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TELEGRAPH WIRES (UNLAWFUL POSSESSION) ACT, 1950
74 of 1950
28th December, 1950
An Act to regulate the possession of telegraph wires and to provide for the punishment of the offence of unlawful possession thereof. BE it enacted by Parliament as follows:-
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called THE TELEGRAPH WIRES (UNLAWFUL POSSESSION) ACT, 1950-.
(2) It extends to the whole of India.
(3) It shall come into force in any State on such date2as the Central Government may, by notification in the Official Gazette, appoint for such State, and different dates may be appointed for different States.
SECTION 02: DEFINITIONS
In this Act,-
(a) "prescribed" means prescribed by rules made under this Act;
3[(b) "telegraph wire" means any copper wire the diameter of which in millimetres, is-
(i) not less than 2.43 and not more than 2.53; or
(ii) not less than 2.77 and not more than 2.87; or (iii) not less than 3.42 and not more than 3.52.]
SECTION 03: DUTY TO DECLARE POSSESSION OF TELEGRAPH WIRES
Every person in pos- session of telegraph wires shall, within-six months from the commencement of this Act, make a declaration in writing, in such form and to such authority .is may be prescribed, slating the quantity of telegraph wires in his possession.
SECTION 04: DUTY TO HAVE TELEGRAPH WIRES CONVERTED OR SOLD
Every person in possession of telegraph wires which exceed ten pounds in weight shall, with- in one year from the commencement of this Act, have the whole of the quantity as is in excess of ten pounds converted into ingots: Provided that it. shall be open to any such person to sell the whole or any part of the telegraph wires in his possession at such price and to such authority as may be prescribed.
SECTION 04A: PROHIBITION OF SALE OR PURCHASE OF TELEGRAPH WIRES
No person shall, after the commencement of the Telegraph Wires (Unlawful Possession) Amendment Act, 1953, sell or purchase any quantity of telegraph wires except with the permission of such authority as may be prescribed.]
SECTION 05: PENALTY FOR UNLAWFUL POSSESSION OF TELEGRAPH WIRES
Whoever is found or is proved to have been in possession of any quantity of telegraph wires shall unless he proves that the telegraph wires came into his possession lawfully, be punishable,-
6[(a) for the first offence, with imprisonment for a term which may ex- tend to five years, or with fine, or with both, and, in the absence of special and adequate reasons to be recorded in the judgment of the Court, the term of such imprisonment shall not be less than one year and such fine shall not be less than one thousand rupees;]
(b) for the second or a subsequent offence, with imprisonment for a term which may extend to five years and also with fine and in the absence of special and adequate reasons7[to be recorded in the judgment of the Court, the term of such imprisonment] shall not be less than two years and such fine shall not be less than two thousand rupees: Provided that where a person has made a declaration under section 3-in relation to any quantity of telegraph wires, the burden of proving, in respect of the quantity so declared that it came into his possession lawfully, shall not be on such person.]
SECTION 06: PENALTY FOR CONTRAVENTION OF PROVISIONS OF SECTION 3 OR SECTION 4
Any person who fails to make a declaration as required by section 3-or a[contravenes the provisions of section 4-orsection 4A-] shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.
SECTION 06A: POWERS OF SEARCH AND SEIZURE
(1) A police officer not below the rank of a sub-inspector may seize, or search any place and seize:-
(i) any telegraph wire;
(ii) any conveyance or animal used for the transport of such telegraph wire, if a reasonable suspicion exists that any provision of this Act has been, or is being, or is about to be, contravened in respect of such telegraph wire.
(2) The provisions of the Code of Criminal Procedure, 1973-, relating to searches and seizures shall, so far as may be, apply to searches and seizures made under this section.
