A DRAFT OF THE PROPOSED BROADCASTING SERVICES REGULATION BILL, 2006

BILL

To promote facilitate and develop in an orderly manner the carriage and content of Broadcasting,

To provide for regulation of broadcasting services in India for offering a variety of entertainment, news, views and information in a fair, objective and competitive manner and to provide for regulation of content for public viewing and matters connected therewith or incidental thereto.

To provide for the establishment of an independent authority to be known as the Broadcast Regulatory Authority of India for the purpose of regulating and facilitating development of broadcasting services in India

Whereas airwaves are public property and it is felt necessary to regulate the use of such airwaves in national and public interest, particularly with a view to ensuring proper dissemination of content and in the widest possible manner;

Whereas Government has issued guidelines from time to time, with the approval of the Union Cabinet, for regulating the Broadcasting Services and it is felt necessary to give a statutory effect to these guidelines with retrospective effect;

BE it enacted by Parliament in the Fifty –Eighth Year of the Republic of India as follows: -

CHAPTER 1

PRELIMINARY

1. Short title, extent and commencement: (1) This Act may be called the Broadcasting Services Regulation Act, 2006.

(2) It extends to the whole of India.

(3) It shall come into force with immediate effect.

2. Definitions: In this Act, unless the context otherwise requires: -

(a) “Authority” means the Broadcasting Regulatory Authority of India established under section 12;

(b) “Authorized 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 by the Central Government or State Government or the Authority, to be an authorized office for such local limits of jurisdiction as may be determined by that Government or Authority.

(c) “Broadcaster” means any person who provides a content broadcasting service and includes a broadcasting network service provider when he manages and operates his own television or radio channel service.

(d) “Broadcasting” means assembling and programming any form of communication content like signs, signals, writing, pictures, images and sounds, and either placing it in electronic form on electro-magnetic waves on specified frequencies and transmitting it through space or cables to make it continuously available on the carrier waves, or continuously streaming it in digital data form on the computer networks, so as to be accessible to single or multiple users through receiving devices either directly or indirectly; and all its grammatical variations and cognate expressions;

(e) “Broadcasting Service” means assembling, programming and placing communication content in electronic form on the electro-magnetic waves on specified frequencies and transmitting it continuously through broadcasting network or networks so as to enable all or any of the multiple users to access it by connecting their receiver devices to their respective broadcasting networks, and includes all the content broadcasting services and the broadcasting network services;

(f) “Broadcasting Network Service” means a service, which provides a network of infrastructure of cables or transmitting devices for carrying broadcasting content in electronic form on specified frequencies by means of guided or unguided electromagnetic waves to multiple users, and includes the management and operation of any of the following:

i. Teleport / Hub / Earth Station

ii. Direct-to-Home (DTH) Broadcasting Network

iii. Multi-System Cable Television Network.

iv. Local Cable Television Network

v. Satellite Radio Broadcasting Network

vi. Such other Network Service as may be prescribed by the Central Government

(g) “Cable Operator” means any person who manages and operates, or is otherwise responsible for, a multi-system or a local cable television network

(h) “Cable television channel service” means the assembly, programming and transmission by cables of any broadcast television content on a given set of frequencies to multiple subscribers.

(i) “Cable Television Network” means any system consisting of closed transmission paths and associated signal generation, control and distribution equipment, designed to receive and re-transmit television channels or programs for reception by multiple subscribers;

(j) “Carrier” means the electro-magnetic waves that can travel on air or cable and are capable of carrying communication content in electronic form on specified frequencies

(k) “Chairperson’ means the Chairperson of the Authority appointed under section 13;

(l) “Channel” means a set of frequencies used for transmission of a programme;

(m) “Competent Authority” means the Authority designated by the Government for the purpose of this Act;

(n) “Community radio service” means terrestrial radio broadcasting intended and restricted only to a specific community & within specified territory;

