14. Establishment of Appellate Tribunal.—The Central Government shall, by notification, establish
an Appellate Tribunal to be known as the Telecom Disputes Settlement and Appellate Tribunal to—
(a) adjudicate any dispute—
(i) between a licensor and a licensee;
(ii) between two or more service providers;
1. Subs. by Act 2 of 2000, s. 9, for “under sub-section (1)” (w.e.f. 24-1-2000).
2. Ins. by s. 10, ibid. (w.e.f. 24-1-2000).
3. Subs. by s. 11, ibid., for Chapter IV (w.e.f. 24-1-2000).
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(iii) between a service provider and a group of consumers:
Provided that nothing in this clause shall apply in respect of matters relating to—
(A) the monopolistic trade practice, restrictive trade practice and unfair trade practice which
are subject to the jurisdiction of the Monopolies and Restrictive Trade Practices Commission
established under sub-section (1) of section 5 of the Monopolies and Restrictive Trade Practices
Act, 1969(54 of 1969);
(B) the complaint of an individual consumer maintainable before a Consumer Disputes
Redressal Forum or a Consumer Disputes Redressal Commission or the National Consumer
Redressal Commission established under section 9 of the Consumer Protection Act, 1986(68 of
1986);
(C) the dispute between telegraph authority and any other person referred to in sub-section
(1) of section 7B of the Indian Telegraph Act, 1885 (13 of 1885);
(b) hear and dispose of appeal against any direction, decision or order of the Authority under this
Act.
1
[(c) exercise jurisdiction, powers and authority conferred on—
(i) the Appellate Tribunal under the Information Technology Act, 2000 (21 of 2000); and
(ii) the Appellate Tribunal under the Airports Economic Regulatory Authority of India Act,
2008 (27 of 2008).]
14A. Application for settlement of disputes and appeals to Appellate Tribunal.—(1) The Central
Government or a State Government or a local authority or any person may make an application to the
Appellate Tribunal for adjudication of any dispute referred to in clause (a) of section 14.
(2) The Central Government or a State Government or a local authority or any person aggrieved by
any direction, decision or order made by the Authority may prefer an appeal to the Appellate Tribunal.
(3) Every appeal under sub-section (2) shall be preferred within a period of thirty days from the date
on which a copy of the direction or order or decision made by the Authority is received by the Central
Government or the State Government or the local authority or the aggrieved person and it shall be in such
form, verified in such manner and be accompanied by such fee as may be prescribed:
Provided that the Appellate Tribunal may entertain any appeal after the expiry of the said period of
thirty days if it is satisfied that there was sufficient cause for not filing it within that period.
(4) On receipt of an application under sub-section (1) or an appeal under sub-section (2), the
Appellate Tribunal may, after giving the parties to the dispute or the appeal an opportunity of being heard,
pass such orders thereon as it thinks fit.
(5) The Appellate Tribunal shall send a copy of every order made by it to the parties to the dispute or
the appeal and to the Authority, as the case may be.
(6) The application made under sub-section (1) or the appeal preferred under sub-section (2) shall be
dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the
application or appeal finally within ninety days from the date of receipt of application or appeal, as the
case may be:
Provided that where any such application or appeal could not be disposed of within the said period of
ninety days, the Appellate Tribunal shall record its reasons in writing for not disposing of the application
or appeal within that period.
(7) The Appellate Tribunal may, for the purpose of examining the legality or propriety or correctness
of any dispute made in any application under sub-section (1) or of any direction or order or decision of
the Authority referred to in the appeal preferred under sub-section (2), on its own motion or otherwise,
call for the records relevant to disposing of such application or appeal and make such orders as it thinks
fit.
1. Ins. by Act 7 of 2017, s. 168 (w.e.f. 26-5-2017).
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14B. Composition of Appellate Tribunal.—(1) The Appellate Tribunal shall consist of a
Chairperson and not more than two Members to be appointed, by notification, by the Central
Government.
(2) The selection of Chairperson and Members of the Appellate Tribunal shall be made by the Central
Government in consultation with the Chief Justice of India.
(3) Subject to the provisions of this Act,—
(a) the jurisdiction of the Appellate Tribunal may be exercised by the Benches thereof;
(b) a Bench may be constituted by the Chairperson of the Appellate Tribunal with one or two
Members of such Tribunal as the Chairperson may deem fit;
(c) the Benches of the Appellate Tribunal shall ordinarily sit at New Delhi and at such other
places as the Central Government may, in consultation with the Chairperson of the Appellate
Tribunal, notify;
(d) the Central Government shall notify the areas in relation to which each Bench of the Appellate
Tribunal may exercise its jurisdiction.
(4) Notwithstanding anything contained in sub-section (2), the Chairperson of the Appellate Tribunal
may transfer a Member of such Tribunal from one Bench to another Bench.