SECTION 06B: CONFISCATION OF TELEGRAPH WIRES, CONVEYANCES, ETC
Where any person has been convicted for the contravention of any of the provisions of this Act, the telegraph wires in relation to which the contravention has been made, and any conveyance, or animal used for the transport of such telegraph wires, shall be liable to confiscation by the Court unless the owner of the conveyance or animal proves that it was so used without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the conveyance or animal and that each of them had taken all reasonable precautions against such use: Provided that where any such conveyance or animal is used for the transport of goods or passengers for hire, the owner of the conveyance or animal shall be given an option to pay in lieu of the confiscation of the conveyance or animal, a fife not exceeding the market price of the conveyance or animal on the date of seizure thereof or the value of the telegraph wires in relation to which the contravention has been made, whichever is less: Provided further that any telegraph wires, so seized and confiscated shall be handed over by the Court to such authority as may be specified by the Central Government.]
SECTION 07: COGNIZANCE OF OFFENCES
9[(1) No Court shall take cognizance of any offence punishable under this Art, except on a report in writing of the facts constituting such offence made by a person who is a public servant within the meaning of section 21 of the Indian Penal Code -.]
(2) No Court inferior to that of a presidency Magistrate or a Magistrate of the first class shall try any offence punishable under this Act.
SECTION 08: POWER TO MAKE RULES
(1) The Central Government may, by notification in the Official Gazette, make rules10to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) the form in which, and the authorities to which, declarations under section 3 -may be made;
(b) the authorities to which, and the prices at which, telegraph wires may be sold under section 4 -.
11[(3) 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 session12[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 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.]
TELEGRAPH WIRES (UNLAWFUL POSSESSION) RULES, 1951
12-3-1951
Noti. No. N.M. 30-4/50, dated 12-3-1951.-In exercise of the powers conferred by Section 8 of the Telegraph Wires (Unlawful Possession) Act, 1950 (74 of 1950), the Central Government hereby make the following Rules :-
RULE 01: SHORT TITLE
-These rules may be called the "Rules for the Prevention of Unlawful Possession of Telegraph Wires."
RULE 02: DEFINITIONS
-In these Rules, unless the context otherwise requires :-
(a) "Act" means the Telegraph Wires (Unlawful Possession) Act, (74 of 1950)-.
(b) "Department" means the Indian Posts and Telegraphs Department. (c) "Divisional Engineer" means any of the Divisional
Engineers of the Department, incharge of Telegraph or Telephone Divisions at stations specified in Appendix 'B' of the Rules.
(d) "Declared" means a person in possession to Telegraph Wires and who makes a declaration in writing as required by Rule 3-of these Rules.
RULE 03.
A declaration under Section 3-of the Act shall be in the form shown in Appendix 'A'. The form should be sent by Registered Post (Acknowledgment Due) to the Divisional Engineer of the station nearest to his place of residence or business.
RULE 4 .
The Divisional Engineer may, if he thinks fit, on receipt of the declaration form, arrange for inspection of the declared stocks.
RULE 5 .
The price at which and the authority to whom wires may be sold.-For the purposes of the proviso to Section 4-, every Divisional Engineer shall be the authority to whom wires may be sold by a Declarer and the price at which it may be sold shall be Rs. 110 per cent.
TELEGRAPH WIRES (PERMISSION FOR SALE AND PURCHASE) RULES, 1954
In exercise of the powers conferred by Section 8 of the Telegraph Wires (Unlawful Possession) Act, 1950 (74 of 1950), the Central Government hereby make the following rules, namely :-
RULE 1 SHORT TITLE
-These Rules may be called the Telegraph Wires (Permission for Sale and Purchase) Rules, 1954.
RULE 2 DEFINITIONS
-In these Rules-
(a) "Department" means the Indian Post and Telegraph Department ;
(b) "the authority" means the authority referred to in Rule 3-.
RULE 3 Authority to grant permission for sale or purchase of Telegraph Wires
(1) Each of the officers of the Department specified in Appendix 'A' of these Rules shall be the authority to grant permission for the sale or purchase of telegraph wires.
(2) Every such permission shall be in writing and shall be in the form given in Appendix 'B' of these Rules.
RULE 04: AUTHORITY TO BE SATISFIED ABOUT THE LAWFUL POSSESSION OF TELEGRAPH WIRES
-No permission for the sale or purchase of any telegraph wires shall be granted unless the authority is satisfied that such telegraph wires came into the seller's possession lawfully.
WIRELESS TELEGRAPHY (COMMERCIAL RADIO PERATOR'S CERTIFICATE PROFICIENCY AND LICENCE
TO COPERATE GLOBAL MARITIME DISTRESS AND SAFETY SYSTEM) RULES, 1994
20-12-1994
G.S.R. 42, dated 20-12-1994.-In exercise of the powers conferred by Section 7 of the Indian Telegraph Act, 1985, the Central Government hereby makes the following rules, namely :-
RULE 01: SHORT TITLE AND COMMENCEMENT
-(1) These rules may be called the Indian Wireless Telegraphy (Commercial Radio Operator's Certificate Proficiency and Licence to Operate Global Maritime Distress and Safety System) Rules, 1994. (2) They shall come into force from the date of their publication in the Official Gazette.2
RULE 02: DEFINITIONS
-Unless the context otherwise requires, in these rules-
(a) "Convention" means the convention of the International Telecommunication Union.
(b) "Radio telegraphy" include Radio telephony.
RULE 03: CATEGORIES OF CERTIFICATES AND LICENCES
-On the result of an examination which may, from time to time be held by it or by an officer empowered by it in this behalf, the Central Government may grant (in accordance with the terms of the Convention) the following categories of the Certificate and Licence to operate Global Maritime Distress and Safety System, namely :-
(i) First Class Radio Electronic Certificate and Licence ;
(ii) Second Class Radio Electronic Certificate and Licence ;
(iii) General Operator's Certificate and Licence ;
(iv) Restricted Operator's Certificate and Licence.
RULE 04: ELIGIBILITY FOR ADMISSION TO THE EXAMINATION AND LICENCE
-No person shall be eligible for admission to an examination held under these rules for grant of a certificate unless such person is-
(i) a Citizen of India,
(ii) above the age of eighteen years on the date specified from time to time by this Ministry,
(iii) has passed all India senior secondary school certificate examination or an equivalent examination conducted by a recognized Board/University with Mathematics and Physics as optional subjects.
RULE 05: APPLICATION
-An application for admission to an examination specified in Rule 3-above, shall be made to the Central Government or to an officer empowered by it, in this behalf, in the form prescribed by the Government from time to time, together with all the subsidiary forms and documents duly filled in and completed in all respect.
RULE 06: FEE FOR AN EXAMINATION
-A candidate for admission to an examination for the grant of certificates specified inRule 3-shall pay fees in the following scale.
(i) First Class REC and Second Class REC : Rs.
(a) Part -I 250.00
(b) Part-II and/or Part -III 250.00
(ii) General and Restricted operator certificates Part II and/or Part-III 250.00
(iii) Conversion examination from ROGC and SND Class COP 250.00
(iv) Re-examination for the renewal of certificate to operate endorsed in the certificate 250.00 (Fee for an examination specified above is subject to revision by Central Government from time to time.)
RULE 07: EXAMINATION
(1) The examination for the award of GMDSS certificate in Radio telephony shall be held in accordance with the terms of the convention and in the manner determined, from time to time, by the Central Government who shall notify the place at which and the date on which such an examination shall be held.
(2) Any person admitted to the examination and found guilty of impersonation of submitting fabricated documents which have been tempered with or making statements which are incorrect or false or suppressing material information or otherwise resorting to any other irregular or improper means for obtaining admissions to the examination may, in addition to rendering him/herself liable to criminal prosecution, be debarred either permanently or for a specified period from appearing in any of the examination held for the award of GMDSS certificates of Radio telephony awarded under Rule 3-:
Provided that order under this rule shall not be made unless the person has been given a reasonable opportunity of making a representation against the action proposed to be taken.
RULE 08: SECRECY
-Every holder of the certificate shall observe secrecy of the correspondence. A declaration to this effect shall be made by him/her in the application for admission to the examination.