(o) “Content” means any sound, text, data, picture (still or moving), other audio-visual representation, signal or intelligence of any nature or any combination thereof which is capable of being created, processed, stored, retrieved or communicated electronically;

(p) “Content Broadcasting service” means the assembling, programming and placing content in electronic form and transmitting or re-transmitting the same on electro-magnetic waves on specified frequencies, on a broadcasting network so as to make it available for access by multiple users by connecting their receiving devices to the network, and includes the management and operation of any of the following:

i. Terrestrial television service;

ii. Terrestrial radio service;

iii. Satellite television service;

iv. Satellite radio service;

v. Cable television channel service;

vi. Community radio service;

vii. Such other content broadcasting services as may be prescribed by the Central Government.

(q) “Decoder” means an equipment for decoding an encrypted channel to facilitate its intelligible reception;

(r) “Direct-To-Home Broadcasting Service” means a service for multi channel distribution of programmes direct to subscriber’s premises without the help of a local delivery system by uplinking to a satellite system specified for the purpose by the Competent Authority;

(s) “Downlinking” with reference to satellite broadcast or DTH Broadcasting service means reception of programmes transmitted from a satellite to an earth station or a receiving device;

(t) “Encrypted” means treated electronically or otherwise for the purpose of preventing intelligible reception by unauthorized persons;

(u) “Frequency” means frequency of electro-magnetic waves used for transmission of broadcasting service;

(v) “Foreign satellite broadcasting service’ means a broadcasting service provided by using a satellite, up linked from a foreign country and receivable in India;

(w) “Free-to-air broadcasting service” means a non encrypted broadcasting service made available for reception by receiving apparatus commonly available to the public without requiring payment of a subscription fee;

(x) “License” means a license issued for any of the broadcasting services by the relevant Licensing Authority prescribed by the Central Government under this Act;

(y) “Licensing Authority” means an officer of the Central Government or the Authority, so notified by the Central Government in respect of any of the broadcasting services and for such limits of jurisdiction as may be determined by the Government.

~~(z)~~ “Licensed service” means a broadcasting service licensed by the Central Government or the Authority, as the case may be, under this Act

(aa) “Local cable operator” means any person who manages and operates or is responsible for the management and operation of a cable television network to provide a cable television service to multiple subscribers in a particular area

(bb) “Local Delivery service” means a service for multi-channel downlinking and distribution of television programmes by a land based transmission system using wired cable or wireless cable or a combination of both for simultaneous reception either by multiple subscribers directly or through one or more local cable operators

(cc) “Member” means a Whole-time Member or a Part-time Member, as the case may be, of the Authority referred to in section 13 and includes the Chairperson;

(dd) “Multi-System Cable Television Network” means a system for multi-channel downlinking and distribution of television programmes by a land based transmission system using wired cable or wireless cable or a combination of both for simultaneous reception either by multiple subscribers directly or through one or more local cable operators

(ee) “Multi System Operator (MSO)” means any person who manages and operates a multi-system cable television network to provide a cable television service to multiple subscribers, which may or may not include other value added services including telecommunications and Internet.

(ff) “Network operator” means any person who provides a broadcasting network service.

(gg) “News and Current Affairs Channel” means a channel that broadcasts programs containing reports and comments on recent events, ideas, individuals and institutions dealing with political, social, economic and such other subjects as are of general interest to the public at large, but does not include a channel that exclusively broadcasts scientific, cultural, educational or entertainment programs including news relating thereto.

(hh) “Notification” means a notification published in the official Gazette or posted on the official web site of the Ministry of Information & Broadcasting or of the Authority, as the case may be, and the expression “notified” to be construed accordingly;

(ii) “Prescribed” means prescribed by rules notified under this Act;

(jj) “Private communication” means:

(a) A communication between two or more persons that is of a private or domestic nature;

(b) An internal communication of a business, government agency or other of a business, government agency or other organization for the purpose of the operation of the business, agency or organization; and

(kk) “ Program” in relation to broadcasting service, means:

(i) Any matter the purpose of which is related to entertain, educate or inform public or

(ii) Any advertising or sponsorship matter, whether or not of a commercial kind;

But does not include any matter that is wholly related to or connected with any private communication.

