Sri Lanka Telecommunications

(1) There shall be established a commission which shall be called the Telecommunications Regulatory commission of Sri Lanka (here in after referred to as the “commission”) which shall consist of the persons who are for the time being members of the commission under subsection (1) of section 3 of this Act.

(2) The commission shall by the name assigned to it by subsection (1), be a body corporate and shall has perpetual succession and a common seal and may sue and be sued in such name.’.

(1) The commission shall consist of-

(2) The provisions of the Schedule to this Act shall have effect in relation to the appointed members of the commission.’.

(1) The quorum for a meeting of the commission shall be three members one of the whom shall be the chairman of the commission.

(2) The chairman or in his absence Director-General shall preside at every meeting of the commission.

(3) All questions for decision at any meeting of the commission shall be decided by the vote of the majority of the members present at such meeting.

(4) Subject to the preceding provisions of this section, the commission may regulate the procedure in regard to the meetings of the commission and the transaction of business at such meetings.

(1) The seal of the Commission-

(2) The commission shall maintain a register of the instruments and documents to register of the instruments and documents to which the seal of the commission has been affixed.

(a) to ensure the provision of a reliable and efficient national and international telecommunication service in Sri Lanka (save in so far as the provision thereof is impracticable) such DM will satisfy alt reasonable demands for such service intruding emergency services, public call box services, directory information services, maritime services and rural services as may be considered essential for the national well being;

(b) without prejudice to use generality of paragraph (a), to secure that: every operator: shall have and employ the necessary technical, financial and managerial resources to ensure the provision of the services specified in his licence ;

(c) to protect and .promote the interests of consumers, purchasers and other users and the public interest with respect to the charges for, and the quality and variety of telecommunication services provided and telecommunication apparatus supplied ;

(d) to maintain and;to promote effective competition between persons engaged in commercial activities connected with telecommunication and promote efficiency and economy on the part of such persons ;

(e) to promote the rapid and sustained development of telecommunication facilities both domestic and international;

(f) to ensure that operators are able to carry out their obligations for providing a reliable and efficient service free of undue delay,, hindrance or impediment;

(g) to promote research into and the development and use of new techniques in telecommunications and related fields;

(h) to encourage the major users of telecommunication services whose places of business are outside Sri Lanka to establish places of business within Sri Lanka; and

(i) to promote the use of Sri Lanka for international transit services.

(a) to ensure that the telecommunication services in the country are operated in a manner which will best serve and contribute to its overall economic and social development and advancement;

(b) to advise the Minister in the granting of licences to operate telecommunication systems under this Act;

(c) to advise the government on matters relating to telecommunication including policies on tariffs, pricing and subsidies and legislative measures required for the provision of public telecommunication services ;

(d) to pay due regard to the public interest and the convenience and wishes of the general public as regards the telecommunication services provided by an operator ;

(e) to comply with such general policy directions as may be given from time to time by the Minister regarding the performance of the duties and exercise of the powers of the Authority, and furnish such information as may be required by him in accordance with the provisions of section 67;

(f) to take such regulatory measures as may be prescribed to comply with any general or special directions that may be given to it from time to time by the Government of Sri Lanka in the interest of national security, public order and the defence of the country ;

(g) to direct any operator to comply with requirements laid down by the International Telecommunications Union and other relevant International Organisations in respect of both equipment and technical standards;

(h) to ensure compliance by operators with international or other obligations entered into by the Government of Sri Lanka in relation to telecommunication ;

(i) to assisst any Ministry where requested, in the conduct of negotiations to establish agreements with the international Telecommunication union, other foreign telecommunication operators and international telecommunication organizations, regarding standards and procedures for the establishment of a telecommmunication system ;

(j) where so required at the request of the Minister or of any other relevant Ministry, to represent the Government in international conferences or international and foreign bodies concerned with telecommunication

(k) to determine in consultation with the Minister, the tariffs or methods for determining such tariffs, taking into account government policy and the requirements of the operators in respect of the telecommunication services provided by the operators : provided that the tariff rates, call charges and other charges in force immediately prior to the transfer date shall continue in force and shall be deemed to be the tariffs specified under this Act, until revised or amended under the provisions of this Act;

(l) to approve interconnection charges and charges for calls between licensed interconnected telecommunication systems where operators of those systems are able to agree on such charges, and to determine such charges where operators are unable to agree ;

(m) to require operators of telecommunication systems to adopt such accounting systems as may be approved by the Authority;

(n) to require any operator to submit to it transmission plans, signalling plans, switching and numbering plans and to approve or modify such plans as well as to publish and ensure compliance with such plans;

(o) to specify technical standards and procedures for the provision of telecommunication services ;

(p) to specify standards for the education and training of technical manpower in telecommunication;

(q) to approve types of telecommunication apparatus which may be connected to a telecommunication system ;

(r) to take such regulatory measures including the issue of directives as may be deemed necessary to monitor the quality of services provided by operators and to ensure that these services conform to standards relating to quality of service specified by rules made under this Act.

(s) to promote, in co-operation with the operators or otherwise, research and development in telecommunication at universities and research, institutes in Sri Lanka ;

(t) to establish such advisory bodies as may be deemed necessary for the purpose of advising it on any matter pertaining to the exercise, performance and discharge of the powers, functions and duties of the Authority under this Act;

(u) to negotiate with any public corporation or other person, for the prevention of any obstruction or interference with a radio beam or any communication facility or for the removal of any such obstruction or interference ;

(v) to ensure the conservation and proper utilisation of the radio frequency spectrum by operators and other organisations and individuals who need to use radio frequencies ;

(w) to make and enforce compliance with rules to minimise electro-magnetic disturbances produced by electrical apparatus and all unauthorized radio frequency emissions; and

(x) to do all such other acts which may be incidental or conducive to, the attainment of the objects of the Authority or the exrcise or discharge of its powers and duties under this: Act- ;

(1) In the exercise and discharge of its powers and functions under this Act, the Authority may conduct prescribed technical examinations for the purpose of establishing and maintaining such technical standards as may be deemed necessary for the purpose of providing an adequate and efficient telecommunication service.

