Section 38 of The Telecom Regulatory Authority of India Act, 1997
The provisions of this Act shall be in addition to the provisions of the Indian Telegraph Act, 1885 (13 of 1885) and the Indian Wireless Telegraphy Act, 1933 (17 of 1933) and, in particular, nothing in this Act shall affect any jurisdiction, powers and functions required to be exercised or performed by the Telegraph Authority in relation to any area falling within the jurisdiction of such Authority.
Summary
- This section states that the provisions of this Act are in addition to, and not in place of, the Indian Telegraph Act, 1885 and the Indian Wireless Telegraphy Act, 1933.
- It ensures that the jurisdiction, powers, and functions of the Telegraph Authority remain unaffected in its designated areas.
- It establishes a cooperative legal framework where multiple telecom laws apply concurrently rather than canceling each other out.
Practical examples
FAQ
1. How does Section 38 of the Telecom Regulatory Authority of India Act, 1997 interact with other Indian communication laws?
Section 38 of the Telecom Regulatory Authority of India Act, 1997 clarifies that its provisions are in addition to, and do not replace, the rules and requirements of the Indian Telegraph Act, 1885 and the Indian Wireless Telegraphy Act, 1933.
2. Does Section 38 of the TRAI Act, 1997 affect the powers of the existing Telegraph Authority?
No, Section 38 of the TRAI Act, 1997 states that nothing in the law will interfere with the jurisdiction, powers, and functions that the Telegraph Authority is required to perform in any area under its own authority.
3. Which specific older laws are preserved alongside the Telecom Regulatory Authority of India Act under Section 38?
Under Section 38 of the Act, both the Indian Telegraph Act, 1885 and the Indian Wireless Telegraphy Act, 1933 are preserved and are meant to work alongside the telecom regulatory framework.
Test yourself
Q1.Under Section 38 of The Telecom Regulatory Authority of India Act, 1997, what is the relationship between this Act and the Indian Telegraph Act, 1885?
Q2.Under Section 38 of The Telecom Regulatory Authority of India Act, 1997, whose jurisdiction, powers, and functions are specifically protected from being affected by the Act?
Q3.Under Section 38 of The Telecom Regulatory Authority of India Act, 1997, which other historical telecom-related act is specifically mentioned as operating alongside this Act?
Q4.Under Section 38 of The Telecom Regulatory Authority of India Act, 1997, if a conflict arises regarding the jurisdiction of the Telegraph Authority in a specific area, what does this section dictate?