31
THE INDIAN TELEGRAPH ACT, 1885
PART I
PRELIMINARY
1. Short title, local extent and commencement 35
2. Repeal and savings 35
3. Definitions 35
PART II
PRIVILEGES AND POWERS OF THE GOVERNMENT
4. Exclusive privilege in respect of telegraphs, and
power to grant licenses 36
5. Power for Government to take possession of
licensed telegraphs and to order interception of
messages 37
6. Power to establish telegraph on land of Railway
Company 38
6A. Power to notify rates for transmission of messages
to countries outside India 38
7. Power to make rules for the conduct of telegraphs 38
7A. Saving of existing agreements 41
7B. Arbitration of disputes 41
8. Revocation of licenses 41
9. Government not responsible for loss or damage 41
PART IIA
UNIVERSAL SERVICE OBLIGATION FUND
9A. Establishment of Universal Service Obligation Fund 42
9B. Crediting of sums to Consolidated Fund of India 42
9C. Grants and loans by Central Government 42
9D. Administration and utilisation of Fund 42
PART III
POWER TO PLACE TELEGRAPH LINES AND POSTS
10. Power for telegraph authority to place and
maintain telegraph lines and posts 42
11. Power to enter on property in order to repair or
remove telegraph lines or posts 43
32
PROVISIONS APPLICABLE TO PROPERTY VESTED IN OR UNDER THE CONTROL
OR MANAGEMENT OF LOCAL AUTHORITIES
12. Power for local authority to give permission under
section 10, clause (c), subject to conditions 43
13. Power for local authority to require removal or
alteration of telegraph line or post 43
14. Power to alter position of gas or water pipes or
drains 44
15. Disputes between telegraph authority and local
authority 44
PROVISIONS APPLICABLE TO OTHER PROPERTY
16. Exercise of powers conferred by section 10, and
disputes as to compensation, in case of property
other than that of a local authority 44
17. Removal or alteration of telegraph line or post on
property other than that of a local authority 45
PROVISIONS APPLICABLE TO ALL PROPERTY
18. Removal of trees interrupting telegraphic
communication 46
19. Telegraph lines and posts placed before passing of
this Act 46
19A. Person exercising legal right likely to damage
telegraph or interfere with telegraphic
communication to give notice 46
19B. Power to confer upon licensee powers of telegraph
authority under this Part 47
PART IV
PENALTIES
20. Establishing, maintaining or working
unauthorised telegraph 47
20A. Breach of condition of license 48
21. Using unauthorised telegraphs 48
22. Opposing establishment of telegraphs on railway
land 48
33
23. Intrusion into signal-room, trespass in telegraph
office or obstruction 48
24. Unlawfully attempting to learn the contents of
messages 48
25. Intentionally damaging or tampering with
telegraphs 48
25A. Injury to or interference with a telegraph line or
post 49
26. Telegraph officer or other official making away
with or altering, or unlawfully intercepting or
disclosing messages, or divulging purport of
signals 49
27. Telegraph officer fraudulently sending messages
without payment 49
28. Misconduct 50
29. [Sending fabricated messages] 50
29A. Penalty 50
30. Retaining a message delivered by mistake 50
31. Bribery 50
32. Attempts to commit offences 50
PART V
SUPPLEMENTAL PROVISION
33. Power to employ additional police in places where
mischief to telegraphs is repeatedly committed 51
34. Application of Act to Presidency-towns 51
35. Reference to certain laws of Part B States. 51
___________________
34
35
THE INDIAN TELEGRAPH ACT, 18851
AN
ACT
to amend the law relating to Telegraphs in India
WHEREAS it is expedient to amend the law relating to telegraphs in
India;
It is hereby enacted as follows:
PART I
PRELIMINARY
1. Short title, local extent and commencement.—(1) This Act may
be called the Indian Telegraph Act, 1885.
(2) It extends to the whole of India 2[* * * * * *].
(3) It shall come into force on the first day of October 1885.
2. Repeal and savings.— 3[* * * * *]
3. Definitions.—In this Act, unless there is something repugnant in
the subject or context,—
4[(1) ‘Fund’ means the Universal Service Obligation Fund established
under sub-section (1) of section 9A.
(1A) ‘Universal Service Obligation’ means the obligation to provide
access to basic telegraph services to people in the rural and remote areas
at affordable and reasonable prices’]
5[6[(1AA)] ‘telegraph’ means any appliance, instrument, material or
apparatus used or capable of use for transmission or reception of signs,
signals, writing, images and sounds or intelligence of any nature by wire,
visual or other electro-magnetic emissions, radio waves or Hertzian
waves, galvanic, electric or magnetic means.
Explanation.—’Radio waves’ or ‘Hertzian waves’ means electromagnetic
waves of frequencies lower than 3,000 giga-cycles per second
propagated in space without artificial guide;]
1 Act No. 13 of 1885, dated 22.7.1885. As amended up to date.
2 Words ‘except the State of Hyderabad’ omitted by the Part B States (Laws) Act, 1951, with effect
from 1.4.1951.
3 Repealed by the Repealing Act, 1938 (1 of 1938,) section 2 and Schedule.
4 Inserted by the Indian Telegraph (Amendment) Act, 2003. Act No. 8 of 2004, received the assent
of the President on the 9 January, 2004, with retrospective effect from 1.4.2002.
5 Substituted by the Telegraph Laws (Amendment) Act, 1961, with effect from 2.5.1961.
6 Clause (1) renumbered as clause (1AA) by the Indian Telegraph (Amendment) Act, 2003. Act No.
8 of 2004, received the assent of the President on the 9 January, 2004, with retrospective effect
from 1.4.2002.
36
(2) ‘telegraph officer’ means any person employed either permanently
or temporarily in connection with a telegraph established, maintained or
worked by 7[the Central Government] or by a person licensed under this
Act;
(3) ‘message’ means any communication sent by telegraph, or given to
telegraph officer to be sent by 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 apparatus connected therewith for the purpose of
fixing or insulating the same;
(5) ‘post’ means a post, pole, standard, stay, strut or other above
ground contrivance for carrying, suspending or supporting a telegraph
line;
(6) ‘telegraph authority’ means the Director General of 8[Posts and
Telegraphs], and includes any officer empowered by 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 port commissioners or other authority legally entitled to, or
entrusted by’ the Central or any State Government] with, the control,
management of any municipal or local fund.
PART II
PRIVILEGES AND POWERS OF THE GOVERNMENT
4. Exclusive privilege in respect of telegraphs, and power to grant
licenses.— 9[(1)] Within 10[India], the Central Government shall have
exclusive privilege of establishing, maintaining and working telegraphs:
Provided that the Central Government may grant a license, on such
conditions and in consideration of such payments as it thinks fit, to any
person to establish, maintain or work a telegraph within any part of 11
[India]:
12[Provided further that the Central Government may, by rules made
under this Act and published in the Official Gazette, permit, subject to
such restrictions and conditions as it thinks fit, the establishment,
maintenance and working—
7 Substituted by A.O. 1937, for ‘the Government’.
8 Substituted by Act 14 of 1914, section 2 for ‘Telegraphs’.
9 Renumbered as sub-section (1) of the section 4 by Act No. 7 of 1914.
10 Substituted by Act 45 of 1998, section 3 for ‘the Provinces’.
11 Substituted by Act 45 of 1998, section 3 for ‘the Provinces’.
12 Inserted by Act 7 of 1914, section 4.
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(a) of wireless telegraphs on ships within Indian territorial waters
[and on aircraft within or above 13[India], or Indian territorial
waters], and
(b) of telegraphs other than wireless telegraphs within any part of
14[India].
15[Explanation—The payments made for the grant of a licence under
this sub-section shall include such sum attributable to the Universal
Service Obligation as may be determined by the Central Government
after considering the recommendations made in this behalf by the
Telegraph Regulatory Authority of India established under sub-section (1)
of section 3 of the Telegraph Regulatory Authority of India Act, 1997 (24
of 1997).]
16[(2) The Central Government may, by notification in the Official
Gazette, delegate to the telegraph authority all or any of it its powers
under the first proviso to sub-section (1).
The exercise by the telegraph authority of any power so delegated
shall be subject to such restrictions and conditions as the Central
Government may, by the notification, think fit to impose.]
17[5. Power for Government to take possession of licensed
telegraphs and to order interception of messages.—(1) On the
occurrence of any public emergency, or in the interest of the public
safety, the Central Government or a State Government or any officer
specially authorized in this behalf by the Central Government or a State
Government may, if satisfied that it is necessary or expedient so to do,
take temporary possession (for so long as the public emergency exists or
the interest of the public safety requires the taking of such action) of any
telegraph established, maintained or worked by any person licensed
under this Act.
(2) On the occurrence of any public emergency, or in the interest of
the public safety, the Central Government or a State Government or any
officer specially authorised in this behalf by the Central Government or a
State Government may, if satisfied that it is necessary or expedient so to
do in the interests of the sovereignty and integrity of India, the security of
the State, friendly relations with foreign States or public order or for
preventing incitement to the commission of an offence, for reasons to be
recorded in writing, by order, direct that any message or class of
messages to or from any person or class of persons, or relating to any
particular subject, brought for transmission by or transmitted or received
by any telegraph, shall not be transmitted, or shall be intercepted or
13 Substituted by Act 45 of 1998, section 3 for ‘the Provinces’.
14 Substituted by Act 45 of 1998, section 3 for ‘the Provinces’.
15 Inserted by the Indian Telegraph (Amendment) Act, 2003. Act No. 8 of 2004, received the assent
of the President on the 9 January, 2004, with retrospective effect from 1.4.2002.
