Section 35 in The Telecom Regulatory Authority of India Act, 1997

Title: Power to make rules

Description: (1) The Central Government may, by notification, make rules for carrying 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 salary and allowances payable to and the other conditions of service of the Chairperson and members under sub-section (5) of section 5; 1[(aa) the allowances payable to the part-time members under sub-section (6A) of section 5;] (b) the powers and functions of the Chairperson under sub-section (1) of section 6; (c) the procedure for conducting an inquiry made under sub-section (2) of section 7; 2[(ca) the salary and allowances and other conditions of service of officers and other employees of the Authority under sub-section (2) of section 10;] (d) the category of books of account or other documents which are required to be maintained under sub-section (3) of section 12; 2[(da) the form, the manner of its verification and the fee under sub-section (3) of section 14A; (db) the salary and allowances payable to and other terms and conditions of service of the Chairperson and other Members of the Appellate Tribunal under section 14E; (dc) the salary and allowances and other conditions of service of the officers and employees of the Appellate Tribunal under sub-section (3) of section 14H; (dd) any other power of a civil court required to be prescribed under clause (i) of sub-section (2) of section 16;] (e) the period within which an application is to be made under sub-section (1) of section 15; (f) the manner in which the accounts of the Authority shall be maintained under sub-section (1) of section 23; (g) the time within which and the form and manner in which returns and report are to be made to the Central Government under sub-sections (1) and (2) of section 24; (h) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules. 1. Ins. by Act 2 of 2000, s. 13 (w.e.f. 24-1-2000). 2. Ins. by Act 2 of 2000, s. 13 (w.e.f. 24-1-2000).

Title: Power to make regulations

Description: (1) The Authority may, by notification, make regulations consistent with this Act and the rules made thereunder to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-- (a) the times and places of meetings of the Authority and the procedure to be followed at such meetings under sub-section (1) of section 8, including quorum necessary for the transaction of business; (b) the transaction of business at the meetings of the Authority under sub-section (4) of section 8; 1* * * * * (d) matters in respect of which register is to be maintained by the Authority 2[under sub-clause (vii) of clause (b)] of sub-section (1) of section 11; (e) levy of fee and lay down such other requirements on fulfilment of which a copy of register may be obtained 3[under sub-clause (viii) of clause (b)] of sub-section (1) of section 11; (f) levy of fees and other charges 4[under clause (c)] of sub-section (1) of section 11; 1.. Cl. (c) omitted by s. 14, ibid. (w.e.f. 24-1-2000). 2. Subs. by s. 14, ibid., for under clause (l) (w.e.f. 24-1-2000). 3. Subs. by s. 14, ibid., for under clause (m) (w.e.f. 24-1-2000). 4. Subs. by s. 14, ibid., for under clause (p) (w.e.f. 24-1-2000).

Title: Rules and regulations to be laid before Parliament

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

Title: Application of certain laws

Description: The provisions of this Act shall be in addition to the provisions of the Indian Telegraph Act, 1885 (13 of 1885) and the Indian Wireless Telegraphy Act, 1933 (17 of 1933) and, in particular, nothing in this Act shall affect any jurisdiction, powers and functions required to be exercised or performed by the Telegraph Authority in relation to any area falling within the jurisdiction of such Authority.

Title: Power to remove difficulties

Description: (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 appear to be necessary for removing the difficulty: Provided that no order shall be made under this section after the expiry of two 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.

CHAPTER 6 MISCELLANEOUS