MISCELLANEOUSCentral

Section 40 of The Telecom Regulatory Authority of India Act, 1997

(1)The Telecom Regulatory Authority of India Ordinance 1997 (Ord. 11 of 1997) is hereby repealed.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 provisions of this Act.

Summary

This provision officially repeals (cancels) the Telecom Regulatory Authority of India Ordinance, 1997, which was a temporary law known as Ordinance number 11 of 1997.
It includes a saving clause (a rule that protects existing rights) to make sure that previous decisions and actions are not lost.
It states that anything done or any action taken under the canceled temporary law is deemed (legally treated as if it were done) under the corresponding parts of this permanent Act.
This ensures there is complete continuity and no legal gaps when transitioning from the temporary ordinance to the permanent Act.

Practical examples

1Imagine a telecom company named TalkTime Private Limited, run by a person named Aarav, which was granted a temporary operating license by the regulatory authority on February 10, 1997, under the temporary Ordinance (a temporary law). When the permanent Act was passed, Aarav did not have to re-apply for his license because Section 40 of the new law automatically deems (treats) his license as if it was issued under the permanent Act itself.

2A consumer named Priya filed a complaint regarding billing issues against a service provider on March 1, 1997, under the provisions of the temporary Ordinance. After the temporary law was repealed (canceled) and replaced by the permanent Act, Priya's ongoing case did not get dismissed. Under Section 40, her complaint and the steps taken so far are treated as if they were made under the new Act, allowing her case to proceed without starting over.

FAQ

1. What prior legal document was officially cancelled by Section 40 of the Telecom Regulatory Authority of India Act, 1997?

Under Section 40 of the Telecom Regulatory Authority of India Act, 1997, the Telecom Regulatory Authority of India Ordinance, 1997, which was a temporary executive order numbered 11 of 1997, was officially repealed or cancelled.

2. What happens to decisions and actions taken under the old ordinance according to Section 40 of the TRAI Act, 1997?

Under Section 40 of the TRAI Act, 1997, even though the old ordinance of 1997 was cancelled, any action taken or anything done under that old ordinance is saved and will be treated as if it were done under the matching provisions of the new law.

3. Does the cancellation of the 1997 Ordinance under Section 40 of the 1997 Indian Telecom Act erase its historical legal effects?

No, under Section 40 of the 1997 Indian Telecom Act, all historical actions and legal steps taken under the repealed Telecom Regulatory Authority of India Ordinance, 1997 remain valid and are legally deemed to have been carried out under this Act.

Test yourself

Q1.Under Section 40 of The Telecom Regulatory Authority of India Act, 1997, what is the legal status of an order issued by the authority while the Telecom Regulatory Authority of India Ordinance, 1997 (a temporary law) was in force?

Q2.Which specific legal instrument is officially repealed (canceled) by Section 40 of The Telecom Regulatory Authority of India Act, 1997?

Q3.Suppose a telecom company was fined for a violation under the Telecom Regulatory Authority of India Ordinance, 1997. After the permanent Telecom Regulatory Authority of India Act, 1997 is passed, the company argues that the fine is no longer enforceable because the temporary law has been repealed (canceled). How does Section 40 of the Act resolve this issue?

Q4.Under Section 40 of The Telecom Regulatory Authority of India Act, 1997, what happens to a pending inquiry that was started under the Telecom Regulatory Authority of India Ordinance, 1997, once that temporary law is repealed (canceled)?

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