Indian Telegraph Act 1885 Quiz

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Questions and Answers

Under what circumstances is compensation paid to the Central Government for a telegraph line or appliance?

  • If the line is abandoned after being connected for use.
  • If the compensation is voluntarily waived by the person.
  • If the work done is rendered abortive by the person's actions before connection. (correct)
  • If the telegraph is used beyond the fixed period.

What stipulation exists regarding fines imposed on licensed persons for breaches of telegraph conduct rules?

  • Fines for continuing breaches are an additional two hundred rupees per day. (correct)
  • Fines can be doubled for repeated violations after three breaches.
  • Fines can be set arbitrarily by the Central Government.
  • Fines cannot exceed one thousand rupees for any breach.

What factors are considered for assessing the amount of compensation for telegraph-related incidents?

  • The type of telegraph apparatus used.
  • The length of the telegraph line.
  • The principles and authority set forth by regulations. (correct)
  • The personal income of the affected individual.

What is the maximum fine a licensed person can incur for a single breach of telegraph rules?

<p>One thousand rupees. (C)</p> Signup and view all the answers

If a servant of a licensed person breaches the telegraph rules, how much is the maximum fine?

<p>One-fourth of the amounts specified for the licensed person. (A)</p> Signup and view all the answers

What provision allows the Central Government to impose fines on telegraph licensees?

<p>Established rules concerning telegraph conduct. (A)</p> Signup and view all the answers

What must occur for the compensation payment obligation to arise in a case of abortive work?

<p>The person's failure must happen before the line is connected. (C)</p> Signup and view all the answers

What aspect is NOT covered under the rules made for the conduct of telegraphs?

<p>Regulations regarding personal conduct of staff. (D)</p> Signup and view all the answers

What must the telegraph authority do to minimize impact on property during power exercises?

<p>Do as little damage as possible (D)</p> Signup and view all the answers

What action can the telegraph authority take without prior approval?

<p>Enter property for examination or repairs (B)</p> Signup and view all the answers

Under what condition can a local authority require the telegraph authority to remove or alter a telegraph line or post?

<p>If circumstances change and it's expedient (C)</p> Signup and view all the answers

What is the District Magistrate allowed to do upon receiving an application under sub-section (2)?

<p>Make a conditional order for removal or alteration (A)</p> Signup and view all the answers

What authority does a local authority have regarding conditions imposed on permissions given to the telegraph authority?

<p>To impose any reasonable conditions (B)</p> Signup and view all the answers

What authority does a first or second class Magistrate have regarding trees that interrupt telegraphic communication?

<p>They may cause the tree to be removed or dealt with as deemed fit (B)</p> Signup and view all the answers

What type of pipes or drains can the telegraph authority alter under the Act?

<p>Pipes or drains not being the main ones (C)</p> Signup and view all the answers

What compensation is awarded if a tree in existence before the telegraph line was placed is removed?

<p>Compensation determined by the Magistrate as reasonable (C)</p> Signup and view all the answers

What kind of compensation is the telegraph authority required to pay?

<p>Full compensation for damages (B)</p> Signup and view all the answers

What happens to telegraph lines or posts placed before the passing of this Act?

<p>They are regarded as established lawfully under this Act (B)</p> Signup and view all the answers

What type of property can the telegraph authority enter for repairs or examination?

<p>Any property under or near telegraph lines (B)</p> Signup and view all the answers

What must a person do if they intend to exercise a legal right that might damage a telegraph line?

<p>Provide one month's written notice to the telegraph authority (A)</p> Signup and view all the answers

Which of the following is NOT a power mentioned that the telegraph authority has?

<p>To modify local zoning laws (D)</p> Signup and view all the answers

In what scenario can a District Magistrate make an order for the alteration of a telegraph line post?

<p>At his own discretion based on the application received (A)</p> Signup and view all the answers

What must the Magistrate consider when compensating for a tree removed under sub-section (1)?

<p>What he deems reasonable based on circumstances (A)</p> Signup and view all the answers

What is the status of any telegraph post placed under the authority of the Central Government before the Act was passed?

