408 (E), dated 26th June, 2024,**
_see Gazette of India, Extraordinary, Part II, sec. 3 (ii)._
**5th July, 2024.--Sections 6 to 8, 48 and 59(b), vide Notification No. S.O. 2623(E), dated the 5th July, 2024, see Gazette of India, Extraordinary,**
Part II, sec. 3(ii).

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(h) “National Frequency Allocation Plan” means guidelines issued from time to time by the
Central Government for the use of the spectrum;

(i) “notification” means a notification published in the Official Gazette and the expression
“notified” shall be construed accordingly;

(j) “person” shall include an individual, any company or association or body of individuals,
whether incorporated or not, by whatsoever name called or referred to;

(k) “prescribed” means prescribed by rules made under this Act;

(l) “radio equipment” means telecommunication equipment used or capable of use for
telecommunication by means of Hertzian or radio waves;

(m) “radio waves” means electro-magnetic waves of frequencies propagated in space without any
artificial guide;

(n) “Schedule” means a schedule to this Act;

(o) “spectrum” means the range of frequencies of Hertzian or radio waves;

(p) “telecommunication” means transmission, emission or reception of any messages, by wire,
radio, optical or other electro-magnetic systems, whether or not such messages have been subjected to
rearrangement, computation or other processes by any means in the course of their transmission,
emission or reception;

(q) “telecommunication equipment” means any equipment, appliance, instrument, device, radio
station, radio equipment, material, apparatus, or user equipment, that may be or is being used for
telecommunication, including software and intelligence integral to such telecommunication
equipment; and excludes such equipment as may be notified by the Central Government;

(r) “telecommunication identifier” means a series of digits, characters and symbols, or a
combination thereof, used to identify uniquely a user, a telecommunication service, a
telecommunication network, elements of a telecommunication network, telecommunication
equipment, or an authorised entity;

(s) “telecommunication network” means a system or series of systems of telecommunication
equipment or infrastructure, including terrestrial or satellite networks or submarine networks, or a
combination of such networks, used or intended to be used for providing telecommunication services,
but does not include such telecommunication equipment as notified by the Central Government;

(t) “telecommunication service” means any service for telecommunication;

(u) “user” means a natural or legal person using or requesting a telecommunication service, but
does not include person providing such telecommunication service or telecommunication network.

CHAPTER II

POWERS OF AUTHORISATION AND ASSIGNMENT

**3. Authorisation.—(1) Any person intending to—**

(a) provide telecommunication services;

(b) establish, operate, maintain or expand telecommunication network; or

(c) possess radio equipment,

shall obtain an authorisation from the Central Government, subject to such terms and conditions,
including fees or charges, as may be prescribed.

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(2) The Central Government may while making rules under sub-section (1) provide for different
terms and conditions of authorisation for different types of telecommunication services,
telecommunication network or radio equipment.

(3) The Central Government, if it determines that it is necessary in the public interest so to do, may
provide exemption from the requirement of authorisation under sub-section (1), in such manner as may be
prescribed.

(4) Any exemption granted prior to the appointed day under the Indian Telegraph
Act, 1885 (13 of 1885) or the Indian Wireless Telegraphy Act, 1933 (17 of 1933) shall continue under
this Act, unless otherwise notified by the Central Government.

(5) Any authorised entity may undertake any merger, demerger or acquisition, or other forms of
restructuring, subject to any law for the time being in force and any authorised entity that emerges
pursuant to such process, shall comply with the terms and conditions, including fees and charges,
applicable to the original authorised entity, and such other terms and conditions, as may be prescribed.

(6) A licence, registration, permission, by whatever name called, granted prior to the appointed day
under the Indian Telegraph Act, 1885 (13 of 1885) or the Indian Wireless Telegraphy
Act, 1933 (17 of 1933), in respect of provision of telecommunication services or telecommunication
network—

(a) where a definite validity period is given, shall be entitled to continue to operate under the
terms and conditions and for the duration as specified under such licence or registration or
permission, or to migrate to such terms and conditions of the relevant authorisation, as may be
prescribed; or

(b) where a definite validity period is not given, shall be entitled to continue to operate on the
terms and conditions of such licence or registration or permission for a period of five years from the
appointed day, or to migrate to such terms and conditions of the relevant authorisation, as may be
prescribed.

(7) Any authorised entity which provides such telecommunication services as may be notified by the
Central Government, shall identify the person to whom it provides telecommunication services through
use of any verifiable biometric based identification as may be prescribed.

(8) The Central Government may, subject to such terms and conditions, including fees or charges as
may be prescribed, allot telecommunication identifiers for use by authorised entities.

(9) The Central Government may allow use of telecommunication identifiers allotted by international
bodies which are recognised by the Central Government from time to time.

**4. Assignment of spectrum.—(1) The Central Government, being the owner of the spectrum on**
behalf of the people, shall assign the spectrum in accordance with this Act, and may notify a National
Frequency Allocation Plan from time to time.

(2) Any person intending to use spectrum shall require an assignment from the Central Government.

(3) The Central Government may prescribe such terms and conditions as may be applicable, for such
assignment of spectrum, including the frequency range, methodology for pricing, price, fees and charges,
payment mechanism, duration and procedure for the same.

(4) The Central Government shall assign spectrum for telecommunication through auction except for
entries listed in the First Schedule for which assignment shall be done by administrative process.

_Explanation.—For the purposes of this sub-section,—_

(a) “administrative process” means assignment of spectrum without holding an auction;

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(b) “auction” means a bid process for assignment of spectrum.

(5) (a) The Central Government may, by notification, amend the First Schedule for assignment of
spectrum—

(i) in order to serve public interest; or

(ii) in order to perform government function; or

(iii) in cases where auction of spectrum is not the preferred mode of assignment due to
technical or economic reasons.

(b) The notification referred to in clause (a) shall be laid before each House of Parliament.

(6) The Central Government, if it determines that it is necessary in the public interest so to do, may
exempt,—

(a) from the requirement of assignment under sub-section (2), in such manner as may be
prescribed; and

(b) by notification, specific usages within specified frequencies and parameters, from the
requirements of sub-section (2).

(7) Any exemption with respect to use of spectrum granted under the Indian Telegraph
Act, 1885 (13 of 1885) and the Indian Wireless Telegraphy Act, 1933 (17 of 1933) prior to the appointed
day, shall continue under this Act, unless otherwise notified by the Central Government.

(8) Any spectrum assigned through the administrative process prior to the appointed day, shall
continue to be valid on the terms and conditions on which it had been assigned, for a period of five years
from the appointed day, or the date of expiry of such assignment, whichever is earlier.

(9) Any spectrum assigned through auction prior to the appointed day, shall continue to be valid on
the terms and conditions on which it had been assigned.

**5. Re-farming and harmonisation.—The Central Government may, to enable more efficient use of**
spectrum, re-farm or harmonise any frequency range assigned under section 4, subject to such terms and
conditions, as may be prescribed.

_Explanation.—For the purposes of this section,—_

(a) “harmonisation” means rearrangement of a frequency range;

(b) “re-farming” means repurposing of a frequency range for a different use, other than that for
which it is used by an existing assignee.

**6. Technologically neutral use of spectrum.—The Central Government may enable the utilisation**
of the spectrum in a flexible, liberalised and technologically neutral manner, subject to such terms and
conditions, including applicable fees and charges, as may be prescribed.

**7. Optimal utilisation of spectrum.—(1) The Central Government may, to promote optimal use of**
the available spectrum, assign a particular part of a spectrum that has already been assigned to an entity,
known as the primary assignee, to one or more additional entities, known as the secondary assignees,
where such secondary assignment does not cause harmful interference in the use of the relevant part of
the spectrum by the primary assignee, subject to such terms and conditions as may be prescribed.

(2) The Central Government may, notwithstanding anything contained in any other law for the time
being in force, after providing a reasonable opportunity of being heard to the assignee concerned,
determines that any assigned spectrum has remained unutilised for insufficient reasons for such period as
may be prescribed, terminate such assignment, or a part of such assignment, or prescribe further terms
and conditions relating to spectrum utilisation.

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**8. Establishment of monitoring and enforcement mechanism.—(1) The Central Government may**
establish by notification, such monitoring and enforcement mechanism as it may deem fit to ensure
adherence to terms and conditions of spectrum utilisation and enable interference-free use of the assigned
spectrum.

(2) The Central Government may permit the sharing, trading, leasing and surrender of assigned
spectrum, subject to the terms and conditions, including applicable fees or charges, as may be prescribed.

**9. No refund of fees.—No person shall be entitled to the refund of any fees or charges paid in respect**
of or under an authorisation or assignment granted under this Act, if such authorisation or assignment is
suspended, curtailed, revoked or varied.

CHAPTER III

RIGHT OF WAY FOR TELECOMMUNICATION NETWORK

**10. Definition of terms used in this Chapter.—For the purpose of this Chapter,—**

(a) “facility provider” means the Central Government or any authorised entity, including any
contractor or sub-contractor or agent working for the Central Government or authorised entity, and
shall include their successor or assignee;

(b) “public entity” means,—

(i) the Central Government;

(ii) the State Government;

(iii) local authority;

(iv) any authority, body, company or institution incorporated or established by the Central
Government or the State Government, or under any statute; or

(v) any non-government entity vested with the ownership, control or management of any
public facility or class of public facilities, as may be notified by the Central Government;

(c) “public property” means any property, whether movable or immovable including any
machinery, which is owned by, or in the possession of, or under the control or management of any
public entity.

**11. Right of way for telecommunication network in public property.—(1) Any facility provider**
may submit an application to a public entity under whose ownership, control or management, the public
property is vested, to seek permissions for right of way for telecommunication network under, over,
along, across, in or upon such public property.

(2) On receipt of an application from a facility provider under sub-section (1), the public entity shall,
subject to the provisions of sub-section (4), grant permission for all or any of the following acts,
namely:—

(a) survey such property for the purpose of assessing the feasibility for establishing
telecommunication network; or

(b) enter the property from time to time to establish, operate, maintain, repair, replace, augment,
remove or relocate any telecommunication network.

(3) The public entity shall grant permission under sub-section (2) in an expeditious manner and within
such timelines as may be prescribed, and subject to such administrative expenses and compensation for
right of way, which shall not exceed such amount as may be prescribed.

(4) Any rejection of an application under sub-section (1) shall be based on reasonable grounds to be
recorded in writing.

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(5) The facility provider shall do as little damage as possible to the public property, and ensure that
the functionality and continuity of operations over such public property is not adversely affected, while
undertaking any of the activities for which permission has been granted under sub-section (2).

(6) If any damage is caused to the property, the facility provider shall, at the option of the public
entity, either,—

(a) restore such property to its state as existed prior to the undertaking of such activities; or

(b) pay compensation for such damage as may be mutually agreed.

(7) The provisions of this section shall be applicable to any public property vested for such projects or
class of projects as notified by the Central Government, in respect of which, applications under
sub-section (1) shall be made to the public entity granting the concession, contract or permission for such
projects.

**12. Right of way for telecommunication network on property not covered under**
**section 11.—(1) Any facility provider may submit an application to the person under whose ownership,**
control or management of property not covered under section 11 is vested, to seek right of way for
telecommunication network under, over, along, across, in or upon such property.

(2) On receipt of an application from a facility provider, the person receiving the application may
enter into an agreement, specifying consideration as mutually agreed, for—

(a) undertaking surveys as may be required by the facility provider for the purpose of assessing
the feasibility for establishing telecommunication network; or

(b) establishing, operating, maintaining, repairing, replacing, augmenting, removing or relocating
any telecommunication network by the facility provider.

(3) The facility provider shall do as little damage as possible to the property when undertaking any of
the activities for which permission has been granted under sub-section (2).

(4) In case of any damage to the property, the facility provider shall restore such property to its state
as existed prior to the undertaking of such activities, failing which the person granting permission under
sub-section (2), shall be entitled to compensation as may be mutually agreed, for any such damage.

(5) The Central Government may by rules provide for the procedure to be followed by a facility
provider to enter, survey, establish, operate, maintain, repair, replace or relocate the telecommunication
network, including the notice period, the manner of issuance of notice, the framework governing
objections by owner or occupier of the property, the manner in which such objections would be resolved,
and matters relating to the compensation payable for any damage.

(6) If the person under sub-section (2) fails to provide the right of way requested, and the Central
Government determines that it is necessary so to do in the public interest, it may, either by itself or
through any other authority designated by the Central Government for this purpose, determine that such
facility provider shall be permitted the right of way to establish, operate, maintain such
telecommunication network, subject to such terms and conditions, including charges for the right of way,
and compensation for damage to the property, if any, to be payable to such person as may be prescribed.

**13. Non- discriminatory and non- exclusive grant of right of way.—Any person providing right of**
way under section 11 or section 12, shall ensure grant of right of way to the facility providers in a
non-discriminatory manner and, as far as practicable, on a non-exclusive basis.

**14. Telecommunication network distinct from property on which it is installed.—(1) A facility**
provider shall not have any right, title or interest in the property on which telecommunication network is
established, except the right to use the property as provided under section 11 or section 12.

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(2) The telecommunication network installed on any property, shall not be subject to any claims,
encumbrances, liquidation or the like, relating to such property.

(3) The telecommunication network installed on any property, shall not be considered as part of such
property, including for the purposes of any transaction related to that property, or any property tax, levy,
cess, fees or duties as may be applicable on that property.

(4) Notwithstanding anything contained in any other law for the time being in force, no public entity,
except with the permission of an officer authorised by the Central Government for this purpose, shall
have the authority to take any coercive action, such as sealing, preventing access, or forcible shutdown of
the telecommunication network established by an authorised entity, except where such actions may be
necessary to deal with any natural disaster or public emergency.

**15. Power of Central Government to establish common ducts and cable corridors.—(1) The**
Central Government may notify infrastructure projects or class of infrastructure projects, whether being
developed by a public entity by itself, through a public private partnership or by any other person, that
may require establishment of common ducts or conduits or cable corridors, for installation of
telecommunication network.

(2) The telecommunication network referred to in sub-section (1) shall be made available on open
access basis to facility providers, subject to such terms and conditions, including fees and charges, as may
be prescribed.

**16. Removal, relocation or alteration of telecommunication network.—(1) Where, under**
section 11 or section 12, telecommunication network has been placed by the facility provider, under, over,
along, across, in or upon any property, and any person entitled to do so desires to deal with that property
in such a manner so as to render it necessary or convenient that the telecommunication network should be
removed or relocated to another part thereof or to a higher or lower level or altered in form, he may
require the facility provider to remove, relocate or alter the telecommunication network accordingly.

(2) If compensation has been paid under sub-section (6) of section 11, or sub-section (4) of
section 12, such person shall, when making the requisition under sub-section (1), tender to the facility
provider the amount requisite to defray the expense of the removal, relocation or alteration on such terms
as may be mutually agreed.

(3) If any dispute arises under this Chapter, the matter shall be determined by the authority referred to
in sub-section (2) of section 18.

(4) If the facility provider omits to comply with the requisition, the person making such requisition,
may apply to the District Magistrate within whose jurisdiction the property is situated, to order the
relocation or alteration.

(5) The District Magistrate receiving the application may, at its discretion and for reasons to be
recorded in writing, approve or reject such relocation or alteration, subject to such conditions as it
determines fit, including the relocation of the telecommunication network to any other part of the property
or to a higher or lower level or for the alteration of its form, and the order so made shall be final.

**17. Notice to facility provider.—(1) Any person desiring to exercise his right to deal with his**
property in such a manner as is likely to cause damage or to interrupt or interfere with the
telecommunication network established under the provisions of this Act, or to interrupt or interfere with
telecommunication services, shall give prior notice of such duration and in such manner, as may be
prescribed, to the facility provider, the Central Government or to any authority that may be notified by the
Central Government.

(2) The facility provider shall respond to such notice with details of such telecommunication network
and precautionary measures to be undertaken, within such timelines as may be prescribed.

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(3) Where a person referred to in sub-section (1) gives a notice of his exercise of the right relating to
his property with the bona _fide intention of averting imminent danger of personal injury to himself or any_
other person, such person shall be deemed to have complied with the provisions of the said sub-section.

(4) Any person who fails to comply with the provisions of sub-section (1), or deals with any property
in such a manner as is likely to cause, or causes, damage to any telecommunication network, or is likely
to interrupt or interfere, or interrupts or interferes with telecommunication services, a District Magistrate
may, on the application of the facility provider, order such person to abstain from dealing with such
property in such manner for a period not exceeding one month from the date of his order and forthwith to
take such action with regard to such property as may be in the opinion of the District Magistrate necessary
to remedy or prevent such damage, interruption or interference during such period.

(5) If any dispute arises relating to damages, the matter shall be determined by the authority referred
to under sub-section (2) of section 18.

**18. Dispute resolution relating to this Chapter.—(1) The District Magistrate, or any other**
authority as notified by the Central Government, within whose jurisdiction the property is situated, shall
have the exclusive powers to resolve any disputes under this Chapter, except for disputes referred to
under sub-section (2) of this section.

(2) If any dispute arises relating to compensation under sub-section (6) of section 11, sub-section (2)
and sub-section (4) of section 12, and sub-section (5) of section 17, it shall, on an application made for
that purpose by either of the disputing parties to the District Judge within whose jurisdiction the property
is situated, be determined by him.

(3) Every determination of a dispute by a District Magistrate or District Judge under this section, shall
be final.

(4) Nothing in sub-section (3) shall affect the right of any person to recover by suit the whole or any
part of any compensation paid by the facility provider, from the person who has received the same.

CHAPTER IV

STANDARDS, PUBLIC SAFETY, NATIONAL SECURITY AND PROTECTION OF TELECOMMUNICATION
NETWORKS

**19. Power to notify standards.—The Central Government may notify standards and conformity**
assessment measures in respect of—

(a) telecommunication equipment, telecommunication identifiers and telecommunication
network;

(b) telecommunication services, in consonance with any regulations notified by the Telecom
Regulatory Authority of India from time to time;

(c) manufacture, import, distribution and sale of telecommunication equipment;

(d) telecommunication security, including identification, analysis and prevention of intrusion in
telecommunication services and telecommunication networks;

(e) cyber security for telecommunication services and telecommunication networks; and

(f) encryption and data processing in telecommunication.

**20. Provisions for public emergency or public safety.—(1) On the occurrence of any public**
emergency, including disaster management, or in the interest of public safety, the Central Government or
a State Government or any officer specially authorised in this behalf by the Central Government or a State
Government, if satisfied that it is necessary or expedient so to do, by notification—

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(a) take temporary possession of any telecommunication service or telecommunication network
from an authorised entity; or

(b) provide for appropriate mechanism to ensure that messages of a user or group of users
authorised for response and recovery during public emergency are routed on priority.

(2) On the occurrence of any public emergency or in the interest of public safety, the Central
Government or a State Government or any officer specially authorised in this behalf by the Central
Government or a State Government, may, if satisfied that it is necessary or expedient so to do, in the
interest of the sovereignty and integrity of India, defence and security of the State, friendly relations with
foreign States, public order, or for preventing incitement to the commission of any offence, subject to
such procedure and safeguards as may be prescribed, and for reasons to be recorded in writing, by
order—

(a) direct that any message or class of messages, to or from any person or class of persons, to or
from any telecommunication equipment or class of telecommunication equipment, or relating to any
particular subject, brought for transmission by, or transmitted or received by any telecommunication
service or telecommunication network, shall not be transmitted, or shall be intercepted or detained, or
shall be disclosed in intelligible format to the officer mentioned in such order; or

(b) direct that any telecommunication service or class of telecommunication services to or from
any person or class of persons, to or from any telecommunication equipment or class of
telecommunication equipment, or relating to any particular subject, transmitted or received by any
telecommunication service or telecommunication network, shall be suspended.

(3) The press messages, intended to be published in India, of correspondents accredited to the Central
Government or a State Government shall not be intercepted or detained, unless their transmission has
been prohibited under clause (a) of sub-section (2).

(4) The action specified under sub-section (1), sub-section (2) and sub-section (3) shall be for such
duration and in such manner as may be prescribed.

**21. Measures for national security, etc.—The Central Government may, if satisfied that it is**
necessary or expedient so to do, in the interest of national security, friendly relations with foreign States,
or in the event of war, by notification take such measures as are necessary in the circumstances of the
case, including issuing directions in respect of the following, namely:—

(a) use of telecommunication equipment, telecommunication services, telecommunication
network and telecommunication identifiers;

(b) standards applicable to manufacture, import and distribution of telecommunication
equipment;

(c) standards to be adopted by authorised entities or assignees;

(d) procurement of telecommunication equipment and telecommunication services only from
trusted sources;

(e) suspension, removal or prohibition of the use of specified telecommunication equipment and
telecommunication services from countries or person as may be notified; or

(f) taking over the control and management of, or suspending the operation of, or entrusting any
authority of the Central Government to manage any or all of any telecommunication services, or any
telecommunication network or part thereof, connected with such telecommunication services.

