TELEGRAPH ACT

The Telegraph Act, 1885

Sections                                Contents

PART-1

Preliminary

1 Short title, local extent and commencement

2 Repeal and saving

3 Definitions

PART-11

PRIVILEGES AND POWERS OF THE GOVERNMENT

4 Exclusive Privilege in respect of Telegraphs, and Power to Grant Licenses.

5 Power for Government to take possession of licensed telegraphs and to order interruption of Messages.

6 Power to establish telegraph on land of Railway Company.

7 Power to make rules for the Conductof Telegraphs.

7-A               Recovery of duties in respect to telegraph, etc

8 Revocation of licences.

9 Government not responsible for loss of damage

PART-111

POWER TO PLACE TELEGRAPHLINES AND POSTS

10 Power for telegraph authority to place and maintain telegraphlines and posts.

11 Power to enter on propertyin order to repair or remove telegraphlines or posts.

12 Power for local authority to give permission under Section 10, clause (c), subject to conditions.

13 Power for Local Authority to require removalor alternation of telegraph line or post.

14 Power to alter position of gas or water pipes or drains.

15 Dispute between TelegraphAuthority and local authority.

16 Exercise of powers conferred by Section 10, and disputesas to compensation, in case of propertyother than that of a local authority.

17 Removal or alternation of telegraph

line or post on propertyother than that of a local authority.

18 Removal of trees interrupting telegraphic communication.

19 Telegraph lines and posts, placedbefore the passingof this Act.

19-A Person exercising legal rights likely to damage telegraph or interfere, with telegraphic communication to give notice.

19-B Power to confer upon licenseepowers to telegraphauthority under this Part.

PART-IV PENALTIES

20 Establishing, maintaining or working unauthorised telegraph.

20-A             Breach of conditionsof license.

21 Using unauthorized telegraphs.

22 Opposing establishment of telegraphs on railway land.

23 Intrusion into signal-room, trespass in Telegraph Officer or obstruction.

24 Unlawfully attempting to learn contentsof messages.

25 Intentionally damaging or tampering with telegraph.

25-A Injury to or interference with a telegraph line or post.

25-B Theft on Telegraph Line.

25-C Penalty for tampering, etc., of telegraph line.

25-D Penalty for causing annoyance, etc. 25-E                      Application of Chapter XX, Act V of

1898.

25-F              Burden of proof in certain cases.

26 Telegraph Officer or other officialmaking away with or alteringor unlawfully intercepting or disclosing messages, or divulging purport of signals.

27 Telegraph Officer fraudulently sending messages withoutpayment.

28 Misconduct.

29 Sending fabricated or absence message.

29-A             Penalty.

30 Retaining a message delivered by mistake.

31 Bribery.

32 Attempts to commit offences. PART-V

SUPPLEMENTAL PROVISIONS

33 Power to employ additional police in places where mischief to telegraphsis repeatedly committed.

34 Application of Act to acceding States.

The Telegraph Act, 1885

No. XIII of 1885

Preamble.

22nd July, 1885

An Act to amend the law relating to Telegraphs in Pakistan.

Whereas it is expedient to amend the law relatingto telegraphs in Pakistan. It is herebyenacted as follows:-

PART I

Preliminary

1. Short title, local extent and commencement.

(1) This Act may be called the Telegraph Act, 1885.

(2) It extends to the whole of Pakistan, and it applies also to all citizensof Pakistan and persons in the serviceof Government wherever they may be.

(3) It shall come into force on the first day of October, 1885.

2. Repeal and Saving. Rep. by the RepealingAct, 1938 (I of 1938), S. 2 and Sch.

3. Definitions. Inthis Act, unless there is something repugnantin the subject or contex,

(1) ‘telegraph’ means any apparatus, equipment or plant used for transmitting, emitting,making or receivingsigns, signals, writing, speech, sound or intelligence of any nature by wire, radio or visual or electromagnetic system.

(2) ‘telegraph officer’means any person employed . either permanently or temporarily in connection with a telegraphestablished, maintained or worked by the FederalGovernment or by a person licensed under this Act;

(3) ‘message’ means any communication, whether in written,printed, pictorial or spoken form, transmitted, emitted, made, receivedor delivered by telegraph or given to a telegraphofficer to be transmitted, or emitted and includes alt contents thereof;

(4) ‘telegraph line’ means a wire or cable used for the purpose of telegraph, includingany casing, coating,tube, tunnel, duct or pipe enclosing the same, and includes any apparatus connected therewith,

(5) ‘post’ means a post, pole standard,stay, strut or other contrivance for carrying, suspending or supporting a telegraph line and includesmasts and towers required for telegraph.

