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  "title": "Wireless Telegraphy Act, 1933",
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  "text": "Page 1 of 5 \r\n \r\n \r\nTHE WIRELESS TELEGRAPHY ACT, 1933 \r\n \r\n \r\nCONTENTS \r\n1 Short title, extent and commencement. \r\n2 Definitions. \r\n3 Prohibition of possession of wireless telegraphy apparatus without license. \r\n4 Power of Federal Government to exempt persons from provisions of the Act. \r\n5 Licenses. \r\n6 Offence and penalty. \r\n7 Power of search. \r\n8 Apparatus confiscated or having no owner to be property of Federal Government \r\n9 [Repealed.] \r\n10 Power of Federal Government to make rules \r\n11 Saving of Telegraph Act, 1885 \r\n  \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n\r\n \r\nPage 2 of 5 \r\n \r\nTHE WIRELESS TELEGRAPHY ACT, 1933 \r\n1ACT No. XVII OF 1933 \r\n[11th September, 1933] \r\nAn Act to regulate the possession of wireless telegraphy apparatus. \r\nWHEREAS it is expedient to regulate the possession of wirel ess telegraphy apparatus in \r\n2[Pakistan];  \r\nIt is hereby enacted as follows: \r\n1.  Short title, extent and commencement .—(1) This Act may be called the 3* Wireless \r\nTelegraphy Act, 1933. \r\n4[(2) It extends to the whole of Pakistan.] \r\n(3) It shall come into force on such date5 as the 6[Federal Government] may, by notification in \r\nthe 7[official Gazette], appoint. \r\n2.  Definitions. In this Act, unless there is anything repugnant in the subject or context,­ \r\n(1) “wireless communication” means the making, transmitting or receiving of \r\ntelegraphic, telephonic or other communications by means of electricity or \r\nmagnetism without the use of wires or other continuous electrical conductors \r\nbetween the transmitting and the receiving apparatus; \r\n(2) “wireless telegraphy apparatus” means any apparatus, appliance, instrument or \r\nmaterial used or capable of use in wireless communication, and includes 8[video \r\nrecording or reproducing apparatus 6[television broadcast receiving satellite \r\nantenna] and] any article determined by rule made under section 10 to be \r\nwireless telegraphy apparatus, but does not include any such apparatus, \r\nappliance, instrument or material commonly used for other electrical purposes, \r\nunless it has been specially designed or adapted for wireless communication or \r\nforms part of some apparatus, appliance, instrument or material specially so  \r\ndesigned or adapted, nor any article determined by rule made under section 10 \r\nnot to be wireless telegraphy apparatus; and \r\n1For Statement of Objects and Reasons, see Gazette of India, 1933, Pt.V, page 8. \r\nThe Act has been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950); and applied in the \r\nFederated Areas of Baluchistan, see Gazette of India, 1937, Pt.I, p.1499. \r\nIt has also been extended to the ___ \r\n(i) Baluchistan States Union by the Baluchistan States Union (Federal Laws) (Extension) Order, 1953 (G.G.O. 4 of 1953),as ameded; \r\n(ii) Khairpur State by the Khairpur (Federal Laws) (Extension) Order, 1953 (G.G.O. 5 of 1953), as amended; and \r\n(iii) State of Bahawalpur by G.G.O. 11 of 1953 as amended. \r\nThe Act has been and shall be deemed to has been brought into force in Gwadur with effect from the 8th September, 1958, by the Gwadur (Application \r\nof Central Laws) Ordinance, 1960 (37 of 1960),s.2. \r\nThe Act, rules, notification and orders under it, have been applied, subject to certain modification, to the Tribal Areas or to the parts of those areas to \r\nwhich they have not been already applied, see the Tribal Areas (Application of Acts) Regulation, 1965, see Gazette of P.,1965, Ext., pp.1016­1018. \r\n2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955), for “the \r\nProvinces and the Capital of the Federation” which had been subs. by A.O., 1949, for “British India”. \r\n3The word “Indian” omitted by A.O., 1949. \r\n4Subs. by