Section 7:
Power to make rules for the conduct of telegraphs.
(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shifted, withdrawn or disconnected;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.]]
Notes:
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).