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**22. Protection of telecommunication network and telecommunication services.—(1) The Central**
Government may by rules provide for the measures to protect and ensure cyber security of
telecommunication networks and telecommunication services.

(2) The measures may include collection, analysis and dissemination of traffic data that is generated,
transmitted, received or stored in telecommunication networks.

_Explanation.—For the purposes of this sub-section, the expression “traffic data” means any data_
generated, transmitted, received or stored in telecommunication networks including data relating to the
type, routing, duration or time of a telecommunication.

(3) The Central Government may, by notification in the Official Gazette, declare any
telecommunication network, or part thereof, as Critical Telecommunication Infrastructure, disruption of
which shall have debilitating impact on national security, economy, public health or safety.

(4) The Central Government may by rules provide for the standards, security practices, upgradation
requirements and procedures to be implemented for such Critical Telecommunication Infrastructure.

**23. Power to give directions.—If it appears necessary or expedient so to do in the public interest, the**
Central Government may direct any authorised entity to transmit in its telecommunication services or
telecommunication network, specific messages, in such manner as may be specified.

CHAPTER V

DIGITAL BHARAT NIDHI

**24. Establishment of Digital** **_Bharat Nidhi.—(1) The Universal Service Obligation Fund created_**
under the Indian Telegraph Act, 1885 (13 of 1885), shall, from the appointed day, be the “Digital Bharat
Nidhi”, under the control of the Central Government, and shall be used to discharge functions as set forth
in this Act.

(2) Any sums of money attributable to the Digital _Bharat Nidhi that is paid pursuant to an_
authorisation under section 3, shall be credited to the Digital Bharat Nidhi.

(3) The balance to the credit of the Digital _Bharat Nidhi shall not lapse at the end of the financial_
year.

(4) All amounts payable under licences granted prior to the appointed day towards the Universal
Service Obligation, shall be deemed to be the amounts payable towards the Digital Bharat Nidhi.

**25. Crediting of sum to Consolidated Fund of India.—The sums of money received towards the**
Digital Bharat Nidhi under section 24, shall first be credited to the Consolidated Fund of India, and the
Central Government may, if Parliament by appropriation made by law in this behalf so provides, credit
such proceeds to the Digital Bharat Nidhi from time to time for being utilised exclusively to meet any or
all of the following objectives, namely:—

(a) support universal service through promoting access to and delivery of telecommunication
services in underserved rural, remote and urban areas;

(b) support research and development of telecommunication services, technologies, and products;

(c) support pilot projects, consultancy assistance and advisory support towards provision of
service under clause (a) of this section;

(d) support introduction of telecommunication services, technologies, and products.

**26. Administration of Digital Bharat Nidhi.—The Digital Bharat Nidhi shall be administered in a**
manner, as may be prescribed.

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CHAPTER VI

INNOVATION AND TECHNOLOGY DEVELOPMENT

**27. Regulatory sandbox.—The Central Government may, for the purposes of encouraging and**
facilitating innovation and technological development in telecommunication, create one or more
regulatory sandboxes, in such manner, and for such duration, as may be prescribed.

_Explanation.—For the purposes of this section, the expression ““regulatory sandbox”“ refers to a live_
testing environment where new products, services, processes and business models which may be
deployed, on a limited set of users, for a specified period of time, with certain relaxations from the
provisions of this Act.

CHAPTER VII

PROTECTION OF USERS

**28. Measures for users.—(1) For the purposes of this section, “specified message” means any**
message offering, advertising or promoting goods, services, interest in property, business opportunity,
employment opportunity or investment opportunity, whether or not—

(a) the goods, services, interest, or opportunity are real; or

(b) it is lawful to acquire such goods, services, property, interest or take up the opportunity.

(2) The Central Government may by rules provide for measures for protection of users, in consonance
with any regulations notified by the Telecom Regulatory Authority of India from time to time, including
measures such as—

(a) the prior consent of users for receiving certain specified messages or class of specified
messages;

(b) the preparation and maintenance of one or more registers, to be called as “Do Not Disturb”
register, to ensure that users do not receive specified messages or class of specified messages without
prior consent; or

(c) the mechanism to enable users to report any malware or specified messages received in
contravention of this section.

(3) An authorised entity providing telecommunication services shall establish an online mechanism to
enable users to register any grievance pertaining to the telecommunication service, and redressal of such
grievances, in such manner as may be prescribed.

**29. Duty of users.—No user shall—**

(a) furnish any false particulars, suppress any material information, or impersonate another
person, while establishing his identity for availing of telecommunication services; or

(b) fail to share information as required under this Act.

**30. Dispute resolution mechanism to redress user grievances.—(1) The Central Government may**
establish or approve one or more online dispute resolution mechanisms for the resolution of disputes
between users and authorised entities providing telecommunication services.

(2) Every authorised entity providing telecommunication services shall participate in the dispute
resolution mechanism established under sub-section (1), and shall comply with such terms and conditions
of participation in such mechanism as may be prescribed.

(3) This section shall not affect the rights of consumers under the Consumer Protection Act, 2019
(35 of 2019).

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CHAPTER VIII

ADJUDICATION OF CERTAIN CONTRAVENTIONS

**31. Definitions of terms used in this Chapter.—For the purposes of this Chapter,—**

(a) “Adjudicating Officer” means an officer appointed under section 35; and

(b) “Designated Appeals Committee” means the committee appointed under section 36.

**32. Breach of terms and conditions of authorisation or assignment.—(1) In case of breach of any**
of the terms and conditions of authorisation or assignment granted under this Act, the Adjudicating
Officer shall, pursuant to an inquiry under the provisions of this Chapter—

(a) pass an order in writing in respect of one or both of the following, namely: —

(i) direct such authorised entity, or assignee to do or abstain from doing any act or thing to
prevent such breach or for such compliance;

(ii) impose civil penalties as specified in the Second Schedule; and

(b) make recommendations for the consideration of the Central Government regarding
suspension, revocation, or curtailment of the duration of the authorisation or assignment.

(2) The Central Government may, after due consideration of the recommendations of the
Adjudicating Officer under clause (b) of sub-section (1), suspend, curtail or revoke the authorisation or
assignment, as the case may be, which may be reversed if the substantial violation is remedied to the
satisfaction of the Central Government.

(3) While imposing penalties specified in the Second Schedule under this section and section 33, the
Adjudicating Officer shall have due regard to the following factors, namely:—

(a) nature, gravity and duration of the contravention, taking into account the scope of the
contravention;

(b) number of persons affected by such contravention, and the level of harm suffered by them;

(c) intentional or negligent character of the contravention;

(d) repetitive nature of the contravention;

(e) action taken by the concerned person to mitigate the contravention, including by providing a
voluntary undertaking under sub-section (1) or sub-section (2) of section 34;

(f) revenue loss caused to the Central Government;

(g) any aggravating factors relevant to the circumstances of the case, such as the amount of
disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the
contravention; and

(h) any mitigating factors relevant to the circumstances of the case, such as the timely
rectification of the contravention, or steps taken for the avoidance of loss as a result of the
contravention.

