Search Results on rules for query: "The Indian Wireless Telegraphy (Demonstration) Rules, 1962"
Related Section(s)1[(1)]
Within 2[India], the Central Government shall have the exclusive privilege of establishing,
maintaining and working telegraphs:
Provided that the Central Government may grant a license, on such conditions and in consideration of such payments as it thinks fit, to any person to establish, maintain or work a telegraph within any part of 2[India]: 3[Provided further that the Central Government may, by rules made under this Act and published in the Official Gazette, permit, subject to such restrictions and conditions as it thinks fit, the establishment, maintenance and working-- (a) of wireless telegraphs on ships within Indian territorial waters 4[and on aircraft within or above 2[India], or Indian territoral waters], and (b) of telegraphs other than wireless telegraphs within any part of 2[India].] 5[Explanation.-- The payments made for the grant of a licence under this subsection shall include such sum attributable to the Universal Service Obligation as may be determined by the Central Government after considering the recommendation made in this behalf by the Telecom Regulatory Authority of India established under sub-section (1) of section 3 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997).] 1[(2) The Central Government may, by notification in the Official Gazette, delegate to the telegraph authority all or any of 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 Central Government may, by the notification, think fit to impose.] 6[(3) Any person who is granted a license under the first proviso to sub-section (1) to establish, maintain or work a telegraph within any part of India, shall identify any person to whom it provides its services by-- (a) authentication under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); or (b) offline verification under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); or (c) use of passport issued under section 4 of the PassportsAct, 1967 (15 of 1967); or (d) use of any other officially valid document or modes of identification as may be notified by the Central Government in thisbehalf. (4) If any person who is granted a license under the first proviso to sub-section (1) to establish, maintain or work a telegraph within any part of India is using authentication under clause (a) of sub-section (3) to identify any person to whom it provides its services, it shall make the other modes of identification under clauses (b) to (d) of sub-section (3) also available to such person. (5) The use of modes of identification under sub-section (3) shall be a voluntary choice of the person who is sought to be identified and no person shall be denied any service for not having an Aadhaar number. (6) If, for identification of a person, authentication under clause (a) of sub-section (3) is used, neither his core biometric information northeAadhaar number of the person shall be stored. (7) Nothing contained in sub-sections (3), (4) and (5) shall prevent the Central Government from specifying further safeguards and conditions for compliance by any person who is granted a license under the first proviso to sub-section (1) in respect of identification of person to whom it provides its services. Explanation.-- The expressions "Aadhaar number" and "core biometric information" shall have the same meanings as are respectively assigned to them in clauses (a) and (j) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016).]
1. Section 4 renumbered as sub-section (1) by Act 7 of 1914, s. 4.
2. Subs. by Act 45 of 1948, s. 3, for "he Provinces". 3. Ins. by Act 7 of 1914, s. 4. 4. Ins. by Act 27 of 1930, s. 2. 5. Ins. by Act 8 of 2004, s. 3 (w.e.f. 1-4-2002). 6. Ins. by Act 14 of 2019, s. 26 (w.e.f. 25-07-2019). (1) The Central Government may,
from time to time, by notification in the Official Gazette, make rules1
consistent with this Act for
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 2[within India;] (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 offices 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[(e) the conditions and restrictions subject to which any telegraph line, appliance or apparatus for telegraphic communication shall be established, maintained, worked, repaired, transferred, shifted, withdrawn or disconnected; 4[(ee) the charges in respect of any application for providing any telegraph line, appliance or apparatus;] 5[(eea) the manner in which the fund may be administered; (eeb) the criteria based on which sums may be released;] (f) the charges in respect of-- (i) the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance or apparatus; (ii) the services of operators operating such line, appliance or apparatus; (g) the matters in connection with the transition from a system where under rights and obligations relating to the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance or apparatus for telegraphic communication attach by virtue of any agreement to a system whereunder such rights and obligations attach by virtue of rules made under this section; (h) the time at which, the manner in which, the conditions under which and the persons by whom the rates, charges and fees mentioned in this sub-section shall be paid and the furnishing of security for the payment of such rates, charges and fees; (i) the payment of compensation to the Central Government for any loss incurred in connection with the provision of any telegraph line, appliance or apparatus for the benefit of any person-- (a) where the line, appliance or apparatus is, after it has been connected for use, given up by that person before the expiration of the period fixed by these rules, or (b) where the work done for the purpose of providing the line, appliance or apparatus is, before it is connected for use, rendered abortive by some act or omission on the part of that person; (j) the principles according to which and the authority by whom the compensation referred to in clause (i) shall be assessed; 6[(jj) the qualifications to be possessed and the examinations, if any, to be passed by the persons employed for the establishment, maintenance or working of any telegraph and the fees to be charged for admission to such examinations;] (k) any other matter for which provision is necessary for the proper and efficient conduct of all or any telegraphs under this Act.] (3) When making rules for the conduct of any telegraph established, maintained or worked by any person licensed under this Act, the Central 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 clay 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). 7[(4) Nothing in this section or in any rules made hereunder shall be construed as-- (a) precluding the Central Government from entering into an agreement with a person for the establishment, maintenance and working by that Government on terms and conditions specified in the agreement, of any telegraph line, appliance or apparatus for the purpose of affording means of telegraphic communication, where having regard to the number of the lines, appliance or apparatus required by that person for telegraphic communication, it is necessary or expedient to enter into such agreement with him, or (b) subjecting the Central Government to any obligation to provide any telegraph line, appliance or apparatus for the purpose of affording means of telegraphic communication. 8[(5) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days 9 [which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid,] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]]
1. See the Indian Telegraph Rules, 1951, Gazette of India, 1951, Pt. 11, sec. 3, p. 1708.
2. Ins. by Act 33 of 1971, s. 3. 3. Ins. by Act 47 of 1957, s. 2 (w.e.f. 1 -7-1959). 4. Ins. by Act 48 of 1974, s. 2 (w.e.f. 1-6-1975). 5. Ins. by Act 8 of 2004, s. 4 (w.e.f. 1-4-2002). 6. Ins. by Act 15 of 1961, s. 3. 7. Ins. by Act 47 of 1957, s. 2 (w.e.f. 1-7-1959). 8. Subs. by Act 15 of 1961, s. 3, for sub-section (5). 9. Subs. by Act 48 of 1974, s. 2, for certain words (w.e.f. 1-6-1975). |