<p>They are considered lawfully placed under the Act (C)</p> Signup and view all the answers

What is the maximum fine for refusing to leave a room when requested by an officer?

<p>Five hundred rupees (A)</p> Signup and view all the answers

What additional punishment does a person face for unlawfully attempting to learn the contents of a message?

<p>Imprisonment for up to one year (B)</p> Signup and view all the answers

What actions are considered punishable under section 25?

<p>Damaging a telegraph line (A)</p> Signup and view all the answers

What is the penalty for negligently damaging a telegraph line according to section 25 A?

<p>Liable to pay damages plus a fine of up to one thousand rupees (B)</p> Signup and view all the answers

What is the maximum imprisonment term for damaging, removing, or tampering with telegraph equipment?

<p>Up to three years (D)</p> Signup and view all the answers

Which of the following actions is specifically mentioned as punishable under the telegraph regulations?

<p>Intercepting a message (B)</p> Signup and view all the answers

If a telegraph officer unlawfully discloses message contents, what can they potentially face?

<p>Criminal charges (A)</p> Signup and view all the answers

What act may result in a fine for interrupting telegraphic communication due to negligence?

<p>Damaging a telegraph line or post (C)</p> Signup and view all the answers

What is one method for recovering payments due under sub-section (2)?

<p>Under a magistrate's warrant for distress and sale of movable property (C)</p> Signup and view all the answers

In the context of the Act's application to Presidency-towns, who replaces the 'District Magistrate'?

<p>Commissioner of Police (C)</p> Signup and view all the answers

Which court is referred to for applications in the Presidency-towns regarding the fee structure?

<p>Chief Judge of the Court of Small Causes (A)</p> Signup and view all the answers

What fee is applicable under sub-section (3) of section 16 for applications to the Chief Judge?

<p>The same as for a District Judge beyond Presidency-town limits (C)</p> Signup and view all the answers

What was omitted from the provisions concerning the application of the Act to Presidency-towns?

<p>Specific terminologies related to magistrates (B)</p> Signup and view all the answers

What is the punishment for making a fraudulent mark similar to a Telegraph Office stamp?

<p>A fine of fifty rupees (A)</p> Signup and view all the answers

What happens if a person retains a message that was delivered by mistake?

<p>They shall be imprisoned for up to two years (B)</p> Signup and view all the answers

In what context is a telegraph officer considered a public servant?

<p>Under the Indian Penal Code provisions regarding public servants (D)</p> Signup and view all the answers

What is the consequence for attempting to commit an offense punishable under this act?

<p>Punishment equivalent to the actual offense (D)</p> Signup and view all the answers

What can the State Government do if acts causing damage to telegraphs are frequently committed?

<p>Employ an additional police force in that area (D)</p> Signup and view all the answers

Who bears the cost of the additional police force employed in areas with telegraph damage?

<p>The local inhabitants of the area (C)</p> Signup and view all the answers

Which of the following actions is NOT punishable under this act?

<p>Volunteering for public service (B)</p> Signup and view all the answers

What does the term 'legal remuneration' include for public servants under this act?

<p>Compensation from the government and licensed persons (C)</p> Signup and view all the answers

Flashcards

Compensation for Telegraph Losses

Payment to the Central Government for losses related to telegraph lines, appliances, or apparatus provided for a person, when the line/appliance is given up early or work is rendered useless due to the person's actions.

Compensation Assessment Principles

The rules and authority determining how compensation for losses in telegraph services will be calculated.

Telegraph Employee Qualifications

Standards for individuals working on telegraph systems, including required examinations and admission fees.

Telegraph Conduct Rules

Regulations governing the proper and efficient handling of telegraph services.

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Fines for Rule Breaches

Penalties for violating telegraph regulations, both for the licensed person and their employees.

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Maximum Fine Limits

Maximum permissible fines for breaches in telegraph rules, categorized by the party responsible (licensed person or their employees).

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Continuing Breach Fine

Additional daily fine imposed for continued violation of telegraph rules after the initial breach.

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Unlawful Entry/Obstruction

Entering or blocking a telegraph office or obstructing a telegraph officer without permission, leading to a fine.