16 Inserted by the Act 7 of 1914.
17 Substituted by the Indian Telegraph (Amendment) Act, 1972, with effect from 21.8.1972.
38
detained, or shall be disclosed to the Government making the order or an
officer thereof mentioned in the order:
Provided that press messages intended to be published in India of
correspondents accredited to the Central Government or a State
Government shall not be intercepted or detained, unless their
transmission has been prohibited under this sub-section.
6. Power to establish telegraph on land of Railway Company.—Any
Railway company, on being required so to do by the Central Government,
shall permit the Government to establish and maintain a telegraph upon
any part of the land of the company, and shall give every reasonable
facility for working the same.
18[6A. Power to notify rates for transmission of messages to
countries outside India.—(1) The Central Government may, from time
to time, by order, notify the rates at which, and the other conditions and
restrictions subject to which messages shall be transmitted to any
country outside India.
(2) In notifying the rates under sub-section (1), the Central
Government shall have due regard to all or any of the following factors,
namely:
(a) the rates for the time being in force, for transmission of
messages, in countries outside India;
(b) the foreign exchange rates for the time being in force;
(c) the rates for the time being in force for transmission of messages
within India;
(d) such other relevant factors as the Central Government may
think fit in the circumstances of the case.]
7. Power to make rules for the conduct of telegraphs—(1) The
Central Government may, from time to time, by notification in the Official
Gazette, make rules consistent with this Act for the conduct of all or any
telegraphs established, maintained or worked by the Government or by
persons licensed under this Act.
(2) Rules under this section may provide for all or any of the following
among other matters, that is to say:
(a) the rates at which, and the other conditions and restrictions
subject to which, messages shall be transmitted 19[within India];
(b) the precautions to be taken for preventing the improper
interception or disclosure of messages;
(c) the period for which, and the conditions subject to which,
telegrams and other documents belonging to, or being in the
custody of, telegraph officers shall be preserved;
18 Inserted by the Indian Telegraph (Amendment) Act, 1971, with effect from 10.8.1971.
19 Inserted by the Indian Telegraph (Amendment) Act, 1971, with effect from 10.8.1971.
39
(d) the fees to be charged for searching for telegrams or other
documents in the custody of any telegraph officer;
20[(e) the conditions and restrictions subject to which any telegraph
line, appliance of apparatus for telegraphic communication shall
be established, maintained, worked, repaired, transferred,
shifted, withdrawn or disconnected;]
21[(ee) the charges in respect of any application for providing any
telegraph line, appliance or apparatus;]
22[(eea) the manner in which the Fund may be administered;
(eeb) the criteria based on which sums may be released.]
(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 operators operating such line, appliance or
apparatus;
(g) the matters in connection with the transition from a system
whereunder rights and obligations relating to the establishment,
maintenance, working repair, transfer or shifting of any
telegraph line, appliance or apparatus for telegraphic
communication attach by virtue of any agreement to a system
whereunder such rights and obligations attach by virtue of rules
made under this section;
(h) the time at which, the manner 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 furnishing of
security for the payment of such rates, charges and fees;
(i) the payment of compensation to the Central Government for any
loss incurred in connection with the provision of any telegraph
line, appliance or apparatus for the benefit of any person –
(a) where the line, appliance or apparatus is, after it has been
connected for use, given up by that person before the
expiration of the period fixed by these rules, or
(b) where the work done for the purpose of providing the line,
appliance or apparatus is, before it is connected for use,
rendered abortive by some act or omission on the part of
that person;
(j) the principles according to which and the authority by whom the
compensation referred to in clause (i) shall be assessed;
20 Clauses (e) to (k) inserted by the Indian Telegraph (Amendment) Act, 1957, with effect from
1.7.1959.
21 Inserted by the Indian Telegraph (Amendment) Act, 1974 with effect from 1.6.1975.
22 Inserted by the Indian Telegraph (Amendment) Act, 2003 . Act No. 8 of 2004, received the assent
of the President on the 9 January, 2004, with retrospective effect from 1.4.2002.
40
23[(jj) the qualifications to be possessed and the examinations, if any,
to be passed by the persons employed for the establishment,
maintenance or working of any telegraph and the fees to be
charged for admission to such examinations;] and
(k) any other matter for which provision is necessary for the proper
and efficient conduct of all or any telegraphs under this Act.
(3) When making rules for the conduct of any telegraph established,
maintained or worked by any person licensed under this Act, the Central
Government may by the rules prescribe fines for any breach of the same:
Provided that the fines so prescribed shall not exceed the following
limits, namely:
(i) When the person licensed under this Act is punishable for the
breach, one thousand rupees, and in the case of a continuing
breach, a further fine of two hundred rupees for every day after
the first during the whole or any part of which the breach
continues.
(ii) When a servant of the person so licensed, or any other person, is
punishable for the breach, one-fourth of the amounts specified
in clause (i).
(4) Nothing in this section or in any rules made hereunder shall be
construed as—
(a) precluding the Central Government from entering into an
agreement with a person for the establishment, maintenance
and working by that Government on terms and conditions
specified in the agreement of any telegraph line, appliance or
apparatus for the purpose of affording means of telegraphic
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 Central Government to any obligation to provide
any telegraph line appliance or apparatus for the purpose of
affording means of telegraphic communication.
24[(5) Every rule made under this section shall be laid as soon as may
be after it is made before each House of Parliament while it is in session
for a total period of thirty days 25[which may be comprised in one session
or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions
aforesaid] both Houses agree in making any modification in the rule or
23 Inserted by the Telegraph Laws (Amendment) Act, 1961 with effect from 2.5.1961.
24 Substituted by the Telegraph Laws (Amendment) Act, 1961, with effect from 2.5.1961.
25 Substituted for ‘which may be comprised in one session or in two successive sessions, and if,
before the expiry of the session in which it is so laid or the session immediately following’, by the
Indian Telegraph (Amendment) Act, 1974, with effect from 1.6.1975.
41
both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect as the
case may be; so, however, that any such modification or annulment shall
be without prejudice to the validity of anything previously done under
that rule.]
26[7A. Saving of existing agreements.—Nothing in section 7 shall
authorise the making of any rules determining any agreement entered
into by the Central Government with any person before the
commencement of the Indian Telegraph (Amendment) Act, 1957 (47 of
1957), relating to the establishment, maintenance or working of any
telegraph line, appliance or apparatus for telegraphic communication;
and all rights and obligations thereunder relating to such establishment,
maintenance or working shall be determined in accordance with the
terms and conditions of such agreement.
7B. Arbitration of disputes.—(1) Except as otherwise expressly
provided in this Act, if any dispute concerning any telegraph line,
appliance or apparatus arises between the telegraph authority and the
person for whose benefit the line, appliance or apparatus is, or has been
provided, the dispute shall be determined by arbitration and shall, for
the purposes of such determination, be referred to an arbitrator
appointed by the Central Government either specially for the
determination of that dispute or generally for the determination of
disputes under this section.
(2) The award of the arbitrator appointed under sub-section (1) shall
be conclusive between the parties to the dispute and shall not be
questioned in any court.]
8. Revocation of licenses.—The Central Government may, at any
time, revoke any license granted under section 4, on the breach of any of
the conditions therein contained, or in default of payment of any
consideration payable thereunder.
9. Government not responsible for loss or damage.—The
Government shall not be responsible for any loss or damage which may
occur in consequence of any telegraph officer failing in his duty with
respect to the receipt, transmission or delivery of any message; and no
such officer shall be responsible for any such loss or damage, unless he
causes the same negligently, maliciously or fraudulently.
26 Sections 7A and 7B inserted by the Indian Telegraph (Amendment) Act, 1957, with effect from
1.7.1959.
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27[PART IIA]
UNIVERSAL SERVICE OBLIGATION FUND
9A. Establishment of Universal Service Obligation Fund.— (1) On
and from the commencement of the Indian Telegraph (Amendment) Act,
2003, there shall be deemed to have been established, for the purposes
of this Act, a fund to be called the Universal Service Obligation Fund.
(2) The Fund shall be under the control of the Central Government
and there shall be credited thereto —
(a) any sums of money paid under section 9B;
(b) any grants and loans made by the Central Government under
section 9C.
(3) The balance to the credit of the Fund shall not lapse at the end of
the financial year.
9B. Crediting of sums to Consolidated Fund of India.—The sums of
money received towards the Universal Service Obligation under section 4
shall first be credited to the Consolidated Fund of India, and the Central
Government may, if Parliament by appropriation made by law in this
behalf so provides, credit such proceeds to the Fund from time to time
for being utilised exclusively for meeting the Universal Service Obligation.
9C. Grants and loans by Central Government.— The Central
Government may, after due appropriation made by Parliament by law in
this behalf, credit by way of grants and loans such sums of money as
that Government may consider necessary in the Fund.
9D. Administration and utilisation of Fund.—(1) The Central
Government shall have the power to administer the Fund in such
manner as may be prescribed by rules made under this Act.