**33. Contraventions of Act.—(1) The Adjudicating Officer shall, upon receipt of a complaint in such**
form, manner and accompanied by such fees as may be prescribed, relating to contravention of this Act as
specified in the Third Schedule, or _suo motu, conduct an inquiry under the provisions of this Chapter,_
pass an order in writing specifying the civil penalty up to an amount as specified in the Third Schedule,
payable by the person committing such contravention.

(2) The provisions of the Third Schedule shall apply to the abetment of, or attempt to commit, or
conspiracy to commit such contravention, as they apply to such contravention.

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**34. Voluntary undertaking for contraventions.—(1) Any authorised entity or assignee committing**
the contravention as provided under section 32 or under serial No. 4 of the Third Schedule may, prior to
any notice or initiation of process of determination of such contravention, submit a voluntary undertaking
to the Adjudicating Officer, disclosing such contravention and measures taken or to be taken to mitigate
such contravention.

(2) The acceptance of voluntary undertaking given under sub-section (1), subject to the provisions of
sub-section (6), shall constitute a bar on proceedings under this Chapter.

(3) Where the Adjudicating Officer has reasonable grounds to believe that a contravention as
provided under section 32 or under serial No. 4 of the Third Schedule may have occurred, then it shall
serve a notice to the authorised entity or assignee concerned under the relevant section.

(4) At any time during the process of hearing under sub-section (3), the authorised entity or assignee,
may, submit a voluntary undertaking specifying the mitigation measures it proposes to take in respect of
such contravention.

(5) The acceptance of the voluntary undertaking submitted under sub-section (4), subject to the
provisions of sub-section (6), shall be construed as a mitigation measure and shall be duly considered for
the purpose of determination of civil penalties under clause (a) of sub-section (1) of section 32, or under
serial No. 4 of the Third Schedule.

(6) The voluntary undertaking under sub-section (1) or sub-section (4) of this section, may include an
undertaking to take a specified action within a specified time; an undertaking to refrain from taking a
specified action; and an undertaking to publicise the voluntary undertaking.

(7) The Adjudicating Officer may accept the voluntary undertaking under sub-section (1) or
sub-section (4), or with the agreement of the authorised entity or assignee providing the voluntary
undertaking, vary the terms included in such voluntary undertaking.

(8) When the authorised entity or assignee providing a voluntary undertaking fails to comply with any
terms of such undertaking, the Adjudicating Officer may, after giving such authorised entity or assignee a
reasonable opportunity of being heard, proceed with imposition of civil penalties specified under the
Second Schedule or the Third Schedule, as applicable.

**35. Adjudicating Officer.—(1) For the purposes of this Chapter, the Central Government shall, by**
an order published in the Official Gazette, appoint any officer of the Central Government not below the
rank of Joint Secretary as one or more Adjudicating Officers for holding an inquiry in such manner as
may be prescribed.

(2) The Adjudicating Officer may, upon the holding of such inquiry, pass such order as he deems fit
in accordance with the provisions of section 32 or section 33.

**36. Designated Appeals Committee.—(1) The Central Government may, by an order published in**
the Official Gazette, appoint officers of the Central Government not below the rank of Additional
Secretary, as members of one or more Designated Appeals Committee to which any person aggrieved by
an order made by the Adjudicating Officer under sub-section (1) of section 32 or under section 33, may
prefer an appeal.

(2) Every appeal under sub-section (1) shall be filed within a period of thirty days from the date on
which the copy of the order made by the Adjudicating Officer is received by the aggrieved person, and
shall be in such form, manner and be accompanied by such fees as may be prescribed.

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**37. Process to be followed by Adjudicating Officer and Designated Appeals Committee.—(1)**
The functioning of the Adjudicating Officer and the Designated Appeals Committee shall, as far as
possible, be digital by design and they shall function as digital offices and deploy such techno-legal
measures as may be prescribed, to enable online process for their functioning.

(2) The Adjudicating Officer and Designated Appeals Committee shall have the same powers as a
civil court, and all proceedings before it shall be deemed to be judicial proceedings within the meaning
of section 193 and 228 of the Indian Penal Code (45 of 1860).

**38. Enforcement.—Any order made by the Adjudicating Officer or the Designated Appeals**
Committee shall be executable in the same manner as if it were a decree of civil court; and such orders
shall be deemed to be final decrees under this section on the expiry of the period allowed for preferring an
appeal against such orders as provided in section 36 and section 39.

**39. Appeals on matters relating to section 32.—Any person aggrieved by an order of the**
Designated Appeals Committee under section 36, in so far as it pertains to matters under sub-section (1)
of section 32, or an order of the Central Government under sub-section (2) of section 32, may prefer an
appeal to the Telecom Disputes Settlement and Appellate Tribunal constituted under section 14 of the
Telecom Regulatory Authority of India Act, 1997 (24 of 1997), within a period of thirty days from the
date on which a copy of the order is received by such authorised entity or assignee.

**40. Appeals on matters relating to section 33.—Any person aggrieved by an order of the**
Designated Appeals Committee under section 36, in so far as it pertains to matters under section 33, may
prefer an appeal to any civil court having jurisdiction over the matter.

**41. Jurisdiction of civil court barred.—No civil court shall have jurisdiction in respect of any**
matter which the Adjudicating Officer, the Designated Appeals Committee, the Central Government or
the Telecom Disputes Settlement and Appellate Tribunal are empowered by or under this Chapter to
determine.

CHAPTER IX

OFFENCES

**42. General provisions relating to offences.—(1) Whoever provides telecommunication services or**
establishes telecommunication network without authorisation under sub-section (1) of section 3, or causes
damage to critical telecommunication infrastructure shall be punishable with imprisonment for a term
which may extend to three years, or with fine which may extend up to two crore rupees, or with both.

(2) Whoever directly or indirectly or through personation—

(a) gains or attempts to gain unauthorised access to a telecommunication network or to data of an
authorised entity or transfers data of an authorised entity; or

(b) intercepts a message unlawfully,

shall be punishable with imprisonment for a term which may extend to three years, or with fine which
may extend up to two crore rupees, or with both.

_Explanation.—For the purposes of this sub-section,—_

(i) the expression “personation” sha1ll have the same meaning as assigned to it under section
416 of the Indian Penal Code (45 of 1860);

(ii) data of an authorised entity includes call data records, internet protocol data records, traffic
data, subscriber data records and the like.

(3) Whoever, —

(a) possesses or uses without an authorisation, any equipment that blocks telecommunication;

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(b) uses telecommunication identifiers not allotted or permitted in accordance with
sub-sections (8) and (9) of section 3;

(c) tampers with telecommunication identifiers;

(d) possesses radio equipment without an authorisation or an exemption that can accommodate
more than specified number of subscriber identity modules;

(e) obtains subscriber identity modules or other telecommunication identifiers through fraud,
cheating or personation;

(f) wilfully possesses radio equipment knowing that it uses unauthorised or tampered
telecommunication identifiers,

shall be punishable with imprisonment for a term which may extend to three years, or with fine which
may extend up to fifty lakh rupees, or with both.

(4) Whoever wilfully contravenes any measures specified in the notification on national security
under section 21 shall be punishable with imprisonment for a term which may extend to three years, or
with fine which may extend up to two crore rupees, or with both and the Central Government may, if it
deems fit, also suspend or terminate the telecommunication service of such person.