(6) ‘telegraph authority’ means the Director-General, Pakistan Telegraph and

Telephone Department, and includes any officer empoweredby him to perform all or any of the functions of the telegraphauthority under this Act;

(7) ‘local authority’ means any municipal committee, district board, Body of Port Commissioners or other authoritylegally entitled to, or entrustedby the Federal or any Provincial Government with, the control or managementof any municipal or local fund;

(8) ‘works means a manhole,cabinet, housing for cable repeateror radio repeater or any other structureabove or under the ground, required for a post or telephoneline.

PART II

PRIVILEGES AND POWERS OF THE GOVERNMENT

4. Exclusive Privilege in respect of Telegraphs, and Power to Grant Licenses

(1) Federal Government shall have the exclusive privilegeof establishing, maintaining, and working telegraph:

Provided that Federal Governmentmay grant a licence, on such conditionsand in consideration of such payments as it thinks fit, to any person to establish. maintain or work a telegraphwithin any part of Pakistan;

Provided further that the Federal Government may by rules made under this Act and published in the officialGazette permit subject to such restrictions and conditions as it thinks fit, the establishment. maintenance and working-

(a.) of wireless telegraphs on ships within Pakistan territorial waters and on aircraft within or above Pakistan,Pakistan, territorial waters, and

(b) of telegraphsother than wirelesstelegraphs within any part of Pakistan,

(2) The Federal 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 exerciseby the telegraph authority of any power so delegatedshall be subject to such restrictions and conditions as the Federal Government may. by the notification think fit to impose.

5. Power for Government to take possession of licensed telegraphs and to order interception of Messages. (1) On the occurrence of any public emergency, or, in .the interest of the public safety, the Federal Government or a Provincial Government or any officer speciallyauthorised in this behalf by the FederalGovernment or a Provincial Government, may-

(a) take temporary possession of any telegraphestablished, maintained or worked by any person licensed under this Act: or

(b) order that any message or class of messages to or from any person or class of personsor relating to any particularsubject brought for transmission by or transmitted or received by, any telegraph, shall not be transmitted, or shall be intercepted or detained, or shall be disclosed to the Governmentmaking the order or any officer thereof mentioned in the order.

(2) If any doubt arises as to the existence of a public emergency, or whether any act done under subsection (1) was in the interest of the public safety, a certificate of the FederalGovernment or, as the case may be, the Provincial Government shall be conclusive proof on the point.

6. Power to establish telegraphon land of Railway Company.The Railway Administration on being required so to do by the Federal Government shall permit

the Governmentto establish and maintain a telegraph upon any part of the land under the management or control of the Administration, and shall give every reasonable facility for working the same.

7. Power To make rules for The Conduct of Telegraphs. (1) The Federal Government may, from time to time, by notification in the officialGazette make rules consistent with. this Act for the conduct of all or any telegraphsestablished, maintained or worked by the Government or by persons licences under this Act.

(2) Rules under this sectionmay provide for all or any of the following, among other matters,that is to say-

(a) the rates at which, and the other conditions and restrictions subjectto which, messages shall be transmitted;

(b) the precautions to be taken for preventing the improper interception or disclosure of messages;

(c) the period for which, and the conditions‘subject to which, telegrams and other documents belonging to, by being in the custody of telegraphofficers shall be preserved: and

(d) the fees to be charged for searchingfor telegrams or other documentsin the custody of any telegraph officer.

(3) When making rules for the conduct of any telegraph established, maintained or worked by any person licensedunder this Act, the Federal Government may, by the rules, prescribefines for any breach of the same:

Provided that the fines so prescribed shall not exceed the followinglimits, namely: –

(i) when the person licensed under this Act is punishable for the breach,one thousand rupees, and in the case of a continuing breach a further fine of two hundred rupees for every day after the first during the whole or any part of which the breach continues:

(ii) when a servant of the person so licensed,or any other person, is punishable for the in-each,one-fourth of the amounts specifiedin clause (i),

7-A. Recovery of dues in respect of telegraph, etc. If any person does not pay any sum due from him under this Act in respect of any telegraph or message, the sum so due may, on application made by the telegraph authorityin this behalf, be recoveredfrom such person,as if it were a fine imposed under this Act by any Magistrate having jurisdiction where that person may for the time being the resident; and the TelegraphAuthority may furtherdirect that any message, not being on .

