THE INDIAN WIRELESS TELEGRAPHY ACT, ACT NO OF [AS ON ]. An Act to regulate the possession of wireless telegraphy apparatus. INDIAN WIRELESS TELEGRAPHY. ACT, 17 of 11th September, An important source of revenue to the Indian State. Broadcasting Service is . Licenses.—The telegraph authority constituted under the Indian Telegraph Act, (13 of ), shall be the authority competent to issue licenses to possess.
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The Indian State Broadcasting Service was losing revenue due to lack of legislation for prosecuting persons using unlicensed wireless apparatus as it was difficult to trace them at the first place and then prove that such instrument has been installed, worked and maintained without licence.
However, if such devices are designed or modified for wireless communication or is used as a part of such wireless communication device. Under section 7 the Act, gives power to any officer specially empowered by the Central Government to search any building, vessel or place if he has reason to believe that there is any wireless telegraphy apparatus which has been used to commit offence under section 6 of the Act, is kept or concealed. It also mentions that any licence under the Act shall not authorise any act in contravention of the Indian Telegraph Act, Conditions with respect to sale of wireless telegraphy apparatus by dealer and manufactures of such apparatus.
In the case of a second or subsequent offence: The Act lays down few general subjects on which the Central Government has the power to make rules under the Act. Section 11 expressly mentions that no provision under the Act shall authorise any person to do any act which is prohibited under the India Telegraph Act, About Us The Centre for Internet and Society CIS is a non-profit organisation that undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives.
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The Central Government may impose a fine of upto hundred rupees in the case of breach of such rules. In a trial of an offence under section 6, if the relegraphy is convicted then the court shall also decide whether the apparatus used or involved in the offence should be confiscated.
Follow our Works Newsletter: Presently the Act is used to prosecute cases, related to illegal possession and transmission via satellite phones. You may donate online via Instamojo.
The government may make rules to that effect. Section 10 gives power to the Central Government to make rules through wireleds in the official gazette with respect to give effect to provisions under the Act. It may exempt certain persons from the application of the Act, for certain wireless telegraphy indina only. To discuss such possibilities, please write to Sunil Abraham, Executive Director, at sunil[at]cis-india[dot]org or Sumandro Chattapadhyay, Research Director, at sumandro[at]cis-india[dot]org, with an indication of the form and the content of the collaboration you might be interested in.
The Central Government under section 4 has the power to make rules to exempt persons from wlreless provision of the Act. It also covers all telegraphj which are determined to be a wireless apparatus according to the rules made by the government.
Eligibility for the purpose of being exempted from the application of this Act Sec. Under section 5, the telegraph authority constituted under the Indian Telegraph Act, shall be the competent authority to issue licences under this Act. Maintenance of records as to sale, acquisition of wireless telegraphy apparatus by dealers.
Recently foreign tourists were charged under this Act for illegal possession of satellite phones. Support Us Please help us wirreless citizen and user rights on the Internet! Series 3 Public Debate on ‘Differential Pricing’: In the context of evidentiary value, the court kndian presume that a person is in possession of a wireless telegraphy apparatus under the circumstances that such apparatus is under his ostensible charge or it is present in a place or premise over which he as effective control.
One of the major sources of revenue for the Indian State 11933 Service was revenue from the licence fee from working of wireless apparatus under the Indian Telegraph Act, Whoever possesses any wireless telegraphy apparatus, other than a wireless transmitter, without a licence. Fine which may extend to Rs. Therefore, the current legislation was proposed, in order to prohibit possession of wireless telegraphy apparatus without licence.
INDIAN WIRELESS TELEGRAPHY ACT,
If the court decides in favour of confiscation then it must also pass an order of confiscation. We invite researchers, practitioners, artists, and theoreticians, both organisationally and as individuals, to engage with us on topics related internet and society, and improve our collective understanding of this field.
Fine which may extend to two hundred and fifty rupees. Series 2 Public Debate 19933 ‘Differential Pricing’: Section 6 deals with offences and penalties under the Act. The definition covers all types of apparatus, appliance, instrument or material which can be used or utilized for the purpose of wireless communication.
In the case of the first offence: It also excludes articles determined by the government not to be wireless apparatus. In this module, Snehashish Ghosh throws light on the main objective of the Act — that of regulating the possession of wireless telegraphy apparatus.
Such exemption given by the Central Government may be a general exemption or based on certain conditions. The office also has the power to confiscate the apparatus.
The Indian Wireless Telegraphy Act, 1933
Any person who wishes to use satellite phones for communication purposes has to get licence from the Department of Telecommunications. Site Map Accessibility Contact. Series 1 Tech Talk: