REGISTERED NO. DL-(N) 04/0007/2003-05
रजिस्ट्री सं० डी०एल०-( एन ) 04/0007/2003-05
भारत का राजपत्र The Gazette ofIndia
असाधारण
EXTRAORDINARY
भाग II- खण्ड 1
PART II- Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
नई दिल्ली, बुधवार, नवम्बर 5, 2003/ कार्तिक 14, 1925
सं॰ 61]
NEW DELHI, WEDNESDAY, NOVEMBER 5, 2003/ KARTIKA 14, 1925
No. 61]
इस भाग में भिन्त्र 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 5th November, 2003/Kartika 14, 1925 (Saka)
THE INDIAN TELEGRAPH (AMENDMENT) ORDINANCE , 2003
NO . 7 OF 2003
Promulgated by the President in the Fifty- fourth Year of the Republic of India.
AnOrdinance further to amend the Indian Telegraph Act, 1885.
WHEREAS the Indian Telegraph (Amendment ) Bill , 2003 was introduced in the House of the People, but has not been passed;
AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action to give effect to the provisions of the said Bill;
NOW, THEREFORE, in exercise of the powers conferred by clause ( 1) ofarticle 123 of the Constitution, the President is pleased to promulgate the following Ordinance: -
Short title and commencement.
1. (1) This Ordinance may be called the Indian Telegraph (Amendment ) Ordinance, 2003.
(2) It shall bedeemed to have come into force on the 1* day of April , 2002.
2
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
13 of 1885.
Amendment of section 3 .
2. Insection 3 ofthe Indian Telegraph Act, 1885 (hereinafter referred to as the principal Act) , clause ( 1 ) shall be renumbered as clause ( IAA) and before clause (1AA) 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 tobasic telegraph services to people in the rural and remote areas at affordable and reasonable prices;'.
Amendment of section4.
3. In section 4 of the principal Act, in sub-section ( 1) , the following Explanation shall be inserted at the end, namely:-
24of1997.
"Explanation -The payments made for the grant of a license under this sub- section shall include such sum attributable to the Universal Service Obligation as may be determined by the Central Government after considering the recommendation made in this behalf by the Telecom RegulatoryAuthority of India established under sub-section ( 1) of section 3 ofthe Telecom Regulatory Authority of India Act , 1997." .
Amendment of section 7.
4. In section 7 ofthe 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.".
Insertionof new Part IIA.
5. After Part II of the principal Act, the following Part shall be inserted, namely:-
" PART IIA
UNIVERSAL SERVICE OBLIGATION FUND
9A. (1) On and from the commencement of the Indian Telegraph (Amendment) Ordinance , 2003 , there shall be deemed to have been established, for the purposes of this Act, a Fund tobe called the Universal ServiceObligation 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;
(b) anygrants and loans made by the Central Government under section 9C .
(3) The balance to the credit ofthe Fund shall not lapse at the end of the financial year.
Creditingof sumto Consolidated Fund ofIndia.
9B. The sums of money 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 .
3
THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 1]
Grants and loans by the Central Government. 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.
Adosinistration andutilisation of Fand.
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.
(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 thisAct.".
A.P.J. ABDUL KALAM, President.
T.K. VISWANATHAN , Secy. to the Govt. ofIndia.
PRINTED BY THE MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI , 2003 .
MGIPMRND-3227GI-5-11-2003.