Sections Particulars
Part I Preliminary
1 Short title, local extent and commencement
(1) This Act may be called the Indian Telegraph Act, 1885. 1[(2) It extends to the whole of India 2[* * *].] (3) It shall come into force on the first day of O...
2 Repeal and saving
[Rep. by the Repealing Act, 1938] ...
3 Definitions
In this Act, unless there is something repugnant in the subject or context,- 3[(1) "telegraph" means any appliance, instrument, material or apparatus used or ...
Part II Privileges And Powers Of The Government
4 Exclusive privilege in respect of telegraphs, and power to grant licenses
6[(1) Within 1[India], the Central Government shall have the exclusive privilege of establishing, maintaining and working telegraphs: that the Central Governm...
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 speciall...
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 ...
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 message sh...
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 rules consistent with this Act for the conduct of all or any ...
7A Saving of existing agreements
Nothing in section 7 shall authorized the making of any rules determining any agreement entered into by the Central Government with any person before the comm...
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 auth...
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 o...
9 Government not responsible for loss or damage
The 15[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...
Part III Power To Place Telegraph Lines And Posts
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 propert...
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 unde...
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 impo...
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 a...
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 ...
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 s...
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 Dist...
17 Removal or alteration of telegraph 1ine 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 up...
Provisions Applicable To All Property
18 Removal of trees interrupting telegraphic communication
(1) If any tree standing or lying near a telegraph line interrupts, or is likely to interrupt, telegraphic communication, a Magistrate of the first or second ...
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 establ...
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 ...
19B 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 sub...
Part IV Penalties
20 Establishing, maintaining or working unauthorized telegraph
(1) If any person establishes, maintains or works a telegraph within 1[India] in contravention of the provisions of section 4 or otherwise than as permitted ...
20A Breach of condition of license
If the holder of a license granted under section 4 contravenes any condition contained in his license, he shall be punished with fine which may extend to one...
21 Using unauthorized telegraphs
If any person, knowing or having reason to believe that a telegraph has been established or is maintained or worked in contravention of this Act, transmits or...
22 Opposing establishment of telegraphs on railway land
If a railway company, or an officer of a railway company, neglects or refuses to comply with the provisions of section 6, it or he shall be punished with fine...
23 Intrusion into signal-room, trespass in telegraph office or obstruction
If any person- (a) without permission of competent authority, enters the signal-room of a telegraph office of the government, or of a person licensed under th...
24 Unlawfully attempting to learn contents of messages
If any person does any of the acts mentioned in section 23 with the intention of unlawfully learning the contents of any message, or of committing any offence...
25 Intentionally damaging or tampering with telegraphs
If any person, intending- (a) to prevent or obstruct the transmission or delivery of any message, or (b) to intercept or to acquaint himself with the contents ...
25A Injury to or interference with a telegraph line or post
If, in any case not provided for by section 25, any person deals with any property and thereby willfully or negligently damages any telegraph line or post du...
26 Telegraph officer or other official making away with or altering, or unlawfully intercepting or disclosing messages, or divulging purport of signals
If any telegraph officer, or any person, not being a telegraph officer but having official duties connected with any office which is used as a telegraph offic...
27 Telegraph officer fraudulently sending messages without payment
If any telegraph officer transmits by telegraph any message on which the charge prescribed by the 16[Central Government], or by a person licensed under this A...
28 Misconduct
If any telegraph officer, or any person not being a telegraph officer but having official duties connected with any office which is used as a telegraph office...
29 [Omitted by Act 33 of 1971, w.e.f. 10-8-1971]
29A Penalty
If Any person, without due authority- (a) makes or issues any document of a nature reasonably calculated to cause it to be believed that the document has been...
30 Retaining a message delivered by mistake
If any person fraudulently retains, or willfully secretes, makes away with or detains a message which ought to have been delivered to some other person, or, b...
31 Bribery
A telegraph officer shall be deemed a public servant within the meaning of sections 161, 162, 163, 164 and 165 of the Indian Penal Code, 1860 (45 of 1860); an...
32 Attempts to commit offences
Whoever attempts to commit any offence punishable under this Act shall be punished with the punishment herein provided for the offence. ...
Part V Supplemental Provisions
33 Power to employ additional police in places where mischief to telegraphs is repeatedly committed
(1) Whenever it appears to the State Government that any act causing or likely to cause wrongful damage to any telegraph is repeatedly and maliciously committ...
34 Application of Act to Presidency-towns
(1) This Act, in its application to the Presidency-towns, shall be read as if for the words "District Magistrate" in section 16, sub-section (1), and section...
35 Reference to certain laws of Part B States
[Rep. by Part B States (Laws) Act, 1951] Foot Notes 1 Substituted by Act No. 45 of 1948. 2 The words "except the State of Hyderabad" inserted by the AO 1950, ...
Have a Legal Issue?
Get connected to the Best Lawyers and Chartered Accountants Near You!