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THE CABLE TELEVISION - NETWORKS (REGULATION) ACT, 1995
(Act 7 of 1995)
[25th March 1995]
CONTENTS
CHAPTER I
Preliminary
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
Network
3. Cable television network not to be operated except after registration.
4. Registration as cable operator.
5. Programmer code.
6. Advertisement code.
7. Maintenance of register.
8. Compulsory transmission of two Doordarshan channels.
9. Use of Standard equipment in cable television network.
10. Cable television network not to interfere with any telecommunication
system.
CHAPTER III
Seizure and Confiscation of Certain Equipment
11. Power to seize equipment used for operating the cable television
network.
12. Confiscation.
13. Seizure or confiscation of interferes with other punishment.
14. Giving of opportunity to the cable operator of seized equipment.
15. Appeal.
CHAPTER IV
Offences and Penalties
16. Punishment for contravention of provision of this Act.
17. Offences by companies.
18. Cognizance offences.
CHAPTER V
Miscellaneous
19. Power to prohibit transmission of certain programmes in public
interest.
20. Power to prohibit operation of cable television network in public
interest.
21. Application of other laws not barred.
22. Power to make rules.
23. Repeal and savings.
THE CABLE TELEVISION - NETWORKS (REGULATION) ACT, 1995
(7 of 1995)
[25th March 1995]
Promulgated by the President in the Forty-fifth Year of the Republic of India.
An Act to regulate the operation of cable television networks in the country and
for matters connected therewith or incidental thereto.
Be it enacted by Parliament in the Forty-sixth year of the Republic of India as
follows:
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. -
(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.
2. Definitions -In this Act, unless the context otherwise requires, -
(a) “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;
(b) “Cable service” means the transmission by cables of programmes
including retransmission 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 (I 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;
(iii) A company in which not less than fifty-one per cent of the paid-up
share capital is held by the citizens of India;
(f) “Prescribed” means prescribed by rules made under this Act;
(g) “Programme” means any television broadcast and includes-
(i) Exhibition of films, features, dramas, advertisement and serials
through video cassette recorders or video cassette players;
(ii) Any audio or visual or audio-visual live performance or presentation,
and the expression “programming service’ shall be construed accordingly-
(h) “Registering authority,” means such authority as the Central Government
may, by notification 1in the Official Gazette, specify to perform the functions
of the registering authority under this Act;
(i) “Subscriber” means a person who receives the signals of cable
television network at a place indicated by him to the cable operator, without
further transmitting it to any other person.
1. Vide Notification No. S.O. 718 (E) Dated 29-9-1994, the Post Master of
a Head Post Office, of the area within whose jurisdiction the office of Cable
operator is situated notified to be registering authority.
CHAPTER II
REGULATION OF CABLE TELEVISION NETWORK
3. Cable television network not to be operated except after
registration-No person shall operate a cable television network unless he is
registered as a cable operator under this Act.
Provided that a person operating a cable television network, immediately before
the commencement of this Act, may continue to do so for a period of ninety days
from such commencement; and if he has made an application for registration as a
cable operator under Section 4 within the said period, till he is registered
under that section or the registering authority refuses to grant registration to
him under that section.
4. Registration as cable operator-
(1) Any person who is operating or is desirous of operating a cable
television network may apply for registration as a cable operator to the
registering authority.
(2) An application under sub-section (1) shall be made in such form and be
accompanied by such fee as may be prescribed.
(3) On receipt of the application, the registering authority shall satisfy
itself that the applicant has furnished all the required information and on
being so satisfied, register the applicant as a cable operator and grant to him
a certificate of such registration:
Provided that the registering authority may, for reasons to be recorded in
writing and communicated to the applicant, refuse to grant registration to him
if it is satisfied that he does not fulfill the conditions specified in clause
(e) of Section 2.
5. Programme code. -No person shall transmit or re-transmit through a
cable service any programme unless such programme is in conformity with the
prescribed programme code:
Provided that nothing in this section shall apply to the programmes of foreign
satellite channels which can be received without the use -of any specialised
gadgets or decoder.”
6. Advertisement code -No person shall transmit or re-transmit through a
cable service any advertisement unless such advertisement is in conformity with
the prescribed advertisement code:
Provided that nothing in this section shall apply to the programmes of foreign
satellite channels which can be received without the use of any specialised
gadgets or decoder.
7. Maintenance of register. -Every cable operator shall maintain a register in
the prescribed form indicating therein in brief the programmes transmitted or
re-transmitted through the cable service during a month and such register shall
be maintained by the cable operator for a period of one year after the actual
transmission or re-transmission of the said programmes.
8. Compulsory transmission of two Doordarshan channels-
(l) Every cable operator using a dish antenna or Television Receiver only
shall, from the commencement of this Act, re-transmit at least two Doordarshan
channels of his choice through the cable service.
(2) The Doordarshan channels referred to in sub-section (1) shall be
re-transmitted without any deletion or alteration of any programme transmitted
on such channels.
9. Use of Standard equipment in cable television network. -No cable
operator shall, on and from the date of the expiry of a period of three years
from the date of the establishment and publication of the Indian Standard by the
Bureau of Indian Standards in accordance with the provisions of the Bureau of
Indian Standards Act, 1986 (63 of 1986), use any equipment in his cable
television network unless such equipment conforms to the said Indian Standard.