Pakistan State Service, addressedto that person, shall be withheld from him until the sum so due is paid or recoveredas aforesaid.

8. Revocation of licences. The Federal Government may. at any time. revoke any licensegranted under Section 4. on the breach of any of the conditions thereincontained, or in default Of payment of any consideration payable thereunder.

9. Government not responsible for loss of damage. The Government shall not be responsible for any loss or damage which may occur in consequence of any telegraphofficer failing in his duty with respect to the receipt, transmission or delivery of any message;and no such officer shall be responsible for any such loss or damage unless he causes the same negligently. maliciously or fraudulently.

PART III

POWER TO PLACE TELEGRAPH LINES AND POSTS

10. Power for telegraph authorityto place and maintain telegraphlines and posts :– The Telegraph Authoritymay place, set up, repair, alter and maintain or cause to be placed, set up, repaired, altered and maintained a telegraph line, post or works under, over, along, across or through any land, seashore,road, stream, water or any immovable property,may break, excavateand remove soil to the extent and depth required for placingor removing telegraphline, post or works, and for the purpose of constructing or maintaining a telegraph line or post, may dig earth, stone and gravel and fell trees:

Provided that–

(a) the Telegraph Authorityshall not exercisethe powers conferredby this section except for the purposesof a telegraph established or maintained by the FederalGovernment or to be so established or maintained;

(b) the Federal Government shall not acquire by right other than that of user only in the property under, over, along, across, in or upon which the Telegraph Authorityplaces any telegraph line or post: and

(c) except as hereinafter provided, the Telegraph Authority shall not exercise those powers in respect of any property vested in or under the control or management of any Local Authority, without the permissionof that authority: and

(d) in the exerciseof the powers conferred by this section,the telegraph authorityshall do as little damages possible, and, when it has exercisedthose powers in respect of any propertyother than that referred to in clause (c), shall pay full compensation to all persons interested for any damage sustained by them by reason of the exerciseof those powers.

11. Power to enter on property in order to repair or remove telegraphlines or posts. The telegraphauthority may at any time for the purpose of examining, repairing, altering or removingany telegraph line, post or works, enter on the property under, over, along across, in or upon which the line or post has been placed

12. Power for local authorityto give permission under Section 10, clause (c), subject to conditions: (1) Any permission given by a local authorityunder Section 10, clause (c), may be given subjectto such reasonable conditions as that authoritythinks fit to impose, as to the payment of any expensesto which the authority will necessarily be put in consequence of the exerciseof the powers conferred by that section, or as to the time or mode of execution of any work, or as to any other thing connected with or relativeto any work undertaken by the telegraphauthority under those powers:

[Provided that, notwithstanding anything contained in any other law for the time being in force, the local authorityshall not impose any conditionwhich requires the telegraph authorityto pay rent or royalty for settingup or placing a telegraphline over, across, along or through the property of that authority.

(2) Any dispute regardingthe amount of the expenses payable by the telegraphauthority under subsection (1) shall be determined in accordance with Section 15: Provided that permission to the telegraphauthority shall not be withheld on accountof such dispute.

13. Power for Local Authorityto require removal or alternation of telegraph line or post. When under the foregoingprovisions of this Act, a telegraph line, post or works has been placed by the telegraph authorityunder, over, along, across, in or upon any propertyvested in or under the control or management of a local authority, and the local authority, having regard to circumstances which, have arisen since the telegraph line, post or works was so placed, considers it expedient that it should be removedor that its position should be altered, the local authority may require the

telegraph authorityto remove it or alter its position,as the case may be.

14. Power to alter positionof gas or water pipes or drains. The telegraphauthority may, for the purpose of exercising the power conferredupon it by this Act in respect of any property vested in or under the control or management of a local authority, alter the positionthereunder on any pipe (not being a main of the supply of gas or water, or of any drain (not being a main drain):

Provided that–

(a) when the TelegraphAuthority desires to alter the position of any such pipe or drain, it shall give reasonable notice of its intention to do so, specifying the time at which it will begin to do so, to the local authority, and, when the pipe or drain is not under the controlof the local authority, to the person under whose control the pipe or drain is;

(b) a local authorityor person receivingnotice under clause (a) may send a person a person to superintend the work, and the TelegraphAuthority shall execute the work to the reasonable satisfaction of the person so sent.

