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  "title": "Telegraphs Act, 1885",
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  "text": "Page 1 of 18 \r\n \r\n \r\n \r\n \r\n \r\nTELEGRAPH ACT, 1885 \r\n \r\n \r\n \r\nCONTENTS \r\nPART I \r\nPRELIMINARY \r\n1.  Short title, local extent and commencement \r\n2.  [Repealed]  \r\n3.  Definitions \r\nPART II \r\nPRIVILEGESAND POWERS OF THE GOVERNMENT \r\n4.  Exclusive privilege in respect of telegraphs, and power to grant licenses \r\n5.  Power for Government to take possession of licensed telegraphs and to order interception of \r\nmessages \r\n6.  Power to establish telegraph on land of Railway Company \r\n7.  Power to make rules for the conduct of telegraphs \r\n7A.  Recovery of dues in respect of telegraph, etc. \r\n8.  Revocation of licenses \r\n9.  Government not responsible for loss or damage \r\n \r\n\r\n \r\n \r\nPage 2 of 18 \r\n \r\nPART III \r\nPOWERS TO PLACE TELEGRAPH LINES AND POSTS \r\n10.  Power for telegraph authority to place and maintain telegraph lines and posts. \r\n11.  Power to enter on property in order to repair or remove telegraph lines or posts.  \r\n12.  Power for local authority to give permission under section 10, clause (c), subject to \r\nconditions \r\n13.  Power for local authority to require removal or alteration of telegraph line or post \r\n14.  Power to alter position of gas or water pipes or drains \r\n15.  Disputes between telegraph authority and local authority \r\n17.  Removal or alteration of telegraph line or post on property other than that of a local authority \r\n18.  Removal of trees interrupting telegraphic communication \r\n19.  Telegraph lines and posts placed before the passing of this Act \r\n19A.  Person exercising legal right likely to damage telegraph or interfere with telegraphic \r\ncommunication to give notice \r\n19B.  Power to confer upon licensee powers of telegraph authority under this  \r\n20.  Establishing, maintaining or working unauthorized telegraph \r\n20A.  Breach of condition of license \r\n21.  Using unauthorized telegraphs \r\n22.  Opposing establishment of telegraphs on railway land \r\n23.  Intrusion into signal-room, trespass in telegraph Office or obstruction \r\n24.  Unlawfully attempting to learn contents of messages \r\n25.  Intentionally damaging or tampering with telegraphs \r\n25A.  Injury to or interference with a telegraph line or post \r\n25B.  Theft of telegraph line \r\n25C.  Penalty for tampering, etc., of telegraph line \r\n25D.  Penalty for causing annoyance, etc. \r\n \r\n \r\nPage 3 of 18 \r\n \r\n25E.  Application of Chapter XX, Act V of 1898 \r\n25F.  Burden of proof in certain cases \r\n26.  Telegraph officer or other official making away with or altering or unlawfully intercepting or \r\ndisclosing messages, or divulging purport of signals \r\n27.  Telegraph officer fraudulently sending messages without payment \r\n28.  Misconduct \r\n29.  Sending fabricated or obscene messages \r\n29A.  Penalty \r\n30.  Retaining a message delivered by mistake \r\n31.  Bribery \r\n32.  Attempts to commit offences \r\nPART V \r\nSUPPLEMENTAL PROVISIONS \r\n33.  Power to employ additional police in places where mischief to telegraphs is repeatedly \r\ncommitted \r\n34.  [Omitted]  \r\n \r\n \r\nPage 4 of 18 \r\n \r\nTHE TELEGRAPH ACT, 1885 \r\n *1Act NO. XIII OF 1885  \r\n[22nd July, 1885] \r\nAn Act to amend the law relating to Telegraphs in 2[Pakistan] \r\n WHEREAS it is expedient to amend the law relating to telegraphs in 3[Pakistan]; It is hereby \r\nenacted as follows:— \r\nPART I \r\nPRELIMINARY \r\n  1. Short title, local extent and commencement.—(1) This Act may be called the 4[*] \r\nTelegraph Act, 1885. \r\n 5[(2) It extends to the whole of Pakistan, and it applies also to 6[all citizens of Pakistan and \r\npersons in the service of Government wherever they may be.]] \r\n (3) It shall come into force on the first day of October, 1885. \r\n 2. 7[Repealed] \r\n 3. Definitions.— In this Act, unless there is something repugnant in the subject or context,— \r\n 8[(1) “telegraph” means any apparatus, equipment or plant used for transmitting, emitting, \r\nmaking or receiving signs, signals, writing, speech, sound or intelligence of any nature by wire, radio \r\nor visual or electromagnetic system:] \r\n (2) “telegraph officer” means any person employed either permanently or temporarily in \r\nconnection with a telegraph established, maintained or worked by 9[the 10[Federal Government]] or \r\nby a person licensed under this Act: \r\n \r\n \r\n*The Act was repealed by Ord. LI of 1994, but the same has been revived by Ord. No. LXIII of 1995, s.33. \r\n1This Act was declared to be in force in Baluchistan by the British Baluchistan Laws Regulation, 1913 (II of 1913), s. 3 and Sch. \r\nIt 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 \r\nFederated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499. \r\nIt 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- \r\nfications; 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 \r\nmodifications as may be notified, see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950. \r\n2Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), s. 4 and 3rd Sch., for “India”. \r\n3Subs. by A.O., 1949, Sch., for “India”. \r\n4The word “Indian” omitted by A. O.,1949, Sch. \r\n5Subs. by A. O., 1949, Sch.,  \r\n6Subs. by A. O., 1961, Art. 2 and Sch., \r\n7Rep. by the Repealing Act, 1938 (I of 1938) s. 2 and Sch. \r\n8Subs. by Act No. LXVII of 1975, s. 2, for the existing clause (1). \r\n9Subs. by A. O., 1937, for “the Govt”. \r\n10Subs. by Act No. LXVII of 1975, s. 2, for “Central Government”. \r\n \r\n \r\nPage 5 of 18 \r\n \r\n 1[(3) “message” means any communication, whether in written, printed, pictorial or spoken \r\nform, transmitted, emitted, made, received or delivered by telegraph or given to a telegraph officer to \r\nbe transmitted or emitted, and includes all contents thereof; \r\n (4) “telegraph line” means a wire or cable used for the purpose of telegraph, including any \r\ncasing, coating, tube, tunnel, duct or pipe enclosing the same, and includes any apparatus connected \r\ntherewith :] \r\n (5) “post” means a post, pole, standard, stay, strut or other 2[* *] contrivance for carrying, \r\nsuspending or supporting a telegraph line 3[and includes masts and towers required for telegraph]: \r\n (6) “telegraph authority” means the 4[Director-General, Pakistan Telegraph and Telephone \r\nDepartment], and includes any officer empowered by him to perform all or any of the functions of \r\nthe telegraph authority under this Act: \r\n (7) “local authority” means any municipal committee, district board, body of port \r\ncommissioners or other authority legally entitled to, or entrusted by 5[the 6[Federal] or any Provincial \r\nGovernment] with, the control or management of any municipal or local fund 7[:] \r\n 8[(8) “works” means a manhole, cabinet, housing for cable repeater or radio repeater or any \r\nother structure above or under the ground, required for a post or telephone line:] \r\nPART II \r\nPRIVILEGESAND POWERS OF THE GOVERNMENT \r\n 4. Exclusive privilege in respect of telegraphs, and power to grant licenses. __9[(1)] Within \r\n10[Pakistan], the 11[Federal Government] shall have the exclusive privilege of establishing, \r\nmaintaining and working telegraphs: \r\n Provided that the 11[Federal Government] may grant a license, on such conditions and in \r\nconsideration of such payments as 12[it] thinks fit, to any person to establish, maintain or work a \r\ntelegraph within any part of 10[Pakistan]: \r\n \r\n1Subs. by Act No. LXVII of 1975, s. 3 for the original clauses (3) and (4). \r\n2The words “above ground”, omitted ibid. \r\n3Added ibid. \r\n4Subs. by the Posts and Telegraphs (Amdt.) Act, 1962 (V of 1962), s. 2 (1), for “Director General of [Posts and Telegraphs]”. \r\n5Subs. by A. O., 1937, for “Govt”. \r\n6Subs. by F. A. O., 1975, Art. 2 and Table for “Central”. \r\n7Subs. by Act No. LXVII of 1975, s. 3, for full stop. \r\n8Added ibid. \r\n9Section. 4 was renumbered as s. 4 (1)  by the Indian Telegraph (Amdt.) Act, 1914 (VII of 1914), s. 4. \r\n10Subs. by A. O., 1949, Sch.  for “British Indian”. \r\n11Subs. by A.O., 1937, for “Gazette of India”. \r\n12Subs. by A. O., 1937, for “he”. \r\n \r\n \r\nPage 6 of 18 \r\n \r\n 1[Provided further that the 2[Federal Government] may, by rules made under this Act and \r\npublished in the 3[official Gazette], permit, subject to such restrictions and conditions as 4[it] thinks \r\nfit, the establishment, maintenance and working— \r\n(a)  of wireless telegraphs on ships within 5[Pakistan] territorial waters 6[and on \r\naircraft within or above 7[Pakistan], or 5[Pakistan] territorial waters], and \r\n(b)  of telegraphs other than wireless telegraphs within any part of 7[Pakistan]. \r\n (2) The 2[Federal Government] may, by notification in the 3[official Gazette], delegate to the \r\ntelegraph authority all or any of 8[its] powers under the first proviso to sub-section (1). \r\n The exercise by the telegraph authority of any power so delegated shall be subject to such \r\nrestrictions and conditions as the 2[Federal Government] may, by the notification, think fit to \r\nimpose.] \r\n 5. Power for Government to take possession of licensed telegraphs and to order \r\ninterception of messages.—(1) On the occurrence of any public emergency, or in the interest of the \r\npublic safety, the 9[Federal Government] or a 10[Provincial Government], or any officer specially \r\nauthorized in this behalf l1[by the 9[Federal Government] or a Provincial Government], may— \r\n(a)  take temporary possession of any telegraph established, maintained or worked \r\nby any person licensed under this Act; or \r\n(b)  order that any message or class of messages to or from any person or class of \r\npersons or relating to any particular subject brought for transmission by, or \r\ntransmitted or received by, any telegraph, shall not be transmitted, or shall be \r\nintercepted or detained, or shall be disclosed to 12[the Government making the \r\norder] or an officer thereof mentioned in the order. \r\n (2) If any doubt arises as to the existence of a public emergency, or whether any act done \r\nunder sub-section (1) was in the interest of the public safety, 13[a certificate of the 9[Federal \r\nGovernment] or, as the case may be, the Provincial Government] shall be conclusive proof on the \r\npoint. \r\n1Second proviso and sub-section (2) were added to that section by the Indian Telegraph (Amdt.) Act, 1914 (VII of 1914), s. 4. \r\n2Subs. by Act No. LXVII of 1975, s. 2, for “Central Government”.  \r\n3Subs. A.O., 1937 for “Gazette of India”. \r\n4Subs. by A. O., 1937, for “he”. \r\n5Subs. by A. O., 1949, Sch., for “Indian”. \r\n6Ins. by the Indian Telegraph (Amdt.) Act, 1930 (27 of 1930). \r\n7Subs. by A, O., 1949, Sch., for “British India”. \r\n8Subs. by A. O., 1937, for “his”. \r\n9Subs. by Act No. LXVII of 1975, s. 4.  \r\n10Subs.A.O., 1937 for “L.G.”. \r\n11Subs. by A. O., 1937, for “by the G. G. in C.”