“The Telegraph Act. 1885”

The Indian telegraph act 1885 ?came into force on 1st Oct 1885 that allowing only the government in the public interest to intercept messages, tapping phones by private authorities is illegal. The act warrants intersection in the case of emergency and the public interest by the state government and central government.

The Indian Telegraph Act, 1885 (Telegraph Act) contains six parts. Part I deals with definitions of keywords used in the Telegraph Act. Part II grants the government the exclusive privilege concerning the telegraph. Part II also gives power to the issue license to private operators to offer telegraph services. Part IIA was inserted in the Telegraph Act by the Indian Telegraph (Amendment) Act, 2003. It deals with the setting up of the Universal Service Obligation Fund (USOF) to meet universal service obligations. (For further details see the Module on USOF). Part III deals with procedures and guidelines to be followed; for installing and maintaining communication equipment. It also lays down guidelines for setting up communication devices on private property and also the procedure for resolution of any dispute which may arise between the service provider and the owner of the private property. Part IV lays down the offenses and penalties concerning unauthorized use of communication or telegraph services. Part V deals with other supplementary provisions.

Central Government may impose a fine if there is any breach of rules made by it under the Telegraph Act. It may also impose a fine upon licensees if they are found to violate the rules laid down by the Central Government under the Telegraph Act.?The Central Government may also revoke any license granted under the Telegraph Act, in case of breach of any condition or default of payment concerning the license.

Section 9 deals with government liability concerning loss or damage. The government does not take any responsibility for any loss or damage caused by a telegraph officer failing in performing his duties. However, such a telegraph officer can be held liable if acts negligently, maliciously, or fraudulently.

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