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 office also has the power to confiscate the apparatus. Series 1 Tech Talk: The definition covers all types of apparatus, appliance, instrument or material which can be used or utilized for the purpose of wireless communication. In wureless 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.
In the case of the first offence: 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, All wireless telegraphy apparatus which does not have any ostensible owner shall also belong to the Central Government.
Location on Google Map. 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.
The Indian Wireless Telegraphy Act, — The Centre for Internet and Society
Fine which may extend to two hundred and fifty rupees. The Central Government under section 4 has the power to make rules to exempt persons from the provision of the Act. Whoever possesses any wireless 1393 apparatus, other than a wireless transmitter, without a licence. It also excludes articles determined by the government not to be wireless apparatus.
The Indian Wireless Telegraphy Act, 1933
Follow our Works Newsletter: Support Us Please help us defend citizen and user rights on the Internet! Maintenance of records as to sale, acquisition of wireless telegraphy apparatus by dealers. Such exemption given by the Central Government may be a general exemption or based on certain conditions.
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 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.
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 academic research at CIS seeks to understand the reconfiguration of social processes and structures through the internet and digital media technologies, and vice versa. The definition excludes any apparatus, appliance, and instrument or materials which are generally used for other electrical purposes. The extent of the Act, definitions and key concepts are covered under sections 1 and 2 of the Act.
The government may make rules to that effect. Fine which may extend to Rs.
Presently the Act is used to prosecute cases, related to illegal possession and transmission via satellite phones. It also mentions that any licence under the Act shall not authorise any act in contravention of the Indian Telegraph Act, 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.
Therefore, the current legislation was proposed, in order to prohibit possession of wireless telegraphy apparatus without licence. If the court decides in favour of confiscation then it must also pass an order of confiscation. The Indian Wireless Telegraphy Act, Under section 8, all wireless telegraphy apparatus which has been confiscated by the Central Government under section 6 3 shall be considered as the property of the Central Government.
It may exempt certain persons from the application of the Act, wirless certain wireless telegraphy apparatus only.
The Central Government may impose telegraphyy fine of upto hundred rupees in the case of breach of such rules. The Act lays down few general subjects on sct the Central Government has the power to make rules under the Act.
Section 5 in The Indian Wireless Telegraphy Act,
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. Through its diverse initiatives, CIS explores, intervenes in, and advances contemporary discourse and practices around internet, technology and society in India, and elsewhere.
Section 6 deals with offences and penalties under the Act. 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 wlreless, open educational resources, and open videointernet governance, telecommunication reform, digital privacy, and cyber-security.