(5) Whoever causes damage to telecommunication network, other than critical telecommunication
infrastructure shall be liable for compensation for the damage caused and fine which may extend up to
fifty lakh rupees.

(6) Whoever abets any offence, or attempts to commit, or conspires to commit an offence under this
Act, shall if the act abetted or conspired is committed in consequence of such abetment or conspiracy, be
punished with the punishment provided for the offence.

(7) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), all
offences specified under this section shall be cognizable and non-bailable.

(8) No court inferior to that of a Chief Metropolitan Magistrate or a Chief Judicial Magistrate of first
class shall try any offence punishable under this Act.

**43. Power to search.—Any officer authorised by the Central Government in this behalf, may search**
any building, vehicle, vessel, aircraft or place in which he has reason to believe that any unauthorised
telecommunication network or telecommunication equipment or radio equipment in respect of which an
offence punishable under section 42 has been committed, is kept or concealed and take possession
thereof.

**44. Supply of information to authorised officers.—Notwithstanding anything contained in any law**
for the time being in force, where the Central Government is satisfied that any information, document or
record in possession or control of any authorised entity or assignee relating to any telecommunication
service, telecommunication network or use of spectrum, availed by any entity or consumer or subscriber
is necessary to be furnished in relation to any pending or apprehended civil or criminal proceedings, an
officer, specially authorised in writing by the Central Government in this behalf, shall direct such
authorised entity or assignee to furnish such information, document or record to him and the authorised
entity or assignee shall comply with the direction of such officer.

CHAPTER X

MISCELLANEOUS

**45. Creation of security interests.—The Central Government may provide for such security interest**
which an authorised entity may provide to lenders financing such entities on such terms and conditions of
such security interest as may be prescribed.

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**46. Certification of person for operation of radio equipment on a vessel or aircraft.—The**
Central Government may grant certification to any person to operate a radio equipment on such class of
vessels registered under the Merchant Shipping Act, 1958 (44 of 1958), aircrafts registered under the
Aircraft Act, 1934 (22 of 1934) and any other category of vessels or vehicles as may be notified by the
Central Government, in accordance with such terms and conditions, including applicable fees and
charges, as may be prescribed.

**47. Certification for amateur station operator.—The Central Government may by rules provide for**
the manner of certification of person to install and operate an amateur station and such rules may specify
the qualifications and terms and conditions subject to which, a certification for operating an amateur
station may be granted, including through conduct of examinations for granting such certification, the fees
and charges to be paid thereof, and other connected matters.

_Explanation.—For the purposes of this section,_

(a) “amateur services” means radio communication services for the purpose of self-training,
intercommunication and technical investigations carried out by amateurs, that is, by duly
authorised person interested in radio technique solely with a personal aim and without any
pecuniary interest;

(b) “amateur station” means a radio station operated by an amateur for amateur services.

**48. Prohibition of use of equipment which blocks telecommunication.—No person shall possess**
or use any equipment that blocks telecommunication unless permitted by the Central Government, or any
authority authorised for specific purpose by the Central Government.

**49. Penalties not to affect other liabilities.—(1) The penalties imposed pursuant to the provisions**
of Chapter VIII or Chapter IX, shall be in addition to, and not in derogation of, any liability in respect of
payment of compensation or payment of any fees or charges due by an authorised entity or assignee.

(2) The provisions of this Act are in addition to and without prejudice to any other liability which a
person may have incurred under any other law for the time being in force.

**50. Act to apply for offence or contravention committed outside India.—This Act shall apply to**
any offence committed or contravention made outside India by any person if the act or conduct
constituting such offence or contravention involves a telecommunication service provided in India, or
telecommunication equipment or telecommunication network located in India.

**51. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall**
lie against the Central Government, the State Government, or any other authority under this Act or any
person acting on their behalf, as the case may be, for anything which is done in good faith, or intended to
be done in pursuance of this Act or any rule, regulation or order made thereunder.

**52. Consistency with other laws.—(1) The provisions of this Act shall be in addition to, and not be**
construed in derogation of the provisions of any other law, and shall be construed as consistent with such
law, for the time being in force.

(2) If any conflict arises between a provision of this Act and a provision of any other law for the time
being in force in the whole of India or restricted to the application within the territory of any State, the
provision of this Act shall prevail to the extent of such conflict.

**53. Implementation of Act.—The implementation of the Act shall be digital by design and the**
Central Government shall take any such measures as necessary to enable the digital implementation of the
Act.

**54. Employee of authorised entity not to be compelled to appear as witness.—No employee of an**
authorised entity shall, in any legal proceeding to which such authorised entity is not a party, be
compelled to appear as a witness to prove the information contained in any electronic records submitted

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under sub-section (4) of section 65B of the Indian Evidence Act, 1872 (1 of 1872), except as required by
order of the Court or a Judge made for special cause.

**55. Rights in Continental Shelf and Exclusive Economic Zone.—The privilege of the Central**
Government to grant authorisations or assignment under this Act in the Continental Shelf and the
Exclusive Economic Zone of India and the rights of an authorised entity or assignee, as the case may be,
shall be subject to the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other
Maritime Zones Act, 1976 (80 of 1976), and applicable international laws as accepted and ratified by
India.

**56. Power of Central Government to make rules.—(1) The Central Government may, by**
notification, and subject to the condition of previous publication, make rules not inconsistent with the
provisions of this Act, to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—

(a) the terms and conditions, including fees or charges for obtaining authorisation under
sub-section (1) of section 3;

(b) the manner of exemption for providing authorisation under sub-section (3) of section 3;

(c) the terms and conditions, including fees and charges, applicable to the original authorised
entity that emerges pursuant to any merger, demerger, acquisition, or other forms of restructuring,
under sub-section (5) of section 3;

(d) the terms and conditions for migration under sub-section (6) of section 3;

(e) the verifiable biometric based identification to be used by an authorised entity of
telecommunication services under sub-section (7) of section 3;

(f) the terms and conditions, including fees or charges for allotment of telecommunication
identifiers for use by authorised entities under sub-section (8) of section 3;

(g) the terms and conditions for the assignment of spectrum, including the frequency range,
methodology for pricing, price, fees and charges, payment mechanism, duration and procedure under
sub-section (3) of section 4;

(h) the manner of exemptions for assignment of spectrum under sub-section (7) of section 4;

(i) the terms and conditions for re-farming and harmonisation under section 5;

(j) the terms and conditions, including applicable fees and charges, and any other relevant
condition subject to which the utilisation of the spectrum in a flexible, liberalised and technologically
neutral manner under section 6;

(k) the terms and conditions for optimal utilisation of spectrum under sub-section (1) of section 7;

(l) the period of unutilised spectrum for insufficient reasons and further terms and conditions
relating to spectrum utilisation under sub-section (2) of section 7;

(m) the terms and conditions, including applicable fees or charges for sharing, trading, leasing
and surrender of assigned spectrum, under sub-section (2) of section 8;

(n) ) the timeline for granting permission for right of way for telecommunication network in
public property; and the amount for administrative expenses and compensation for right of way under
sub-section (3) of section 11;

