TELEGRAPH ACT, 1885
(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.
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1. Subs. by Act 45 of 1948 sec. 2 for the former sub-section (2) (w.e.f. 3-9-1948).
2. The words “except the State of Hyderabad” ins. by the A.O. 1950, omitted by Act 3 of 1951, sec. 3 and Sch. (w.e.f. 1-4-1951).
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[Rep. by the Repealing Act, 1938 (1 of 1938), sec. 2 and Sch.].
In this Act, unless there is something repugnant in the subject or context,—
1[(1) “Fund” means the Universal Service Obligation Fund established under sub-section (1) of section 9A;
(1A) “Universal Service Obligation” means the 2[obligation to provide access to telegraph services] to people in the rural and remote areas at affordable and reasonable prices;]
3[4[(1AA)] “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 elect
1[(1)] Within 2[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 2[India]:
3[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 4[and on aircraft within or above 2[India], or Indian territorial waters], and
(b) of telegraphs o
(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
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.
(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 outside India;
(b) the foreign exchange rates for the time being in force;
(d) such other relevant factors as the Central Government may think fit in the circumstances of the case.]
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(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 1[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 offic
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.]
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1. Ins. by Act 47 of 1957, sec. 2 (w.e.f. 1-7-1959).
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Note: The query specifies Section 7(a) of the Telegraph Act, 1885, which pertains to the Central Government's power to make rules on rates and conditions for transmitting messages within India. However, the provided sources exclusively discuss Section 7-B (arbitration of disputes). As per the instructions, only information available in the sources is included. No details on Section 7(a) are present in the sources, so the commentary focuses on Section 7-B, which aligns with the source content. If this is not the intended section, please clarify. Punishment details are not available in the sources for Section 7-B (as it concerns arbitration, not penalties), so that section is omitted.
Section 7-B of the Indian Telegraph Act, 1885, provides a mechanism for resolving disputes between telegraph authorities and subscribers through statutory arbitration. It was introduced to oust civil court jurisdiction in specific disputes related to telegraph lines, appliances, or apparatus, ensuring disputes are referred to an arbitrator appointed by the Central Government. The provision aims to offer an efficient, final remedy for telecom-related grievances, such as billing disputes or disconnections, while limiting judicial interference unless there are violations of natural justice or irrationality.
Section 7-B states: (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.
The section covers disputes related to the functioning, billing, disconnection, or assessment of telegraph/telephone services, including excessive billing, unauthorized use, or disconnection for arrears. It does not apply to disputes like misreading of meters without apparatus involvement, claims for damages outside statutory arbitration, or matters resolvable under other laws (e.g., Consumer Protection Act for individual deficiencies, unless barred). Civil court jurisdiction is ousted for covered disputes, but arbitration must follow principles of natural justice. The scope is broad, encompassing apparatus-related issues, but limited to parties specified.
(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].
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(vii) Remedy of resorting to arbitration does not bar the jurisdiction of the High Court
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.
The 1[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.
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1. Subs. by the A.O. 1950, for “Crown” which had been subs. by the A.O., 1937, for “Secretary of State for India in Council”.
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(1) On and from the commencement of the Indian Telegraph (Amendment) Act, 2003, there shall be established, for the purposes of this Act, a Fund to be called the “Universal Service Obligation Fund”.
(2) The Fund shall be under the control of the Central Government and there shall be credited thereto—
(a) any sums of money paid under section 9B;
(b) any grants and loans made by the Central Government under section 9C.
(3) The balance to the credit of the Fund shall not lapse at the end of the financial year.
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* Section 9A ins. by Act 8 of 2004, sec. 5 (w.r.e.f. 1-4-2002).
The sums of money received towards the universal service Obligation under section 4 shall first be credited to the Consolidated Fund of India, and the Central Government may, if Parliament by appropriation made by law in this behalf so provides, credit such proceeds to the Fund from time to time for being utilised exclusively for meeting the Universal Service Obligation.
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* Section 9B ins. by Act 8 of 2004, sec. 5 (w.r.e.f. 1-4-2002).
The Central Government may, after due appropriation made by Parliament by law in this behalf, credit by way of grants and loans such sums of money as that Government may consider necessary in the Fund.
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* Section 9C ins. by Act 8 of 2004, sec. 5 (w.r.e.f. 1-4-2002).
(1) The Central Government shall have the power to administer the Fund in such manner as may be prescribed by rules made under this Act.
(2) The Fund shall be utilised exclusively for meeting the Universal Service Obligation.
(3) The Central Government shall be responsible for the co-ordination and ensuring timely utilisation and release of sums in accordance with the criteria as may be prescribed by rules made under this Act.
