Telegraphs Act, 1885
Stored extracted text; legal completeness and current force have not been independently established. Inspect source and version details
Reading view reduces excess blank space and hides page extraction markers. Original text and downloads are retained.
Reading layout follows the stored source. Open the original transcription below to compare wording and extraction details.
TELEGRAPH ACT, 1885
THE TELEGRAPH ACT, 1885
*1Act NO. XIII OF 1885
[22nd July, 1885] An Act to amend the law relating to Telegraphs in 2[Pakistan]
WHEREAS it is expedient to amend the law relating to telegraphs in 3[Pakistan]; It is hereby enacted as follows:—
PART I
PRELIMINARY
Section 1. Short title, local extent and commencement
(1) This Act may be called the 4[*] Telegraph Act, 1885.
5[(2) It extends to the whole of Pakistan, and it applies also to 6[all citizens of Pakistan and persons in the service of Government wherever they may be.]]
(3) It shall come into force on the first day of October, 1885.
Section 2. 7[Repealed]
Section 3. Definitions
In this Act, unless there is something repugnant in the subject or context,—
8[(1) “telegraph” means any apparatus, equipment or plant used for transmitting, emitting, making or receiving signs, signals, writing, speech, sound or intelligence of any nature by wire, radio or visual or electromagnetic system:]
(2) “telegraph officer” means any person employed either permanently or temporarily in connection with a telegraph established, maintained or worked by 9[the 10[Federal Government]] or by a person licensed under this Act:
*The Act was repealed by Ord. LI of 1994, but the same has been revived by Ord. No. LXIII of 1995, s.33.
1This Act was declared to be in force in Baluchistan by the British Baluchistan Laws Regulation, 1913 (II of 1913), s. 3 and Sch.
It has also been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G. G. O. III of 1950); and applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499. It has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., subject to certain modi- fications; and also extended to the Excluded Area of Upper Tanawal (N.W.F.P.) other than Phulera with effect from such date and subject to such modifications as may be notified, see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950.
2Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), s. 4 and 3rd Sch., for “India”.
3Subs. by A.O., 1949, Sch., for “India”.
4The word “Indian” omitted by A. O.,1949, Sch.
5Subs. by A. O., 1949, Sch.,
6Subs. by A. O., 1961, Art. 2 and Sch.,
7Rep. by the Repealing Act, 1938 (I of 1938) s. 2 and Sch.
8Subs. by Act No. LXVII of 1975, s. 2, for the existing clause (1).
9Subs. by A. O., 1937, for “the Govt”.
10Subs. by Act No. LXVII of 1975, s. 2, for “Central Government”.
1[(3) “message” means any communication, whether in written, printed, pictorial or spoken form, transmitted, emitted, made, received or delivered by telegraph or given to a telegraph officer to be transmitted or emitted, and includes all contents thereof;
(4) “telegraph line” means a wire or cable used for the purpose of telegraph, including any casing, coating, tube, tunnel, duct or pipe enclosing the same, and includes any apparatus connected therewith :]
(5) “post” means a post, pole, standard, stay, strut or other 2[* *] contrivance for carrying, suspending or supporting a telegraph line 3[and includes masts and towers required for telegraph]:
(6) “telegraph authority” means the 4[Director-General, Pakistan Telegraph and Telephone Department], 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 5[the 6[Federal] or any Provincial Government] with, the control or management of any municipal or local fund 7[:]
8[(8) “works” means a manhole, cabinet, housing for cable repeater or radio repeater or any other structure above or under the ground, required for a post or telephone line:]
PART II
PRIVILEGESAND POWERS OF THE GOVERNMENT
Section 4. Exclusive privilege in respect of telegraphs, and power to grant licenses
9[(1)] Within 10[Pakistan], the 11[Federal Government] shall have the exclusive privilege of establishing, maintaining and working telegraphs:
Provided that the 11[Federal Government] may grant a license, on such conditions and in consideration of such payments as 12[it] thinks fit, to any person to establish, maintain or work a telegraph within any part of 10[Pakistan]:
1Subs. by Act No. LXVII of 1975, s. 3 for the original clauses (3) and (4).
2The words “above ground”, omitted ibid. 3Added ibid.
4Subs. by the Posts and Telegraphs (Amdt.) Act, 1962 (V of 1962), s. 2 (1), for “Director General of [Posts and Telegraphs]”.
5Subs. by A. O., 1937, for “Govt”.
6Subs. by F. A. O., 1975, Art. 2 and Table for “Central”.
7Subs. by Act No. LXVII of 1975, s. 3, for full stop.
8Added ibid. 9Section. 4 was renumbered as s. 4 (1) by the Indian Telegraph (Amdt.) Act, 1914 (VII of 1914), s. 4.
10Subs. by A. O., 1949, Sch. for “British Indian”.
11Subs. by A.O., 1937, for “Gazette of India”.
12Subs. by A. O., 1937, for “he”.
1[Provided further that the 2[Federal Government] may, by rules made under this Act and published in the 3[official Gazette], permit, subject to such restrictions and conditions as 4[it] thinks fit, the establishment, maintenance and working—
(a) of wireless telegraphs on ships within 5[Pakistan] territorial waters 6[and on aircraft within or above 7[Pakistan], or 5[Pakistan] territorial waters], and
(b) of telegraphs other than wireless telegraphs within any part of 7[Pakistan].
(2) The 2[Federal Government] may, by notification in the 3[official Gazette], delegate to the telegraph authority all or any of 8[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 2[Federal Government] may, by the notification, think fit to impose.]
Section 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 9[Federal Government] or a 10[Provincial Government], or any officer specially authorized in this behalf l1[by the 9[Federal Government] or a Provincial 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 12[the Government making the order] or an officer thereof mentioned in the order.
(2) If any doubt arises as to the existence of a public emergency, or whether any act done under sub-section (1) was in the interest of the public safety, 13[a certificate of the 9[Federal Government] or, as the case may be, the Provincial Government] shall be conclusive proof on the
point. 1Second proviso and sub-section (2) were added to that section by the Indian Telegraph (Amdt.) Act, 1914 (VII of 1914), s. 4.
2Subs. by Act No. LXVII of 1975, s. 2, for “Central Government”.
3Subs. A.O., 1937 for “Gazette of India”.
4Subs. by A. O., 1937, for “he”.
5Subs. by A. O., 1949, Sch., for “Indian”.
