POWERS AND FUNCTIONS OF THE AUTHORITYCentral

Section 12 of The Telecom Regulatory Authority of India Act, 1997

(1)Where the Authority considers it expedient so to do, it may, by order in writing,--
1. (a)call upon any service provider at any time to furnish in writing such information or explanation relating to its affairs as the Authority may require; or
2. (b)appoint one or more persons to make an inquiry in relation to the affairs of any service provider; and
3. (c)direct any of its officers or employees to inspect the books of account or other documents of any service provider.
(2)Where any inquiry in relation to the affairs of a service provider has been undertaken under sub-section (1),--
1. (a)every officer of the Government Department, if such service provider is a department of the Government;
2. (b)every director, manager, secretary or other officer, if such service provider is a company; or
3. (c)every partner, manager, secretary or other officer, if such service provider is a firm; or
4. (d)every other person or body of persons who has had dealings in the course of business with any of the persons mentioned in clauses (b) and (c), shall be bound to produce before the Authority making the inquiry, all such books of account or other documents in his custody or power relating to, or having a bearing on the subject-matter of such inquiry and also to furnish to the Authority with any such statement or information relating thereto, as the case may be, required of him, within such time as may be specified.
(3)Every service provider shall maintain such books of account or other documents as may be prescribed.
(4)The Authority shall have the power to issue such directions to service providers as it may consider necessary for proper functioning by service providers.

Summary

The regulator has the power to call upon any service provider to supply written information or explanations about its affairs.
The regulator can appoint one or more people to conduct a formal inquiry into the affairs of any service provider.
The regulator can direct its officers or employees to inspect the books of account or other documents of any service provider.
During an inquiry, government officials, company officers, partners, or any person who has dealt with them are legally bound to produce the relevant books and documents.
Every service provider must maintain the categories of books of account or other documents that are prescribed by rules.
The regulator is empowered to issue directions to service providers to ensure they function properly.

Practical examples

1On March 15, 2026, the regulator suspects that a telecom operator named Apex Cellular is charging customers incorrect roaming rates. Under Section 12, the regulator sends an official order requiring Apex Cellular to hand over its billing records and appoints two senior auditors to inspect the company's accounts.

2An employee of the state-owned telecom department, Mr. Anil Sharma, is asked by the regulator to produce specific network logs during an active investigation on May 22, 2026. Under Section 12, Mr. Sharma is legally bound to hand over these documents from his custody to the investigating officers.

FAQ

1. What investigative powers does the regulator have under Section 12 of the Telecom Regulatory Authority of India Act, 1997?

Under Section 12 of the Telecom Regulatory Authority of India Act, 1997, the authority has the power to order any service provider to furnish written explanations or information, appoint investigators to look into their affairs, and direct its officers to inspect their books of accounts.

2. Who is legally bound to produce documents for an inquiry under Section 12 of the 1997 Indian telecom regulator law?

Under Section 12 of the 1997 Indian telecom regulator law, government officers, company directors, managers, partners, and any individuals who have done business with them are legally required to produce the requested books and documents.

3. Are telecom companies required to maintain specific records under Section 12 of the TRAI Act, 1997?

Under Section 12 of the TRAI Act, 1997, every telecommunication service provider is legally required to keep and maintain books of accounts and other business documents as prescribed by the rules.

4. Can the authority issue binding commands to telecom companies under Section 12 of the Telecom Regulatory Authority Act, 1997?

Under Section 12 of the Telecom Regulatory Authority Act, 1997, the authority has the power to issue binding directions to service providers to make sure they function properly.

Test yourself

Q1.Under Section 12 of The Telecom Regulatory Authority of India Act, 1997, who is legally bound to produce books of account during an inquiry into a service provider that is a company?

Q2.Under Section 12 of The Telecom Regulatory Authority of India Act, 1997, how is the specific category of books of account or other documents that service providers must maintain determined?

Q3.Under Section 12 of The Telecom Regulatory Authority of India Act, 1997, when the Authority issues directions under Section 12(4) for the proper functioning of service providers, what limit is placed on these directions by Section 13?

Q4.Under Section 12 of The Telecom Regulatory Authority of India Act, 1997, which of the following is NOT one of the powers the Authority can exercise by written order?

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