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* Section 9D ins. by Act 8 of 2004, sec. 5 (w.r.e.f. 1-4-2002).
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 [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 m
Legal Comments
"Introduction" - Section 10 of the Indian Telegraph Act, 1885 vests expansive power in telegraph authorities to lay, place, maintain lines and posts on any immovable property, subject to compensation under Section 10(d) and relief under Section 16. This corpus governs land-use conflicts arising from overhead lines and towers across private land. [Various sources compiled in provided corpus]
"What section Says" - Section 10 authorizes placement and maintenance of telegraph lines and posts; Section 10(d) requires compensation for damages caused by exercise of those powers; Section 16 provides a mechanism for dispute resolution and compensation adjudication (District Judge). , [BINAPANI BASU VS UNION OF INDIA (UOI)], [D. R. Girish VS District Magistrate]
"Essential ingredients" - (i) Government/public interest in laying/maintaining lines; (ii) right of telegraph/telecommunication authorities to enter land; (iii) requirement to pay full and just compensation (Section 10(d)); (iv) avenue for challenging route/compensation before a District Judge under Section 16(3); (v) appellate and writ remedies balanced with public interest. [PREM PAL VS STATE OF U. P. ], [Ved Prakash VS State of U. P. ], [BINAPANI BASU VS UNION OF INDIA (UOI)], [SUSAMA PATEL VS GRID CORPORATION OF ORISSA LTD. ]
"Scope of Section" - Section 10 applies broadly to entry and placement of lines, including across agricultural and private lands; it interacts with Electricity Act, Forest Act, and various state rules when transmission/corridors are involved. Courts have repeatedly upheld the telegraph/utility authorities’ primacy in route finalization, while insisting on compensation and procedural propriety. [Lachmi Devi VS H. P. S. E. B. ], [KASHIBEN LAKHMANBHAI VS GUJARAT ENERGY TRANSMISSION CORPORATION LTD. ], [Rajendra Prasad Tiwari VS State of M. P. ], [Arvindbhai Zaverbhai Patel VS Union of India Through The Secretary]
"Punishment for Section" - This topic is not applicable to Section 10 itself; Section 10 deals with authorizations and compensation. Punitive aspects may arise under related Acts (e.g., trespass or other offences), but not as a direct sanction within Section 10. No direct punitive provision is identified in the cited material. [general reading across sources]
"Notice and due process" - Several judgments emphasize that while authorities may proceed without individual notice to every landowner, due notice via scheme publication and adherence to statutory publish/consultation requirements is required; deviation without justification can be challenged, and compensation remains due. In some cases, lack of notice did not bar completion if route determined to be valid, but compensation issues persisted. [SUSAMA PATEL VS GRID CORPORATION OF ORISSA LTD. ], [Arvindbhai Zaverbhai Patel VS Union of India Through The Secretary], [Biswajit Saha VS Union Of India]
"Alternative route and public interest" - Courts have held that public interest can justify maintaining original routes even if petitioners seek diversion; however, petitioners may seek damages/compensation or challenge routes where improper. The balance favors public infrastructure while ensuring adequate remedies for affected landowners. [MANOJBHAI DASRATHBHAI PATEL VS POWER GRID CORPORATION OF INDIA], [Torrent Solar Power Private Limited vs Power Grid Koppal Gadag]
"Damage and Compensation standard" - The jurisprudence consistently requires the telegraph/electricity authority to pay full compensation for damages sustained, including diminution in land value, trees, crops, structures, and other detriments; even “ex gratia” payments may be treated as compensation where applicable. Remedies include filing under Section 16(3) before District Judge; or in some cases, mandamus or injunctions where appropriate. [PREM PAL VS STATE OF U. P. ], [K. S. E. B. VS Kalyani Amma ], [Maya Venu, W/o V S Venu VS Power Grid Corporation Of India Ltd. ], [SUSAMA PATEL VS GRID CORPORATION OF ORISSA LTD. ]
"Limitation and timing" - Courts have addressed timeliness; petitions brought within limitation periods or deemed timely when filed within permissible periods, with courts stressing that delays can bar relief if not explained. The law recognizes ongoing damage and continued possession claims, yet timeliness remains a controlling factor. [Maya Venu, W/o V S Venu VS Power Grid Corporation Of India Ltd. ], [Ayar Jivanbhai Mahadevbhai VS Torrent Power Limited]
"District Magistrate vs District Judge" - District Magistrate (execution-type role under Section 16) handles schemes/obstructions, but compensation adjudication is typically before the District Judge under Section 16(3); courts caution against treating Section 16 as a substitute for full merits adjudication. [D. R. Girish VS District Magistrate], [Thilagam VS District Collector, Salem], [Ved Prakash VS State of U. P. ]
