Section 16 in The Cable Television Networks (Regulation) Act, 1995

Title: Punishment for contravention of provisions of this Act

Description: 1[(1)] Whoever contravenes any of the provisions of this Act shall be punishable,-- (a) for the first offence, with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees or with both; (b) for every subsequent offence, with imprisonment for a term which may extend to five years and with fine which may extend to five thousand rupees. 2[(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the contravention of section 4A shall be a cognizable offence under this section.] 1 Section 16 numbered as sub-section (1) thereof by Act 2 of 2003, s. 5 (w.e.f. 31-12-2002). 2 Ins. by s. 5, ibid. (w.e.f. 31-12-2002).

Title: Offences by companies

Description: (1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.--For the purposes of this section,-- (a) "company" means any body corporate and includes a firm or other association of individuals; and (b) "director" in relation to a firm means a partner in the firm.

Title: Cognizance of offences

Description: No court shall take cognizance of any offence punishable under this Act except upon a complaint in writing made 1[by anyauthorised officer]. 1. Subs. by Act 36 of 2000, s. 7, for certain words (w.e.f. 1-9-2000).

Title: Power to prohibit transmission of certain programmes in public interest

Description: Where 1[any authorised officer], thinks it necessary or expedient so to do in the public interest, he may, by order, prohibit any cable operator from transmitting or re-transmitting 2[any programme or channel if, it is not in conformity with the prescribed programme code referred to in section 5 and advertisement code referred to in section 6 or if it is]likely to promote, on grounds of religion, race, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, linguistic or regional groups or castes or communities or which is likely to disturb the public tranquillity. 1 Subs. by s. 8, ibid., for certain words (w.e.f. 1-9-2000). 2 Subs. by s. 8, ibid., for "any particular programme if it is" (w.e.f. 1-9-2000).

Title: Power to prohibit operation of cable television network in public interest

Description: 1[(1)] Where the Central Government thinks it necessary or expedient so to do in public interest, it may prohibit the operation of any cable television network in such areas as it may, by notification in the Official Gazette, specify in this behalf. 2[(2) Where the Central Government thinks it necessary or expedient so to do in the interest of the— (i) sovereignty or integrity of India; or (ii) security of India; or (iii) friendly relations of India with any foreign State; or (iv) public order, decency or morality, it may, by order, regulate or prohibit the transmission or re-transmission of any channel or programme. (3) Where the Central Government considers that any programme of any channel is not inconformity with the prescribed programme code referred to in section 5 or the prescribed advertisement code referred to in section 6, it may by order, regulate or prohibit the transmission or re-transmission of such programme]. 1 Section 20 renumbered as sub-section (1) thereof by s. 9, ibid. (w.e.f. 1-9-2000). 2 Ins. by s. 9, ibid. (w.e.f. 1-9-2000).