Examine provsions to enable QoS improvements

INDIAN TELEGRAPH ACT

1885

DISCUSSION WITH REGIONAL OFFICES Asit Kadayan May 1, 2020 VIDEO CONFERENCE
 INDIAN TELEGRAPHY ACT 1885
Part I: Preliminary
1. Short Title, Local Extent and Commencement

2. Repeals and Savings

3. Definitions
 INDIAN TELEGRAPHY ACT 1885
Part II: Privileges and Powers of the Government
4. Exclusive Privilege in respect of telegraphs, and power to grant license

5. Power for Government to take possession of licensed telegraphs and to order interception of messages

6. Power to establish telegraph on land of Railway Company

7. Power to make rules for the conduct of telegraphs

7A Saving of existing agreements

7B Arbitration of disputes

8. Revocation of licenses

9. Government not responsible for loss or damage

CLAUSE 7 (ALL SUB CLAUSES)
 INDIAN TELEGRAPHY ACT 1885
Clause 7: Power to make rules for conduct of telegraphs (1/9)

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:-

1. The rates at which, and the other conditions and restrictions subject to which, messages shall be
transmitted [within India].

2. The precautions to be taken for preventing the improper interception or disclosure of messages.

3. 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.

4. The fees to be charged for searching for telegrams or other documents in the custody of any telegraph
officer.
 INDIAN TELEGRAPHY ACT 1885
Clause 7: Power to make rules for conduct of telegraphs (2/9)

5. The conditions and restrictions subject to which any telegraph line,

appliance of apparatus for telegraphic communication shall be established,
maintained, worked, repaired, transferred, shifted, withdrawn or disconnected.

6. [The charges in respect of any application for providing any telegraph line,
appliance or apparatus.]

7. The charges in respect of

1. The establishment, maintenance, working, repair, transfer or shifting of any

telegraph line, appliance or apparatus.

2. The services of operators operating such line, appliance or apparatus

 INDIAN TELEGRAPHY ACT 1885
Clause 7: Power to make rules for conduct of telegraphs (3/9)

8. The matters in connection with the transition from a system where under
rights and obligations relating to the establishment, maintenance, working
repair, transfer of shifting of any telegraph line, appliance or apparatus for
telegraphic communication attach by virtue of any agreement to a
system where under such rights and obligations attach by virtue of rules
made under this section;
 INDIAN TELEGRAPHY ACT 1885
Clause 7: Power to make rules for conduct of telegraphs (4/9)

9. 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;

1. 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 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 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.
 INDIAN TELEGRAPHY ACT 1885
Clause 7: Power to make rules for conduct of telegraphs (5/9)
10. The principles according to which and the authority by whom the compensation referred
to clause shall be assessed. [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 charges for admission to such examinations;] and

11. Any other matter for which provision is necessary for the proper and
efficient conduct of all or any telegraphs under this act

12. When making rules for the conduct of any telegraph established, maintained or worked by
any person licensed under this Act, the Central Government may by the rules prescribe
fines for any breach of the same:
 INDIAN TELEGRAPHY ACT 1885
Clause 7: Power to make rules for conduct of telegraphs (6/9)

13. Provided that the fines so prescribed shall not exceed the following limits, namely:-

1. 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.

2. 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(1)
 INDIAN TELEGRAPHY ACT 1885
Clause 7: Power to make rules for conduct of telegraphs (7/9)
14. [Nothing in this section or in any rules made hereunder shall be construed as

1. precluding the Central Government from entering into an agreement with a person for
the establishment, maintenance and working by that Government on terms and
conditions specified in the agreement of any telegraph line, appliance or apparatus for
the purpose of affording means of telegraphic communication, where having regard to
the number of the lines, appliance or apparatus required by that person for telegraphic
communication, it is necessary or expedient to enter into such agreement with him, or

2. subjecting the Central Government to any obligation to provide any telegraph line
appliance or apparatus for the purpose of affording means of telegraphic communication
 INDIAN TELEGRAPHY ACT 1885
Clause 7: Power to make rules for conduct of telegraphs (8/9)