(2) In giving effect to the provisions of subsection (1), the Authority may appoint boards of examiners for the purpose of conducting examinations.

(3) The fees to be charged from candidates presenting themselves for examinations shall be as prescribed.

(a) for the purpose of enabling the Authority to ascertain the financial viability and true condition of the affairs of an operator, by notice in writing require such operator to furnish to the Authority within such period as may be specified in the notice-

Provided however that the Authority shall treat as confidential all information furnished to the Authority by the opedotor in compliance with any such requirement;

(b) for the purpose of exercising, performing and discharging its powers, functions or duties under this Act by notice in writing require any person”

Provided however that a person referred to in this paragraph shall not be compelled for any such purpose to produce any document which he could not be compelled to produce in any civil proceedings before a court.

(1) Where a subscriber to a telecommunication service or a member of the public makes a complaint to the Authority in relation to the telecommunication service provided by an operator, the Authority may make such investigation as it may deem necessary and shall cause such remedial measures to be taken as the circumstances if the case may require.

(2) In the course of any investigation under subsection (1), the Authority may direct such operator to take such steps as appears to it to be necessary for the rectification of any cause or matter which gave rise to the complaint, and direct that financial redress be provided where appropriate.

(3) Every complaint made under subsection (1) shall be in writing and shall set out clearly the reasons therefor.

(1) The Authority shall be the sole lawful body in Sri Lanka to manage and control the use of the radio frequency spectrum and incidental and restricted emissions, matters relating to the stationary satellite orbit and shall have the power where it deems necessary to withdraw or suspend its use or prohibit any such emission.

(2) The Authority shall be the sole lawful authority to negotiate with the International Telecommunications Union or its affiliated bodies on all matters referred to in subsection (1).

(1) Where the Authority is satisfied that a person who is authorized by a licence under section 17 to operate a telecommunication system is contravening or has contravened any of the conditions of his licence, the Authority may, subject to subsection (2), make an order for the purpose of securing compliance with that condition or may subject to subsection (3), revoke any such order.

(2) Before making an order under subsection (1) the Authority shall give notice”

and shall consider any representations or objections which are duly made and not withdrawn.

(3) Before revoking an order made under subsection (1), the Authority shall give notice”

and shall consider any representations or objections which are duly made and not withdrawn.

(4) A notice under subsection (2) or subsection (3) shall be given by publication in such manner as the Authority considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of per sons likely to be affected by such notice and by sending a copy of the notice to the operator affected by it.

(5) As soon as practicable after an order is made under subsection (1) or subsection (3), the Authority shall”

(1) on representation made to it or otherwise, the commmission may, where it deems necessary in the public interest, that any matter relating to the exercise or proposed exercise of its powers, needs investingation or determination, of its own motion, hold a public hearing.

(2) The Authority shall, where the Minister so directs in the public interest, hold a public hearing in relation to any matter relating to telecommunication specified in such direction.

(3) For the purpose of holding a public hearing under subsection (1) or subsection (2), a committee of inquiry (hereinafter referred to as the ” committee “) shall be constituted which shall consist of the chairman of the commission or any other officer nominated by the said chairman who shall preside at any meeting of such committee, and two or more other officers to be reinitiated by the Authority for that purpose.

(4) The proceedings at any public hearing to be held by the committee under this section may be conducted in any manner not inconsistent with the principles of natural justice which to the committee may seem best adapted to elicit proof or information relating to the matter under investigation.

(5) The committee may require evidence or arguments to be presented in writing and may decide the matters upon which it will hear oral evidence or arguments.

(6) The committee may at a public hearing admit or reject any evidence adduced, whether oral or documentary and the provisions of the Evidence Ordinance relating to the admissibility of evidence shall not apply.

(7) Every person who gives evidence before the committee shall, in respect of such evidence, be entitled to all the privileges to which a witness giving evidence before a court of law is entitled in respect of evidence given by him before such court.

(8) The proceedings at a public hearing shall be open to the public and minutes thereof including a summary of the evidence given and a statement of all facts taken into consideration shall be kept by the member presiding at the hearing.

(9) The committee shall determine the periods that are reasonably necessary for the fair and adequate presentation of any matter which is the subject of public hearing under this section and may require those matters to be presented within the respective periods so determined.

(10) Any person who has been summoned or whose interests are likely to be affected by any matter before the committee may appear in person or by authorized representative.

(11) In the event of a difference of opinion among the members of the committee the decision of the majority shall be the decision of the committee.

(12) During or at the conclusion of a public hearing, the committee may”

(13) Every order or award made and every direction in pursuance of paragraph (a) of subsection (12) shall be published in the Gazette, and a copy of every such order, award or direction shall be served on each party to the public hearing.

(1) The committee shall have power to summon to attend at a public hearing held under section 12, any person who in the opinion of the committee, may be able to give evidence in relation to any matter before the committee or to produce any document, and may examine him on oath or affirmation. Any person so attending may be allowed reasonable expenses necessarily incurred by him in so attending,

(2) If any person summoned to appear before the committee

such person shall be guilty of the offence of contempt against or in disrespect of the ruling of the committee.

