Sri lanka Telecommunications (Amendment)

(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.”.

“(i) to assist 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 telecommunication system ; ” ;

(a) by the substitution in paragraph (a) of that subsection for the words ” be proposes “, of the words ” it proposes “;

(b) by the substitution in paragraph (b) of that subsection for the words ” in his opinion “, of the words “in its opinion “;

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

(a) by the substitution in paragraph (a) of that subsection, for the words “as he deems appropriate of his intention”, of the words “as it deems appropriate of its intention”; and

(b) by the substitution in subparagraph (i) of paragraph (b) of that subsection, for the words “that the commission propose”;

(a) by the subsection in paragraph (b) of that subsection, for all the words from “incurred by him” to the end of that paragraph, of the words “incurred by it in granting the licence :”; and

(b) by the substitution in paragraph (c) of that subsection, for the words “his duties”, of the words “its duties” ; and

(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 application 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,”.

(a) by the substitution for sub-paragraph (ii) of that paragraph, of the following sub paragraph :-

(b) by the substitution in sub-paragraph (iii) of that paragraph for the words “where a single individual runs such system and-“, of the words “which is not connected to another telecommunication system and where a single individual runs such system and-“

“(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.” ;

(a) in paragraph (b) of that subsection , by the substitution for the words “be in the prescribed form and under the hand”, of the words “be under the hand” ; and

(b) by the repeal of paragraph (c) of that subsection and the substitution therefor of the following paragraph-

“(c) be on the payment of such fee as may be specified by the commission : and ” ; and

“(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.”;

(a) by the repeal of paragraph (a) of that subsection, and the substitution therefor of the following paragraph:-

(b) by the repeal of paragraph (b) of that subsection, and the substitution therefor of the following paragraph:-

(c) by the substitution in paragraph (c) of that substitution for the words “use of the prescribed frequency equipment”, of the words “use including the sealing of such radio frequency emitting apparatus” ;

(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.”.

(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

(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 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,’.

(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.