The Act is known to be “ The Indian Telegraph Act, 1885”, and so it came into force on first day of October, 1885. Act extends to whole India. For this act, “Telegraph officer means, any person who is either permanently or temporarily in connection with telegraph established, maintained and worked by central government or any other person who has authority to do so”, “post means, a post, pole, or any such other ground contrivance for carrying, suspending, a telegraph line”.
Central Government may grant license with all conditions and give extreme privilege to form telegraphs and also has to take due care and work on such telegraph, and will also distribute all such powers to telegraph authority. If in opinion of Central Government there is any public emergency or if common concern and at large safety to take temporary hold of telegraph which form, taken care of and worked by that person has be granted by license. If telegraph is in requirement a place to establish so then, central government may ask Railway Company to allocate property which is in possession of Railway Company to allocate such property to telegraph so that they can establish, maintain and work on it.
Government will as and when require make certain provision for code and carrying of telegraph among such provision some are like, to Levi certain rate for transmitting message, measures to be taken for preserving or for non-discourse of message, some sum to be charged for searching telegram or other document in possession of telegraph officer, telegram or telegraph should require to be preserved if in custody with telegraph officer, repairing of systems at telegraph post, if any recompense incurred from loss in relation to applying for this act etc, if any person who is authorised to telegraph and found breaching any of provision rule lead down is punished with fine of two hundred rupees and if found to continuing same offence then two hundred rupees for each continuing such offence and also if they government is of opinion that person is breaching rules of act then can take way the license of such person.
If any telegraph officer is not able to perform his duties directed to him then government is not responsible for such non performance and even not responsible any loss or damage is incurred in such non performance of duty by officer specially in delivery, transmission or relation to telegraph receipt and thus he is responsible for such negligence.
Once the act is commenced from that day fund collected will be known as “Universal Service obligation”, and such fund will be controlled by central government and all such are be consolidated fund, may grant and loan made by central government and remaining should be credited to fund not lapse of financial year. Thus, government may administer funds which are collected and shall be used accordingly and even be responsible for use money for proper purpose and give or decide class to allocate fund as necessary. As one of power lend by central government to telegraph authority only for this part is to maintain, establish telegraph line and use of property under line, along or cross on which telegraph line is establish as and when required.
Authority can enter any place where telegraph boot is setup, for purpose of repairing, remove examine telegraph boot. If there is any dispute between local authority and telegraph authority in relation to any matter provided in act then such should be referred to such officer who is been appointed by central government and if there is appeal to order of officer then it is referred to central government and there order shall be final.
If any person purposely establish, maintain illegal telegraph which breach the provision of this act and disrupt transmission and delivery of message are accept any message then is punished with fifty rupees. Hence, if officer of railway company neglect or show his disinterest to provision lead down in act then punished one thousand rupees and continues to do violation of such provision then one thousand rupees fine for each continuing such negligence. If any person wilfully read contents of message and commits this offence of reading is punished with imprisonment for one year.
If anyone deliberately or with having his intention to damage or corrupt messages will be punished with imprisonment for three years or fine or both. If any person who sends message without paying lived fees i.e., with intention to create fraud then punished with imprisonment of three years or fine or both. Hence, if anyone tries to commit any offence under this act then they punished with punishment which provided in provision related so.
by Samata. H. Joshi.