. \r\n12Subs.by A. O., 1937, for “the Govt.”. \r\n13Subs. ibid., for, “a certificate signed by a Secretary to the G. of I or to the L. G.”. \r\n \r\nPage 7 of 18 \r\n \r\n 6. Power to establish telegraph on land of Railway Company.—1[The Railway \r\nAdministration], on being required so to do by the 2[Federal Government], shall permit the \r\nGovernment to establish and maintain a telegraph upon any part of the land 3[under the management \r\nor control of the Administration], and shall give every reasonable facility for working the same. \r\n 7. Power to make rules for the conduct of telegraphs.—(1) The 2[Federal Government] \r\nmay, from time to time, by notification in the 4[official Gazette], make rules consistent with this Act \r\nfor the conduct of all or any telegraphs established, maintained or worked by the Government or by \r\npersons licensed under this Act. \r\n (2) Rules under this section may provide for all or any of the following, among other matters, \r\nthat is to say:— \r\n(a)  the rates at which, and the other conditions and restrictions subject to which, \r\nmessages shall be transmitted; \r\n(b)  the precautions to be taken for preventing the improper interception or \r\ndisclosure of messages; \r\n(c)  the period for which, and the conditions subject to which, telegrams and other \r\ndocuments belonging to, or being in the custody of, telegraph officers shall be \r\npreserved; and \r\n(d)  the fees to be charged for searching for telegrams or other documents in the \r\ncustody of any telegraph officer. \r\n (3) When making rules for the conduct of any telegraph established, maintained or worked by \r\nany person licensed under this Act, the 2[Federal Government] may, by the rules, prescribe fines for \r\nany breach of the same: \r\n Provided that the fines so prescribed shall not exceed the following limits, namely:— \r\n(i)  when the person licensed under this Act is punishable for the breach, one \r\nthousand rupees, and in the case of a continuing breach a further fine of two \r\nhundred rupees for every day after the first during the whole or any part of \r\nwhich the breach continues; \r\n(ii)  when a servant of the person so licensed, or any other person, is punishable for \r\nthe breach, one-fourth of the amounts specified in clause (i). \r\n \r\n \r\n \r\n1Subs. by Act No. LXVII of 1975, s. 5, for “Any Railway Company”. . \r\n2Subs. by Act No. LXVII of 1975, s. 2, for “Central Government”  \r\n3Subs. by Act No. LXVII of 1975, s. 5, for “of the Company”. \r\n4Subs. by A. O.,1937, for “Gazette of India”. \r\n \r\nPage 8 of 18 \r\n \r\n 1[7A. Recovery of dues in respect of telegraph, etc.—If any person does not pay any sum \r\ndue from him under this Act in respect of any telegraph or message, the sum so due may, on \r\napplication made by the telegraph authority in this behalf, be recovered from such person, as if it \r\nwere a fine imposed under this Act by any Magistrate having jurisdiction where that person may for \r\nthe time being be resident; and the telegraph authority may further direct that any message, 2[*  * *] \r\nnot being on Pakistan State Service, addressed to that person, shall be withheld from him until the \r\nsum so due is paid or recovered as aforesaid.] \r\n 8. Revocation of licenses.—The 3[Federal Government] may, at any time, revoke any license \r\ngranted under section 4, on the breach of any of the conditions therein contained, or in default of \r\npayment of any consideration payable thereunder. \r\n 9. Government not responsible for loss or damage.—The 4[Government] shall not be \r\nresponsible for any loss or damage which may occur in consequence of any telegraph officer failing \r\nin his duty with respect to the receipt, transmission or delivery of any message; and no such officer \r\nshall be responsible for any such loss or damage unless he causes the same negligently, maliciously \r\nor fraudulently. \r\nPART III \r\nPOWERS TO PLACE TELEGRAPH LINES AND POSTS \r\n 10. Power for telegraph authority to place and maintain telegraph lines and posts. — \r\n5[The telegraph authority may place, set up, repair, alter and maintain or cause to be placed, set up, \r\nrepaired, altered and maintained a telegraph line, post or works under, over, along, across or through \r\nany land, seashore, road, stream, water or any immovable property, may break, excavate and remove \r\nsoil to the extent and depth required for placing or removing telegraph line, post or works, and, for \r\nthe purpose of constructing or maintaining a telegraph line or post, may dig earth, stone and gravel \r\nand fell trees]. \r\nProvided that— \r\n(a)  the telegraph authority shall not exercise the powers conferred by this section \r\nexcept for the purposes of a telegraph established or maintained by the \r\n3[Federal Government], or to be so established or maintained; \r\n(b)  the 3[Federal Government] shall not acquire any right other than that of user \r\nonly in the property under, over, along, across, in or upon which the telegraph \r\nauthority places any telegraph line or post; and \r\n \r\n \r\n1Ins. by Act No. XXV of 1957, s. 2. \r\n2Omitted by Act No. LXVII of 1975, s. 6. \r\n3Subs. by Act No. LXVII of 1975, s. 2, for “Central Government” \r\n4Subs. by A. O., 1961, Art. 2, for “Crown”.  \r\n5Subs. by Act No. LXVII of 1975, s. 7, for certain words. \r\n \r\nPage 9 of 18 \r\n \r\n (c)  except as hereinafter provided, the telegraph authority shall not exercise those \r\npowers in respect of any property vested in or under the control or \r\nmanagement of any local authority, without the permission of that authority; \r\nand \r\n(d)  in the exercise of the powers conferred by this section, the telegraph authority \r\nshall do as little damage as possible, and, when it has exercised those powers \r\nin respect of any property other than that referred to in clause (c), shall pay full \r\ncompensation to all persons interested for any damage sustained by them by \r\nreason of the exercise of those powers. \r\n 11. Power to enter on property in order to repair or remove telegraph lines or posts.— \r\nThe telegraph authority may, at any time, for the purpose of examining, repairing, altering or \r\nremoving any telegraph line 1[, post or works], enter on the property under, over, along, across, in or \r\nupon which the line or post has been placed. \r\nProvisions applicable to Property vested in or under the Control or Management of Local \r\nAuthorities. \r\n 12. Power for local authority to give permission under section 10, clause (c), subject to \r\nconditions.— 2[(1)] Any permission given by a local authority under section 10, clause (c), may be \r\ngiven subject to such reasonable conditions as that authority thinks fit to impose, as to the payment \r\nof any expenses to which the authority will necessarily be put in consequence of the exercise of the \r\npowers conferred by that section, or as to the time or mode of execution of any work, or as to any \r\nother thing connected with or relative to any work undertaken by the telegraph authority under those \r\npowers [ : ]3 \r\n4[Provided that, notwithstanding anything contained in any other law for th e time being in \r\nforce, the local authority shall not impose any condition which requires the telegraph authority to pay \r\nrent or royalty for setting up or placing a telegraph line over, across, along or through th e property of \r\nthat authority. ]  \r\n4[(2) Any d ispute regarding the amount of the expenses payable by the telegraph authority \r\nunder sub-section (1) shall be determined in accordance with section 15:  \r\nProvided that permission to the telegraph authority shall not be withhe ld on account of such \r\ndispute.] \r\n \r\n1Subs. by Act No. LXVII of 1975, s. 8, for “or post” \r\n2Re-numbered, as sub-section (1) of that section, ibid., s. 9. \r\n3Subs. by Act No. LXVII of 1975, s. 9, for full-stop. \r\n4Added ibid. \r\n \r\n \r\nPage 10 of 18 \r\n \r\n13. Power for local authority to require removal or alteration of tele graph line or \r\npost.— When, under the foregoing provisions of this Act, a telegraph line 1[, post or works] has been \r\nplaced by the telegraph authority under, over, along, across, in or upon any property vested in or \r\nunder the control or management of a loca l authority, and the local authority, having regard to \r\ncircumstances which have arisen since the tel egraph line 1[, post or works] was so placed, considers \r\nit expedient that it should be removed or that its position should be altered, the local authority m ay \r\nrequire the telegraph authority to remove it or alter its position, as the case may be.  \r\n14. Power to alter position of gas or water pipes or drains.— The telegraph authority may, \r\nfor the purpose of exercising the power conferred upon it by this Act in respect of any property \r\nvested in or under the control or management of a local authority, alter the position thereunder on \r\nany pipe (not being a main) for the supply of gas or water, or of any drain (not being a main drain):  \r\nProvided that—  \r\n(a) when the telegraph authority desires to alter the position of any such pipe or drain, it shall \r\ngive reasonable notice of its intention to do so, specifying the time at which it will begin to do so, to \r\nthe local authority, and, when the pipe or drain is not under th e control of the local authority, to the \r\nperson under whose control the pipe or drain is; \r\n (b) a local authority or person receiving notice under clause (a) may send a person to \r\nsuperintend the work, and the telegraph authority shall execute the work to th e reasonable \r\nsatisfaction of the person so sent. \r\n 15. Disputes between telegraph authority and local authority. —(1) If any dispute arises \r\nbetween the telegraph authority and a local authority in consequence of the local authority refusing \r\nthe permission referred to in section 10, clause (c), or prescribing any condition under section 12, or \r\nin consequence of the telegraph authority omitting to comply with a requisition made under section \r\n13, or otherwise in respect of the exercise of the powers conferred by this Act, it shall be determined \r\nby such officer as the 2[Federal Government] may appoint either generally or specially in this behalf. \r\n (2) An appeal from the determination of the officer so appointed shall lie to the 1[Federal \r\nGovernment]; and the order of the 2[Federal Government] shall be final. \r\n \r\nProvisions applicable to other Property \r\n 16. Exercise of powers conferred by section 10, and disputes as to compensation, in case \r\nof property other than that of a local authority. —(1) If the exercise of the powers mentioned in \r\nsection 10 in respect of property referred to in clause (d) of that section is resisted or obstructed, the \r\nDistrict Magistrate may, in his discretion, order that the telegraph authority shall be permitted to \r\nexercise them. \r\n \r\n1Subs by Act No. LXVII of 1975), s. 10, for “or post”. \r\n2Subs. by Act No. LXVII of 1975, s. 2, for “Central Government”.