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.
|Published (Last):||22 December 2007|
|PDF File Size:||16.76 Mb|
|ePub File Size:||19.20 Mb|
|Price:||Free* [*Free Regsitration Required]|
Location on Google Map. The definition excludes any apparatus, appliance, and instrument or materials which are generally used for other electrical purposes.
The Indian Wireless Telegraphy Act, 1933
Support Us Please help us defend citizen and user rights on the Internet! Such exemption given by the Central Government may be a general exemption or based on certain conditions.
Under section 5, the telegraph authority constituted under the Indian Telegraph Act, shall be the competent authority to issue licences under this Act. Fine which may extend to two hundred and fifty rupees.
In the case of the first offence: It may exempt certain persons from the application of the Act, for certain wireless telegraphy apparatus only. Series 2 Public Debate on ‘Differential Pricing’: Series 3 Public Debate on ‘Differential Pricing’: Therefore, the current legislation was proposed, in order to prohibit possession of wireless telegraphy apparatus without licence.
Series 1 Tech Talk: The government may make rules to that effect. The Act lays down few general subjects on which the Central Government has the power to make rules under the 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.
Eligibility for the purpose of being telfgraphy from the application of this Act Sec. The Indian Wireless Telegraphy Act, The office also has the power to confiscate the apparatus. The Central Government may impose a fine of upto hundred rupees in the case of breach of such rules. Section 6 deals with offences and penalties under the Act. One of the major sources of revenue for the Indian State Broadcasting Service was revenue from the licence fee from working of wireless apparatus under the Indian Telegraph 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 context of evidentiary value, the court might 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 inddian a place or premise over which he as effective control.
In the case of a second or subsequent offence: It also mentions that any licence under the Act shall not authorise any act in contravention of the Indian Telegraph Act, In a trial of an offence under section 6, if the accused is convicted then the court shall also decide whether the apparatus used or involved in the offence should be confiscated. However, if such devices are designed or modified for wireless communication or is used as indixn part of such wireless communication device.
Through its diverse initiatives, CIS explores, intervenes in, and advances contemporary discourse and practices around internet, technology and society in India, and elsewhere. The academic research at CIS seeks to understand the reconfiguration of social processes and structures through the internet and digital media technologies, and vice versa.
Funded by Kusuma Trust Kusuma Trust supports innovation, new developments in higher education, training and advocacy, all of which have enormous potential to benefit society. In this module, Snehashish Ghosh throws light on the main objective of the Act — that of regulating the possession of wirelews telegraphy apparatus. The extent of the Act, definitions and key concepts are covered under sections 1 and 2 of the Act. 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 tflegraphy.
Section 6 in The Indian Wireless Telegraphy Act,
Recently foreign tourists were charged under this Act for illegal possession of satellite phones. It also excludes articles determined by the government not to be wireless apparatus. All wireless telegraphy apparatus which does not have any ostensible owner shall also belong to the Central Government.
Section 10 gives power to the Central Government to make rules through notification in the official gazette with respect to give effect to provisions under the Act. 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.
Follow our Works Newsletter: Presently the Act is used to prosecute cases, related to illegal possession and transmission via satellite phones.
Section 3 in The Indian Wireless Telegraphy Act,
Any person who wishes to use satellite phones for communication purposes has to get licence from the Department of Telecommunications. 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.
If the court decides in favour of confiscation then it must also pass an order of confiscation. Conditions with respect to sale of wireless telegraphy apparatus by dealer and manufactures of such apparatus. 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.
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, Fine which may extend to Rs.