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REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-18072024-255516
EXTRAORDINARY
PART II-Section 3-Sub-section (i)
PUBLISHED BY AUTHORITY
No. 378]
NEW DELHI, THURSDAY, JULY 18, 2024/ASHADHA 27, 1946
MINISTRY OF COMMUNICATIONS
(Department of Telecommunications)
NOTIFICATION
New Delhi, the 18th July, 2024
The Telecommunications (Adjudication and Appeal) Rules, 2024
G.S.R. 415(E). -The following draft rules, which the Central Government proposes to make in exercise of
the powers conferred by section 33, read with section 35, read with section 36, read with section 37, read with clauses
(zc), (zd), (ze), (zf) to sub-section (2) of section 56 of the Telecommunications Act, 2023 (44 of 2023), are hereby
published for the information of all persons likely to be affected thereby and notice is hereby given that the said draft
rules shall be taken into consideration after the expiry of a period of thirty days from the date on which copies of this
notification as published in the Official Gazette, are made available to the public;
Objections or suggestions, if any, may be addressed to the Joint Secretary (Telecom), Department of
Telecommunications, Ministry of Communications, Government of India, Sanchar Bhawan, 20, Ashoka Road, New
Delhi-110001;
The objection or suggestion which may be received from any person with respect to the said draft rules before the
expiry of the aforesaid period shall be taken into consideration by the Central Government.
CHAPTER 1: PRELIMINARY
1. Short title and commencement
(1) These rules may be called the Telecommunications (Adjudication and Appeal) Rules, 2024.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions
(1) In these rules, unless the context otherwise requires,
a) "Act" means the Telecommunications Act, 2023 (44 of 2023);
b) "Adjudicating Officer” means an officer appointed by the Central Government under sub-section (1)
of section 35 of the Act;
c) "Appellant" means an aggrieved person against whom an order was passed under rule 6 or rule 9, who
makes an appeal before the Designated Appeals Committee under rule 10;
d) "Designated Appeals Committee” means the Designated Appeals Committee appointed by the
Central Government under sub-section (1) of section 36 of the Act;
e) "Form" means a form specified by the Central Government from time to time;
f) "Portal" means the portal notified by the Central Government under rule 20 of these rules;
g) "Rules" means the Telecommunications (Adjudication and Appeal) Rules, 2024.
(2) Words and expressions used and not defined herein but defined in the Act shall have the meaning assigned to
them in the Act.
3. Appointment and Jurisdiction of Adjudicating Officers
(1) The Central Government may, by an order published in the Official Gazette, appoint any officer of the
Central Government under sub-section (1) of section 35 of the Act, as it may deem fit, as one or more
Adjudicating Officers.
(2) The jurisdiction of Adjudicating Officers, along with contact details of such officers, shall be as
notified from time to time.
(3) Where any Adjudicating Officer, has demitted office for any reason, the Central Government shall
appoint such other officer to carry out the functions of the Adjudicating Officer.
(4) Each Adjudicating Officer shall have a secretariat to assist in its functioning.
4. Appointment and Jurisdiction of Designated Appeals Committee
(1) The Central Government may, by an order published in the Official Gazette, appoint officers of the
Central Government, under sub-section (1) of section 36 of the Act, as it may think fit, as members of
one or more Designated Appeals Committee.
(2) The jurisdiction of the Designated Appeals Committee, along with contact details of members of such
committee, shall be as notified from time to time.
(3) Where any member of the Designated Appeals Committee has demitted office for any reason, the
Central Government shall appoint such other officer to carry out the functions of such member.
(4) Each Designated Appeals Committee shall have a secretariat to assist in its functioning.
CHAPTER 2: PROCEEDINGS BEFORE THE ADJUDICATING OFFICER
5. Inquiry by the Adjudicating Officer
(1) Where an Adjudicating Officer has, suo moto, reasonable grounds to believe that there has been a
breach of terms and conditions of authorisation or assignment under sub-section (1) of section 32 of the
Act, he shall issue a notice to the person alleged to have committed such breach, to show cause within
such period as may be specified in the notice, being not less than fifteen calendar days from the date of
service thereof, as to why action should not be taken under section 32 of the Act.
(2) Where an Adjudicating Officer has reasonable grounds to believe, either suo moto, or upon a prima
facie assessment of a complaint received under sub-rule (3), that there has been a contravention as
specified in the Third Schedule of the Act, he shall issue a notice to the person alleged to committed
such contravention, to show cause within such period as may be specified in the notice, being not less
than fifteen calendar days from the date of service thereof, as to why action should not be taken under
section 33 of the Act.
