The Telecom Regulatory Authority of India Act, 1997 · VI — MISCELLANEOUS

Section 2. Earlier, it was proposed to set up an independent Telecom Regulatory Authority as a non-statutory bo

In force · As amended up to 2026-08

2. Earlier, it was proposed to set up an independent Telecom Regulatory Authority as a non-statutory body and for that purpose the Indian Telegraph (Amendment) Bill, 1995 was introduced and then passed by the Lok Sabha on 6th August, 1995. At the time of consideration of the aforesaid Bill in the Rajya Sabha, the Members of that House expressed a view that the steps should be taken to set up a statutory authority. Similar views were also expressed by the Standing Committee on Communications. To achieve the aforesaid object, a comprehensive Bill, namely, the Telecom Regulatory Authority of India, 1995 was prepared and notice for introduction was sent to the Lok Sabha but the same could not be introduced. Subsequently, on 27th January, 1996 the Telecom Regulatory Authority of India Ordinance, 1996 (Ord. 10 of 1996) was promulgated with a view to confer statutory status on the Telecom Regulatory Authority. A Bill to replace the said Ordinance was introduced in the Lok Sabha on 27th February, 1996. The same could not come up for consideration and passing in the 16th session of the Lok Sabha. Consequently, the Telecom Regulatory Authority of India (Second) Ordinance. 1996 was promulgated on 27th March, 1996. Again the telecom Regulatory Authority of India (Second) Ordinance, 1996 (20 of 1996) lapsed on 4th hay, 1996. Later on, the Telecom Regulatory Authority of India Bill, 1996 was introduced on 23rd July, 1996. This Bill was referred to the Standing Committee on Communications and report of the Standing Committee was tabled in both the Houses of Parliament in November, 1996. 2. Definitions .—(1) In this Act, unless the context otherwise requires,— (a) "appointed day" means the date with effect from which the Authority is established under sub-section (1) of section 3; 2 [(aa) "Appellate Tribunal" means the Telecom Disputes Settlement and Appellate Tribunal established under section 14;] (b) "Authority" means the Telecom Regulatory Authority of India established under sub-section (1) of section 3; (c) "Chairperson" means the Chairperson of the Authority appointed under sub-section (3) of section 3; (d) "Fund" means the Fund constituted under sub-section (1) of section 22; (e) "licensee" means any person licensed under sub-section (1) of section 4 of the Indian Telegraph Act, 1885 (13 of 1885) for providing specified public telecommunication services; 2 [(ea) "licensor" means the Central Government or the telegraph authority who grants a licence under section 4 of the Indian Telegraph Act, 1885 (13 of 1885);] (f) "member" means a member of the Authority appointed under sub-section (3) of section 3 and includes the Chairperson and the Vice-Chairperson; (g) "notification" means a notification published in the Official Gazette; (h) "prescribed" means prescribed by rules made under this Act; (i) "regulations" means regulations made by the Authority under this Act; (j) "service provider" means the[3] [Government as a service provider] 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 intelligence of any nature, by wire, radio, visual or other electro-magnetic means but shall not include broadcasting services. 1. Subs. by Act 2 of 2000, s. 2, for "Telecom Regulatory Authority of India to regulate the telecommunication services," (w.e.f. 24-1-2000). 2. Ins. by s. 3, ibid. (w.e.f. 24-1-2000). 3. Subs. by s. 3, ibid., for "Government" (w.e.f. 24-1-2000). 1[Provided that the Central Government may notify other service to be telecommunication service including broadcasting services.] (2) Words and expressions used and not defined in this Act but defined in the Indian Telegraph Act, 1885 (13 of 1885) or the Indian Wireless Telegraphy Act, 1933 (17 of 1933), shall have the meanings respectively assigned to them in those Acts. (3) Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir* shall in relation to that State be construed as a reference to the corresponding law, if any, in that State.

Source: India Code

How this section changed

  1. substituted by Act 2 of 2000, s. 2

    In force from 24 Jan 2000

    Earlier wording: “Telecom Regulatory Authority of India to regulate the telecommunication services,”

    Footnote: 1. Subs. by Act 2 of 2000, s. 2, for "Telecom Regulatory Authority of India to regulate the telecommunication services," (w.e.f. 24-1-2000).

  2. substituted by Act 2 of 2000, s. 3

    In force from 24 Jan 2000

    Earlier wording: “Government”

    Footnote: 3. Subs. by s. 3, ibid., for "Government" (w.e.f. 24-1-2000).