Indian Telegraph Act,1885
Act No : 13
Section :
Power to make rules for the conduct of telegraphs.
7. (1)Power to make rules for the conduct of telegraphs. The Central Government may, from time to time, by notification in the Official Gazette, make rules2 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 3[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 offices shall be preserved and (d) the fees to be charged for searching for telegrams or other documents in the custody of any telegraph officer; ---------------------------------------------------------------------- 3 Ins. by Act 33 of 1971, s. 2. 2 See the Indian Telegraph Rules, 1951, Gazette of India,. 1951, Pt. II, Sec. 3. p. 1708. 3 Ins. by Act 33 of 1971, s. 3. ----------------------------------------------------------------------- 10E 1*[(e) the conditions and restrictions subject to which any telegraph line, appliance or apparatus for telegraphic communication shall be established, maintained, worked, repaired, transferred, shifted, withdrawn or disconnected; 2*[(ee) the charges in respect of any application for providing any telegraph line, appliance or apparatus;] --------------------------------------------------------------------- 1 Ins. by Act 47 of 1957, s. 2 (w.e.f. 1-7-1959). 2 Ins. by Act 48 of 1974, a. 2 (w.e.f. 1-6-1975). --------------------------------------------------------------------- 11-12 (f) the charges in respect of- (i) the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance of apparatus; (ii) the services of operators operating such line, appliance or apparatus; (g) the matters in connection with the transition from a system whereunder rights and obligations relating to the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance or apparatus for telegraphic communication attach by virtue of any agreement to a system whereunder such rights and obligations attach by virtue of rules made under this section ; _ (h) 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 (i) the payment of compensation to the Central Government for, any loss incurred in connection with the provision of 12A any telegraph line, appliance or apparatus for the benefit of any person- (a) 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 (b) 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; (j) the principles according to which and the authority by whom the compensation referred to in clause (i) shall be assessed ; 1[jj) 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 charged for admission to such examinations;] (k) any other matter for which provision is necessary for the proper and efficient conduct of all or any telegraphs under this Act.] (3) 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: 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). 2*[(4) Nothing in this section or in any rules made hereunder shall be construed as- (a) precluding the Central Government from entering into an agreement with a person for the establishment, maintenance and working by that Government on terms and --------------------------------------------------------------------- 1 Ins. by Act 15 of 1961, S. 3. 2 Ins. by Act 47 of 1957, s. 2 (w.e.f. 1-7-1959). --------------------------------------------------------------------- 12B 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 (b) subjecting the Central Government to any obligation to provide any telegraph 'line, appliance or apparatus for the purpose of affording means of telegraphic communication. 1*[(5) 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 2[which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the succes- sive 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.]] 3[7A. Saving of existing agreements. 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,(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 thereunder relating to such establishment, maintenance or working shall 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 --------------------------------------------------------------------- 1 Subs. by Act 15 of 1961, s. 3, for sub-section (5). 2 Subs. by Act 48 of 1974, s. 2, for certain words (w.e.f. 1-6- 1975). 3 Ins. by Act 47 of 1957, s. 3 (w.e.f. 1-7-1959). --------------------------------------------------------------------- 12c 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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