Ordinance 21 of 1960, s.3 and 2nd Sch. (with effect from the 14th October, 1955), for the original sub­section (2), as amended by A.O., 1949 \r\nand Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 8. \r\n5The 1st January,1934: see Gazette of India, 1933, Pt.I, p.1131. \r\n6Ins. by Act VII of 1940,s.3. \r\n7Subs.by A.O., 1937, for “Gazette of India”. \r\n8Ins. by the Finance Ordinance, 1984 (28 of 1984), s.2. \r\n \r\nPage 3 of 5 \r\n \r\n(3) “prescribed” means prescribed by rules made under section 10. \r\n3. Prohibition of possession of wireless telegraphy apparatus without license . Save as \r\nprovided by section 4, no person shall possess wireless telegraphy apparatus except under and in \r\naccordance with a license issued under this Act. \r\n4. Power of Federal Government to exempt persons from provisions of the Act .—The \r\n1[Federal Government] may by rules made under this Act exempt any person or any class of persons \r\nfrom the provisions of this Act either generally or subject to prescribed conditions, or in respect of \r\nspecified wireless telegraphy apparatus. \r\n5. Licenses.—2[(1)] 3[The Director­General, Pakistan Post Office, or an officer authorized by \r\nhim in this behalf,] shall be the authority competent to issue licenses to possess wireless telegraphy \r\napparatus under this Act, and may issue licenses in such manner, on such conditions and subject to \r\nsuch payments as may be prescribed 4[:] \r\n5[Provided that where, by an agreement with the Pakistan Television Corporation Limited, the \r\n6[Federal Government] appoints the Corporation to be its  agent in the matter of issuing licenses to \r\npossess television receiving apparatus, 6[broadcast receiving satellite antenna] 7[ and video recording \r\nor reproducing apparatus] the authority competent to issue licenses to possess such apparatus shall be \r\nthe Chairman of that Corporation or a person authorized by him in this behalf, who may issue licenses \r\nin such manner, on such conditions and subject to such payments as may be prescribed.] \r\n9[(2) Notwithstanding anything contained in section 4 of the Telegraph Act, 1885 (XIII of \r\n1885), no licence under that Act shall be necessary for the possession of a television rec eiving \r\napparatus 3[or television broadcast receiving satellite antenna] for possessing which a licence issued \r\nunder this Act is for the time being in force.] \r\n6. Offence and penalty .—(1) Whoever possesses any w ireless telegraphy apparatus in \r\ncontravention of the provisions of section 3 shall be punished, in the case of the first offence, with fine \r\nwhich may extend to one hundred rupees, and, in the case of a second or subsequent offence, with fine \r\nwhich may extend to two hundred and fifty rupees. \r\n(2) For the purposes of this section a Court may presume that a person possesses wireless \r\ntelegraphy apparatus if such apparatus is under his ostensible charge, or is located in any premises or \r\nplace over which he has effective control. \r\n \r\n \r\n1Subs. by F.A.O., 1975, Art.2 and Table, for “Central Government” which was previously amended by A.O.,1937, for “G.G. in C.”. \r\n2Re­numbered by the Wireless Telegraphy (Amdt.) Ordinance, 1970 (10 of 1970), s.2 (w.e.f. 1st January, 1970). \r\n3Subs. by the Posts and Telegraphs (Amdt.) Act, 1962 (5 of 1962),s.4, for “The telegraph authority constituted under the Telegraph Act, 1885,” (with \r\neffect from the 1st July, 1962). \r\n4Subs. by Ord.10 of 1970, s.2 for full­stop. \r\n5Proviso added by the Wireless Telegraphy (Amdt.) Ordinance, 1970 (10 of 1970),s.2 (w.e.f. 1st Jan,1970). \r\n6Ins. by Act No.VII of 1990,s.3. \r\n7Ins. by the Finance Ordinance, 1984 (28 of 1984), s.2. \r\n9Sub­section (2) added by Ord. 10 of 1970, s.2, (with effect from 1st January, 1970). \r\n  \r\n \r\n \r\nPage 4 of 5 \r\n \r\n(3) If in the trial of an offence under this section the accused is convicted the Court shall decide \r\nwhether any apparatus in respect of which an offence has been committed should be confiscated, and, \r\nif it so decides, may order confiscation accordingly. \r\n 7. Power of search.