10. Cable television network not to interfere with any telecommunication
system. -Every cable operator shall ensure that the cable television network
being operated by him does not interfere, in any way, with the functioning of
the authorised telecommunication systems.
CHAPTER III
SEIZURE AND CONFISCATION OF CERTAIN EQUIPMENT
11. Power to seize equipment used for operating the cable television
network. -
(1) If any officer, not below the rank of a Group ‘A’ officer of the
Central Government authorised in this behalf by the Government (hereinafter
referred to as the authorised officer), has reason to believe that the
provisions of Section 3 have been or are being contravened by any cable
operator, he may seize the equipment being used by such cable operator for
operating the cable television network.
(2) No such equipment shall be retained by the authorised officer for a
period exceeding ten days from the date of its seizure unless the approval of
the District Judge, within the local limits of whose jurisdiction such seizure
has been made, has been obtained for such retention.
12. Confiscation- The equipment seized under sub-section (1) of Section 11
shall be liable to confiscation unless the cable operator from whom the
equipment has been seized registers himself as a cable operator under Section 4
within a period of thirty days from the date of seizure of the said equipment.
13. Seizure or confiscation of equipment not to interfere with other
punishment. -No seizure or confiscation of equipment referred to in Section 11
or Section 12 shall prevent the infliction of any punishment to which the person
affected thereby is liable under the provisions of this
14. Giving of opportunity to the cable operator of seized equipment,
(1) No order adjudicating confiscation of the equipment referred to in
Section 12 shall be made unless the cable operator has been given a notice in
writing informing him of the grounds on which it is proposed to confiscate such
equipment and giving him a reasonable opportunity of making a representation in
writing, within such reasonable time as may be specified in the notice against
the confiscation and if he so desires of being heard in the matter:
Provided that where no such notice is given within a period of ten days from the
date of the seizure of the equipment, such equipment shall be returned after the
expiry of that period to the cable operator from whose possession it was seized.
(2) Save as otherwise provided in sub-section (1), the provisions of the
Code of Civil Procedure, 1908 (5 of 1908) shall, so far as may be, apply to
every proceeding referred in sub-section (1).
15. Appeal. -
(1) Any person aggrieved by any decision of the court adjudicating a
confiscation of the equipment may prefer an appeal to the court to which an
appeal lies from the decision of such court
(2) The appellate court may, after giving the appellant an opportunity of
being heard, pass such order as it thinks fit confirming, modifying or revising
the decision appealed against or may send back the case with such directions as
it may think fit for a fresh decision or adjudication, as the case may be, after
taking additional evidence if necessary.
(3) No further appeal shall lie against the order of the court made under
subsection
CHAPTER IV
OFFENCES AND PENALTIES
16. Punishment for contravention of provisions of this Act. -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.
17. Offences by companies. -
(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 subsection 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.
18. Cognizance offences-No court shall take cognizance of any offence
punishable under this Act except upon a complaint in writing made by such
officer, not below the rank of a Group ‘A’ officer of the Central Government, as
the State Government may, by notification in the Official Gazette, specify in
this behalf.
CHAPTER V
MISCELLANEOUS
19. Power to prohibit transmission of certain programmes in public
interest- Where an officer, not below the rank of a Group ‘A’ officer of the
Central Government authorised by the State Government in this behalf, thinks it
necessary or expedient so to do in the public interest, he may, by order,
prohibit any cable operator from transmitting or retransmitting any particular
programme 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 tranquility.
20. Power to prohibit operation of cable television network in public
interest. -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.
21. Application of other laws not barred. -The provisions of this Act shall
be in addition to, and not in derogation of, the Drugs and Cosmetics Act, 1940
(23 of 1940), the Pharmacy Act, 1948 (8 of 1948), the Emblems and Names
(Prevention of Improper Use) Act, 1950 (12 of 1950), the Drugs (Control) Act,
1950 (26 of 1050), the Cinematograph Act, 1952 (37 of 1952), the Drugs and Magic
Remedies (Objectionable Advertisements) Act, 1954 (21 of 1954), the Prevention
of Food Adulteration Act, 1954 (37 of 1954), The Prize Competitions Act, 1955
(42 of 1955), the Copyright Act 1957 (14 of 1957), the Trade and Merchandise
Marks Act, 1958 (43 of 1958), the Indecent Representation of Women (Prohibition)
Act, 1986 (60 of 1986) and the Consumer Protection Act, 1986 (68 of 1986).
22. Power to make rules-
(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the provisions of this Act.
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 form of application and the fee payable under sub-section (2) of
Section 4;
(b) The programme code under Section 5;
(c) The advertisement code under Section 6;
(d) The form of register to be maintained by a cable operator under
Section 7; Any other matter which is required to be, or may be, prescribed.
(3). Every rule 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 both Houses agree that the rule should
not be made, the rule 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.
23. Repeal and savings
The Cable Television Networks (Regulation) Ordinance, 1995 (3 of 1995) is hereby
repealed.
(2) Notwithstanding such repeal, anything done or any action taken under
the said Ordinance shall be deemed to have been done or taken under the
corresponding provisions of this Act.
INDIA PIL LAWS, CABLE TELEVISION NETWORKS (REGULATION) ACT, 1995