The Indian Telegraph Act, 1885 (Central Act 13 of 1885)

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THE INDIAN TELEGRAPH ACT, 1885
____________
ARRANGEMENT OF SECTIONS
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PART I
PRELIMINARY
SECTIONS
1. Short title, local extent and commencement.
2. [ Repealed .].
3. Definitions .
PART II
PRIVILEGES AND POWERS OF THE GOVERNMENT
4. Exclusive privilege in respect of telegraphs, and power to grant licenses.
5. Power for Government to take possession of licensed telegraphs and to order interception of messages.
6. Power to establish telegraph on land of Railway Company.
6A. Power to notify rates for transmission of messages to countries outside India.
7. Power to make rules for the conduct of telegraphs.
7A. Saving of existing agreements.
7B. Arbitration of disputes.
8. Revocation of licenses.
9. Government not responsible for loss or damage.
PART IIA
UNIVERSAL SERVICE OBLIGATION FUND
9A. Establishment of Universal Service Obligation Fund.
9B. Crediting of sum to Consolidated Fund of India.
9C. Grants and loans by the Central Government.
9D. Administration and utilisation of Fund.
PART III
POWER TO PLACE TELEGRAPH LINES AND POSTS
10. Power for telegraph authority to place and maintain telegraph lines and posts.
11. Rower to enter on property in order to repair or remove telegraph lines or posts .
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.
13. Power for local authority to require removal or alteration of telegraph line or post.
14. Power to alter position of gas or water pipes or drains.
15. Disputes between telegraph authority and local authority.

Provisions applicable to other property
SECTIONS
16. Exercise of powers conferred by section 10, and disputes as to compensation, in case of property
other than that of a local authority.
17. Removal or alteration of telegraph line or post on property other than that of a local
authority.
18. Removal of trees interrupting telegraphic communication.
19. Telegraph lines and posts placed before the passing of this Ac t.
19A. Person exercising legal right likely to damage telegraph or interfere with telegraphic
communication to give notice.
19B. Power to confer upon licensee powers of telegraph authority under this Part.
PART IV
PENALTIES
20. Establishing, maintaining or working unauthorised telegraph. 20A. Breach of condition of license.
21. Using unauthori sed telegraphs.
22. Opposing establishment of telegraphs on railway land.
23. Intrusion into signal -room, trespass in telegraph office or obstruction.
24. Unlawfully attempting to learn contents of messages.
25. Intentionally damaging or tampering with telegraphs.
25A. Injury to or interference with a telegraph line or post.
26. Telegraph officer or other official making away with or altering, or unlawfully intercepting or
disclosing, messages, or divulging purport of signals.
27. Telegraph officer fraudulently sending messages without payment.
28. Misconduct.
29. [Repealed.].
29A. Penalty.
30. Retaining a message delivered by mistake.
31. Bribery.
32. Attempts to commit offences.
PART V
SUPPLEMENTAL PROVISION
33. Power to employ additional police in places where mischief to telegraphs is repeatedly
committed.
34. Application of Act to Presidency -towns.
35. [ Repealed .] .

THE INDIAN TELEGRAPH ACT, 1885
ACT NO. 13 OF 1885 1
[22nd July , 1885.]
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:—
PART I
PRELIMINARY
1. Short title, local extent and commencement .—(1) This Act may be called the Indian Telegraph
Act, 1885.
2[(2) It extends to whole of India 3***.]
(3) It shall come into force on the first day of October, 1885.
2. [Repeal and savings. ] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and the
Sch edule .
3. Definitions .—In this Act, unless there is something repug nant in the subject or context, —
4 [(1) “Fund ” means the Universal Service Obligation Fund established under
sub -section ( 1) of section 9A;
(1A) “Universal Service Obligation ” means the 5 [obligation to provide access to
telegraph services] to pe ople in the rural and remote areas at affordable and reasonable
prices;]
6[ 7[(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 Her tzian 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 8 [the Central
Government] or by a person licensed under this Act;
(3) “message ” means any communication sent by telegraph, or g iven 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 th erewith for the purpose of fixing or insulating the same;

