Section 1. Short title, local extent and commencement

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 Schedule. 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). (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.]]