CABLE TELEVISION NETWORKS (REGULATION) ACT, 1995
| CABLE TELEVISION NETWORKS (REGULATION) ACT, 1995 | |
|---|---|
| Total Sections | 23 |
| Enforcement Year | 1995 |
| State or Central | Central |
| Editor | Template:USERNAME |
| ASSN: | 26032 |
CONTENTS
CHAPTER 1 :- PRELIMINARY
CHAPTER 2 :- REGULATION OF CABLE TELEVISION NETWORK
CHAPTER 3 :-S E I ZUREAND CONFISCATION OF CERTAIN
EQUIPMENT
CHAPTER 4 :- OFFENCES AND PENALTIES
CHAPTER 5 :- MISCELLANEOUS
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 1 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) "authorised officer" means, within his local limits of jurisdiction,
(i) a District Magistrate, or (ii) a Sub-divisional Magistrate, or (iii) a Commissioner of Police, and includes any other officer notified in the Official Gazette, by the Central Government or the State Government, to be an authorised officer for such local limits of jurisdiction as may be determined by that Government;.
(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 re-transmission 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 Companies Act, 1956 (1 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 percent of the paidup 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, 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 such authority as the Central Government may, by notification in 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.
CHAPTER 2 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 fulfil the conditions specified in clause (e) of Section 2 .
4A. Transmission of programmes through addressable system, etc. :-
(1) Where the Central Government is satisfied that it is necessary in the public interest so to do. it may, by notification in the Official Gazette, make it obligatory for every cable operator to transmit or retransmit programme of any pay channel through an addressable system with effect from such date as may be specified in the notification and different dates may be specified for different States, cities, towns or areas, as the case may be.
(2) If the Central Government is satisfied that it is necessary in the public interest so to do, it may, by notification in the Official Gazette, specify one or more free-to-air channels to be included in the package of channels forming basic service tier and any or more such channels may be specified, in the notification, genre-wise for providing a programme mix of entertainment, information, education and such other programmes.
(3) The Central Government may specify in the notification referred to in subsection (2), the number of free-to-air channels to be included in the package of channels forming basic service tier for the purposes of that sub-section and different number?; may be specified for different States, cities, towns or areas, as the case may be. (4) If the Central Government is satisfied that it is necessary in the public interest so to do, it may, by notification in the Official Gazette, specify the maximum amount which a cable operator may demand from the subscriber for receiving the programmes transmitted in the basic service tier provided by such cable operator.
(5) Notwithstanding anything contained in sub-section (4), the Central Government may, for the purposes of that sub-section, specify in the notification referred to in that sub-section different maximum amounts for different States, cities, towns or areas, as the case may be.
(6) Notwithstanding anything contained in this section, programmes of basic service tier shall be receivable by any subscriber on the receiver set of a type existing immediately before the commencement of the Cable Television Networks (Regulation) Amendment Act, 2002 without any addressable system attached with such receiver set in any manner.
(7) Every cable operator shall publicise, in the prescribed manner, to the subscribers the subscription rates and the periodic intervals at which such subscriptions are payable for receiving each pay channel provided by such cable operator.
(8) The cable operator shall not require any subscriber to have a receiver set of a particular type to receive signals of cable television network : Provided that the subscriber shall use an addressable system to be attached to his receiver set for receiving programmes transmitted on pay channel.
(9) Every cable operator shall submit a report to the Central Government in the prescribed form and manner containing the information regarding
(i) the number of total subscribers; (ii) subscription rates; (iii) number of subscribers receiving programmes transmitted in basic service tier or particular programme or set of programmes transmitted on pay channel,
Explanation. For the purposes of this section,
(a) "addressable system" means an electronic device or more than
one electronic devices put in an integrated system through which
signals of cable television network can be sent in encrypted or
unencrypted form. which can be decoded by the device or devices
at the premises of the subscriber within the limits of authorisation
made, on the choice and request of such subscriber, by the cable
operator to the subscriber;
(b) "basic service tier" means a package of free-to-air channels provided by u cable operator, for a single price to the subscribers of the area in which his cable television network is providing service and such channels are receivable for viewing by the subscribers on the receiver set of a type existing immediately before the commencement of the Cable Television Networks (Regulation) Amendment Act, 2002 without any addressable system attached to such receiver set in any manner;
(c) "channel" means a set of frequencies used for transmission of a programme;
(d) "encrypted", in respect of a signal of cable television network, means the changing of such signal in a systematic way so that the signal would be unintelligible without a suitable receiving equipment and the expression "unencrypted" shall be construed accordingly;
(e) "free-to-air channel", in respect of a cable television network, means a channel, the reception of which would not require the use of any addressable system, to be attached with the receiver set of a subscriber;
(f) "pay channel", in respect of a cable television network, means a channel, the reception of which by the subscriber would require the use of an addressable system, to be attached to his receiver set.
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: .