6Ins. by the Indian Telegraph (Amdt.) Act, 1930 (27 of 1930).
7Subs. by A, O., 1949, Sch., for “British India”.
8Subs. by A. O., 1937, for “his”.
9Subs. by Act No. LXVII of 1975, s. 4.
10Subs.A.O., 1937 for “L.G.”.
11Subs. by A. O., 1937, for “by the G. G. in C.”.
12Subs.by A. O., 1937, for “the Govt.”.
13Subs. ibid., for, “a certificate signed by a Secretary to the G. of I or to the L. G.”.
Section 6. Power to establish telegraph on land of Railway Company
1[The Railway Administration], on being required so to do by the 2[Federal Government], shall permit the Government to establish and maintain a telegraph upon any part of the land 3[under the management or control of the Administration], and shall give every reasonable facility for working the same.
Section 7. Power to make rules for the conduct of telegraphs
(1) The 2[Federal Government] may, from time to time, by notification in the 4[official Gazette], make rules consistent with 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;
(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 officers 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) When making rules for the conduct of any telegraph established, maintained or worked by any person licensed under this Act, the 2[Federal 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 day 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).
1Subs. by Act No. LXVII of 1975, s. 5, for “Any Railway Company”. .
2Subs. by Act No. LXVII of 1975, s. 2, for “Central Government”
3Subs. by Act No. LXVII of 1975, s. 5, for “of the Company”.
4Subs. by A. O.,1937, for “Gazette of India”.
[1] Section 7A. Recovery of dues in respect of telegraph, etc
If any person does not pay any sum due from him under this Act in respect of any telegraph or message, the sum so due may, on application made by the telegraph authority in this behalf, be recovered from such person, as if it were a fine imposed under this Act by any Magistrate having jurisdiction where that person may for the time being be resident; and the telegraph authority may further direct that any message, 2[* * *] not being on Pakistan State Service, addressed to that person, shall be withheld from him until the sum so due is paid or recovered as aforesaid.]
Section 8. Revocation of licenses
The 3[Federal Government] may, at any time, revoke any license granted under section 4, on the breach of any of the conditions therein contained, or in default of payment of any consideration payable thereunder.
Section 9. Government not responsible for loss or damage
The 4[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.
PART III
POWERS TO PLACE TELEGRAPH LINES AND POSTS
Section 10. Power for telegraph authority to place and maintain telegraph lines and posts
5[The telegraph authority may place, set up, repair, alter and maintain or cause to be placed, set up, repaired, altered and maintained a telegraph line, post or works under, over, along, across or through any land, seashore, road, stream, water or any immovable property, may break, excavate and remove soil to the extent and depth required for placing or removing telegraph line, post or works, and, for the purpose of constructing or maintaining a telegraph line or post, may dig earth, stone and gravel and fell trees].
Provided that—
(a) the telegraph authority shall not exercise the powers conferred by this section except for the purposes of a telegraph established or maintained by the 3[Federal Government], or to be so established or maintained;
(b) the 3[Federal 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; and
1Ins. by Act No. XXV of 1957, s. 2.
2Omitted by Act No. LXVII of 1975, s. 6.
3Subs. by Act No. LXVII of 1975, s. 2, for “Central Government”
4Subs. by A. O., 1961, Art. 2, for “Crown”.
5Subs. by Act No. LXVII of 1975, s. 7, for certain words.
(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.
Section 11. Power to enter on property in order to repair or remove telegraph lines or posts
The telegraph authority may, at any time, for the purpose of examining, repairing, altering or removing any telegraph line 1[, post or works], 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 Control or Management of Local Authorities.
Section 12. Power for local authority to give permission under section 10, clause (c), subject to conditions
2[(1)] 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 [ : ]3 4[Provided that, notwithstanding anything contained in any other law for the time being in force, the local authority shall not impose any condition which requires the telegraph authority to pay rent or royalty for setting up or placing a telegraph line over, across, along or through the property of that authority. ] 4[(2) Any dispute regarding the amount of the expenses payable by the telegraph authority under sub-section (1) shall be determined in accordance with section 15:
Provided that permission to the telegraph authority shall not be withheld on account of such dispute.]
1Subs. by Act No. LXVII of 1975, s. 8, for “or post” 2Re-numbered, as sub-section (1) of that section, ibid., s. 9.
3Subs. by Act No. LXVII of 1975, s. 9, for full-stop.
4Added ibid.
Section 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 1[, post or works] 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 have arisen since the telegraph line 1[, post or works] 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.
Section 14. Power to alter position of gas or water pipes or drains
The telegraph authority may, for the purpose of exercising the power 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 on 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.
Section 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 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 2[Federal 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 1[Federal Government]; and the order of the 2[Federal Government] shall be final.
Provisions applicable to other Property
Section 16. Exercise of powers conferred by section 10, and disputes 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 may, in his discretion, order that the telegraph authority shall be permitted to exercise them.
1Subs by Act No. LXVII of 1975), s. 10, for “or post”.
2Subs. by Act No. LXVII of 1975, s. 2, for “Central Government”.
(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 Pakistan Penal Code (XLV 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 or as to the proportions in which the persons interested are 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 parties have in writing admitted the amount 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 are entitled to share 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.
Section 17. Removal or alteration of telegraph line or post on property other than that of a local authority
(1) When, under the foregoing provisions of this Act, a telegraph line if 1[, post or works] 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 part 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 requisition, 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.
(3) A District Magistrate receiving an application under sub-section (2) may, in his discretion, reject the same or make an order absolutely or subject to conditions, for the removal of
1Subs. by Act No. LXVII of 1975, s.11 for “or post”.
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
Section 18. Removal of trees interrupting telegraphic communication
(1) If any tree 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.
Section 19. Telegraph lines and posts placed before the passing of this Act
Every telegraph line 1[, post or works] 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 2[Federal Government], shall be deemed to have been placed in exercise of the powers conferred by, and after observance of all the requirements of, this Act.
[3] Section 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 4[, post or works] 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 complied 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 4[, post or works], or to interrupt or interfere with telegraphic communication, a Magistrate of the first or second class may, on 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 imminent 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.]
1Subs. by Act No. LXVII of 1975, s. 12, for “or post”.
2Subs. ibid., s. 2, for “Central Government”.
3Ins. by the Indian Telegraph (Amdt.) Act, 1914 (VII of 1914), s. 5.
