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Indian Telegraph Act, 1885 4. Exclusive privilege in respect of telegraphs, and power to grant licenses 6 [(1) Within 1[India], the Central Government shall have the exclusive privilege of establishing, maintaining and working telegraphs: PROVIDED that the Central Government may grant a license, on such conditions and in consideration of such payments as it thinks fit, to any person to establish, maintain or work a telegraph within any part of 1[India]: 7 [PROVIDED FURTHERthat the Central Government may, by rules made under this Act and published in the Official Gazette, permit, subject to such restrictions and conditions as it thinks fit, the establishment, maintenance and working- (a) of wireless telegraphs on ships within Indian territorial waters 8[and on aircraft within or above 1[India], or Indian territorial waters], and (b) of telegraphs other than wireless telegraphs within any part of 1[India]. 7 [(2) The Central Government may, by notification in the Official Gazette, delegate to the telegraph authority all or any of its powers under the first proviso to sub-section (1). The exercise by the telegraph authority of any power so delegated shall be subject to such restrictions and conditions as the Central Government may, by the notification, think fit to impose.] Comment: The permissions granted by other departments are no substitute for the license under the proviso to Section 4(1). Secretary, Ministry of Information and Broad-casting, Govt. of India v. Cricket Association of Bengal AIR 1995 SUPREME COURT 1236    |
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