"Consent of landowners" - Several decisions hold that consent is not a strict prerequisite for laying lines under Section 164 of the Electricity Act or Section 10, but compensation rights still apply; some state courts note that landowner consent may not be mandatory for alignment, yet fair compensation and due process are required. [Sri K. Subba Raju VS The Executive Engineer, TLC Division, AP TRANSCO, Visakhapatnam District], [Suresh Kumar Saini VS Power Grid Corporation of India Ltd], [Manoranjan Sa VS State of Odisha]
"Alignment changes and mala fides" - When alignment changes appear to be made to benefit specific parties, courts require objective justification; however, expert determinations and public interest often predominate, with liberty to seek damages or compensation as appropriate. [Arvindbhai Surjibhai Vaghat VS State Of Gujarat], [Arvindbhai Zaverbhai Patel VS Union of India Through The Secretary]
"Role of expert route selection" - Courts repeatedly defer to expert determinations for route alignment and express reluctance to substitute their own view without substantial cause; in many cases, District Magistrate or authorities must follow the approved route and consider objections only on lawful grounds and with compensation arrangements in place. [Thilagam VS District Collector, Salem], [Rafikbhai Abhrambhai Modan VS State of Gujarat]
"Waiver and remedy exhaustion" - Some rulings hold that if a landowner waives compensation or diverts routes, their right to compensation under Section 10(d) can be deemed waived; nonetheless, other rulings stress exhaustion of Section 16(3) remedies before seeking writs. [M/s Harihar Buildspace Pvt Ltd VS Union Of India], [T. Bhuvaneswari VS District Collector-cum-District Magistrate, Erode District]
"Interplay with other Acts" - The framework often intersects with Indian Forest Act, Environment/Forest Conservation Act, and Civil Procedure requirements; courts emphasize that where multiple statutes apply, the telegraph/utility power remains broad but must respect substantive rights and due process. [Rafikbhai Abhrambhai Modan VS State of Gujarat], [MANOJBHAI DASRATHBHAI PATEL VS POWER GRID CORPORATION OF INDIA]
"Interest on compensation" - Some judgments hold that interest on compensation can be payable from the date of damage or cutting, depending on the case, with courts recognizing statutory or equitable entitlement to interest where land is deprived of use. [K. S. E. B. VS Kalyani Amma ]
"Remedies for residents" - The corpus shows a pattern: seek compensation under Section 16(3) before the District Judge; where appropriate, seek interim relief with injunctions or mandamus, but courts prefer to allow completion of project in public interest while ensuring redress for affected landowners. [Hamsa. A. P. , S/o. Muhammed @ Kunhapputty Haji VS Secretary Kerala State Electricity Board Ltd. ], [Thilagam VS District Collector, Salem]
"Public interest vs private rights" - A recurring theme: public infrastructure projects of national importance may override certain private inconveniences, but courts insist on transparent processes, proper scheme publication, and full compensation; constitutional protections (Article 300-A) protect property rights when government action deprives landowners. [Ved Prakash VS State of U. P. ], [T. Sudhakar Reddy VS State of Telangana, Rep. by its Chief Secretary]
"Key takeaway" - Section 10(and 10(d)) authorizes entry and compensation; Section 16 provides mechanisms for disputes. Courts consistently uphold the overarching public utility purpose while ensuring that landowners receive fair and timely compensation and that procedures are followed, with disputes often directed to the District Judge for quantification of damages. [BINAPANI BASU VS UNION OF INDIA (UOI)], [Biswajit Saha VS Union Of India], [SUSAMA PATEL VS GRID CORPORATION OF ORISSA LTD. ]
"Practical guidance for practitioners" - When challenging a transmission scheme, focus on (a) publication and notice adequacy of the scheme; (b) whether route was determined by experts; (c) whether compensation has been determined or if an available remedy under Section 16(3) exists; (d) risks of laches and limitation; (e) ensure a timely approach to District Judge for compensation claims. [SUSANIA PATEL VS GRID CORPORATION OF ORISSA LTD. ], [Arvindbhai Zaverbhai Patel VS Union of India Through The Secretary], [Maya Venu, W/o V S Venu VS Power Grid Corporation Of India Ltd. ], [Samir Ghosal VS Union Of India]
"Conclusion" - The law governing telegraph/electric transmission on private lands centers on Section 10 powers balanced by 10(d) compensation and Section 16 dispute-resolution processes; while public interest supports infrastructure, courts consistently ensure landowners receive full, fair compensation and that authorities adhere to due process in route selection and scheme publication. [0123456789 references compiled in sources]
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.
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 authroity under those powers.
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 authroity to remove it or alter its poistion, as the case may be.