4Subs. by Act No. LXVII of 1975, s. 12, for “or post”.
[1] Section 19B. Power to confer upon licensee powers of telegraph authority under this Part
The 2[Federal Government] may, by notification in the 3[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 2[Federal Government] may think fit to impose and to the provisions of this Part, all or any 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 established 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).]
PART IV
PENALTIES
[4] Section 20. Establishing, maintaining or working unauthorized telegraph
(1) If any person establishes, maintains or works a telegraph within 5[Pakistan] in contravention of the provisions of section 4 or otherwise than 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 (V of 1898), 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 6[Government].
[7] Section 20A. Breach of condition of license
If the holder of a license granted under section 4 contravenes any condition 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.]
Section 21. Using unauthorized telegraphs
If any person, knowing or 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.
1Ins. by the Indian Telegraph (Amdt.) Act, 1914 (VII of 1914), s. 5.
2Subs. by Act No. LXVII of 1975, s. 2, for “Central Government”.
3Subs. by A. O., 1937, for “Gazette of India”.
4Subs. by the Indian Te1egrnph (Amdt.) Act, 1914 (VII of 1914), s. 6, for the original section.
5Subs. by A. O., 1949, Sch., for “British India”.
6Subs. by A.O., 1961, Art, 2, for “His Majesty” (with effect from the 23rd March, 1956).
7Ins. by the Indian Telegraph (Amdt.) Act, 1914 (VII of 1914), s. 7.
Section 22. Opposing establishment of telegraphs on railway land
If 1[the Railway Administration] or an officer of 1[the Railway Administration] 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 every day during which the neglect or refusal continues.
Section 23. Intrusion into signal-room, trespass in telegraph Office or obstruction
If any person— 2[(a) without permission of competent authority, enters a building, or a portion thereof, housing equipment belonging to the telegraph authority or to 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 impedes any such officer or servant in the performance of his duty, he shall be punished with fine which may extend to five hundred rupees.
Section 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.
Section 25. Intentionally damaging or tampering with telegraphs
If any person, intending—
(a) to prevent or obstruct the transmission or delivery of any message, or
(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.
1Subs. by Act No. LXVII of 1975, s. 14, for “a Railway Company”.
2Subs. ibid.. s. 15 for clause “(a)”.
l[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 2[,post or works] 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 rupees:
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).]
[3] Section 25B. Theft of telegraph line
If any person commits theft of a telegraph line, copper wire, cable or cable accessory, he shall be punished with rigorous imprisonment for a term which is not less than one year and not more than seven years and also with fine.
Explanation.___In this section, “theft” has the same meaning as in the Pakistan Penal Code (Act XLV of 1860).
Section 25C. Penalty for tampering, etc., of telegraph line
Any person, including a telegraph officer, who tampers with or uses a telegraph line or telegraph in order to cause wrongful loss to the Government or to any subscriber or to cause wrongful gain to any subscriber or any other person shall, without prejudice to any action which the telegraph authority is competent to take under this Act, be punishable with rigorous imprisonment for a term which is not less than one year and not more than seven years, with or without fine.
Section 25D. Penalty for causing annoyance, etc
Any person, including a telegraph officer, who uses any telephone, public or private, for causing annoyance or intimidation to any person, whether a subscriber or not, or for obnoxious calls shall, without prejudice to any other action which the telegraph authority is competent to take under this Act, be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.
Section 25E. Application of Chapter XX, Act V of 1898
The provisions of Chapter XX of the Code of Criminal Procedure, 1898 (Act V of 1898), shall apply to the trial of offences punishable under this Act.
Section 25F. Burden of proof in certain cases
Any person who is found to be in possession of, or having under his control, without lawful authority, telegraph line, copper wire, cable or cable accessory of a kind notified by the telegraph authority to be generally used by the Pakistan Telegraph and Telephone Department shall, unless he proves that he has such authority, be deemed to have committed the offence punishable under section 25B.]
1Ins. by the Indian Telegraph (Amdt.) Act, 1914 (VII of 1914), s. 8.
2Subs. by Act No. LXVII of 1975, s. 16, for “or post”.
3Ins. ibid., s.17.
Section 26. Telegraph officer or other official making away with or altering or unlawfully intercepting 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 1[Federal Government] or of a 2[Provincial Government], or of an officer specially authorized 3[by the 4[Federal] or a Provincial 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 obedience 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 acquainted with the same, he shall be punished with imprisonment for a term which may extend to three years or with fine, or with both.
Section 27. Telegraph officer fraudulently sending messages without payment
If any telegraph officer transmits by telegraph any message on which the charge prescribed by the 1[Federal Government], or by a person licensed under this Act, as the case may be, has not been paid, intending thereby to defraud the 1[Federal Government] or that person, he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.
Section 28. Misconduct
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, 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.
[6] Section 29. Sending fabricated or obscene messages
any person transmits or causes to be transmitted by telegraph a message which he knows or has reason to believe to be false or fabricated, or a message which is indecent or obscene, he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.]
1Subs. by Act No. LXVII of 1975, s. 2, for “Central Government”.
2Subs. by A.O., 1937, for “L. G,”.
3Subs. ibid., for “by the G.G. in C.” .
4Subs. by F. A.O., 1975. Art. 2 and Table, for “Central”.
5Subs. by Act No. LXXVII of 1950, s. 2, for the original section 29.
[1] Section 29A. Penalty
If any person, without due authority,—
(a) makes or issues any document of a nature reasonably calculated to cause it to be believed that the document has been issued by, or under the authority of, the 2[Director General, Pakistan Telegraph and Telephone Department], or
(b) makes on any document any mark in imitation of, or similar to, or purporting to be, any stamp or mark of any Telegraph Office under the 2[Director General, Pakistan Telegraph and Telephone Department], or a mark of a nature reasonably calculated to cause it to be believed that the document so marked has been issued by, or under the authority of, the 2[Director General, Pakistan Telegraph and Telephone Department], he shall be punished with fine which may extend to fifty rupees.]
Section 30. Retaining a message delivered by mistake
If any person fraudulently retains, or wilfully secretes, makes away with or detains a message which ought to have been delivered to some other person, or, being required by a telegraph officer to deliver up any such message, neglects or refuses to do so, he shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.
Section 31. Bribery
A telegraph officer shall be deemed a public servant within the meaning of sections 161, 162, 163, 164 and 165 of the Pakistan Penal Code (XLV of 1860); and in the definition of “legal remuneration” contained in the said section 161, the word “Government” shall, for the purposes of this Act, be deemed to include a person licensed under this Act.