15. Dispute between Telegraph Authorityand local authority(1) If any dispute arises between the telegraph authorityand a local authority in consequence of the local authority refusingthe permission referredto in Section 10, clause (c), or prescribing any condition under Section 12, or in consequence of the telegraphauthority omitting to comply with a requisition made under Section 13, or otherwise in respect of the exerciseof the powers conferred by this Act, it shall be determined by such as the Federal Government may appoint either generally or specially in this behalf.

(2) An appeal from the determination of the officer so appointedshall lie to the FederalGovernment; and the order of the FederalGovernment shall be final. Provisions applicable to other Property

16. Exercise of powers conferredby Section 10, and disputes as to compensation, in case of property other than that of a local authority.(1) If the exercise of the powers-mentioned in Section 10 in respect of propertyreferred to in clause (d) of that section is resisted or obstructed, the District Magistrate may, in his discretion, order that the telegraph authorityshall be permittedto exercise them.

(2) If, after the making of an order under subsection (i), any person resists the exercise of those powers,or, having control over the property, does not give all facilities for their being exercised, he shall be deemed to have committedan offence under Section 188 of the Pakistan Penal Code.

(3) If any dispute arises concerning the sufficiency of the compensation to be paid under Section10, clause (d) it shall, on application for that purpose by either of the disputing parties to the District Judge within whose jurisdiction the property is situate, be determined by him.

(4) If any dispute arises as to the persons entitled to receive compensation or as to the proportions in which the persons interestedare entitled to share in it, the Telegraph Authoritymay pay into the Court of the District Judge such amount as he deems sufficient, or, where all the disputingparties have in writing admittedthe amount tendered to be sufficient or the amount has been determined under sub- section (3) that amount; and the DistrictJudge after giving notice to the parties and hearingsuch of them as desires to be heard, shall determine the persons entitled to receive the compensation or, as the case may be, the proportions in which the persons interested are entitled to share in it.

(5) Every determination of a dispute by a DistrictJudge under sub-section (3) or sub-section (4) shall be final:

Provided that nothing in this sub-section shall affect the right of any person to recoverby suit the whole or any part of any compensation paid by the telegraph authority from the person who has received the same.

17. Removal or alternation of telegraph line or post on propertyother than that of a local authority. (1) When under the foregoingprovisions of this Act, a telegraph line, post or works has been placed by the Telegraph Authorityunder, over, along, across, in or upon any property,not being property vested in or under the control or management of a local authority, and any person entitled to do so desires to deal with that propertyin such a manner as to render it necessaryor convenient that the telegraphline or post should be removed to another part thereof or to a higher or lower level or altered in form, he may require the Telegraph Authorityto remove or alter the line or post accordingly:

Provided that, if compensation has been paid under Section 10, clause (d), he shall, when making the requisition, tender to the Telegraph Authoritythe amount requisiteto defray the expense of the removal or alternation, or half of the amount paid as compensation, whichevermay be the smaller sum.

(2) If the Telegraph Authorityomits to comply with the requisition the person making it may apply to the District Magistrate within whose jurisdiction the property is situate to order the removal or alteration.

(3) A District Magistrate receivingan application under sub-section (2) may in his discretion, reject the same or make an order absolutely or subject to conditions, for the removal of the telegraph line or post to any other part of the property or to a higher or lower level, or for the alterationof its form; and the order so made shall be final.

Provisions applicable to other Property

18. Removal of trees interrupting telegraphic communication. (1) If any tree standing or lying near a telegraphline interrupts, or is likely to interrupt,telegraphic communication a Magistrate of the First or Second Class may, on the application of the telegraphauthority, cause the tree to be removed or dealt with in such other way as he deems fit.

(2) When disposing of an application under subsection (1) the Magistrate shall, in the case of any tree in existencebefore the telegraphline was placed, award to the persons interested in the tree such compensation as he thinks reasonable, and the award shall be final.

19. Telegraph lines and posts, placed before the passing of this Act. Every telegraph line, post or works placed before the Passingof this Act under, over, along, across,in or upon any property,for the purposes of a telegraph established or maintained the Federal Government, shall be deemed tohave been placedin exercise of the powers conferred by, and after observance of all the requirements of this Act.

