INDIAN TELEGRAPH ACT 1885
EmailTHE INDIAN TELEGRAPH ACT, 1885
ACT No. 13 OF 1885
22ndJuly, 1885
An Act to amend the law relating to Telegraphs in India
WHEREAS it is expedient toamend the law relating to telegraphs in India;
It is hereby enacted asfollows: –
PART I
PRELIMINARY
1.Short title, local extent andcommencement: (1) ThisAct may be called the Indian Telegraph Act, 1885.
1 [(2) It extends to whole of India 2 [*].]
(3) It shall come into force onthe first day of October, 1885.
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1. Substituted for the formersub-section (2) by the Indian Telegraph (Amendment) Act, 1948 (45 of 1948),Sec.2 (3-9-1948).
2. The words "except theState of Hyderabad" which were inserted by A.L.O., 1950 were omitted bythe Part B States (Laws) Act, 1951 (3 of 1951), Sec.3 and Sch.(1-4-1951).
2.Repeal and savings: 1 [*]
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1. Repealed by the RepealingAct, 1938 (1 of 938) Sec.2 and Sch.
3.Definitions: In this Act, unless there issomething repugnant in the subject or context, –
1 [(1) "telegraph" means any appliance, instrument,material or apparatus used or capable ofuse for transmission or reception of signs, signals; writing, images andsounds or intelligence of any nature by wire, visual or other electro-magneticemissions, Radio waves or Hertzian waves, galvanic, electric or magnetic means;
Explanation.- "Radiowaves" or "Hertzian waves" mean electro-magnetic waves offrequencies lower than 3,000 giga cycles per second propagated in space withoutartificial guide:]
(2) " telegraph officer" means any person employed either permanently or temporarily inconnection with a telegraph established, maintained or worked by 2 [the Central Government] or by a person licensed under this Act;
(3) " message " meansany communication sent by telegraph, or given to a telegraph officer to be sentby telegraph or to be delivered:
(4) "telegraph line"means a wire or wires used for the purpose of a telegraph, with any casing,coating, tube or pipe enclosing the same, and any appliances and apparatusconnected therewith for the purpose of fixing or insulating the same:
(5) "post" means apost, pole, standard, stay, strut or other above-ground contrivance forcarrying, suspending or supporting a telegraph line:
(6) " telegraph authority" means the Director General of 3 [Posts and Telegraphs], and includes any officer empoweredby him to perform all or any of the functions of the telegraph authority under this Act:
(7) " local authority" means any municipal committee, district board, body of portcommissioners or other authority legally entitled to, or entrusted by 4 [the Central or any State Government] with, the control ofmanagement of any municipal or localfund.
5 [*]
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1. Substituted for clause (1)by the Telegraph Laws (Amendment) Act, 1961 (15 of 1961), Sec.2 (2-5-1961).
2. Substituted for the words"the Government" by A.O., 1937 (1-4-1937).
3. Substituted for the word"Telegraphs" by the Indian Post Office and Telegraph (Amendment) Act,1914 (14 of 1914), Sec. 2.
4. Substituted for the words"the Government" by A.O., 1937(1-4-1937).
5. Clause (8) which wasinserted by A.L.O., 1950 was omitted by the Part B States (Laws) Act, 1951 (3 of 1951), Sec.3 and Sch.(1-4-1951).
PART II
PRIVILEGES AND POWERS OF THE GOVERNMENT
4.Exclusive privilege inrespect of telegraphs, and power to grant licenses: 1 [(1)] Within 2 [India], theCentral Government shall have the exclusive privilege of establishing,maintaining and working telegraphs:
Provided that the CentralGovernment may grant a license, on such conditions and in consideration of suchpayments as it thinks fit, to any person to establish, maintain or work atelegraph within any part of 2 [India]:
3 [Provided further that the Central Government may, by rules madeunder this Act and published in the Official Gazette, permit, subject to suchrestrictions and conditions as it thinks fit the establishment, maintenance andworking –
(a) of wireless telegraphs onships within Indian territorial waters 4 [and on aircraft within or above 2 [India],or Indian territorial waters], and
(b) of telegraphs other thanwireless telegraphs within any part of 2 [India].]
3 [(2) The Central Government may, by notification in the OfficialGazette, delegate to the telegraph authority all or any of 5[its] powers under the first proviso to sub-section (1).
The exercise by the telegraphauthority of any power so delegated shall be subject to such restrictions andconditions as the Central Government, may, by the notification think fit toimpose.]
