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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Under section 5, the telegraph authority constituted under the Indian Telegraph Act, shall be the competent wiireless to issue licences under this 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.
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. 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 excludes any apparatus, appliance, 19333 instrument or materials which are generally used for other electrical purposes.
Series 3 Public Debate on ‘Differential Pricing’: Location on Google Map. You may donate online via Instamojo. 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.
The Indian Wireless Telegraphy Act, 1933
Therefore, the current legislation was proposed, in order to prohibit possession of wireless telegraphy apparatus without licence.
The definition covers all types of apparatus, appliance, instrument or material which can be used or utilized for the purpose of wireless communication. Recently foreign tourists were charged under this Act for illegal possession of satellite phones. The Indian Wireless Telegraphy Act, Support Us Please help us defend citizen and user rights on the Internet! All wireless telegraphy apparatus which does not have any ostensible owner shall also belong to the Central Government.
Fine which may extend to Rs. In the case of a second or subsequent wirleess Fine which may extend to two hundred etlegraphy fifty rupees. The Central Government under section 4 has the power to make rules to exempt persons from the provision of the Act. It may exempt certain persons from the application of the Act, for certain wireless telegraphy apparatus only.
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 in a place or premise over which he as effective control.
Presently the Act is used to prosecute cases, related to illegal possession and transmission via satellite phones.
It also covers all articles which are determined to be a wireless apparatus according to the rules made by the government. The Act lays down few general subjects on which the Central Government has the power to make rules under the Act. However, if such devices are designed or modified for wireless communication or is used as a part of such wireless communication device.
In the case of the first offence: Site Map Accessibility Contact. 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, If the court decides in favour of confiscation then it must also pass an order of confiscation.
Series 1 Tech Talk: It also mentions that any licence under the Act shall not authorise any act in contravention of the Indian Telegraph Act, Any person who wishes to use satellite phones for communication purposes has to get licence from the Department of Telecommunications. The office also has the power to inrian the telegra;hy. Eligibility for the purpose of being exempted from the application of this Act Sec.
The extent of the Act, definitions and key concepts are covered under sections 1 and 2 of the Act. Maintenance of records as to sale, acquisition of wireless telegraphy apparatus by dealers. The Centre for Internet and Society CIS is a non-profit organisation that undertakes interdisciplinary research on internet and digital wirelesw from policy and academic perspectives.
Whoever possesses any wireless telegraphy apparatus, other than a wireless transmitter, without a licence.
Section 3 in The Indian Wireless Telegraphy Act,
Such twlegraphy given by the Central Government may be a general exemption or based on certain conditions. Section 10 gives power to the Central Government telegrapht 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. In this module, Snehashish Ghosh throws inxian on the main objective of the Act — that of regulating the possession of wireless telegraphy apparatus. 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.
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. It also excludes articles determined by the government not to be wireless apparatus.
The areas of focus include digital accessibility for persons with disabilities, access to knowledge, intellectual property rights, openness including open data, free and open source software, open standards, open access, open educational resources, and open videointernet governance, telecommunication reform, digital privacy, and cyber-security. The Indian State Broadcasting Service was losing wigeless due to lack of legislation for prosecuting persons using unlicensed wireless apparatus as it was difficult to trace them at the indin place and then prove that such instrument has been installed, worked and maintained without licence.
Section 6 deals with offences and penalties under the Act. The Central Government may impose a fine of upto hundred rupees in the case of breach of such rules.
The government may make rules to ihdian effect. Series 2 Public Debate on ‘Differential Pricing’: