86540
Lawyers Network
103860
Users
630
Cities Serving
114
Law Schools Network
59824
TELEGRAPH ACT, 1885
13 of 1885
22nd July, 1885
An Act to amend the law relating to Telegraphs in India WHEREAS it is expedient to amend th law relating to telegraphs in India; It is hereby enacted as follows:-
SECTION 01: SHORT TITLE, LOCAL EXTENT AND COMMENCEMENT
(1) This Act may be called the Indian Telegraph Act, 1885.
1[(2) It extends to the whole of India2[* * *].]
(3) It shall come into force on the first day of October, 1885.
SECTION 02: REPEAL AND SAVINGS
[Rep. by the Repeating Act, 1938 (1 of 1938). Sec. 2 and Sch.]
SECTION 03: DEFINITIONS
-In this Act, unless there is something repugnant in the subject or context,-
3[(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 electromagnetic waves of frequencies lower than 3,000 giga-cycles per sound 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 worded by4[the Central Government] or by a person licensed under this Act;
(3) "message" means any communication sent by telegraph, or given to a 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, suspecting or supporting a telegraph line;
(6) "telegraph authority" means the Director-General of5[Post 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 authority legally entitled to, or entrusted by6[the Central or any State Government] with, the control or management of any municipal or local fund.3[* * *]
SECTION 04: EXCLUSIVE PRIVILEGE IN RESPECT OF TELEGRAPHS, AND POWER TO GRANT LICENCES
8[(1)] Within 9[India], the Central Government shall have the exclusive privilege of establishment, maintaining and working telegraphs: Provided that the Central Government may grant a licence, 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 of9[India]:10[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 telegraph on ships within Indian territorial waters11[and on aircraft within or above 9[India], or Indian territorial waters], and
(b) of telegraphs other than wireless telegraphs within any part of 9[India].
12[(2) The Central Government may, by notification in the Official Gazette, delegate to the telegraph authority all or any of 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.] COMMENTARY
Telecasting-Telegraph Act, 1885--Licence.-- Neither CAB nor BCCI even applied for a licence under the first proviso of subsection (1) of Section 4 of the Telegraph Act-. The permission obtained from other departments viz., Ministry of Human Resources, VSNL, Ministry of Home Affairs, Ministry of Finance or the Central Board of Excise and Customs cannot take the place of licence under Section 4 (1)-.13Television and Radio media vis -a-vis Telegraph Act.-A look at the scheme and provisions of the Indian Telegraph Act, 1885 would disclose that it was meant for a different purpose altogether. When it was enacted, there was neither radio nor of course television, though it may be that radio or television fall within the definition of 'telegraph' in Section 3 (1)-. Except Section 4-, and the definition of the expression 'telegraph' no other provision of the Act appears to be relevant to broadcasting media. Telegraph Act of 1885, which is wholly inadequate and unsuited to an important medium like radio and television, i.e., broadcasting media, in the interest of freedom of speech and expression guaranteed by Article 19 (1) (a) and with a view to avoid confusion, uncertainty and consequent litigation that Parliament steps in soon to fill the void by enacting a law or laws, as the case may be, governing broadcasting media, i.e., both radio and television media.14
SECTION 05: 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 authorised 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 detained, or shall be disclosed to the Government making the order or an officer thereof mentioned in the order :
Provided that the press messages intended to be published in India or 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.]
SECTION 06: 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.
SECTION 06A: POWER TO NOTIFY RATES FOR TRANSMISSION OF MESSAGES TO COUNTRIES OUTSIDE INDIA
16[(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 out side 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.]
SECTION 07: 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 worded 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 such messages shall be transmitted17[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;
18[(e) the conditions and restrictions subject to which any telegraph line, appliance or apparatus for telegraphic communication shall be established, maintained, worked, repaired, transferred, shifted, withdrawn or disconnected;]
19[(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, appliances 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 which, the manner in which, the conditions under which and the persons by whom the rates, charges and fees mentioned in this subjection 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[(jj) the qualification 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 worded 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).
21[(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.
22[(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 days23[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 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]].
SECTION 07A: 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, 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.
SECTION 07B: 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].
SECTION 08: REVOCATION OF LICENCES
-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.
SECTION 09: GOVERNMENT NOT RESPONSIBLE FOR LOSS OR DAMAGE
The25[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.
SECTION 10: POWER FOR TELEGRAPH AUTHORITY TO PLACE AND MAINTAIN TELEGRAPH LINES AND POSTS
The telegraph authority may, from time to time, place and maintain in 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 the26[Central Government], or to be so established or maintained;
(b) the26[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.
SECTION 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
SECTION 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.
SECTION 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, 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.
SECTION 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 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 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.
SECTION 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 the27[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 the27[Central Government]; and the order of the27 [Central Government shall be final. Provisions applicable to other property
SECTION 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 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 subjection (1), any person resists the exercise of those powers, or, having control over the property, does not give all facilities for their being exercised, he shall be deemed to have committed an offence under Section 188 of the Indian Penal code, 1860-(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 person 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 he disputing parties have in writing admitted the amount tendered to be sufficient or the amount has been determined under sub-section (3), the 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 sub-section (3), or subjection (4) shall be final: Provided that nothing in this subjection 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.
SECTION 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 from, he may require the telegraph authority to remove or alter the line of 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 situate to order the removal or alteration.
(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 a higher or lower level or for the alteration of its form; and the order so made shall be final. Provisions applicable to all property
SECTION 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 award shall be final.
SECTION 19: TELEGRAPH LINES AND POSTS PLACED BEFORE THE 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 the28[Central Government], shall be deemed to have been placed in exercise of the powers conferred by, and after observance of all the requirements of, this Act.
SECTION 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 communications, shall give not less than one month's notice in writing of the intended exercise of such right to the telegraphic authority, or to any telegraph officer whom the telegraph authority may empower in this behalf.
(2) If any such person without having complied with the 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.
(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 or officer specified in the said sub-section.
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 licensee and subject to any conditions and restrictions with 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. 19-A-shall always be given to the telegraph authority or officer empowered to receive notice under Section 19-A-(1).]
SECTION 20: ESTABLISHING, MAINTAINING OR WORKING UNAUTHORISED TELEGRAPH
(1) If any person establishes, maintains or works a telegraph within31[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 (2 of 1974),-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, he forfeited to Government.]
SECTION 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.]
SECTION 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.
SECTION 22: OPPOSING ESTABLISHMENT OF TELEGRAPH 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 ma
86540
103860
630
114
59824