4. Exclusive privilege in respect of telegraphs, and power to grant licenses.—4
[(1)]
Within 5
[India], the Central Government shall have the exclusive privilege of establishing,
maintaining and working telegraphs:
Provided that the Central Government may grant a license, 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 5
[India]:
6
[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 7
[and on aircraft within or
above 5
[India], or Indian territoral waters], and
(b) of telegraphs other than wireless telegraphs within any part of 5
[India].]
8
[Explanation.—The payments made for the grant of a licence under this subsection shall include
such sum attributable to the Universal Service Obligation as may be determined by the Central
Government after considering the recommendation made in this behalf by the Telecom Regulatory
Authority of India established under sub-section (1) of section 3 of the Telecom Regulatory Authority of
India Act, 1997 (24 of 1997).]
4
[(2) The Central Government may, by notification in the Official Gazette, delegate to the
telegraph authority all or any of its powers under the first proviso to sub-section (1).
The exercise by the telegraph authority of any power so delegated shall be subject to such
restrictions and conditions as the Central Government may, by the notification, think fit to
impose.]
9
[(3) Any person who is granted a license under the first proviso to sub-section (1) to establish,
maintain or work a telegraph within any part of India, shall identify any person to whom it provides its
services by—
(a) authentication under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits
and Services) Act, 2016 (18 of 2016); or
1. Subs. by Act 14 of 1914, s. 2, for “Telegraphs”
2. Subs. by the A.O. 1937, for “the Govt.”.
3. Clause (8) rep. by Act 3 of 1951, s. 3 and the Schedule. Earlier clause (8) was inserted by the A.O. 1950.
4. Section 4 renumbered as sub-section (1) by Act 7 of 1914, s. 4.
5. Subs. by Act 45 of 1948, s. 3, for “the Provinces”.
6. Ins. by Act 7 of 1914, s. 4.
7. Ins. by Act 27 of 1930, s. 2.
8. Ins. by Act 8 of 2004, s. 3 (w.e.f. 1-4-2002).
9. Ins. by Act 14 of 2019, s. 26 (w.e.f. 25-07-2019).
5
(b) offline verification under the Aadhaar (Targeted Delivery of Financial and Other Subsidies,
Benefits and Services) Act, 2016 (18 of 2016); or
(c) use of passport issued under section 4 of the PassportsAct, 1967 (15 of 1967); or
(d) use of any other officially valid document or modes of identification as may be notified by the
Central Government in thisbehalf.
(4) If any person who is granted a license under the first proviso to sub-section (1) to establish,
maintain or work a telegraph within any part of India is using authentication under clause (a) of
sub-section (3) to identify any person to whom it provides its services, it shall make the other modes of
identification under clauses (b) to (d) of sub-section (3) also available to such person.
(5) The use of modes of identification under sub-section (3) shall be a voluntary choice of the person
who is sought to be identified and no person shall be denied any service for not having an Aadhaar number.
(6) If, for identification of a person, authentication under clause (a) of sub-section (3) is used,
neither his core biometric information northeAadhaar number of the person shall be stored.
(7) Nothing contained in sub-sections (3), (4) and (5) shall prevent the Central Government from
specifying further safeguards and conditions for compliance by any person who is granted a license under
the first proviso to sub-section (1) in respect of identification of person to whom it provides its services.
Explanation.—The expressions “Aadhaar number” and “core biometric information” shall have the
same meanings as are respectively assigned to them in clauses (a) and (j) of section 2 of the Aadhaar
(Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016).]
1
[5. Power for Government to take possession of licensed telegraphs and to order
interception of messages.—(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 und er 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 of the State, friendly relations with foreign
States or public order or for preventing incitement to the commission of an offence, for reasons to be
recorded in writing, by order, direct that any message or class of messages to or from any person or class
of persons, or relating to any particular subject, brought for transmission by or transmitted or received by
any telegraph, shall not be transmitted, or shall be intercepted or detained, or shall be disclosed to the
Government making the order or an officer thereof mentioned in the order:
Provided that press messages intended to be published in India of correspondents accredited to the
Central Government or a State Government shall not be intercepted or detained, unless their
transmission has been prohibited under this sub-section.]
6. Power to establish telegraph on land of Railway Company.—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.
2
[6A. Power to notify rates for transmission of messages to countries outside India.—(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.
1. Subs. by Act 38 of 1972, s. 2, for section 5.
2. Ins. by Act 33 of 1971, s. 2
6
(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;
(c) the rates for the time being in force for transmission of messages within India;
(d) such other relevant factors as the Central Government may think fit in the
circumstances of the case.]
7. Power to make rules for the conduct of telegraphs.—(1) The Central Government may,
from time to time, by notification in the Official Gazette, make rules1
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 2
[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
[(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;
4
[(ee) the charges in respect of any application for providing any telegraph line, appliance or
apparatus;]
5
[(eea) the manner in which the fund may be administered;
(eeb) the criteria based on which sums may be released;]
(f) the charges in respect of—
(i) the establishment, maintenance, working, repair, transfer or shifting of any telegraph line,
appliance or apparatus;
(ii) the services of operators operating such line, appliance or apparatus;
(g) the matters in connection with the transition from a system where under 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 any telegraph line, appliance or apparatus for the benefit of any person—
1. See the Indian Telegraph Rules, 1951, Gazette of India, 1951, Pt. 11, sec. 3, p. 1708.
2. Ins. by Act 33 of 1971, s. 3.
3. Ins. by Act 47 of 1957, s. 2 (w.e.f. 1 -7-1959).
4. Ins. by Act 48 of 1974, s. 2 (w.e.f. 1-6-1975).
5. Ins. by Act 8 of 2004, s. 4 (w.e.f. 1-4-2002).
7
(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 clay 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 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.
3
[(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 4
[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 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.]]
5
[7A. Saving of existing agreements.—Nothing in section 7 shall authorise the making of any
rules determing 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.
1. Ins. by Act 15 of 1961, s. 3.
2. Ins. by Act 47 of 1957, s. 2 (w.e.f. 1-7-1959).
3. Subs. by Act 15 of 1961, s. 3, for sub-section (5).
4. Subs. by Act 48 of 1974, s. 2, for certain words (w.e.f. 1-6-1975).
5. Ins. by Act 47 of 1957, s. 3 (w.e.f. 1-7-1959).
8
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 t his
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.]
8. Revocation of licenses.—The Central Government may, at any time, revoke any license
granted under section 4, on the breach of any of the conditions therein contained, or in default of
payment of any consideration payable thereunder.
9. Government not responsible for loss or damage.—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.