(2) The Fund shall be utilised exclusively for meeting the Universal
Service Obligation.
(3) The Central Government shall be responsible for the co-ordination
and ensuring timely utilisation and release of sums in accordance with
the criteria as may be prescribed by rules made under the Act.]
PART III
POWER TO PLACE TELEGRAPH LINES AND POSTS
10. Power for telegraph authority to place and maintain telegraph
lines and posts.—The telegraph authority may, from time to time, place
27 Inserted by the Indian Telegraph (Amendment) Act, 2003. Act No. 8 of 2004, received the assent
of the President on the 9 January, 2004, with retrospective effect from 1.4.2002.
43
and maintain a telegraph line under, over, along, or across, and posts in
or upon any immovable property:
Provided that—
(a) the telegraph authority shall not exercise the powers conferred
by this section except for the purposes of a telegraph established
or maintained by the [Central Government], or to be so
established or maintained;
(b) the [Central Government] shall not acquire any right other than
that of user only in the property under, over, along, across in or
upon which the telegraph authority places any telegraph line or
post; and
(c) except as hereinafter provided, the telegraph authority shall not
exercise those powers in respect of any property vested in or
under the control or management of any local authority, without
the permission of that authority; and
(d) in the exercise of the powers conferred by this section, the
telegraph authority shall do as little damage as possible, and,
when it has exercised those powers in respect of any property
other than that referred to in clause (c), shall pay full
compensation to all persons interested for any damage sustained
by them by reason of the exercise of those powers.
11. Power to enter on property in order to repair or remove
telegraph lines or posts.—The telegraph authority may, at any time, for
the purpose of examining, repairing, altering or removing any telegraph
line or post, enter on the property under, over, along, across, in or upon
which the line or post has been placed.
PROVISIONS APPLICABLE TO PROPERTY VESTED IN OR UNDER THE CONTROL
OR MANAGEMENT OF LOCAL AUTHORITIES
12. Power for local authority to give permission under section 10,
clause (c), subject to conditions.—Any permission given by a local
authority under section 10, clause (c), may be given subject to such
reasonable conditions as that authority thinks fit to impose, as to the
payment of any expenses to which the authority will necessarily be put in
consequence of the exercise of the powers conferred by that section, or as
to the time or mode of execution of any work, or as to any other thing
connected with or relative to any work undertaken by the telegraph
authority under those powers.
13. Power for local authority to require removal or alteration of
telegraph line or post.—When, under the foregoing provisions of this
Act, a telegraph line or post has been placed by the telegraph authority
under, over, along, across, in or upon any property vested in or under
the control or management of a local authority, and the local authority,
44
having regard to circumstances which have arisen since the telegraph
line or post was so placed, considers it expedient that it should be
removed or that its position should be altered, the local authority may
require the telegraph authority to remove it or alter its position, as the
case may be.
14. Power to alter position of gas or water pipes or drains.—The
telegraph authority may, for the purpose of exercising the powers
conferred upon it by this Act in respect of any property vested in or
under the control or management of a local authority, alter the position
thereunder of any pipe (not being a main) for the supply of gas or water,
or of any drain (not being a main drain):
Provided that—
(a) when the telegraph authority desires to alter the position of any
such pipe or drain it shall give reasonable notice of its intention
to do so, specifying the time at which it will begin to do so, to the
local authority, and, when the pipe or drain is not under the
control of the local authority, to the person under whose control
the pipe or drain is;
(b) a local authority or person receiving notice under clause (a) may
send a person to superintend the work, and the telegraph
authority shall execute the work to the reasonable satisfaction of
the person so sent.
15. Disputes between telegraph authority and local authority.—(1)
If any dispute arises between the telegraph authority and a local
authority in consequence of the local authority refusing the permission
referred to in section 10, clause (c), or prescribing any condition under
section 12, or in consequence of the telegraph authority omitting to
comply with a requisition made under section 13, or otherwise in respect
of the exercise of the powers conferred by this Act, it shall be determined
by such officer as the [Central Government] may appoint either generally
or specially in this behalf.
(2) An appeal from the determination 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 conferred by section 10, and disputes as to
compensation, in case of property other than that of a local
authority.—(1) If the exercise of the powers mentioned in section 10 in
respect of property referred to in clause (d) of that section is resisted or
45
obstructed, the District Magistrate may, in his discretion, order that the
telegraph authority shall be permitted to exercise them.
(2) If, after the making of an order under sub section (1), any person
resists the exercise of those powers, or, having control over the property,
does not give all facilities for this being exercised, he shall be deemed to
have committed an offence under section 188 of the Indian Penal Code
(45 of 1860).
(3) If any dispute arises concerning the sufficiency of the
compensation to be paid under section 10, clause (d), it shall, on
application for that purpose by either of the disputing parties to the
District Judge within whose jurisdiction the property is situate, be
determined by him.
(4) If any dispute arises as to the persons entitled to receive
compensation, or as to the proportions in which the persons interested
are entitled to share in it, the telegraph authority may pay 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 to be
sufficient or the amount has been determined under sub-section (3), that
amount; and the District Judge, after giving notice to the parties and
hearing such of them as desire to be heard, shall determine the persons
entitled to receive the compensation or, as the case may be, the
proportions in which the persons interested are entitled to share in it.
(5) Every determination of a dispute by a District Judge under subsection
(3) or sub-section (4) shall be final:
Provided that nothing in this sub-section shall affect the right of any
person to recover by suit the whole or any part of any compensation paid
by the telegraph authority, from the person who has received the same.
17. Removal or alteration of telegraph line or post on property
other than that of a local authority.—(1) When, under the foregoing
provisions of this Act, a telegraph line or post has been placed by the
telegraph authority under, over, along, across, in or upon any property,
not being property vested in or under the control or management of a
local authority, and any person entitled to do so desires to deal with that
property in such a manner as to render it necessary or convenient that
the telegraph line or post should be removed to another part thereof or to
a higher or lower level or altered in form, he may require the telegraph
authority to remove or alter the line or post accordingly:
Provided that, if compensation has been paid under section 10, clause
(d), he shall, when making the requisition, tender to the telegraph
authority the amount requisite to defray the expense of the removal or
alteration, or half of the amount paid as compensation, whichever may
be the smaller sum.
(2) If the telegraph authority omits to comply with the requisition, the
person making it may apply to the District Magistrate within whose
jurisdiction the property is situated to order the removal or alteration.
46
(3) A District Magistrate receiving an application under sub-section (2)
may, in his discretion reject the same or make an order, absolutely or
subject to conditions, for the removal of the telegraph line or post to any
other part of the property or to higher or lower level or for the alteration
of its form; and the order so made shall be final.,
PROVISIONS APPLICABLE TO ALL PROPERTY
18. Removal of trees interrupting telegraphic communication.—
(1) If any tree standing or lying near a telegraph line interrupts, or is
likely to interrupt, telegraphic communication, a Magistrate of the first or
second class may, on the application of the telegraph authority, cause
the tree to be removed or dealt with in such other way as he deems fit.
(2) When disposing of an application under sub-section (1), the
Magistrate shall, in the case of any tree in existence before the telegraph
line was placed, award to the persons interested in the tree such
compensation as he thinks reasonable, and the shall be final.
19. Telegraph lines and posts placed before passing of this Act.—
Every telegraph line or post placed before the passing of this Act under,
over, along, across, in or upon any property, for the purposes of a
telegraph established or maintained by the [Central Government], shall
be deemed to have been placed in exercise of the powers conferred by,
and after observance of all the requirement of, this Act.
28[19A. Person exercising legal right likely to damage telegraph or
interfere with telegraphic communication to give notice.—(1) Any
person desiring to deal in the legal exercise of a right with any property
in such a manner as is likely to cause damage to a telegraph line or post
which has been duly placed in accordance with the provisions of this Act,
or to interrupt or interfere with telegraphic communication, shall give not
less than one month’s notice in writing of the intended exercise of such
right to the telegraph authority, or to any telegraph officer whom the
telegraph authority may empower in this behalf.
(2) If any such person without having complied with he provisions of
sub-section (1) deals with any property in such a manner as is likely to
cause damage to any telegraph line or post, or to interrupt or interfere
with telegraphic communication, a Magistrate of the first or second class
may, on the application of the telegraph authority, order such person to
abstain from dealing with such property in such manner for a period not
exceeding one month from the date of his order and forthwith to take
such action with regard to such property as may be in the opinion of the
Magistrate necessary to remedy or prevent such damage, interruption or
interference during such period.
28 Sections 19A and 19B inserted by Act 7 of 1914.
47
(3) A person dealing with any property in the manner referred to in
sub-section (1) with the bona fide intention of averting imminent danger
of personal injury to himself or any other human being shall be deemed
to have complied with the provisions of the said sub-section, if he gives
such notice of the intended exercise of the right as is in the
circumstances possible, or where no such previous notice can be given
without incurring the imminent danger referred to above, if he forthwith
gives notice of the actual exercise of such right to the authority of officer
specified in the said sub-section.
19B. Power to confer upon licensee powers of telegraph authority
under this Part.—The Central Government may, by notification in the
Official Gazette, confer upon any licensee under section 4, in respect of
the extent of his license and subject to any conditions and restrictions
which the Central Government may think fit to impose and to the
provisions of this Part, all or any of the powers which the telegraph
authority possesses under this Part with regard to a telegraph
established or maintained by the Government or to be so established or
maintained:
Provided that the notice prescribed in section 19A shall always be
given to the telegraph authority or officer empowered to receive notice
under section 19A(1).]
