CHAPTER I

Preliminary
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
Regulation of Cable Television Network
3. Cable television network not to be operated except after registration.
4. Registration as cable operator.
5. Programme code.
6. Advertisement code.
7. Maintenance of register.
8. Compulsory transmission of Doordarshan channels.
9. Use of Standard equipment in cable television network.
10. Cable television network not to interfere with any telecommunication
system.
CHAPTER III
Seizure and Confiscation of Certain Equipment
11. Power to seize equipment used for operating the cable television
network.
12. Confiscation.
13. Seizure or confiscation of equipment not to interfere with other
punishment.
14. Giving of opportunity to the cable operator of seized equipment.
15. Appeal.
CHAPTER IV
Offences and Penalties
16. Punishment for contravention of provisions of this Act.
17. Offences by companies.
18. Cognizance offences.
CHAPTER V
Miscellaneous
19. Power to prohibit transmission of certain programmes in public interest.
20. Power to prohibit operation of cable television network in public
interest.
21. Application of other laws not barred.
22. Power to make rules.
23. Repeal and savings.
_________
Promulgated by the President in the Forty-fifth Year of the Republic of India.
An Act to regulate the operation of cable television networks in the country and for
matters connected therewith or incidental thereto.
Be it enacted by Parliament in the Forty-sixth year of the Republic of India as
follows:
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. (1) This Act may be called the
Cable Television Networks (Regulation) Act, 1995.
(2) It extends to the whole of India.

(3) It shall be deemed to have come into force on the 29th day of September, 1994.
2. Definitions. In this Act, unless the context otherwise requires,
[1]
[(a) "authorized officer" means, within his local limits of jurisdiction,
(i) a District Magistrate, or
(ii) a Sub-divisional Magistrate, or
(iii) a Commissioner of Police,
and includes any other officer notified in the Official Gazette, by the Central
Government or the State Government, to be an authorized officer for such local
limits of jurisdiction as may be determined by that Government;]
[2]
[(aa)] "cable operator" means any person who provides cable service through a
cable television network or otherwise controls or is responsible for the
management and operation of a cable television network;
(b) cable service means the transmission by cables of programmes including
retransmission by cables of any broadcast television signals;
(c) cable television network means any system consisting of a set of closed
transmission paths and associated signal generation, control and distribution
equipment, designed to provide cable service for reception by multiple
subscribers;
(d) company means a company as defined in Section 3 of the Companies Act,
1956 (1 of 1956);
(e) person means
(i) an individual who is a citizen of India;
(ii) an association of individuals or body of individuals, whether incorporated
or not, whose members are citizens of India;
(iii) a company in which not less than fifty-one per cent of the paid-up share
capital is held by the citizens of India;
(f) prescribed means prescribed by rules made under this Act;
(g) programme means any television broadcast and includes
(i) exhibition of films, features, dramas, advertisement and serials through
video cassette recorders or video cassette players;
(ii) any audio or visual or audio-visual live performance or presentation, and
the expression programming service shall be construed accordingly;
(h) registering authority means such authority as the Central Government may,
by notification [3]in the Official Gazette, specify to perform the functions of the
registering authority under this Act;
(i) subscriber means a person who receives the signals of cable television
network at a place indicated by him to the cable operator, without further
transmitting it to any other person.
CHAPTER II
REGULATION OF CABLE TELEVISION NETWORK
3. Cable television network not to be operated except after registration.
No person shall operate a cable television network unless he is registered as a
cable operator under this Act.
Provided that a person operating a cable television network, immediately before the
commencement of this Act, may continue to do so for a period of ninety days from
such commencement; and if he has made an application for registration as a cable
operator under Section 4 within the said period, till he is registered under that
section or the registering authority refuses to grant registration to him under that
section.

