THE CABLE TELEVISION–NETWORKS (REGULATION)
ACT, 1995
(7 of 1995)
[25th March 1995]
Preliminary
1. Short title, extent and commencement.
2. Definitions.
Network
3. Cable television network not to be operated except after registration.
4. Registration as cable operator.
5. Programmer code.
6. Advertisement code.
7. Maintenance of register.
8. Compulsory transmission of two Doordarshan channels.
9. Use of Standard equipment in cable television network.
10. Cable television network not to interfere with any telecommunication
system.
Seizure and Confiscation of Certain Equipment
11. Power to seize equipment used for operating the cable television
network.
12. Confiscation.
13. Seizure or confiscation of interferes with other punishment.
14. Giving of opportunity to the cable operator of seized equipment.
15. Appeal.
Offences and Penalties
16. Punishment for contravention of provision of this Act.
17. Offences by companies.
18. Cognizance offences.
Miscellaneous
19. Power to prohibit transmission of certain programmes in public
interest.
20. Power to prohibit operation of cable television network in
public interest.
21. Application of other laws not barred.
22. Power to make rules.
23. Repeal and savings.
THE CABLE TELEVISION - NETWORKS (REGULATION)
ACT, 1995
(7 of 1995)
[25th March 1995]
Promulgated by the President in the Forty-fifth Year of the Republic
of India.
An Act to regulate the operation of cable television networks
in the country and for matters connected therewith or incidental
thereto.
Be it enacted by Parliament in the Forty-sixth year of the Republic
of India as follows:
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. -
(1) This Act may be called the Cable Television Networks (Regulation)
Act, 1995.
(2) It extends to the whole of India.
(3) It shall be deemed to have come into force on the 29th day
of September 1994.
2. Definitions -In this Act, 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 signal generation,
control and distribution equipment, designed to provide cable
service for reception by multiple subscribers;
(d) “Company” means a company as defined in Section
3 of the Companies Act, 1956 (I of 1956);
(e) “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;
(f) “Prescribed” means prescribed by rules made under
this Act;
(g) “Programme” means any television broadcast and
includes-
(i) Exhibition of films, features, dramas, advertisement 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 such authority
as the Central Government may, by notification 1in the Official
Gazette, specify to perform the functions of the registering authority
under this Act;
(i) “Subscriber” means a person who receives the
signals of cable television network at a place indicated by him
to the cable operator, without further transmitting it to any
other person.
1. Vide Notification No. S.O. 718 (E) Dated 29-9-1994, the Post
Master of a Head Post Office, of the area within whose jurisdiction
the office of Cable operator is situated notified to be registering
authority.
CHAPTER II
REGULATION OF CABLE TELEVISION NETWORK
3. Cable television network not to be operated except after registration-No
person shall operate a cable television network unless he is registered
as a cable operator under this Act.
Provided that a person operating a cable television network,
immediately before the commencement of this Act, may continue
to do so for a period of ninety days from such commencement; and
if he has made an application for registration as a cable operator
under Section 4 within the said period, till he is registered
under that section or the registering authority refuses to grant
registration to him under that section.
4. Registration as cable operator-
(1) Any person who is operating or is desirous of operating a
cable television network may apply for registration as a cable
operator to the registering authority.
(2) An application under sub-section (1) shall be made in such
form and be accompanied by such fee as may be prescribed.
(3) On receipt of the application, the registering authority
shall satisfy itself that the applicant has furnished all the
required information and on being so satisfied, register the applicant
as a cable operator and grant to him a certificate of such registration:
Provided that the registering authority may, for reasons to be
recorded in writing and communicated to the applicant, refuse
to grant registration to him if it is satisfied that he does not
fulfill the conditions specified in clause (e) of Section 2.
5. Programme code. -No person shall transmit or re-transmit through
a cable service any programme unless such programme is in conformity
with the prescribed programme code:
Provided that nothing in this section shall apply to the programmes
of foreign satellite channels which can be received without the
use -of any specialised gadgets or decoder.”
6. Advertisement code -No person shall transmit or re-transmit
through a cable service any advertisement unless such advertisement
is in conformity with the prescribed advertisement code:
Provided that nothing in this section shall apply to the programmes
of foreign satellite channels which can be received without the
use of any specialised gadgets or decoder.