(3) Where the committee determines that a person has committed any offence of contempt referred to in subsection (2) against or in disrespect of its ruling, the committee may cause the member presiding to transmit to the Court of Appeal a certificate setting out its determination. Every such certificate shall be signed by the member who presides at the public hearing.

(4) In any proceeding for the punishment of an offence of contempt which the Court of Appeal may think lit to take cognizance of, any document purporting to be a certificate signed and. transmitted to that Court under sub section (3) shall”

(5) Every offence of contempt committed against or in disrespect of the ruling of the committee at a public hearing held under section 12, shall be punishable by the Court of Appeal or any judge thereof in the same manner as if it were an offence of contempt committed against or in disrespect of the authority of that Court.

(1) An order made by the Authority under section 11 and an order, award or direction made by the committee under section 12 shall, subject to subsection (2) be final.

(2) An appeal shall lie by any person aggrieved from an order, award or direction made under section. 11 or 12 on a question of law, to the Court of Appeal.

(3) An appeal under subsection (2), shall be by written petition and shall”

(4) Where a petition of appeal is presented to the Authority in the manner and within the time specified in subsection (3), he shall”

(5) The Court of Appeal may in determining such question of law confirm, vary or annul the order, award, or direction of the Authority or the committee, as the case may be, or may remit the case to the Authority or the committee with the decision of that Court on the question of law with such directions as may be deemed appropriate.

(1) Subject to the provision of section 20, no person shall operate a telecommunication system in Sri Lanka except under the authority of a licence granted by the Minister in accordance with subsection (2).

(2) The Minister may grant the licence referred to in subsection (1) on the recommendation of the Authority,provided he shall have the power to reject such recommendations for reasons assigned and grant a licence in his own discretion,

(3)

(4) Every application for a licence shall be in writing and shall be made to the Authority in such manner as may be required by the Authority.

(5) Before recommending the grant of a licence, the Authority shall satisfy itself that the applicant is capable of operating the telecommunication system for which licence is being applied for.

(6) A licence under subsection (2) of this section”

(7) The terms and conditions referred to in paragraph (c) off subsection (6) may include”

(8) A licence granted under this section shall be published in such manner as the Authority may determine is best calculated to give publicity thereto.

(9) All sums paid as fees under this section for the issue of a licence shall be paid in to the Fund of the commmission established by section 22F of this Act.

(1) The Authority may, subject to the provisions contained in subsection (6) of section 17, recommend to the Minister the modification of any condition of a licence granted under that section and on receipt of the concurrence of the Minister duly effect such modifications.

(2) Prior to recommending the modification of any condition of a licence to the Minister under subsection (1), the Authority may if it considers it in the public interest to do so, give public notice in like manner as is specified in paragraphs (a) and (b) of subsection (3) of section 17.

(3) The Authority shall consider any representation or objection duly made in response to such public notice.

(1) An operator shall not permit the use of the telecommunication system in respect of which a license is issued to such operator,by any other is issued to such operator, by any other person, for the purpose of sending or receiving messages by such person by way of a business on the payment of a fee or reward, without obtaining the prior approval of the commission,

(2) on appilcation being made in that behalf by an operator, the commission shall grant approval for the purpose of subsection (1), by the issue of a permit to the operator which shall be subject to such terms and conditions as may be specified therein.

(3) The Commission may at any time cancel the permit issued under subsection (2),on the breach of any of the terms and conditions to which it is subject to.

(4) An operator who acts in contravention of subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not less than ten thousand rupees,”.

(1) A person who operates a telecommunication system in Sri Lanka without obtaining a licence under section 17, shall be guilty of an offence under this Act.

(2) An operator shall be guilty of an offence under this Act if”

(1) Notwithstanding the provisions contained in subsection (1) of section 17 and subject to subsections (2) and (3) of this section no licence shall be required”

(2)

(3)

(4) An operator may if he so desires request the Authority to monitor an interconnection referred to the subsection (3) in the interests of operational efficiency and technical standards and the Authority shall where so requested take appropriate measures to comply with such request.

(1) No person shall by way of trade, manufacture, import, sell, offer for sale, deal in transfer, hire, lease, demonstrate, maintain or repair, any telecommunication apparatus, except under the authority of a licence issued by the commission in such form as may be determined by the commission.

(2) Every licence issued by the Authority for any such purpose as referred to in subsection (1) shall”

(3) The Authority may at any time revoke and deter mine any licence granted under this section on the breach of any of the conditions and restrictions to which it is subject or in the event of any default in the payment of any consideration payable thereunder or on the failure of the licensee to comply with any regulations made under this Act relating to the same.

(4) where the Authority”

the applicant or the licence may within one month after the date of the communication to him of the decision of the Authority appeal against-such refusal or revocation, as the case may be, to the Court of Appeal which may on such appeal confirm or set aside the of the Authority.

(5) Every person who contravenes the provisions of subsection (1) shall be guilty of an offence under this Act and shall be liable on conviction to a Sue not exceeding ten thousand rupees and in default of payment of such fine to imprisonment of either description for a term not exceeding three months.

(1) No person shall use any radio frequency or any radio frequency emitting apparatus in Sri Lanka or in any ship or aircraft registered in sri lanka; except under the authority of a licence issued by the commission for that purpose under subsection (2), Every application for a licence under this section shall be made to the commission in such form as may be determined by the commission.

(2) Every licence issued by the Authority for any such purpose as is referred to in subsection (1) shall

(3)The Authority may at any time revoke and determine any licence granted under this section on the breach of any of the conditions and restrictions to which, it is subject or in the event of any default in the payment of any consideration payable thereunder or on the failure of the licensee to comply with any regulations for the time being in force under this Act relating to the same.