Section 32. Attempts to commit offences
Whoever attempts to commit any offence punishable under this Act shall be punished with the punishment herein provided for the offence.
PART V
SUPPLEMENTAL PROVISIONS
Section 33. Power to employ additional police in places where mischief to telegraphs is repeatedly committed
(1) Whenever it appears to the 3[Provincial Government] that any act causing or likely to cause wrongful damage to any telegraph is repeatedly and maliciously committed in any place, and that the employment of an additional police-force in that place is thereby rendered necessary, the 3[Provincial Government] may send such additional police-force as it thinks fit to the place, and employ the same therein so long as, in the opinion of that Government, the necessity of doing so continues.
(2) The inhabitants of the place shall be charged with the cost of the additional police-force, and the District Magistrate shall, subject to the orders of the 3[Provincial Government], assess the proportion in which the cost shall be paid by the inhabitants according to his judgment of their respective means.
1Ins. by the Indian Telegraph (Amdt.) Act, 1914 (VII of 1914), s. 9.
2Subs. by the Posts and Telegraphs (Amdt.) Act, 1962 (V of 1962), s. 2, for “Director General of [posts and Telegraphs]”
3Subs. by A.O.,1937, for “L. G.”.
(3) All moneys payable under sub-section (2) shall be recoverable either under the warrant of a Magistrate by distress and sale of the moveable property of the defaulter within the local limits of his jurisdiction, or by suit in any competent Court.
(4) The l[Provincial Government] may, by order in writing, define the limits of any place for the purposes of this section.
Section 34. [Omitted].
_______
186994
Date: 11-11-2024
1Subs. by A.O.,1937, for “L. G.”.
2Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Sch. II
Print contents from the source
CONTENTS PART I PRELIMINARY 1. Short title, local extent and commencement 2. [Repealed] 3. Definitions PART II PRIVILEGESAND 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 7. Power to make rules for the conduct of telegraphs 7A. Recovery of dues in respect of telegraph, etc. 8. Revocation of licenses 9. Government not responsible for loss or damage Page 2 of 18 PART III POWERS TO PLACE TELEGRAPH LINES AND POSTS 10. Power for telegraph authority to place and maintain telegraph lines and posts. 11. Power to enter on property in order to repair or remove telegraph lines or posts. 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 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 Act 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 20. Establishing, maintaining or working unauthorized telegraph 20A. Breach of condition of license 21. Using unauthorized 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 25B. Theft of telegraph line 25C. Penalty for tampering, etc., of telegraph line 25D. Penalty for causing annoyance, etc. Page 3 of 18 25E. Application of Chapter XX, Act V of 1898 25F. Burden of proof in certain cases 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. Sending fabricated or obscene messages 29A. Penalty 30. Retaining a message delivered by mistake 31. Bribery 32. Attempts to commit offences PART V SUPPLEMENTAL PROVISIONS 33. Power to employ additional police in places where mischief to telegraphs is repeatedly committed 34. [Omitted]
Compare the original stored transcription
Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 1de39f08a59866f79c719fcfe34fab586f8edae3606c00fa96b1062c2c02994d.
Page 1 of 18 TELEGRAPH ACT, 1885 CONTENTS PART I PRELIMINARY 1. Short title, local extent and commencement 2. [Repealed] 3. Definitions PART II PRIVILEGESAND 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 7. Power to make rules for the conduct of telegraphs 7A. Recovery of dues in respect of telegraph, etc. 8. Revocation of licenses 9. Government not responsible for loss or damage Page 2 of 18 PART III POWERS TO PLACE TELEGRAPH LINES AND POSTS 10. Power for telegraph authority to place and maintain telegraph lines and posts. 11. Power to enter on property in order to repair or remove telegraph lines or posts. 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 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 Act 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 20. Establishing, maintaining or working unauthorized telegraph 20A. Breach of condition of license 21. Using unauthorized 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 25B. Theft of telegraph line 25C. Penalty for tampering, etc., of telegraph line 25D. Penalty for causing annoyance, etc. Page 3 of 18 25E. Application of Chapter XX, Act V of 1898 25F. Burden of proof in certain cases 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. Sending fabricated or obscene messages 29A. Penalty 30. Retaining a message delivered by mistake 31. Bribery 32. Attempts to commit offences PART V SUPPLEMENTAL PROVISIONS 33. Power to employ additional police in places where mischief to telegraphs is repeatedly committed 34. [Omitted] Page 4 of 18 THE TELEGRAPH ACT, 1885 *1Act NO. XIII OF 1885 [22nd July, 1885] An Act to amend the law relating to Telegraphs in 2[Pakistan] WHEREAS it is expedient to amend the law relating to telegraphs in 3[Pakistan]; It is hereby enacted as follows:— PART I PRELIMINARY 1. Short title, local extent and commencement.—(1) This Act may be called the 4[*] Telegraph Act, 1885. 5[(2) It extends to the whole of Pakistan, and it applies also to 6[all citizens of Pakistan and persons in the service of Government wherever they may be.]] (3) It shall come into force on the first day of October, 1885. 2. 7[Repealed] 3. Definitions.— In this Act, unless there is something repugnant in the subject or context,— 8[(1) “telegraph” means any apparatus, equipment or plant used for transmitting, emitting, making or receiving signs, signals, writing, speech, sound or intelligence of any nature by wire, radio or visual or electromagnetic system:] (2) “telegraph officer” means any person employed either permanently or temporarily in connection with a telegraph established, maintained or worked by 9[the 10[Federal Government]] or by a person licensed under this Act: *The Act was repealed by Ord. LI of 1994, but the same has been revived by Ord. No. LXIII of 1995, s.33. 1This Act was declared to be in force in Baluchistan by the British Baluchistan Laws Regulation, 1913 (II of 1913), s. 3 and Sch. It has also been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G. G. O. III of 1950); and applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499. It has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., subject to certain modi- fications; and also extended to the Excluded Area of Upper Tanawal (N.W.F.P.) other than Phulera with effect from such date and subject to such modifications as may be notified, see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950. 2Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), s. 4 and 3rd Sch., for “India”. 3Subs. by A.O., 1949, Sch., for “India”. 4The word “Indian” omitted by A. O.,1949, Sch. 5Subs. by A. O., 1949, Sch., 6Subs. by A. O., 1961, Art. 2 and Sch., 7Rep. by the Repealing Act, 1938 (I of 1938) s. 2 and Sch. 8Subs. by Act No. LXVII of 1975, s. 2, for the existing clause (1). 9Subs. by A. O., 1937, for “the Govt”. 