INDIAN
TELEGRAPH ACT, 1885
[13 of 1885,
dt. 22nd. July, 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.
1[(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 saving
[Rep. by
the Repealing Act, 1938]
3. 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 worked by 4[the Central Government] or by a person
licensed under this Act;
(3) "message"
means any communications 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, suspending or supporting a telegraph
line;
(6)
"telegraph authority" means the Director General of
5[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 4[the Central or any State Government] with,
the control or 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 licences
6[(1) Within 1[India], the Central
Government shall have the exclusive privilege of establishing,
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 of
1[India]:
7[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
8[and on aircraft within or above 1[India], or
Indian territorial waters], and
(b) of
telegraphs other than wireless telegraphs within any part of
1[India].
7[(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.]
Comment: The permissions granted by other
departments are no substitute for the licence under the proviso to
Section 4(1). Secretary, Ministry of Information and Broad-casting,
Govt. of India v. Cricket Association of
Bengal AIR 1995 SUPREME COURT 1236
9[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 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 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.
10[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 message 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 rate
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 10[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;
11[(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;]
12[(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 operator 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
at which, the manner in which, the conditions under which and the
person by whom the rates, charges and fee 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;
13[(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 operation is necessary for the proper and efficient
conduct of all or any telegraph 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).
11[(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.
13[(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
14[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]].
11[7A. Saving of existing
agreements
Nothing in
section 7 shall authorised 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.
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 licence 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
15[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 16[Central Government], or to be so
established or maintained;
(b) the
16[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 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
17[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
17[Central Government]; and the order of the
17[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
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 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 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 sub-section
(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 1ine 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 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
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
ways 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.
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 the 16[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.
18[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 months
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 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 give
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.
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
19[20. Establishing, maintaining or
working unauthorised telegraph
(1) If any
person establishes, maintains or works a telegraph within
1[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.]
7[20A. Breach of condition of
licence
If the holder
of a licence granted under section 4 contravenes any condition
contained in his licence, 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 signal-room 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 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
(c) to commit
mischief,
damages,
removes, tampers with or touches any battery, machinery, telegraph
lines, 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.
7[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
secretes, 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 20[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 16[Central Government], or by a
person licensed under this Act, as the case may be, has not been
paid, intending thereby to defraud the 20[Central
Government] or that person, 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.
[Omitted by Act 33 of 1971,
w.e.f. 10-8-1971]
7[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 5[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 7[Posts and Telegraphs], or a mark of
a nature reasonably calculated to cause it to be believed that the
document so marked has been issued, by or under the authority of,
the Director-General of 7[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 or 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, 1860
(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.
PART V : SUPPLEMENTAL PROVISIONS
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, 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.
21[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, sub-sections (2) and (3), for the words "Magistrate of
the first or second class" in section 18, sub-section (1),
7[and section 19A, sub- section (2)] and for the words
"Magistrate" in section 18, sub-section (2), there had been enacted
the words "Commissioner of Police" and for the words "District
Judge" in section 16, sub-sections (3), (4) and (5), the words
"Chief Judge of the Court of Small Causes".
22[* * *]
(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 sub-section (4) of that section shall be payable according to
the scale set forth in the Fourth Schedule to the Presidency Small
Cause Courts Act, 1882 (15 of 1882).]
23[35 Reference to certain laws of
Part B States
[Rep. by
Part B States (Laws) Act, 1951]
Foot Notes
1 Substituted
by Act No. 45 of 1948.
2 The words
"except the State of Hyderabad" inserted by the AO 1950, omitted by
Act No. 3 of 1951.
3 Substituted
by Act No. 15 of 1961, w.e.f. 2nd. May, 1961.
4 Substituted
for the words "the Government" by AO 1937.
5 Substituted
for the word "Telegraphs" by Act No.14 of 1914.
6 Section 4
renumbered as sub-section (1) by Act No. 7 of 1914.
7 Inserted by
Act No. 7 of 1914.
8 Inserted by
Act No. 27 of 1930.
9 Substituted
by Act No. 38 of 1972, w.e.f. 21st. August, 1972.
10 Inserted
by Act No. 33 of 1971, w.e.f. 10th. August, 1971.
11 Inserted
by Act No. 47 of 1957, w.e.f. 1st. July, 1959.
12 Inserted
by Act No. 48 of 1974, w.e.f. 1st. June, 1975.
13 Inserted
by Act No. 15 of 1961, w.e.f. 2nd. May, 1961.
14
Substituted by Act No. 48 of 1974, w.e.f. 1st. June, 1975.
15
Substituted by the AO 1950, for the word "Crown" which had earlier
been substituted by the AO 1937 for the words "Secretary of State
for Indian in Council".
16
Substituted for the word "Government" by the AO 1937.
17
Substituted by AO 1937, for the word "LG".
18 Sections
19A and 19B inserted by Act No. 7 of 1914.
19
Substituted by Act No. 7 of 1914.
20
Substituted by AO 1937, for the words "for the Governor General in
Council"
21 Inserted
by Act No. 11 of 1888.
22
Sub-section (2) omitted by the AO 1937.
23
Substituted by AO 1950, for the former section which had been
inserted by Act No. 45 of 1948.