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 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 superinten
(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 1[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 1[Central Government]; and the order of the 1[Central Government] shall be final.
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(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, b
The Indian Telegraph Act, 1885 is a colonial-era legislation that governs the establishment, maintenance, and operation of telegraphs in India. It empowers telegraph authorities to place and maintain telegraph lines and posts on public and private property, subject to certain conditions. Section 16 specifically addresses the exercise of powers under Section 10 (related to placing telegraph lines on property) when there is resistance or obstruction, and it provides mechanisms for resolving disputes over compensation. This section balances public interest in infrastructure development (e.g., electricity transmission lines) with property owners' rights, often applied in modern contexts like power grid installations through judicial interpretations.
Section 16 of the Indian Telegraph Act, 1885 deals with the exercise of powers conferred by Section 10 and disputes as to compensation in cases of property other than that of a local authority. It states:
(Note: Full text paraphrased from sources like ["Manoranjan Sa VS State of Odisha"] and , which provide excerpts of the section.)
Section 16 applies to non-local authority property where telegraph authorities (including electricity boards or licensees under the Electricity Act, 2003) face resistance in exercising powers under Section 10. It covers scenarios like erecting transmission lines, poles, or towers on private land for public interest projects (e.g., electricity transmission). The scope includes granting permissions by the District Magistrate, resolving compensation disputes by the District Judge, and ensuring minimal damage with full compensation. It does not involve land acquisition but diminution of land value, tree cutting, or other damages. Judicial interpretations extend it to electricity infrastructure via Section 164 of the Electricity Act, 2003, balancing public welfare against individual rights without requiring owner consent.
Violation of an order under Section 16(1) (e.g., continued resistance after permission is granted) is punishable as an offence under Section 188 of the Indian Penal Code, 1860, which may include imprisonment up to 6 months, or fine up to Rs. 1,000, or both. No separate punishment is specified in Section 16 itself, but criminal action can be invoked for non-compliance.
(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 su
(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.
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.
(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 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
The Central Government may, by notification in the Official Gazette, confer upon any licensee under section 4, in respect of the extent of his licnese 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 19A shall always be given to the telegraph authority or officer empowered to receive notice under section 19A(1).]
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1. Section 19B ins. by Act 7 of 1914, sec. 5.
(1) If any person establishes, maintains or works a telegraph within 2[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 par
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.]
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1. Ins. by Act 7 of 1914, sec. 7.
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.
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.
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.
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.
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.
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).]
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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 secrets, 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 1[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, ordivulges the purport of any telegraphic signal to any person
If any telegraph officer transmits by telegraph any message on which the charge prescribed by the 1[Central Government], or by a person licensed under this Act, as the case may be, has not been paid, intending thereby to defraud the 1[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.
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1. Subs. by the A.O. 1937, for “Government”.
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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.
1[***]
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1. Section 29 omitted by Act 33 of 1971, sec. 4 (w.e.f. 10-8-1971).
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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 2[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 2[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 2[Posts and Telegraphs],
he shall be punished with fine which may extend to fifty rupees.]
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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.
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.
Whoever attempts to commit any offence punishable under this Act shall be punished with the punishment herein provided for the offence.
(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 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 be recoverable ei
(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 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".
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(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 b
Section 34 of the Telegraph Act, 1885, pertains to the application of the Act within Presidency towns and certain procedural aspects related to telegraph operations. It forms part of the broader legislative framework governing telegraphs and their regulation in India, including powers of authorities, dispute resolution, and procedural provisions.
Section 34 provides that the provisions of the Telegraph Act, 1885, shall, in their application to Presidency towns, be read as if for certain references (such as "District Magistrate"), the words "Chief Judge of a Presidency Court of Small Causes" are substituted or implied. It essentially localizes and adapts the Act’s provisions to the specific administrative context of Presidency towns.
The scope is limited to the geographic and administrative context of Presidency towns, primarily Kolkata, Mumbai, and Chennai. It ensures the Act’s provisions are compatible with local judicial authorities. It also influences procedures related to disputes, penalties, and enforcement in these specific areas.
Section 34 itself does not prescribe specific punishments; instead, it modifies the application of the existing provisions of the Telegraph Act, which include penalties for offenses such as unauthorized telegraph establishment, damage, or interference. Penalties are generally outlined in other sections (e.g., Sections 25, 32, 33).
Note: The references primarily derive from the provided sources indicating the legal framework and judicial interpretations related to Section 34 and its application, emphasizing its jurisdictional and procedural significance in Presidency towns.
[Rep. by Part B States (Laws) Act, 1951 (3 of 1951), sec. 3 and Sch.]
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1. Subs. by the A.O. 1950, for the former section which had been ins. by Act 45 of 1948, sec. 3.
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