19-A. Person exercising legal right likely to damage telegraph or interfere with telegraphic communication to give notice.Any person desiringto deal in the legal exercise of a right with any property in such a manner as is likely to cause damage to a telegraphline, post or works which has been duly placed in accordance with the provisionsof this Act, or to interrupt or interfere with telegraphic communication, shall give not less than one month’s notice m writing of the intendedexercise of such right to the TelegraphAuthority, or to any TelegraphOfficer whom the Telegraph Authoritymay empower in this behalf.

(2) If any such person without having complied with the provisionsof sub-section (1)

deals with any property in such a manner as is likely to cause damage to any telegraph line post or works or to interruptor interfere with telegraphic communication, a Magistrate of the First or Second Class may, on the application of the telegraphauthority, order such person to abstain from dealing with such propertyin such manner for a period not exceeding one month from the date of his order and forthwith to take such action with regard to such propertyas may be in the opinion of the Magistratenecessary to remedy or prevent such damage, interruption or interference during such period.

(3) A person dealing with any property in the manner referredto in sub-section (1) with thebona fide intention of averting imminent dangeror personal injury to himself or any other human being shall be deemed to have compliedwith the provisions of the said sub-section if he gives such notice of the intended exerciseof the right as is in the circumstances possible,or where no such previousnotice can be given without incurring the imminent danger referred to above, if he forthwithgives notice of the actual exercise of such right to the authority or officer specifiedin the said sub-section.

19-B Power to confer upon licensee powers of telegraphauthority under this Part. The Federal Government may, by notification in the officialGazette, confer upon may licensee under Section 4, in respect of the extent of his license and subject to any conditionsand restrictions which the Federal Government may think fit to impose and to the provisionsof this Part, all or any of the powers which the telegraph authoritypossesses under this Part with regard to a telegraphestablished or maintained by the Government or to be so established or maintained:

Provided that the notice prescribed in Section 19-A shall always be given to the telegraph authorityor officer empoweredto receive notice under Section 19-A .

PART IV PENALTIES

20. Establishing, maintaining Or working unauthorised telegraph. (1) If any person, establishes, maintainsor works a telegraph within Pakistan in contravention of the provisionsof Section 4 or otherwisethan as permitted-by rules made under that section, he shall be punished, if the telegraphis a wireless telegraph, with imprisonment which may extend to three years or with fine, or with both, and, in any other case, with a fine which may extend to one thousand rupees.

(2) Notwithstanding anythingcontained in the Code of Criminal Procedure, 1898, offences under this section in respect-ofa wireless telegraphshall, for the purposes of thesaid Code be bailable and non-cognizance.

(3) When any person is convicted of an offence punishable under this section,the Court before which he is convictedmay direct that the telegraphin respect of which the offence has been committed,or any part of such telegraph, be forfeited to Government.

20-A. Breach of conditions of license. If the holder of a license granted under Section4 contravenes any condition containedin his license, he shall be punishedwith fine which may extend to one thousand rupees and with a furtherfine which may extend to five hundred rupees for every week during which the breach of the condition continues.

21. Using unauthorized telegraphs. Ifany person knowing or having reason to believe that a telegraphhas been established or is maintained or worked in contravention of this Act, transmits or receives any message by such telegraph, or performs any service incidental thereto, or deliversany message for transmission by such telegraph,or accepts deliveryof any message sent thereby,he shall be punished with fine which may extend to fifty rupees.

22. Opposing establishment of telegraphs railway land. Ifthe Railway Administration neglects or refuses to comply with the provisions of Section 6, it or he shall be punishedwith fine which may extend to one thousand rupees for every day during which the neglect or refusal continues.

23. Intrusion into signal-room, trespass in TelegraphOfficer or obstruction.

If any person-

(a) without permission of competent authorityenters a building, or a portion thereof,housing equipment belongingto the Telegraph Authority or to a person licensedunder this Act; or

(b) enters a fenced enclosure round such a telegraph office in contravention of any rule or notice not to do so, or

(c) refuses to quit such room to enclosureon being requestedto do so by any officer or servant employed therein, or

(d) wilfully obstructs or impedes any such officer or servant in the performance of his duty, he shall be punishedwith fine which may extend to five hundred rupees.

