Voluntary undertaking for contraventions
Section 34 of the Telecommunications Act, 2023 deals with voluntary undertaking for contraventions. Any authorised entity or assignee committing the contravention as provided under section 32 or under serial No. The Act was enacted on 24 Dec 2023.
(1) Any authorised entity or assignee committing the contravention as provided under section 32 or under serial No. 4 of the Third Schedule may, prior to any notice or initiation of process of determination of such contravention, submit a voluntary undertaking to the Adjudicating Officer, disclosing such contravention and measures taken or to be taken to mitigate such contravention.
(2) The acceptance of voluntary undertaking given under sub-section (1), subject to the provisions of sub-section (6), shall constitute a bar on proceedings under this Chapter.
(3) Where the Adjudicating Officer has reasonable grounds to believe that a contravention as provided under section 32 or under serial No. 4 of the Third Schedule may have occurred, then it shall serve a notice to the authorised entity or assignee concerned under the relevant section.
(4) At any time during the process of hearing under sub-section (3), the authorised entity or assignee, may, submit a voluntary undertaking specifying the mitigation measures it proposes to take in respect of such contravention.
(5) The acceptance of the voluntary undertaking submitted under sub-section (4), subject to the provisions of sub-section (6), shall be construed as a mitigation measure and shall be duly considered for the purpose of determination of civil penalties under clause (a) of sub-section (1) of section 32, or under serial No. 4 of the Third Schedule.
(6) The voluntary undertaking under sub-section (1) or sub-section (4) of this section, may include an undertaking to take a specified action within a specified time; an undertaking to refrain from taking a specified action; and an undertaking to publicise the voluntary undertaking.
(7) The Adjudicating Officer may accept the voluntary undertaking under sub-section (1) or sub-section (4), or with the agreement of the authorised entity or assignee providing the voluntary undertaking, vary the terms included in such voluntary undertaking.
(8) When the authorised entity or assignee providing a voluntary undertaking fails to comply with any terms of such undertaking, the Adjudicating Officer may, after giving such authorised entity or assignee a reasonable opportunity of being heard, proceed with imposition of civil penalties specified under the Second Schedule or the Third Schedule, as applicable.
Section 34, The Telecommunications Act, 2023 (Act 44 of 2023).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 1
Questions about Section 34
What does Section 34 of the Telecommunications Act deal with?
Section 34 of the Telecommunications Act is headed "Voluntary undertaking for contraventions". Any authorised entity or assignee committing the contravention as provided under section 32 or under serial No.
How do I find court cases under Section 34 of the Telecommunications Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Telecommunications Act 2023 34, section 34 Telecommunications Act 2023, section 34 of the Telecommunications Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 34 of the Telecommunications Act, and has it changed?
Its own text turns on section 32 (Breach of terms and conditions of authorisation or assignment), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When was Section 34 of the Telecommunications Act enacted?
Section 34 of the Telecommunications Act, cited as Telecommunications Act 2023 34, was enacted on 24 Dec 2023 as Act 44 of 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 56. Power of Central Government to make rules1016 words
- 59. Amendment to Act 24 of 1997827 words
- 2. Definitions497 words
- 42. General provisions relating to offences476 words
- 3. Authorisation452 words
- 20. Provisions for public emergency or public safety390 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.