(ll) “Public service broadcaster” means any entity whose primary objective is to provide broadcasting content to the public that is socially and culturally relevant and in public interest and welfare;

(mm) “Registered channel” means a broadcasting channel registered under this Act

(nn) “Regulations” means regulations made by the Authority under this Act;

(oo) “Satellite television service” means a television broadcasting service provided by using a satellite, and received with or without the help of a local delivery system but does not include Direct-to-Home delivery service;

Explanation: Decision of the Authority whether a particular service falls in the category of a satellite broadcasting service or a Direct-to-Home delivery service shall be final.

(pp) “Satellite radio service” means a radio broadcasting service provided by using a satellite and directly receivable through receiver sets by multiple subscribers in India;

(qq) “Secretary” means the Secretary appointed under sub-section (1) of Section 20;

(rr) “Service provider” means provider of a broadcasting service;

(ss) “Subscriber” of a service means a person who receives the service at a place indicated by him without further transmitting it to any other person;

(tt) “Subscription fee” means any form of consideration given by subscriber;

(uu) “Terrestrial television service” means a television broadcasting service provided over the air by using a land based transmitter and directly received through receiver sets by the public but does not include a local delivery service;

Explanation: Decision of the Authority whether a particular service falls in the category of a terrestrial television service or a local delivery service shall be final;

(vv)“Terrestrial radio service” means a radio broadcasting service for provided over the air by using a land-based transmitter and directly received through receiver sets by the public;

(ww) “Whole-time Member” means a Whole-time Member of the Authority appointed under section 13;

(xx)“Wireless cable” means a land based wireless transmission system used for multi-point multi-channel distribution of programmes on frequencies designated for the purpose by the Competent Authority;

(yy)“Uplinking” with reference to satellite broadcast or Direct-to-Home service means uplinking of programme transmission from an earth station or a transmitting device to the satellite;

(zz)“Year” means the financial year.

CHAPTER 2

REGULATION OF BROADCASTING SERVICES

3. Broadcasting services not without license: (1) No person shall, after the commencement of this Act, provide any broadcasting service, or broadcast any program or channel, without obtaining a license for such service or permission for such program or registration of such channel, in accordance with the policy guidelines prescribed under this Act for regulating such broadcasting service, program or channel.

Provided that the cable operators registered under the Cable Television Networks (Regulation) Act, 1995 may continue to provide cable services in accordance with the conditions laid down in section 49 of this Act;

Provided further that the permissions issued, license agreements signed with private operators, and registration of channels done, by the Central Government, from time to time under respective guidelines listed under sub-section (3) of this section, read with Indian Telegraph Act, 1885, prior to the commencement of this Act shall be deemed to be licenses issued under the provisions of this Act from the respective dates of issue of such permission or signing of such license agreement, or registration of such television channel, and shall be valid till the date of expiry of the original permission or license agreement or registration, as the case may be, or till the expiry of one year from the date of commencement of this Act, whichever is earlier, notwithstanding anything contained in this Act or any other law for the time being in force.

Provided further that the Central Government may, by notification, exempt a Public Service Broadcaster or such other category of broadcasters, as may be specified, from all or any of the provisions of this Act.

Provided further that the Government may, by notification, exempt such non-commercial establishments under common ownership from obtaining a license for a Local Delivery Service without using wireless cable, for the purpose of providing such service for the exclusive use of their members subject to such conditions and restrictions as may be specified.

(2) Notwithstanding anything contained in this Act or any other law for the time being in force, the guidelines issued by the Central Government, as specified in sub-section (3) below, and orders issued there under shall be deemed to have been issued as Rules under this Act and all actions taken by Central Government or any other person in pursuance of these guidelines, shall be deemed to have been taken under this Act.

