(1) This Act may be called the Cable TelevisionNetworks (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.

In this Act, unless the context otherwise requires,--

1[(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 StateGovernment, to be an authorised officer for such local limits of jurisdiction as may be determined bythat Government;]

2[(ai) "Authority" means the Telecom Regulatory Authority of India established undersub-section (1) of section 3 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997);

(aii) "Broadcaster" means a person or a group of persons, or body corporate, or any organisationor body providing programming services and includes his or its authorised distribution agencies;

(aiii) "cable operator" means any person who provides cable service through a cable televisionnetwork or otherwise controls or is responsible for the management and operation of a cabletelevision network and fulfils the prescribed eligibility criteria and conditions;]

(b) "cable service" means the transmission by cables of programmes including re-transmission bycables of any broadcast television signals;

(c) "cable television network" means any system consisting of a set of closed transmission pathsand associated signal generation, control and distribution equipment, designed to provide cableservice for reception by multiple subscribers;

(d) "company" means a company as defined in section 3 of the 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, whosemembers are citizens of India;

3[(iii) a company as defined in section 3 of the Companies Act, 1956 (1 of 1956);]

4[(ei) "post" means a post and includes a pole, tower, standard, stay, strut, cabinet, pillar or anyabove ground contrivance for carrying, suspending or supporting any network infrastructure facility;]

(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 5;

(ii) any audio or visual or audio-visual live performance or presentation,

and the expression programming service shall be construed accordingly;

4[(gi) "public authority" means any authority, body or institution of local self-government

constituted or established by or under--

(i) the Constitution of India;

(ii) any law made by Parliament;

(iii) any law made by a State Legislature;

(iv) any notification issued or order made by the appropriate Government,

and includes any--

(v) body owned, controlled or substantially financed; or

(vi) non-governmental organisation substantially financed,

directly or indirectly by funds provided by the appropriate Government;]

(h) "registering authority" means such authority as the Central Government may, by notificationin the Official Gazette, specify to perform the functions of the registering authority under thisAct 4[within such local limits of jurisdiction as may be determined by that Government];

(i) "subscriber" means 6[any individual, or association of individuals, or a company, or any otherorganisation or body]who receives the signals of cable television network at a place 7[indicated byhim or it] to the cable operator, without further transmitting it to any other person.

1. Ins. by Act 36 of 2000, s. 2 (w.e.f. 1-9-2000).

2. Subs. by Act 21 of 2011, s. 2, for clause (aa) (w.e.f. 25-10-2011).

3. Subs. by Act 21 of 2011, s. 2, for sub-clause (iii) (w.e.f. 25-10-2011).

4. Ins. by s. 2, ibid. (w.e.f. 25-10-2011).

5. The words "through video cassette recorders or video cassette players" omitted by s. 2, ibid. (w.e.f. 25-10-2011).

6. Subs. by s. 2, ibid., for "a person" (w.e.f. 25-10-2011).

7. Subs. by s. 2, ibid., for "indicated by him" (w.e.f. 25-10-2011).

No person shall operatea cable television network unless he is registered as a cable operator under this Act.

1

1. The proviso omitted by s. 3, ibid. (w.e.f. 25-10-2011).

¹[4. Registration as cable operator.(1) Any person who is desirous of operating or is operating acable television network may apply for registration or renewal of registration, as a cable operator to theregistering authority.

(2) The cable operator shall fulfil such eligibility criteria and conditions as may be prescribed anddifferent eligibility criteria may be prescribed for different categories of cable operators.

(3) On and from the date of issue of notification under section 4A, no new registration in a State, city,town or area notified under that section shall be granted to any cable operator who does not undertake totransmit or re-transmit channels in an encrypted form through a digital addressable system.

(4) An application under sub-section (1) shall be made in such form and be accompanied by suchdocuments and fees as may be prescribed.

(5) On receipt of the application, the registering authority shall satisfy itself that the applicant hasfurnished all the required information prescribed under sub-section (4) and on being so satisfied, registerthe applicant as a cable operator and grant him a certificate of registration or renew its registration, as thecase may be, subject to such terms and conditions as may be prescribed under sub-section (6):

Provided that the registering authority may, if it is satisfied that the applicant does not fulfil theeligibility criteria and conditions prescribed under sub-section (2) or the application is not accompaniedby necessary documents or fees as prescribed under sub-section (4), and for reasons to be recorded inwriting, by order, refuse to grant its registration or renewal, as the case may be, and communicate thesame to the applicant:

Provided further that the applicant may prefer an appeal against the order of the registering authorityrefusing grant or renewal of registration to the Central Government.