(o) the procedure to be followed by a facility provider to enter, survey, establish, operate,
maintain, repair, replace or relocate the telecommunication network, including the notice period, the

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manner of issuance of notice, the framework governing objections by owner or occupier of the
property, the manner in which such objections would be resolved, and matters relating to the
compensation payable for any damage under sub-section (5) of section 12;

(p) the terms and conditions, including charges for right of way, and compensation for damage to
the property, under sub-section (6) of section 12;

(q) the terms and conditions, including fees and charges subject to which the telecommunication
network to be made available on open access basis to facility providers under sub-section (2) of
section 15;

(r) the procedure and manner for giving prior notice under sub-section (1) of section 17;

(s) the timeline for responding the notice with details of telecommunication network and
precautionary measures to be undertaken by the facility provider under sub-section (2) of section 17;

(t) the procedure and safeguards for public emergency or public safety under sub-section (2) of
section 20;

(u) the duration and manner of taking action for public emergency or public safety under
sub-section (4) of section 20;

(v) the measures to protect and ensure cyber security of, telecommunication networks and
telecommunication services under sub-section (1) of section 22;

(w) the standards, security practices, upgradation requirements and procedures to be implemented
for the Critical Telecommunication Infrastructure under sub-section (4) of section 22;

(x) the manner for administration of Digital Bharat Nidhi under section 26;

(y) the manner and duration for creating Regulatory Sandbox under section 27;

(z) the measures for protection of users under sub-section (2) of section 28;

(za) the manner for registration of any grievance and redressal of such grievances pertaining to
the telecommunication service under sub-section (3) of section 28;

(zb) the terms and conditions for participating in the dispute resolution mechanism under
sub-section (2) of section 30;

(zc) the form, manner and fees to be accompanied with the complaint under sub-section (1) of
section 33;

(zd) the manner for holding inquiry by the Adjudicating Officer under sub-section (1) of section
35;

(ze) the form, manner and fees for filing an appeal before the Designated Appeals Committee
under sub-section (2) of section 36;

(zf) the techno-legal measures for functioning of the Adjudicating Officer and the Designated
Appeals Committee under sub-section (1) of section 37;

(zg) the terms and conditions of security interest under section 45;

(zh) the terms and conditions, including applicable fees and charges for granting certificates under
section 46;

(zi) the manner of certification, qualification, and terms and conditions, including fees and
charges for the examination for amateur station operator under section 47;

(zj) any other matter which is to be, or may be, prescribed, or in respect of which provision is to
be made by rules.

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(3) Every rule made under this Act and amendment to the Schedule made under section 57 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 amendment to the Schedule or both Houses
agree that the rule or amendment to the Schedule should not be made, the rule or amendment to the
Schedule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so,
however, any such modification or annulment shall be without prejudice to the validity of anything
previously done under that rule or amendment to the Schedule.

**57. Power of Central Government to amend Schedules.—(1) Subject to the provisions of this**
section, the Central Government may, by notification, —

(a) amend the First Schedule;

(b) amend the Second Schedule or the Third Schedule:

Provided that penalty or civil penalty specified in such Schedules shall be not exceeding ten crore
rupees.

(2) Any amendment made under sub-section (1) shall have effect as if enacted in this Act and shall
come into force on the date of the notification, unless the notification otherwise directs.

**58.** **Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of**
this Act, the Central Government may, by order published in the Official Gazette, make such provisions,
not inconsistent with the provisions of this Act, as may be necessary or expedient, for removing the
difficulty:

Provided that no order shall be made under this section after the expiration of three years from the
date of commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each
# House of Parliament.

**59. Amendment to Act 24 of 1997.—In the Telecom Regulatory Authority of India Act, 1997, —**

(a) in section 2, —

(i) in sub-section (1),—

(A) for clause (e), the following clause shall be substituted, namely:—

‘(e) “licensee” means an authorised entity providing telecommunication services
under the Telecommunications Act, 2023, or registered for providing cable television
network under the Cable Television Networks (Regulation) Act, 1995 (7 of 1995) or any
other Act for the time being in force;';

(B) for clause (ea), the following clause shall be substituted, namely:—

‘(ea) “licensor” means the Central Government which grants an authorisation for
telecommunication services under the Telecommunications Act, 2023, or registration
under the Cable Television Networks (Regulation) Act, 1995 (7 of 1995) or any other
Act for the time being in force;';

(C) after clause (j), the following clause shall be inserted, namely: —

‘(ja) “telecommunication” shall have the meaning as assigned to it in the
Telecommunications Act, 2023;’;

(D) for clause (k), the following clause shall be substituted, namely:—

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‘(k) “telecommunication services” means any service for telecommunication;’;

(ii) in sub-section (2), for the words and figures “the Indian Telegraph Act, 1885 (13 of 1885)
or the Indian Wireless Telegraphy Act, 1933 (17 of 1933)”, the words, figures and brackets “the
Telecommunications Act, 2023 or the Cable Television Networks (Regulation) Act, 1995 (7 of
1995)” shall be substituted;

(b) in section 4, for the proviso, the following provisos shall be substituted, namely:—

“Provided that a person who is, or has been, in the service of Government shall not be
appointed—

(a) as a Chairperson unless such person has held the post of Secretary to the Government
of India or any equivalent post in the Central Government or the State Government; or

(b) as a member unless such person has held the post of Additional Secretary to the
Government of India or any equivalent post in the Central Government or the State
Government:

Provided further that a person who is, or has been, in a service other than that of Government,
shall be appointed—

(a) as a Chairperson if such person has at least thirty years of professional experience and
has served as a member of the board of directors or a chief executive of a company in the
areas as specified in this section; or

(b) as a Member if such person has at least twenty-five years of professional experience
and has served as a member of the board of directors or chief executive of a company in the
areas as specified in this section.”;

(c) in section 11,—

(i) in sub-section (1), —

(A) for the words and figures “Indian Telegraph Act, 1885 (13 of 1885)”, the words,
figures and brackets “Telecommunications Act, 2023 or the Cable Television Networks
(Regulation) Act, 1995 (7 of 1995)” shall be substituted;

(B) in the fifth proviso, for the portion beginning with the words “may, within fifteen
days from the date of receipt” and ending with the words “take a final decision”, the
following shall be substituted, namely:—

“shall, within thirty days from the date of receipt of such reference communicate to the
Central Government any further recommendations that it may have, after considering the
reference made by the Central Government and after receipt of further recommendation if
any, the Central Government shall take a final decision.”;
(ii) in sub-section (2),—

(A) for the words and figures “Indian Telegraph Act, 1885 (13 of 1885)”, the words, figures
and brackets “Telecommunications Act, 2023 or the Cable Television Networks (Regulation)
Act, 1995 (7 of 1995)” shall be substituted;

(B) after the proviso, the following proviso shall be inserted, namely:—

“Provided further that the Authority may direct an authorised entity or class of authorised
entities providing telecommunication services, to abstain from predatory pricing that is
harmful to competition, long term development and the overall health of the
telecommunication sector.”;

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(d) in section 14, in clause (a),—

(i) sub-clause (i) shall be omitted;

(ii) for paragraph (C), the following shall be substituted, namely:—

“(C) any disputes to be adjudicated by the Adjudicating Officer or the Designated
Appeals Committee under the Telecommunications Act, 2023;

(iii) after clause (c), the following clause shall be inserted, namely:—

“(d) hear and dispose of appeals under section 39 of the Telecommunications Act, 2023.

