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Section 5 – The Telecom Regulatory Authority of India Act,1997

The Telecom Regulatory Authority of India Act,1997

Section 5. Term of office conditions of service, etc., of Chairperson and other members

(1) Before appointing any person as the Chairperson or 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.

1[(2) The Chairperson and other members shall hold office for a term not exceeding three years. as the Central Government may notify in this behalf, from the date on which they enter upon their offices or until they attain the age of sixty-five years, whichever is earlier.

(3) On the commencement of the Telecom Regulatory Authority of India (Amendment) Act,2000, a person appointed as Chairperson of the Authority and every other person appointed as member and holding office as such immediately before such commencement shall vacate their respective offices and such Chairperson and such other members shall be entitled to claim compensation not exceeding three months pay and allowances for the premature termination of the term of their offices or of any contract of service.]

(4) The employee of the Government on his 2[selection as the Chairperson or whole-time member] shall have to retire from service before 3[joining as the Chairperson or a whole-time member, as the case may be].

(5) The salary and allowances payable to and the other terms and conditions of service of the Chairperson and 4[whole-time members] shall be such as may be prescribed.

(6) The salary, allowances and other conditions of service of the Chairperson or of a member shall not be varied to his disadvantage after appointment.

5[(6A) The part-time members shall receive such allowances as may be prescribed.]

(7) Notwithstanding anything contained in sub-section (2) or 6[* * *], a member may-

(a) Relinquish his office by giving in writing to the Central Government notice of not less than three months; or

(b) Be removed from his office in accordance with a provisions of section 7.

(8) The Chairperson or any 4[whole-time member] ceasing to hold office as such, shall-

(a) Be ineligible for further employment under the Central Government or any State Government; or

(b) Not accept any commercial employment, for a period of 7[one year] from the date he ceases to hold such office.

5[Provided that nothing contained in this sub-section shall apply to the Chairperson or a member who has ceased to hold office under sub-section (3) and such Chairperson or member shall be eligible for reappointment in the Authority or appointment in the Appellate Tribunal]

(9) A vacancy caused to the office of the Chairperson or any other member shall be filled up within a period of three months from the date on which such vacancy occurs.

Explanation

For the purposes of this section, “commercial employment” means employment in any capacity under, or agency of, a person engaged in trading, commercial, industrial or financial business in any field and includes also a director of a company or partner of a firm and it also includes setting up practice either independently or as partner of a firm or as an adviser or a consultant.

——————–

1. Substituted by Act 2 of 2000, sec. 6, for sub-sections (2) and (3) (w.r.e.f. 24-1-2000).

2. Substituted by Act 2 of 2000, sec. 6, for “selection as member” (w.r.e.f. 24-1-2000).

3. Substituted by Act 2 of 2000, sec. 6, for “joining as member” (w.r.e.f. 24-1-2000).

4. Substituted by Act 2 of 2000, sec. 6, for “other member” (w.r.e.f. 24-1-2000).

5. Ins. by Act 2 of 2000, sec. 6 (w.r.e.f. 24-1-2000).

6. The words “or sub-sect ion (3)” omitted by Act 2 of 2000, sec. 6, (w.r.e.f. 24-1-2000).

7. Substituted by Act 2 of 2000, sec. 6, for “two years” (w.r.e.f. 24-1-2000).

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The Telecom Regulatory Authority of India Act,1997

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