10. Power for telegraph authority to place and maintain telegraph lines and posts.—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:
1. Subs. by the A.O. 1950, for “Crown” which had been subs. by the A.O. 1937, for “Secretary of State for India in Council”.
2. Ins. by Act 8 of 2004, s. 5 (w.e.f. 1-4-2002).
9
Provided that—
(a) the telegraph authority shall not exorcise the powers conferred by this section except for the
purposes of a telegraph establish Ector maintained by the 1
[Central Government], or to be so
established or maintained;
(b) the 1
[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;
(c) 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
(d) 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.
11. Power to enter on property in order to repair or remove telegraph lines or posts.—
The telegraph authority may, at any time, for the purpose of examining, repairing, altering or
removing any telegraph line or post, enter on the property under, over, along, across, in or upon which
the line or post has been placed.
Provisions applicable to property vested in or under the control or management of local authorities
12. Power for local authority to give permission under section 10, clause (c), subject to
conditions.—Any permission given by a local authority under section 10, clause ( c), may be
given subject to such reasonable conditions as that authority thinks fit to impose, as to the
payment of any expenses to which the authority will necessarily be put in consequence of the
exercise of the powers conferred by that section, or as to the time or mode of execution of any
work, or as to any other thing connected with or relative to any work undertaken by the
telegraph authority under those powers.
13. Power for local authority to require removal or alteration of telegraph line or
post.—When, under the foregoing provisions of this Act, a telegraph line or post has been
placed by the telegraph authority under, over, along, across, in or upon any property vested in
or under the control or management of a local authority, and the local authority, having regard
to circumstances which have arisen since the telegraph line or post was so placed, considers it
expedient that it should be removed or that its position should be altered, the local authority
may require the telegraph authority to remove it or alter its position, as the case may be.
14. Power to alter position of gas or water pipes or drains.—The telegraph authority may,
for the purpose of exercising the powers conferred upon it by this Act in respect of any property
vested in or under the control or management of a local authority, alter the position thereunder of
any pipe (not being a main) for the supply of gas or water, or of any drain (not being a main
drain):
Provided that—
(a) when the telegraph authority desires to alter the position of any such pipe or drain it
shall give reasonable notice of its intention to do so, specifying the time at which it will
begin to do so, to the local authority, and, when the pipe or drain is not under the control of
the local authority, to the person under whose control the pipe or drain is;
(b) a local authority or person receiving notice under clause (a) may send a person to superintend
the work, and the telegraph authority shall execute the work to the reasonable satisfaction of the
person so sent.
15. Disputes between telegraph authority and local authority.—(1) If any dispute arises
between the telegraph authority and a local authority in consequence of the local authority
refusing the permission referred to in section 10, clause (c), or prescribing any condition under
1. Subs. by the A.O. 1937, for “Govt.”.
10
section 12, or in consequence of the telegraph authority omitting to comply with a requisition
made under section 13, or otherwise in respect of the exercise of the powers conferred by this
Act, it shall be determined by such officer as the 1
[Central Government] may appoint either
generally or specially in this behalf.
(2) An appeal from the determination of the officer so appointed shall lie to the '[Central
Government]; and the order of the 1
[Central Government] shall be final.
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.—(1) If the exercise of the powers mentioned in
section 10 in respect of property referred to in clause (d) of that section is resisted or obstructed,
the District Magistrate may, in his discretion, order that the telegraph authority shall be permitted
to exercise them.
(2) If, after the making of an order under sub-section (1), any person resists the exercise of
those powers, or, having control over the property, does not give all facilities for their being
exercised, he shall be deemed to have committed an offence under section 188 of the Indian
Penal Code (45 of 1860).
(3) If any dispute arises concerning the sufficiency of the compensation to be paid under
section 10, clause (d), it shall, on application for that purpose by either of the disputing parties to
the District Judge within whose jurisdiction the property is situate, be determined by him.
(4) If any dispute arises as to the persons entitled to receive compensation, o r as to the
proportions in which the persons interested arc entitled to share in it, the telegraph authority
may pay into the Court of the District Judge such amount as he deems sufficient or, where all
the disputing parties have in writing admitted the amount tendered to be sufficient or the
amount has been determined under sub-section (3), that amount; and the District Judge, after
giving notice to the parties and hearing such of them as desire to be heard, shall determine the
persons entitled to receive the compensation or, as the case may be, the proportions in which
the persons interested are entitled to share in it.
(5) Every determination of a dispute by a District Judge under sub-section (3) or sub-section (4) shall
be final:
Provided that nothing in this sub-section shall affect the right of any person to recover by suit
the whole or any part of any compensation paid by the telegraph authority, from the person who
has received the same.
17. Removal or alteration of telegraph line or post on property other than that of a
local authority.—(1) When, under the foregoing provisions of this Act, a telegraph line or post
has been placed by the telegraph authority under, over, along, across, in or upon any property,
not being property vested in or under the control or management of a local authority, and any
person entitled to do so desires to deal with that property in such a manner as to render it
necessary or convenient that the telegraph line or post should be removed to another part thereof
or to a higher or lower level or altered in form, he may require the telegraph authority to remove
or alter the line or post accordingly:
Provided that, if compensation has been paid under section 10, clause (d), he shall, when
making the requisition, tender to the telegraph authority the amount requisite to defray the
expense of the removal or alteration, or half of the amount paid as compensation, whichever
may be the smaller sum.
(2) If the telegraph authority omits to comply with the requisition, the person making it may apply
to the District Magistrate within whose jurisdiction the property is situate to order the removal or
alteration.
1. Subs. by the A.O. 1937, for “L.G.”.
11
(3) A District Magistrate receiving an application under sub-section (2) may, in his
discretion, reject the same or make an order, absolutely or subject to conditions, for the removal
of the telegraph line or post to any other part of the property or to a higher or lower level or for
the alteration of its form; and the order so made shall be final.
Provisions applicable to all property
18. Removal of trees interrupting telegraphic communication.—(1) If any trees standing or lying
near a telegraph line interrupts, or is likely to interrupt, telegraphic communication, a Magistrate of the
first or second class may, on the application of the telegraph authority, cause the tree to be removed or
dealt with in such other way as he deems fit.
(2) When disposing of an application under sub-section (1), the Magistrate shall, in the case of any
tree in existence before the telegraph line was placed, award to the persons interested in the tree such
compensation as he thinks reasonable, and the award shall be final.
19. Telegraph lines and posts placed before the passing of this Act.—Every telegraph line or
post placed before the passing of this Act under, over, along, across, in or upon any property, for the
purposes of a telegraph established or maintained by the 1
[Central Government], shall be deemed to
have been placed in exercise of the powers conferred by, and after observance of all the requirements
of, this Act.
2
[19A. Person exercising legal right likely to damage telegraph or interfere with telegraphic
communication to give notice.—(1) Any person desiring to deal in the legal exercise of a right with
any property in such a manner as is likely to cause damage to a telegraph line or post which has been
duly placed in accordance with the provisions of this Act, or to interrupt or interfere with telegraphic
communication, shall give not less than one month's notice in writing of the intended exercise of
such right to the telegraph authority, or to any telegraph officer whom the telegraph authority may
empower in this behalf.
(2) If any such person without having complied with the provisions of sub-section (1) deals with
any property in such a manner as is likely to cause damage to any telegraph line or post, or to interrupt
or interfere with telegraphic communication, a Magistrate of the first or second class may, on the
application of the telegraph authority, order such person to abstain from dealing with such property in
such manner for a period not exceeding one month from the date of his order and forthwith to take
such action with regard to such property as may be in the opinion of the Magistrate necessary to
remedy or prevent such damage, interruption or interference during such period.
(3) A person dealing with any property in the manner referred to in sub-section (1) with the
bona fide intention of averting imminent danger of personal injury to himself or any other human
being shall be deemed to have complied with the provisions of the said sub-section if he gives such
notice of the intended exercise of the right as is in the circumstances possible, or where no such
previous notice can be given without incurring the imminent danger referred to above, if he
forthwith gives notice of the actual exercise of such right to the authority or Officer specified in
the said sub-section.
19. Power to confer upon licensee powers of telegraph authority under this Part.—The
Central Government may, by notification in the Official Gazette, confer upon any licensee under
section 4, in -
respect of the extent of his license and subject to any conditions and restrictions
which the 1
[Central Government] may think fit to impose and to the provisions of this Part, all or
airy of the powers which the telegraph authority possesses under this Part with regard to a
telegraph established or maintained by the Government or to be so established or maintained:
Provided that the notice prescribed in section 19A shall always be given to the telegraph authority or
officer empowered to receive notice under section 19A (1).]