(3) A complaint relating to any contravention as specified in the Third Schedule of the Act, may be filed
before the Adjudicating Officer by any person, along with fees of five thousand rupees, in such form as
may be specified by the Central Government and shall be accompanied by identity proof of the
complainant issued by the Central or State Government, and specific evidence supporting such alleged
contravention. Any complaint submitted without the fees as specified herein or the requisite identity
proof of the complainant or supporting evidence of alleged contravention, shall not be considered by
the Adjudicating Officer.
(4) The notice issued under sub-rule (1) or sub-rule (2), as the case may be, shall specify the breach or
contravention alleged to have been committed by such person, along with the provisions of the Act,
rules, regulations, notifications, directions, orders or any terms and conditions of authorisation or
assignment, in respect of which breach or contravention is alleged to have taken place.
(5) The person to whom notice is issued, shall send a written response to the Adjudicating Officer, within
the time period specified in such notice. If no response is received within such time period, such
person shall be deemed to have accepted the breach or contravention, as the case may be, and the
Adjudicating Officer shall proceed to issue an order under rule 6.
(6) Upon receipt of the written response, if any, under sub-rule (5), the Adjudicating Officer shall make a
determination as to whether further proceeding is warranted or not. If the Adjudicating Officer
determines that further proceeding in the matter is warranted, he shall issue a notice fixing a date for
the appearance of that person, either personally or through its authorised representative, before the
Adjudicating Officer.
(7) On the date fixed under sub-rule (6), such person, either by itself or through its authorised
representative, shall present its case and produce such documents or evidence as relevant to the subject
matter of the inquiry. The Adjudicating Officer is vested with the powers of a civil court including : (i)
the power to summon and enforce the attendance of any person acquainted with the facts and
circumstances of the case to give evidence or to produce any document or things, (ii) requiring the
discovery of inspection of documents, (iii) receiving evidence on affidavit, (iv) requisitioning any
public record or copies thereof from any court of office, (v) issuing interim orders, (vi) imposing costs
as it deems fit having regard to the facts and circumstances of the case. The Adjudicating Officer shall
not be required to observe the provisions of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) or
the Code of Civil Procedure, 1908 (5 of 1908).
(8) If any person fails, neglects or refuses to appear as required under sub-rule (7), the Adjudicating
Officer may proceed with the adjudication proceedings in the absence of such person, after recording
the reasons for doing so.
6. Orders of the Adjudicating Officer
(1) If, upon consideration of the evidence produced, the Adjudicating Officer is satisfied that there is no
breach of terms and conditions of authorisation or assignment under sub-section (1) of section 32 of the
Act, or contravention as specified in the Third Schedule of the Act, the Adjudicating Officer shall pass
an order by recording reasons for the same and close the inquiry.
(2) Upon consideration of the evidence produced, if the Adjudicating Officer is satisfied that the person
has committed a breach or contravention under the Act, the Adjudicating Officer shall:
(a) pass an order under sub-clause (a) of sub-section (1) of section 32 of the Act, or sub-section (1)
of section 33 of the Act, as the case may be; or
(b) make recommendations to the Central Government under sub-clause (b) of sub-section (1) of
section 32 of the Act.
(3) Every order or recommendation made under sub-rule (2) shall specify the provisions of the Act, rules,
notifications, directions, orders, or any terms and conditions of authorisation or assignment, in respect
of which the breach of terms and conditions or contravention has taken place and shall contain reasons
for such decision.
(4) If the order passed under clause (a) of sub-rule (2) imposes any penalty specified in the Second or
Third Schedule to the Act, the Adjudicating Officer shall have due regard to:
(a) the factors in sub-section (3) of section 32 of the Act; and
(b) any voluntary undertaking submitted under rule 8, read with sub-section (5) of section 34 of
the Act.
(5) Any penalty imposed on an authorised entity or assignee, by an order passed under clause (a) of sub-
rule (2), shall be in addition to any liability in respect of payment of compensation or payment of fees
or charges due by such authorised entity or assignee.
(6) The Adjudicating Officer shall normally conclude the inquiry under rule 5 within ninety calendar days
from the date of issuance of the notice under sub-rule (1) or sub-rule (2) of rule 5. The Adjudicating
Officer may, upon recording of cogent reasons in writing, extend such period, for a period not
exceeding one hundred and twenty calendar days from the date of issuance of notice under sub rule (1)
or sub-rule (2) of rule 5.
(7) A copy of the order made under sub-clause (a) of sub-rule (2) shall be made available to the person
against whom the order is made as per rule 19.
7. Voluntary Undertaking prior to initiation of inquiry by the Adjudicating Officer
(1) Any authorised entity or assignee may, prior to any notice of inquiry under rule 5, suo moto submit a
voluntary undertaking to the Adjudicating Officer as provided under sub-section (1) of section 34,
disclosing a breach or contravention that it may have committed, and measures taken or proposed to
be taken to mitigate such breach or contravention, including any undertaking as specified under sub-
section (6) of section 34 of the Act.