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1. Section 4 was re-numbered assub-section (1) thereof by the Indian Telegraph (Amendment) Act, 1914 (7 of 1914), Sec. 4.
2. Substituted for the words"the Provinces" by the Indian Telegraph (Amendment) Act, 1914 (7 of 1914), Sec. 3.
3. Inserted by Act 7 of 1914,Sec. 4.
4. Inserted by the IndianTelegraph (Amendment) Act, 1930 (27 of1930), Sec. 2.
5. Substituted for the word"his", by A.O., 1937(1-4-1937).
1 [5.Power for Government to take possession of licensedtelegraphs and to order interception of messages: (1) On the occurrence ofany public emergency or in the interest of the public safety, the CentralGovernment or a State Government, or any officer specially authorized in thisbehalf by the Central or a State Government may, if satisfied that it isnecessary or expedient so to do, take temporary possession (for so long as thepublic emergency exists or the interest of the public safety requires thetaking of such action) of any telegraph established, maintained or worked byany person licensed under this Act.
(2) On the occurrence of anypublic emergency, or in the interest of public safety, the Central Governmentor a State Government or any officer specially authorised in this behalf by theCentral Government or a State Government may, if satisfied that it is necessaryor expedient so to do in the interests of the sovereignty, and integrity ofIndia, the security of the State, friendly relations with Foreign States orpublic order or for preventing incitement to the commission of an offence, forreasons to be recorded in writing, by order, direct that any message or classof messages to or from any person or class of persons, or relating to any particularsubject, brought for transmission by or transmitted or received by anytelegraph, shall not be transmitted, orshall be intercepted or detained, or shall be disclosed to the Governmentmaking the order or an officer thereofmentioned in the order.
Provided that press messagesintended to be published in Indiaof correspondents accredited to the Central Government or a State Governmentshall not be intercepted or detained, unless their transmission has beenprohibited under this sub-section.]
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1. Substituted by the IndianTelegraph (Amendment) Act, 1972 (38 of1972) (for former Sec.5) by Sec.2(21-8-1972).
6.Power to establish telegraphon land of Railway Company: Any Railway Company, on being required so to do by the CentralGovernment, shall permit the Government to establish and maintain a telegraphupon any part of the land of the Company and shall give every reasonablefacility for working the same.
1 [6A.Power to notify rates for transmission of messages tocountries outside India: (1) The Central Government may, from time to time,by order, notify the rates at which and the other conditions and restrictionssubject to which, messages shall be transmitted to any country outside India.
(2) In notifying the ratesunder sub-section (1), the Central Government shall have due regard to all orany of the following factors, namely: –
(a) the rates for the timebeing in force, for transmission of messages, in countries outside India;
(b) the foreign exchange ratesfor the time being in force;
(c) the rates for the timebeing in force for transmission of messages with in India;
(d) such other relevant factorsas the Central Government may think fit in the circumstances of the case.]
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1. Inserted by the IndianTelegraph (Amendment) Act, 1971 (33 of1971), Sec.2 (10-8-1971).
7.Power to make rules for theconduct of telegraphs: (1) The Central Government may, from time to time, by notificationin the Official Gazette, make rules consistent with this Act for the conduct ofall or any telegraphs established, maintained or worked by the Government or bypersons licensed under this Act.
