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No. 13 of 1885
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.]
(3) It shall
come into force on the first day of October, 1885.
2. Repeal and savings. [Rep. By the Repealing
Act, 1938 (1 of 1938,) sec.2 and Sch.]
3. Definitions. – in this Act,
unless there is something repugnant in the subject
or context, -
[(1) "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 electro-magnetic waves
of frequencies lower than 3,000 giga-cycles per second
propagated in space without artificial guide;]
(2) "telegraph officer" means
any person employed either permanently or temporarily
in connection with a telegraph established, maintained
or worked by [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 [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
commissioner 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.
(1) Within [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 [India]:
[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-
(a) of wireless telegraphs
on ships within Indian territorial waters [and on aircraft
within or above [India], or Indian territorial waters],
and
(b) of telegraphs other
than wireless telegraphs within any part of [India].
(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.]
[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 authorized
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 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 lank of the Company,
and shall give every reasonable facility for working
the same.
[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 [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;
d. the
fees to be charged for searching for telegrams or other
documents in the custody of any telegraph officer;
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;
[(ee) the charges in
respect of any application for providing any telegraph
line, appliance or apparatus;]
f. the
charges in respect of –
i) the establishment,
maintenance, working, repair, transfer or shifting
of any telegraph line, appliance or apparatus;
ii) the services of
operators operating such line, appliance or apparatus;
g. the
matters in connection with the transition from a system
where under rights and obligations relating to the
establishment, maintenance, working repair, transfer
of shifting of any telegraph line, appliance or apparatus
for telegraphic communication attach by virtue of any
agreement to a system where under 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 clause (i) shall
be assessed;
[(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 charges 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.
[(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
[which may be comprised in one session or in two or
more successive sessions, and it, 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 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.]]
[7A. Saving of existing
agreements – Nothing in section 7 shall
authorize 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 there
under relating to such establishment, maintenance
or working hall 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 there under.
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.
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 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, witho
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