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Core Purpose

Order under Section 58(1) of the Telecommunications Act, 2023 -- the Telecommunications (Removal of Difficulties) Order, 2024 -- directing that sums payable towards the Universal Service Obligation under licences granted on or after 26th June 2024 be credited to the Digital Bharat Nidhi pending operationalisation of authorisations under Section 3 of the Act.

Detailed Summary

The Department of Telecommunications, Ministry of Communications, by Order S.O. 3948(E) dated 13th September 2024, exercising powers under sub-section (1) of section 58 of the Telecommunications Act, 2023 (44 of 2023), issues the Telecommunications (Removal of Difficulties) Order, 2024, effective from 26th June 2024, to remove a difficulty arising because authorisations under section 3 of the Act had not yet been granted, which hindered crediting of Universal Service Obligation sums (renamed the 'Digital Bharat Nidhi' under section 24(1), replacing the fund created under the Indian Telegraph Act, 1885 (13 of 1885)) as required by section 24; the Order directs that sums payable towards the Universal Service Obligation under licences granted on or after 26th June 2024 be credited to the Digital Bharat Nidhi, and that actions taken by the Central Government regarding licences granted under the Indian Telegraph Act, 1885 on or after that date are deemed actions under the Telecommunications Act, 2023; the Order remains in force until all provisions of the Act and necessary rules come into effect, or for ten months from its commencement, whichever is earlier; it notes that notification S.O. 2408(E) dated 21st June 2024 brought sections 1, 2, 10 to 30, 42 to 44, 46, 47, 50 to 58, 61 and 62 of the Act into force from 26th June 2024; the Order is signed by Devendra Kumar Rai, Joint Secretary (F. No. 17-01/2020-Restg.(Vol IV)).

Full Text

5927 GI/202 4 (1) EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 3610 ] NEW DELH I, SATURDAY , SEPTEMBER 14, 2024/BHADRA 23, 1946 CG-DL-E-14092024-257187 MINISTRY OF COMMUNICATIONS (Department of Telecommunications) ORDER New Delhi, the 13th September , 2024 S.O. 3948 (E).— Whereas, sub -section (1) of section 24 of the Telecommunications Act, 2023 (44 of 2023) (the said act), inter alia , provides that the Uni versal Service Obligation Fund created under the Indian Telegraph Act, 1885 (13 of 1885) shall, from the appointed day, be the "Digital Bharat Nidhi "; And whereas, clause (a) of section 2 of the said Act provides that "appointed day" means such date as the Central Government may, by notification, appoint under sub -section (3) of section 1 of the said Act; And whereas, vide notification number S.O. 2408(E), da ted the 21st June, 2024, the provisions of sections 1, 2, 10 to 30, 42 to 44, 46, 47, 50 to 58, 61 and 62 of the said Act came into force with effect from the 26th day of June, 2024; And whereas, sub section (2) of section 24 of the said Act provides that the sums of money attributable to the Digital Bharat Nidhi that is paid pursuant to an authorisation under section 3, shall be credited to the Digital Bharat Nidhi ; And whereas, sub section (4) of section 24 of the said Act provides that all amounts payable under licences granted prior to the appointed day, that is, the 26th June, 2024, towards the Universal Service Obligation, shall be deemed to be the amounts payable towards the Digital Bharat Nidhi; And whereas, till such time authorisations are granted in accordance with the provisions of section 3 of the said Act, difficulty may arise in crediting sums of money payable towards Universal Service Obligation Fund under the licenses granted on or after 26th June, 2024 to the Digital Bharat Nidhi, which may hinder in achieving the objectives under section 25 of the said Act; And whereas, the aforementioned difficulty have arisen in giving effect to the provisions of the said Act and it is expedient to remove the said difficulty; Now, therefore, in exercise of the powers conferred by sub -section (1) of section 58 of the said Act, the Central Government hereby makes the following Order, namely: — 1. Short title and commencement .—(1) This Order may be called the Telecommunications (Removal of Difficulties) Order, 2024. (2) It shall come into force on the 26th of June, 2024, and shall be in force — (i) till such time all the provisions of the said Act come in force and the rules, which are necessary to give effect to the said provisions, are made; or (ii) till the expiry of 10 months from the date on which this order comes into force, whichever is earlier. 2. Credit of sums of money to Digital Bharat Nidhi .— (1) The sums of money payable towards Universal Service Obligation under licences granted on or after the 26th June, 2024, shall be credited to the Digital Bharat Nidhi till such time this order is in force. (2) All actions that may be taken by the Central Government in respect of licences granted under the Indian Telegraph Act, 1885 (13 of 1885) on or after the 26th June, 2024 towards Universal Service Obligation shall be deemed to be actions taken under the said Act. [F. No. 17-01/2020 -Restg.(Vol IV) ] DEVENDRA KUMAR RAI , Jt. Secy. Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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