15. [Every rule made under this section shall be laid as soon as may be after it is made before
each House of Parliament while it is in session for a total period of thirty days [which may
be comprised in one session or in two or more successive sessions, and it, before the
expiry of the session immediately following the session or the successive sessions
aforesaid] both Houses agree in making any modification in the rule or both Houses agree
that the rule should not be made, the rule shall thereafter have effect only in such
modified form or be of no effect as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously
done under that rule.]]
 INDIAN TELEGRAPHY ACT 1885
Clause 7: Power to make rules for conduct of telegraphs (9/9)
7A. Saving of existing agreements
Nothing in section 7 shall authorize 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 (47 of 1957), relating to the establishment, maintenance or working of any telegraph line, appliance or
apparatus for telegraphic communication; and all rights and obligations there under relating to such
establishment, maintenance or working hall be determined in accordance with the terms and conditions of
such agreement.
7B. Arbitration of disputes
1. Except as otherwise expressly provided in this Act, if any dispute concerning any telegraph line, appliance or
apparatus arises between the telegraph authority and the person for whose benefit the line, appliance or
apparatus is, or has been provided, the dispute shall be determined by arbitration and shall, for the purposes
of such determination, be referred to an arbitrator appointed by the Central Government either specially for
the determination of that dispute or generally for the determination of disputes under this section.
2. The award of the arbitrator appointed under sub-section (1) shall be conclusive between the parties to the
dispute and shall not be questioned in any court.
MAIN CLAUSES (CONTD..)
 INDIAN TELEGRAPHY ACT 1885
Part III: Power to Place Telegraph Lines and Posts (1/2)
10.Power for telegraph authority to place and maintain telegraph lines and posts
(3) 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

11. Power to enter on property in order to repair or remove telegraph lines or posts
Provisions applicable to property vested in or under the control management of local authorities

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 authority and local authority

CLAUSE 10 (ALL SUB CLAUSES)
 INDIAN TELEGRAPHY ACT 1885
Clause 10: Power for telegraph authority to place ans maintain telegraph
lines and posts (1/2)
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:-

1. 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.

2. 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
 INDIAN TELEGRAPHY ACT 1885
Clause 10: Power for telegraph authority to place ans maintain telegraph
lines and posts (2/2)

Provided that:- (continued…..)

3. 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
4. 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.
MAIN CLAUSES (CONTD..)
 INDIAN TELEGRAPHY ACT 1885
Part III: Power to Place Telegraph Lines and Posts (2/2)
Provisions applicable to other property

16. Exercise of powers conferred by section 10, and disputes as to compensation , in case of
property other than that of a local authority

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 telegraphic communication

19. Telegraph lines and posts placed before passing of this Act

19 A Person exercising legal right likely to damage telegraph or interfere with telegraphic
communication to give notice

19 B Power to confer upon license powers of telegraph authority under this part
 INDIAN TELEGRAPHY ACT 1885
Part IV: Penalties (1/2)
20.Establishing, maintaining or working unauthorised telegraph

20 A Breach of conditions of license

21. Using unauthorised telegraphs

22. Opposing establishment of telegraphs on railway land

23. Intrusion into signal-room, trespass in telegraph office or obstruction

24. Unlawfully attempting to learning the contents of messages

25. Intentionally damaging or tampering with telegraphs

25A Injury to or interference with a telegraph line or post

 INDIAN TELEGRAPHY ACT 1885
Part IV: Penalties (2/2)
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

28.Misconduct

29. Sending fabricated messages

29A Penalty

30.Retaining a message delivered by mistake

31. Bribery

32. Attempts to commit offences

 INDIAN TELEGRAPHY ACT 1885
Part V: Supplemental Provision
33.Power to employ additional police in places where mischief to telegraphs is reportedly
committed

34.A . Application of Act to Presidency-towns

35. Reference to certain laws of Part B States

THANKS