The main object of the Telegraph Act was to give power to the Government to install telegraph lines on private as well as public property. The Telegraph Act since then gone through numerous amendments in order to accommodate new communication technologies. This is evident from the current definition of ‘telegraph’ under Telegraph Act. It defines ‘telegraph’ as: “any appliance, instrument, material or apparatus used or capable of use for transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature by wire, visual or other electro-magnetic emissions, Radio waves or Hertzian waves, galvanic, electric or magnetic means.”
Framework of the Act
The Indian Telegraph Act, 1885 (Telegraph Act) contains six parts. Part I deals with definitions of key words used in the Telegraph Act. Part II grants government the exclusive privilege with respect to telegraph. Part II also gives power to the issue license to private operators to offer telegraph services. Part IIA was inserted in the Telegraph Act by the Indian Telegraph (Amendment) Act, 2003. It deals with setting up of the Universal Service Obligation Fund (USOF) for the purpose of meeting universal service obligation. Part III deals with procedures and guidelines to be followed; for installing and maintaining communication equipment. It also lays down guidelines for setting up communication devices in private property and also the procedure for resolution of any dispute which may arise between the service provider and the owner of the private property. Part IV lays down the offences and penalties with respect to unauthorized use of communication or telegraph services. Part V deals with other supplementary provisions.
Section 7 of the Telegraph Act vests with the government the power to make rules for the conduct of telegraphs. The government has the power to make rule with regard to following issues:
- Rates and other conditions and restrictions subject to which messages will be transmitted within India.
- Precautions to be taken to prevent improper interception or disclosure of message
- Conduct regarding telegram
- Conduct and charges regarding use of telegraph lines
Central Government may impose fine if there is any breach of rules made by it under the Telegraph Act. It may also impose fine upon licensees’ if they are found to be in violation of the rules laid down by the Central Government under the Telegraph Act. The Central Government may also revoke any license granted under the Telegraph Act, in case of breach of any condition or default of payment with respect to the license. Section 9 deals with government liability with respect to loss or damage. The government does not take any responsibility for any loss or damage caused by telegraph officer fails in performing his duties. However, such telegraph officer can be held liable if acts negligently, maliciously or fraudulently. USOF was established under Section 9A of the Act. The USOF is under the control of the Central Government under the Act. Section 9D deals with administration and utilization of such fund.
Important Sections
Sections 12-15 are the procedure applicable to take possession of property vested in or under the control of or management of local authorities. The telegraph authority has to take permission and pay any expenses for setting up communication equipment on property under the control of a local authority. The local authority may also ask the telegraph authority to remove any telegraph lines or post if it finds it necessary to do so. Any dispute between telegraph authority and local authority will be decided by an officer appointed by the Central Government.
Sections 16 and 17 are applicable to property other any property owned, controlled or managed by any local authority. Sections 18, 19, 19A and 19B are applicable to all kinds of property. Section 18 deals with procedure for removing trees which are interrupting telegraphic communication. Section 19 deals with lines and posts before the passing of this Act. Section 19A states that any person who has legal right over the property where communication equipment is install in accordance with the procedure under this Act has to give notice to the telegraph authority in writing, if such persons act is likely to interfere with telegraph communication or damage telegraph equipment. Section 19B allows the Central Government to confer certain powers of the telegraph authority upon the licensee.
Since 2013, we no longer have telegrams, but still there exists the Indian Telegraph Act, 1885, which has been amended several times. There should be a completely new Act instead of this age old Act or the piece meal amendments. Delhi has a Telegraph Lane, as do several cities in Britain. India Posts has ePOST service, which, at a stretch, incorporates some elements of the old telegram. The old telegram was a BSNL portfolio, not an India Post one. Finding telegrams unviable, BSNL terminated telegram services in 2013. But when terminated, it had several elements that were web-based, not quite the kind of telegraph service opened between Kolkata and Diamond Harbour (1851) and Kolkata and Agra, Bombay, Madras (1854). Most people have forgotten there was an Electric Telegraph Act of 1854 that preceded the 1885 one. At that time, “Within the territories in the possession and under the Government of the East India Company, the said East India Company shall have the exclusive privilege of establishing lines of Electric Telegraph. Provided that the Governor General of India in Council may grant a license to any person or Company to establish a line of Electric Telegraph within any part of such territories, which license shall be revocable on the breach of any of the conditions therein contained.” A number has been attributed to BSNL sources, of a peak of 60 million telegrams being sent every year in 1985. This was a peak. Thereafter, the figure dipped to around 6,000. However, around 20,000 were sent on the last day, that being a special occasion. Technology killed the telegram, as it did in other countries, too.
References
- https://cis-india.org/telecom/resources/indian-telegraph-act
- https://www.financialexpress.com/opinion/technology-killed-the-telegram-in-india-heres-why-there-should-be-a-new-telegraph-act/644026/
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