THE CABLE TELEVISION NETWORKS RULES, 1994
CONTENTS
1. Short title and commencement
2. Definitions
3. Application for registration as a cable television network
in India
4. Examination of applications
5. Registration
6. Programme code
7. Advertising code
8. Register
Form of application for registration/ renewal of registration
issue of duplicate certificate of registration as a cable operator
Declaration for registration/renewal as a cable operator
Registration Certificate Number
Duplicate Registration Certificate
Intimation for non-registration
Form of register to be maintained by each cable operator
THE CABLE TELEVISION NETWORKS RULES, 1994
G.S.R. 729 (E), dated the 29th September, 1994.1- In exercise
of the powers conferred by sub-section (1) of Sec. 22 of the Cable
Television Networks (Regulation) Ordinance, 1994 (Ordinance No.
9 of 1994), the Central Government makes the following rules,
namely: -
1. Published in the Gazette of India, Extraordinary, Pt. II,
Sec. 3 (i), dated 29th September, 1994.
1. Short title and commencements-
(1) These rules may be called the Cable Television Networks Rules,
1994.
(2) They shall come into force on the date of their publication
in the Official Gazette.
2. Definitions. -In these rules unless the context otherwise
requires: -
(a) “Cable operator”‘ means any person who
provides cable service through a cable television network or otherwise
controls or is responsible for the management and operation of
a cable television network;
(b) “Cable service” means the transmission by cables
of programmes including retransmission by cables of any broadcast
television signals;
(c) “Cable television network” means any system consisting
of a set of closed transmission paths and associated signals generation,
control and distribution equipment, designed to provide cable
service for reception by multiple subscribers;
(d) “Company” means a company defined in Sec. 3 of
the Companies Act, 1956;
(e) “Form” means form appended to these rules-,
(f) “Person” means: -
(i) An individual who is a citizen of India;
(ii) An association of individuals or body of individuals, whether
incorporated or not, whose members are citizens of India;
(iii) A company in which not less than fifty-one per cent of
the paid-up share capital is held by the citizens of India;
(g) “Programme” means any television broadcast and
includes
(i) Exhibition of films, features, dramas, advertisements and
serials through video cassette recorders or video cassette players;
(ii) Any audio or visual or audio-visual live performance or
presentation
And the expression “programming service” shall be
construed accordingly;
(h) “Registering authority” means the registering
authority notified under, Cl. (h) of Sec. 2 of the Cable Television
Networks (Regulation) Ordinance, 1994;
(i) “Subscriber” means a person who receives the
signal of cable television network at a place indicated by him
to the cable operator without further transmitting it to any other
person.
3. Application for registration as a cable television network
in India. -
(1) Every application for registration as a cable television
network in India shall be made in writing in Form I and shall
be renewable after every twelve months.
(2) The application shall be addressed to the registering authority
and delivered to his office in Form 1.
1[(3) (a) Every application for registration or renewal of registration
shall be accompanied by-
(i) A fee of rupees five hundred only: and
(ii) The requisite documents mentioned in Form 1 and Form 2.
(b) Every application for issue of duplicate certificate or registration
shall be accompanied by-
(i) A fee of rupees two hundred and fifty only; and
(ii) The requisite documents mentioned in Form 1.
(4) The amount of fee shall be deposited in the Head Post Office
where the application for registration or renewal of registration
or issue of duplicate certificate of registration is being made.
(5) The amount of the fees shall be deposited under the Head
“Un-Classified Receipts (U.C.R.).]
1. Subs. by G.S.R. 459 (E), dated 8th October, 1996 (w.e.f. 8th
October, 1996).
4. Examination of applications. -On receipt of an application
under rule 3 the registering authority shall examine the application
having regard to the provisions of See, 4 of the Ordinance.
5. Registration. -
1[(l) On being satisfied that the applicant fulfils the provisions
of the Ordinance, the registering authority shall issue a registration
certificate in Form 3:
Provided that where the registering authority is satisfied that
the registration cannot be granted to the applicant, he shall
inform the applicant in Form 4.
2[On receipt of an application under Cl. (b) of sub-rule (3)
of rule 3 for issue of duplicate certificate the Registering Authority
shall examine the application having regard to the provision of
rule 3 and shall issue a duplicate Registration Certificate in
Form 3-A.]
1. Re-numbered by ibid.
2. Ins. by ibid.
6. Programme code. -No programme should be carried in the cable
service which -
(a) Offends against good taste or decency;
(b) Contains criticism of friendly countries;
(c) Contains attack on religions or communities or visuals or
words contemptuous of religious groups or which promote communal
attitudes;
(d) Contains anything obscene, defamatory, deliberate, false
and suggestive innuendos and half-truths;
(e) Is likely to encourage or incite violence or contains anything
against maintenance of law and order or which promote anti-national
attitudes;
(f) Contains anything amounting to contempt of Court:
(g) Contains aspersions against the integrity of the President
and Judiciary:
(h) Contains anything affecting the integrity of the Nation-,
(i) Criticizes, maligns or slanders any individual in person
or certain groups, segments of social, public and moral life of
the country;
(j) Encourages superstition or blind belief,
(k) Denigrates women through the depiction in any manner of the
figure of a woman, her form or body or any part thereof in such
a way as to have the effect of being indecent, or derogatory to
women, or is likely to deprave, corrupt or injure the public morality
or morals;
(l) Denigrates children;
(m) Contains visuals or words which reflect a slandering, ironical
-and snobbish attitude in the portrayal of certain ethnic, linguistic
and regional groups:
(n) Contravenes the provisions of the Cinematograph Act, 1952.
