Cable Television Networks (Regulation) Act, 1995- Sections 6 to 23

6. Advertisement code.

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:

[i][* * *]

7. Maintenance of register.

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 certain channels.

[ii][8. Compulsory transmission of certain channels.—(1) The Central Government may, by notification in the Official Gazette, specify the names of Doordarshan channels or the channels operated by or on behalf of Parliament, to be mandatorily carried by the cable operators in their cable service and the manner of reception and re-transmission of such channels:

Provided that in areas where digital addressable system has not been introduced in accordance with the provisions of sub-section (1) of Section 4-A, the notification as regards the prime band is concerned shall be limited to the carriage of two Doordarshan terrestrial channels and one regional language channel of the State in which the network of the cable operator is located.

(2) The channels referred to in sub-section (1) shall be re-transmitted without any deletion or alteration of any programme transmitted on such channels.

(3) Notwithstanding the provisions of sub-section (1), any notification issued by the Central Government or the Prasar Bharti (Broadcasting Corporation of India) in pursuance of the provisions of sub-section (1), prior to the 25th day of October, 2011 shall continue to remain in force till such notifications are rescinded or amended, as the case may be.]

9. Use of standard equipment in cable television network.

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 [iii][equipment or digital addressable system] in his cable television network unless such [iv][equipment or digital addressable system] conforms to the said Indian Standard:

[v][* * *]

10. Cable television network not to interfere with any telecommunication system.

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 [vi][and is in conformity with such standards relating to interference as may be prescribed by the Central Government].

10-A. Inspection of cable network and services.

[vii][10-A. Inspection of cable network and services.—(1) Without prejudice to the provisions contained in the Indian Telegraph Act, 1885 (13 of 1885) or any other law for the time being in force, the Central Government or its officers authorised by it or authorised agency shall have the right to inspect the cable network and services.

(2) No prior permission or intimation shall be required to exercise the right of the Central Government or its authorised representatives to carry out such inspection.

(3) The inspection shall ordinarily be carried out after giving reasonable notice except in circumstances where giving of such a notice shall defeat the purpose of the inspection.

(4) On being so directed by the Central Government or its authorised officers or agency so authorised by it, the cable operator shall provide the necessary equipment, services and facilities at designated place or places for lawful interception or continuous monitoring of the cable service at its own cost by or under the supervisions of the Central Government or its officers or agency so authorised by it.]

Chapter III

SEIZURE AND CONFISCATION OF CERTAIN EQUIPMENT

11. Power to seize equipment used for operating cable television network.

[viii][11. Power to seize equipment used for operating cable television network.—If any authorised officer has reason to believe that the provisions of Section 3, Section 4-A, Section 5, Section 6, Section 8, Section 9 or Section 10 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:

Provided that the seizure of equipment in case of contravention of Sections 5 and 6 shall be limited to the programming service provided on the channel generated at the level of the cable operator.]

12. Confiscation.

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.

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 Act.

14. Giving of opportunity to the cable operator of seized equipment.

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 informating 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 he 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 to in sub-section (1).

15. Appeal.

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 sub-section (2).

Chapter IV

OFFENCES AND PENALTIES

16. Punishment for contravention of provisions of this Act.

16. Punishment for contravention of provisions of this Act.— [ix][(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.

[x][(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the contravention of section 4-A shall be a cognizable offence under this section.]

17. Offences by companies.

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 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.

18. Cognizance of offences.

18. Cognizance of offences.—No court shall take cognizance of any offence punishable under this Act except upon a complaint in writing made [xi][by any authorised officer].

Chapter V

MISCELLANEOUS

19. Power to prohibit transmission of certain programmes in public interest.

19. Power to prohibit transmission of certain programmes in public interest.—Where [xii][any authorised officer] authorised, 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 [xiii][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.

20. Power to prohibit operation of cable television network in public interest.

20. Power to prohibit operation of cable television network in public interest.—[(1)] [xiv]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.

[xv][(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 in conformity 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.]

21. Application of other laws not barred.

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 1950), 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) [xvi][the Consumer Protection Act, 1986 (68 of 1986) and the Telecom Regulatory Authority of India Act, 1997 (24 of 1997)].

22. Power to make rules.

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.

(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:—

[xvii][(a) the eligibility criteria for different categories of cable operators under sub-section (2) of Section 4];

[xviii][(aa) the form of application, documents to be accompanied and the fees payable under sub-section (4) of Section 4];

[xix][(aaa) the terms and conditions of registration under sub-section (6) of Section 4;]

[xx][(aaaa) the appropriate measures under sub-section (2) of Section 4-A for implementation of the notification under sub-section (1) of that section;]

(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;

[xxi][(da) the specifications of interference standards for interfering with any telecommunication system under Section 10;]

(e) 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.

23. Repeal and savings.—(1) 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 provision of this Act.

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