(6) Without prejudice to the compliance of eligibility criteria for registration of cable operators, theCentral Government may prescribe, having regard to the interests of the sovereignty and integrity ofIndia, the security of the State, friendly relations with foreign States, public order, decency or morality,foreign relation or contempt of court, defamation or incitement to an offence, such terms and conditionsof registration including additional criteria or conditions to be fulfilled by the cable operator.

(7) The Central Government may suspend or revoke the registration granted under sub-section (5) ifthe cable operator violates one or more of the terms and conditions of such registration:

Provided that no such order of suspension or revocation shall be made without giving reasonableopportunity of being heard to the cable operator.]

1 Subs. by s. 4, ibid.,for section 4 (w.e.f. 25-10-2011).

¹[4A. Transmission of programmes through digital addressable systems, etc. (1) Where theCentral Government is satisfied that it is necessary in the public interest so to do, it may, by notificationin the Official Gazette, make it obligatory for every cable operator to transmit or re-transmit programmesof any channel in an encrypted form through a digital addressable system with effect from such date asmay be specified in the notification and different dates may be specified for different States, cities, townsor areas, as the case may be:

Provided that the date specified in the notification shall not be earlier than six months from the date ofissue of such notification to enable the cable operators in different States, cities, towns or areas to installthe equipment required for the purposes of this sub-section.

(2) The Central Government may prescribe appropriate measures and take such steps as it mayconsider necessary for implementation of the notification issued under sub-section(1).

(3) If the Central Government is satisfied that it is necessary in the public interest so to do, and if nototherwise specified by the Authority, it may direct the Authority to specify, by notification in the OfficialGazette, one or more free-to-air channels to be included in the package of channels forming basic servicetier and any one or more such channels may be specified, in the notification, genre-wise for providing aprogramme mix of entertainment, information, education and such other programmes and fix the tariff forbasic service tier which shall be offered by the cable operators to the consumers and the consumer shallhave the option to subscribe to any such tier:

Provided that the cable operator shall also offer the channels in the basic service tier on a la cartebasis to the subscriber at a tariff specified under this sub-section.

(4) The Central Government or the Authority may specify in the notification referred to insub-section (3), 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 numbers may be specified for differentStates, cities, towns or areas, as the case may be.

(5) It shall be obligatory for every cable operator to publicise the prescribed information including butnot limited to subscription rates, standards of quality of service and mechanism for redressal ofsubscribers' grievances in such manner and at such periodic intervals as may be specified by the CentralGovernment or the Authority for the benefit of the subscriber.

(6) The cable operator shall not require any subscriber to have a receiver set of a particular type toreceive signals of cable television network:

Provided that the subscriber shall use a digital addressable system to be attached to his receiver set forreceiving programmes transmitted on any channel.

(7) Every cable operator shall provide such information relating to its cable services and networks insuch format and at such periodic intervals to the Central Government or the State Governments or theAuthority or their authorised representatives, as may be specified by them from time to time.

(8) All actions taken by the Central Government or the Authority in pursuance of the provisions ofthis section as they stood immediately before the 25th day of October, 2011shall continue to remain inforce till such actions are modified as per the provisions of this Act.

Explanation.--For the purposes of this section,--

(a) "addressable system" means an electronic device (which includes hardware and its associatedsoftware) or more than one electronic device put in an integrated system through which signals ofcable television network can be sent in encrypted form, which can be decoded by the device ordevices, having an activated Conditional Access System at the premises of the subscriber within thelimits of authorisation made, through the Conditional Access System and the subscriber managementsystem, on the explicit 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 to be offered by a cable operatorto a subscriber with an option to subscribe, for a single price to subscribers of the area in which hiscable television network is providing service;

(c) "encrypted", in respect of a signal of cable television network, means the changing of suchsignal in a systematic way so that the signal would be unintelligible without use of an addressablesystem and the expression "unencrypted" shall be construed accordingly;

(d) "free-to-air channel", in respect of a cable television network, means a channel for which nosubscription fee is to be paid by the cable operator to the broadcaster for its re-transmission on cable;

(e) "pay channel", in respect of a cable television network, means a channel for whichsubscription fees is to be paid to the broadcaster by the cable operator and due authorisation needs tobe taken from the broadcaster for its re-transmission on cable;

(f) "subscriber management system" means a system or device which stores the subscriberrecords and details with respect to name, address and other information regarding the hardware beingutilised by the subscriber, channels or bouquets of channels subscribed to by the subscriber, price ofsuch channels or bouquets of channels as defined in the system, the activation or deactivation datesand time for any channel or bouquets of channels, a log of all actions performed on a subscriber'srecord, invoices raised on each subscriber and the amounts paid or discount allowed to the subscriberfor each billing period.]