(2) The cable operator should strive to carry programmes in his
cable service which project women in a positive, leadership role
of sobriety, moral and character building qualities.
(3) Programmes meant for adults should normally be carried in
the cable service after 11 p.m. and before 6 a.m.
(4) Care should be taken to ensure that programmes meant for
children do not contain any bad language or explicit scenes of
violence.
(5) Programmes unsuitable for children must not be carried in
the cable service at times when the
largest number of children are viewing.
7. Advertising Code. -
(1) Advertising carried in the cable service shall be so designed
as to conform to the laws of the country and should not offend
morality, decency and religious susceptibilities of the subscribers.
(2) No advertisement shall be permitted which:
(i) Derides any race, caste, colour, creed and nationality,
(ii) Is against any provisions of the Constitution of India;
(iii) Tends to incite people to crime, cause disorder or violence
or breach of law or glorifies violence or obscenity in any way;
(iv) Presents criminality as desirable;
(v) Exploits the national emblem, or any part of the Constitution
or the person or personality of a national leader or a State dignitary;
(vi) In its depiction of women violates the constitutional guarantees
to all citizens. In particular, no advertisement shall be permitted
image of women. Women must not be portrayed in a manner that emphasizes
passive, submissive qualities and encourages them to play a subordinate,
secondary role in the family and society. The cable operator shall
ensure that the portrayal of the female form, in the programmes
carried in his cable service is tasteful and aesthetic, and is
within the well-established norms of good taste and decency;
(vii) Exploits social evils like dowry, child marriage.
(3) No advertisement shall be permitted ‘ the objects whereof
are wholly or mainly of a religious or political nature; advertisements
must not be directed towards any religious or political end.
(4) The goods or services advertised shall not suffer from any
defect or deficiency as mentioned in Consumer Protection Act,
1986.
(5) No advertisement shall contain references which are likely
to lead the public to infer that the product advertised or any
of its ingredients has some special or miraculous or supernatural
property or quality which is difficult of being proved.
(6) The picture and the audible matter of the advertisement shall
not be excessively ‘loud’.
(7) No advertisement which endangers the safety of children or
creates in them any interest in unhealthy practices or shows them
begging or in an undignified or indecent manner shall not be carried
in the cable service.
(8) Indecent, vulgar, suggestive, repulsive or offensive themes
or treatment shall be avoided in all advertisements.
(9) No advertisement which violates the standards of practice
for advertising agencies as approved by the Advertising Agencies
Association of India, Bombay from time to time shall be carried
in the cable service.
(10) All advertisements should be clearly distinguishable from
the programmes and should not in any manner interfere with the
programme viz, use of lower part of screen to carry captions,
static or moving alongside the programme.
8. Register. -Each cable operator shall maintain a register in
Form 5 for each month of the Year for which the registration is
granted.
1[FORM 1
[See rule 3 (1)]
(To be submitted in duplicate)
Form of application for registration/renewal of registration/issue
of
duplicate certification of registration as a cable operator.
1. Subs. by G.S.R. 459 (E), dated 8th October, 1996 (w.e.f. 8th
October, 1996).
To
The Head Postmaster
Head Post Office
.............................
Application for registration/renewal of registration/issue of
duplicate certificate of registration as cable operator./issue
of duplicate.
1. (a) Name of applicant (individual/firm/company/association
of persons/body of individuals)
2. (a) Address (office)
(b) Telephone number (if any)
3. (a) Nationality for individual applicants/body of individuals)
(b) By birth/domicile
4. (a) Amount of fee for ‘registration/renewal/issue of
duplicate certificate Rs.............
(b) Name of Head Post Office.............
Area in which cable television network is working/proposed to
be setup……………..
6. Date from which the cable television network is operating/proposed
to be set up……..
7. Number of channels being provided/proposed to be provided
(with names)……….
8. (a) Whether using Television Receive Only (TVRO) Yes/No
(b) If yes, number and size of TVRO…………..
(c) Location…………
9. Names of Doordarshan satellite channels included in cable
service
10. Copy of earlier registration certificate enclosed Yes/No
(To be filled in only for renewal o registration)
11. (a) State reasons for issue of duplicate certificate of registration………….
(Attach mutilated or defaced certificate of registration/copy
of report made to the policy in case of theft or loss of the original
certificate).