PART IV
PENALTIES
20. Establishing, maintaining or working unauthorised
telegraph.—(1) If any person establishes, maintains or works a telegraph
within 29[India] in contravention of the provisions of section 4 or
otherwise than as permitted by rules made under that section, he shall
be punished, if the telegraph is a wireless telegraph, with imprisonment
which may extend to three years, or with fine, or with both, and in any
other case, with a fine which may extend to one thousand rupees.
(2) Notwithstanding anything contained in the Code of Criminal
Procedure, 1898 (5 of 1898), offences under this section in respect of a
wireless telegraph shall, for the purposes of the said Code, be bailable
and non-cognizable.
(3) When any person is convicted of an offence punishable under this
section, the Court before which he is convicted may direct that the
telegraph in respect of which the offence has been committed, or any
part of such telegraph, be forfeited to Government.
29 Substituted by Act 45 of 1998, section 3 for ‘the Provinces’.
48
30[20A. Breach of condition of license.—If the holder of a license
granted under section 4 contravenes any condition contained in his
license, he shall be punished with fine which may extend to one
thousand rupees, and with a further fine which may extend to five
hundred rupees for every week during which the breach of the condition
continues.]
21. Using unauthorised telegraphs.—If any person, knowing or
having reason to believe that a telegraph has been established or is
maintained or worked in contravention of this Act, transmits or receives
any message by such telegraph, or performs any service incidental
thereto, or delivers any message for transmission by such telegraph or
accepts delivery of any message sent thereby, he shall be punished with
fine which may extend to fifty rupees.
22. Opposing establishment of telegraphs on railway land.—If a
Railway Company, or an officer of a Railway Company, neglects or
refuses to comply with the provisions of section 6, it or he shall be
punished with fine which may extend to one thousand rupees for every
day during which the neglect or refusal continues.
23. Intrusion into signal-room, trespass in telegraph office or
obstruction.—If any person—
(a) without permission of competent authority, enters the signalroom
of a telegraph office of the Government, or of a person
licensed under this Act, or
(b) enters a fenced enclosure round such a telegraph office in
contravention of any rule or notice not to do so, or
(c) refuses to quit such room or enclosure on being requested to do
so by any officer or servant employed therein, or
(d) wilfully obstructs or impedes any such officer or servant in the
performance of his duty,
he shall be punished with fine which may extend to five hundred rupees.
24. Unlawfully attempting to learn the contents of messages.—If
any person does any of the acts mentioned in section 23 with the
intention of unlawfully learning the contents of any message, or of
committing any offence punishable under this Act, he may (in addition to
the fine with which he is punishable under section 23) be punished with
imprisonment for a term which may extend to one year.
25. Intentionally damaging or tampering with telegraphs.—If any
person, intending—
(a) to prevent or obstruct the transmission or delivery of any
message, or
(b) to intercept or to acquaint himself with the contents of any
message, or
30 Inserted by Act 7 of 1914.
49
(c) to commit mischief,
damages, removes, tampers with or touches any battery, machinery,
telegraph line, post or other thing whatever, being part of or used in or
about any telegraph or in the working thereof,
he shall be punished with imprisonment for a term which may extend to
three years, or with fine or with both.
31[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
property and thereby wilfully or negligently damages any telegraph line
or post duly placed on such property in accordance with the provisions of
this Act, he shall be liable to pay the telegraph authority such expenses
(if any) as may be incurred in making good such damage, and shall also,
if the telegraphic communication is by reason of the damage so caused
interrupted, be punishable with a fine which may extend to one
thousand rupees:
Provided that the provisions of this section shall not apply where such
damage or interruption is caused by a person dealing with any property
in the legal exercise of a right if he has complied with the provisions of
section 19A(1).]
26. Telegraph officer or other official making away with or
altering, or unlawfully intercepting or disclosing messages, or
divulging purport of signals.—If any telegraph officer, or any person,
not being a telegraph officer, but having official duties connected with
any office which is used as a telegraph office—
(a) wilfully, secrets, makes away with or alters any message which
he has received for transmission or delivery, or
(b) wilfully, and otherwise than in obedience to an order of the
Central Government or of a State Government, or of an officer
specially authorised [by the Central or a State Government] to
make the order, omits to transmit, or intercepts or detains, any
message or any part thereof, or otherwise than in pursuance of
his official duty or in obedience to the direction of a competent
Court, discloses the contents or any part of the contents of any
message, to any person not entitled to receive the same, or
(c) divulges the purport of any telegraphic signal to any person not
entitled to become acquainted with the same,
he shall be punished with imprisonment for a term which may extend to
three years, or with fine, or with both.
27. Telegraph officer fraudulently sending messages without
payment. —If any telegraph officer transmits by telegraph any message
on which the charge prescribed by the [Central Government], or by a
person licensed under this Act, as the case may be, has not been paid,
intending thereby to defraud the [Central Government], or that person,
31 Inserted by Act 7 of 1914.
50
he shall be punished with imprisonment for a term which may extend to
three years, or with fine, or with both.
28. Misconduct.—If any telegraph officer, or any person not being a
telegraph officer but having official duties connected with any office
which is used as a telegraph office is guilty of any Act of drunkenness,
carelessness or other misconduct whereby the correct transmission or
the delivery of any message is impeded or delayed or if any telegraph
officer loiters or delays in the transmission or delivery of any message, he
shall be punished with imprisonment for a term which may extend to
three months, or with fine which may extend to one hundred rupees, or
with both.
29. [Sending fabricated messages].—Repealed by the Indian
Telegraph (Amendment) Act, 1971 (33 of 1971), section 4.
[29A. Penalty.—If any person, without due authority, —
(a) makes or issues any document of a nature reasonably calculated
to cause it to be believed that the document has been issued by,
or under the authority of, the Director-General of [Posts and
Telegraphs], or
(b) makes on any document any mark in imitation of, or similar to,
or purporting to be, any stamp or mark of any Telegraph Office
under the Director General of [Posts and Telegraphs], or a mark
of a nature reasonably calculated to cause it to be believed that
the documents so marked has been issued by, or under the
authority of, the Director-General of 32[Posts and Telegraphs],
he shall be punished with fine which may extend to fifty rupees.]
30. Retaining a message delivered by mistake.—If any person
fraudulently retains, or wilfully secretes, makes away with or detains a
message which ought to have been delivered to some other person, or,
being required by a telegraph officer to deliver up any such message,
neglects of refuses to do so, he shall be punished with imprisonment for
a term which may extend to two years, or with fine, or with both.
31. Bribery.—A telegraph officer shall be deemed a public servant
within the meaning of sections 161, 162, 163, 164 and 165 of the Indian
Penal Code (45 of 1860); and in the definition of ‘legal remuneration’
contained in the said section 161, the word ‘Government’ shall, for the
purposes of this Act, be deemed to include a person licensed under this
Act.
32. Attempts to commit offences.—Whoever attempts to commit
any offence punishable under this Act shall be punished with the
punishment herein provided for the offence.
32 Substituted by Act 14 of 1914, section 2 for ‘Telegraphs’.
51
PART V
SUPPLEMENTAL PROVISION
33. Power to employ additional police in places where mischief to
telegraphs is repeatedly committed.—(1) Whenever it appears to the
State Government that any act causing or likely to cause wrongful
damage to any telegraph is repeatedly and maliciously committed in any
place, and that the employment of an additional police force in that place
is thereby rendered necessary, the State Government may send such
additional police force as it thinks fit to the place, and employ the same
therein so long as, in the opinion of that Government, the necessity of
doing so continues.
(2) The inhabitants of the place shall be charged with the cost of the
additional police force, and the District Magistrate shall, subject to the
orders of the State Government, assess the proportion in which the cost
shall be paid by the inhabitants according to his judgment of their
respective means.
(3) All moneys payable under sub-section (2) shall be recoverable
either under the warrant of a Magistrate by distress and sale of the
movable property of the defaulter within the local limits 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 this section.
[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, sub-section (1), and section 17, subsections
(2) and (3), for the words ‘Magistrate of the first or second class’
in section 18, sub-section (1), [and section 19A, sub-section (2),] and for
the word ‘Magistrate’ in section 18 sub-section (2), there had been
enacted the words ‘Commissioner of Police’, and for the ‘District Judge’ in
section 16, sub-sections (3), (4) and (5), the words ‘Chief Judge of the
Court of Small Causes’.
33[(2) Omitted].
(3) The fee in respect of an application to the Chief Judge of a
Presidency Court of Small Causes under sub-section (3) of section 16
shall be the same as would be payable under the Court-fees Act, 1870 (7
of 1870), in respect of such an application to a District Judge beyond the
limits of a Presidency-town, and fees for summonses and other processes
in proceedings before the Chief Judge under sub-section (3) or subsection
(4) of that section shall be payable according to the scale set forth
in the Fourth Schedule to the Presidency Small Causes Courts Act, 1882.
35. Reference to certain laws of Part B States.—[Repealed by Part
B States (Laws) Act, 1951 (Act 3 of 1951), section 3 and Schedule.]
