Section 46 in The Airports Authority of India Act, 1994

Title: Repeal and saving

Description: (1) On and from the appointed date,-- (i) the International Airports Authority Act, 1971 (43 of 1971) and the National Airports Authority Act, 1985 (64 of 1985) shall stand repealed; (ii) the International Airports Authority and the National Airports Authority constituted under the aforesaid Acts shall cease to exist. (2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under the aforesaid Acts so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act.

Title: Short title, extent and commencement

Description: (1) This Act may be called the Cable Television Networks (Regulation) Act, 1995. (2) It extends to the whole of India. (3) It shall be deemed to have come into force on the 29th day of September, 1994.

Title: Definitions

Description: In this Act, unless the context otherwise requires,-- 1[(a) "authorised officer" means, within his local limits of jurisdiction,-- (i) a District Magistrate, or (ii) a Sub-divisional Magistrate, or (iii) a Commissioner of Police, and includes any other officer notified in the Official Gazette, by the Central Government or the State Government, to be an authorised officer for such local limits of jurisdiction as may be determined by that Government;] 2[(ai) "Authority" means the Telecom Regulatory Authority of India established under sub-section (1) of section 3 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997); (aii) "Broadcaster" means a person or a group of persons, or body corporate, or any organisation or body providing programming services and includes his or its authorised distribution agencies; (aiii) "cable operator" means any person who provides cable service through a cable television network or otherwise controls or is responsible for the management and operation of a cable television network and fulfils the prescribed eligibility criteria and conditions;] (b) "cable service" means the transmission by cables of programmes including re-transmission by cables of any broadcast television signals; (c) "cable television network" means any system consisting of a set of closed transmission paths and associated signal generation, control and distribution equipment, designed to provide cable service for reception by multiple subscribers; (d) "company" means a company as defined in section 3 of the Companies Act, 1956 (1 of 1956); (e) "person" means— (i) an individual who is a citizen of India; (ii) an association of individuals or body of individuals, whether incorporated or not, whose members are citizens of India; 3[(iii) a company as defined in section 3 of the Companies Act, 1956 (1 of 1956);] 4[(ei) "post" means a post and includes a pole, tower, standard, stay, strut, cabinet, pillar or any above ground contrivance for carrying, suspending or supporting any network infrastructure facility;] (f) "prescribed" means prescribed by rules made under this Act; (g) "programme" means any television broadcast and includes— (i) exhibition of films, features, dramas, advertisements and serials 5***; (ii) any audio or visual or audio-visual live performance or presentation, and the expression programming service shall be construed accordingly; 4[(gi) "public authority" means any authority, body or institution of local self-government constituted or established by or under— (i) the Constitution of India; (ii) any law made by Parliament; (iii) any law made by a State Legislature; (iv) any notification issued or order made by the appropriate Government, and includes any— (v) body owned, controlled or substantially financed; or (vi) non-governmental organisation substantially financed, directly or indirectly by funds provided by the appropriate Government;] (h) "registering authority" means such authority as the Central Government may, by notification in the Official Gazette, specify to perform the functions of the registering authority under this Act 4[within such local limits of jurisdiction as may be determined by that Government]; (i) "subscriber" means 6[any individual, or association of individuals, or a company, or any other organisation or body]who receives the signals of cable television network at a place 7[indicated by him or it] to the cable operator, without further transmitting it to any other person. 1. Ins. by Act 36 of 2000, s. 2 (w.e.f. 1-9-2000). 2. Subs. by Act 21 of 2011, s. 2, for clause (aa) (w.e.f. 25-10-2011). 3. Subs. by Act 21 of 2011, s. 2, for sub-clause (iii) (w.e.f. 25-10-2011). 4. Ins. by s. 2, ibid. (w.e.f. 25-10-2011). 5. The words "through video cassette recorders or video cassette players" omitted by s. 2, ibid. (w.e.f. 25-10-2011). 6. Subs. by s. 2, ibid., for "a person" (w.e.f. 25-10-2011). 7. Subs. by s. 2, ibid., for "indicated by him" (w.e.f. 25-10-2011).

Title: Cable television network not to be operated except after registration

Description: No person shall operate a cable television network unless he is registered as a cable operator under this Act. 1 * * * * * 1. The proviso omitted by s. 3, ibid. (w.e.f. 25-10-2011).

Title: Registration as cable operator

Description: 1[4. Registration as cable operator.--(1) Any person who is desirous of operating or is operating a cable television network may apply for registration or renewal of registration, as a cable operator to the registering authority. (2) The cable operator shall fulfil such eligibility criteria and conditions as may be prescribed and different eligibility criteria may be prescribed for different categories of cable operators. (3) On and from the date of issue of notification under section 4A, no new registration in a State, city, town or area notified under that section shall be granted to any cable operator who does not undertake to transmit or re-transmit channels in an encrypted form through a digital addressable system. (4) An application under sub-section (1) shall be made in such form and be accompanied by such documents and fees as may be prescribed. (5) On receipt of the application, the registering authority shall satisfy itself that the applicant has furnished all the required information prescribed under sub-section (4) and on being so satisfied, register the applicant as a cable operator and grant him a certificate of registration or renew its registration, as the case may be, subject to such terms and conditions as may be prescribed under sub-section (6): Provided that the registering authority may, if it is satisfied that the applicant does not fulfil the eligibility criteria and conditions prescribed under sub-section (2) or the application is not accompanied by necessary documents or fees as prescribed under sub-section (4), and for reasons to be recorded in writing, by order, refuse to grant its registration or renewal, as the case may be, and communicate the same to the applicant: Provided further that the applicant may prefer an appeal against the order of the registering authority refusing grant or renewal of registration to the Central Government. (6) Without prejudice to the compliance of eligibility criteria for registration of cable operators, the Central Government may prescribe, having regard to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, foreign relation or contempt of court, defamation or incitement to an offence, such terms and conditions of registration including additional criteria or conditions to be fulfilled by the cable operator. (7) The Central Government may suspend or revoke the registration granted under sub-section (5) if the cable operator violates one or more of the terms and conditions of such registration: Provided that no such order of suspension or revocation shall be made without giving reasonable opportunity of being heard to the cable operator.] 1 Subs. by s. 4, ibid.,for section 4 (w.e.f. 25-10-2011).

CHAPTER 6 MISCELLANEOUS