1 Subs. by Act 21 of 2011, s. 5, for section 4A (w.e.f. 25-10-2011).

1[4B. Right of way for cable operators and permission by public authority.(1) Subject to theprovisions of this Act, any cable operator entitled for providing cable services may, from time to time, layand establish cables and erect posts under, over, along, across, in or upon any immovable property vestedin or under the control or management of a public authority.

(2) Any public authority under whose control or management any immovable property is vested may,on receipt of a request from a cable operator permit the cable operator to do all or any of the followingacts, namely:--

(a) to place and maintain underground cables or posts; and

(b) to enter on the property, from time to time, in order to place, examine, repair, alter or removesuch cables or posts.

(3) The facility of right of way under this section for laying underground cables, and erecting posts,shall be available to all cable operators subject to the obligation of reinstatement or restoration of theproperty or payment of reinstatement or restoration charges in respect thereof at the option of the publicauthority.

(4) When a public authority in public interest considers it necessary and expedient that theunderground cable or post placed by any cable operator under the provisions of this section should beremoved or shifted or its position altered, it may require the cable operator to remove it or shift it or alterits position, as the case may be, at its own cost in the timeframe indicated by the public authority.

(5) The Central Government may lay down appropriate guidelines to enable the State Governments toput in place an appropriate mechanism for speedy clearance of requests from cable operators for layingcables or erecting posts on any property vested in, or under the control or management of, any publicauthority and for settlement of disputes, including refusal of permission by the public authority.

(6) Any permission granted by a public authority under this section may be given subject to suchreasonable conditions as that public authority thinks fit to impose as to the payment of any expenses, ortime or mode of execution of any work, or as to any other matter connected with or related to any workundertaken by the cable operator in exercise of those rights.

(7) Nothing in this section shall confer any right upon any cable operator other than that of user forthe purpose only of laying underground cable or erecting posts or maintaining them.]

1. Subs. by Act 21 of 2011, s. 5, for section 4A (w.e.f. 25-10-2011).

No person shall transmit or re-transmit through a cable service anyprogramme unless such programme is in conformity with the prescribed programme code.

1

1. The proviso omitted by Act 36 of 2000, s. 3 (w.e.f. 1-9-2000).

No person shall transmit or re-transmit through a cable service anyadvertisement unless such advertisement is in conformity with the prescribed advertisement code.

1

1. The proviso omitted by s. 4, ibid. (w.e.f. 1-9-2000).

Every cable operator shall maintain a register in the prescribed formindicating therein in brief the programmes transmitted or re-transmitted through the cable service during amonth and such register shall be maintained by the cable operator for a period of one year after the actualtransmission or re-transmission of the said programmes.

1[8. Compulsory transmission of certain channels. (1) The Central Government may, bynotification in the Official Gazette, specify the names of Doordarshan channels or the channels operatedby or on behalf of Parliament, to be mandatorily carried by the cable operators in their cable service andthe manner of reception and re-transmission of such channels:

Provided that in areas where digital addressable system has not been introduced in accordance withthe provisions of sub-section (1) of section 4A, the notification as regards the prime band is concernedshall be limited to the carriage of two Doordarshan terrestrial channels and one regional language channelof the State in which the network of the cable operator is located.

(2) The channels referred to in sub-section (1) shall be re-transmitted without any deletion oralteration of any programme transmitted on such channels.

(3) Notwithstanding the provisions of sub-section (1), any notification issued by the CentralGovernment or the Prasar Bharti (Broadcasting Corporation of India) in pursuance of the provisions ofsub-section (1), prior to the 25th day of October, 2011 shall continue to remain in force till suchnotifications are rescinded or amended, as the case may be.]