10Subs. by Act No. LXVII of 1975, s. 2, for “Central Government”. Page 5 of 18 1[(3) “message” means any communication, whether in written, printed, pictorial or spoken form, transmitted, emitted, made, received or delivered by telegraph or given to a telegraph officer to be transmitted or emitted, and includes all contents thereof; (4) “telegraph line” means a wire or cable used for the purpose of telegraph, including any casing, coating, tube, tunnel, duct or pipe enclosing the same, and includes any apparatus connected therewith :] (5) “post” means a post, pole, standard, stay, strut or other 2[* *] contrivance for carrying, suspending or supporting a telegraph line 3[and includes masts and towers required for telegraph]: (6) “telegraph authority” means the 4[Director-General, Pakistan Telegraph and Telephone Department], 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 5[the 6[Federal] or any Provincial Government] with, the control or management of any municipal or local fund 7[:] 8[(8) “works” means a manhole, cabinet, housing for cable repeater or radio repeater or any other structure above or under the ground, required for a post or telephone line:] PART II PRIVILEGESAND POWERS OF THE GOVERNMENT 4. Exclusive privilege in respect of telegraphs, and power to grant licenses. __9[(1)] Within 10[Pakistan], the 11[Federal Government] shall have the exclusive privilege of establishing, maintaining and working telegraphs: Provided that the 11[Federal Government] may grant a license, on such conditions and in consideration of such payments as 12[it] thinks fit, to any person to establish, maintain or work a telegraph within any part of 10[Pakistan]: 1Subs. by Act No. LXVII of 1975, s. 3 for the original clauses (3) and (4). 2The words “above ground”, omitted ibid. 3Added ibid. 4Subs. by the Posts and Telegraphs (Amdt.) Act, 1962 (V of 1962), s. 2 (1), for “Director General of [Posts and Telegraphs]”. 5Subs. by A. O., 1937, for “Govt”. 6Subs. by F. A. O., 1975, Art. 2 and Table for “Central”. 7Subs. by Act No. LXVII of 1975, s. 3, for full stop. 8Added ibid. 9Section. 4 was renumbered as s. 4 (1) by the Indian Telegraph (Amdt.) Act, 1914 (VII of 1914), s. 4. 10Subs. by A. O., 1949, Sch. for “British Indian”. 11Subs. by A.O., 1937, for “Gazette of India”. 12Subs. by A. O., 1937, for “he”. Page 6 of 18 1[Provided further that the 2[Federal Government] may, by rules made under this Act and published in the 3[official Gazette], permit, subject to such restrictions and conditions as 4[it] thinks fit, the establishment, maintenance and working— (a) of wireless telegraphs on ships within 5[Pakistan] territorial waters 6[and on aircraft within or above 7[Pakistan], or 5[Pakistan] territorial waters], and (b) of telegraphs other than wireless telegraphs within any part of 7[Pakistan]. (2) The 2[Federal Government] may, by notification in the 3[official Gazette], delegate to the telegraph authority all or any of 8[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 2[Federal Government] may, by the notification, think fit to impose.] 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 9[Federal Government] or a 10[Provincial Government], or any officer specially authorized in this behalf l1[by the 9[Federal Government] or a Provincial 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 12[the Government making the order] or an officer thereof mentioned in the order. (2) If any doubt arises as to the existence of a public emergency, or whether any act done under sub-section (1) was in the interest of the public safety, 13[a certificate of the 9[Federal Government] or, as the case may be, the Provincial Government] shall be conclusive proof on the point. 1Second proviso and sub-section (2) were added to that section by the Indian Telegraph (Amdt.) Act, 1914 (VII of 1914), s. 4. 2Subs. by Act No. LXVII of 1975, s. 2, for “Central Government”. 3Subs. A.O., 1937 for “Gazette of India”. 4Subs. by A. O., 1937, for “he”. 5Subs. by A. O., 1949, Sch., for “Indian”. 6Ins. by the Indian Telegraph (Amdt.) Act, 1930 (27 of 1930). 7Subs. by A, O., 1949, Sch., for “British India”. 8Subs. by A. O., 1937, for “his”. 9Subs. by Act No. LXVII of 1975, s. 4. 10Subs.A.O., 1937 for “L.G.”. 11Subs. by A. O., 1937, for “by the G. G. in C.”. 12Subs.by A. O., 1937, for “the Govt.”. 13Subs. ibid., for, “a certificate signed by a Secretary to the G. of I or to the L. G.”. Page 7 of 18 6. Power to establish telegraph on land of Railway Company.—1[The Railway Administration], on being required so to do by the 2[Federal Government], shall permit the Government to establish and maintain a telegraph upon any part of the land 3[under the management or control of the Administration], and shall give every reasonable facility for working the same. 7. Power to make rules for the conduct of telegraphs.—(1) The 2[Federal Government] may, from time to time, by notification in the 4[official Gazette], make rules consistent with 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; (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 officers 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) When making rules for the conduct of any telegraph established, maintained or worked by any person licensed under this Act, the 2[Federal 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 day 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). 1Subs. by Act No. LXVII of 1975, s. 5, for “Any Railway Company”. . 2Subs. by Act No. LXVII of 1975, s. 2, for “Central Government” 3Subs. by Act No. LXVII of 1975, s. 5, for “of the Company”. 4Subs. by A. O.,1937, for “Gazette of India”. Page 8 of 18 1[7A. Recovery of dues in respect of telegraph, etc.—If any person does not pay any sum due from him under this Act in respect of any telegraph or message, the sum so due may, on application made by the telegraph authority in this behalf, be recovered from such person, as if it were a fine imposed under this Act by any Magistrate having jurisdiction where that person may for the time being be resident; and the telegraph authority may further direct that any message, 2[* * *] not being on Pakistan State Service, addressed to that person, shall be withheld from him until the sum so due is paid or recovered as aforesaid.] 8. Revocation of licenses.—The 3[Federal Government] may, at any time, revoke any license 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 4[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. PART III POWERS TO PLACE TELEGRAPH LINES AND POSTS 10. Power for telegraph authority to place and maintain telegraph lines and posts. — 5[The telegraph authority may place, set up, repair, alter and maintain or cause to be placed, set up, repaired, altered and maintained a telegraph line, post or works under, over, along, across or through any land, seashore, road, stream, water or any immovable property, may break, excavate and remove soil to the extent and depth required for placing or removing telegraph line, post or works, and, for the purpose of constructing or maintaining a telegraph line or post, may dig earth, stone and gravel and fell trees]. Provided that— (a) the telegraph authority shall not exercise the powers conferred by this section except for the purposes of a telegraph established or maintained by the 3[Federal Government], or to be so established or maintained; (b) the 3[Federal 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; and 1Ins. by Act No. XXV of 1957, s. 2. 2Omitted by Act No. LXVII of 1975, s. 6. 3Subs. by Act No. LXVII of 1975, s. 2, for “Central Government” 4Subs. by A. O., 1961, Art. 2, for “Crown”. 5Subs. by Act No. LXVII of 1975, s. 7, for certain words. Page 9 of 18 (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 time, for the purpose of examining, repairing, altering or removing any telegraph line 1[, post or works], 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 Control or Management of Local Authorities. 12. Power for local authority to give permission under section 10, clause (c), subject to conditions.