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Provisions applicable to Property vested in or under the Control or Management of
Local Authorities. Sections. 12. Power for local authority to give
permission under section 10, clause
(c), subject to conditions. 13. Power for local authority to require
removal or alteration of telegraph
line or post. 14. Power to alter position of gas or
water pipes or drains. 15. Disputes between telegraph autho
rity and local authority. Provisions applicable to other Property. 16. Exercise of powers conferred by sec.
tion 10, and disputes as to compen. sation, in case of property other
than that of a local authority. 17. Removal or alteration of telegraph
line or post on property other than
that of a local authority. Provisions applicable to all Property.' 18. Removal of trees interrupting tele
graphic communication. 19. Telegraph lines and posts placed
before the passing of this Act.
21. Using such telegraphs.
on railway land.
in telegraph office or obstruction. 24. Unlawfully attempting to learn con
tents of messages. 25. Intentionally damaging or tampering
with telegraphs. 26. Telegraph officer or other official
making away with or altering, or unlawfully intercepting or disclosing, messages, or divulging purport
of signals. 27. Telegraph officer fraudulently sending
messages without payment.
PENALTIES. 20. Establishing, maintaining or working
unlicensed telegraph or breaking condition of license.
PART V. SUPPLEMENTAL PROVISION. 33. Power to employ additional police in
places where mischief to telegraphs is repeatedly committed..
An Act to amend the law relating to Telegraphs in India. WAEREAs it is expedient to amend the law relating to telegraphs in India ; It is hereby enacted as follows:
Short title, local extent and 1. (1) This Act may be called the Indian commencement.
Telegraph Act, 1885. (2) It extends to the whole of British India, and, so far as regards subjects of Her Majesty, to the dominions of Princes and States in India in alliance with Her Majesty; and
Act XIII. is extended to the Residency and Civil Station of Kolhapur. See G. G. 1887 p. 931.
(3) It shall come into force on the first day of October, 1885.
2. The Indian Telegraph Act, 1876, is Repeal and savings.
hereby repealed. But all licenses granted and rules made under that Act or any Act thereby repealed, and now in force, shall, so far as they could be granted or made under this Act, be deemed to have been respectively granted and made hereunder.
3. In this Act, unless there is something Definitions.
repugnant in the subject or context,(1) “ Telegraph” means an electric, galvanic or magnetic telegraph, and includes appliances and apparatus for transmitting or making telegraphic, telephonic or other communications by means of electricity, galvanism or magnetism:
(2) “Telegraph officer” means any person employed either permapently or temporarily in connection with a telegraph established, maintained or worked by the Goverriment 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 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 aathority” means any municipal committee, district board, body of port commissioners or other authority legally entitled to, or entrusted by the Government with, the control or management of any municipal or local fund.
PRIVILEGES AND POWERS OF THE GOVERNMENT. Exclusive privilege in respect
4. Within British India, the Governor of telegraphs, and power to grant
General in Council shall have the exclusive licenses.
privilege of establishing, maintaining and working telegraphs:
Provided that the Governor-General in Council may grant a license, on such conditions and in consideration of such payments as he thinks fit, to any person to establish, maintain or work a telegraph within any part of British India.
5. (1) On the occurrence of any public emergency, or in the interest
of the public safety, the Governor General in Power for Government to take possession of licensed telegraphs Council or a Local Government, or any officer and to order interception of mes specially authorised in this behalf by the sages.
Governor General in Council, may(a) take temporary possession of any telegraph established,
maintained or worked by any person licensed under this
Act; or (6) order 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
or an officer thereof mentioned in the order. (2) If any doubt arises as to the existence of a public emergency, or whether any act done under sub-section (1) was in the interest of the public safety, a certificate signed by a Secretary to the Government of India or to the Local Government shall be conclusive proof on the point. 6. Any Railway Company, on being required so to do by the
Governor General in Council, shall permit the Power to establish telegraph on land of Railway Company.
Government to establish and maintain a tele
graph upon any part of the land of the Company, and shall give every reasonable facility for working the same. 7. (1) The Governor-General in Council may, from time to time, by
notification in the Gazette of India, make Power to make rules for the conduct of telegraphs.
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 ; (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 ; and (d) the fees to be charged for searching for telegrams or other
documents in the custody of any telegraph officer.
9. 7.---See G. G. 1886, pp. 180, 493.
(3) When making rules for the conduct of any telegraph established, maintained or worked by any person licensed under this Act, the Governor General in Council 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). 8. The Governor General in Council may, at any time, revoke any
license granted under section 4, on the breach Revocation of licenses.
of any of the conditions therein contained, or in default of payment of any consideration payable thereunder. The Secretary of State for India in Council shall not be responsible
for any loss or damage which may occur in Government not responsible for loss or damage.
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.
Power TO PLACE TELEGRAPH LINES AND Posts. Power for telegraph authority
10. The telegraph authority may, from to place and maintain telegraph time to time, place and maintain a telegraph lines and posts.
line under, over, along or across, and posts in or upon, any immoveable 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 Government, or to be so estab
lished or maintained ; (b) the 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
(e) 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. The telegraph authority may, at any time, for the purpose of Power to enter on property in
examining, repairing, altering or removing order to repair or remove tele any telegraph line or post, enter on the prograph lines or posts.
perty 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. Any permission given by a local authority under section 10, clause
(c), may be given subject to such reasonable Power for local authority to conditions as that authority thinks fit to give permission under section 10, clause (c), subject to conditions.
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. When, under the foregoing provisions of this Act, a telegraph
line or post has been placed by the telegraph Power for local authority to authority under, over, along, across, require removal or alteration of telegraph line or post.
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. The telegraph authority may, for the purpose of exercising the
powers conferred upon it by this Act in resPower to alter position of gas or water pipes or drains.
pect 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) :