1. Subs. by Act 21 of 2011, s. 6, for section 8 (w.e.f. 25-10-2011).

No cable operator shall, on and fromthe date of the expiry of a period of three years from the date of the establishment and publication of theIndian Standard by the Bureau of Indian Standards in accordance with the provisions of the Bureau ofIndian Standards Act, 1986 (63 of 1986), use any 1[equipment or digital addressable system] in his cabletelevision network unless such 1[equipment or digital addressable system] conforms to the said IndianStandard.

2

1. Subs. by Act 21 of 2011 s. 7, for "equipment" (w.e.f.25-10-2011).

2. The proviso omitted by s. 7, ibid. (w.e.f. 25-10-2011).

Every cableoperator shall ensure that the cable television network being operated by him does not interfere, in anyway, with the functioning of the authorised telecommunication systems1[and is in conformity with suchstandards relating to interference as may be prescribed by the Central Government].

1. Ins. by s. 8, ibid. (w.e.f. 25-10-2011).

⁴[10A. Inspection of cable network and services.(1) Without prejudice to the provisionscontained in the Indian Telegraph Act, 1885 (13 of 1885) or any other law for the time being in force, theCentral Government or its officers authorised by it or authorised agency shall have the right to inspect thecable network and services.

(2) No prior permission or intimation shall be required to exercise the right of the CentralGovernment or its authorised representatives to carry out such inspection.

(3) The inspection shall ordinarily be carried out after giving reasonable notice except incircumstances where giving of such a notice shall defeat the purpose of the inspection.

(4) On being so directed by the Central Government or its authorised officers oragency so authorisedby it, the cable operator shall provide the necessary equipment, services and facilities at designated placeor places for lawful interception or continuous monitoring of the cable service at its own cost by or underthe supervision of the Central Government or its officers or agency so authorised by it].

1. Ins. by s. 9, ibid. (w.e.f. 25-10-2011).

1[11. Power to seize equipment used for operating cable television network.If any authorisedofficer has reason to believe that the provisions of section 3, section 4A, section 5,section 6, section 8,section 9 or section 10 have been or are being contravened by any cable operator, he may seize theequipment being used by such cable operator for operating the cable television network:

Provided that the seizure of equipment in case of contravention of sections 5 and 6 shall be limited tothe programming service provided on the channel generated at the level of the cable operator.]

1. Subs. by s. 10, ibid.,for section 11 (w.e.f. 25-10-2011).

The equipment seized under sub-section (1) of section 11 shall be liable toconfiscation unless the cable operator from whom the equipment has been seized registers himself as acable operator under section 4 within a period of thirty days from the date of seizure of the saidequipment.

No seizure orconfiscation of equipment referred to in section 11 or section 12 shall prevent the infliction of anypunishment to which the person affected thereby is liable under the provisions of this Act.

(1) No order adjudicatingconfiscation of the equipment referred to in section 12 shall be made unless the cable operator has beengiven a notice in writing informing him of the grounds on which it is proposed to confiscate suchequipment and giving him a reasonable opportunity of making a representation in writing, within suchreasonable time as may be specified in the notice against the confiscation and if he so desires of beingheard in the matter:

Provided that where no such notice is given within a period of ten days from the date of the seizure ofthe equipment, such equipment shall be returned after the expiry of that period to the cable operator fromwhose 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).

(1) Any person aggrieved by any decision of the court adjudicating a confiscation ofthe 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 orderas it thinks fit confirming, modifying or revising the decision appealed against or may send back the casewith such directions as it may think fit for a fresh decision or adjudication, as the case may be, aftertaking additional evidence if necessary.

(3) No further appeal shall lie against the order of the court made under sub-section (2).

¹[(1)] Whoever contravenes any ofthe 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 finewhich may extend to one thousand rupees or with both;

(b) for every subsequent offence, with imprisonment for a term which may extend to five yearsand with fine which may extend to five thousand rupees.

²[(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), thecontravention of section 4A shall be a cognizable offence under this section.]

1 Section 16 numbered as sub-section (1) thereof by Act 2 of 2003, s. 5 (w.e.f. 31-12-2002).

2 Ins. by s. 5, ibid. (w.e.f. 31-12-2002).

(1) Where an offence under this Act has been committed by acompany, every person who, at the time the offence was committed, was in charge of, and wasresponsible to, the company for the conduct of the business of the company, as well as the company, shallbe deemed to be guilty of the offence and shall be liable to be proceeded against and punishedaccordingly:

Provided that nothing contained in this sub-section shall render any such person liable to anypunishment, if he proves that the offence was committed without his knowledge or that he had exercisedall due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act hasbeen committed by a company and it is proved that the offence has been committed with the consent orconnivance of, or is attributable to any negligence on the part of, any director, manager, secretary or otherofficer of the company, such director, manager, secretary or other officer shall also be deemed to be guiltyof that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.--For the purposes of this section,--

(a) "company" means any body corporate and includes a firm or other association of individuals;and

(b) "director" in relation to a firm means a partner in the firm.