— 2[(1)] 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 [ : ]3 4[Provided that, notwithstanding anything contained in any other law for th e time being in force, the local authority shall not impose any condition which requires the telegraph authority to pay rent or royalty for setting up or placing a telegraph line over, across, along or through th e property of that authority. ] 4[(2) Any d ispute regarding the amount of the expenses payable by the telegraph authority under sub-section (1) shall be determined in accordance with section 15: Provided that permission to the telegraph authority shall not be withhe ld on account of such dispute.] 1Subs. by Act No. LXVII of 1975, s. 8, for “or post” 2Re-numbered, as sub-section (1) of that section, ibid., s. 9. 3Subs. by Act No. LXVII of 1975, s. 9, for full-stop. 4Added ibid. Page 10 of 18 13. Power for local authority to require removal or alteration of tele graph line or post.— When, under the foregoing provisions of this Act, a telegraph line 1[, post or works] 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 loca l authority, and the local authority, having regard to circumstances which have arisen since the tel egraph line 1[, post or works] was so placed, considers it expedient that it should be removed or that its position should be altered, the local authority m ay 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 power 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 on 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 th e 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 th e 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 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 2[Federal 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 1[Federal Government]; and the order of the 2[Federal Government] shall be final. Provisions applicable to other Property 16. Exercise of powers conferred by section 10, and disputes 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 may, in his discretion, order that the telegraph authority shall be permitted to exercise them. 1Subs by Act No. LXVII of 1975), s. 10, for “or post”. 2Subs. by Act No. LXVII of 1975, s. 2, for “Central Government”. Page 11 of 18 (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 Pakistan Penal Code (XLV 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 or as to the proportions in which the persons interested are 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 parties have in writing admitted the amount 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 are entitled to share 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 line or post on property other than that of a local authority.—(1) When, under the foregoing provisions of this Act, a telegraph line if 1[, post or works] 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 part 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 requisition, 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. (3) A District Magistrate receiving an application under sub-section (2) may, in his discretion, reject the same or make an order absolutely or subject to conditions, for the removal of 1Subs. by Act No. LXVII of 1975, s.11 for “or post”. Page 12 of 18 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 tree 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 passing of this Act.— Every telegraph line 1[, post or works] 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 2[Federal Government], shall be deemed to have been placed in exercise of the powers conferred by, and after observance of all the requirements of, this Act. 3[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 4[, post or works] 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 complied 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 4[, post or works], or to interrupt or interfere with telegraphic communication, a Magistrate of the first or second class may, on 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 imminent 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.] 1Subs. by Act No. LXVII of 1975, s. 12, for “or post”. 2Subs. ibid., s. 2, for “Central Government”. 3Ins. by the Indian Telegraph (Amdt.) Act, 1914 (VII of 1914), s. 5. 4Subs. by Act No. LXVII of 1975, s. 12, for “or post”. Page 13 of 18 1[19B. Power to confer upon licensee powers of telegraph authority under this Part.— The 2[Federal Government] may, by notification in the 3[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 2[Federal Government] may think fit to impose and to the provisions of this Part, all or any 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 established 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).] PART IV PENALTIES 4[20. Establishing , maintaining or working unauthorized telegraph. —(1) If any person establishes, maintains or works a telegraph within 5[Pakistan] in contravention of the provisions of section 4 or otherwise than 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 (V of 1898), 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 6[Government]. 7[20A. Breach of condition of license. —If the holder of a license granted under section 4 contravenes any condition 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 unauthorized telegraphs. —If any person, knowing or 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. 1Ins. by the Indian Telegraph (Amdt.) Act, 1914 (VII of 1914), s. 5. 2Subs. by Act No. LXVII of 1975, s. 2, for “Central Government”. 3Subs. by A. O., 1937, for “Gazette of India”. 4Subs. by the Indian Te1egrnph (Amdt.) Act, 1914 (VII of 1914), s. 6, for the original section. 5Subs. by A. O., 1949, Sch., for “British India”. 6Subs. by A.O., 1961, Art, 2, for “His Majesty” (with effect from the 23rd March, 1956). 7Ins. by the Indian Telegraph (Amdt.) Act, 1914 (VII of 1914), s. 7. Page 14 of 18 22. Opposing establishment of telegraphs on railway land.—If 1[the Railway Administration] or an officer of 1[the Railway Administration] 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 every day during which the neglect or refusal continues. 23. Intrusion into signal-room, trespass in telegraph Office or obstruction.—If any person— 2[(a) without permission of competent authority, enters a building, or a portion thereof, housing equipment belonging to the telegraph authority or to 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 impedes 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 (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. 1Subs. by Act No. LXVII of 1975, s. 14, for “a Railway Company”. 2Subs. ibid.. s. 15 for clause “(a)”. Page 15 of 18 l[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 2[,post or works] 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 rupees: 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).] 3[25B. Theft of telegraph line.—If any person commits theft of a telegraph line, copper wire, cable or cable accessory, he shall be punished with rigorous imprisonment for a term which is not less than one year and not more than seven years and also with fine. Explanation.___In this section, “theft” has the same meaning as in the Pakistan Penal Code (Act XLV of 1860). 