(3) The following guidelines issued by the Central Government from time to time shall be deemed to have been issued as Rules under this Act:

(i) Uplinking Guidelines of 2000

(ii) FM Radio Policy for private agencies of 2000 (Phase 1)

(iii) DTH Policy Guidelines of 2001

(iv) SNG/DSNG Use Guidelines of 2002

(v) Community Radio Policy of 2002

(vi) Revision of Uplinking Policy Guidelines of March 2003

(vii) Revision of Uplinking Policy Guidelines of August 2003

(viii) FM Radio Policy Phase 2 of July 2005

(ix) Downlinking Guidelines of November 2005

(x) Consolidated Uplinking Guidelines of December 2005

4. Registration of channels and compliance with the Content Code: (1) Every service provider shall register his television or radio channel with the Authority in the manner prescribed.

(2) The Authority may refuse to register a channel, or cancel the registration of a channel, if it is of the considered opinion that the content of the channel is likely to threaten the security and integrity of the State or threaten peace and harmony or public order in the whole or a part of the country, or if the name or logo or symbol of the channel, either in part or full or abbreviated form, is:

(a) Obscene or vulgar

(b) The same or similar to that of a terrorist or terrorist organization, either in full or in abbreviated form

(c) The same or similar to that of any name or brand or symbol of a product, or a company making such a product, that is prohibited from being promoted or advertised, directly or indirectly, by any law for the time being in force

(d) The same or similar to that of any other registered channel in India or any well known channels outside India, whether registered in India or not, except where valid permission is obtained from the owner of the original name or symbol or logo, as the case may be, provided that any such permission shall not be treated as valid if the said owner does not have more than 26% equity in the applicant company, or contributes or agrees to contribute from the original channel with the same or similar name or logo or symbol, as the case may be, more than 50% of the content of the proposed channel of the applicant company.

Provided that no such order of refusal or cancellation of registration shall be issued without giving a reasonable opportunity to the applicant company or the service provider of being heard.

(3) No service provider shall provide any broadcasting content that is not in conformity with the broadcasting content certification and regulation rules, hereafter referred to as ‘the Content Code’, as may be prescribed by the Government under this Act

Provided that till such time as the Content code is notified under this Act, all service providers shall adhere to the Programme Code and the Advertising Code prescribed under the Cable Television Network Rules 1994.

5. Central Government to exercise certain powers in public interest: The Central Government may at any time, if it appears necessary or expedient to do so in public interest, in respect of any broadcasting service, which is considered prejudicial to friendly relations with a foreign country, public order, communal harmony or security of the State, direct the Licensing Authority to suspend or revoke its license or direct the service provider to stop broadcasting its service or transmit in its broadcasting service such announcements in such manner as may be considered necessary, and the service provider shall immediately comply with all or any such directions.

6. Mandatory sharing of certain sports broadcast signals: For the purpose of ensuring the widest availability of broadcast signals for viewing in India, no content rights owner or holder and no television or radio broadcasting service provider shall carry a live television broadcast on any cable or DTH network or radio commentary broadcast in India of such national or international sporting events, held in India or abroad, as may be notified by the Central Government to be of national importance, unless simultaneously, it shares the live broadcast signal, without its advertisements, with the public service broadcasters i.e. Doordarshan and All India Radio of Prasar Bharti, in such a manner as to enable them to re-transmit the same on their respective terrestrial networks and DTH networks, on such terms and conditions as may be prescribed.

7. Compulsory transmission of Public Broadcasters’ channels: (1) Every cable operator shall carry Lok Sabha and Rajya Sabha channels and 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 channels referred to in sub-section (1) shall be re-transmitted without any deletion or alteration of any program transmitted on such channels.

(3) The Prasar Bharti (Broadcasting Corporation of India) established under sub-section (1) of section 3 of the Prasar Bharti (Broadcasting Corporation of India) Act, 1990 may, by notification in the Official Gazette, specify the additional number and name of every Doordarshan channel to be re-transmitted by the cable operators in their cable service and the manner of reception and transmission of such channels.