1. The Act has been extended to the Union territory of Goa, Daman and Diu, vide Notification No. S.O. 2735 dated
1-9-1962, see Gazette of India, Extraordinary, Pt. II, sec. 3(ii), p. 1991 -92 (w.e.f. 1 -9-1962), extended to and
brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I (w.e.f. 1 -7-1965) and to the whole
of the Union territory of Lakshadweep by Reg. 8 of 1965, s. 3 and Sch. (w.e.f. 1 -10-196 7).
2. Subs. by Act 45 of 1948, s. 2, for sub -section ( 2).
3. The words “except the State of Hyderabad” rep. by Act 3 of 1951, s. 3 and the Sch edule . Earlier these
words were inserted by the A.O. 1950.
4. Ins. by Act 8 of 2004, s. 2 (w.e.f. 1-4-2002).
5. Subs. by Act 57 of 2006, s. 2, for “obligation to provide access to basic telegraph services” (w.e.f. 30-10-2006).
6. Subs. by Act 15 of 1961, s. 2, for clause ( 1).
7. Clause (1) renumbered as clause (1AA) thereof by Act 8 of 2004, s. 2 (w.e.f. 1-4-2002).
8. Subs. by the A.O. 1937, for “the Govt.”.
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(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 1[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 2[the Central or any State Government] with, the
control or management of any municipal or local fund.
3* * * * *
PART II
PRIVILEGES AND POWERS OF THE GOVERNMENT
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 wi reless telegraphs within any pa rt 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 Sch edule. Earlier clause ( 8) was ins erted 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 Passports Act, 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 this behalf.
(4) If any person who is granted a licens e 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 nor the Aadhaar 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 sat isfied 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, fo r 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 d o 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 t ime to time, by notification in the Official Gazette, make rules 1 consistent wi th 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, th e 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 an y 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 o f 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, applian ce
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 fo r 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 p rejudice 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 fo r telegraphic
communication; and all rights and obligations thereunder relating to such establish ment, 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).
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7B. Arbitration of disputes .—(1) Except as oth erwise 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 shal l 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 li cense
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.
2[PART IIA
UNIVERSAL SERVICE OBLIGATION FUND
9A. Establishment of Universal Service Obligation Fund .—(1) On and from the
commencement of the Indian Telegraph (Amendment) Act, 2003 (8 of 200 4), there shall be
established, for the purposes of this Act, a Fund to be called the “Universal Service Obligation
Fund ”.
(2) The Fund shall be under the control of the Central Government and t here shall be
credited thereto —
(a) any sums of money paid under section 9B;
(b) any grants and loans made by the Central Government under section 9C.
(3) The balance to the credit of the Fund shall not lapse at the end of the financial year.
9B. Crediting of sum to Consolidated Fund of India .—The sums of money received towards the
Universal Service Obligation under section 4 shall first be credited to the Consolidated Fund of India, and
the Central Government may, if Parliament by appropriation made by law in this behalf so provides,
credit suc h proceeds to the Fund from time to time for being utilised exclusively for meeting the
Universal Service Obligation.
9C. Grants and loans by the Central Government .—The Central Government may, after due
appropriation made by Parliament by law in this beha lf, credit by way of grants and loans such sums of
money as that Government may consider necessary in the Fund.
9D. Administration and utilisation of Fund .—(1) The Central Government shall have the power to
administer the Fund in such manner as may be prescribed by rules made under this Act.
(2) The Fund shall be utilised exclusively for meeting the Universal Service Obligation.
(3) The Central Government shall be responsible for the co -ordination and ensuring timely utilisation
and release of sums in accordance with the criteria as may be prescribed by rules made under this Act.]
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 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 t ime, 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 con trol 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 h ave 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.”.

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 dispute s 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 ma y, 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 part ies have in writing admitted the am ount 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 ar e entitled to s hare 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 l ine 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 par t 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 requisi tion, 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 applicat ion 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 pas sing 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 p laced 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 co mplied 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, o n 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 im minent 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 p owers 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 establishe d 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).]