25C. Penalty for tampering, etc., of telegraph line. —Any person, including a telegraph officer, who tampers with or uses a telegraph line or telegraph in order to cause wrongful loss to the Government or to any subscriber or to cause wrongful gain to any subscriber or any other person shall, without prejudice to any action which the telegraph authority is competent to take under this Act, be punishable with rigorous imprisonment for a term which is not less than one year and not more than seven years, with or without fine. 25D. Penalty for causing annoyance, etc. —Any person, including a telegraph officer, who uses any telephone, public or private, for causing annoyance or intimidation to any person, whether a subscriber or not, or for obnoxious calls shall, without prejudice to any other action which the telegraph authority is competent to take under this Act, be punishable with imprisonment for a term which may extend to three years, or with fine, or with both. 25E. Application of Chapter XX, Act V of 1898. —The provisions of Chapter XX of the Code of Criminal Procedure, 1898 (Act V of 1898), shall apply to the trial of offences punishable under this Act. 25F. Burden of proof in certain cases. —Any person who is found to be in possession of, or having under his control, without lawful authority, telegraph line, copper wire, cable or cable accessory of a kind notified by the telegraph authority to be generally used by the Pakistan Telegraph and Telephone Department shall, unless he proves that he has such authority, be deemed to have committed the offence punishable under section 25B.] 1Ins. by the Indian Telegraph (Amdt.) Act, 1914 (VII of 1914), s. 8. 2Subs. by Act No. LXVII of 1975, s. 16, for “or post”. 3Ins. ibid., s.17. Page 16 of 18 26. Telegraph officer or other official making away with or altering or unlawfully intercepting 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 1[Federal Government] or of a 2[Provincial Government], or of an officer specially authorized 3[by the 4[Federal] or a Provincial 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 obedience 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 acquainted 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 1[Federal Government], or by a person licensed under this Act, as the case may be, has not been paid, intending thereby to defraud the 1[Federal Government] or 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 any 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. 6[29. Sending fabricated or obscene messages. —any person transmits or causes to be transmitted by telegraph a message which he knows or has reason to believe to be false or fabricated, or a message which is indecent or obscene, he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.] 1Subs. by Act No. LXVII of 1975, s. 2, for “Central Government”. 2Subs. by A.O., 1937, for “L. G,”. 3Subs. ibid., for “by the G.G. in C.” . 4Subs. by F. A.O., 1975. Art. 2 and Table, for “Central”. 5Subs. by Act No. LXXVII of 1950, s. 2, for the original section 29. Page 17 of 18 1[29A. Penalty.— If any person, without due authority,— (a) makes or issues any document of a nature reasonably calculated to cause it to be believed that the document has been issued by, or under the authority of, the 2[Director General, Pakistan Telegraph and Telephone Department], or (b) makes on any document any mark in imitation of, or similar to, or purporting to be, any stamp or mark of any Telegraph Office under the 2[Director General, Pakistan Telegraph and Telephone Department], or a mark of a nature reasonably calculated to cause it to be believed that the document so marked has been issued by, or under the authority of, the 2[Director General, Pakistan Telegraph and Telephone Department], he shall be punished with fine which may extend to fifty rupees.] 30. Retaining a message delivered by mistake. —If any person fraudulently retains, or wilfully secretes, makes away with or detains a message which ought to have been delivered to some other person, or, being required by a telegraph officer to deliver up any such message, neglects or refuses to do so, he shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both. 31. Bribery. —A telegraph officer shall be deemed a public servant within the meaning of sections 161, 162, 163, 164 and 165 of the Pakistan Penal Code (XLV of 1860); and in the definition of “legal remuneration” contained in the said section 161, the word “Government” shall, for the purposes of this Act, be deemed to include a person licensed under this Act. 32. Attempts to commit offences. —Whoever attempts to commit any offence punishable under this Act shall be punished with the punishment herein provided for the offence. PART V SUPPLEMENTAL PROVISIONS 33. Power to employ additional police in places where mischief to telegraphs is repeatedly committed. ___(1) Whenever it appears to the 3[Provincial Government] that any act causing or likely to cause wrongful damage to any telegraph is repeatedly and maliciously committed in any place, and that the employment of an additional police-force in that place is thereby rendered necessary, the 3[Provincial Government] may send such additional police-force as it thinks fit to the place, and employ the same therein so long as, in the opinion of that Government, the necessity of doing so continues. (2) The inhabitants of the place shall be charged with the cost of the additional police-force, and the District Magistrate shall, subject to the orders of the 3[Provincial Government], assess the proportion in which the cost shall be paid by the inhabitants according to his judgment of their respective means. 1Ins. by the Indian Telegraph (Amdt.) Act, 1914 (VII of 1914), s. 9. 2Subs. by the Posts and Telegraphs (Amdt.) Act, 1962 (V of 1962), s. 2, for “Director General of [posts and Telegraphs]” 3Subs. by A.O.,1937, for “L. G.”. Page 18 of 18 (3) All moneys payable under sub-section (2) shall be recoverable either under the warrant of a Magistrate by distress and sale of the moveable property of the defaulter within the local limits of his jurisdiction, or by suit in any competent Court. (4) The l[Provincial Government] may, by order in writing, define the limits of any place for the purposes of this section. 34. [Omitted]. _______ 186994 Date: 11-11-2024 1Subs. by A.O.,1937, for “L. G.”. 2Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Sch. II
This law in the library
Follow the instruments and provisions named in this source edition, and the laws that cite it. Citation links identify the text being referred to; legal effect and current force require separate examination.
Instruments cited by this law 1
References to provisions in this text 25
Section 10
Open the identified operative provision
Read reference in context
raph lines and posts. 11. Power to enter on property in order to repair or remove telegraph lines or posts. 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 aut
Section 4
Open the identified operative provision
Read reference in context
m until the sum so due is paid or recovered as aforesaid.] 8. Revocation of licenses.—The 3[Federal Government] may, at any time, revoke any license 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 4[Government] shall not be responsible for
Section 10
Open the identified operative provision
Read reference in context
laced. 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.— 2[(1)] 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
Section 10
Open the identified operative provision
Read reference in context
ities. 12. Power for local authority to give permission under section 10, clause (c), subject to conditions.— 2[(1)] 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
Section 15
Open the identified operative provision
Read reference in context
authority. ] 4[(2) Any d ispute regarding the amount of the expenses payable by the telegraph authority under sub-section (1) shall be determined in accordance with section 15: Provided that permission to the telegraph authority shall not be withhe ld on account of such dispute.] 1Subs. by Act No. LXVII of 1975, s. 8, for “or post” 2Re-numbered, as sub-section (1) of that section, ibid., s.