33 Omitted by the A.O. 1937.
52
THE INDIAN TELEGRAPH ACT, 1885
PART I
PRELIMINARY
1. Short title, local extent and commencement 35
2. Repeal and savings 35
3. Definitions 35
PART II
PRIVILEGES AND POWERS OF THE GOVERNMENT
4. Exclusive privilege in respect of telegraphs, and
power to grant licenses 36
5. Power for Government to take possession of
licensed telegraphs and to order interception of
messages 37
6. Power to establish telegraph on land of Railway
Company 38
6A. Power to notify rates for transmission of messages
to countries outside India 38
7. Power to make rules for the conduct of telegraphs 38
7A. Saving of existing agreements 41
7B. Arbitration of disputes 41
8. Revocation of licenses 41
9. Government not responsible for loss or damage 41
PART IIA
UNIVERSAL SERVICE OBLIGATION FUND
9A. Establishment of Universal Service Obligation Fund 42
9B. Crediting of sums to Consolidated Fund of India 42
9C. Grants and loans by Central Government 42
9D. Administration and utilisation of Fund 42
PART III
POWER TO PLACE TELEGRAPH LINES AND POSTS
10. Power for telegraph authority to place and
maintain telegraph lines and posts 42
11. Power to enter on property in order to repair or
remove telegraph lines or posts 43
32
PROVISIONS APPLICABLE TO PROPERTY VESTED IN OR UNDER THE CONTROL
OR MANAGEMENT OF LOCAL AUTHORITIES
12. Power for local authority to give permission under
section 10, clause (c), subject to conditions 43
13. Power for local authority to require removal or
alteration of telegraph line or post 43
14. Power to alter position of gas or water pipes or
drains 44
15. Disputes between telegraph authority and local
authority 44
PROVISIONS APPLICABLE TO OTHER PROPERTY
16. Exercise of powers conferred by section 10, and
disputes as to compensation, in case of property
other than that of a local authority 44
17. Removal or alteration of telegraph line or post on
property other than that of a local authority 45
PROVISIONS APPLICABLE TO ALL PROPERTY
18. Removal of trees interrupting telegraphic
communication 46
19. Telegraph lines and posts placed before passing of
this Act 46
19A. Person exercising legal right likely to damage
telegraph or interfere with telegraphic
communication to give notice 46
19B. Power to confer upon licensee powers of telegraph
authority under this Part 47
PART IV
PENALTIES
20. Establishing, maintaining or working
unauthorised telegraph 47
20A. Breach of condition of license 48
21. Using unauthorised telegraphs 48
22. Opposing establishment of telegraphs on railway
land 48
33
23. Intrusion into signal-room, trespass in telegraph
office or obstruction 48
24. Unlawfully attempting to learn the contents of
messages 48
25. Intentionally damaging or tampering with
telegraphs 48
25A. Injury to or interference with a telegraph line or
post 49
26. Telegraph officer or other official making away
with or altering, or unlawfully intercepting or
disclosing messages, or divulging purport of
signals 49
27. Telegraph officer fraudulently sending messages
without payment 49
28. Misconduct 50
29. [Sending fabricated messages] 50
29A. Penalty 50
30. Retaining a message delivered by mistake 50
31. Bribery 50
32. Attempts to commit offences 50
PART V
SUPPLEMENTAL PROVISION
33. Power to employ additional police in places where
mischief to telegraphs is repeatedly committed 51
34. Application of Act to Presidency-towns 51
35. Reference to certain laws of Part B States. 51
___________________
34
35
THE INDIAN TELEGRAPH ACT, 18851
AN
ACT
to amend the law relating to Telegraphs in India
WHEREAS it is expedient to amend the law relating to telegraphs in
India;
It is hereby enacted as follows:
PART I
PRELIMINARY
1. Short title, local extent and commencement.—(1) This Act may
be called the Indian Telegraph Act, 1885.
(2) It extends to the whole of India 2[* * * * * *].
(3) It shall come into force on the first day of October 1885.
2. Repeal and savings.— 3[* * * * *]
3. Definitions.—In this Act, unless there is something repugnant in
the subject or context,—
4[(1) ‘Fund’ means the Universal Service Obligation Fund established
under sub-section (1) of section 9A.
(1A) ‘Universal Service Obligation’ means the obligation to provide
access to basic telegraph services to people in the rural and remote areas
at affordable and reasonable prices’]
5[6[(1AA)] ‘telegraph’ means any appliance, instrument, material or
apparatus used or capable of use for transmission or reception of signs,
signals, writing, images and sounds or intelligence of any nature by wire,
visual or other electro-magnetic emissions, radio waves or Hertzian
waves, galvanic, electric or magnetic means.
Explanation.—’Radio waves’ or ‘Hertzian waves’ means electromagnetic
waves of frequencies lower than 3,000 giga-cycles per second
propagated in space without artificial guide;]
1 Act No. 13 of 1885, dated 22.7.1885. As amended up to date.
2 Words ‘except the State of Hyderabad’ omitted by the Part B States (Laws) Act, 1951, with effect
from 1.4.1951.
3 Repealed by the Repealing Act, 1938 (1 of 1938,) section 2 and Schedule.
4 Inserted by the Indian Telegraph (Amendment) Act, 2003. Act No. 8 of 2004, received the assent
of the President on the 9 January, 2004, with retrospective effect from 1.4.2002.
5 Substituted by the Telegraph Laws (Amendment) Act, 1961, with effect from 2.5.1961.
6 Clause (1) renumbered as clause (1AA) by the Indian Telegraph (Amendment) Act, 2003. Act No.
8 of 2004, received the assent of the President on the 9 January, 2004, with retrospective effect
from 1.4.2002.
36
(2) ‘telegraph officer’ means any person employed either permanently
or temporarily in connection with a telegraph established, maintained or
worked by 7[the Central Government] or by a person licensed under this
Act;
(3) ‘message’ means any communication sent by telegraph, or given to
telegraph officer to be sent by 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 apparatus connected therewith for the purpose of
fixing or insulating the same;
(5) ‘post’ means a post, pole, standard, stay, strut or other above
ground contrivance for carrying, suspending or supporting a telegraph
line;
(6) ‘telegraph authority’ means the Director General of 8[Posts and
Telegraphs], and includes any officer empowered by 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 port commissioners or other authority legally entitled to, or
entrusted by’ the Central or any State Government] with, the control,
management of any municipal or local fund.
PART II
PRIVILEGES AND POWERS OF THE GOVERNMENT
4. Exclusive privilege in respect of telegraphs, and power to grant
licenses.— 9[(1)] Within 10[India], the Central Government shall have
exclusive privilege of establishing, maintaining and working telegraphs:
Provided that the Central Government may grant a license, on such
conditions and in consideration of such payments as it thinks fit, to any
person to establish, maintain or work a telegraph within any part of 11
[India]:
12[Provided further that the Central Government may, by rules made
under this Act and published in the Official Gazette, permit, subject to
such restrictions and conditions as it thinks fit, the establishment,
maintenance and working—
7 Substituted by A.O. 1937, for ‘the Government’.
8 Substituted by Act 14 of 1914, section 2 for ‘Telegraphs’.
9 Renumbered as sub-section (1) of the section 4 by Act No. 7 of 1914.
10 Substituted by Act 45 of 1998, section 3 for ‘the Provinces’.
11 Substituted by Act 45 of 1998, section 3 for ‘the Provinces’.
12 Inserted by Act 7 of 1914, section 4.
37
(a) of wireless telegraphs on ships within Indian territorial waters
[and on aircraft within or above 13[India], or Indian territorial
waters], and
(b) of telegraphs other than wireless telegraphs within any part of
14[India].
15[Explanation—The payments made for the grant of a licence under
this sub-section shall include such sum attributable to the Universal
Service Obligation as may be determined by the Central Government
after considering the recommendations made in this behalf by the
Telegraph Regulatory Authority of India established under sub-section (1)
of section 3 of the Telegraph Regulatory Authority of India Act, 1997 (24
of 1997).]
16[(2) The Central Government may, by notification in the Official
Gazette, delegate to the telegraph authority all or any of it its powers
under the first proviso to sub-section (1).
The exercise by the telegraph authority of any power so delegated
shall be subject to such restrictions and conditions as the Central
Government may, by the notification, think fit to impose.]
17[5. Power for Government to take possession of licensed
telegraphs and to order interception of messages.—(1) On the
occurrence of any public emergency, or in the interest of the public
safety, the Central Government or a State Government or any officer
specially authorized in this behalf by the Central Government or a State
Government may, if satisfied that it is necessary or expedient so to do,
take temporary possession (for so long as the public emergency exists or
the interest of the public safety requires the taking of such action) of any
telegraph established, maintained or worked by any person licensed
under this Act.
(2) On the occurrence of any public emergency, or in the interest of
the public safety, the Central Government or a State Government or any
officer specially authorised in this behalf by the Central Government or a
State Government may, if satisfied that it is necessary or expedient so to
do in the interests of the sovereignty and integrity of India, the security of
the State, friendly relations with foreign States or public order or for
preventing incitement to the commission of an offence, for reasons to be
recorded in writing, by order, direct that any message or class of
messages to or from any person or class of persons, or relating to any
particular subject, brought for transmission by or transmitted or received
by any telegraph, shall not be transmitted, or shall be intercepted or
13 Substituted by Act 45 of 1998, section 3 for ‘the Provinces’.
14 Substituted by Act 45 of 1998, section 3 for ‘the Provinces’.
15 Inserted by the Indian Telegraph (Amendment) Act, 2003. Act No. 8 of 2004, received the assent
of the President on the 9 January, 2004, with retrospective effect from 1.4.2002.
16 Inserted by the Act 7 of 1914.
17 Substituted by the Indian Telegraph (Amendment) Act, 1972, with effect from 21.8.1972.
38
detained, or shall be disclosed to the Government making the order or an
officer thereof mentioned in the order:
Provided that press messages intended to be published in India of
correspondents accredited to the Central Government or a State
Government shall not be intercepted or detained, unless their
transmission has been prohibited under this sub-section.
6. Power to establish telegraph on land of Railway Company.—Any
Railway company, on being required so to do by the Central Government,
shall permit the Government to establish and maintain a telegraph upon
any part of the land of the company, and shall give every reasonable
facility for working the same.
18[6A. Power to notify rates for transmission of messages to
countries outside India.—(1) The Central Government may, from time
to time, by order, notify the rates at which, and the other conditions and
restrictions subject to which messages shall be transmitted to any
country outside India.
(2) In notifying the rates under sub-section (1), the Central
Government shall have due regard to all or any of the following factors,
namely:
(a) the rates for the time being in force, for transmission of
messages, in countries outside India;
(b) the foreign exchange rates for the time being in force;
(c) the rates for the time being in force for transmission of messages
within India;
(d) such other relevant factors as the Central Government may
think fit in the circumstances of the case.]
7. Power to make rules for the conduct of telegraphs—(1) The
Central Government may, from time to time, by notification in the Official
Gazette, make rules consistent with this Act for the conduct of all or any
telegraphs established, maintained or worked by the Government or by
persons licensed under this Act.
(2) Rules under this section may provide for all or any of the following
among other matters, that is to say:
(a) the rates at which, and the other conditions and restrictions
subject to which, messages shall be transmitted 19[within India];
(b) the precautions to be taken for preventing the improper
interception or disclosure of messages;
(c) the period for which, and the conditions subject to which,
telegrams and other documents belonging to, or being in the
custody of, telegraph officers shall be preserved;
18 Inserted by the Indian Telegraph (Amendment) Act, 1971, with effect from 10.8.1971.
19 Inserted by the Indian Telegraph (Amendment) Act, 1971, with effect from 10.8.1971.
39
(d) the fees to be charged for searching for telegrams or other
documents in the custody of any telegraph officer;
20[(e) the conditions and restrictions subject to which any telegraph
line, appliance of apparatus for telegraphic communication shall
be established, maintained, worked, repaired, transferred,
shifted, withdrawn or disconnected;]
21[(ee) the charges in respect of any application for providing any
telegraph line, appliance or apparatus;]
22[(eea) the manner in which the Fund may be administered;
(eeb) the criteria based on which sums may be released.]
(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 operators operating such line, appliance or
apparatus;
(g) the matters in connection with the transition from a system
whereunder rights and obligations relating to the establishment,
maintenance, working repair, transfer or shifting of any
telegraph line, appliance or apparatus for telegraphic
communication attach by virtue of any agreement to a system
whereunder such rights and obligations attach by virtue of rules
made under this section;
(h) the time at which, the manner 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 furnishing of
security for the payment of such rates, charges and fees;
(i) the payment of compensation to the Central Government for any
loss incurred in connection with the provision of any telegraph
line, appliance or apparatus for the benefit of any person –
(a) where the line, appliance or apparatus is, after it has been
connected for use, given up by that person before the
expiration of the period fixed by these rules, or
(b) where the work done for the purpose of providing the line,
appliance or apparatus is, before it is connected for use,
rendered abortive by some act or omission on the part of
that person;
(j) the principles according to which and the authority by whom the
compensation referred to in clause (i) shall be assessed;
20 Clauses (e) to (k) inserted by the Indian Telegraph (Amendment) Act, 1957, with effect from
1.7.1959.
21 Inserted by the Indian Telegraph (Amendment) Act, 1974 with effect from 1.6.1975.
22 Inserted by the Indian Telegraph (Amendment) Act, 2003 . Act No. 8 of 2004, received the assent
of the President on the 9 January, 2004, with retrospective effect from 1.4.2002.
40
23[(jj) the qualifications to be possessed and the examinations, if any,
to be passed by the persons employed for the establishment,
maintenance or working of any telegraph and the fees to be
charged for admission to such examinations;] and
(k) any other matter for which provision is necessary for the proper
and efficient conduct of all or any telegraphs under this Act.
(3) When making rules for the conduct of any telegraph established,
maintained or worked by any person licensed under this Act, the Central
Government may by the rules prescribe fines for any breach of the same:
Provided that the fines so prescribed shall not exceed the following
limits, namely:
(i) When the person licensed under this Act is punishable for the
breach, one thousand rupees, and in the case of a continuing
breach, a further fine of two hundred rupees for every day after
the first during the whole or any part of which the breach
continues.
(ii) When a servant of the person so licensed, or any other person, is
punishable for the breach, one-fourth of the amounts specified
in clause (i).
(4) Nothing in this section or in any rules made hereunder shall be
construed as—
(a) precluding the Central Government from entering into an
agreement with a person for the establishment, maintenance
and working by that Government on terms and conditions
specified in the agreement of any telegraph line, appliance or
apparatus for the purpose of affording means of telegraphic
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 Central Government to any obligation to provide
any telegraph line appliance or apparatus for the purpose of
affording means of telegraphic communication.
24[(5) Every rule made under this section shall be laid as soon as may
be after it is made before each House of Parliament while it is in session
for a total period of thirty days 25[which may be comprised in one session
or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions
aforesaid] both Houses agree in making any modification in the rule or
23 Inserted by the Telegraph Laws (Amendment) Act, 1961 with effect from 2.5.1961.
24 Substituted by the Telegraph Laws (Amendment) Act, 1961, with effect from 2.5.1961.
25 Substituted for ‘which may be comprised in one session or in two successive sessions, and if,
before the expiry of the session in which it is so laid or the session immediately following’, by the
Indian Telegraph (Amendment) Act, 1974, with effect from 1.6.1975.
41
both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect as the
case may be; so, however, that any such modification or annulment shall
be without prejudice to the validity of anything previously done under
that rule.]
26[7A. Saving of existing agreements.—Nothing in section 7 shall
authorise the making of any rules determining any agreement entered
into by the Central Government with any person before the
commencement of the Indian Telegraph (Amendment) Act, 1957 (47 of
1957), relating to the establishment, maintenance or working of any
telegraph line, appliance or apparatus for telegraphic communication;
and all rights and obligations thereunder relating to such establishment,
maintenance or working shall be determined in accordance with the
terms and conditions of such agreement.
7B. Arbitration of disputes.—(1) Except as otherwise expressly
provided in this Act, if any dispute concerning any telegraph line,
appliance or apparatus arises between the telegraph authority and the
person for whose benefit the line, appliance or apparatus is, or has been
provided, the dispute shall be determined by arbitration and shall, for
the purposes of such determination, be referred to an arbitrator
appointed by the Central Government either specially for the
determination of that dispute or generally for the determination of
disputes under this section.
(2) The award of the arbitrator appointed under sub-section (1) shall
be conclusive between the parties to the dispute and shall not be
questioned in any court.]
8. Revocation of licenses.—The Central Government may, at any
time, revoke any license granted under section 4, on the breach of any of
the conditions therein contained, or in default of payment of any
consideration payable thereunder.
9. Government not responsible for loss or damage.—The
Government shall not be responsible for any loss or damage which may
occur in consequence of any telegraph officer failing in his duty with
respect to the receipt, transmission or delivery of any message; and no
such officer shall be responsible for any such loss or damage, unless he
causes the same negligently, maliciously or fraudulently.
26 Sections 7A and 7B inserted by the Indian Telegraph (Amendment) Act, 1957, with effect from
1.7.1959.
42
27[PART IIA]
UNIVERSAL SERVICE OBLIGATION FUND
9A. Establishment of Universal Service Obligation Fund.— (1) On
and from the commencement of the Indian Telegraph (Amendment) Act,
2003, there shall be deemed to have been established, for the purposes
of this Act, a fund to be called the Universal Service Obligation Fund.
(2) The Fund shall be under the control of the Central Government
and there shall be credited thereto —
(a) any sums of money paid under section 9B;
(b) any grants and loans made by the Central Government under
section 9C.
(3) The balance to the credit of the Fund shall not lapse at the end of
the financial year.
9B. Crediting of sums to Consolidated Fund of India.—The sums of
money received towards the Universal Service Obligation under section 4
shall first be credited to the Consolidated Fund of India, and the Central
Government may, if Parliament by appropriation made by law in this
behalf so provides, credit such proceeds to the Fund from time to time
for being utilised exclusively for meeting the Universal Service Obligation.
9C. Grants and loans by Central Government.— The Central
Government may, after due appropriation made by Parliament by law in
this behalf, credit by way of grants and loans such sums of money as
that Government may consider necessary in the Fund.
9D. Administration and utilisation of Fund.—(1) The Central
Government shall have the power to administer the Fund in such
manner as may be prescribed by rules made under this Act.