8. Introduction of digital addressable systems (DASs) in broadcasting network services: (1) Where the Central Government is satisfied that it is necessary in public interest to do so, it may, by notification, make it obligatory for every broadcasting network service provider in the country to transmit or re-transmit content of any or all channels provided by him, through a digital addressable system with effect from such date as may be specified in the notification.

(2) With a view to ensuring that the broadcasting network service providers comply with the obligation under sub-section (1), the Central Government may, by notification, prescribe a transitional scheme for introduction of digital addressable systems (DASs) by service providers, with effect from such date as may be specified in the notification, and different dates may be specified for different types of service providers in different States, cities, towns or areas, which may, inter alia, provide for the following:

(a) Policy guidelines, transitional arrangements and the time frame within which the service providers in different areas shall complete the process of providing the DASs to all their viewers,

(b) Obligations of the broadcasters in terms of declaration of prices of their registered channels, commercial arrangements with their distributors and networks service providers etc.

(c) Obligations of the Multi-service Operators (MSOs) and Local Cable Operators (LCOs) who introduce DASs in terms of their supply, maintenance, quality of service standards, subscriber management system etc.

(d) Obligations of the MSOs and LCOs who continue for the time being with the existing non-addressable systems in terms of declaration of the available number, names and prices of channels, maintenance of subscriber registers and furnishing periodical information etc.

(e) Rights and obligations of the viewers in terms of getting quality of service, options to choose channels, making payments for the DASs and monthly subscriptions for the channels, proper upkeep and use of DASs etc.

(f) Powers and functions of the Authority in terms of regulation of, and adjudication on, the commercial arrangements among various service providers, prescribing quality of service standards, enforcement of license conditions and other obligations under the scheme on the service providers and the viewers etc.

(g) Such other terms and conditions of the scheme as are considered necessary and desirable for ensuring the successful transition from the existing technology to the digital addressable systems within the time frame prescribed under sub-section (1).

(3) Notwithstanding anything contained in sub-sections (1) and (2) or any other law for the time being in force, the Central Government shall have the power, for reasons to be recorded in writing, to postpone or advance any specified date or dates, or by notification, modify, suspend or revoke a notification already issued or any other order or direction issued by it or the Authority

Provided that any order issued or action taken by the Central Government or the Authority or by any other person in pursuance of the earlier notification or order shall, unless specified otherwise, be deemed to be valid and continue to be in operation as if the earlier notification had never been modified, suspended or revoked, as the case may be.

9. Powers and functions of the Central Government: The Central Government shall have the authority to -

i) Prescribe policy guidelines and procedures for the grant, refusal or revocation of licenses/ registration for all types of broadcasting services;

ii) Designate and notify such officers of the State Governments or the Authority as may be considered necessary, as the Licensing Authorities to grant, refuse or revoke licenses/ registration in respect of such broadcasting services and for such limits of jurisdiction as may be prescribed;

iii) Prescribe the terms and conditions of licenses / registration to service providers and procedures to ensure their compliance by the service providers;

iv) Prescribe license fees and processing fees for grant of licenses / permissions / registration for different types of broadcasting services;

v) Prescribe policy guidelines, including transitional arrangements, to facilitate the introduction of digital addressable systems in broadcasting services throughout the country in a time-bound manner;

vi) Prescribe guidelines and norms to evaluate and certify broadcasting content and the terms and conditions of broadcasting different categories of content by the service-providers;

vii) Prescribe policy guidelines and institutional arrangements for self-regulation of broadcasting content by the service providers in conformity with the prescribed norms;

viii)Prescribe guidelines and institutional arrangements for complaint / grievance redressal against violations of the prescribed norms of broadcasting content code by service providers;

ix) Prescribe policy guidelines to facilitate competition and promote efficiency in the operation of broadcasting services so as to facilitate growth in such services;

x) Exercise, or authorize other existing institutions to exercise, any or all the powers and perform any or all the functions of the new institutions, pending their creation and operationalisation.