Section 10
Open the identified operative provision
Read reference in context
hority. —(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 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 confe
Section 12
Open the identified operative provision
Read reference in context
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 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
Section 13
Open the identified operative provision
Read reference in context
in section 10, clause (c), or prescribing any condition under 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 2[Federal Government] may appoint either generally or specially in this behalf. (2) An appeal from t
Section 10
Open the identified operative provision
Read reference in context
e 1[Federal Government]; and the order of the 2[Federal Government] shall be final. Provisions applicable to other Property 16. Exercise of powers conferred by section 10, and disputes 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 resist
Section 10
Open the identified operative provision
Read reference in context
s conferred by section 10, and disputes 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 may, in his discretion, order that the telegraph authority shall be permitted to exercise them. 1Subs by
Section 10
Open the identified operative provision
Read reference in context
d an offence under section 188 of the Pakistan Penal Code (XLV 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 per
Section 10
Open the identified operative provision
Read reference in context
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 requisition, 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 s
Section 4
Open the identified operative provision
Read reference in context
on licensee powers of telegraph authority under this Part.— The 2[Federal Government] may, by notification in the 3[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 2[Federal Government] may think fit to impose and to the provisions of this Part, all or any of the powers which the telegraph
Section 19A
Open the identified operative provision
Read reference in context
under this Part with regard to a telegraph established or maintained by the Government or to be so established 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).] PART IV PENALTIES 4[20. Establishing , maintaining or working unauthorized telegraph. —(1) If any person
Section 19A(1)
Open the identified operative provision
Read reference in context
shed 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).] PART IV PENALTIES 4[20. Establishing , maintaining or working unauthorized telegraph. —(1) If any person establishes, maintains or works a telegraph within 5[Pakistan] in contravention of the provisions of section 4
Section 4
Open the identified operative provision
Read reference in context
aintaining or working unauthorized telegraph. —(1) If any person establishes, maintains or works a telegraph within 5[Pakistan] in contravention of the provisions of section 4 or otherwise than 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
Section 4
Open the identified operative provision
Read reference in context
e has been committed, or any part of such telegraph, be forfeited to 6[Government]. 7[20A. Breach of condition of license. —If the holder of a license granted under section 4 contravenes any condition 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 bre
Section 6
Open the identified operative provision
Read reference in context
t of telegraphs on railway land.—If 1[the Railway Administration] or an officer of 1[the Railway Administration] 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 every day during which the neglect or refusal continues. 23. Intrusion into signal-room, trespass in telegraph Office or obstruction.—If any
Section 23
Open the identified operative provision
Read reference in context
unished 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 imp
Section 23
Open the identified operative provision
Read reference in context
fully 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 me
Section 25
Open the identified operative provision
Read reference in context
. 2Subs. ibid.. s. 15 for clause “(a)”. Page 15 of 18 l[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 2[,post or works] duly placed on such property in accordance with the provisions of this Act, he shall be liable to pay the te
Section 19A(1)
Open the identified operative provision
Read reference in context
ot 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).] 3[25B. Theft of telegraph line.—If any person commits theft of a telegraph line, copper wire, cable or cable accessory, he shall be punished with rigorous imprisonment for a term which is not less than one year and not m
Section 25B
Open the identified operative provision
Read reference in context
used by the Pakistan Telegraph and Telephone Department shall, unless he proves that he has such authority, be deemed to have committed the offence punishable under section 25B.] 1Ins. by the Indian Telegraph (Amdt.) Act, 1914 (VII of 1914), s. 8. 2Subs. by Act No. LXVII of 1975, s. 16, for “or post”. 3Ins. ibid., s.17. Page 16 of 18 26. Telegraph officer or other official making away
Section 29
Open the identified operative provision
Read reference in context
“L. G,”. 3Subs. ibid., for “by the G.G. in C.” . 4Subs. by F. A.O., 1975. Art. 2 and Table, for “Central”. 5Subs. by Act No. LXXVII of 1950, s. 2, for the original section 29. Page 17 of 18 1[29A. Penalty.— If any person, without due authority,— (a) makes or issues any document of a nature reasonably calculated to cause it to be believed that the document has been issued by, or under th
Section 161
An operative target heading has not been identified. Read the source passage
Read reference in context
thin the meaning of sections 161, 162, 163, 164 and 165 of the Pakistan Penal Code (XLV of 1860); and in the definition of “legal remuneration” contained in the said section 161, the word “Government” shall, for the purposes of this Act, be deemed to include a person licensed under this Act. 32. Attempts to commit offences. —Whoever attempts to commit any offence punishable under this Act shall be
Cited instruments not matched in this library 4
Explore this law in the whole-library map · Download this law’s relationship evidence · Download preserved source record
Original-source comparison
Original-source character comparison matched under the recorded normalization
Open the compared original source
Source comparison checks the identified transcription and edition. The law's current force, later amendments and territorial application require separate legal review.
Comparison evidence
- Stored text SHA-256
- 1de39f08a59866f79c719fcfe34fab586f8edae3606c00fa96b1062c2c02994d
- Original source SHA-256
- ba853b18c9d3147bac54967fb81782918efb35536d6c9b58e211081230c95f4d
- Comparison method
- Complete exact non-whitespace character stream after NFKC, quotation-mark equivalents and soft-hyphen removal. Word boundaries and PDF line-layout differences remain separately described.
Source, version and text details
- Recorded title
- Telegraphs Act, 1885
- Source collection
- Federal — this does not establish territorial applicability.
- Recorded version
- Not supplied in this record
- Source snapshot
- Not supplied in this record
- Legal status
- not independently verified
- Text quality
- Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.
- Recorded quality flags
- No additional flags recorded
- Stable record
- pk-code-ee4becbad491956b
- Content extent
- Legal completeness not independently established
- Integrity scope
- Stored UTF-8 text and TXT download bytes checked against their recorded hash. This does not establish legal authenticity or currency.
- Passage offsets
- zero-based Unicode code points and UTF8 bytes; end exclusive
- Stored text SHA-256
- 1de39f08a59866f79c719fcfe34fab586f8edae3606c00fa96b1062c2c02994d