Comments
Cable network which falls within the definition of Telegraphand Telegraph line
require licence under Indian Telegraph Act, 1885, and the Indian Wireless Telegraph
Act, 1933 and no body can instal the disc antenna or can operate the cable network
without obtaining a valid licence. Shiv Cable T.V. System v. State of Rajasthan, AIR
1993 Raj. .
Programmes of foreign satellite channels which can be received without the use of
any specialised gadgets or decoder are exempt from the operation of this section.
4. Registration as cable operator. (1) Any person who is operating or is
desirous of operating a cable television network may apply for registration as a cable
operator to the registering authority.
(2) An application under sub-section (1) shall be made in such form and be
accompanied by such fee as may be prescribed.
(3) On receipt of the application, the registering authority shall satisfy itself that the
applicant has furnished all the required information and on being so satisfied,
register the applicant as a cable operator and grant to him a certificate of such
registration:
Provided that the registering authority may, for reasons to be recorded in writing and
communicated to the applicant, refuse to grant registration to him if it is satisfied
that he does not fulfil the conditions specified in clause (e) of Section 2.
5. Programme code. No person shall transmit or re-transmit through a cable
service any programme unless such programme is in conformity with the prescribed
programme code:
Provided that nothing in this section shall apply to the programmes of foreign
satellite channels which can be received without the use of any specialised gadgets
or decoder.
[4]
[x x x x x]
6. Advertisement code. No person shall transmit or re-transmit through a cable
service any advertisement unless such advertisement is in conformity with the
prescribed advertisement code:
Provided that nothing in this section shall apply to the programmes of foreign
satellite channels which can be received without the use of any specialised gadgets
or decoder.
[5]
[x x x x x]
7. Maintenance of register. Every cable operator shall maintain a register in the
prescribed form indicating therein in brief the programmes transmitted or retransmitted through the cable service during a month and such register shall be
maintained by the cable operator for a period of one year after the actual
transmission or re-transmission of the said programmes.
[6]
[8. Compulsory transmission of Doordarshan channels. (1) Every cable
operator using a dish antenna or Television Receiver only shall, from the
commencement of this Act, re-transmit at least two Doordarshan channels of his
choice through the cable service.
(2) The Doordarshan channels referred to in sub-section (1) shall be re-transmitted
without any deletion or alteration of any programme transmitted on such channels.
(3) The Prasar Bharati (Broadcasting Corporation of India) established under subsection (1) of Section 3 of the Prasar Bharati (Broadcasting Corporation of India) Act,
1990 may, by notification in the Official Gazette, specify the number and name of
every Doordarshan channel to be re-transmitted by cable operators in their cable
service and the manner of reception and re-transmission of such channels.]
Comments
Individuals can also have their disc antenna and air waves are public property Shiv
Cable T.V. System v. State of Rajasthan, AIR 1993 Raj. .

9. Use of Standard equipment in cable television network. No cable

operator shall, on and from the date of the expiry of a period of three years from the
date of the establishment and publication of the Indian Standard by the Bureau of
Indian Standards in accordance with the provisions of the Bureau of Indian
Standards Act, 1986 (63 of 1986), use any equipment in his cable television network
unless such equipment conforms to the said Indian Standard.
10. Cable television network not to interfere with any telecommunication
system. Every cable operator shall ensure that the cable television network being
operated by him does not interfere, in any way, with the functioning of the
authorised telecommunication systems.
CHAPTER III
SEIZURE AND CONFISCATION OF CERTAIN EQUIPMENT
11. Power to seize equipment used for operating the cable television
network. [7](1) If any officer, not below the rank of a Group `A' officer of the
Central Government authorised in this behalf by the Government (hereinafter
referred to as the authorised officer), has reason to believe that the provisions of
Section 3 have been or are being contravened by any cable operator, he may seize
the equipment being used by such cable operator for operating the cable television
network.
(2) No such equipment shall be retained by the authorised officer for a period
exceeding ten days from the date of its seizure unless the approval of the District
Judge, within the local limits of whose jurisdiction such seizure has been made, has
been obtained for such retention.
Comments
Under the Indian Telegraph Act, 1885 and Indian Wireless Telegraphy Act, 1933,
Director-General of Posts and Telegraph has powers to grant licence and or take
action. Collector-cum-District Magistrate or Assistant Collector-cum-Sub-Divisional
Magistrate has no power to proceed against the Cable Operators. Shiv Cable T.V.
System v. State of Rajasthan, AIR 1993 Raj. .
12. Confiscation. The equipment seized under sub-section (1) of Section 11 shall
be liable to confiscation unless the cable operator from whom the equipment has
been seized registers himself as a cable operator under Section 4 within a period of
thirty days from the date of seizure of the said equipment.
13. Seizure or confiscation of equipment not to interfere with other
punishment. No seizure or confiscation of equipment referred to in Section 11 or
Section 12 shall prevent the infliction of any punishment to which the person affected
thereby is liable under the provisions of this Act.
14. Giving of opportunity to the cable operator of seized equipment. (1)
No order adjudicating confiscation of the equipment referred to in Section 12 shall be
made unless the cable operator has been given a notice in writing informing him of
the grounds on which it is proposed to confiscate such equipment and giving him a
reasonable opportunity of making a representation in writing, within such reasonable
time as may be specified in the notice against the confiscation and if he so desires of
being heard in the matter:
Provided that where no such notice is given within a period of ten days from the date
of the seizure of the equipment, such equipment shall be returned after the expiry of
that period to the cable operator from whose possession it was seized.
(2) Save as otherwise provided in sub-section (1), the provisions of the Code of Civil
Procedure, 1908 (5 of 1908) shall, so far as may be, apply to every proceeding
referred to in sub-section (1).

