(5) “post” means a post, pole, standard, stay, strut or other above-ground contrivance for
carrying, suspending or supporting a telegraph line;
(6) “telegraph authority” means the Director General of 1[Posts and Telegraphs], and
includes any officer empowered by him to perform all or any of the functions of the
telegraph authority under this Act;
(7) “local authority” means any municipal committee, district board, body of port commissioners
or other authority legally entitled to, or entrusted by 2[the Central or any State Government] with, the
control or management of any municipal or local fund.
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PART II
PRIVILEGES AND POWERS OF THE GOVERNMENT
4. Exclusive privilege in respect of telegraphs, and power to grant licenses .— 4 [(1)]
Within 5 [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 5 [India]:
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[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 7 [and on aircraft within or
above 5[India], or Indian territoral waters], and
(b) of telegraphs other than wireless telegraphs within any part of 5 [India].]
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[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).]
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[(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.]
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[5. Power for Government to take possession of licensed telegraphs and to order
interception of messages.—(1) On the occurrence of any public emergency, or in the interest
of the public safety, the Central Government or a State Government or any officer specially
authorised in this behalf by the Central Government or a State Government may, if satisfied
that it is necessary or expedient so to do, take temporary possession (for so long as the public
1. Subs. by Act 14 of 1914, s. 2, for “Telegraphs”
2. Subs. by the A.O. 1937, for “the Govt.”.
3. Clause (8 ) rep. by Act 3 of 1951, s. 3 and the Sch edule. Earlier clause ( 8) was inserted by the A.O. 1950.
4. S e ction 4 r enu mb er ed a s s ub - s ec tion ( 1) b y Ac t 7 o f 1914 , s . 4.
5. Subs. by Act 45 of 1948, s. 3, for “the Provinces”.
6. Ins. by Act 7 of 1914, s. 4.
7. Ins. by Act 27 of 1930, s. 2.
8. Ins. by Act 8 of 2004, s. 3 (w.e.f. 1-4-2002).
9. Subs. by Act 38 of 1972, s. 2, for section 5.
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