(4) Where the Authority”

the applicant or the licences may within one month after the date of the communication to him of the decision of the Authority appeal against such refusal or revocation, as the case may be, to the court of Appeal which may on such appeal confirm or set aside the decision of the Authority.

(5) A person who uses any radio frequency in contravention of the provisions of subsection (1) shall be guilty of an offence under this Act.

(1) No person shall perform cabling work in any premises except under the authority of a license issued by the commission for that purpose under subsection (2). Every application for a licence under this section shall be made to the commission in such form as may be determined by the commission.

(2) A licence issued under subsection (1) shall be-

(3) The commission may at any time revoke and determine any licence granted under this section on the breach of any terms and conditions of the licence, or on the failure of the licence to comply with the technical standards he was required to conform to.

(4) Where the commission refuses an application made for a licence under subsection (1) or revoke a licence issued under subsection (3), the applicant or the licensee as the case may be may, within one month after the date of the communication to him of the decision of the commission, appeal against such refusal or revocation as the case may be, to the court of Appeal, within may confirm or set aside the decision of the commission.

(5) The prohibition imposed under sub-section (1) shall not operate in regard to persons who are employed by a licence holder under this section, in performing cabling work, and who carries out such work under the supervision of the licence holder.

(6) Rules may be made under this section-

(1) The Minister shall appoint a person to be the Director-General of Telecommunications (in this Act referred to as the “Director-General”) who shall be the chief Executive officer of the Commission,The conditions of employment, including remuneration of the Director-General shall be determined by the Minister.

(2) The Director-General shall, subject to the General direction and control of the commission, be charged with the direction of the affairs and transactions of the commission, the exercise and performance of its powers and duties and the administration and control of the employees of the commission.

(3) The Director-General may, with the approval of the commission, whenever he considers it necessary to do so, delegate to any employee of the commission, any power or duty conferred or imposed upon him by this Act, and such employee shall exercise and perform such power or duty subject to the general or special directions of the Director-General.

(4) The Minister may remove from office the Director-General appointed under subsection (1).

(1) The commission may, subject to the provisions of this Act-

(2) The commission may make rules in respect of all or any of the matters referred to in subsection (1).

(1) At the request of the commission, any officer in the public service other than a public officer to whom section 65B or section 65c applies, may , with the consent of that officer and the secretary to the Ministry of the Minister in charge of the subject of public Administration, be temporarily appointed to the staff of the commissioner for such period as may be determined by the commission with like consent, or be permanently appointed to such staff,

(2) Where any officer in the public service is temporarily appointed to the staff of the commission under subsection (1), the provisions of subsection (2) of section 14 of the National Transport Commission Act, No. 37 of 1991, shall, mutatis mutandis, apply to and in relation to, such officer.

(3) Where any officer in the public service is permanently appointed to the staff of the commission under subsection (1), the provisions of subsection (3) of section 14 of the National Transport Commission Act, No. 37 of 1991, shall, mutatis mutandis, apply to and in relation to, such officer.

(4) Where the commission employs any person who has agreed to serve the Government for a service to the commission by that person, shall be regarded as service to the Government for the purpose of discharging the obligations of such agreement.

(1) At the request of the commission any officer or servant of a public corporation may, with the consent of such officer or servant and the governing board of such corporation, be temporarily appointed to the staff of the commission for such period as may be determined by the commission with like consent or with the like consent permanently appointed to the staff of the commission on such terms and conditions ,including those relating to pension or provident fund rights, as may be agreed upon by the commission and the governing board of such corporation.

(2) Where any persons is appointed, whether temporarily or permanently under subsection (1) to the staff of the commission, he shall be other subject to the same disciplinary control as any other member of the staff.

(1) The commission shall have its own Fund.

(2) There shall be paid into the Fund-

(3) There shall be paid out of the Fund of the Commission all such sums of money as may be required to defray any expenditure incurred by the commission in the exercise and performance of its powers and duties.

(1) There shall be charged, levied and paid a cess, at such rates as may be determined by the Minister from time to time with the concurrence of the Minister in charge of the subject of Finance , by order published in the concurrence of the Minister in charge of the subject of Finance, by order published in the Gazette, on the annual turnover of the operator.

(2) The amount of cess imposed under this section may be varied or rescinded by a like order.

(3) Every Order made by the Minister under this section shall come into force on the date of its publication in the Gazette or on such later date as may be specified therein, and shall be brought before parliament for approval within four months of the date of its publication. Any such order which is not so approved shall be deemed to be revoked from the date of its disapproval, but without prejudice to the validity of anything previously done thereunder.

(4) The cess imposed under this section shall be in addition to any other tax or cess levied under any other written law.

(1) The commission shall cause proper books of accounts to be kept of the income and expenditure, assets and liabilities and all others transactions of the commission.

(2) The provisions of Article 154 of the constitution relating to the audit of the accounts of public corporations shall apply to the audit of the accounts of the commission.”.

(1) On such day as the Minister by Order published in the Gazette appoint (in this Act referred to as the “transfer date”) ail the property rights and liabilities (other than those excluded by the agreement referred to in subsection (2) to which the Department of Telecommunication was entitled or subject immediately before the transfer date shall vest in the Corporation named ” Sri Lanka Telecom ” (hereinafter referred to as ” the Corporation”) established by an incorporation Order made under section 2 of the State Industrial Corporations Act, No. 49 of 1957 and published in Gazette No. 596/11 of February 6, 1990.

