Indian Bare Acts

THE INDIAN TELEGRAPH ACT, 1885

Title : THE INDIAN TELEGRAPH ACT, 1885

Year : 1885

[Act, No. 13 of 1885]
[22nd July, 1885]


PREAMBLE

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:-



(1) This Act may be called the Indian Telegraph Act, 1885.

1*[(2) It extends to the whole of India2[***].]

(3) It shall come into force on the first day of October, 1885.

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1. Substituted by Act 45 of 1948 Section 2 for the former sub-section (2) (w.e.f. 3-9-1948).

2. The words "except the State of Hyderabad" Inserted by the A.O. 1950, omitted by Act 3 of 1951, Section 3 and Schedule (w.e.f. 1-4-1951).

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In section 3 of the Indian Telegraph Act, 1885 (13 of 1885) (hereinafter referred to as the principal Act), clause (1) shall be renumbered as clause (1AA) and before clause (1AA) as so renumbered, the following clauses shall be inserted, namely:-

(1) "Fund" means the Universal Service Obligation Fund established under sub-section (1) of section 9A;

(1A) "Universal Service Obligation" means the obligation to provide access to basic telegraph services to people in the rural and remote areas at affordable and reasonable prices;'.



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 7 [obligation to provide access to telegraph services] to people in the rural and remote areas at affordable and reasonable prices;]

2*[3*[(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 electro magnetic waves of frequencies lower than 3,000 giga-cycles per second propagated in space without artificial guide.]

(2) "Telegraph officer" means any person employed either permanently or temporarily in connection with a telegraph established, maintained or worked by 4*[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 above ground contrivance for carrying, suspending or supporting a telegraph line;

(6) "Telegraph authority" means the Director-General of 5*[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 commissioners or other authority legally entitled to, or entrusted by 4*[the Central or any State Government] with, the control or management of any municipal or local fund.

6 [***]

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1. Inserted by Act 8 of 2004, Section 2 (w.e.f 1-4-2002).

2. Substituted by Act 15 of 1961, Section 2, for clause (1) (w.e.f. 2-5-1961).

3. Clause (1) re-numbered as clause (1AA) by the Act 8 of 2004, Section 2 (w.e.f. 1-4-2002).

4. Substituted by A.O. 1937, for "the Government".

5. Substituted by Act 14 of 1914, Section 2, for "Telegraphs".

6. Clause (8) Inserted by the A.O. 1950 omitted by Act 3 of 1951, Section 3 and Schedule (w.e.f. 1-4-1951).

7. Substituted for the words "obligation to provide access to basic telegraph services" by the Indian Telegraph (Amendment) Act, 2006 (w.e.f. 30.10.2006).

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Last updated on August, 2016

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