1. Short title, extent and commencement.—(1) This Act may be called the Indian Wireless Telegraphy Act, 1933.

(2) It extends to the whole of India [* * * * *].

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. Definitions.—In this Act, unless there is anything repugnant in the subject or context

(1) ‘wireless communication’ means any transmission, omission or reception of signs, signals, writing, images and sounds, or intelligence of any nature by means of electricity, magnetism, or Radio waves or Hertzian waves, without the use of wires or other continuous electrical conductors between the transmitting and the receiving apparatus;

Explanation.—‘Radio waves’ or ‘Hertzian waves’ means electromagnetic waves of frequencies lower than 3,000 giga cycles per second propagated in space without artificial guide;

(2) ‘wireless telegraphy apparatus’ means any apparatus, appliance, instrument or material used or capable of use in wireless communication, and includes any article determined by rule made under section 10 to be wireless telegraphy apparatus, but does not include any such apparatus, appliance, instrument or material commonly used for other electrical purposes, unless it has been specially designed or adapted for wireless communication or forms part of some apparatus, appliance, instrument or material specially so designed or adapted, nor any article determined by rule made under section 10 not to be wireless telegraphy apparatus;

(2A) ‘wireless transmitter’ means any apparatus, appliance, instrument or material used or capable of use for transmission or omission of wireless communication;

(3) ‘prescribed’ means prescribed by rules made under section 10.

3. Prohibition of possession of wireless telegraphy apparatus without licence.—Save as provided by section 4, no person shall possess wireless telegraphy apparatus except under and in accordance with a license issued under this Act.

4. Power of Central Government to exempt persons from provisions of the Act.—The Central Government may by rules made under this Act exempt any person or any class of persons from the provisions of this Act either generally or subject to prescribed conditions, or in respect of specified wireless telegraphy apparatus.

5. Licenses.—The telegraph authority constituted under the Indian Telegraph Act, 1885 (13 of 1885), shall be the authority competent to issue licenses to possess wireless telegraphy apparatus under this Act, and may issue licenses in such manner, on such conditions and subject to such payments, as may be prescribed.

6. Offence and penalty.—(1) Whoever possesses any [wireless telegraphy apparatus, other than a wireless transmitter,] in contravention of the provisions of section 3 shall be punished, in the case of the first offence, with fine which may extend to one hundred rupees, and, in the case of a second or subsequent offence, with fine which may extend to two hundred and fifty rupees.

(1A) Whoever possesses any wireless transmitter in contravention of the provisions of section 3 shall be punished with imprisonment which may extend to three years, or with fine which may extend to one thousand rupees or with both..

(2) For the purposes of this section, a court may presume that a person possesses wireless telegraphy apparatus if such apparatus is under his ostensible charge, or is located in any premises or place over which he has effective control.

(3) If in the trial of an offence under this section the accused is convicted, the court shall decide whether any apparatus in respect of which an offence has been committed should be confiscated, and, if it so decides, may order confiscation accordingly.

7. Power of search.—Any officer specially empowered by the Central Government in this behalf may search any building, vessel or place in which he has reason to believe that any wireless telegraphy apparatus, in respect of which an offence punishable under section 6 has been committed, is kept or concealed, and take possession thereof.

8. Apparatus confiscated or having no owner to be the property of Central Government.—All wireless telegraphy apparatus confiscated under the provisions of sub-section (3) of section 6, and all wireless telegraphy apparatus having no ostensible owner shall be the property of the Central Government.

9. Power of Court to direct payment of fines to prescribed authority.—Ceased to have effect by A.O., 1937 and repealed by the Repealing and Amending Act, 1940 (32 of 1940), section 2 and Schedule I.

10. Power of Central Government to make rules.—(1) The Central Government may, by notification in the Official Gazette, make rules for the purpose of carrying into effect the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for

(i) determining that any article or class of article shall be or shall not be wireless telegraphy apparatus for the purposes of this Act;

(ii) the exemption of persons or classes of persons under section 4 from the provisions of this Act;

(iii) the manner of and the conditions governing the issue, renewal, suspension and cancellation of licenses, the form of licenses and the payments to be made for the issue and renewal of licenses;

(iv) the maintenance of records containing details of the acquisition and disposal by sale or otherwise of wireless telegraphy apparatus possessed by dealers in wireless telegraphy apparatus;

(v) the conditions governing the sale of wireless telegraphy apparatus by dealers in and manufacturers of such apparatus.

(3) In making a rule under this section the Central Government may direct that a breach of it shall be punishable with fine which may extend to one hundred rupees.