(2) The Fund shall be utilised exclusively for meeting the Universal
Service Obligation.
(3) The Central Government shall be responsible for the co-ordination
and ensuring timely utilisation and release of sums in accordance with
the criteria as may be prescribed by rules made under the Act.]
PART III
POWER TO PLACE TELEGRAPH LINES AND POSTS
10. Power for telegraph authority to place and maintain telegraph
lines and posts.—The telegraph authority may, from time to time, place
27 Inserted by the Indian Telegraph (Amendment) Act, 2003. Act No. 8 of 2004, received the assent
of the President on the 9 January, 2004, with retrospective effect from 1.4.2002.
43
and maintain a telegraph line under, over, along, or across, and posts in
or upon any immovable property:
Provided that—
(a) the telegraph authority shall not exercise the powers conferred
by this section except for the purposes of a telegraph established
or maintained by the [Central Government], or to be so
established or maintained;
(b) the [Central Government] shall not acquire any right other than
that of user only in the property under, over, along, across in or
upon which the telegraph authority places any telegraph line or
post; and
(c) except as hereinafter provided, the telegraph authority shall not
exercise those powers in respect of any property vested in or
under the control or management of any local authority, without
the permission of that authority; and
(d) in the exercise of the powers conferred by this section, the
telegraph authority shall do as little damage as possible, and,
when it has exercised those powers in respect of any property
other than that referred to in clause (c), shall pay full
compensation to all persons interested for any damage sustained
by them by reason of the exercise of those powers.
11. Power to enter on property in order to repair or remove
telegraph lines or posts.—The telegraph authority may, at any time, for
the purpose of examining, repairing, altering or removing any telegraph
line or post, enter on the property under, over, along, across, in or upon
which the line or post has been placed.
PROVISIONS APPLICABLE TO PROPERTY VESTED IN OR UNDER THE CONTROL
OR MANAGEMENT OF LOCAL AUTHORITIES
12. Power for local authority to give permission under section 10,
clause (c), subject to conditions.—Any permission given by a local
authority under section 10, clause (c), may be given subject to such
reasonable conditions as that authority thinks fit to impose, as to the
payment of any expenses to which the authority will necessarily be put in
consequence of the exercise of the powers conferred by that section, or as
to the time or mode of execution of any work, or as to any other thing
connected with or relative to any work undertaken by the telegraph
authority under those powers.
13. Power for local authority to require removal or alteration of
telegraph line or post.—When, under the foregoing provisions of this
Act, a telegraph line or post has been placed by the telegraph authority
under, over, along, across, in or upon any property vested in or under
the control or management of a local authority, and the local authority,
44
having regard to circumstances which have arisen since the telegraph
line or post was so placed, considers it expedient that it should be
removed or that its position should be altered, the local authority may
require the telegraph authority to remove it or alter its position, as the
case may be.
14. Power to alter position of gas or water pipes or drains.—The
telegraph authority may, for the purpose of exercising the powers
conferred upon it by this Act in respect of any property vested in or
under the control or management of a local authority, alter the position
thereunder of any pipe (not being a main) for the supply of gas or water,
or of any drain (not being a main drain):
Provided that—
(a) when the telegraph authority desires to alter the position of any
such pipe or drain it shall give reasonable notice of its intention
to do so, specifying the time at which it will begin to do so, to the
local authority, and, when the pipe or drain is not under the
control of the local authority, to the person under whose control
the pipe or drain is;
(b) a local authority or person receiving notice under clause (a) may
send a person to superintend the work, and the telegraph
authority shall execute the work to the reasonable satisfaction of
the person so sent.
15. Disputes between telegraph authority and local authority.—(1)
If any dispute arises between the telegraph authority and a local
authority in consequence of the local authority refusing the permission
referred to in section 10, clause (c), or prescribing any condition under
section 12, or in consequence of the telegraph authority omitting to
comply with a requisition made under section 13, or otherwise in respect
of the exercise of the powers conferred by this Act, it shall be determined
by such officer as the [Central Government] may appoint either generally
or specially in this behalf.
(2) An appeal from the determination 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 conferred by section 10, and disputes as to
compensation, in case of property other than that of a local
authority.—(1) If the exercise of the powers mentioned in section 10 in
respect of property referred to in clause (d) of that section is resisted or
45
obstructed, the District Magistrate may, in his discretion, order that the
telegraph authority shall be permitted to exercise them.
(2) If, after the making of an order under sub section (1), any person
resists the exercise of those powers, or, having control over the property,
does not give all facilities for this being exercised, he shall be deemed to
have committed an offence under section 188 of the Indian Penal Code
(45 of 1860).
(3) If any dispute arises concerning the sufficiency of the
compensation to be paid under section 10, clause (d), it shall, on
application for that purpose by either of the disputing parties to the
District Judge within whose jurisdiction the property is situate, be
determined by him.
(4) If any dispute arises as to the persons entitled to receive
compensation, or as to the proportions in which the persons interested
are entitled to share in it, the telegraph authority may pay 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 to be
sufficient or the amount has been determined under sub-section (3), that
amount; and the District Judge, after giving notice to the parties and
hearing such of them as desire to be heard, shall determine the persons
entitled to receive the compensation or, as the case may be, the
proportions in which the persons interested are entitled to share in it.
(5) Every determination of a dispute by a District Judge under subsection
(3) or sub-section (4) shall be final:
Provided that nothing in this sub-section shall affect the right of any
person to recover by suit the whole or any part of any compensation paid
by the telegraph authority, from the person who has received the same.
17. Removal or alteration of telegraph line or post on property
other than that of a local authority.—(1) When, under the foregoing
provisions of this Act, a telegraph line or post has been placed by the
telegraph authority under, over, along, across, in or upon any property,
not being property vested in or under the control or management of a
local authority, and any person entitled to do so desires to deal with that
property in such a manner as to render it necessary or convenient that
the telegraph line or post should be removed to another part thereof or to
a higher or lower level or altered in form, he may require the telegraph
authority to remove or alter the line or post accordingly:
Provided that, if compensation has been paid under section 10, clause
(d), he shall, when making the requisition, tender to the telegraph
authority the amount requisite to defray the expense of the removal or
alteration, or half of the amount paid as compensation, whichever may
be the smaller sum.
(2) If the telegraph authority omits to comply with the requisition, the
person making it may apply to the District Magistrate within whose
jurisdiction the property is situated to order the removal or alteration.
46
(3) A District Magistrate receiving an application under sub-section (2)
may, in his discretion reject the same or make an order, absolutely or
subject to conditions, for the removal of the telegraph line or post to any
other part of the property or to higher or lower level or for the alteration
of its form; and the order so made shall be final.,
PROVISIONS APPLICABLE TO ALL PROPERTY
18. Removal of trees interrupting telegraphic communication.—
(1) If any tree standing or lying near a telegraph line interrupts, or is
likely to interrupt, telegraphic communication, a Magistrate of the first or
second class may, on the application of the telegraph authority, cause
the tree to be removed or dealt with in such other way as he deems fit.
(2) When disposing of an application under sub-section (1), the
Magistrate shall, in the case of any tree in existence before the telegraph
line was placed, award to the persons interested in the tree such
compensation as he thinks reasonable, and the shall be final.
19. Telegraph lines and posts placed before passing of this Act.—
Every telegraph line or post placed before the passing of this Act under,
over, along, across, in or upon any property, for the purposes of a
telegraph established or maintained by the [Central Government], shall
be deemed to have been placed in exercise of the powers conferred by,
and after observance of all the requirement of, this Act.
28[19A. Person exercising legal right likely to damage telegraph or
interfere with telegraphic communication to give notice.—(1) Any
person desiring to deal in the legal exercise of a right with any property
in such a manner as is likely to cause damage to a telegraph line or post
which has been duly placed in accordance with the provisions of this Act,
or to interrupt or interfere with telegraphic communication, shall give not
less than one month’s notice in writing of the intended exercise of such
right to the telegraph authority, or to any telegraph officer whom the
telegraph authority may empower in this behalf.
(2) If any such person without having complied with he provisions of
sub-section (1) deals with any property in such a manner as is likely to
cause damage to any telegraph line or post, or to interrupt or interfere
with telegraphic communication, a Magistrate of the first or second class
may, on the application of the telegraph authority, order such person to
abstain from dealing with such property in such manner for a period not
exceeding one month from the date of his order and forthwith to take
such action with regard to such property as may be in the opinion of the
Magistrate necessary to remedy or prevent such damage, interruption or
interference during such period.
28 Sections 19A and 19B inserted by Act 7 of 1914.
47
(3) A person dealing with any property in the manner referred to in
sub-section (1) with the bona fide intention of averting imminent danger
of personal injury to himself or any other human being shall be deemed
to have complied with the provisions of the said sub-section, if he gives
such notice of the intended exercise of the right as is in the
circumstances possible, or where no such previous notice can be given
without incurring the imminent danger referred to above, if he forthwith
gives notice of the actual exercise of such right to the authority of officer
specified in the said sub-section.
19B. Power to confer upon licensee powers of telegraph authority
under this Part.—The Central Government may, by notification in the
Official Gazette, confer upon any licensee under section 4, in respect of
the extent of his license and subject to any conditions and restrictions
which the Central Government may think fit to impose and to the
provisions of this Part, all or any of the powers which the telegraph
authority possesses under this Part with regard to a telegraph
established or maintained by the Government or to be so established or
maintained:
Provided that the notice prescribed in section 19A shall always be
given to the telegraph authority or officer empowered to receive notice
under section 19A(1).]