10. Restrictions on accumulation of interest: (1) The Central Government shall have the authority to prescribe such eligibility conditions and restrictions with regard to accumulation of interest in the print and broadcast segments of the media as may be considered necessary from time to time, to prevent monopolies across different segments of the media as well as within the broadcast segment, to ensure diversity of news and views.

(2) No content broadcasting service provider and its associated companies shall have more than 20% share of paid up equity or have any other financing or commercial arrangement that may give it management control over the financial, management or editorial policies of any broadcasting network service provider.

(3) No broadcasting network service provider and its associated companies shall have more than 20% share of paid up equity or have any other financing or commercial arrangement that may give it management control over the financial, management or editorial policies of any content broadcasting service provider.

(4) No content broadcasting service provider and its associated companies shall have more than the prescribed share of the total number of channels in a city or a state subject to the overall ceiling of 15% for the whole country.

11. Public Service Broadcasting Obligations: (1) Every broadcasting service provider shall discharge such public service broadcasting obligations as the Central Government may prescribe from time to time in accordance with the limits indicated below:

(a) The share of content produced in India shall not be less than 15% of the total content of a channel broadcast during every week.

(b) The share of public service/social messaging through advertisements and such other promotional materials/messages shall not be less than 10% of the total commercial time of a channel broadcast during every week.

(c) The share of public service/socially relevant program content shall not be less than 10% of the total program content of a channel broadcast during every week.

(2) In the event of failure to comply with the public service obligation, every content-broadcasting service provider shall be liable to pay such amount as may be prescribed by the Central Government towards its public service obligation.

(3) The Central Government shall formulate detailed guidelines and institutional arrangement for evaluation of every television and radio broadcaster in respect of its public service broadcasting obligation.

CHAPTER 3

BROADCASTING REGULATORY AUTHORITY OF INDIA

12. Establishment and incorporation of the Authority: (1) With effect from such date, as the Central Government may by notification appoint in this behalf, there shall be established for the purposes of this Act an Authority, to be known as the Broadcast 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 to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued.

(3) The Authority shall consist of one Chairperson and not more than six whole-time Members, to be appointed by the Central Government.

(4) The head office of the Authority shall be New Delhi.

13. Qualifications for appointment of Chairperson and members: The Central Government shall, by notification, appoint a whole-time Chairperson and six whole-time members of the Authority at the rate of one each from amongst persons who have special knowledge of and professional experience in, the fields of

(a) Television, Radio, Cinema, Advertising, Audio-Visuals, Fine Arts etc.;

(b) Journalism, Mass Communication, Literature, Social Sciences etc.;

(d) Electronics, Telecommunication, Information Technology etc;

(e) Consumer Affairs, Social Work/Service, Civil Society Organizations etc.;

(f) Law, Judiciary etc.;

(g) Public Administration, Management etc.;

14. Term of office, conditions of service etc. of the Chairman and other members: (1) Before appointing any person as the Chairperson or a whole-time 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.

(2) The Chairperson and other whole-time members shall hold office for a term of five years from the date on which they enter upon their offices or till they attain the age of sixty-five years, whichever is earlier.

(3) The Chairperson or a member shall not be eligible for a second term but a member will be eligible for appointment as Chairperson of the Authority for the remaining part of his term.

(4) The Chairperson or a whole-time member shall not take up any commercial employment in the organizations that fall within the operational jurisdiction of the Authority, after demitting office within a period of one year without the prior permission of the Central Government.

(5) The salary and allowances payable to and other conditions of service of the Chairperson and other whole-time members shall be such as may be prescribed.

(6) A person having commercial employment or interest, direct or indirect, in any broadcasting services provider, advertising or programme producing agency shall not be eligible for appointment or continuation as Chairperson or a whole-time member.