(2) Rules under this sectionmay provide for all or any of the following, among other matters, that is tosay: –
(a) the rates at which, and theother conditions and restrictions subject to which, messages shall betransmitted; 1 [within India];
(b) the precautions to be takenfor preventing the improper interception or disclosure of messages;
(c) the period for which, andthe conditions subject to which, telegrams and other documents belonging to, orbeing in the custody of, telegraph offices shall be preserved; and
(d) the fees to be charged forsearching for telegrams or other documents in the custody of any telegraphofficer;
2 [(e) the conditions andrestrictions subject to which any telegraph line, appliance or apparatus fortelegraphic communication shall be established, maintained, worked, repaired,transferred, shifted, withdrawn or disconnected;
3 [(ee) the charges in respectof any application for providing any telegraph line, appliance or apparatus;]
(f) the charges in respect of-
(i) the establishment,maintenance, working, repair, transfer or shifting of any telegraph line,appliance or apparatus;
(ii) the services of operatorsoperating such line, appliance or apparatus;
(g) the matters in connectionwith the transition from a system whereunder rights and obligations relating tothe establishment maintenance, working, repair, transfer or shifting of anytelegraph line, appliance or apparatus for telegraphic communication attach byvirtue of any agreement to a system whereunder such rights and obligationsattach by virtue of rules made under this section;
(h) the time at which, themanner in which, the conditions under which and the persons by whom the rates,charges and fees mentioned in this sub-section shall be paid and the furnishingof security for the payment of suchrates, charges and fees;
(i) the payment of compensationto the Central Government, for any lossincurred in connection with the provision of any telegraph line,appliance or apparatus for the benefitof any person –
(a) where the line, applianceor apparatus is, after it has been connected for use, given up by that personbefore the expiration of the period fixed by these rules, or
(b) where the work donefor the purpose of providing the line,appliance or apparatus is, before it isconnected for use, rendered abortive bysome act or omission on the part of that person;
(j) the principles according towhich and the authority by whom the compensation, referred to in clause (i)shall be assessed;
4 [(jj) the qualifications to bepossessed and the examinations, if any, to be passed by the persons employedfor the establishment, maintenance orworking of any telegraph and the fees to be charged for admission to suchexaminations;]
(k) any other matter for whichprovision is necessary for the proper and efficient conduct of all or anytelegraphs under this Act.]
(3) When making rules for theconduct of any telegraph established maintained or worked by any personlicensed under this Act, the Central Government may by the rules prescribefines for any breach of the same:
Provided that the fines soprescribed shall not exceed the following limits, namely: –
(i) when the person licensedunder this Act is punishable for the breach, one thousand rupees, and in thecase of a continuing breach a further fine of two hundred rupees for every dayafter the first during the whole or any part of which the breach continues;
(ii) when a servant of theperson so licensed, or any other person, is punishable for the breach,one-fourth of the amounts specified in clause (i).
5 [(4) Nothing in this section or in any rules made hereunder shallbe construed as –
(a) precluding the CentralGovernment from entering into an agreement with a person for the establishment, maintenance and working bythat Government on terms and conditions specified in the agreement, of anytelegraph line, appliance or apparatus for the purpose of affording means oftelegraphic communication, where having regard to the number of the lines,appliance or apparatus required by that person for telegraphic communication,it is necessary or expedient to enter into such agreement with him, or
(b) subjecting the CentralGovernment to any obligation to provide any telegraph line, appliance orapparatus for the purpose of affording means of telegraphic communications.]
6 [(5) Every rule made under this section shall be laid as soon asmay be after it is made before each House of Parliament while it is in sessionfor a total period of thirty days 7 [which may be comprised in one session or in two or moresuccessive sessions, and if, before the expiry of the session immediatelyfollowing the session or the successive sessions aforesaid, both Houses agreein making any modification in the rule or both Houses agree that the ruleshould not be made, the rule shall thereafter have effect only in such modifiedform or be of no effect, as the case may be; so however, that any such modificationor annulment shall be without prejudice to the validity of anything previouslydone under that rule].]
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1. Inserted by the IndianTelegraph (Amendment) Act, 1971 (33 of1971), Sec.3 (10-8-1971).
2. Inserted by the IndianTelegraph (Amendment) Act, 1957 (47 of1957), Sec.2 w.e.f.1-7-1959.
3. Inserted by the IndianTelegraph (Amendment) Act, 1974 (48 of1974), Sec.2 (1-6-1975).
4. Clause (jj) was inserted bythe Telegraph Laws (Amendment) Act, 1961(15 of 1961), Sec.3 (2-5-1961).
5. Sub-sections (4) and (5)were inserted by the Indian Telegraph (Amendment) Act, 1957 (47 of 1957),Sec.2 (w.e.f.1-7-1959).
6. Substituted for the formersub-section (5) by the Telegraph Laws (Amendment) Act, 1961 (15 of 1961),Sec.3 (2-5-1961).
7. Substituted for the words"which may be comprised in one session or in two successive sessions, andif, before the expiry of the session in which it is so laid or the session immediately following" by theIndian Telegraph (Amendment) Act, 1974(48 of 1974), Sec.2 (1-6-1975).
1 [7A.Saving of existing agreements: Nothing in section 7shall authorise the making of any rules determining any agreement entered intoby the Central Government with any person before the commencement of the IndianTelegraph (Amendment) Act, 1957, relating to the establishment, maintenance orworking of any telegraph line, appliance or apparatus for telegraphiccommunication; and all rights and obligations thereunder relating to suchestablishment, maintenance or working shall be determined in accordance withthe terms and conditions of such agreement.]
