WIRELESS TELEGRAPHY ACT, 1933
(1) This Act may be called the Indian Wireless Telegraphy Act, 1933.
2[(2) It extends to the whole of India] 3[***].
(3) It shall come into force on such date4 as the Central Government may, by notification in the Official Gazette, appoint.
------------------------------
1. Subs. by Act 31 of 1949, sec. 3 for sub-section (2) (w.e.f. 22-10-1949).
2. The words “except the State of Hyderabad” which had been added by the A.O. 1950, omitted by Act 3 of 1951, sec. 3 and Sch. (w.e.f. 1-4-1951).
3. Came into force on 1-1-1934, see Gazette of India, 1933, Pt. I, p. 1131.
&n
In this Act, unless there is anything repugnant in the subject or context,—
1[(1) “wireless communication” means any transmission, omission or reception of signs, signals, writing, images and sounds, or intelligence of any nature by means of electricity, magnetism, or Radio waves or Hertzian waves, without the use of wires or other continuous electrical conductors between the transmitting and the receiving apparatus.
Explanation.—“Radio waves” or “Hertzian waves” means electromagnetic waves of frequencies lower than 3,000 gigacycles per second propagated in space without artificial guide;]
(2) “wireless telegraphy apparatus” means any apparatus, appliance, instrument or material used or capable of use in wireless communication, and includes any article determined by rule made under section
Save as provided by section 4, no person shall possess wireless telegraphy apparatus except under and in accordance with a license issued under this Act.
The Central Government may by rules made under this Act exempt any person or any class of persons from the provisions of this Act either generally or subject to prescribed conditions, or in respect of specified wireless telegraphy apparatus.
The telegraph authority constituted under the Indian Telegraph Act, 1885 (13 of 1885), shall be the authority competent to issue licenses to possess wireless telegraphy apparatus under this Act, and may issue licenses in such manner, on such conditions and subject to such payments as may be prescribed.
(1) Whoever possesses any 1[wireless telegraphy apparatus, other than a wireless transmitter,] in contravention of the provisions of section 3 shall be punished, in the case of the first offence, with fine which may extend to one hundred rupees, and, in the case of a second or subsequent offence, with fine which may extend to two hundred and fifty rupees.
2[(1A) Whoever possesses any wireless transmitter in contravention of the provisions of section 3 shall be punished with imprisonment which may extend to three years, or with fine which may extend to one thousand rupees, or with both.]
(2) For the purposes of this section a Court may presume that a person possesses wireless telegraphy apparatus if such apparatus is under his ostensible charge, or is located in any premises or place over which he has effective control.
&nb
Any officer specially empowered2 by the Central Government in this behalf may search any building, vessel or place in which he has reason to believe that any wireless telegraphy apparatus, in respect of which an offence punishable under section 6 has been committed, is kept or concealed, and take possession thereof.]
-----------------------------
1. Subs. by Act 31 of 1949, sec. 6.
2. For such notification see Gazette of India, 1951, Pt. II, Sec. 3, p. 1910.
-----------------------------
All wireless telegraphy apparatus confiscated under the provisions of sub-section (3) of section 6, and all wireless telegraphy apparatus having no ostensible owner shall be the property of the Central Government.
[Ceased to have effect by the A.O. 1937 and rep. by the Repealing and Amending Act, 1940 (32 of 1940), sec. 2 and Sch. I].
(1) The Central Government may, by notification in the Official Gazette, make rules1 for the purpose of carrying into effect the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for—
(i) determining that any article or class of article shall be or shall not be wireless telegraphy apparatus for the purposes of this Act;
(ii) the exemption of persons or classes of persons under section 4 from the provisions of this Act;
(iii) the manner of and the conditions governing the issue, renewal, suspension and cancellation of licenses, the form of licenses and the payments to be made for the issue and renewal of licenses;
(iv) t
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.