The Indian Telegraph Act, 1885

(1) This Act may be called the Indian TelegraphAct, 1885. 1[(2) It extends to whole of India2***.] (3) It shall come into force on the first day of October, 1885.

[Repeal and savings.] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and theSchedule.

In this Act, unless there is something repugnant in the subject or context,-- 1[(1) "Fund" means the Universal Service Obligation Fund established undersub-section (1) of section 9A; (1A) "Universal Service Obligation" means the 2[obligation to provide access to telegraph services] to people in the rural and remote areas at affordable and reasonableprices;] 3[4[(1AA) "telegraph" means any appliance, instrument, material or apparatus used orcapable of use for transmission or reception of signs, signals, writing, images and sounds orintelligence of any nature by wire, visual or other electro-magnetic emissions, Radio wavesor Hertzian waves, galvanic, electric or magnetic means; Explanation.--"Radio waves" or "Hertzian waves" means electro-magnetic waves offrequencies lower than 3,000 giga-cycles per second propagated in space without artificialguide:] (2) "telegraph officer" means any person employed either permanently or temporarily inconnection with a telegraph established, maintained or worked by 5[the Central Government] or by a person licensed under this Act; (3) "message" means any communication sent by telegraph, or given to a telegraphofficer to be sent by telegraph or to be delivered; (4) "telegraph line" means a wire or wires used for the purpose of a telegraph, withany casing, coating, tube or pipe enclosing the same, and any appliances and apparatusconnected therewith for the purpose of fixing or insulating the same; (5) "post" means a post, pole, standard, stay, strut or other above-ground contrivance forcarrying, suspending or supporting a telegraph line; (6) "telegraph authority" means the Director General of 6[Posts and Telegraphs], andincludes 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 commissionersor other authority legally entitled to, or entrusted by 9[the Central or any State Government] with, thecontrol or management of any municipal or local fund. 7* * * * *

1[(1)]Within 2[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 inconsideration of such payments as it thinks fit, to any person to establish, maintain or work atelegraph within any part of 2[India]: 3[Provided further that the Central Government may, by rules made under this Act andpublished in the Official Gazette, permit, subject to such restrictions and conditions as it thinksfit, the establishment, maintenance and working-- (a) of wireless telegraphs on ships within Indian territorial waters 4[and on aircraft within orabove 2[India], or Indian territoral waters], and (b) of telegraphs other than wireless telegraphs within any part of 2[India].] 5[Explanation.-- The payments made for the grant of a licence under this subsection shall includesuch sum attributable to the Universal Service Obligation as may be determined by the CentralGovernment after considering the recommendation made in this behalf by the Telecom RegulatoryAuthority of India established under sub-section (1) of section 3 of the Telecom Regulatory Authority ofIndia Act, 1997 (24 of 1997).] 1[(2) The Central Government may, by notification in the Official Gazette, delegate to thetelegraph 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 suchrestrictions and conditions as the Central Government may, by the notification, think fit toimpose.] 6[(3) Any person who is granted a license under the first proviso to sub-section (1) to establish,maintain or work a telegraph within any part of India, shall identify any person to whom it provides itsservices by-- (a) authentication under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefitsand Services) Act, 2016 (18 of 2016); or (b) offline verification under the Aadhaar (Targeted Delivery of Financial and Other Subsidies,Benefits and Services) Act, 2016 (18 of 2016); or (c) use of passport issued under section 4 of the PassportsAct, 1967 (15 of 1967); or (d) use of any other officially valid document or modes of identification as may be notified by theCentral Government in thisbehalf. (4) If any person who is granted a license under the first proviso to sub-section (1) to establish,maintain or work a telegraph within any part of India is using authentication under clause (a) ofsub-section (3) to identify any person to whom it provides its services, it shall make the other modes ofidentification under clauses (b) to (d) of sub-section (3) also available to such person. (5) The use of modes of identification under sub-section (3) shall be a voluntary choice of the personwho is sought to be identified and no person shall be denied any service for not having an Aadhaar number. (6) If, for identification of a person, authentication under clause (a) of sub-section (3) is used,neither his core biometric information northeAadhaar number of the person shall be stored. (7) Nothing contained in sub-sections (3), (4) and (5) shall prevent the Central Government fromspecifying further safeguards and conditions for compliance by any person who is granted a license underthe first proviso to sub-section (1) in respect of identification of person to whom it provides its services. Explanation.-- The expressions "Aadhaar number" and "core biometric information" shall have thesame meanings as are respectively assigned to them in clauses (a) and (j) of section 2 of the Aadhaar(Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016).]

1 [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 interestof the public safety, the Central Government or a State Government or any officer speciallyauthorised in this behalf by the Central Government or a State Government may, if satisfiedthat it is necessary or expedient so to do, take temporary possession (for so long as the public emergency exists or the interest of the public safety requires the taking of such action) of anytelegraph established, maintained or worked by any person licensed under this Act. (2) On the occurrence of any public emergency, or in the interest of the public safety, the CentralGovernment or a State Government or any officer specially authorised in this behalf by the CentralGovernment or a State Government may, if satisfied that it is necessary or expedient so to do in theinterests of the sovereignty and integrity of India, the security of the State, friendly relations with foreignStates or public order or for preventing incitement to the commission of an offence, for reasons to berecorded in writing, by order, direct that any message or class of messages to or from any person or classof persons, or relating to any particular subject, brought for transmission by or transmitted or received byany telegraph, shall not be transmitted, or shall be intercepted or detained, or shall be disclosed to theGovernment making the order or an officer thereof mentioned in the order: Provided that press messages intended to be published in India of correspondents accredited to theCentral Government or a State Government shall not be intercepted or detained, unless theirtransmission has been prohibited under this sub-section.]