Report No. 38

93. Recommendation regarding section 5, Telegraph Act.-

We have considered the provisions of section 5, Telegraph Act, which are similar to section 26, Post Office Act. Our recommendation as to section 5 of the Indian Telegraph Act1 is as follows:-

(a) Section 5(1)(b) of the Telegraph Act may be similarly amended, i.e. on the lines on which section 26, Post Office Act is to be amended2.

(b) Section 5(2) of the Telegraph Act may be omitted, for the same reason for which section 26(2), Post Office Act is to be omitted.

(c) As a result, section 5, Indian Telegraph Act3 should be amended to run somewhat on these lines4,-

"5. Power for Government to take possession of licensed telegraphs and to order interception of messages.-On the occurrence of any public emergency, or in the interest of 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-

(a) take temporary possession of any telegraph established, maintained or worked by any person licensed under this Act; or

(b) order 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 an order under clause (b) may be passed only when such order is required in the interests of the security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission, of any offence."

1. The Indian Telegraph Act, 1885 (13 of 1885).

2. See paras. 83-86, supra, as to the section 26, Post Office Act.

3. Indian Telegraph Act, 1885 (13 of 1885).

4. This is a rough draft only.