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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 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.]

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. Earl ier clause (8) was inserted by the A.O. 1950.

4. Sect ion 4 renumbered as sub- sect ion (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. Subs. by Act 38 of 1972, s. 2, for section 5.

Indian Telegraph Act, 1885 Back

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