RULE 09: VALIDITY OF LICENCES
(1) Licence to operate shall be valid for a period specified by the Central Government, but it shall in no case, be less than three years or more than five years from the date of declaration of result of the examination: Provided that on the expiry of the initial period of the validity of licence, it may be renewed for a period of three years at a time if the holder applies for it before the date of expiry of licence except as provided in Rule 10(2)-but not earlier than three months prior to that date, and
(i) pays a fee of Rs. 200.
(ii) has a total experience of not less than 3 months within 3 years immediately preceding the date of expiry of a licence, or
(iii) satisfies the Central Government by re -examination or otherwise that he still possesses all of the qualifications specified in his certificate,
(2) If the holder of a licence, in the opinion of the Central Government has wilfully or negligently provided incorrect or false information for the propose of re-validation of the licence, the Central Government may endorse, suspend or cancel the licence:
Provided that no order to suspend or cancel the licence under this rule shall be made unless the person concerned has been given a reasonable opportunity of making a representation against the action proposed to be taken.
Explanation.-For the purpose of this rule, the expression "experience" means the experience gained at a mobile station in the Maritime or Aeronautical Mobile Service using GMDSS.
RULE 10: ISSUE OF DUPLICATE OR REPLACEMENT CERTIFICATE AND LICENCES
(1) A holder whose certificate or licence has been lost, mutilated or destroyed shall immediately notify the loss to the Central Government. A properly executed application for duplicate certificate shall be made to the Central Government embodying a statement of the circumstances involved in the loss, mutilation or destruction of the certificate or licence for which a duplicate is required. If the certificate or licence has been lost, the applicant must state that reasonable search has been made for it and further, that in the event it be found, either the original or the duplicate shall be returned for cancellation.
(2) The Central Government may issue duplicate copies of any certificate or licence on the payment of the charges as follows :- Rs.
(i) Issue of Dulicate 200.00
(ii) Issue of Dublicate Renewal slip 100.00
RULE 11: DISCIPLINE OF OPERATORS
(1) If in the opinion of the Central Government the holder of the certificate or licence has wilfully or negligently failed to comply with the provisions of the conventions, or of these rules or of any regulations lawfully applicable to him/her in respect of operation of Radio Apparatus the Central Government may endorse, suspend or cancel the certificate.
(2) The Central Government may at any time require the holder of a certificate of proficiency to produce the same and the holder shall comply with such requisition.
(3) The Central Government may at any time require the holder of a certificate of proficiency or licence to be re-examined in order to test his knowledge and ability and may as a result of such examination, endorse, suspend or cancel the licence. No fee shall be chargeable for such examination:
Provided that the Central Government may modify, vary, cancel or revoke any of the conditions governing the issue of GMDSS certificate in Radio Telephony either by specified notice in writing to the holder or by a general notice published in the official Gazette or newspaper in New Delhi.
RULE 12: ADMISSION AND AWARD OF CERTIFICATE IN RADIO TELEPHONY (GMDSS)
-Notwithstanding anything contained it these Rules, the Central Government may, subject to such conditions as it may impose from time to time:-
(i) admit a person, who is not a citizen of India to examination held under these rules, and
(ii) award him/her a certificate in Radio telephony (GMDSS).
RULE 13: RECOGNITION OF CERTIFICATES ISSUED BY OTHER COUNTRIES
-The Central Government may recognize, subject to any conditions it may prescribe from time to time, certificate of Radio telephony (GMDSS) issued by a competent authority in any other country as a certificate of proficiency of the same class issued by it.
RULE 14: RESULTS OF THE EXAMINATIONS
(1) The result of each candidate who has qualified in the examination would be forwarded to him/her as soon as possible after publication of the result.
(2) No request for revaluation or re-scrutiny of any paper would be entertained.
RULE 15: CONVERSION EXAMINATION FOR AWARD OR RADIO TELEPHONY CERTIFICATE (GMDSS). --
Any person, who had passed the ROGC or COP (Second Class examinations or was granted ROGC or COP SND licence or certificate or any such licence/certificate was renewed shall be required to pass examination for conversion to appropriate certificate in Radio Telephony (GMDSS).
RULE 16: LANGUAGE
-The language of the examination shall be English.
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