(2) At any time before the transfer date the Minister and the Corporation may agree in writing as to the property rights and liabilities which shall remain with the Department of Telecommunications after that date.

(a) all contracts, leases or tenancy agreements entered into by, with or for the Department of Telecommunications and subsisting on the day immediately preceding the transfer date shall be deemed with effect from that date to be contracts, leases or tenancy agreements entered into by, with or for the Corporation ;

(b) all interests, rights, easements, obligations, debts and liabilities of the Department of Telecommunications subsisting on the day immediately preceding the transfer date shall with effect from that date be deemed to be the interests, rights, eosements obligations, debts and liabilities of the Corporation ;

(c) all installations, plant and equipment and other property installed and maintained or are in the process of beined installed and maintained by the Department of Telecomunication and all matters and things of whatever description inquired or used to maintain or supply the telecommunication service of the Department of Telecommunications subsisting on the day immediately preceding the transfer date shall be transferred to and be vested in the Corporation with effect from that date ;

(d) the Corporation shall have the right to recover or receive any moneys that on the day immediately before the transfer date were due and owing to the government in respect of, or for or on account of the telecommunication system transferred under this Act to the Corporation or that would after the transfer date have become due to the Government if such transfer had not taken place.

(a) every public officer of the Department of Telecommunications not being any such officer in a transferable service of the Government, other than an officer in the Sri Lanka Engineering Service shall, before the transfer date, give notice in writing to the Director of Telecommunications that such officer intends, on the transfer date,

(b) a notice given to the Director of Telecommunications before the transfer date by a public officer of the department under paragraph (a), shall be final.

(1) Any public officer of the Department of Telecommunications who does not give the notice required under sub-paragraphs (ii), (iii), (iv) or (v) of paragraph (a) of section 28 before the transfer date, or gives such notice under sub-paragraph (i) of paragraph (a) of that section, shall continue in office as a public officer of the Department of Telecommunications on and after that date

(2) A public officer referred to in subsection (1) so long as he continues in such office, shall perform, the work for and on behalf of the Corporation in his capacity as such officer and be eligible to the same conditions of service as he was entitled to while doing work for the Department of Telecommunications in his capacity as such officer and shall be subject to such disciplinary control as any other public officer.

(3) Where any public officer of the Department of Telecommunications continues in office as such officer on and after the transfer date performing work for and on behalf of the Corporation in his capacity as such officer, the Corporation shall pay out of the funds of the Corporation to the Deputy Secretary to the Treasury to be credited to the Consolidated Fund, such sum not exceeding such, amount as may be determined by the Minister in charge of the subject of Finance as sufficient to cover the salary, and other expenses including pension or provident fund contributions, payable by the Government in respect of such officer.

(1) Any public officer of the Department of Telecommunications who gives notice under sub-paragraph (ii) or (iii)or (iv) or (v) of paragraph (a) of section 28 before the transfer date shall-

(2) In the event of any conflict or inconsistency between the provisions of subsection (1) of this section and subsection (1) of section 29, and any other provisions of this Act, the provisions of those subsections shall to the extent of such conflict or inconsistency prevail over such other provisions.

(a) such employee shall be employed by the Corporation on such terms and conditions as may be agreed upon by such employee and the Corporation: Provided however, that such terms and conditions shall not be less favourable than the terms and conditions on which such employee was previously employed in the Department of Telecommunications ;

(b) if on the transfer date, such employee was a public officer of the Department of Telecommunications holding a post declared to be pensionable and who had less than ten and not less than eight years’ pensionable service, then”

(c) notwithstanding the provisions of section 30 and the preceding provisions of this section, and anything to the contrary in any other written law where a public officer of the Department of Telecommunications becomes an employee of the Corporation by virtue of the operation of the provisions of section 30″

(1) Any person who on and after the transfer date continues in office as a public officer of the Department of Telecommunications performing work for and on behalf of the Corporation in his capacity as such officer may at any time with his consent be appointed to the staff of the Corporation.

(2) Where any public officer is appointed to the staff of the Corporation under subsection (1), the provisions of subsection (3) of section 13 of the Transport Board Law, No. 19 of 1978, shall, mutatis mutandis, apply to and in relation to him.

(1) For the purpose of providing telecommunication service by means of the telecommunication system he is licensed to operate, the operator or any person authorised by him in writing may, from time to time, place and maintain a telecommunication line under, over, along or across, and posts in, or upon, any immovable property and for that purpose it shall be lawful for any officer in the employ of the operator, and. for the servants, workmen, and labourers employed by or under such officer-

Provided that-

(2) Nothing contained in paragraph (v) of the proviso to subsection (1), shall preclude any person who suffers any loss or damage by reason of the exercise by an operator of the powers conferred upon him under subsection (1), from instituting an action against such operator for compensation.

(3) If, any dispute arises concerning the sufficiency of the compensation to be paid under paragraph (v) of the proviso to subsection (1), such dispute shall, on application made by way of summary procedure for that purpose by either of the disputing parties to the District Court within the jurisdiction of which the property is situate, be summarily determined by that court.

(4) If any dispute arises as to the persons entitled to receive compensation or as to the proportions in which, the persons interested am entitled to share in it, an operator may pay into the District Court within the jurisdiction of which the property is situate such amount as is deemed sufficient or where all the disputing parties have in writing admitted the amount rendered to be sufficient or the amount has been determined under subsection (3), the amount so admitted or determined and the court, after giving notice to the parties and hearing such, of them as desire to be heared. shall summarily determine the persons entitled to receive the compensation, or as the case may be, the proportions in which the persons interested are entitled to share in it.