No court shall take cognizance of any offence punishable under thisAct except upon a complaint in writing made 1[by anyauthorised officer].

1. Subs. by Act 36 of 2000, s. 7, for certain words (w.e.f. 1-9-2000).

Where ¹[anyauthorised 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 ²[any programme or channel if, it is not inconformity with the prescribed programme code referred to in section 5 and advertisement code referred toin section 6 or if it is]likely to promote, on grounds of religion, race, language, caste or community or anyother 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 is likely to disturb the publictranquillity.

1 Subs. by s. 8, ibid., for certain words (w.e.f. 1-9-2000).

2 Subs. by s. 8, ibid., for "any particular programme if it is" (w.e.f. 1-9-2000).

¹[(1)] Where theCentral Government thinks it necessary or expedient so to do in public interest, it may prohibit theoperation of any cable television network in such areas as it may, by notification in the Official Gazette,specify in this behalf.

²[(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 re-transmission of any channel or programme.

(3) Where the Central Government considers that any programme of any channel is not inconformitywith the prescribed programme code referred to in section 5 or the prescribed advertisement code referredto in section 6, it may by order, regulate or prohibit the transmission or re-transmission of suchprogramme].

1 Section 20 renumbered as sub-section (1) thereof by s. 9, ibid. (w.e.f. 1-9-2000).

2 Ins. by s. 9, ibid. (w.e.f. 1-9-2000).

The provisions of this Act shall be in addition to, andnot in derogation of, the Drugs and Cosmetics Act, 1940 (23 of 1940), the Pharmacy Act, 1948(8 of 1948), the Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of 1950), the Drugs(Control) Act, 1950 (26 of 1950), the Cinematograph Act, 1952 (37 of 1952), the Drugs and MagicRemedies (Objectionable Advertisements) Act, 1954 (21 of 1954), the Prevention of Food AdulterationAct, 1954 (37 of 1954), the Prize Competitions Act, 1955 (42 of 1955), the Copyright Act, 1957(14 of 1957), the Trade and Merchandise Marks, Act, 1958 (43 of 1958), the Indecent Representation ofWomen (Prohibition) Act, 1986 (60 of 1986) ¹[, the Consumer Protection Act, 1986 (68 of 1986) and theTelecom Regulatory Authority of India Act, 1997 (24 of 1997)].

1 Subs. by Act 21 of 2011, s.11, for "and the Consumer Protection Act, 1986" (w.e.f. 25-10-2011).

(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 mayprovide for all or any of the following matters, namely:--

¹[(a) the eligibility criteria for different categories of cable operators under sub-section(2) ofsection 4;]

²[(aa) the form of application, documents to be accompanied and the fees payable undersub-section (4) of section 4;]

³[(aaa) the terms and conditions of registration under sub-section (6) of section4;]

⁴[(aaaa) the appropriate measures under sub-section (2) of section 4A for implementation of thenotification under sub-section (1) of that section;]

(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;

²⁵[(da) the specifications of interference standards for interfering with any telecommunicationsystem under section 10;]

(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 Houseof Parliament, while it is in session, for a total period of thirty days which may be comprised in onesession or in two or more successive sessions, and if, before the expiry of the session immediatelyfollowing the session or the successive sessions aforesaid, both Houses agree in making any modificationin the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect onlyin such modified form or be of no effect, as the case may be; so, however, that any such modification orannulment shall be without prejudice to the validity of anything previously done under that rule.

1 Subs. by Act 21 of 2011, s. 12, for clause (a) (w.e.f. 25-10-2011).

2 Subs. by s. 12, ibid., for clause (aa) (w.e.f. 25-10-2011).

3 Subs. by s. 12, ibid., for clause (aaa) (w.e.f. 25-10-2011).

4 Ins. by s. 12, ibid. (w.e.f. 25-10-2011).

(1) The Cable Television Networks (Regulation) Ordinance, 1995(Ord. 3 of 1995) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall bedeemed to have been done or taken under the corresponding provision of this Act.