TRAI constitutes of a chairperson and less than two, full time and part-time members. The chairperson and the members of TRAI are appointed by the Central Government and the duration for which they can hold their office is three years or until they attain the age of 65 years, whichever is earlier. The persons who are appointed should have special knowledge and prior experience in the field of telecommunication, industry, finance, accountancy, law, management or consumer affairs.
If someone, who has been in the service of the Government prior to appointment then he should have served the Government in the capacity of a Secretary or Additional Secretary for a period more than three years. Section 8 deals with procedure to be followed with respect to meetings of TRAI. All questions before TRAI will be decided by a majority vote of the members, present and voting. The person who is presiding the meeting will entitled to a second or casting vote.
Currently the officers and employees of TRAI are divided into nine divisions. The divisions are:. The function mentioned under the provision has an overriding effect on any provision of the Indian Telegraph Act, However, the Central Government has to mandatorily ask for recommendations from TRAI with respect to need and timing of new service provider and terms and conditions of the licence to be granted to the service provider. TRAI has the obligation to forward the recommendation to the Central Government within 60 days from the date of the request for recommendation.
TRAI may also request for relevant information or documents from the Central Government to make such recommendations and the Central Government has to furnish such information within seven days from the date of the request. The Central Government can issue licence to the service provider, if TRAI fails to give any recommendation within the stipulated period.
TRAI may reply within a period of 15 days from the date of reference. TRAI also has the power to notify in the official gazette the rates at which telecommunication services are being provided in and outside India. TRAI shall ensure transparency while exercising its powers and discharging its functions. TRAI under section 12 has the power to call for information and conduct investigation.
It also has got powers to issue directions under section It is the sole dispute resolution body in the communication sector. It can adjudicate upon any dispute between:. However, the Tribunal does not have any jurisdiction to try any matter which deals with anti-competitive trade practices or any consumer complaint.
The Tribunal consists of a chairperson and two other members, appointed by the Central Government. Selection of chairperson and the two members is done in consultation with Chief Justice of India. The minimum qualification for a Chairperson is that he is or has been a judge of the Supreme Court or a Chief Justice of a High Court and the minimum qualification for a member is that he should have been at the post of a secretary to the Central Government or at any equivalent post in the Central Government.
A person can also be qualified as a member of the Tribunal if he has held the position of Secretary under the State Government for a period more than two years and has knowledge and experience in technology, telecommunication, industry, commerce or administration. The Chairperson can hold office till he attains the age of 75 or completes three years, whichever is earlier.
The members of the Tribunal can hold office till they attain the age of 65 years or complete three years, whichever is earlier. The Civil Procedure Code, which lays down the procedure of the conventional courts is not applicable to the Tribunal.
However, in the circumstance where the Tribunal has passed an order with the consent of the parties to the dispute, no appeal can be made to any court or tribunal. Within five years of its creation the Tribunal has already decided cases consisting of complex questions of law. Telecom Regulatory Authority of India Act, March, ]. An Act to provide for the establishment of the [Telecom Regulatory Authority of India and the Telecom Disputes Settlement and Appellate Tribunal to regulate the telecommunication services, adjudicate disputes, dispose of appeals and to protect the interests of service providers and consumers of the telecom sector, to promote and ensure orderly growth of the telecom sector,] and for matters connected therewith or incidental thereto.
Comment: This Act seeks to inter-alia provide for the establishment of the Telecom Regulatory Authority of India and the Telecom Disputes Settlement and Appellate Tribunal to regulate the telecommunication services, adjudicate disputes, dispose of appeals and to protect the interests of service providers and consumers of the telecom sector, to promote and ensure orderly growth of the telecom sector. Be it enacted by Parliament in the Forty-eighth Year of the Republic of as follows Follow SCJudgments.
Login : Advocate Client. Short title, extent and commencement. Establishment and incorporation of Authority. Qualifications for appointment of Chairperson and other members.
Term of office, conditions of service, etc. Powers of Chairperson and Vice-Chairperson. Removal and suspension of member from office in certain circumstances. Vacancies, etc. Officers and other employees of Authority. Functions of Authority. Powers of Authority to call for information, conduct investigations, etc. Power of Authority to issue directions. Download Strengthening of Regulators With the entry of private sector in the provision of telecommunication services a need was felt to have an independent regulatory body.
Justice Retd. Shiva Kirti Singh Chairperson Shri Subodh Kumar Gupta Member Vacant Member Broadly, the issues involved in cases filed before the Appellate Tribunal relate to interconnection, challenging the basis of computation of license fee by the licensor, wrongful levy and charge of royalty and license fee for frequency allocation, blocking of calls by one group of service providers, disputes relating to default traffic, challenges to tariff fixed by TRAI, encashment of bank guarantees, disputes between broadcasters etc.
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