No service provider shall, without prejudice to the terms and conditions of its licence or any penalty which may be imposed under its licence, send any unsolicited commercial communication to its subscriber after expiry of forty-five days from the date on which such subscriber makes a request under Regulation 7 for registration in the National Do Not Call register.
14[Provided that nothing contained in this regulation shall authorise a service provider (hereafter referred to as the former service provider) to send unsolicited commercial communication to the subscriber of any other service provider,
(a) unless the former service provider has been registered as a telemarketer with the Government of India in the Ministry of Communications and Information Technology (Department of Telecommunications) and possesses a valid certificate of registration on the date of sending of such unsolicited commercial communication;
(b) unless such subscriber, to whom unsolicited commercial communication is sent, has not been registered in the National Do Not Call Register under these regulations or the period of forty-five days has not expired from the date of making a request under sub-regulation (1) of Regulation 7;
(c) if such unsolicited commercial communication violates any provisions of the law for the time being in force or any judgment or decree, award or order or direction passed or made by any competent court or tribunal or authority or forum or commission, as the case may be.]
15[Chapter IV-A
INQUIRY AND PROVISION FOR FINANCIAL DISINCENTIVE FOR SENDING UNSOLICITED COMMERCIAL COMMUNICATIONS
17-A. Consequences for failure of service providers to stop unsolicited commercial communications. If any service provider contravenes the provisions of 16[Regulation 7 or Regulation 15 or Regulation 16 or Regulation 17], it shall, without prejudice to the terms and conditions of its licence or any penalty which may be imposed under its licence, or provisions contained in clause (b) of sub-regulation (3) of Regulation 16 or the provisions of the Act or rules or regulations or orders made, or, directions issued, thereunder, be liable to pay an amount, by way of financial disincentive, not exceeding five thousand rupees and in case of second or subsequent such contravention, to pay an amount not exceeding twenty thousand rupees for each such contravention, as the Authority may, by order under Regulation 17-H, direct.
17-B. Factors to be taken into account by the Authority for deciding the amount of financial disincentive. While deciding the amount of financial disincentive under Regulation 17-A, the Authority shall have due regard to the extent of inconvenience caused to the consumer and the repetitive nature of non-compliance of the provisions of 17[Regulation 7 or Regulation 15 or Regulation 16 or Regulation 17], as the case may be, by the service provider.
17-C. Power of Authority to order inquiry. Where the Authority or the Chairperson, (hereinafter referred to as appointing authority ) has reasonable ground to believe that any service provider has contravened the provisions of 18[Regulation 7 or Regulation 15 or Regulation 16 or Regulation 17], it may, by order in writing, direct the inquiry committee to inquire into the contravention of the provisions of 19[Regulation 7 or Regulation 15 or Regulation 16 or Regulation 17], as the case may be and as may be specified by the appointing authority, and, to report thereon to the Authority.
17-D. Composition of inquiry committee. (1) The inquiry committee, for the purpose of holding inquiry as referred to in Regulation 17-C, shall consist of three officers not below the rank of Advisor in the Authority comprising of,
(a) one representative from the Regulatory Enforcement Division in the Authority;
20[* * *]
21[(b)] 22[two representatives] from any other 23[Divisions] in the Authority,
as may be nominated by the appointing authority:
Provided that an Advisor in the Authority, dealing with the case being inquired into, or, directed to be inquired into, shall not be nominated by the appointing authority as member of the inquiry committee in that case.
(2) If, for reasons other than temporary absence, any vacancy occurs in the office of any member of the inquiry committee, then, the appointing authority shall nominate another officer not below the rank of Advisor in the Authority to fill the vacancy and the proceedings may be continued before the inquiry committee from the stage at which the vacancy is filled by such nomination.
17-E. Procedure for holding inquiry for determining contravention of the provisions of Regulation 15 or Regulation 16 or Regulation 17. (1) In holding an inquiry for the purpose of determining contravention of the provisions of 24[Regulation 7 or Regulation 15 or Regulation 16 or Regulation 17], the inquiry committee shall, in the first instance, issue a notice to the concerned service provider requiring him to show cause within such period as may be specified in the notice (being not less than fourteen days from the date of service thereof).
(2) Every notice, under sub-regulation (1) to any service provider referred to in that sub-regulation shall indicate the details of contravention of the provisions of 25[Regulation 7 or Regulation 15 or Regulation 16 or Regulation 17], as the case may be, alleged to have been made by it.
(3) If, after considering the cause, if any, shown by such service provider, the inquiry committee is of the opinion that the concerned service provider should be heard in person, it shall issue a notice fixing a date for the appearance of that service provider through his authorised representative.
(4) The inquiry committee shall give an opportunity to the concerned service provider referred to in sub-regulation (1) to produce such documents or other material as it may consider relevant to the inquiry.
(5) If an authorised representative of any service provider fails, neglects or refuses to appear as required by sub-regulation (3) before the inquiry committee, it may proceed with the inquiry in the absence of such authorised representative after recording the reasons for doing so.
17-F. Report of inquiry committee. (1) After the conclusion of the inquiry under Regulation 17-E, the inquiry committee shall prepare a report indicating whether the service provider referred to in Regulation 17-C has contravened the provisions of 26[Regulation 7 or Regulation 15 or Regulation 16 or Regulation 17], as the case may be, and submit such report to the Authority.
(2) Every report made under sub-regulation (1) shall specify the provisions of 27[Regulation 7 or Regulation 15 or Regulation 16 or Regulation 17], which has been contravened and shall contain brief reasons for such conclusion and such report shall be dated and signed by all the members of the inquiry committee.
17-G. Service of notices. The notices referred to in sub-regulations (1) and (3) of Regulation 17-E shall be served on the concerned service provider in the following manner, that is to say,
(a) by delivering or tendering it to that service provider or his duly authorised representative; or
(b) by sending it to the concerned service provider by registered post with acknowledgement due to the address of its place of business or at its registered office.
17-H. Order for payment of amount by way of financial disincentive by Authority on report of inquiry committee. (1) The Authority may, after considering the report of the inquiry committee, by order, direct the service provider, which violated the provisions of 28[Regulation 7 or Regulation 15 or Regulation 16 or Regulation 17], as the case may be, to pay such amount, subject to the provisions of Regulation 17-A, by way of financial disincentive, as may be specified in the order:
Provided that no order for payment of any amount by way of financial disincentive shall be made by the Authority unless the concerned service provider had been given a reasonable opportunity or representing against the findings in the report of the inquiry committee.
(2) The Authority shall be guided by the principles of natural justice for the purposes of making an order for payment of any amount, by way of financial disincentive, under these regulations.
17-I. Deposit of amount payable by way of financial disincentive under these regulations. The amount payable by way of financial disincentive under these regulations shall be remitted to such head of account as may be mentioned in the order for payment of such amount under these regulations.]
Chapter V
MISCELLANEOUS