Any action instituted under the Telecom Regulatory Authority of India Act, 1997
(24 of 1997) and pending immediately before the appointed day in the Telecom Disputes
Settlement and Appellate Tribunal, shall continue to be heard and disposed of by the Telecom
Disputes Settlement and Appellate Tribunal as if this Act had not been passed;”;

(e) for section 38, the following section shall be substituted, namely:—

“38. Application of certain laws.—The provisions of this Act shall be in addition to the
provisions of the Telecommunications Act, 2023 and, in particular, nothing in this Act shall affect
any jurisdiction, powers and functions required to be exercised or performed by the appropriate
authority in relation to any area falling within the jurisdiction of such authority.”.

CHAPTER XI

REPEAL AND SAVINGS

**60. Repeal of certain Acts and savings.—(1) Subject to the other provisions of this section, the**
enactments namely, the Indian Telegraph Act, 1885 (13 of 1885), and the Indian Wireless Telegraphy
Act, 1933 (17 of 1933), are hereby repealed.

(2) Notwithstanding the repeal of the provisions aforesaid, anything done or any action taken
including any grant of license, registration or assignment, any order, or proceeding, pending or ongoing,
under the repealed provisions shall be deemed to have been done or taken under this Act, and the
provisions of this Act shall have effect in relation thereto.

(3) The provisions of Part-III of the Indian Telegraph Act, 1885 (13 of 1885) shall continue to apply
to all cases pertaining to laying down of transmission lines under section 164 of the Electricity Act, 2003
(36 of 2003) as if the Indian Telegraph Act, 1885 has not been repealed, and the provisions of Part-III of
the Indian Telegraph Act, 1885 shall continue in force with reference to section 164 of the Electricity Act,
2003 till such time as section 164 of the Electricity Act, 2003 is amended.

**61. Existing rules to continue.—All rules, orders, made or purported to have been made under the**
Indian Telegraph Act, 1885 (13 of 1885) or under the Indian Wireless Telegraphy Act, 1933 (17 of 1933),
shall, in so far as they relate to matters for which provision is made in this Act and are not inconsistent
therewith, be deemed to have been made under this Act as if this Act had been in force on the date on
which such rules, orders were made, and shall continue in force unless and until they are superseded by
any rules made under this Act.

**62. Validation of certain acts and indemnity.—All acts of executive actions done, decisions taken,**
actions done, proceedings taken and orders passed, prior to the appointed day, by the Central
Government, by any officer of the Central Government, or by any other authority, with respect to
assignment of spectrum or provision of telecommunication services, or telecommunication network or
establishment of telecommunication infrastructure, in the belief or purported belief that the acts done,
decisions taken, actions done, and proceedings taken, were being done, taken or passed under the Indian
Telegraph Act, 1885 (13 of 1885), or the Indian Wireless Telegraphy Act, 1933 (17 of 1933), shall be as
valid and operative as if they had been done, taken or passed in accordance with law; and no suit or other

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legal proceeding shall be maintained or continued against any person whatsoever, on the ground that any
such acts, decisions, proceedings taken were not done or taken in accordance with law

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THE FIRST SCHEDULE

[See sections 4 (4), (5) and 57(1)]

ASSIGNMENT OF SPECTRUM THROUGH ADMINISTRATIVE PROCESS

1. National security and defence.

2. Law enforcement and crime prevention.

3. Public broadcasting services.

4. Disaster management, safeguarding life and property.

5. Promoting scientific research, resource development, and exploration.

6. Safety and operation of roads, railways, metro, regional rail, inland waterways, airports, ports,
pipelines, shipping, and other transport systems.

7. Conservation of natural resources and wildlife.

8. Meteorological department and weather forecasting.

9. Internationally recognised dedicated bands for amateur stations, navigation, telemetry, and other
like usages.

10. Use by Central Government, State Governments, or their entities or other authorised entities for
safety and operations of mines, ports and oil exploration and such other activities where the use
of spectrum is primarily for supporting the safety and operations.

11. Public Mobile Radio Trunking Services.

12. Radio backhaul for telecommunication services.

_Explanation.—The term "radio backhaul" shall mean the use of radio frequency only to_
_interconnect telecommunication equipment, other than the customer equipment in telecommunication_
_networks._

13. Community Radio Stations.

14. In-flight and maritime connectivity.

15. Space research and application, launch vehicle operations and ground station for satellite control.

16. Certain satellite-based services such as: Teleports, Television channels, Direct To Home,
Headend In The Sky, Digital Satellite News Gathering, Very Small Aperture Terminal, Global
Mobile Personal Communication by Satellites, National Long Distance, International Long
Distance, Mobile Satellite Service in L and S bands.

17. Use by Central Government, State Governments or their authorised agencies for
telecommunication services.

18. Bharat Sanchar Nigam Limited (BSNL) and Mahanagar Telephone Nigam Limited (MTNL).

19. Testing, trial, experimental, demonstration purposes for enabling implementation of new
technologies, including for creation of one or more Regulatory Sandboxes.

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THE SECOND SCHEDULE

[See sections 32(1) (a) and 34 (8)]

CIVIL PENALTIES FOR BREACH OF TERMS AND CONDITIONS UNDER SECTIONS 32 AND 34.

**Categorisation** **Civil Penalty**

Severe Up to Rs. 5 Crore

Major Up to Rs. 1 Crore

Moderate Up to Rs. 10 lakh

Minor Up to Rs. 1 lakh

Non-severe Written warning.

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THE THIRD SCHEDULE

[See sections 33(1), (2), 34(1), (3), (5) and 34(8)]

CIVIL PENALTIES FOR CERTAIN CONTRAVENTIONS

**Sl. No.** **Contravention under the Act** **Civil Penalty**


1. (a) Possessing radio equipment without an authorisation or
an exemption, except for the offence under clauses (d) and
(f) of sub-section (3) of section 42;


First Offence: Civil penalty up to
fifty thousand rupees.


(b) Use of subscriber identity modules in excess of number Each subsequent offence: Civil
notified. penalty up to two lakh rupees for
each such instance.


2. Use by any person or entity of a telecommunication service
or telecommunication network knowing or having reason
to believe that such telecommunication service or
telecommunication network does not have the required
authorisation under this Act


Civil penalty up to ten lakh
rupees.


3. Contravention of the provisions of section 28 (Measures First Offence: Civil penalty up to
for protection of users). fifty thousand rupees.

Each subsequent offence:
Civil penalty up to two lakh
rupees for each such instance, or
suspension of telecommunication
service, or a combination thereof


4. Contravention of any provision of this Act or rules, or any
terms or conditions of an assignment or authorisation in
relation to any matter under this Act, for which no penalty
or punishment is provided elsewhere in this Act.

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First Offence: Civil penalty up to
twenty-five thousand rupees.

Second or subsequent offence:
Further Civil penalty up to fifty
thousand rupees for every day
after the first during which the
contravention continues.


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