—(1) 1* * * A Magistrate of the first class or a  Magistrate of the second \r\nclass specially empowered by the 2[Federal Government] in this behalf, may issue a warrant for the \r\nsearch, at any time between sunrise and sunset, of any building, vessel or place in which he has reason \r\nto believe that any wireless telegraphy apparatus, in respect of which an offence punishable under \r\nsection 6 has been committed, is kept or concealed. \r\n(2) The officer to whom the search warrant under sub­section (1) is addre ssed may enter into \r\nany building, vessel or place mentioned in the warrant and seize any wireless telegraphy apparatus in \r\nrespect of which he had reason to believe an offence under section 6 has been committed. \r\n8. Apparatus confiscated or having no owner to be property of Federal Government.  All \r\nwireless telegraphy apparatus confiscated under the provisions of sub­section (3) of section 6, and all \r\nwireless telegraphy apparatus having no ostensible owner shall be the property of the 2[Federal \r\nGovernment]. \r\n9. [Power of Court to direct payment of fines to prescribed authority.] Rep. by A.O., 1937. \r\n10. Power of Federal Government to make rules.—(1) The 1[Federal Government] may, by \r\nnotification in the 3[official Gazette], make rules for the purpose of carrying into effect the provisions \r\nof this Act. \r\n(2) In particular and without prejudice to the generality of the foregoing power, such rules may \r\nprovide for \r\n(i)  determining that any article or class of articles shall be or shall not b e wireless \r\ntelegraphy apparatus for the purposes of this Act; \r\n(ii)  the exemption of persons or classes of persons under section 4 from the \r\nprovisions of this Act; \r\n(iii)  the manner of and the conditions governing the issue, renewal, suspension and \r\ncancellation of licenses, the form of licenses and the payments to be made for \r\nthe issue and renewal of licenses; \r\n(iv)  the maintenance of records containing details of the acquisition and disposal by \r\nsale or otherwise of wireless telegraphy apparatus possessed b y dealers in \r\nwireless telegraphy apparatus; \r\n(v) the conditions governing the sale of wireless telegraphy apparatus by dealers \r\nin and manufacturers of such apparatus ; 4* \r\n \r\n \r\n1The words “A Presidency Magistrate, or” omitted by A.O., 1949. \r\n2Subs. by F.A.O., 1975, Art.2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “G.G. in C.”. \r\n3Subs. by A.O., 1937, for “Gazette of India”. \r\n4For the India Wireless Telegraphy (Possession) Rules, 1933, made under this section, see Gazette of India, 1933, Pt. I, p.1131. For the Wireless \r\nTelegraphy (Possession) Rules, 1957, see Gazette of P., 1957, Pt.I, pp.167­169. \r\n \r\n \r\nPage 5 of 5 \r\n \r\n1* * * * * * * \r\n(3) In making a rule under this section the 1[Federal Government] may direct that a breach of \r\nit shall be punishable with fine which may extend to one hundred rupees. \r\n11. Saving of Telegraph Act, 1885.—Nothing in this Act contained shall authorise the doing \r\nof anything prohibited under the Telegraph Act, 1885, and 2[except as provided in sub­section (2) of \r\nsection 5,] no license issued under this Act shall authorise any person to do anything for the doing of \r\nwhich a license or permission under the Telegraph Act, 1885, is necessary. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1The word “and” and clause (vi) omitted by the Repealing and Amending Act, 1940 (32 of 1940), s.2 and 1st Sch. \r\n2Subs. by F.A.O., 1975, Art.2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “G.G. in C.”. \r\n3Ins. by the Wireless Telegraphy (Amdt.) Ordinance, 1970 (10 of 1970), s.3 (with effect from 1st January, 1970).",
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