रजिस्ट्री सं ० डी० एल० ( एन ) 04/0007/2003-05
REGISTERED No. DL(N) 04/0007/2003-05
भारत को राजपत्र The Gazette of.India
असाधारथ
EXTRAORDINARY
भाग II खण्ड 1
PART II
Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
संरूं 10 ]
नई दिल्ली, सोमवार, जनवरी 12, 2004/ पौष 22, 1925
No. 10] NEW DELHI , MONDAY, JANUARY 12, 2004/ PAUSA 22, 1925
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके।
Separate paging is given to this Part in order that it may be filed as a separate compilation .
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 12th January, 2004/ Pausa 22, 1925 (Saka)
The following Act of Parliament received the assent of the President on the 9th January, 2004, and is hereby published for general information: -
THE INDIAN TELEGRAPH ( AMENDMENT ) ACT, 2003
No. 8 OF 2004
[9th January, 2004. ]
AnAct further to amend the Indian Telegraph Act , 1885 .
BE it enacted by Parliament in the Fifty - fourth Year of the Republic of India as follows:-
1. (1 ) This Act may be called the Indian Telegraph (Amendment ) Act , 2003.
Short title and commencement .
(2) It shall be deemed to have come into force on the 1st day of April , 2002.
13 of 1885 .
Amendment of section 3 .
2. Insection 3 of the Indian Telegraph Act, 1885 ( hereinafter referred to as the principal Act), clause ( 1 ) shall be renumbered as clause ( IAA) and before clause ( IAA) as so renumbered, the following clauses shall be inserted , namely:-
"( 1) " Fund" means the Universal Service Obligation Fund established under sub - section ( 1 ) of section 9A;
(1A) "Universal Service Obligation " means the obligation to provide access to basic telegraph services to people in the rural and remote areas at affordable and reasonable prices ; ' .
2
THE GAZETTE OF INDIA EXTRAORDINARY [PART II-SEC . 1 ]
Amendment of section 4 .
3. In section 4 of the principal Act, in sub - section ( 1 ) , the following Explanation shall be inserted at the end, namely:
24 of 1997 .
"Explanation. The payments made for the grant of a licence under this sub- section shall include such sum attributable to the Universal Service Obligation as may be determinedby the Central Government after considering the recommendation made in this behalf by the Telecom Regulatory Authority of India established under sub- section ( 1 ) of section 3 of the Telecom Regulatory Authority of India Act, 1997. " .
Amendment of section 7 .
4. Insection 7 of the principal Act, in sub - section (2) , after clause ( ee) , the following clauses shall be inserted , namely:-
"(eea) the manner in which the Fund may be administered ;
(eeb) the criteria based on which sums may be released. " .
5.AfterPart II of the principal Act , the following Part shall be inserted , namely:--
Insertion of new Part IIA .
"PART IIA
UNIVERSAL SERVICE OBLIGATION FUND
9A. (1) On and from the commencement of the Indian Telegraph (Amendment) Act, 2003 , there shall be deemed to have been established, for the purposes of this Act , a Fund to be called the Universal Service Obligation Fund.
Establishment ofUniversal Service Obligation Fund.
(2) The Fund shall be under the control of the Central Government and there shall be credited thereto-
(a) any sums of money paid under section 9B ;
(6) any grants and loans made by the Central Government under section 9C.
year. (3) The balance to the credit of the Fund shall not lapse at the end of the financial
Crediting of sumsto Consolidated Fund of India .
9B. The sums ofmoney received towards the Universal Service Obligation under section 4 shall first be credited to the Consolidated Fund of India, and the Central Government may, if Parliament by appropriation made by law in this behalf so provides , credit such proceeds to the Fund from time to time for being utilised exclusively for meeting the Universal Service Obligation .
9C. The Central Government may, after due appropriation made by Parliament by law in this behalf, credit by way of grants and loans such sums of money as that Government may consider necessary in the Fund .
9D. ( 1) The Central Government shall have the power to administer the Fund in such manner as may be prescribed by rules made under this Act .
Grants and loans by Central Government. Administration and utilisation of Fund .
(2) The Fund shall be utilised exclusively for meeting the Universal Service Obligation.
(3) The Central Government shall be responsible for the co - ordination and ensuring timely utilisation and release of sums in accordance with the criteria as may be prescribed by rules made under this Act . " .
Ord. 7 of 2003 .
6.(7) The Indian Telegraph (Amendment) Ordinance , 2003 , is hereby repealed .
Repeal and saving.
Ord . 7 of 2003 .
(2) Notwithstanding the repeal of the Indian Telegraph ( Amendment) Ordinance , 2003 , anything done or action taken under the principal Act as amended by the said Ordinance , shall be deemed to have been done or taken under the principal Act, as amended by this Act.
T.K. VISWANATHAN ,
Secy. to theGovt. ofIndia.
PRINTED BY THE MANAGER, GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELHI , 2004 .
MGIPMRND--4585G1-13-01-2004.