15. Powers of the Chairperson: The Chairperson shall have powers of general superintendence and direction in the conduct of the affairs of the Authority and he shall, in addition to presiding over the meetings of the Authority, exercise such powers of the Authority, and shall discharge such functions of the Authority, as may be prescribed.

16. Removal, suspension or resignation of Chairperson and members: (1) The Central Government may remove from office or suspend the Chairperson or any member of the Authority who:

(a) Ceases to be a citizen of India; or

(b) Is adjudged an insolvent; or

(d) Is, in the opinion of the Central Government, unfit to continue in office by reason of infirmity or body or mind; or

(e) Engages during his term of office in any paid employment outside the duties of his office;

(f) Acquires such financial or other interest as is likely to affect prejudicially his functions as a Chairperson or member;

(g) Abuses his position so as to render his continuance in office prejudicial to public interest.

(2) The Chairperson or any other member may resign his office by giving notice thereof in writing to the Central Government and on such resignation being accepted, the Chairperson or the member shall be deemed to have vacated his office.

17. Meetings of the Authority or its committees: (1) The Authority may constitute committees of the Authority for specific purposes, and make regulations for the transaction of business at the meetings of the Authority as well as its committees

(2) The Authority or its committee shall meet at such time and place and shall observe such procedure in regard to the transaction of business at its meetings as may be provided by regulations.

(3) The Chairperson shall preside at the meetings of the Authority or its committee, and if for any reason he is unable to attend any meeting, any other whole-time member elected by the members present at such meeting, shall preside at the meetings.

(4) A member shall be deemed to have vacated his office if he absents himself for three consecutive meetings of the Authority without the leave of the Chairperson.

(5) All questions which come up before any meeting of the Authority shall be decided by a majority of the votes 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 and exercise a second or casting vote.

18. Vacancies not to invalidate proceedings: No act or proceedings 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; or

(c) Any irregularity in the procedure of the Authority not affecting the merits of the case.

19. Regional offices of the Authority: The Authority may, with the prior approval of the Central Government set up Regional Offices at Delhi, Chennai, Kolkata and Mumbai, and such other regional offices at places to be notified by the Govt., and to perform such functions and with such jurisdictions as may be prescribed. At each such Regional Offices there shall be one Regional Director to be appointed by the Central Government to discharge the functions delegated to him by the Authority.

20. Secretary and other officers and employees of the Authority: (1) Secretary of the Authority shall be the Chief Executive Officer of the Authority. Subject to the provisions of section 15 of the Act, the Secretary shall exercise such powers and discharge such functions of the Authority as may be delegated to him by the Authority.

(2) The Central Government shall make available to the Authority, a panel of not less than three officers of the rank of the Additional Secretary to the Government of India, and the Authority may select one of them and recommend his appointment as Secretary of the Authority to the Government.

(3) The Central Government shall make available a panel of not less than three officers of the rank of Joint Secretary to the Government of India for each of the five Regional Offices at Delhi, Chennai, Kolkotta, Mumbai and Guwahati, and the Authority may select one from each panel and recommend his/her appointment to the Government. As and when more regional offices are opened, the Authority may seek officers of the rank of Joint Secretary or Director to the Government of India, as the case may be, for appointment as their Regional Directors.

(4) The Authority may appoint such officers and other employees, as it considers necessary for the efficient discharge of its functions under this Act in the manner as provided by the regulations.

(5) The salary and allowances payable to and other conditions of service of the officers and other employees of the Authority shall be such as may be determined by regulations.

21. Powers and functions of the Authority: (1) Authority shall exercise the following powers and functions:

(a) Notify the terms and conditions of licenses for various categories of service providers, in accordance with the policy guidelines prescribed by the Government;

(b) Recommend to the Central Government, guidelines or norms or amendments of prescribed guidelines or norms, in the light of its experience in the discharge of its functions, as well as on such other issues as may be referred to it by the Government;

(d) Lay-down the standards of quality of service to be provided by the service providers and conduct the periodical survey of