Short Title and Commencement, – (1) These rules may be called the Cost Accounting Records (Telecommunication Industry) Rules, 2011

Short Title and Commencement, – (1) These rules may be called the Cost Accounting Records
(Telecommunication Industry) Rules, 2011

(2) They shall come into force on the date of their publication in the Official Gazette.
Definitions and Interpretations, – In these rules, unless otherwise requires,---
(a) “Act” means the Companies Act, 1956 (1 of 1956);
(b) “compliance report” means the compliance report duly authenticated and signed by a cost
accountant in the specified form of compliance report;
(c) “Cost Accountant” for the purpose of these rules means a cost accountant as defined in
clause (b) of sub-section (1) of section 2 of the Cost and Works Accountants Act, 1959 (23 of
1959) and who is either a permanent employee of the company or holds a valid certificate
of practice under sub-section (1) of section 6 and who is deemed to be in practice under
sub-section (2) of section 2 of that Act and includes a firm of cost accountants;
(d) “Cost Accounting Standards” means the standards of cost accounting, issued by the Institute
(e) “cost records” means books of account relating to utilization of materials, labour and other
items of cost as applicable to the production, processing, manufacturing or mining activities
of the company;
(f) “Form-A” means the form specified in these rules for filing compliance report and other
documents with the Central Government in the electronic mode;
(g) “Form-B” means the form of the compliance report and includes Annexure to the compliance
report;
(h) “Generally Accepted Cost Accounting Principles” means the principles of cost accounting
issued by the Institute;
(i) “Institute” means the Institute of Cost and Works Accountants of India constituted under the
Cost and Works Accountants Act, 1959 (23 of 1959);
(j) “product” means any tangible or intangible good, material, substance, article, idea, know-how,
method, information, object, service, etc. that is the result of human, mechanical, industrial,
chemical, or natural act, process, procedure, function, operation, technique, or treatment
and is intended for use, consumption, sale, transport, store, delivery or disposal;
(k) “product group” in relation to tangible products means a group of homogenous and alike
products, produced from same raw materials and by using similar or same production process,
having similar physical or chemical characteristics and common unit of measurement, and
having same or similar usage or application; and in relation to intangible products means a
group of homogenous and alike products or services, produced by using similar or same process
or inputs, having similar characteristics and common unit of measurement, and having same
or similar usage or application;
(l) “telecommunication activities” means any act, process, procedure, function, operation,
technique, treatment or method employed in relation to telecasting, broadcasting,
telecommunicating voice, text, picture, information, data or knowledge through any mode
or medium and includes intermediate and allied activities thereof and these activities would,
inter alia, include the following services or activities, including such services that require license
or registration with the Ministry of Communications and Information Technology, Government
of India, namely: -
(i) Basic Telephone Services;
(ii) National Long Distance Services;
(iii) International Long Distance Services;
(iv) Cellular Mobile Telephone Services;
(v) Wireless Local Loop (WLL) (Fixed or Mobile) Telephone Services;
(vi) Very Small Aperture Terminal Services;
(vii) Public Mobile Radio Trunk Services;
(viii) Global Mobile Personal Communication Services;
(ix) Internet or Broadband or Wireless Access service;
(x) Infrastructure Provider (IP-1);
(xi) Passive Telecom Infrastructure including Telecom Tower Facilities;
(xii) Cable Landing Stations; and
(xiii) Any other related, allied, intermediate or support services in relation to telecommunication
activities not indicated above.
(m) “turnover” means total turnover made by the company from the sale or supply of all products
or services during the financial year and it includes any turnover from job work or loan license
operations and the subsidies or grants or incentives received but does not include any nonoperational
income;
(n) all other words and expressions used in these rules but not defined, and defined in the Act and
rules made under clause (d) of sub-section (1) of section 209 of the Act shall have the same
meanings as assigned to them in the Act or rules, as the case may be.