7. Maintenance of register. -Every cable operator shall maintain
a register in the prescribed form indicating therein in brief
the programmes transmitted or re-transmitted through the cable
service during a month and such register shall be maintained by
the cable operator for a period of one year after the actual transmission
or re-transmission of the said programmes.
8. Compulsory transmission of two Doordarshan channels-
(1) Every cable operator using a dish antenna or Television Receiver
only shall, from the commencement of this Act, re-transmit at
least two Doordarshan channels of his choice through the cable
service.
(2) The Doordarshan channels referred to in sub-section (1) shall
be re-transmitted without any deletion or alteration of any programme
transmitted on such channels.
9. Use of Standard equipment in cable television network. -No
cable operator shah, on and from the date of the expiry of a period
of three years from the date of the establishment and publication
of the Indian Standard by the Bureau of Indian Standards in accordance
with the provisions of the Bureau of Indian Standards Act, 1986
(63 of 1986), use any equipment in his cable television network
unless such equipment conforms to the said Indian Standard.
10. Cable television network not to interfere with any telecommunication
system. -Every cable operator shall ensure that the cable television
network being operated by him does not interfere, in any way,
with the functioning of the authorised telecommunication systems.
CHAPTER III
SEIZURE AND CONFISCATION OF CERTAIN EQUIPMENT
11. Power to seize equipment used for operating the cable television
network. -
(1) If any officer, not below the rank of a Group 'A' officer
of the Central Government authorised in this behalf by the Government
(hereinafter referred to as the authorised officer), has reason
to believe that the provisions of Section 3 have been or are being
contravened by any cable operator, he may seize the equipment
being used by such cable operator for operating the cable television
network.
(2) No such equipment shall be retained by the authorised officer
for a period exceeding ten days from the date of its seizure unless
the approval of the District Judge, within the local limits of
whose jurisdiction such seizure has been made, has been obtained
for such retention.
12. Confiscation- The equipment seized under sub-section (1)
of Section 11 shall be liable to confiscation unless the cable
operator from whom the equipment has been seized registers himself
as a cable operator under Section 4 within a period of thirty
days from the date of seizure of the said equipment.
13. Seizure or confiscation of equipment not to interfere with
other punishment. -No seizure or confiscation of equipment referred
to in Section 11 or Section 12 shall prevent the infliction of
any punishment to which the person affected thereby is liable
under the provisions of this
14. Giving of opportunity to the cable operator of seized equipment,
(1) No order adjudicating confiscation of the equipment referred
to in Section 12 shall be made unless the cable operator has been
given a notice in writing informing him of the grounds on which
it is proposed to confiscate such equipment and giving him a reasonable
opportunity of making a representation in writing, within such
reasonable time as may be specified in the notice against the
confiscation and if he so desires of being heard in the matter:
Provided that where no such notice is given within a period of
ten days from the date of the seizure of the equipment, such equipment
shall be returned after the expiry of that period to the cable
operator from whose possession it was seized.
(2) Save as otherwise provided in sub-section (1), the provisions
of the Code of Civil Procedure, 1908 (5 of 1908) shall, so far
as may be, apply to every proceeding referred in sub-section (1).
15. Appeal. -
(1) Any person aggrieved by any decision of the court adjudicating
a confiscation of the equipment may prefer an appeal to the court
to which an appeal lies from the decision of such court
(2) The appellate court may, after giving the appellant an opportunity
of being heard, pass such order as it thinks fit confirming, modifying
or revising the decision appealed against or may send back the
case with such directions as it may think fit for a fresh decision
or adjudication, as the case may be, after taking additional evidence
if necessary.
(3) No further appeal shall lie against the order of the court
made under subsection
CHAPTER IV
OFFENCES AND PENALTIES
16. Punishment for contravention of provisions of this Act. -Whoever
contravenes any of the provisions of this Act shall be punishable,
-
(a) For the first offence, with imprisonment for a term, which
may extend to two years or with fine, which may extend to one
thousand rupees or with both;
(b) For every subsequent offence, with imprisonment for a term,
which may extend to five years and with fine, which may extend
to five thousand rupees.