(4) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of 30 days which may be comprised in one session or [in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

11. Savings of Indian Telegraph Act, 1885.—Nothing in this Act contained shall authorise the doing of anything prohibited under the Indian Telegraph Act, 1885 (13 of 1885), and no license issued under this Act shall authorise any person to do anything for the doing of which a license or permission under the Indian Telegraph Act, 1885, is necessary.

The Telecom Regulatory Authority of India Act, 1997 [(1997) 4 Comp LJ 33 (St.)], incorporating the amendments made by the Telecom Regulatory Authority of India (Amendment) Ordinance/ Act, 2000 [(2005) 2 Comp LJ 85 (St.)].

Inserted vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.

Inserted vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.

Substituted for the following word ‘Government’ vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.

Inserted vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.

Substituted for the following sub-section (3) vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.

(3) The Authority shall consist of a Chairperson, and not less than two, but not exceeding four members, to be appointed by the Central Government.’

Substituted for the following section 4 vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.

‘4. Qualification for appointment of Chairperson and other members.—(1) The Chairperson shall be a person who is or has been a Judge of the Supreme Court or who is or has been Chief Justice of a High Court.

(2) A Member shall be a person who has special knowledge of, any professional experience, in telecommunication, industry, finance, accountancy, law, management and consumer affairs:

Provided that a person who is or has been in the service of Government shall not be appointed as a member unless such person has held the post of Secretary or Additional Secretary, or the post of Additional Secretary and Secretary to the Government of India or any equivalent post in the Central Government or the State Government for a period of three years.’

Substituted for the following sub-sections (2) and (3) vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.

‘(2) The Chairperson shall hold office for a term of five years from the date on which he enters upon his office.

(3) A member shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty five years, whichever is earlier.’

Substituted for the following words ‘selection as member’ vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.

Substituted for the following words ‘joining as a member’ vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.

Substituted for the following words ‘other members’ vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.

Inserted vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.

The words, brackets and figure ‘or sub-section (3)’ shall be omitted vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.

Substituted for the following words ‘other members’ vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.

Substituted for the following words ‘two years’ vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.

Inserted vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.

Substituted for the following sub-sections (2) and (3) vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.

‘(2) Notwithstanding anything contained in sub-section (1), no member shall be removed from his office on the ground specified in clause (d) or clause (e) of that sub-section unless the Supreme Court on a reference being made to it in this behalf by the Central Government, has, on an enquiry, held by it in accordance with such procedure as prescribed in this behalf, reported that the member ought on such ground or grounds to be removed.

(3) The Central Government may suspend from office a member in respect of whom a reference has been made to the Supreme Court under sub-section (2) until the Central Government has passed an order on receipt of the report of the Supreme Court on such reference.’

Substituted for the following word ‘determined by regulations’ vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.

Inserted vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.

Substituted for the following sub-section (1) vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.

(1) Notwithstanding anything contained in the Indian Telegraph Act, 1885, the functions of the Authority shall be to

(a) recommend the need and timing for introduction of new service provider;

(b) recommend the terms and conditions of licence to a service provider;

(c) ensure technical compatibility and effective inter-connection between different service providers;

(d) regulate arrangement amongst service providers of sharing their revenue derived from providing telecommunication services;

(e) ensure compliance of terms and conditions of licence;

(f) recommend revocation of licence for non-compliance of terms and conditions of licence;

(g) laydown and ensure the time period for providing local and long distance circuits of telecommunication between different service providers;

(h) facilitate competition and promote efficiency in the operation of telecommunication services so as to facilitate growth in such services;

(i) protect the interest of the consumers of telecommunication service;

(j) monitor the quality of service and conduct the periodical survey of such services provided by the service providers;

(k) inspect the equipment used in the network and recommend the type of equipment to be used by the service providers

(l) maintain register of interconnect agreements and of all such other matters as may be provided in the Regulations;

(m) keep register maintained under clause (l) open for inspection to any member of public on payment of such fee and compliance of such other requirements as may be provided in the Regulations;

(n) settle disputes between service providers;

(o) render advice to the Central Government in the matters relating to the development of telecommunication technology and any other matter relatable to telecommunication industry in general;

(p) levy fees and other charges at such rates and in respect of such services as may be determined by regulations;

(q) ensure effective compliance of universal service obligations;

(r) perform such other functions including such administrative and financial functions as may be entrusted to it by the Central Government or as may be necessary to carry out the provisions of this Act.

Substituted for the following words ‘under sub-section (1)’ vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.

Inserted vide Telecom Regulatory Appellate Authority of India (Amendment) Act 2000.

Substituted for Chapter IV vide Telecom Regulatory Appellate Authority of India (Amendment) Act 2000.