(5) The cost of ail legal proceedings under this section shall ho determined by the District Court. An operator shall not be liable to pay any coats unless there is a dispute-concerning the sufficiency of the compensation to be paid under paragraph (v) of the proviso to subsection (1), and in such case the operator shall be liable to pay costs should the amount of compensation determined by the District Court be more than the amount deemed sufficient by the operator, unless the court shall be of opinion that the claim of the applicant was so extravagant, or that he was so negligent in putting his claim before the said operator, that some deduction from his costs should be made, or that he should pay part of the costs of the said operator.

(6) Nothing in this section shall affect the right of any person to recover the whole or any part of any compensation paid by the operator from the person who has received such compensation.

(1) Where an owner of any immovable property fails or refuses to grant to the operator the written consent referred to in paragraph (i) of the proviso to subsection (1) of section 33, the operator may report such fact to the Authority.

(2) Where a report under subsection (1) is made to the Authority, and the Authority after due inquiry is satisfied of the reasonableness of the requirements of the operator, he may take such steps as it deems reasonably necessary to procure the said, written consent for the use of the said property for and on behalf of the operator

(1) The Mayor or Chairman of a local authority or the Board of Directors or the management of a public corporation may having, regard to the provisions of paragraph (iv) of the proviso to section 33, permit, an operator to exercise all or any of the powers under that section subject to payment to the local authority or public corporation of a fee for the use of the property and to conditions relating to the time or mode of execution of any work or for any other thing connected with or relating to any work undertaken by an operator under that section.

(2) Where any sum of money is payable to a local Authority or a public corporation under subsection (1), or where compensation is payable under subsection (2) of section 37 and an operator disputes such payment or compensation as excessive or unreasonable taking into account: all the circumstances, then, and in every such case the matter so in dispute shall be referred to the Authority for determination and the Authority shall determine the same.

(3) A party aggrieved by the determination of the Authority under subsection (2) may refer the dispute to two arbitrators, one to be appointed by each party, and such arbitrators shall before entering on the arbitration select an umpire, and the decision of such arbitrators where they are agreed or in the case of a difference of opinion among the arbitrators, the decision of the umpire, shall be final.

(1) The operator may for the purpose of exercising the powers conferred upon it by this Act in respect of any property vested in or under the control or management of a local authority or public corporation alter the position thereunder of any pipe (not being a main) for the supply of gas or water or of any line, wire,or cable for the supply of electric power, or of any drain (not being main drain) subject to the permission of the local authority or public corporation , as the may be.

(2) The Mayor or Chairman of a local authority or the Board of Directors or the management of the public corporation, may send a person to superintend any work carried out by the operator in the exercise of those powers and the operator shall execute the work to the reasonable satisfaction of the person so sent and shall pay reasonable compensation in the event of any damage caused by the exercise of its powers.

(1) In the event of a dispute between the operator and the Mayor or Chairman of a local authority or the Board of Directors or management of a public corporation as the case may be, resulting from-

the matter in dispute shall be referred to the Authority for determination.

(2) A party to the dispute who is dissatisfied with the determination of the Authority under paragraph (a) or (b) of subsection (1) may within one month after the date of the communication to such party of that determination appeal therefrom to the Secretary to the Ministry of the Minister whose decision on any such determination shall be final.

(1) Where, under the provisions of this Act, a telecommunication line or post has been placed by an operator, under, over, along, across, in, or upon any property, and any person entitled to do an desires to deal with that property in such a manner as to render it necessary or convenient that the telecommunication line or post should be removed to any other part of that property or to a higher or lower level or altered in form, he may request the operator to remove or alter the line or not- accordingly:

Provided that, if compensation has been paid to such person under paragraph (v) of the proviso to subsection (1) of section 33 he shall, when making the request, tender to the operator an amount sufficient to defray the expenses of the removal or alteration.

(2) If an operator fails to comply with, the request within a reasonable time, the person making it may appeal to the Authority in writing requesting the Authority to require the operator to remove or alter the line or post.

(3) Where after any such, appeal as is referred to in sub section (2) the person making the request has failed to procure the removal or alteration of the line or post he may apply by way of summary procedure to the District Court within the jurisdiction of which the property is situate for an order requiring such removal or alteration.

(4) A District Court on receiving an application under subsection (3) may in its discretion reject such application or make an order, absolutely or subject to conditions; for the removal of the telecommunication line or post to any other part of the property or to a higher or lower level, or for the alteration of its form.

(1) Every person who contravenes or fails to comply with any provision of this Act or any regulation or rule made thereunder or with any requirement imposed thereunder or with any order, award or direction given thereunder shall be guilty of an offence.

(2) All offences under subsection (1) shall be triable summarily by the Magistrate’s Court.

(1) Every person guilty of an offence under subsection (1) of section 39 or section 22 shall be liable on conviction to a fine not less than twenty thousand rupees and not exceeding one hundred thousand rupees or to imprisonment of either description for a term not less than six months and not exceeding three years or to both such fine and such imprisonment.

(2) Every person guilty of an offence under subsection (2) of section 19 shall be liable on conviction to a fine not less than ten thousand rupees and not exceeding twenty thousand rupees or to imprisonment of either description for a term not less than three months and not exceeding six months or to both such fine and such imprisonment.

(a) transmits or receives any message by such telecommunication service; or

(b) performs any service incidental thereto ; or

(c) delivers any message for transmission by means of such telecommunication service; or

(d) accepts delivery of any message sent thereby,

(a) preventing or obstructing the transmission or delivery of any message ; or

(b) interrupting or acquainting himself with the contents of any message; or

(c) transmitting any message which he has no authority to transmit; or

(d) committing mischief or any act of vandalism,

(a) wilfully destroys, secretes, alters or otherwise than in the course of his duty, intentionally modifies or interferes with the contents of any message which he has received for transmission or delivery ; or

(b) wilfully, and otherwise than in obedience to any authority empowered to do so under this Act, omits to transmit, or intercepts or detains any message ; or

(c) otherwise than in pursuance of his official duty or as directed by court discloses the contents or any part of the contents of any message to any person other than the person to whom the message is addressed,

(a) without the permission of the telecommunication officer in charge, enters a telecommunication officer in charge, enters office ; or

(b) enters a fenced enclosure round such telecommunication office in contravention of any regulation or notice prohibiting such entry ; or

(c) refuses to quit such office or enclosure on being requested to do so by any officer or servant employed therein; or

(d) wilfully obstructs or impedes any such officer or servants in the performance of his duty,

(a) into the contents of a message or its usage information by electronic or other means ; or

(b) with the intention of interfering with any message or its usage information ; or

(c) with the intention of unlawfully learning the contents of any message or its usage information ; or

(d) with the intention of committing any offence punishable under this Act,

(1) Subject to the provisions contained in subsection (3) every telecommunication officer or any person having official duties in connection with a telecommunication system who otherwise than in the course of his duty.

shall be guilty of an offence.

(2) Subject to the provisions contained in subsection(3) every telecommunication officer or any person having official duties in connection with the running of a telecommunication system who otherwise than in the course of his duty intentionally discloses to any person the contents of any statement of account specifying the telecommunication services provided to any other person by means of that system, shall be guilty of an offence.

(3) The provisions of paragraph (a) of subsection (1) shall not apply to anything done in obedience to any direction given under the hand of the Minister under this Act, and paragraph (b) of that subsection and subsection (2) shall not apply to any disclosure in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings.

(4) Every officer or person guilty of an offence under this section shall be liable on conviction to a fine not exceeding ten thousand rupees, or imprisonment of either description for a term not exceeding six months.

(1) Every person who persistently makes telephone calls without reasonable excuse for the purpose of causing annoyance or inconvenience to any telecommunication officer or any person, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five, thousand rupees, and, in default of payment of such fine, to imprisonment of either description for a term not exceeding three months.

(2) It shall be lawful for a telecommunication officer to intercept, monitor, trace or record a call of the description referred to in subsection (1) or to refuse to allow such a call to be made.

(3) Every person who unlawfully and wilfully listens into a telephone conversation between two other persons shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand rupees or to imprisonment of either description for a term not exceeding two years or to both such fine and. such imprisonment.

(1) Whoever has in his possession, custody or control any telecommunication wire and is unable to establish that such wire has been acquired lawfully shall be guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand rupees or to imprisonment of either description for a term not exceeding three years or to both such fine and such imprisonment.

” telecommunication wire” for the purpose of this section means all conductors metallic and non-metallic used for purposes of telecommunications

(2) A certificate purporting to be under the hand of an officer authorised in writing by the Authority, certifying that any telecommunication wire in question is of the description referred to in subsection (1) shall be admissible in a court of law and shall be prima facie proof of the truth of the statements made therein.

(3) Any person who”

an offence under subsection (1), shall himself be guilty of that offence and shall be liable on conviction to the same punishment as is specified for a person convicted of an offence under subsection (1)

(a) if that body of persons is a body corporate, every person who at the time of commission of the offence was a Director, General Manager, Secretary or other similar officer of that body ; or

(b) if that body is not a body corporate, every person who at the time of commission of the offence was the President, Manager, Secretary or other similar officer of that body,

(1) If a Magistrate is satisfied by information on oath that there is reasonable ground for believing that, in contravention of the provisions of this Act, or any regulation or rule made thereunder, any telecommunication apparatus has been installed, or established, or is maintained or worked, or that any telecommunication apparatus has been imported, sold, or offered for sale in any place or in any vehicle or on board any ship or aircraft within his jurisdiction such Magistrate may grant a search warrant to any police officer authorising that officer to enter and inspect the place, vehicle, ship or aircraft, and to seize any apparatus which appears to that officer to be used or intended to be used for any telecommunication and which appears to him to have been imported, sold or offered for sale for the aforesaid purposes.

(2) Any telecommunication apparatus seized under the provisions of subsection (1) may upon the conviction of the owner or other person in control of such apparatus for an offence under this Act, by order of the Magistrate be forfeited to the State.

(a) the Authority has exercised discharged and performed any power, function or duty under section 27(a) of the principal enactment, as repealed by section 24 of this Act, such power, function or duty shall for all purposes be deemed to have been exercised discharged and performed with effect from the appointed date, by the Commission ; and

(1) The provisions of this section shall apply to every public officer who was in the service of the Authority not being any such officer in a transferable service of the Government, on the day immediately preceding the date of appointed date.

(2) Every public officer to whom subsection (1) applies and who holds a post declared to be pensionable under the Minutes on persons shall, not less than two weeks before such date as may be determined by the Minister by order published in the Gazette (hereinafter in this section referred to as the “relevant date”), give notice in writing to the Commission that such public officer, intends on that date.

(3) A notice given to the Commission before the relevant date by a public officer of the Authority under subsection (2), shall be final.

(4) Any public officer who was in the service of the Authority and who does not give the notice required under paragraphs (b), (c), (d), or (e) of subsection (2) before the relevant date, or gives such notice under paragraph (a) of subsection (2), shall continue in office as a public officer on and after that date.

(5) A public officer referred to in subsection (2) so long as he continues in such office, shall perform the work for and on behalf of the Commission in his capacity as such officer, and he eligible to the same conditions of service as he was entitled to while doing work for the Authority in his capacity as such officer, and shall be subject to such disciplinary control as any other public officer.

(6) Where any public officer who was a the service of the Authority continues in office as such officer on and after the relevant date performing work for and on behalf of the Commission in his capacity as such officer the Commission shall pay out of the Fund of the Commission to the Deputy Secretary to the credited to the Consolidated Fund, such sum not exceeding such amount as may be determined by the Minister in charge of the subject of Finance as is sufficient to cover the salary, and other expenses including pension or provident Fund contributions, payable by the Government in respect of such officer.

(7) Any public officer who was in the service of the Authority and who give notice under paragraph (b) or (d) or (e) of subsection (2) before the relevant date shall

(8) In the event of any conflict or inconsistency between the provisions of subsections (4) and (7) of this section and any other provisions of this Act, the provisions of those subsections shall to the extent of such conflict or inconsistency prevail upon such other provisions.

(9) The following provisions shall apply to and in relation to any employee of the Commission who becomes such an employee on the relevant date, by virtue of the operation of the provisions of subsection (7) :-

(10)

(1) Where any public officer of the Authority who was in a transferable service of the Government on the day immediately preceeding the appointed date, is appointed to the staff of the Commission, the provisions of section 65B shall, mutatis mutandis, apply to and in relation to, the employment of such officer.

(2) For the purpose of subsection (1), the reference to ‘relevant date” in section 65B shall mean the date on which the office referred to in that subsection, becomes an employee of the Commission.

(a) For the purpose of this part of this Act, “Authority” means the Authority as referred to in section 2 of the principal enactment as repealed by section 4 of this Act,’.

(b) in every context in which the Director General of Telecommunications appointed under section 2 of the principal enactment as repealed by section 4 of this Act (whether by name designation in full or by the abbreviated designation of Director General “)is mentioned in any written law, notice or other document or form required or authorized by any written law under section 27 (b) of the principal enactment as repealed by section 24 of this act, there shall be substituted for the words “Director General of Telecommunications ” of the words “commission”.

(1) The Minister may issue from time to time to the Authority, general or special directions in writing.

(2) It shall be the duty of the Authority to comply and to ensure compliance by any operator with any general or special directions issued by the Minister under subsection (1).

(1) The Authority may make rules in respect of all matters for which rules ate required or authorised to be made under this Act.

(2) All rules made by the Authority shall be published in the Gazette and shall come into effect on the date of publication or on such later date as may be specified therein.

(3) No rule made by the Authority shall have effect until it has been approved by the Minister.

(1) Where any immovable property is required for any purpose of the Commission, and the Minister, by Order published in the Gazette, approves the proposed acquisition, that property shall be deemed to be required for a public purpose and may accordingly he acquired under the Land Acquisition Act and be transferred to the Commission.

(2) Any sum payable for the acquisition of any immovable property under the Land Acquisition Act for the Commission, shall be paid from the Fund of the Commission.

(1) Where any immovable property of the State is required for the purpose of the Commission, such purpose shall be deemed to be a purpose for which a special grant or lease of such property may be made under, section 6 of the Crown Lands Ordinance, and accordingly, the provisions of that Ordinance shall apply to a special grant or lease of such property to the Commission.

(2) Where any movable property of the state is required for the purpose of the Commission, the Minister may by Order published in the Gazette, transfer to and vest in the Commission the possession and use of such movable property.

(a) where prohibition is expedient or necessary, prohibit the transmission or reception of messages by telecommunication either generally or at any specified person or class of person; or

(b) where supervision and control are expedient or necessary”

(a) against the Authority for any act which in good faith is done or purported to be done by the Authority under this Act or any regulation or rule made thereunder ; or

(b) against any officer, servant or agent of the Authority for any act which in good faith is done or purported to be done by him under this Act or any regulation or rule made thereunder or on the direction of the Authority.

(1) The Minister may make regulations in respect of any matter required by this Act to be prescribed or in respect of which regulations are authorised by this Act to be made.

(2) In particular and without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations prescribing”

(3) Every regulation made by the Minister shall be published in the Gazette and shall come into operation on the date of publication or on such later date as may be specified in the regulation.

(4) Every regulation made by the Minister shall as soon as convenient after its publication in the Gazette be brought before Parliament for approval. Any such regulation which is not so approved shall be deemed to be rescinded as from the date of its disapproval, but without prejudice to anything previously done thereunder.

(5) Notification of the date on which any regulation and by the Minister is so deemed to be rescinded shall be published in the Gazette.

(1) The Telecommunication Ordinance (Chapter 192) is here by repealed.

(2) Notwithstanding the- repeal of the aforesaid Ordinance”

(a) the installation of customer cabling for connection to a telecommunication system operated by an operator :

(b) the connection of customer cabling to a telecommunication system operated by an operator ; or

(c) the maintenance of customer cabling connected to a telecommunication system operated by an operator :-

(a) is or is intended to be connected to a telecommunication system operated by an operator ; and

(b) is used or intended to be used beyond the boundaries of any such telecommunication system referred to in paragraph (a) ;

(a) in transmitting or receiving anything falling within the definition of the expression ” telecommunication system ” which is to be or has been conveyed by means of a telecommunication system; or

(b) in conveying, for the purposes of such a system, anything falling within that definition;

(a) speech, music and other sounds ;

(b) visual Images;

(c) information for human comprehension that is intended for presentation in a two dimensional form, consisting of symbols, phrases or sentences in natural or artificial languages, pictures, diagrams and tables ; or

(d) signals serving for the actuation or control of machinery or apparatus;