17. Offences by companies. -
(1) Where an offence under this Act has been committed by a company,
every person who, at the time the offence was committed, was in
charge of, and was responsible to the company for the conduct
of the business of the company, as well as the company, shall
be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly:
Provided that nothing contained in this subsection shall render
any such person liable to any punishment, if he proves that the
offence was committed without his knowledge or that he had exercised
all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in. sub-section (1), where
any offence under this Act has been committed by a company and
it is proved that the offence has been committed with the consent
or connivance of, or is attributable to any negligence on the
part of, any director, manager, secretary or other officer of
the company, such director, manager, secretary or other officer
shall also be deemed to be guilty of that offence and shall be
liable to be proceeded against and punished accordingly
Explanation. -For the purposes of this section, -
(a) “Company” means any body corporate and includes
a firm or other association of individuals; and
(b) “Director” in relation to a firm, means a partner
in the firm.
18. Cognizance offences-No court shall take cognizance of any
offence punishable under this Act except upon a complaint in writing
made by such officer, not below the rank of a Group 'A' officer
of the Central Government, as the State Government may, by notification
in the Official Gazette, specify in this behalf.
CHAPTER V
MISCELLANEOUS
19. Power to prohibit transmission of certain programmes in public
interest- Where an officer, not below the rank of a Group 'A'
officer of the Central Government authorised by the State Government
in this behalf, thinks it necessary or expedient so to do in the
public interest, he may, by order, prohibit any cable operator
from transmitting or retransmitting any particular programme if
it is likely to promote, on grounds of religion, race, language,
caste or community or any other ground whatsoever, disharmony
or feelings of enmity, hatred or ill-will between different religious,
racial, linguistic or regional groups or castes or communities
or which is likely to disturb the public tranquility.
20. Power to prohibit operation of cable television network in
public interest. -Where the Central Government thinks it necessary
or expedient so to do in public interest, it may prohibit the
operation of any cable television network in such areas as it
may, by notification in the Official Gazette, specify in this
behalf.
21. Application of other laws not barred. -The provisions of
this Act shall be in addition to, and not in derogation of, the
Drugs and Cosmetics Act, 1940 (23 of 1940), the Pharmacy Act,
1948 (8 of 1948), the Emblems and Names (Prevention of Improper
Use) Act, 1950 (12 of 1950), the Drugs (Control) Act, 1950 (26
of 1050), the Cinematograph Act, 1952 (37 of 1952), the Drugs
and Magic Remedies (Objectionable Advertisements) Act, 1954 (21
of 1954), the Prevention of Food Adulteration Act, 1954 (37 of
1954), The Prize Competitions Act, 1955 (42 of 1955), the Copyright
Act 1957 (14 of 1957), the Trade and Merchandise Marks Act, 1958
(43 of 1958), the Indecent Representation of Women (Prohibition)
Act, 1986 (60 of 1986) and the Consumer Protection Act, 1986 (68
of 1986).
22. Power to make rules-
(1) The Central Government may, by notification in the Official
Gazette, make rules to carry out the provisions of this Act.
In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:
(a) The form of application and the fee payable under sub-section
(2) of Section 4;
(b) The programme code under Section 5;
(c) The advertisement code under Section 6;
(d) The form of register to be maintained by a cable operator
under Section 7; Any other matter which is required to be, or
may be, prescribed.
(3) Every rule made under this Act shall be laid, as soon as
may be after it is made, before each House of Parliament, while
it is in session, for a total period of thirty days which may
be comprised in one session or in two or more successive sessions,
and if, before the expiry of the session immediately following
the session or the successive sessions aforesaid, both Houses
agree in making any modification in the rule or both Houses agree
that the rule should not be made, the rule shall thereafter have
effect Only in such modified form or be of no effect, as the case
may be; so, however, that any such modification or annulment shall
be without prejudice to the validity of anything previously done
under that rule.
23. Repeal and savings.-
(1) The Cable Television Networks (Regulation) Ordinance, 1995
(3 of 1995) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action
taken under the said Ordinance shall be deemed to have been done
or taken under the corresponding provisions of this Act.
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