(b) Period of validity of the original Registration Certificate
for which the duplicate Registration Certificate is being sought
12. Declaration in Form 2. enclosed Yes/No
(To be filled in for (registration/renewal of registration only)
(To be filled in only for issue of duplicate Registration Certificate).
I/We…………..the applicants) (individual/fin-n/company/association
of persons/body of individuals) do hereby declare that the above
facts are correct in all respects.
Signature of Applicant.
*(individual/firm/company/association of persons/body
of individuals)
Place:
Name………….
Date:
Address…………
*Score out the word or words which are not applicable”.)
FORM 2
Declaration for registration renewal as a cable operator
[See rule 3 (1-3)]
I/We………………..The applicant(s)
(individual/firm/company/association of persons/body of individuals)*for
registration as a cable operator/renewal of registration as a
cable of operator do hereby declare that-
(i) I/We shall ensure that my/our cable television network shall
be run in accordance with the provisions of the Cable Television
Networks (Regulation) Ordinance, 1994 at all times.
(ii) I/We shall not permit/associate any person who is not eligible
to run cable television network under the Cable Television Networks
(Regulation) Ordinance, 1994 to r-un/with the running of my/our
cable television network.
(iii) I/We shall strive to the best of my/our ability to provide
cable service to the satisfaction of the subscriber(s) of my/our
cable television network.
(iv) I/We shall strive to the best of my/our ability to ensure
that my/our cable television network is not used for any unlawful
purpose.
(v) I/We shall obtain the necessary approval/clearance from the
relevant authority for the running of my/our cable television
network.
(vi) I/We shall abide by any direction issued by the Central
Government in respect of the running of a cable television network
within India.
Signature of Applicant
(individual/firm/company/association
of persons/body of individuals)
Name………………………………………
Address…………………………………
Date :
Place :
*Score Out the word or words which are not applicable.
FORM 3
[See rule 5]
Government of India
Head Post Office
Registration Certificate Number
Shri/Shrimati/M/s…………………..
resident of …………..is registered as a cable
operator (individual, fin-n, company, association of persons or
body of individuals)* for running a cable television network at
the following address... ... ... .... in the city/town of………………for
a period of twelve months with effect from…………His
Registration Number is…………………….
2. This Certificate is only valid for the premises stated above.
3. This Registration Certificate is not transferable.
4. The Certificate shall remain valid for the period indicated
above or till the holder carries on the cable service or where
the surrender of the certificate is accepted by the competent
authority.
Head Post Master
Head Post Office
Place………………..
Date…………………. …………………………(town/city)
TO BE DISPLAYED PROMINENTLY ON THE PREMISES
OF THE CABLE OPERATOR
*Tick whichever is appopriate.
1 [FORM 3-A
[See Rule 5 (2)]
Government of India
Head Post Office
Duplicate Registration Certificate
1. Ins. by G.S.R. 459 (El, dated 8th October, 1996 (w.e.f. 8th
October, 1996).
1. Shri/Shrimati/M/s…………. resident of………..is
registered as a cable operator (individual/firm/company/association
of persons or body of individuals) for running a cable television
network at the following address …………………...
in the city/town of ……… for a period of twelve
months with effect from………. ………….(date
from which the original Registration Certificate was valid).
His Registration Number is……………….
2. This Registration Number is……………
3. This Registration Certificate is not transferable.
4. The Certificate shall remain valid for the period indicated
above or till the holder carries on the cable service or where
the surrender of the certificate is accepted by the competent
authority.
Place…………………
Head Post Master
Head Post Office
Date………………... ….. ………(town/city)
To be displayed prominently on the premises of the cable operator
*Tick whichever is appropriate.]
FORM 4
[See proviso to rule 5 (3)]
Intimation for non-registration
To
.....................................
Sir
Reference your application dated……………for
registration as a cable operator.
The necessary registration cannot be granted to you for the following
reason(s)
(i) Application is incomplete.
(ii) Registration fee has not been tendered.
(iii) Applicant is not a citizen of India.
(iv) Less than fifty-one per cent. of the paid-up share capital
of the applicant company is held by citizens of India.
Head Post Master
Head Post Office
Place…………………..
Date……………………
FORM 5
(See rule 8)
Form of register to be maintained by each cable operator.
Sl. No. |
Encrypted channel/Programme |
Duration |
Date |
Month |
Year |
|
|
|
From |
To |
|
|
|
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
|
|
|
|
|
|
|
Signature of Cable Operator.
NOTIEFICATION
[29th September, 1994]
S.O. 718 (E).-In exercise of the powers conferred by Cl. (h)
of Sec. 2 of the Cable Television Networks (Regulation) Ordinance
19941, the Central Government hereby notifies the Head Post Master
of a Head Post Office, of the area within whose territorial jurisdiction
the office of the Cable Operator is situated, as the Registering
Authority for dregistering cable television networks in the said
area for the purposes of the said Ordinance.
1. Now the Cable Television Networks (Regulation) Act, 1955.
Home
HOME 