(5) If at any stage of the hearing of any case or matter it appears to the Chairperson or a Member of
the Appellate Tribunal that the case or matter is of such a nature that it ought to be heard by a Bench
consisting of two Members, the case or matter may be transferred by the Chairperson to such Bench as
the Chairperson may deem fit.
14C. Qualifications for appointment of Chairperson and Members.—A person shall not be
qualified for appointment as the Chairperson or a Member of the Appellate Tribunal unless he—
(a) in the case of Chairperson, is, or has been, a Judge of the Supreme Court or the Chief Justice
of a High Court;
(b) in the case of a Member, has held the post of Secretary to the Government of India or any
equivalent post in the Central Government or the State Government for a period of not less than two
years or a person who is well versed in the field of technology, telecommunication, industry,
commerce or administration.
14D. Term of office.—The Chairperson and every other Member of the Appellate Tribunal shall hold
office as such for a term not exceeding three years from the date on which he enters upon his office:
Provided that no Chairperson or other Member shall hold office as such after he has attained,—
(a) in the case of Chairperson, the age of seventy years;
(b) in the case of any other Member, the age of sixty-five years.
14E. Terms and conditions of service.—The salary and allowances payable to and the other terms
and conditions of service of the Chairperson and other Members of the Appellate Tribunal shall be such
as may be prescribed:
Provided that neither the salary and allowances nor the other terms and conditions of service of the
Chairperson or a Member of the Appellate Tribunal shall be varied to his disadvantage after appointment.
14F. Vacancies.—If, for reason other than temporary absence, any vacancy occurs in the office of the
Chairperson or a Member of the Appellate Tribunal, the Central Government shall appoint another person
in accordance with the provisions of this Act to fill the vacancy and the proceedings may be continued
before the Appellate Tribunal from the stage at which the vacancy is filled.
14G. Removal and resignation.—(1) The Central Government may remove from office, the
Chairperson or any Member of the Appellate Tribunal, 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
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(c) has become physically or mentally incapable of acting as the Chairperson or a Member; or
(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as
the Chairperson or a Member; or
(e) has so abused his position as to render his continuance in office prejudicial to the public
interest.
(2) Notwithstanding anything contained in sub-section (1), the Chairperson or a Member of the
Appellate Tribunal shall not be removed from his office on the ground specified in clause (d) or clause (e)
of that sub-section unless the Supreme Court on a reference being made to it in this behalf by the Central
Government, has, on an enquiry, held by it in accordance with such procedure as it may specify in this
behalf, reported that the Chairperson or a Member ought on such ground or grounds to be removed.
(3) The Central Government may suspend from office, the Chairperson or a Member of the Appellate
Tribunal in respect of whom a reference has been made to the Supreme Court under sub-section (2), until
the Central Government has passed an order on receipt of the report of the Supreme Court on such
reference.
1
[14GA. Qualifications, terms and conditions of service of Chairperson and Member.—
Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries
and allowances, resignation, removal and the other terms and conditions of service of the Chairperson and
other Members of the Appellate Tribunal appointed after the commencement of 2
[the Tribunals Reforms
Act, 2021, shall be governed by the provisions of Chapter II of the said Act]:
Provided that the Chairperson and Member appointed before the commencement of Part XIV of
Chapter VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act and the
rules made there under as if the provisions of section 184 of the Finance Act, 2017 had not come into
force.]
14H. Staff of Appellate Tribunal.—(1) The Central Government shall provide the Appellate
Tribunal with such officers and employees as it may deem fit.
(2) The officers and employees of the Appellate Tribunal shall discharge their functions under the
general superintendence of its Chairperson.
(3) The salaries and allowances and other conditions of service of the officers and employees of the
Appellate Tribunal shall be such as may be prescribed.
14-I. Distribution of business amongst Benches.—Where Benches are constituted, the Chairperson
of the Appellate Tribunal may, from time to time, by notification, make provisions as to the distribution
of the business of the Appellate Tribunal amongst the Benches and also provide for the matters which
may be dealt with by each Bench.
14J. Power of Chairperson to transfer cases.—On the application of any of the parties and after
notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion
without such notice, the Chairperson of the Appellate Tribunal may transfer any case pending before one
Bench, for disposal, to any other Bench.
14K. Decision to be by majority.—If the Members of a Bench consisting of two Members differ in
opinion on any point, they shall state the point or points on which they differ, and make a reference to the
Chairperson of the Appellate Tribunal who shall hear the point or points himself and such point or points
shall be decided according to the opinion of the majority who have heard the case, including those who
first heard it.
14L. Members, etc., to be public servants.—The Chairperson, Members and other officers and
employees of the Appellate Tribunal shall be deemed to be public servants within the meaning of section
21 of the Indian Penal Code (45 of 1860).
1. Ins. by Act 7 of 2017, s. 168 (w.e.f. 26-5-2017).
2. Subs. by Act 33 of 2021, s. 20, for “Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of
section 184 of that Act” (w.e.f. 4-4-2021).