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 :
7. Maintenance of register :- Every cable operator shall maintain a register in the prescribed form indicating therein in brief the programmes transmitted or retransmitted through the cable service during a month and suchregister 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 Doordarshan channels :- 1 (1) Every cable operator shall re-transmit, (i) channels operated by or on behalf of Parliament in the manner and name as may be specified by the Central Government by notification in the Official Gazette; (ii) at least two Doordarshan territorial channels and one regional language channel of a State in the prime band, in satellite mode on frequencies other than those carrying terrestrial frequencies. (2) The channels referred to in sub-sec. (1) shall be re-transmitted without any deletion or alteration of any programme transmitted on
such channels.".
(3) The Prasar Bharati (Broadcasting Corporation of India) established under sub-section (1) of Section 3 of the Prasar Bharati (Broadcasting Corporation of India) Act, 1990 (25 of 1990) may, by notification in the Official Gazette, specify the number and name of every Doordarshan channel to be re-transmitted by cable operators in their cable service and the manner of reception and retransmission of such channels." In Section 8, for sub-section (1) and (2), shall be substituted, in place of :-
(1) Every cable operator shall, from the commencement
of the Cable Television Networks (Regulation) Amendment Act, 2000, re-transmit at least two Doordarshan terrestrial channels and one regional language channel of a State in the prime band, in satellite mode on frequencies other than those carrying terrestrial frequencies.
(2) The Doordarshan channels referred to in subsection (1) shall be re-transmitted without any deletion or alteration of any programme transmitted on such channels.] by the Cable Television Networks (Regulation) Amendment Act, 2007(25 of 2007 ), Gaz. of India, Exty., Pt. II-Sec. 1, No. 30, Dated on. 29th. May, 2007, p. 1.] = 2007 CCS/P. 513/H. 206.
9. Use of standard equipment in cable television network :- No cable operator shall, 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 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.
Provided that the equipment required for the purposes of Section 4-A shall be installed by cable operator in his cable television network within six months from the date, specified in the notification issued under sub-section (1) of that section, in accordance with the provisions of the said Act for said purposes.
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 3
SEIZURE AND CONFISCATION OF CERTAIN EQUIPMENT
11. Power to seize equipment used for operating the cable
television network :-
"(1) If any authorised officer has reason to believe that the
provisions of [Sections 3, 4-A], 5, 6 or 8 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
Act.
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
d a y s 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 to 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 sub-section (2).
CHAPTER 4
OFFENCES AND PENALTIES
16. Punishment for contravention of the provisions of this
Act :-
(1)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.
(2) Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974), the contravention of Section 4-A shall
be a cognizable offence under this section.
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 sub-section 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.
18. Cognizance of offences :-
No Court shall take cognizance of any offence punishable under this Act except upon a complaint in writing made "by any authorised officer"
CHAPTER 5
MISCELLANEOUS
19. Power to prohibit transmission of certain programmes
in public interest :-
Where "any authorised officer", thinks it necessary or expedient so
to do in the public interest, he may, by order, prohibit any cable
operator from transmitting or re-transmitting "any programme or
channel if, it is not in conformity with the prescribed programme
code referred to in Section 5 and advertisement code referred to in
Section 6 or 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 disturbs or is likely to disturb the public
tranquillity.
20. Power to prohibit operation of cable television network
in public interest :-
(1)Where the Central Government thinks it necessary or expedient
so to do in the 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.
"(2) Where the Central Government thinks it necessary or
expedient so to do in the interest of the (i) sovereignty or integrity
of India; or (ii) security of India; or (iii) friendly relations of India
with any foreign State; or (iv) public order, decency or morality, it
may, by order, regulate or prohibit the transmission or retransmission of any channel or programme.
(3) Where the Central Government considers that any programme
of any channel is not in conformity with the prescribed programme
code referred to in Section 5 or the prescribed advertisement code
referred to in Section 6, it may by order, regulate or prohibit the
transmission or re-transmission of such programme."
21. Application of other laws not barred :-
The provisions of this Act shall be in addition to, and not in derogation of, Drugs and Cosmetics Act, 1940 (23 of 1940), Pharmacy Act, 1948 (8 of 1948), Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of 1950), Drugs (Control) Act, 1950 (26 of 1950), Cinematograph Act, 1952 (37 of 1952), Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954(21 of 1954), Prevention of Food Adulteration Act, 1954 (37 of 1954), Prize Competitions Act, 1955 (42 of 1955), Copyright Act, 1957 (14 of 1957), Trade and Merchandise Marks Act, 1958 (43 of 1958), Indecent Representation of Women (Prohibition) Act, 1986 (60 of 1986) and 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.
(2) 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 ; (aa) the manner of publicising the subscription rates and the periodical intervals at which such subscriptions are payable under sub-section (7) of Section 4-A; (aaa) the form and manner of submitting report under sub-section (9) of Section 4-A and the interval at which such report shall be submitted periodically under that subsection; (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; (e) 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 ffect 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 Network (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 provision of this Act.