(2) The Adjudication Officer may accept the voluntary undertaking or may vary the terms included in
such voluntary undertaking subject to sub-section (7) of section 34 of the Act. No proceedings or
actions shall be undertaken upon acceptance of the voluntary undertaking, unless and to the extent
of non-compliance of such voluntary undertaking.
8. Voluntary Undertaking after initiation of inquiry by the Adjudicating Officer
(1) At any time after the issuance of notice under sub-rule (1) or sub-rule (2) of rule 5 and before the
completion of hearings under sub-rule (7) of rule 5, the authorised entity or assignee may submit a
voluntary undertaking to the Adjudicating Officer under sub-section (4) of section 34 of the Act,
disclosing mitigation measures proposed to be taken to remedy the breach or contravention, including
any undertaking as specified under sub-section (6) of section 34 of the Act.
(2) The Adjudicating Officer may accept the voluntary undertaking or may vary the terms included in such
voluntary undertaking subject to sub-section (7) of section 34 of the Act.
9. Non-compliance with Voluntary Undertaking
(1) Where an authorised entity or assignee fails to comply with the terms and conditions of a voluntary
undertaking accepted by the Adjudicating Officer under rule 7 or rule 8, the Adjudicating Officer
shall issue a notice to such entity to show cause as to why action under sub-section (8) of section 34
of the Act should not be taken.
(2) The authorised entity or assignee, as the case may be, shall respond to such notice, within seven
calendar days from the date of issue of such notice.
(3) If the authorised entity or assignee does not submit a response within the time specified under sub-
rule (2), it would be deemed to have accepted the non-compliance, and the Adjudicating Officer
shall proceed to issue an order under sub-section (8) of section 34 of the Act.
(4) If authorised entity or assignee submits a response within the time specified under sub-rule (2), the
Adjudicating Officer shall consider such response while issuing an order under sub-section (8) of
section 34 of the Act.
CHAPTER 3: APPEALS BEFORE THE DESIGNATED APPEALS COMMITTEE
10. Appeal to the Designated Appeals Committee
(1) Any person aggrieved by an order of the Adjudicating Officer under rule 6 or rule 9, may submit an
appeal in the form as may be specified from time to time, within a period of thirty calendar days
from the date of receipt of the order of Adjudicating Officer, along with a copy of the order against
which the appeal is sought. The appeal shall be accompanied by a fee of ten thousand rupees
payable through such mode(s) as specified.
(2) The appeal shall set forth concisely and under distinct heads the grounds of objection to the order
appealed against, the date on which such order was served on the appellant, and specify the email
address as well as the physical address, at which further notices or other processes may be served on
the appellant.
(3) Any notice required to be served on the appellant shall be served on him in the manner specified in
rule 19 at the address for service specified in the appeal.
(4) In case of any delay in submission of the appeal, the Designated Appeals Committee may condone
the delay up to a maximum of thirty calendar days in submitting the appeal with reasons to be
recorded in writing or refuse to entertain the appeal due to the delay.
11. Proceedings for hearing of appeal by Designated Appeals Committee
(1) On receipt of an appeal, the Designated Appeals Committee shall send a copy of the appeal, together
with a copy of the order appealed against, to the Adjudicating Officer who passed such order or to
the Adjudicating Officers who have been appointed in place of the Adjudicating Officer who passed
such order.
(2) The Designated Appeals Committee shall then issue notices to the appellant and the Adjudicating
Officer fixing a date for hearing of the appeal.
(3) The Designated Appeals Committee is vested with the powers of a civil court including: (i) the
power to summon and enforce the attendance of any person acquainted with the facts and
circumstances of the case to give evidence or to produce any document or things, (ii) requiring the
discovery of inspection of documents, (iii) receiving evidence on affidavit, (iv) requisitioning any
public record or copies thereof from any court of office, (v) issuing interim orders, (vi) imposing
costs as it deems fit having regard to the facts and circumstances of the case. The Adjudicating
Officer shall not be required to observe the provisions of the Bharatiya Sakshya Adhiniyam, 2023
(47 of 2023) or the Code of Civil Procedure, 1908 (5 of 1908).
(4) The appellant may appoint one authorised representative to appear, plead and act on his behalf
before the Designated Appeals Committee.
(5) On the date fixed for hearing of the appeal or any other day to which the hearing of the appeal may
be adjourned, the appellant or the authorized representative, as well as the Adjudicating Officer,
shall be heard.
(6) Where on the date fixed, or any other day to which the hearing of the appeal may be adjourned, if
the appellant or the Adjudicating Officer fail to appear when the appeal is called for hearing, the
Designated Appeals Committee may decide the appeal based on the written submissions of the
appellant and the order of the Adjudicating Officer on record, within sixty days from the date of
such appeal.
