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THE CABLE TELEVISION NETWORKS (REGULATION) Act 1995

Title : THE CABLE TELEVISION NETWORKS (REGULATION) Act 1995

Year : 1995



Where1*[any authorised officer] thinks it necessary or expedient so to do in the public interest, he may, by order, prohibit any cable operator from transmitting or re-transmitting2*[any programme or channel if, it is not in conformity with the prescribed programme code referred to in section 5 and advertisement code referred to in section 6 or if it is] likely to promote, on grounds of religion, race, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, linguistic or regional groups or castes or communities or which is likely to disturb the public tranquility.

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1. Substituted by Act 36 of 2000, section 8, for certain words (w.e.f. 1-9-2000).

2. Substituted by Act 36 of 2000, section 8, for " any particular programme if it is" (w.e.f. 1-9-2000).

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1*[( 1)] Where the Central Government thinks it necessary or expedient so to do in public interest, it may prohibit the operation of any cable television network in such areas as it may, by notification in the Official Gazette, specify in this behalf.

2*[( 2) Where the Central Government thinks it necessary or expedient so to do in the interest of the-

(i) Sovereignty or integrity of India; or

(ii) Security of India; or

(iii) Friendly relations of India with any foreign State; or

(iv) Public order, decency or morality,it may, by order, regulate or prohibit the transmission or re-transmission of any channel or programme.

(3) Where the Central Government considers that any programme of any channel is not in conformity with the prescribed programme code referred to in section 5 or the prescribed advertisement code referred to in section 6, it may by order, regulate or prohibit the transmission or re-transmission of such programme.]

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1. Section 3 re-numbered as sub-section (1) thereof by Act 36 of 2000, section 9 (w.e.f. 1-9-2000).

2. Inserted by Act 36 of 2000, section 9 (w.e.f. 1-9-2000).

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The provisions of this Act shall be in addition to, and not in derogation of, the Drugs and Cosmetics Act, 1940 (23 of 1940), the Pharmacy Act, 1948 (8 of 1948), the Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of 1950), the Drugs (Control) Act, 1950 (26 of 1950), the Cinematograph Act, 1952 (37 of 1952), the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (21 of 1954), the Prevention of Food Adulteration Act, 1954 (37 of 1954), the Prize Competitions Act, 1955 (42 of 1955), the Copyright Act, 1957 (14 of 1957), the Trade and Merchandise Marks Act, 1958 (43 of 1958), the Indecent Representation of Women (Prohibition) Act, 1986 (60 of 1986) 1*[the Consumer Protection Act, 1986 (68 of 1986) and the Telecom Regulatory Authority of India Act, 1997] (68 of 1986).
 
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1. Substituted by the Cable Television Networks (Regulation) Amendment Act, 2011 (Act No. 21 of 2011) w.e.f. 25.10.2011 for the following :- "and the Consumer Protection Act, 1986"

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(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

2*[(a) The eligibility criteria for different categories of cable operators under sub-section (2) of section 4;]

3*[(aa) The form of application, documents to be accompanied and the fees payable under sub-section (4) of section 4;]

4*[(aaa) The terms and conditions of registration under sub-section (6) of section 4;]

5*[(aaaa) the appropriate measures under sub-section (2) of section 4A for implementation of the notification under sub-section (1) of that section;]

(b) The programme code under section 5;

(c) The advertisement code under section 6;

(d) The form of register to be maintained by a cable operator under section 7;

5*[(da) The specifications of interference standards for interfering with any telecommunication system under section 10;]

(e) Any other matter which is required to be, or may be, prescribed.

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case maybe; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
 
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1. Inserted by Cable Television Networks (Regulation) Amendment Act, 2002 (2 of 2003).

2. Substituted by the Cable Television Networks (Regulation) Amendment Act, 2011 (Act No. 21 of 2011) w.e.f. 25.10.2011 Prior to Substitution it read as under:- "(a) the form of application and the fee payable under sub-section ( 2) of section 4;"

3. Substituted by the Cable Television Networks (Regulation) Amendment Act, 2011 (Act No. 21 of 2011) w.e.f. 25.10.2011 Prior to Substitution it read as under:-

1[(aa) the manner of publicising the subscription rates and the periodical intervals at which such subscriptions are payable under sub-section ( 7) of section 4A;

4. Substituted by the Cable Television Networks (Regulation) Amendment Act, 2011 (Act No. 21 of 2011) w.e.f. 25.10.2011 Prior to Substitution it read as under:-

(aaa) the form and manner of submitting report under sub-section ( 9) of section 4A and the interval at which such report shall be submitted periodically under that sub-section;]

5. Inserted by the Cable Television Networks (Regulation) Amendment Act, 2011 (Act No. 21 of 2011) w.e.f. 25.10.2011.

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(1) The Cable Television Networks (Regulation) Ordinance, 1995 (3 of 1995) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under the corresponding provision of this Act.

Last updated on July, 2016

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