Section 15: Enforcement of regulations as to sales, etc., by manufacturers and others
(1)
If the Commission is of opinion that any apparatus does not comply with the requirements applicable to it under regulations made for the purpose specified in paragraph (b) of subsection (1) of section 13 of this Act, he may serve on any person who has manufactured, assembled or imported the apparatus in the course of business a notice in writing prohibiting him from selling the apparatus, otherwise than for export, or offering or advertising it for sale, otherwise than for export, or letting it on hire or offering or advertising it for letting on hire.
[1998 No.31.]
(2) Where a notice has been served under subsection (1) of this section, the person on whom the notice has been served may appeal against the same to the High Court having jurisdiction in that part of the Federation where the apparatus is situated at the time when the notice was given.
(3) On any such appeal, the High Court may, if it thinks it expedient so to do, call in the aid of one or more assessors specially qualified, and may hear and determine the appeal wholly or in part with their assistance.
(4) On any such appeal, the High Court shall hear the Commission and the person at whose instance the appeal was made and any other person appearing to it to be interested who desires to be heard and has, in accordance with the rules regulating the procedure of the appeal, procured himself to be made a party to the appeal, and, if it is satisfied that the apparatus in question complies with the requirements applicable to it under the regulations, shall direct the Commission to revoke the notice and shall revoke it accordingly:
Provided that the making by the High Court of a direction under this subsection shall not, where the apparatus is subsequently altered, prevent the Commission from serving a fresh notice under subsection (1) of this section with respect to the apparatus and the refusal by the High Court to make a direction under this subsection shall not, where the apparatus is subsequently altered, prevent the Commission from revoking the notice or the person on whom the notice was served from instituting a further appeal under subsection (2) of this section.
(5) Where a notice has been served under subsection (1) of this section, the person on whom the notice has been served shall, if he contravenes the provisions of the notice without the notice having been previously revoked by the Commission, be guilty of an offence.
Cite this section
Section 15, WIRELESS TELEGRAPHY ACT (1966).
https://repo.podus.ai/laws/wireless-telegraphy-act/section/15/