\r\n \r\n \r\nPage 11 of 18 \r\n \r\n (2) If, after the making of an order under sub-section (1), any person resists the exercise of \r\nthose powers, or, having control over the property, does not give all facilities for their being \r\nexercised, he shall be deemed to have committed an offence under section 188 of the Pakistan Penal \r\nCode (XLV of 1860). \r\n (3) If any dispute arises concerning the sufficiency of the compensation to be paid under \r\nsection 10, clause (d), it shall, on application for that purpose by either of the disputing parties to the \r\nDistrict Judge within whose jurisdiction the property is situate, be determined by him. \r\n (4) If any dispute arises as to the persons entitled to receive compensation or as to the \r\nproportions in which the persons interested are entitled to share in it, the telegraph authority may pay \r\ninto the Court of the District Judge such amount as he deems sufficient, or, where all the disputing \r\nparties have in writing admitted the amount tendered to be sufficient or the amount has been \r\ndetermined under sub-section (3), that amount; and the District Judge, after giving notice to the \r\nparties and hearing such of them as desire to be heard, shall determine the persons entitled to receive \r\nthe compensation or, as the case may be, the proportions in which the persons interested are entitled \r\nto share in it. \r\n (5) Every determination of a dispute by a District Judge under sub-section (3) or sub-section \r\n(4) shall be final: \r\n Provided that nothing in this sub-section shall affect the right of any person to recover by suit \r\nthe whole or any part of any compensation paid by the telegraph authority from the person who has \r\nreceived the same. \r\n 17. Removal or alteration of telegraph line or post on property other than that of a local \r\nauthority.—(1) When, under the foregoing provisions of this Act, a telegraph line if 1[, post or \r\nworks] has been placed by the telegraph authority under, over, along, across, in or upon any \r\nproperty, not being property vested in or under the control or management of a local authority, and \r\nany person entitled to do so desires to deal with that property in such a manner as to render it \r\nnecessary or convenient that the telegraph line or post should be removed to another part thereof or \r\nto a higher or lower level or altered in form, he may require the telegraph authority to remove or alter \r\nthe line or post accordingly: \r\n Provided that, if compensation has been paid under section 10, clause (d), he shall, when \r\nmaking the requisition, tender to the telegraph authority the amount requisite to defray the expense of \r\nthe removal or alteration, or half of the amount paid as compensation, whichever may be the smaller \r\nsum. \r\n (2) If the telegraph authority omits to comply with the requisition, the person making it may \r\napply to the District Magistrate within whose jurisdiction the property is situate to order the removal \r\nor alteration. \r\n (3) A District Magistrate receiving an application under sub-section (2) may, in his \r\ndiscretion,  reject the same or  make an order absolutely or  subject to conditions,  for the removal of  \r\n \r\n1Subs. by Act No. LXVII of 1975, s.11 for “or post”. \r\n \r\n \r\nPage 12 of 18 \r\n \r\nthe telegraph line or post to any other part of the property or to a higher or lower level, or for the \r\nalteration of its form; and the order so made shall be final. \r\nProvisions applicable to all Property \r\n 18. Removal of trees interrupting telegraphic communication.—(1) If any tree standing or \r\nlying near a telegraph line interrupts, or is likely to interrupt, telegraphic communication, a \r\nMagistrate of the first or second class may, on the application of the telegraph authority, cause the \r\ntree to be removed or dealt with in such other way as he deems fit. \r\n (2) When disposing of an application under sub-section (1), the Magistrate shall, in the case \r\nof any tree in existence before the telegraph line was placed, award to the persons interested in the \r\ntree such compensation as he thinks reasonable, and the award shall be final. \r\n 19. Telegraph lines and posts placed before the passing of this Act.— Every telegraph line \r\n1[, post or works] placed before the passing of this Act under, over, along, across, in or upon any \r\nproperty, for the purposes of a telegraph established or maintained by the 2[Federal Government], \r\nshall be deemed to have been placed in exercise of the powers conferred by, and after observance of \r\nall the requirements of, this Act. \r\n 3[19A. Person exercising legal right likely to damage telegraph or interfere with \r\ntelegraphic communication to give notice.