1. Subs. by the A.O. 1937, for “Govt.”
2. Ins. by Act 7 of 1914, s. 5.

P A R T IV
PE N A L T I E S
1 [20. Establishing, maintaining or working unauthori sed telegraph .—(1) If any person
establishes, maintains or works a telegraph within 2[India] in contravention of the provisions of
section 4 or otherwise tlian as permitted by rules made under that section, he shall be punished, if the
telegraph is a wireless telegraph, with imprisonment which may extend to three years, or with fine, or
with both, and, in any other case, with a fine which may extend to one thousand rupees.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 189 8),
offences under this section in respect of a wireless telegraph shall, for the purposes of the said Code, be
bailable and non-cognizable.
(3) When any person is convicted of an offence punishable under this section, the Court before which
he is convicted may direct that the telegraph in respect of which the offence has been committed, or any
part of such telegraph, be forfeited to Government.]
3 [20A. Breach of condition of license .—If the holder of a license granted under section 4
contravenes any condit ion contained in his license, he shall be punished with fine which may extend to
one thousand rupees, and with a further fine which may extend to five hundred rupees for every week
during which the breach of the condition continues.]
21. Using unauthori sed telegraphs .—If any person, knowing o r having , reason to believe that a
telegraph has been established or is maintained or worked, in contravention of this Act, transmits or
receives any message by such telegraph, or performs any service incidental thereto , or delivers any
message for transmission by such telegraph or accepts delivery of any message sent thereby, he shall
be punished with fine which may extend to fifty rupees.
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 which may extend to one thousand rupees for everyday during which the neglect or
refusal continues.
23. Instruction 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 this Act, or
(b) enters a fenced enclosure round such a telegraph office in contravention of any rule or notice
not to do so, or
(c) refuses to quit such room or enclosure on being requested to do so by any officer or servant
employed therein, or
(d) wilfully obstructs or im pedes any such officer or servant in the performance of his
duty,
he shall be punished with fine which may extend to five hundred rupees.
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 punishable under this Act, he may (in addition to the fine with which he is
punishable under section 23) be punished with imprisonment for a term which may extend to one year.
25. Intentionally damaging or tampering with telegraphs. —If any person intending —
(a) to prevent or obstruct the transmission or delivery of any message, or

1. Subs. by Act 7 of 1914, s. 6, for section 20.
2. Subs. by Act 45 of 1948, s. 3, for “the Provinces”.
3. Ins. by Act 7 of 1914 , s. 7 .

(b) to intercept or to acquaint himself with the contents of any message , or
(c) to commit mischief,
damages, removes, tampers with or touches any battery, machinery, telegraph line, post or
other thing whatever, being part of or used in or about any telegraph or in the working
thereof,
he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with
both.
1[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 wilfully or negligently damages any
telegraph line or post duly placed on such property in accordance with the provisions of this Act, he
shall be liable to pay the telegraph authority such expenses (if any) as may be incurred in making
good such damage, and shall also, if the telegraphic communication is by reason of the damage so
caused interrupted, be punishable with a fine which may extend to one thousand rupe es:
Provided that the provisions of this section shall not apply where such damage or interruption is
caused by a person dealing with any property in the legal exercise of a right if he has complied with
the provisions of section 19A (1).]
26. Telegraph officer or other official making away with or altering, or unlawfully inter cepting
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
office,—
(a) wilfully secretes makes away with or alters any message which he has received for
transmission or delivery, or
(b) wilfully, and otherwise than in obedience to an order of the Central Government or of a
State Government, or of an officer specially authorized 2[by the Central or a State Government]
to make the order, omits to transmit, or intercepts or detains, any message or any part thereof,
or otherwise than in pursuance of his official duty or in obedienc e to the direction of a
competent Court, discloses the contents or any part of the contents of any message, to any
person not entitled to receive the same, or
(c) divulges the purport of any telegraphic signal to any person not entitled to become acquainte d
with the same,
he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with
both.
27. Telegraph officer fraudulently sending messages without payment. —If any telegraph
officer transmits by telegraph any message on which the charge prescribed by the 3 [Central
Government], or by a person licensed under this Act, as the case may be, has not been paid,
intending thereby to defraud the 3[Central Government] o r that person, he shall be punished with
imprisonment for a term which may extend to three years, or with fine, or with both.
28. Misconduct. —If any telegraph officer, or any person not being a telegraph officer but
having official duties connected with an y office which is used as a telegraph office, is guilty of any
act of drunkenness, carelessness or other misconduct whereby the correct transmission or the
delivery of any message is impeded or delayed, or if any telegraph officer loiters or delays in the
transmission or delivery of any message, he shall be punished with imprisonment for a term which
may extend to three months, or with fine which may extend to one hundred rupees, or with both.
29. [Sending fabricated mes

Excerpt shown. Open the full act in Lexace.

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