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Unlawful Message Content Acquisition

Trying to secretly get telegraph message details or doing something illegal, leading to a jail penalty.

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Damaging Telegraph Equipment

Intentionally harming telegraph lines, equipment, or signals to obstruct communications, leading to imprisonment.

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Damaging/Interfering with Telegraph Lines

Intentional or negligent damage to telegraph infrastructure. Compensation or fines may apply.

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Unauthorized Telegraph Officer Actions

Telegraph workers mishandling messages, preventing delivery/altering details, leading to punishment.

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District Magistrate's Discretion

A District Magistrate can reject an application, or order the removal or alteration of a telegraph line post, either with or without conditions.

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Telegraph Authority's Power Over Property

The telegraph authority has the right to place telegraph lines and posts on or over various properties, but must minimize damage and pay for any issues caused to property that is not specifically mentioned in the clauses (c).

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Removal of Interrupting Trees

A Magistrate can order the removal or other appropriate action for trees near telegraph lines that obstruct or likely to obstruct telegraphic communication.

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Repairing/Removing Telegraph Lines

The Telegraph Authority can enter on to property to fix, modify or remove its lines and posts.

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Compensation for Existing Trees

When a tree already present is removed due to interference with a telegraph line, compensation must be paid to the owner(s) of the tree.

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Local Authority Permission

Local governments can give the telegraph authority permission to work on properties under their control, with the ability to set conditions for this work.

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Local Authority's Removal/Alteration Power

If a local authority feels a line or post is problematic and its placement has changed in some way, they can mandate its relocation or removal.

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Pre-Act Telegraph Lines

Telegraph lines and posts established before a new act will be considered compatible with and compliant with the act's provisions.

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Notice Requirement for Property Actions

If an action regarding property can potentially harm a telegraph line or interrupt communication, the property owner must provide at least one month's written notice to the telegraph authority.

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Altering Pipes/Drains

The telegraph authority has permission to change the placement of smaller pipes and drains to accommodate their infrastructure.

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Fake Telegraph Marks Penalty

Making a false stamp or mark imitating a telegraph office mark is punishable by a fine up to 50 rupees.

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Message Misdelivery Penalty

Willfully keeping a message meant for another person, or refusing to give it up when required by telegraph staff, is punishable by up to 2 years in prison, and/or a fine.

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Telegraph Officer as Public Servant

Telegraph officers are considered public servants under sections 161-165 of the Indian Penal Code.

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Attempts to Commit Telegraph Offenses

Trying to commit a crime under the telegraph act is punishable by the provided penalties for the full offense.

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Additional Police Force (Mischief)

State governments can deploy additional police force in areas where telegraph damage is repeatedly committed.

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Cost of Additional Police Force

Local communities are responsible for paying the costs of additional police in areas where repeated telegraph damage occurs.

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Recovery of Moneys (Section 4)

Moneys owed can be collected through a magistrate's warrant (distress and sale of property) or a court suit.

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Magistrate Jurisdiction

A magistrate's power to enforce payment is limited by their assigned area (local limits).

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State Government Limits

The state government decides the area's boundary for recovery actions.

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Presidency-town Application (Section 34)

Certain parts of a law are switched for 'Commissioner of Police' and 'Chief Judge of the Court' in 'Presidency-towns'.

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Court Fees (Section 34)

Fees for applications to a Chief Judge's court are determined based on the standard for District-level cases *outside the presidency town. *

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Study Notes

Indian Telegraph Act 1885

  • Short Title: Indian Telegraph Act, 1885
  • Local Extent: Applies to the whole of India
  • Commencement: October 1, 1885
  • Repeal: Repealed by the Repealing Act, 1938 (section 2 and Schedule)

Definitions

  • Fund: Universal Service Obligation Fund, established under Section 9A.
  • Universal Service Obligation: Obligation to provide telegraph services to rural/remote areas at affordable prices.
  • Telegraph: Any appliance for transmission/reception of signs, signals, etc., including those using electromagnetic emissions (radio waves, Hertzian waves), galvanic, electric, or magnetic means.
  • Telegraph Officer: Any person employed in telegraph operations.
  • Message: Any communication transmitted by telegraph or given to a telegraph officer for transmission.