PART IV
PENALTIES
20. Establishing, maintaining or working unauthorised
telegraph.—(1) If any person establishes, maintains or works a telegraph
within 29[India] in contravention of the provisions of section 4 or
otherwise than as permitted by rules made under that section, he shall
be punished, if the telegraph is a wireless telegraph, with imprisonment
which may extend to three years, or with fine, or with both, and in any
other case, with a fine which may extend to one thousand rupees.
(2) Notwithstanding anything contained in the Code of Criminal
Procedure, 1898 (5 of 1898), offences under this section in respect of a
wireless telegraph shall, for the purposes of the said Code, be bailable
and non-cognizable.
(3) When any person is convicted of an offence punishable under this
section, the Court before which he is convicted may direct that the
telegraph in respect of which the offence has been committed, or any
part of such telegraph, be forfeited to Government.
29 Substituted by Act 45 of 1998, section 3 for ‘the Provinces’.
48
30[20A. Breach of condition of license.—If the holder of a license
granted under section 4 contravenes any condition contained in his
license, he shall be punished with fine which may extend to one
thousand rupees, and with a further fine which may extend to five
hundred rupees for every week during which the breach of the condition
continues.]
21. Using unauthorised telegraphs.—If any person, knowing or
having reason to believe that a telegraph has been established or is
maintained or worked in contravention of this Act, transmits or receives
any message by such telegraph, or performs any service incidental
thereto, or delivers any message for transmission by such telegraph or
accepts delivery of any message sent thereby, he shall be punished with
fine which may extend to fifty rupees.
22. Opposing establishment of telegraphs on railway land.—If a
Railway Company, or an officer of a Railway Company, neglects or
refuses to comply with the provisions of section 6, it or he shall be
punished with fine which may extend to one thousand rupees for every
day during which the neglect or refusal continues.
23. Intrusion into signal-room, trespass in telegraph office or
obstruction.—If any person—
(a) without permission of competent authority, enters the signalroom
of a telegraph office of the Government, or of a person
licensed under this Act, or
(b) enters a fenced enclosure round such a telegraph office in
contravention of any rule or notice not to do so, or
(c) refuses to quit such room or enclosure on being requested to do
so by any officer or servant employed therein, or
(d) wilfully obstructs or impedes any such officer or servant in the
performance of his duty,
he shall be punished with fine which may extend to five hundred rupees.
24. Unlawfully attempting to learn the contents of messages.—If
any person does any of the acts mentioned in section 23 with the
intention of unlawfully learning the contents of any message, or of
committing any offence punishable under this Act, he may (in addition to
the fine with which he is punishable under section 23) be punished with
imprisonment for a term which may extend to one year.
25. Intentionally damaging or tampering with telegraphs.—If any
person, intending—
(a) to prevent or obstruct the transmission or delivery of any
message, or
(b) to intercept or to acquaint himself with the contents of any
message, or
30 Inserted by Act 7 of 1914.
49
(c) to commit mischief,
damages, removes, tampers with or touches any battery, machinery,
telegraph line, post or other thing whatever, being part of or used in or
about any telegraph or in the working thereof,
he shall be punished with imprisonment for a term which may extend to
three years, or with fine or with both.
31[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
property and thereby wilfully or negligently damages any telegraph line
or post duly placed on such property in accordance with the provisions of
this Act, he shall be liable to pay the telegraph authority such expenses
(if any) as may be incurred in making good such damage, and shall also,
if the telegraphic communication is by reason of the damage so caused
interrupted, be punishable with a fine which may extend to one
thousand rupees:
Provided that the provisions of this section shall not apply where such
damage or interruption is caused by a person dealing with any property
in the legal exercise of a right if he has complied with the provisions of
section 19A(1).]
26. Telegraph officer or other official making away with or
altering, or unlawfully intercepting or disclosing messages, or
divulging purport of signals.—If any telegraph officer, or any person,
not being a telegraph officer, but having official duties connected with
any office which is used as a telegraph office—
(a) wilfully, secrets, makes away with or alters any message which
he has received for transmission or delivery, or
(b) wilfully, and otherwise than in obedience to an order of the
Central Government or of a State Government, or of an officer
specially authorised [by the Central or a State Government] to
make the order, omits to transmit, or intercepts or detains, any
message or any part thereof, or otherwise than in pursuance of
his official duty or in obedience to the direction of a competent
Court, discloses the contents or any part of the contents of any
message, to any person not entitled to receive the same, or
(c) divulges the purport of any telegraphic signal to any person not
entitled to become acquainted with the same,
he shall be punished with imprisonment for a term which may extend to
three years, or with fine, or with both.
27. Telegraph officer fraudulently sending messages without
payment. —If any telegraph officer transmits by telegraph any message
on which the charge prescribed by the [Central Government], or by a
person licensed under this Act, as the case may be, has not been paid,
intending thereby to defraud the [Central Government], or that person,
31 Inserted by Act 7 of 1914.
50
he shall be punished with imprisonment for a term which may extend to
three years, or with fine, or with both.
28. Misconduct.—If any telegraph officer, or any person not being a
telegraph officer but having official duties connected with any office
which is used as a telegraph office is guilty of any Act of drunkenness,
carelessness or other misconduct whereby the correct transmission or
the delivery of any message is impeded or delayed or if any telegraph
officer loiters or delays in the transmission or delivery of any message, he
shall be punished with imprisonment for a term which may extend to
three months, or with fine which may extend to one hundred rupees, or
with both.
29. [Sending fabricated messages].—Repealed by the Indian
Telegraph (Amendment) Act, 1971 (33 of 1971), section 4.
[29A. Penalty.—If any person, without due authority, —
(a) makes or issues any document of a nature reasonably calculated
to cause it to be believed that the document has been issued by,
or under the authority of, the Director-General of [Posts and
Telegraphs], or
(b) makes on any document any mark in imitation of, or similar to,
or purporting to be, any stamp or mark of any Telegraph Office
under the Director General of [Posts and Telegraphs], or a mark
of a nature reasonably calculated to cause it to be believed that
the documents so marked has been issued by, or under the
authority of, the Director-General of 32[Posts and Telegraphs],
he shall be punished with fine which may extend to fifty rupees.]
30. Retaining a message delivered by mistake.—If any person
fraudulently retains, or wilfully secretes, makes away with or detains a
message which ought to have been delivered to some other person, or,
being required by a telegraph officer to deliver up any such message,
neglects of refuses to do so, he shall be punished with imprisonment for
a term which may extend to two years, or with fine, or with both.
31. Bribery.—A telegraph officer shall be deemed a public servant
within the meaning of sections 161, 162, 163, 164 and 165 of the Indian
Penal Code (45 of 1860); and in the definition of ‘legal remuneration’
contained in the said section 161, the word ‘Government’ shall, for the
purposes of this Act, be deemed to include a person licensed under this
Act.
32. Attempts to commit offences.—Whoever attempts to commit
any offence punishable under this Act shall be punished with the
punishment herein provided for the offence.
32 Substituted by Act 14 of 1914, section 2 for ‘Telegraphs’.
51
PART V
SUPPLEMENTAL PROVISION
33. Power to employ additional police in places where mischief to
telegraphs is repeatedly committed.—(1) Whenever it appears to the
State Government that any act causing or likely to cause wrongful
damage to any telegraph is repeatedly and maliciously committed in any
place, and that the employment of an additional police force in that place
is thereby rendered necessary, the State Government may send such
additional police force as it thinks fit to the place, and employ the same
therein so long as, in the opinion of that Government, the necessity of
doing so continues.
(2) The inhabitants of the place shall be charged with the cost of the
additional police force, and the District Magistrate shall, subject to the
orders of the State Government, assess the proportion in which the cost
shall be paid by the inhabitants according to his judgment of their
respective means.
(3) All moneys payable under sub-section (2) shall be recoverable
either under the warrant of a Magistrate by distress and sale of the
movable property of the defaulter within the local limits 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 this section.
[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, sub-section (1), and section 17, subsections
(2) and (3), for the words ‘Magistrate of the first or second class’
in section 18, sub-section (1), [and section 19A, sub-section (2),] and for
the word ‘Magistrate’ in section 18 sub-section (2), there had been
enacted the words ‘Commissioner of Police’, and for the ‘District Judge’ in
section 16, sub-sections (3), (4) and (5), the words ‘Chief Judge of the
Court of Small Causes’.
33[(2) Omitted].
(3) The fee in respect of an application to the Chief Judge of a
Presidency Court of Small Causes under sub-section (3) of section 16
shall be the same as would be payable under the Court-fees Act, 1870 (7
of 1870), in respect of such an application to a District Judge beyond the
limits of a Presidency-town, and fees for summonses and other processes
in proceedings before the Chief Judge under sub-section (3) or subsection
(4) of that section shall be payable according to the scale set forth
in the Fourth Schedule to the Presidency Small Causes Courts Act, 1882.
35. Reference to certain laws of Part B States.—[Repealed by Part
B States (Laws) Act, 1951 (Act 3 of 1951), section 3 and Schedule.]
33 Omitted by the A.O. 1937.
52