—(1) Any person desiring to deal in the legal exercise of \r\na right with any property in such a manner as is likely to cause damage to a telegraph line 4[, post or \r\nworks] which has been duly placed in accordance with the provisions of this Act, or to interrupt or \r\ninterfere with telegraphic communication, shall give not less than one month’s notice in writing of \r\nthe intended exercise of such right to the telegraph authority, or to any telegraph officer whom the \r\ntelegraph authority may empower in this behalf. \r\n(2) If any such person without having complied with the provisions of sub-section (1) deals \r\nwith any property in such a manner as is likely to cause damage to any telegraph line 4[, post or \r\nworks], or to interrupt or interfere with telegraphic communication, a Magistrate of the first or \r\nsecond class may, on the application of the telegraph authority, order such person to abstain from \r\ndealing with such property in such manner for a period not exceeding one month from the date of his \r\norder and forthwith to take such action with regard to such property as may be in the opinion of the \r\nMagistrate necessary to remedy or prevent such damage, interruption or interference during such \r\nperiod. \r\n \r\n (3) A person dealing with any property in the manner referred to in sub-section (1) with the \r\nbona fide intention of averting imminent danger of personal injury to himself or any other human \r\nbeing shall be deemed to have complied with the provisions of the said sub-section if he gives such \r\nnotice of the intended exercise of the right as is in the circumstances possible, or where no such \r\nprevious notice can be given without incurring the imminent danger referred to above, if he forthwith \r\ngives notice of the actual exercise of such right to the authority or officer specified in the said sub-\r\nsection.] \r\n \r\n1Subs. by Act No. LXVII of 1975, s. 12, for “or post”. \r\n2Subs. ibid., s. 2, for “Central Government”. \r\n3Ins. by the Indian Telegraph (Amdt.) Act, 1914 (VII of 1914), s. 5. \r\n4Subs. by Act No. LXVII of 1975, s. 12, for “or post”.\r\n \r\nPage 13 of 18 \r\n \r\n1[19B. Power to confer upon licensee powers of telegraph authority under this Part.— \r\nThe 2[Federal Government] may, by notification in the 3[official Gazette], confer upon any licensee \r\nunder section 4, in respect of the extent of his license and subject to any conditions and restrictions \r\nwhich the 2[Federal Government] may think fit to impose and to the provisions of this Part, all or any \r\nof the powers which the telegraph authority possesses under this Part with regard to a telegraph \r\nestablished or maintained by the Government or to be so established or maintained: \r\n Provided that the notice prescribed in section 19A shall always be given to the telegraph \r\nauthority or officer empowered to receive notice under section 19A (1).] \r\nPART IV  \r\nPENALTIES \r\n 4[20. Establishing , maintaining or working unauthorized telegraph. —(1) If any person \r\nestablishes, maintains or works a telegraph within 5[Pakistan] in contravention of the provisions of \r\nsection 4 or otherwise than as permitted by rules made under that section, he shall be punished, if the \r\ntelegraph is a wireless telegraph, with imprisonment which may extend to three years, or with fine, \r\nor with both, and, in any other case, with a fine which may extend to one thousand rupees. \r\n(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (V of \r\n1898), offences under this section in respect of a wireless telegraph shall, for the purposes of the said \r\nCode, be bailable and non-cognizable. \r\n (3) When any person is convicted of an offence punishable under this section, the Court \r\nbefore which he is convicted may direct that the telegraph in respect of which the offence has been \r\ncommitted, or any part of such telegraph, be forfeited to 6[Government]. \r\n 7[20A. Breach of condition of license. —If the holder of a license granted under section 4 \r\ncontravenes any condition contained in his license, he shall be punished with fine which may extend \r\nto one thousand rupees, and with a further fine which may extend to five hundred rupees for every \r\nweek during which the breach of the condition continues.] \r\n21. Using unauthorized telegraphs. —If any person, knowing or having reason to believe \r\nthat a telegraph has been established or is maintained or worked, in contravention of this Act, \r\ntransmits or receives any message by such telegraph, or performs any service incidental thereto, or \r\ndelivers any message for transmission by such telegraph, or accepts delivery of any message sent \r\nthereby, he shall be punished with fine which may extend to fifty rupees. \r\n \r\n1Ins. by the Indian Telegraph (Amdt.) Act, 1914 (VII of 1914), s. 5. \r\n2Subs. by Act No. LXVII of 1975, s. 2, for “Central Government”.  \r\n3Subs. by A. O., 1937, for “Gazette of India”. \r\n4Subs. by the Indian Te1egrnph (Amdt.) Act, 1914 (VII of 1914), s. 6, for the original section. \r\n5Subs. by A. O., 1949, Sch., for “British India”. \r\n6Subs. by A.O., 1961, Art, 2, for “His Majesty” (with effect from the 23rd March, 1956). \r\n7Ins. by the Indian Telegraph (Amdt.) Act, 1914 (VII of 1914), s. 7. \r\n \r\nPage 14 of 18 \r\n \r\n 22. Opposing establishment of telegraphs on railway land.—If 1[the Railway \r\nAdministration] or an officer of 1[the Railway Administration] neglects or refuses to comply with the \r\nprovisions of section 6, it or he shall be punished with fine which may extend to one thousand rupees \r\nfor every day during which the neglect or refusal continues. \r\n 23. Intrusion into signal-room, trespass in telegraph Office or obstruction.—If any \r\nperson— \r\n2[(a)  without permission of competent authority, enters a building, or a portion \r\nthereof, housing equipment belonging to the telegraph authority or to a person \r\nlicensed under this Act, or] \r\n(b)  enters a fenced enclosure round such a telegraph office in contravention of any \r\nrule or notice not to do so, or \r\n(c)  refuses to quit such room or enclosure on being requested to do so by any \r\nofficer or servant employed therein, or \r\n(d)  wilfully obstructs or impedes any such officer or servant in the performance of \r\nhis duty, \r\nhe shall be punished with fine which may extend to five hundred rupees. \r\n 24. Unlawfully attempting to learn contents of messages. —If any person does any of the \r\nacts mentioned in section 23 with the intention of unlawfully learning the contents of any message, \r\nor of committing any offence punishable under this Act, he may (in addition to the fine with which \r\nhe is punishable under section 23) be punished with imprisonment for a term which may extend to \r\none year. \r\n 25. Intentionally damaging or tampering with telegraphs.