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1. Sections 7A inserted by theIndian Telegraph (Amendment) Act, 1957 (47 of 1957), Sec.3 (w.e.f.1-7-1959).
1 [7B.Arbitration of disputes: (1) Except as otherwiseexpressly provided in this Act, if any dispute concerning any telegraph line,appliance or apparatus arises between the telegraph authority and the personfor whose benefit the line, appliance or apparatus is, or has been, provided,the dispute shall be determined by arbitration and shall, for the purposes ofsuch determination, be referred to an arbitrator appointed by the CentralGovernment either specially for the determination of that dispute or generallyfor the determination of disputes under this section.
(2) The award of the arbitratorappointed under sub-section (1) shall be conclusive between the parties to thedispute and shall not be questioned in any court.]
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1. Section 7B inserted by theIndian Telegraph (Amendment) Act, 1957(47 of 1957), Sec.3 (w.e.f.1-7-1959).
8.Revocation of licenses: The Central Government may, atany time, revoke any license granted under section 4, on the breach of any ofthe conditions therein contained, or in default of payment of any considerationpayable thereunder.
9.Government not responsiblefor loss or damage: The Government shall not be responsible for any loss or damagewhich may occur in consequence of any telegraph officer failing in his dutywith respect to the receipt, transmission or delivery of any message; and nosuch officer shall be responsible for any such loss or damage, unless he causesthe same negligently, maliciously or fraudulently.
PART III
POWER TO PLACE TELEGRAPH LINES AND POSTS
10.Power for, telegraph authorityto place and maintain telegraph lines and posts: The telegraph authority may, from time to time,place and maintain a telegraph line under, over, along or across, and posts inor upon, any immovable property:
Provided that –
(a) the telegraph authorityshall not exercise the powers conferred by this section except for the purposesof a telegraph established or maintained by the1 [Central Government], or to be so established ormaintained;
(b) the 1 [Central Government] shall not acquire any right other than thatof user only in the property under, over, along, across, in or upon which thetelegraph authority places any telegraph line or post; and
(c) except as hereinafterprovided, the telegraph authority shall not exercise those powers in respect ofany property vested in or under the control or management of any localauthority, without the permission of that authority; and
(d) in the exercise of thepowers conferred by this section, the telegraph authority shall do as littledamage as possible, and when it has exercised those powers in respect of anyproperty other than that referred to in clause (c), shall pay full compensationto all persons interested for any damage sustained by them by reason of theexercise of those powers.
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1. Substituted for the word"Government" by A.O., 1937(1-4-1937).
11.Power to enter on propertyin order to repair or remove telegraph lines or posts: The telegraph authority may, atany time, for the purpose of examining, repairing, altering or removing anytelegraph line or post, enter on the property under, over, along, across, in orupon which the line or post has been placed.
PROVISIONS APPLICABLE TO PROPERTY VESTED IN OR UNDER THE CONTROLOR MANAGEMENT OF LOCAL AUTHORITIES
12.Power for local authority togive permission under section 10, clause (c), subject to conditions: Any permission given by a localauthority under section 10, clause (c) may be given subject to such reasonableconditions as that authority thinks fit to impose, as to the payment of anyexpenses to which the authority will necessarily be put in consequence of theexercise of the powers conferred by that section, or as to the time or mode ofexecution of any work, or as to any other thing connected with or relative toany work undertaken by the telegraph authority under those powers.
13.Power for local authority torequire removal or alteration of telegraph line or post: When, under the foregoingprovisions of this Act, a telegraph line or post has been placed by thetelegraph authority under, over, along, across, in or upon any property vestedin or under the control, or management of a local authority and the localauthority having regard to circumstances which have arisen since the telegraphline or post was so placed, considers it expedient that it should be removed orthat its position should be altered, the local authority may require thetelegraph authority to remove it or alter its position, as the case may be.
14.Power to alter position ofgas or water pipes or drains: The telegraph authority may, for the purpose of exercising thepowers conferred upon it by this Act in respect of any property vested in orunder the control or management of a local authority alter the positionthereunder of any pipe (not being a main) for the supply of gas or water, or ofany drain (not being a main drain):
Provided that –
(a) when the telegraphauthority desires to alter the position of any such pipe or drain it shall givereasonable notice of its intention to do so, specifying the time at which itwill begin to do so, to the local authority, and, when the pipe or drain is notunder the control of the local authority, to the person under whose control thepipe or drain is;
(b) a local authority or personreceiving notice under clause (a) may send a person to superintend the work,and the telegraph authority shall execute the work to the reasonablesatisfaction of the person so sent.
15.Disputes between telegraphauthority and local authority: (1) If any dispute arises between the telegraph authority and alocal authority in consequence of the local authority refusing the permissionreferred to in section 10, clause (c), or prescribing any condition undersection 12, or in consequence of the telegraph authority omitting to comply witha requisition made under section 13, or otherwise in respect of the exercise ofthe powers conferred by this Act, it shall be determined by such officer as theCentral Government, may appoint either generally or specially in this behalf.
(2) An appeal from thedetermination of the officer so appointed shall lie to the Central Government;and the order of the Central Government shall be final.
PROVISIONS APPLICABLE TO OTHER PROPERTY
16.Exercise of powers conferredby section 10, and disputes as to compensation, in case of property other thanthat of a local authority: (1) If the exercise of the powers mentioned in section 10 inrespect of property referred to in clause (d) of that section is resisted orobstructed, the District Magistrate may, in his discretion, order that thetelegraph authority shall be permitted to exercise them.
(2) If, after the making of anorder under sub-section (1), any person resists the exercise of those powers,or, having control over the property, does not give all facilities for theirbeing exercised, he shall be deemed to have committed an offence under section188 of the Indian Penal Code.
(3) If any dispute arisesconcerning the sufficiency of the compensation to be paid under section 10,clause (d), it shall, on application for that purpose by either of thedisputing parties to the District Judge within whose jurisdiction the propertyis situate, be determined by him.
(4) If any dispute arises as tothe persons entitled to receive compensation, or as to the proportions in whichthe persons interested are entitled to share in it, the telegraph authority maypay into the Court of the District Judge such amount as he deems sufficient or,where all the disputing parties have in writing admitted the amount tendered tobe sufficient or the amount has been determined under subsection (3), thatamount; and the District Judge, after giving notice to the parties and hearingsuch of them as desire to be heard shall determine the persons entitled toreceive the compensation or, as the case may be, the proportions in which thepersons interested are entitled to share in it.
(5) Every determination of adispute by a District Judge under sub-section (3) or sub-section (4) shall befinal:
Provided that nothing in thissub-section shall affect the right of any person to recover by suit the wholeor any part of any compensation paid by the telegraph authority, from theperson who has received the same.
17.Removal or alteration oftelegraph line or post on property other than that of a local authority: (1) When, under the foregoingprovisions of this Act, a telegraph line or post has been placed by thetelegraph authority under; over, along, across, in or upon any property, notbeing property vested in or under the control or management of a localauthority, and any person entitled to do so desires to deal with that propertyin such a manner as to render it necessary or convenient that the telegraphline or post should be removed to another part thereof or to a higher or lowerlevel or altered in form, he may require the telegraph authority to remove or alter the line or postaccordingly:
Provided that, if compensationhas been paid under section 10, clause (d), he shall, when making therequisition tender to the telegraph authority the amount requisite to defraythe expense of the removal or alteration, or half of the amount paid ascompensation, whichever may be the smaller sum.
(2) If the telegraph authorityomits to comply with the requisition, the person making it may apply to theDistrict Magistrate within whose jurisdiction the property is situate to orderthe removal or alteration.
(3) A District Magistratereceiving an application under sub-section (2) may, in his discretion, rejectthe same or make an order, absolutely or subject to conditions, for the removalof the telegraph line or post to any other part of the property or to a higheror lower level or for the alteration of its form; and the order so made shallbe final.
PROVISIONS APPLICABLE TO ALL PROPERTY
18.Removal of trees interruptingtelegraphic communication: (1) If any tree standing or lying near a telegraph lineinterrupts, or is likely to interrupt, telegraphic communication, a Magistrateof the first or second class may, on the application of the telegraphauthority, cause the tree to be removed or dealt with in such other way as hedeems fit.
(2) When disposing of anapplication under sub-section (1), the Magistrate shall, in the case of anytree in existence before the telegraph line was placed, award to the personsinterested in the tree such compensation as he thinks reasonable, and the awardshall be final.
19.Telegraph lines and postsplaced before the passing of this Act: Every telegraph line or post placed before thepassing of this Act under, over, along, across, in or upon any property for thepurposes of a telegraph established or maintained by the 1 [Central Government], shall be deemed to have been placed inexercise of the powers conferred by, and after observance of all therequirements of; this Act.
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1. Substituted for the word"Government" by A.O., 1937(1-4-1937).
1 [19A.Person exercising legal right likely to damage telegraphor interfere with telegraphic communication to give notice: (1) Any persondesiring to deal in the legal exercise of a right with any property in such amanner as is likely to cause damage to a telegraph line or post which has beenduly placed m accordance with the provisions of this Act, or to interrupt orinterfere with telegraphic communication, shall give not less than one month’snotice in writing of the intended exercise of such right to the telegraphauthority, or to any telegraph officer whom the telegraph authority may empowerin this behalf.
(2) If any such person withouthaving complied with the provisions of sub-section (1) deals with any propertyin such a manner as is likely to cause damage to any telegraph line or post, orto interrupt or interfere with telegraphic communication, a Magistrate of thefirst or second class may, on the application of the telegraph authority, ordersuch person to abstain from dealing with such property in such manner for aperiod not exceeding one month from the date of his order and forthwith to takesuch action with regard to such property as may be in the opinion of theMagistrate necessary to remedy or prevent such damage, interruption orinterference during such period.
(3) A person dealing with anyproperty in the manner referred to in sub-section (1) with the bona fideintention of averting imminent danger of personal injury to himself or anyother human being shall be deemed to have complied with the provisions of thesaid subsection if he gives such notice of the intended exercise of the rightas is in the circumstances possible, or where no such previous notice can begiven without incurring the imminent danger referred to above, if he forthwithgives notice of the actual exercise of such right to the authority or officerspecified in the said sub-section.]
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1. Sections 19A inserted by theIndian Telegraph (Amendment) Act, 1914 (7 of 1914), Sec.
5. [19B.Power to confer uponlicensee powers of telegraph authority under this part: The 2 [Central Government] may, by notification in the 3 [Official Gazette], confer upon any licensee under section 4, inrespect of the extent of his license and subject to any conditions andrestrictions which the 2 [CentralGovernment] may think fit to impose and to the provisions of this Part, all orany of the powers which the telegraph authority possesses under this Part withregard to a telegraph established or maintained by the Government or to be soestablished or maintained:
Provided that the noticeprescribed in Sec.l9A shall always be given to the telegraph authority orofficer empowered to receive notice under Sec.l9A (1).]
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1. Section 19B inserted by theIndian Telegraph (Amendment) Act, 1914(7 of 1914), Sec. 5.
2. Substituted for the words"Governor-General in Council" by A.O., 1937.
3. Substituted for the words"Gazette of India" by A.O., 1937.
PART IV
PENALTIES
1 [20.Establishing, maintaining or working unauthorizedtelegraph: (1) If any person establishes, maintains or works a telegraphwithin 2 [India] in contravention of the provisions ofsection 4 or otherwise than as permitted by rules made under that section, heshall be punished, if the telegraph is a wireless telegraph, with imprisonmentwhich may extend to three years, or with fine, or with both, and, in any othercase, with a fine which may extend to one thousand rupees.
(2) Notwithstanding anythingcontained in the Code of Criminal Procedure, 1898, offences under this sectionin respect of a wireless telegraph shall, for the purposes of the said Code, bebailable and non-cognizable.
(3) When any person is convictedof an offence punishable under this section, the Court before which he isconvicted may direct that the telegraph in respect of which the offence hasbeen committed, or any part of such telegraph, be forfeited to Government.]
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1. Substituted for the originalsection by the Indian Telegraph (Amendment) Act, 1914 (7 of 1914), Sec. 6.
2. Substituted for the words"the Provinces" by the Indian Telegraph (Amendment) Act, 1948 (45 of1948), Sec.3.
1 [20A.Breach of condition of license: If the holder of alicense granted under section 4 contravenes any condition contained in hislicense, he shall be punished with fine which may extend to one thousandrupees, and with a further fine which may extend to five hundred rupees for everyweek during which the breach of the condition continues.]
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1. Inserted by the IndianTelegraph (Amendment) Act, 1914 (7 of1914), Sec.7.
21.Using unauthorizedtelegraphs: If anyperson, knowing or having reason to believe that a telegraph has beenestablished or is maintained or worked, in contravention of this Act, transmitsor receives any message by such telegraph or performs any service incidentalthereto, or delivers any message for transmission by such telegraph or accepts deliveryof any message sent thereby, he shall be punished with fine which may extend tofifty rupees.
22.Opposing establishment oftelegraphs on railway land: If a Railway Company, or an officer of a Railway Company, neglectsor refuses to comply with the provisions of section 6, it or he shall bepunished with fine which may extend to one thousand rupees for every day duringwhich the neglect or refusal continues.
23.Intrusion into signal-room,trespass in telegraph office or obstruction: If any person –
(a) without permission ofcompetent authority, enters the signal room of a telegraph office of theGovernment, or of a person licensedunder this Act, or
(b) enters a fenced enclosureround such a telegraph office incontravention of any rule or notice not to do so, or
(c) refuses to quit such roomor enclosure on being requested to do so by any officer or servant employedtherein, or
(d) wilfully obstructs orimpedes any such officer or servant in the performance of his duty,
he shall be punished with finewhich may extend to five hundred rupees.
24.Unlawfully attempting tolearn contents of messages: If any person does any of the acts mentioned in section 23 withthe intention of unlawfully learning the contents of any message, or ofcommitting any offence punishable under this Act, he may (in addiction to thefine with which he is punishable under section 23) be punished withimprisonment for a term which may extend to one year.
25.Intentionally damaging ortampering with telegraphs: If any person, intending –
(a) to prevent or obstruct thetransmission or delivery of any message,or
(b) to intercept or to acquainthimself with the contents of any message, or
(c) to commit mischief,
damages, removes, tampers withor touches any battery, machinery, telegraph line, post or other thingwhatever, being part of or used in or about any telegraph or in the workingthereof, he shall be punished withimprisonment for a term which may extend to three years, or with fine, or withboth.
1 [25A.Injury to or interference with a telegraph line or post: If,in any case not provided for by section 25, any person deals with any propertyand thereby wilfully or negligently damages any telegraph line or post dulyplaced on such property in accordance with the provisions of this Act, he shallbe liable to pay the telegraph authority such expenses (if any) as may beincurred in making good such damage, and shall also, if the telegraphiccommunication is by reason of the damage so caused interrupted, be punishable witha fine which may extend to one thousand rupees:
Provided that the provisions ofthis section shall not apply where such damage or interruption is caused by aperson dealing with any property in the legal exercise of a right if he hascomplied with the provisions of section l9A (1).]
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1. Inserted by the IndianTelegraph (Amendment) Act, 1914 (7 of1914), Sec.8.
26.Telegraph officer or otherofficial making away with or altering, or unlawfully intercepting or disclosingmessages, or divulging purport of signals: If any telegraph officer, or any person, not being atelegraph officer but having official duties connected with any office which isused as a telegraph office, –
(a) wilfully secretes, makesaway with or alters any message which he has received for transmission ordelivery, or
(b) wilfully, and otherwisethan in obedience to an order of the Central Government or of a StateGovernment or of an officer specially authorized 1 [by the Central or a State Government] to make the order, omitsto transmit, or intercepts or detains, any message or any part thereof, orotherwise than in pursuance of his official duty or in obedience to thedirection of a competent Court, discloses the contents or any part of thecontents of any message, to any person not entitled to receive the same, or
(c) divulges the purport of anytelegraphic signal to any person not entitled to become acquainted with thesame,
he shall be punished withimprisonment for a term which may extend to three years, or with fine, or withboth.
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1. Substituted for the words"by the Governor-General in Council" by A.O., 1937 (1-4-1937).
27.Telegraph officerfraudulently sending messages without payment: If any telegraph officer transmits by telegraph anymessage on which the charge prescribed by the 1 [Central Government], or by a person licensed under this Act, asthe case may be, has not been paid, intending thereby to defraud the 1 [Central Government] or that person, he shall be punished withimprisonment for a term which may extend to three years, or with fine, or withboth.
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1. Substituted for the words"Government" by A.O., 1937(1-4-1937).
28.Misconduct: If any telegraph officer, orany person not being a telegraph officer but having official duties connectedwith any office which is used as a telegraph office, is guilty of any act ofdrunkenness, carelessness or other misconduct whereby the correct transmissionor the delivery of any message is impeded or delayed, or if any telegraphofficer loiters or delays in the transmission or delivery of any message, heshall be punished with imprisonment for a term which may extend to threemonths, or with fine which may extend to one hundred rupees, or with both.
29.Sending fabricated message: 1 [*]
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1. Omitted by the IndianTelegraph (Amendment) Act, 1971 (33 of1971), Sec.4 (10-8-71).
1 [29A.Penalty: If any person, without due authority, –
(a) makes or issues anydocument of a nature reasonably calculated to cause it to be believed that thedocument has been issued by, or under the authority of, the Director Generalof 2 [Posts and Telegraphs], or
(b) makes on any document anymark in imitation of, or similar to, or purporting to be, any stamp or mark ofany telegraph office under the Director-General of 2 [Posts and Telegraphs], or a mark of a nature reasonablycalculated to cause it to be believed that the document so marked has beenissued by, or under the authority of, the Director-General of 2 [Posts and Telegraphs],
he shall be punished with finewhich may extend to fifty rupees.]
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1. Inserted by the IndianTelegraph (Amendment) Act, 1914 (7 of1914), Sec. 9.
2. Substituted for the word"Telegraphs" by the Indian Post Office and Telegraph (Amendment) Act,1914 (14 of 1914), Sec.2.
30.Retaining a messagedelivered by mistake: If any person fraudulently retains, or wilfully secretes, makesaway with or detains a message which ought to have been delivered to some otherperson, or being required by a telegraph officer to deliver up any suchmessage, neglects or refuses to do so, he shall be punished with imprisonmentfor a term which may extend to two years or with fine or with both.
31.Bribery: A telegraph officer shall bedeemed a public servant within the meaning of sections 161, 162, 163, 164 and165 of the Indian Penal Code; and in the definition of "legal remuneration" contained inthe said section 161, the word " Government " shall, for the purposesof this Act, be deemed to include a person licensed under this Act.
32.Attempts to commit offences:Whoever attempts to commit anyoffence punishable under this Act shall be punished with the punishment hereinprovided for the offence.
PART V
SUPPLEMENTAL PROVISIONS
33.Power to employ additionalpolice in places where mischief to telegraphs is repeatedly committed: (1) Whenever it appears to theState Government that any act causing or likely to cause wrongful damage to anytelegraph is repeatedly and maliciously committed in any place, and that theemployment of an additional police-force in that place is thereby renderednecessary, the State Government may send such additional police-force as itthinks fit to the place, and employ the same therein so long as, in the opinionof that Government, the necessity of doing so continues.
(2) The inhabitants of theplace shall be charged with the cost of the additional police-force, and theDistrict Magistrate shall, subject to the orders of the State Government, assessthe proportion in which the cost shall be paid by the inhabitants according tohis judgment of their respective means.
(3) All moneys payable undersub-section (2) shall be recoverable either under the warrant of a Magistrateby distress and sale of the moveable property of the defaulter within the locallimits of his Jurisdiction, or by suit in any competent Court.
(4) The State Government may,by order in writing, define the limits of any place for the purposes of thissection.
1 [34.Application of Act to Presidency-towns: (1) This Act,in its application to the Presidency-towns, shall be read as if for the words" District Magistrate " in section 16, subsection (1), and section17, sub-sections (2) and (3), for the words " Magistrate of the first orsecond class " in section 18, sub-section (1), 2 [and section 19A, sub-section (2)] and for the word "Magistrate " in section 18, sub-section (2), there had been enacted thewords " Commissioner of Police ", and for the words "DistrictJudge" in section 16, sub-sections (3), (4) and (5), the words "Chief Judge of the Court of Small Causes ".
3 [*]
(3) The fee in respect of anapplication to the Chief Judge of a Presidency Court of Small Causes undersub-section (3) of section 16 shall be the same as would be payable under theCourt-fees Act, 1870, in respect of such an application to a District Judgebeyond the limits of a Presidency town, and fees for summons and otherprocesses in proceedings before the Chief Judge under sub-section (3) or sub-section(4) of that section shall be payable according to the scale set forth in theFourth Schedule to the Presidency Small Cause Courts Act, 1882.]
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1. Inserted by the IndianTelegraphs (Presidency-Towns) Act, 1888(11 of 1888), Sec. 1.[b] Inserted by the Indian Telegraph (Amendment)Act, 1914 (7 of 1914), Sec. 10.
3. Sub-section (2) was omittedby A.O., 1937 (1-4-1937).
35.Reference to certain laws ofPart B States: 1 [*]
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1. Repealed by the Part BStates (Laws) Act, 1951 (3 of 1951),Sec.3 and Sch. Section 35 was first inserted by the Indian Telegraph(Amendment) Act, 1948 (45 of 1948) andwas subsequently substituted by A.L.O., 1950(26-1-1950).
