A special bench of justices Kalyan Shrestha, Girish Chandra Lal and Sushila Karki said that it was not necessary to issue an interim order for the time being as demanded by Ncell stating that the court can issue such an order, if necessary, after receiving a response from the NTA in writing regarding the issue. [break]
Following the SC verdict, Ncell will have to pay an additional 25 percent of RTDF (Rural Telecommunication Development Fund) fee as fine after it failed to deposit 2 percent of its annual income as RTDF fee within the set deadline.
As per the bylaw of the Telecommunication Act, 2053, the NTA can charge 25 percent fine on the telecom operators if they failed to deposit 2 percent of their annual income at the RTDF within three month after the end of a fiscal year.
Similarly, 50 percent fine can be charged if the telecom operator fails to deposit the money within six months after the end of a fiscal year, 100 percent fine if the money is not deposited within nine months and 200 percent fine if the telecom operator fails to deposit 2 percent of its annual income at the RTDF within more than nine months after the end of fiscal year.
NTA can also annul license of a telecom operator if it failed to deposit 2 percent of its annual income at the RTDF after more than nine months after the end of a fiscal year.
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