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.
19. Power to confer upon licensee powers of telegraph authority under this Part. —The
Central Government may, by notification in the 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 1 [Central Government] may think fit to impose and to the provisions of this Part, all or
airy 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
1
[20. Establishing, maintaining or working unauthorised telegraph.—(1) If any person
establishes, maintains or works a telegraph within 2 [India] in contravention of the provisions of
section 4 or otherwise tlian 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 (5 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 Government.]
3
[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 unauthorised 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 o r
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.
22. Opposing establishment of telegraphs on railway land.—If a Railway Company, or an officer
of a Railway Company, 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 everyday during which the neglect or
refusal continues.
1. Subs. by Act 7 of 1914, s. 6, for section 20.
2. Subs. by Act 45 of 1948, s. 3, for “the Provinces”.
3. Ins. by Act 7 of 1914 , s. 7 .
11