Inserted vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.

Inserted vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.

Inserted vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.

Inserted vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.

Omitted the following clause (c) vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.

‘(c) the salaries and allowances payable to and the other conditions of service of officers and other employees of the Authority under sub-section (2) of section 10;’

Substituted for the following words ‘under clause (I)’ vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.

Substituted for the following words ‘under clause (m)’ vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.

Substituted for the following words ‘under clause (p)’ vide Telecom Regulatory Appellate Authority of India (Amendment) Act, 2000.

See (1997) 1 Comp LJ 202 (St.).

Act No. 13 of 1885, dated 22.7.1885. As amended up to date.

Words ‘except the State of Hyderabad’ omitted by the Part B States (Laws) Act, 1951, with effect from 1.4.1951.

Repealed by the Repealing Act, 1938 (1 of 1938,) section 2 and Schedule.

Inserted by the Indian Telegraph (Amendment) Act, 2003. Act No. 8 of 2004, received the assent of the President on the 9 January, 2004, with retrospective effect from 1.4.2002.

Substituted by the Telegraph Laws (Amendment) Act, 1961, with effect from 2.5.1961.

Clause (1) renumbered as clause (1AA) by the Indian Telegraph (Amendment) Act, 2003. Act No. 8 of 2004, received the assent of the President on the 9 January, 2004, with retrospective effect from 1.4.2002.

Substituted by A.O. 1937, for ‘the Government’.

Substituted by Act 14 of 1914, section 2 for ‘Telegraphs’.

Renumbered as sub-section (1) of the section 4 by Act No. 7 of 1914.

Substituted by Act 45 of 1998, section 3 for ‘the Provinces’.

Substituted by Act 45 of 1998, section 3 for ‘the Provinces’.

Inserted by Act 7 of 1914, section 4.

Substituted by Act 45 of 1998, section 3 for ‘the Provinces’.

Substituted by Act 45 of 1998, section 3 for ‘the Provinces’.

Inserted by the Indian Telegraph (Amendment) Act, 2003. Act No. 8 of 2004, received the assent of the President on the 9 January, 2004, with retrospective effect from 1.4.2002.

Inserted by the Act 7 of 1914.

Substituted by the Indian Telegraph (Amendment) Act, 1972, with effect from 21.8.1972.

Inserted by the Indian Telegraph (Amendment) Act, 1971, with effect from 10.8.1971

Inserted by the Indian Telegraph (Amendment) Act, 1971, with effect from 10.8.1971.

Clauses (e) to (k) inserted by the Indian Telegraph (Amendment) Act, 1957, with effect from 1.7.1959.

Inserted by the Indian Telegraph (Amendment) Act, 1974 with effect from 1.6.1975.

Inserted by the Indian Telegraph (Amendment) Act, 2003 . Act No. 8 of 2004, received the assent of the President on the 9 January, 2004, with retrospective effect from 1.4.2002.

Inserted by the Telegraph Laws (Amendment) Act, 1961 with effect from 2.5.1961.

Substituted by the Telegraph Laws (Amendment) Act, 1961, with effect from 2.5.1961.

Substituted for ‘which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session

immediately following’, by the Indian Telegraph (Amendment) Act, 1974, with effect from 1.6.1975.

Sections 7A and 7B inserted by the Indian Telegraph (Amendment) Act, 1957, with effect from 1.7.1959.

Inserted by the Indian Telegraph (Amendment) Act, 2003. Act No. 8 of 2004, received the assent of the President on the 9 January, 2004, with retrospective effect from 1.4.2002.

Sections 19A and 19B inserted by Act 7 of 1914.

Substituted by Act 45 of 1998, section 3 for ‘the Provinces’.

Inserted by Act 7 of 1914.

Inserted by Act 7 of 1914.

Substituted by Act 14 of 1914, section 2 for ‘Telegraphs’.

Omitted by the A.O. 1937.

Act XVII of 1933, dated 11.9.1933.

Words ‘except the State of Hyderabad’ omitted by the Part B States (Laws) Act, 1951.

1 January 1934.

Substituted by the Telegraph Laws (Amendment) Act, 1961.

Substituted by the Telegraph Laws (Amendment) Act, 1961.

Substituted by the Act 31 of 1949, section 5 for ‘wireless telegraphy apparatus’.

Substituted by the Act 31 of 1949.

Substituted by the Act 31 of 1949.

Inserted by the Telegraph Laws (Amendment) Act, 1961.

Substituted for ‘in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following‘ by the Delegated Legislation Provisions (Amendment) Act, 1985, with effect from 15 May 1986.