Section 5 of The Telecom Regulatory Authority of India Act, 1997 View Chapter 2

Term of office, conditions of service, etc., of Chairperson and other members.

(1) Before appointing any person as the Chairperson or member, the Central Government shall satisfy itself that the person does not have any such financial or other interest as is likely to affect prejudicially his functions as such member.

1[(2) The Chairperson and other members shall hold office for a term not exceeding three years, as the Central Government may notify in this behalf, from the date on which they enter upon their offices or until they attain the age of sixty-five years, whichever is earlier.

(3) On the commencement of the Telecom Regulatory Authority of India (Amendment) Act, 2000 (2 of 2000), a person appointed as Chairperson of the Authority and every other person appointed as member and holding office as such immediately before such commencement shall vacate their respective offices and such Chairperson and such other members shall be entitled to claim compensation not exceeding three months pay and allowances for the premature termination of the term of their offices or of any contract of service.]

(4) The employee of the Government on his 2[selection as the Chairperson or whole-time member] shall have to retire from service before 3[joining as the Chairperson or a whole-time member, as the case may be.]

(5) The salary and allowances payable to and the other terms and conditions of service of the Chairperson and 4[whole-time members] shall be such as may be prescribed.

(6) The salary, allowances and other conditions of service of the Chairperson or of a member shall not be varied to his disadvantage after appointment.

5[(6A) The part-time members shall receive such allowances as may be prescribed.]

(7) Notwithstanding anything contained in sub-section (2) 6***, a member may--

(a) relinquish his office by giving in writing to the Central Government notice of not less than three months; or

(b) be removed from his office in accordance with the provisions of section 7.

7[(8) The Chairperson and the whole-time members shall not, for a period of two years from the date on which they cease to hold office as such, except with the previous approval of the Central Government, accept--

(a) any employment either under the Central Government or under any State Government; or

(b) any appointment in any company in the business of telecommunication services.]

(9) A vacancy caused to the office of the Chairperson or any other member shall be filled up within a period of three months from the date on which such vacancy occurs.

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Footnote :

  1. Subs. by s. 6, ibid., for sub-sections (2) and (3) (w.e.f. 24-1-2000).
  2. Subs. by s. 6, ibid., for "selection as member" (w.e.f. 24-1-2000).
  3. Subs. by s. 6, ibid., for "joining as member" (w.e.f. 24-1-2000).
  4. Subs. by Act 2 of 2000, s. 6, for "other members" (w.e.f. 24-1-2000).
  5. Ins. by s. 6, ibid. (w.e.f. 24-1-2000).
  6. The words, brackets and figure "or sub-section (3)" omitted by s. 6, ibid. (w.e.f. 24-1-2000).
  7. Subs. by Act 20 of 2014, s. 2, for sub-section (8) (w.e.f. 28-5-2014).
  8. The Explanation omitted by s. 2, ibid. (w.e.f. 28-5-2014).