—If any person, intending—  \r\n(a)  to prevent or obstruct the transmission or delivery of any message, or \r\n(b)  to intercept or to acquaint himself with the contents of any message, or \r\n(c)  to commit mischief, \r\ndamages, removes, tampers with or touches any battery, machinery, telegraph line, post or other \r\nthing whatever, being part of or used in or about any telegraph or in the working thereof, he shall be \r\npunished with imprisonment for a term which may extend to three years, or with fine, or with both. \r\n \r\n1Subs. by Act No. LXVII of 1975, s. 14, for “a Railway Company”. \r\n2Subs. ibid.. s. 15 for clause “(a)”.\r\n \r\n \r\nPage 15 of 18 \r\n \r\nl[25A. Injury to or interference with a telegraph line or post.—If, in any case not \r\nprovided for by section 25, any person deals with any property and thereby wilfully or negligently \r\ndamages any telegraph line 2[,post or works] duly placed on such property in accordance with the \r\nprovisions of this Act, he shall be liable to pay the telegraph authority such expenses (if any) as may \r\nbe incurred in making good such damage, and shall also, if the telegraphic communication is by \r\nreason of the damage so caused interrupted, be punishable with a fine which may extend to one \r\nthousand rupees: \r\n Provided that the provisions of this section shall not apply where such damage or interruption \r\nis caused by a person dealing with any property in the legal exercise of a right if he has complied \r\nwith the provisions of section 19A (1).] \r\n 3[25B. Theft of telegraph line.—If any person commits theft of a telegraph line, copper \r\nwire, cable or cable accessory, he shall be punished with rigorous imprisonment for a term which is \r\nnot less than one year and not more than seven years and also with fine. \r\n Explanation.___In this section, “theft” has the same meaning as in the Pakistan Penal Code \r\n(Act XLV of 1860). \r\n 25C. Penalty for tampering, etc., of telegraph line. —Any person, including a telegraph \r\nofficer, who tampers with or uses a telegraph line or telegraph in order to cause wrongful loss to the \r\nGovernment or to any subscriber or to cause wrongful gain to any subscriber or any other person \r\nshall, without prejudice to any action which the telegraph authority is competent to take under this \r\nAct, be punishable with rigorous imprisonment for a term which is not less than one year and not \r\nmore than seven years, with or without fine. \r\n 25D. Penalty for causing annoyance, etc. —Any person, including a telegraph officer, who \r\nuses any telephone, public or private, for causing annoyance or intimidation to any person, whether a \r\nsubscriber or not, or for obnoxious calls shall, without prejudice to any other action which the \r\ntelegraph authority is competent to take under this Act, be punishable with imprisonment for a term \r\nwhich may extend to three years, or with fine, or with both. \r\n 25E. Application of Chapter XX, Act V of 1898. —The provisions of Chapter XX of the \r\nCode of Criminal Procedure, 1898 (Act V of 1898), shall apply to the trial of offences punishable \r\nunder this Act. \r\n 25F. Burden of proof in certain cases. —Any person who is found to be in possession of, or \r\nhaving under his control, without lawful authority, telegraph line, copper wire, cable or cable \r\naccessory of a kind notified by the telegraph authority to be generally used by the Pakistan Telegraph \r\nand Telephone Department shall, unless he proves that he has such authority, be deemed to have \r\ncommitted the offence punishable under section 25B.] \r\n \r\n1Ins. by the Indian Telegraph (Amdt.) Act, 1914 (VII of 1914), s. 8. \r\n2Subs. by Act No. LXVII of 1975, s. 16, for “or post”. \r\n3Ins. ibid., s.17.\r\n \r\nPage 16 of 18 \r\n \r\n26. Telegraph officer or other official making away with or altering or unlawfully \r\nintercepting or disclosing messages, or divulging purport of signals.— If any telegraph officer, or \r\nany person, not being a telegraph officer but having official duties connected with any office which \r\nis used as a telegraph office,— \r\n(a)  wilfully secretes, makes away with or alters any message which he has \r\nreceived for transmission or delivery, or \r\n(b)  wilfully and otherwise than in obedience to an order of the 1[Federal \r\nGovernment] or of a 2[Provincial Government], or of an officer specially \r\nauthorized 3[by the 4[Federal] or a Provincial Government] to make the order, \r\nomits to transmit, or intercepts or detains, any message or any part thereof, or \r\notherwise than in pursuance of his official duty or in obedience to the direction \r\nof a competent Court, discloses the contents or any part of the contents of any \r\nmessage, to any person not entitled to receive the same, or \r\n(c)  divulges the purport of any telegraphic signal to any person not entitled to \r\nbecome acquainted with the same, \r\nhe shall be punished with imprisonment for a term which may extend to three years or with fine, or \r\nwith both. \r\n 27. Telegraph officer fraudulently sending messages without payment. —If any telegraph \r\nofficer transmits by telegraph any message on which the charge prescribed by the 1[Federal \r\nGovernment], or by a person licensed under this Act, as the case may be, has not been paid, \r\nintending thereby to defraud the 1[Federal Government] or that person, he shall be punished with \r\nimprisonment for a term which may extend to three years, or with fine, or with both. \r\n 28. Misconduct. —If any telegraph officer, or any person not being a telegraph officer but \r\nhaving official duties connected with any office which is used as a telegraph office, is guilty of any \r\nact of drunkenness, carelessness or other misconduct whereby the correct transmission or the \r\ndelivery of any message is impeded or delayed, or if any telegraph officer loiters or delays in the \r\ntransmission or delivery of any message, he shall be punished with imprisonment for a term which \r\nmay extend to three months, or with fine which may extend to one hundred rupees, or with both. \r\n 6[29. Sending fabricated or obscene messages. —any person transmits or causes to be \r\ntransmitted by telegraph a message which he knows or has reason to believe to be false or fabricated, \r\nor a message which is indecent or obscene, he shall be punished with imprisonment for a term which \r\nmay extend to three years, or with fine, or with both.] \r\n \r\n1Subs. by Act No. LXVII of 1975, s. 2, for “Central Government”. \r\n2Subs. by A.O., 1937, for “L. G,”. \r\n3Subs. ibid., for “by the G.G. in C.” . \r\n4Subs. by F. A.O., 1975. Art. 2 and Table, for “Central”. \r\n5Subs. by Act No. LXXVII of 1950, s. 2, for the original section 29. \r\n \r\nPage 17 of 18 \r\n \r\n1[29A. Penalty.— If any person, without due authority,— \r\n(a)  makes or issues any document of a nature reasonably calculated to cause it to \r\nbe believed that the document has been issued by, or under the authority of, \r\nthe 2[Director General, Pakistan Telegraph and Telephone Department], or \r\n(b)  makes on any document any mark in imitation of, or similar to, or purporting \r\nto be, any stamp or mark of any Telegraph Office under the 2[Director \r\nGeneral, Pakistan Telegraph and Telephone Department], or a mark of a \r\nnature reasonably calculated to cause it to be believed that the document so \r\nmarked has been issued by, or under the authority of, the 2[Director General, \r\nPakistan Telegraph and Telephone Department], \r\nhe shall be punished with fine which may extend to fifty rupees.] \r\n30. Retaining a message delivered by mistake. —If any person fraudulently retains, or \r\nwilfully secretes, makes away with or detains a message which ought to have been delivered to some \r\nother person, or, being required by a telegraph officer to deliver up any such message, neglects or \r\nrefuses to do so, he shall be punished with imprisonment for a term which may extend to two years, \r\nor with fine, or with both. \r\n 31. Bribery. —A telegraph officer shall be deemed a public servant within the meaning of \r\nsections 161, 162, 163, 164 and 165 of the Pakistan Penal Code (XLV of 1860); and in the definition \r\nof “legal remuneration” contained in the said section 161, the word “Government” shall, for the \r\npurposes of this Act, be deemed to include a person licensed under this Act. \r\n 32. Attempts to commit offences. —Whoever attempts to commit any offence punishable \r\nunder this Act shall be punished with the punishment herein provided for the offence. \r\nPART V \r\nSUPPLEMENTAL PROVISIONS \r\n 33. Power to employ additional police in places where mischief to telegraphs is \r\nrepeatedly committed. ___(1) Whenever it appears to the 3[Provincial Government] that any act \r\ncausing or likely to cause wrongful damage to any telegraph is repeatedly and maliciously committed \r\nin any place, and that the employment of an additional police-force in that place is thereby rendered \r\nnecessary, the 3[Provincial Government] may send such additional police-force as it thinks fit to the \r\nplace, and employ the same therein so long as, in the opinion of that Government, the necessity of \r\ndoing so continues. \r\n (2) The inhabitants of the place shall be charged with the cost of the additional police-force, \r\nand the District Magistrate shall, subject to the orders of the 3[Provincial Government], assess the \r\nproportion in which the cost shall be paid by the inhabitants according to his judgment of their \r\nrespective means. \r\n  \r\n1Ins. by the Indian Telegraph (Amdt.) Act, 1914 (VII of 1914), s. 9. \r\n2Subs. by the Posts and Telegraphs (Amdt.) Act, 1962 (V of 1962), s. 2, for “Director General of [posts and Telegraphs]”  \r\n3Subs. by A.O.,1937, for “L. G.”. \r\n \r\n \r\nPage 18 of 18 \r\n \r\n \r\n(3) All moneys payable under sub-section (2) shall be recoverable either under the warrant of \r\na Magistrate by distress and sale of the moveable property of the defaulter within the local limits of \r\nhis jurisdiction, or by suit in any competent Court. \r\n (4) The l[Provincial Government] may, by order in writing, define the limits of any place for \r\nthe purposes of this section. \r\n 34. [Omitted].  \r\n \r\n \r\n_______ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n186994          Date: 11-11-2024 \r\n1Subs. by A.O.,1937, for “L. G.”. \r\n2Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Sch. II",
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