12. Order of the Designated Appeals Committee
(1) The order of the Designated Appeals Committee shall be in writing and state briefly the reasons for the
decision, and shall be served on the appellant under rule 19.
(2) Any penalty imposed on an authorised entity or assignee by the Designated Appeals Committee, shall
be in addition to any liability in respect of payment of compensation or payment of fees or charges due
by such authorised entity or assignee.
CHAPTER 4: MISCELLANEOUS PROVISIONS
13. Proceedings before the Adjudicating Officer and Designated Appeals Committee
The Adjudicating Officer and the Designated Appeals Committee shall have the same powers as a civil
court, and all proceedings before it shall be deemed to be judicial proceedings in accordance with sub-
section (2) of section 37 of the Act.
14. Representation of parties
In case of proceedings before the Adjudicating Officer or Designated Appeals Committee, if the party is
represented by its authorised representative, a copy of such authorisation in favour of the representative and the
written consent thereto by such authorised representative shall also be appended to the response to notice, or
appeal, as the case, may be, and if the authorised representative is an employee of the party, the document shall
state the capacity in which he is at the time employed.
15. Giving False Evidence Before the Adjudicating Officer or Designated Appeals Committee
Whoever intentionally gives false evidence in any of the proceedings before the Adjudicating Officer or
Designated Appeals Committee or fabricates false evidence for the purposes of being used in any of the
proceedings, shall be punishable in accordance with Section 229 of the Bhartiya Nyaya Sanhita, 2023 (45 of
2023).
16. Consolidated Fund of India
All sums by way of realization of penalties and fee under section 32 or section 33 of the Act and under these
rules, shall be credited to the Consolidated Fund of India.
17. No abatement of proceedings
If a person alleged to have committed a breach or contravention, or an appellant, as the case may be, being an
individual, dies or is adjudicated insolvent, or being a company, is wound up, the proceedings before the
Adjudicating Officer or Designated Appeals Committee, as the case may be, shall not abate and shall be
continued by the executor, administrator or other legal representative of such person.
18. Rectification of mistake or error
After the issuance of order under rule 6, rule 9 or rule 12 of these rules, if there is any mistake or any error
apparent in such order, the Adjudicating Officer or Designated Appeals Committee, as the case may be, may suo
motu, or on an application from any person against whom such order was passed, rectify such mistake or error as
soon as possible.
19. Service of Notices and Publication of Orders
A notice issued under these rules shall be served on any person in any of the following manner:
(a) by delivering or tendering the notice to that person or his duly authorised person through email
correspondence; or
(b) by sending the notice by registered post with acknowledgment due to the address of his place of
residence or his last known place or residence or the place where he carried on or last carried on,
business or personally works or last worked for gain; or
(c) by affixing it on the outer door or some other conspicuous part of the premises in which the person
resides or is known to have last resided or carried on business or personally works or last worked for
gain and that written report thereof should be witnessed by two persons; or
(d) if the notice cannot be served under clause (a) or clause (b) or clause (c), by publishing in a leading
newspaper (both in vernacular and in English) having wide circulation of area or jurisdiction in which
the person resides or is known to have last resided or carried on business or personally works or last
worked for gain.
(e) by publishing electronically on the portal.
20. Techno-legal Measures
(1) The Central Government, in furtherance of section 53 of the Act, may notify a portal for the digital
implementation of these rules, including for:
(a) submission of complaints, appeals, voluntary undertakings, notices, responses, documents and
clarifications, and forms as may be specified with regard to such submissions;
(b) communications from the offices of the Adjudicating Officer or Designated Appeals Committee;
(c) publication of orders of the Adjudicating Officer or Designated Appeals Committee;
(d) hearings by virtual mode; and
(e) maintaining a record of the cases, proceedings, orders, forms, and any other requirements under these
rules.
(2) After notification of the poral, the orders of the Adjudicating Officer and Designated Appeals Committee
shall be digitally signed and shall be conveyed through electronic mode to all parties.
21. Enforcement
(1) Any order made by the Adjudicating Officer under rule 6 or rule 9, or the Designated Appeals
Committee under rule 12, shall be executable in the same manner as if it were a decree of a civil court
as specified under section 38 of the Act.
(2) Any order made by the Adjudicating Officer under rule 6 or rule 9, or the Designated Appeals
Committee under rule 12, shall be deemed to be final decrees on the expiry of the period allowed for
preferring an appeal against such orders as provided in section 36 and section 39 of the Act.
22. Recovery of dues
Without prejudice to other modes of recovery, any amount due under these rules shall, if not paid, be recovered as
an arrear of land revenue.
[F. No. 24-02/2024-UBB]
DEVENDRA KUMAR RAI, Jt. Secy.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054. SARVESH KUMAR
SRIVASTAVA
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