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14M. Transfer of pending cases.—All applications, pending for adjudication of disputes before the
Authority immediately before the date of establishment of the Appellate Tribunal under this Act, shall
stand transferred on that date to such Tribunal:
Provided that all disputes being adjudicated under the provisions of Chapter IV as it stood
immediately before the commencement of the Telecom Regulatory Authority of India (Amendment)
Act, 2000 (2 of 2000), shall continue to be adjudicated by the Authority in accordance with the provisions
contained in that Chapter, till the establishment of the Appellate Tribunal under this Act:
Provided further that all cases referred to in the first proviso shall be transferred by the Authority to
the Appellate Tribunal immediately on its establishment under section 14.
14N. Transfer of appeals.—(1) All appeals pending before the High Court immediately before the
commencement of the Telecom Regulatory Authority of India (Amendment) Act, 2000 (2 of 2000), shall
stand transferred to the Appellate Tribunal on its establishment under section 14.
(2) Where any appeal stands transferred from the High Court to the Appellate Tribunal under
sub-section (1),—
(a) the High Court shall, as soon as may be after such transfer, forward the records of such appeal
to the Appellate Tribunal; and
(b) the Appellate Tribunal may, on receipt of such records, proceed to deal with such appeal, so
far as may be from the stage which was reached before such transfer or from any earlier stage or de
novo as the Appellate Tribunal may deem fit.
15. Civil court not to have jurisdiction.—No civil court shall have jurisdiction to entertain any suit
or proceeding in respect of any matter which the Appellate Tribunal is empowered by or under this Act to
determine and no injunction shall be granted by any court or other authority in respect of any action taken
or to be taken in pursuance of any power conferred by or under this Act.
16. Procedure and powers of Appellate Tribunal.—(1) The Appellate Tribunal shall not be bound
by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the
principles of natural justice and, subject to the other provisions of this Act, the Appellate Tribunal shall
have powers to regulate its own procedure.
(2) The Appellate Tribunal shall have, for the purposes of discharging its functions under this Act, the
same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while
trying a suit, in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of
1872), requisitioning any public record or document or a copy of such record or document, from any
office;
(e) issuing commissions for the examination of witnesses or documents;
(f) reviewing its decisions;
(g) dismissing an application for default or deciding it, ex parte;
(h) setting aside any order of dismissal of any application for default or any order passed by it, ex
parte; and
(i) any other matter which may be prescribed.
(3) Every proceeding before the Appellate Tribunal shall be deemed to be a judicial proceeding
within the meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code
(45 of 1860) and the Appellate Tribunal shall be deemed to be a civil court for the purposes of section 195
and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
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17. Right to legal representation.—The applicant or appellant may either appear in person or
authorise one or more chartered accountants or company secretaries or cost accountants or legal
practitioners or any of its officers to present his or its case before the Appellate Tribunal.
Explanation.—for the purposes of this section,—
(a) “chartered accountant” means a chartered accountant as defined in clause (b) of sub-section
(1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949) and who has obtained a
certificate of practice under sub-section (1) of section 6 of that Act;
(b) “company secretary” means a company secretary as defined in clause (c) of sub-section (1) of
section 2 of the Company Secretaries Act, 1980 (56 of 1980) and who has obtained a certificate of
practice under sub-section (1) of section 6 of that Act;
(c) “cost accountant” means a cost accountant as defined in clause (b) of sub-section (1) of
section 2 of the Cost and Works Accountants Act, 1959 (23 of 1959) and who has obtained a
certificate of practice under sub-section (1) of section 6 of that Act;
(d) “legal practitioner” means an advocate, vakil or an attorney of any High Court, and includes a
pleader in practice.
18. Appeal to Supreme Court.—(1) Notwithstanding anything contained in the Code of Civil
Procedure, 1908 (5 of 1908),or in any other law, an appeal shall lie against any order, not being an
interlocutory order, of the Appellate Tribunal to the Supreme Court on one or more of the grounds
specified in section 100 of that Code.
(2) No appeal shall lie against any decision or order made by the Appellate Tribunal with the consent
of the parties.
(3) Every appeal under this section shall be preferred within a period of ninety days from the date of
the decision or order appealed against:
Provided that the Supreme Court may entertain the appeal after the expiry of the said period of ninety
days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in
time.
19. Orders passed by Appellate Tribunal to be executable as a decree.—(1) An order passed by
the Appellate Tribunal under this Act shall be executable by the Appellate Tribunal as a decree of civil
court, and for this purpose, the Appellate Tribunal shall have all the powers of a civil court.
(2) Notwithstanding anything contained in sub-section(1), the Appellate Tribunal may transmit any
order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if
it were a decree made by that court.
20. Penalty for wilful failure to comply with orders of Appellate Tribunal.—If any person
wilfully fails to comply with the order of the Appellate Tribunal, he shall be punishable with fine which
may extend to one lakh rupees and in case of a second or subsequent offence with fine which may extend
to two lakh rupees and in the case of continuing contravention with additional fine which may extend to
two lakh rupees for every day during which such default continues.]