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A backgrounder The Indian Telegraph Act was passed
by the Legislature in 1885 and it came into force
on 1st October, 1885. It extended to the whole
of India but by the A.0. 1950 its extension to
the State of Hyderabad was withdrawn by inserting
the words "except the State of Hyderabad".
Later
by section 3 and schedule of the Part B State
(Laws) Act, 1951 (3 of 1951) the words "except
the State of Hyderabad" were omitted and now it
extends to the whole of India. By the definition
given in the Act "Telegraph" means any appliance,
instrument, material or apparatus used or capable
of use for transmission or reception of signs,
signals, writing, writing, images and sounds or
intelligence of any nature by wire, visual or
other electric-magnetic emissions, radio waves
or Hertzian waves, galvanic, electric or magnetic
means. 'Telegraph' which expression by the definition
would include a telephone and FAX also. A video
and Television both fall with in the definition
of "telegraph". A telegraph wireless receiving
station is a "telegraph" as defined in the Act.
LIST
OF AMENDING ACTS AND AD0PTATION ORDERS 1 Act
1 1 of 1888
2.
Act 7 of 1914 3. Act 14 of 1914 4. Act 27
of 1930 5. A.0. 1937 6. Act 45 of 1948 7.
A.0. 1950 8. The Part B States (Laws) Act, 1951
(3 of 1951) 9. The Indian Telegraph (Amendment)
Act, 1957 (47 of 1957) 10. The Telegraph Laws
(Amendment) Act, 1961 (15 of 1961) 11. The Indian
Telegraph (Amendment) Act, 1971 (33 of 1971)
12. The Indian Telegraph (Amendment) Act, 1972
(38 of 1972) 13. The Indian Telegraph (Amendment)
Act, 1974 (48 of 1974)
THE
INDIAN TELEGRAPH ACT, 1885 (13 of 1885) [22ndJuly,
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
orintelligence of any nature bywire, visual or
other electro-mangnetic emissions, Radio waves
or Hertzian waves, galvanic, electric or magnetic
means;
Explanation:
"Radiowaves" or "Hertzianwaves" means clectro
magnetic 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 inconnection
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 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 aboveground 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 commissionrs or other
authority legally entilled to, or entrusted by
[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: (1) Within 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
India:
Provided
further that the Central Government may, by rules
inade 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 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 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 establishes, 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 he 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 he 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. 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 (l),
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 reactors 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, a lid the other conditions
and restrictions subject to which, messages shall
he 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 or apparatus
for telegraphic communication shall he 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,
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 wherunder such rights
and obligations attach by virtue of rules made
under this section;
(h)
the time at which, the manner in which, the conditions
under which and the persons by whom the rates,
charges and fees mentioned in this sub-section
shall be paid and the furnishing of security for
the payment of such rates, charges and fees;
(i) the payment of compensation to the Central
Government for any loss incurred in connection
with the provision of any telegraph line, appliance
or apparatus for the benefit of any person-
(a)
where the line, appliance or apparatus is, after
it has been connected for use, given up by that
person before the expiration of the period fixed
by these rules, or (b) where the work done for
the purpose of providing the line, appliance,
or apparatus is, before it is connected for use,
rendered abortive by some act or omission on the
part of that person;
(j)
the principles according to which and the authority
by whom the compensation referred to in clause
(i) shall be assessed; (jj) the qualifications
to be possessed and the examinations, if any,
to be passed by the persons employed for the establishment,
maintenance or working of any telegraph and the
fees to be charged for admission to such examinations;
and
(k)
any other matter for which provision is necessary
for the proper and efficient conduct of all or
any telegraphs under this Act. (3) When making
rules for the conductor 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 all 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 he 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 three 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 the 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 authorise the making
of any rules determining any agreement entered
into by the Central Goveminent 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
forwhose benefit the line, appliance orapparatus
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 of 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 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.
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 fight 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 condition: 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 he 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 a try other thing connected with
or relative to any work undertaken by the telegraph
authroity under those powers. 13. Power for local
authority to require removal or alteration of
telegraph line or posts: 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 he removed or that its position
should be altered, the local authority may require
the telegraph authroity 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 (it not being a main drain). Provided
that: (a) When the telegraph authroity desires
to alter the position of any such pipe or drain,
it shall give reasonable notice of its intention
to do so, specifying the time at which it will
begin to do so, to the local authority, and, when
the pipe or drain is not under the control of
the local authority, to the person under whose
control the pipe or drain is; (b) a local authority
or person receiving notice under clause (a) may
send a person to superintend the work, and the
telegraph authority shall execute the work to
the reasonable satisfaction of the person so sent.
15. Disputes between telegraph authority and local
authority: (1) If any dispute arises between the
telegraph authority and a local authority in consequence
of the local authority refusing the permission
referred to in section 10, clause (c), or prescribing
any condition under section 12, or in consequence
of the telegraph authority omitting to comply
with a requisition made under section 13, or otherwise
in respect of the exercise of the powers conferred
by this Act, it shall be determined by such officer
as the Central Government may appoint other general,
or specially in this behalf. (2) An appeal from
the determination of the officer so appointed
shall lie to the Central Government; and the order
of the Central Government shall he final. Provisions
applicable to other property 16. Exercise of
powers conferred by section 10, and disputes as
to competisation, 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
has 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
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 situated
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 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. 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 I[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. 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 telegraph authority, or to any
telegraph officer who in 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 lake
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 bonafide, 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 fight 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 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 he 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
19A(1) PART IV PENALTIES 20. Establishing,
maintaining or working unauthorised telegraph:
(1) If any person establishes, maintains or works
a telegraph within 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, he bailable and non-cognizable.
(3) When any person is convicted of all 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. 20A. Breach of condition of license:
If the holder of a license granted under section
4 contravenes any condition contained in his license,
he shall be punished with fine which may extend
to one thousand rupees, and with a further fine
which may extend to five hundred rupees for every
week during which the breach of the condition
continues. 21. Using unauthorised telegraphs:
lf 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: lf 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 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. 29A. Penalty: If any person, without
due authority,- (a) makes or issues any document
of a nature reasonably calculated to cause it
to be believed that the document has been issued
by, or under the authority of, the Director-General
of Posts and Telegraphs, or (b) makes on any document
any mark in imitation of, or similar to, or purporting
to be, any stamp or mark of any telegraph office
under the Director-General of Posts and Telegraphs,
or a mark of a nature reasonably calculated to
cause it to be believed thatthe document so marked
has been issued, by or under the authority of,
the Director-General of Posts and Telegraphs,
he shall he punished with fine which may extend
to fifty rupees. 30. Retaining a message delivered
by mistake: If any person fraudulently retains,
or wilfully secrets, 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 terms 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 he punished with the punishment herein provided
for the offence. PART V SUPPLEMENTAL PROVISION
33. Power to employ additional police in places
where mischief to telegraphs is repeatedly committed:
(1) Whenever it appears to the State Government
that any act causing or likely to cause wrongful
damage to any telegraph is repeatedly and maliciously
committed in any place, and that the employment
of an additional police-force in that place is
thereby rendered necessary, the State Government
it may send such additional police-force as it
thinks fit to the place, and enploy the same therein
so long as, in the opinion of that Goverrnent,
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 he recoverable either under the warrant
of a Magistrate by distress and sale of the movable
properly 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. 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), and section 19A, sub-section (2) and forthe
words "Magistrate" in section 18, sub-section(2),
there had been enacted the word "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".
(2) 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 he 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). 35. Reference
to certain laws of Part B States: [Rep. by Part
B States (Laws) Act, 1951 (3 of 1951), sec. 3
and Sch.]
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