3. Application, – These rules shall apply to every company, including a foreign company as defined
under section 591 of the Act, which is engaged in the production, processing, manufacturing, or
rendering of telecommunication activities and wherein, the aggregate value of net worth as on
the last date of the immediately preceding financial year exceeds five crores of rupees; or wherein
the aggregate value of the turnover made by the company from sale or supply of all products
or activities during the immediately preceding financial year exceeds twenty crores of rupees; or
wherein the company’s equity or debt securities are listed or are in the process of listing on any
stock exchange, whether in India or outside India:
Provided that these rules shall not apply to a body corporate governed by any special Act.
4. Maintenance of records, – 1) Every company to which these rules apply, including all units and
branches thereof shall, in respect of each of its financial year commencing on or after the date of
this notification, keep cost records and the books of account so maintained shall contain, inter-alia,
the particulars specified in Proformae A to H mentioned in the Schedule annexed to these rules.
2) The cost records referred to in sub-rule (1) shall be kept on regular basis in such manner so
as to make it possible to calculate per unit cost of production or cost of operations, cost of
sales and margin for each of its products and activities for every financial year on monthly or
quarterly or half-yearly or annual basis.
3) The cost records shall be maintained in accordance with the generally accepted cost
accounting principles and cost accounting standards issued by the Institute; to the extent these
are found to be relevant and applicable and the variations, if any, shall be clearly indicated
and explained.
4) The cost records shall be maintained in such manner so as to enable the company to exercise,
as far as possible, control over the various operations and costs with a view to achieve optimum
economies in utilization of resources and these records shall also provide necessary data which
is required to be furnished under these rules.
5) All such cost records and cost statements, maintained under these rules shall be reconciled
with the audited financial statements for the financial year specifically indicating expenses
or incomes not considered in the cost records or statements so as to ensure accuracy and
to reconcile the profit of all product groups with the overall profit of the company and the
variations, if any, shall be clearly indicated and explained.
6) All such cost records, cost statements and reconciliation statements, maintained under these
rules, relating to a period of not less than eight financial years immediately preceding a financial
year or where the company had been in existence for a period less than eight years, in respect
of all the preceding years shall be kept in good order.
7) Every person, referred to in sub-section (6) and (7) of section 209 of the Companies Act, 1956
(1 of 1956), shall take all reasonable steps to secure compliance by the company with the
provisions of these rules in the same manner as he is liable to maintain accounts required under
sub-section (1) of section 209 of the said Act.
5. Form of the Compliance Report, – Every company to which these rules apply shall submit a
compliance report, in respect of each of its financial year commencing on or after the date of
this notification, duly certified by a Cost Accountant, along with the Annexure to the Central
Government, in the specified form.
6. Time limit for submission of Compliance Report, – Every company shall submit the compliance
report referred to in rule 5 to the Central Government within a period of one hundred and eighty
days from the close of the company’s financial year to which the compliance report relates.
7. Authentication of Annexure to the Compliance Report, – The Annexure to the compliance report
shall be approved by the Board of Directors and certified by the Cost Accountant before submitting
the same to the Central Government by the company.
8. Penalties, – (1) If default is made by the Cost Accountant in complying with the provisions of these
rules, he shall be punishable with fine, which may extend to five thousand rupees.
(2) For contravention of these rules, -
(a) the company shall be punishable as provided under sub-section (2) of section 642 of the
Act; and
(b) every officer thereof who is in default, including the persons referred to in sub-section (6)
of section 209 of the Act, shall be punishable as provided under sub-sections (5) and (7)
of section 209 of Companies Act, 1956 (1 of 1956).
9. Savings, – The supersession of the Cost Accounting Records (Telecommunications) Rules, 2002, shall
not in any way affect-
(a) any right, obligation or liabilities acquired, accrued or incurred thereunder;
(b) any penalty, forfeiture or punishment incurred in respect of any contravention committed
thereunder; and
(c) Any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation,
liability, penalty, forfeiture or punishment as aforesaid, and; any such investigation, legal
proceeding or remedy may be instituted, continued or enforced and any such penalty,
forfeiture or punishment may be imposed as if those rules had not been superseded.