Privileges and Powers of the Government

  • Exclusive Privilege: Central Government holds exclusive privilege to establish, maintain, and work telegraphs within India.
  • Licenses: Central Government can grant licenses to individuals to establish, maintain, or work telegraphs in India, subject to conditions and payments.
  • Wireless Telegraphs: The Central Government may permit wireless telegraphs on ships, within India's territorial waters and on aircraft.
  • Delegation: The Central Government can delegate powers related to telegraphs to telegraphs authorities.

Power for Government to Take Possession of Licensed Telegraphs and Order Interception of Messages

  • Public Emergency: Central or State Government can take temporary possession or order interception of messages during public emergencies.
  • Public Safety: Action can be taken to protect the sovereignty and integrity of India, state security, friendly relations with foreign States, public order and preventing incitement to offenses.

Power to Establish Telegraphs on Railway Company Land

  • Railway Company: A railway company must permit the government to set up and maintain telegraph lines on their land and provide necessary facilities.

Power to Notify Rates for Transmission of Messages to Countries Outside India

  • International Rates: Central Government can notify rates for message transmission to countries outside India, considering factors like rates in those countries, foreign exchange rates, and rates within India

Power to Make Rules for Conduct of Telegraphs

  • Rules: Rules can be made to control telegraphs established, maintained, or worked by the government or licensed persons.

Rates and Other Conditions for Transmitted Messages

  • Rates Within India: The rates and conditions for messages transmitted within India.
  • Precautions: Measures to prevent unauthorized interception or disclosure of messages.
  • Preservation Period: Duration for preservation of telegrams or documents.
  • Fees: Fees for searching for telegrams and fees for the application of providing, establishing, or maintaining a telegraph line or apparatus.

Removal of Trees Interrupting Telegraphic Communication

  • Tree Removal: A magistrate can remove trees obstructing telegraphic communication.
  • Compensation: Compensation to those with trees affected.

Telegraph Lines and Posts Placed Before This Act

  • Historical Telegraphs: Telegraph lines and posts in existence before the Act come under the regulations here in.
  • Notice: Notice must be given to the relevant telegraph authority regarding actions that may potentially affect telegraph lines and posts.

Injury to or Interference with Telegraph Line or Post

  • Liability: Individuals are liable for any willful or negligent damage to existing telegraph lines or posts.
  • Compensation: Damage or interruption caused to a telegraph line or post will incur cost to the party responsible.

Telegraph Officer or Official Making Away or Altering or Intercepting Messages

  • Unlawful Acts: Telegraph officers and individuals involved in unlawfully handling, intercepting, altering, or disposing of messages are liable to punishment.
  • Secreting: Secretly concealing or misappropriating messages is prohibited.

Telegraph Officer Fraudulently Sending Messages Without Payment

  • Criminal Penalty: Telegraph officers fraudulently sending messages without payment are punishable.

Misconduct and Penalties

  • Misconduct Penalties: Punishments for misconduct and negligence in telegraph operations.
  • Misconduct: Punishments for various offenses like drunken behavior, and neglecting transmission/delivery of messages.
  • Creating False Messages: Punishments for creating messages without authorization for criminal purposes.

Retention of Delivered Messages or Wrongful Actions

  • Wrongful Acts: Punishments for wrongfully retaining or secreting messages that were intended for delivery to someone else.

Bribery

  • Bribery Definition: Telegraph officers are considered public servants for purposes of bribery laws, making it an applicable offense.

Attempts to Commit Offences

  • Attempts: Punishments for individuals attempting to commit offenses described in the Act.

Additional Police in Areas of Repeated Mischief

  • Additional Police Force: State Government can deploy additional police if repeated telegraphic mischief arises in a particular area.
  • Cost: Inhabitants bear the cost of additional police presence.

Application of Act to Presidency towns

  • Presidency Court Jurisdiction: Act applies to the Presidency towns with suitable adjustments like replacing District Magistrate with a Commissioner of Police and District Judge with the Chief Judge of the Court of Small Causes court).

Breach of Conditions of License

  • Breach Penalties: Licensees violating the terms of their license are subject to fines.

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