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.
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[(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 2[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.]]
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[7A. Saving of existing agreements.—Nothing in section 7 shall authorise the making of any
rules determing any agreement entered into by the Central Government with any person before the
commencement of the Indian Telegraph (Amendment) Act, 1957 (47 of 1957), relating to the
establishment, maintenance or working of any telegraph line, appliance or apparatus for telegraphic
communication; and all rights and obligations thereunder relating to such establishment, maintenance
or working shall be determined in accordance with the terms and conditions of such agreement.
7B. Arbitration of disputes.—(1) Except as otherwise expressly provided in this Act, if
any dispute concerning any telegraph line, appliance or apparatus arises between the telegraph
authority and the person for whose benefit the line, appliance or apparatus is, or has been,
provided, the dispute shall be determined by arbitration and shall, for the purposes of such
determination, be referred to an arbitrator appointed by the Central Government either specially
for the determination of that dispute or generally for the determination of disputes under this
section.
(2) The award of the arbitrator appointed under sub-section (1) shall be conclusive between
the parties to the dispute and shall not be questioned in any court.]
8. Revocation of licenses.—The Central Government may, at any time, revoke any license
granted under section 4, on the breach of any of the conditions therein contained, or in default of
payment of any consideration payable thereunder.
9. Government not responsible for loss or damage.—The 4 [Government] shall not be
responsible for any loss or damage which may occur in consequence of any telegraph officer
failing in his duty with respect to the receipt, transmission or delivery of any message; and no
such officer shall be responsible for any such loss or damage, unless he causes the sa me
negligently, maliciously or fraudulently.
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[PART IIA
U NIVERSAL S ERVICE O BLIGATION F UND
9A. Establishment of Universal Service Obligation Fund.—(1) On and from the
commencement of the Indian Telegraph (Amendment) Act, 2003 (8 of 2004), there shall be
established, for the purposes of this Act, a Fund to be called the “Universal Service Obligation
Fund”.
(2) The Fund shall be under the control of the Central Government and t here shall be
credited thereto—
(a) any sums of money paid under section 9B;
(b) any grants and loans made by the Central Government under section 9C.
(3) The balance to the credit of the Fund shall not lapse at the end of the financial year.
1. Subs. by Act 15 of 1961, s. 3, for sub-section (5).
2. Subs. by Act 48 of 1974, s. 2, for certain words (w.e.f. 1 -6-1975).
3. Ins. by Act 47 of 1957, s. 3 (w.e.f. 1-7-1959).
4. Subs. by the A.O. 1950, for “Crown” which had been subs. by the A.O. 1937, for “Secretary of State for India in Council”.
5. Ins. by Act 8 of 2004, s. 5 (w.e.f. 1-4-2002).
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