15. Appeal. (1) Any person aggrieved by any decision of the court adjudicating a
confiscation of the equipment may prefer an appeal to the court to which an appeal
lies from the decision of such court.
(2) The appellate court may, after giving the appellant an opportunity of being heard,
pass such order as it thinks fit confirming, modifying or revising the decision
appealed against or may send back the case with such directions as it may think fit
for a fresh decision or adjudication, as the case may be, after taking additional
evidence if necessary.
(3) No further appeal shall lie against the order of the court made under sub-section
(2).
CHAPTER IV
OFFENCES AND PENALTIES
16. Punishment for contravention of provisions of this Act. Whoever
contravenes any of the provisions of this Act shall be punishable,
(a) for the first offence, with imprisonment for a term which may extend to two
years or with fine which may extend to one thousand rupees or with both;
(b) for every subsequent offence, with imprisonment for a term which may extend
to five years and with fine which may extend to five thousand rupees.
17. Offences by companies. (1) Where an offence under this Act has been
committed by a company, every person who, at the time the offence was committed,
was in charge of, and was responsible to the company for the conduct of the
business of the company, as well as the company, shall be deemed to be guilty of the
offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person
liable to any punishment, if he proves that the offence was committed without his
knowledge or that he had exercised all due diligence to prevent the commission of
such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under
this Act has been committed by a company and it is proved that the offence has
been committed with the consent or connivance of, or is attributable to any
negligence on the part of, any director, manager, secretary or other officer of the
company, such director, manager, secretary or other officer shall also be deemed to
be guilty of that offence and shall be liable to be proceeded against and punished
accordingly.
Explanation. For the purposes of this section,
(a) company means any body corporate and includes a firm or other association
of individuals; and
(b) director in relation to a firm, means a partner in the firm.
18. Cognizance offences. No court shall take cognizance of any offence
punishable under this Act except upon a complaint in writing made [8][by any
authorised officer].
CHAPTER V
MISCELLANEOUS
19. Power to prohibit transmission of certain programmes in public interest.
Where an officer, not below the rank of a Group `A' officer of the Central
Government authorised by the State Government in this behalf, thinks it necessary
or expedient so to do in the public interest, he may, by order, prohibit any cable
operator from transmitting or retransmitting any particular programme 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.
20. Power to prohibit operation of cable television network in public
interest. [9][(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.
[10]
[(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].
21. Application of other laws not barred. 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) and the Consumer Protection Act, 1986 (68 of 1986).
22. Power to make rules. (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:
(a) the form of application and the fee payable under sub-section (2) of Section 4;
(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;
(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 may be; so,
however, that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
23. Repeal and savings. (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
provisions of this Act.

_________________

[1] Ins. by Act No. 36 of 2000 (w.e.f. 1-9- 2000).

[2] Original clause (a) re-lettered as clause (aa) by Act No. 36 of 2000 (w.e.f. 1-9-2000)
[3] Vide Notification No. S.O. 718 (E) Dated 29-9-1994, the Post Master of a Head Post Office, of
the area within whose jurisdiction the office of Cable operator is situated notified to be registering
authority.
[4] Proviso to Section 5 omitted by Act No. 36 of 2000. (w.e.f. 1-9-2000).
[5] Proviso to Section 6 omitted by Act No. 36 of 2000. (w.e.f. 1-9-2000).
[6] Subs. by Act No. 36 of 2000, (w.e.f.1-9-2000)
[7] Subs. by Act No. 36 of 2000, (w.e.f.1-9-2000)
[8] Subs. for certain words by Act No. 36 of 2000 (w.e.f. 1-9-2000)
[9] Renumbered as sub-section (1) by Act No. 36 of 2000 (w.e.f. 1-9-2000)
[10] Sub-section (2) and (3) inserted by Act No. 36 of 2000 (w.e.f. 1-9-2000)