Imposition of penalty and revocation of permission agreement in case of violations of GOPA signed with Ministry of Information and Broadcasting
(i) In case there is any violation of conditions cited in 5(i) to 5(viii), Government may suo motto or on basis of complaints take cognisance and place the matter before the Inter-ministerial Committees on Programme and Advertising Codes for recommending appropriate penalties. On the recommendation of the Committee a decision to impose penalties shall be taken. However, before the imposition of a penalty the Permission Holder shall be given an opportunity to represent its case.
(ii) The penalty shall comprise of:
(a) Temporary suspension of Permission for operating the CRS for a period up to one month in the case of the first violation.
(b) Temporary suspension of Permission for operating the CRS for a period up to three months in the case of the second violation depending on the gravity of violation.
(c) Revocation of the Permission for any subsequent violation. Besides, the Permission Holder and its principal members shall be liable for all actions under IPC, CrPC and other laws.
(iii) In case of revocation of Permission, the Permission Holder will not be eligible to apply directly or indirectly for a fresh permission in future for a period of five years.
Provided the penalty imposed as per above provision shall be without prejudice to any penal action under applicable laws including the Indian Telegraph Act 1885 and Indian Wireless Telegraphy Act 1933, as modified from time to time.
(iv) In the event of suspension of permission as mentioned in para 6 (ii) (a) &
(b), the permission holder will continue to discharge its obligations under the Grant of Permission Agreement during the suspension period also.
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