3. Establishment and incorporation of Authority.—(1) With effect from such date as the Central
Government may, by notification appoint, there shall be established, for the purposes of this Act, an
Authority to be called the Telecom Regulatory Authority of India.
(2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a
common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property,
both movable and immovable, and to contract, and shall, by the said name, sue or be sued.
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[(3) The Authority shall consist of a Chairperson, and not more than two whole-time members and
not more than two part-time members, to be appointed by the Central Government.]
(4) The head office of the Authority shall be at New Delhi.
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[4. Qualifications for appointment of Chairperson and other members.—The Chairperson and
other members of the Authority shall be appointed by the Central Government from amongst persons who
have special knowledge of, and professional experience in, telecommunication, industry, finance,
accountancy, law, management or consumer affairs:
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[Provided that a person who is, or has been, in the service of Government shall not be appointed—
(a) as a Chairperson unless such person has held the post of Secretary to the Government of
India or any equivalent post in the Central Government or the State Government; or.
(b) as a member unless such person has held the post of Additional Secretary to the
Government of India or any equivalent post in the Central Government or the State Government:
Provided further that a person who is, or has been, in a service other than that of Government,
shall be appointed—
(a) as a Chairperson if such person has at least thirty years of professional experience and has
served as a member of the board of directors or a chief executive of a company in the areas as
specified in this section; or
(b) as a Member if such person has at least twenty-five years of professional experience and
has served as a member of the board of directors or chief executive of a company in the areas as
specified in this section.]]
5. Term of office, conditions of service, etc., of Chairperson and other members.—(1) Before
appointing any person as the Chairperson or member, the Central Government shall satisfy itself that the
person does not have any such financial or other interest as is likely to affect prejudicially his functions as
such member.
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[(2) The Chairperson and other members shall hold office for a term not exceeding three years, as the
Central Government may notify in this behalf, from the date on which they enter upon their offices or
until they attain the age of sixty-five years, whichever is earlier.
1. Ins. by Act 2 of 2000, s. 3 (w.e.f. 24-1-2000).
2. Subs. by s. 4, ibid., for sub-section (3) (w.e.f. 24-1-2000).
3. Subs. by s. 5, ibid., for section 4 (w.e.f. 24-1-2000).
4. Subs. by Act 44 of 2023, s. 59(b) for the proviso (w.e.f. 5-7-2024).
5. Subs. by Act 2 of 2000, s. 6, for sub-sections (2) and (3) (w.e.f. 24-1-2000).
*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and
Kashmir and the Union territory of Ladakh.
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(3) On the commencement of the Telecom Regulatory Authority of India (Amendment) Act, 2000
(2 of 2000), a person appointed as Chairperson of the Authority and every other person appointed as
member and holding office as such immediately before such commencement shall vacate their respective
offices and such Chairperson and such other members shall be entitled to claim compensation not
exceeding three months pay and allowances for the premature termination of the term of their offices or
of any contract of service.]
(4) The employee of the Government on his 1
[selection as the Chairperson or whole-time member]
shall have to retire from service before 2
[joining as the Chairperson or a whole-time member, as the case
may be].
(5) The salary and allowances payable to and the other terms and conditions of service of the
Chairperson and 3
[whole-time members] shall be such as may be prescribed.
(6) The salary, allowances and other conditions of service of the Chairperson or of a member shall not
be varied to his disadvantage after appointment.
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[(6A) The part-time members shall receive such allowances as may be prescribed.]
(7) Notwithstanding anything contained in sub-section (2) 5***, a member may—
(a) relinquish his office by giving in writing to the Central Government notice of not less than
three months; or
(b) be removed from his office in accordance with the provisions of section 7.
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[(8) The Chairperson and the whole-time members shall not, for a period of two years from the date
on which they cease to hold office as such, except with the previous approval of the Central Government,
accept—
(a) any employment either under the Central Government or under any State Government; or
(b) any appointment in any company in the business of telecommunication services.]
(9) A vacancy caused to the office of the Chairperson or any other member shall be filled up within a
period of three months from the date on which such vacancy occurs.
7* * * * *
6. Powers of Chairperson and Vice-Chairperson.—(1) The Chairperson shall have powers of
general superintendence and directions in the conduct of the affairs of the Authority and he shall, in
addition to presiding over the meetings of the Authority, exercise and discharge such powers and
functions of the Authority and shall discharge such other powers and functions as may be prescribed.
(2) The Central Government may appoint one of the members to be a Vice-Chairperson of the
Authority who shall exercise and discharge such powers and functions of the Chairperson as may be
prescribed or as may be delegated to him by the Authority.
7. Removal and suspension of member from office in certain circumstances.—(1) The Central
Government may remove from office any member, who,—
(a) has been adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the Central Government, involves
moral turpitude; or
(c) has become physically or mentally incapable of acting as a member; or
(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as
a member; or
(e) has so abused his position as to render his continuance in office prejudicial to the public
interest.
1. Subs. by Act 2 of 2000, s. 6, for “selection as member” (w.e.f. 24-1-2000).
2. Subs. by s. 6, ibid., for “joining as member” (w.e.f. 24-1-2000).
3. Subs. by s. 6, ibid., for “other members” (w.e.f. 24-1-2000).
4. Ins. by s. 6, ibid. (w.e.f. 24-1-2000).
5. The words, brackets and figure “or sub-section (3)” omitted by s. 6, ibid. (w.e.f. 24-1-2000).
6. Subs. by Act 20 of 2014, s. 2, for sub-section (8) (w.e.f. 28-5-2014).
7. The Explanation omitted by s. 2, ibid. (w.e.f. 28-5-2014).
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1
[(2) No such member shall be removed from his office under clause (d) or clause (e) of sub-section
(1) unless he has been given a reasonable opportunity of being heard in the matter.]
8. Meetings.—(1) The Authority shall meet at such times and places, and shall observe such rules of
procedure in regard to the transaction of business at its meetings (including quorum at such meetings) as
may be provided by regulations.
(2) The Chairperson or, if for any reason, he is unable to attend a meeting of the Authority,
Vice-Chairperson and in his absence, any other member chosen by the members present from amongst
themselves at the meeting shall presided at the meeting.
(3) All questions which come up before any meeting of the Authority shall be decided by a majority
vote of the members present and voting, and in the event of an equality of votes, the Chairperson or in his
absence, the person presiding, shall have a second or casting vote.
(4) The Authority may make regulations for the transaction of business at its meetings.
9. Vacancies, etc., not to invalidate proceedings of Authority.—No act or proceeding of the
Authority shall be invalid merely by reason of—
(a) any vacancy in, or any defect in the constitution of, the Authority; or
(b) any defect in the appointment of a person acting as a member of the Authority; or
(c) any irregularity in the procedure of the Authority not affecting the merits of the case.
10. Officers and other employees of Authority.—(1) The Authority may appoint officers and such
other employees as it considers necessary for the efficient discharge of its functions under this Act.
(2) The salary and allowances payable to and the other conditions of service of the officers and other
employees of the Authority appointed under sub-section (1) shall be such as may be 2
[prescribed]:
3
[Provided that any regulation, in respect of the salary and allowances payable to and other conditions
of service of the officers and other employees of the Authority, made before the commencement of the
Telecom Regulatory Authority of India (Amendment) Act, 2000 (2 of 2000),shall cease to have effect
immediately on the notification of rules made under clause (ca) of sub-section (2) of section 35.]