24. Unlawfully attempting to learn contents of messages.If any person does any of the acts mentionedin Section 23 with the intention of unlawfully learning the contentsof any message, or of committing any offence punishableunder this Act, he may (in addition to the fine with which he is punishable under Section 23) be punishedwith imprisonment for a term which may extend to one year.

25. Intentionally damagingor tampering with telegraph. Ifany person, intending-

(a) to prevent or obstruct the transmission or delivery of any message, or

(b) to intercept or to acquaint himself with the contentsof any message, or

(c) to commit mischief,

damages, removes, tampers with or touches any battery,machinery, telegraph line, post or other thing whatever, being part of or used in or about any telegraph or in the working thereof, he shall be punishedwith imprisonment for a term which may extend to three years, or with fine, or with both.

25-A. Injury to or interference with a telegraph line or post. If, in any case not provided for by Section 25, any person deals with any propertyand thereby wilfullyor negligently damages any telegraphline, post or works duly placed on such propertyin accordance with the provisionsof this Act, he shall be liable to pay the TelegraphAuthority such expenses (if any) as may be incurredin making good such damage, and shall also, if ‘the telegraphic communication is by reason of the damageso caused interrupted, he shall be punished with a fine which may extend to one thousandrupees:

Provided that the provisions of this sectionshall not apply where such damage or interruption is caused by a person dealing with any propertyin the legal exercise of a right if he has compliedwith the provisionsof Section 19-A(1).

25-B. Theft on TelegraphLine. If any person commits theft of a telegraphline,

copper wire cable or cable accessory, he shall be punished with rigorous imprisonment for a term which is not less than one year and not more than seven years and also with fine.

Explanation.— In this section,‘theft’ has the same meaning as in the PakistanPenal Code. 1860 (Act XLV of 1860)

25-C. Penalty for tampering, etc., of telegraphline. Any person, including a Telegraph Officer,who tempers with or uses a telegraphline or telegraph in order to cause wrongful loss to the Government or to any subscriber or to cause wrongful

.gain to any subscriber or any other person shall, without prejudiceto any action which the Telegraph Authorityis competent to take under this Act, be punishable with rigorous imprisonment for a tern which is not less than one year and not more than seven year, with or without fine.

25-D. Penalty for causing annoyance,etc. Any person,including a TelegraphOfficer, who uses any telephone, public or private, for causing annoyance or intimidation to any person, whether a subscriber or not, or for obnoxiouscalls shall, withoutprejudice to any other action which the Telegraph Authorityis competent to make under this Act, be punishablewith imprisonment for a term which may extend to threeyears, or with fine, or with both.

25-E. Application of Chapter XX, Act V of 1898. The provisionsof Chapter XX of the Code of Criminal Procedure,1898 (Act V of 1898) shall apply to the trial of offences punishableunder this Act.

25-F. Burden of proof in certain cases. Any person who is found to be in possession of, or having under his control, without lawful authority, telegraph line, copper wire cable or cable accessory of a kind notified by the TelegraphAuthority to be generally used by the Pakistan Telegraphand Telephone Departmentshall, unless he proves that he has such authority,be deemed to have committedthe offence punishable under Section 25-B.

26. Telegraph Officer or other official making away with or altering or unlawfully intercepting or disclosing messages, or divulgingpurport of signals.If any TelegraphOfficer, or any person, not being a Telegraph Officerbut having officialduties connected with any office which is used as a telegraphoffice, –

(a) wilfully secrets, makes away with or alters any messages which he has receivedfor transmission or delivery, or

(b) wilfully and otherwisethan in obedience to an order of the Federal Government or of a Provincial Government, or of an officer speciallyauthorized by the Federal or a Provincial Government to make the order, omits to transmit, or intercepts or detains any message or any part thereof, or otherwise than in pursuanceof his official duty or in obedienceto the direction of a competent Court, discloses the contents or any part of the contentions of any message to any person not entitled to receive the same, or

(c) divulges the purportof any telegraphic signal to any person not entitled to become acquainted with the same, he shall be punishedwith imprisonment for a turn which may extend to three years or with fine, or with both

27. Telegraph Officerfraudulently sending messageswithout payment. Ifany Telegraph Officer transmits by telegraph any message on which the charge prescribed by the Federal Government, or by a person licensed under this Act, as the case may be, has not been paid, intending thereby to defraud the Federal

Government or that person, he shall be punishedwith imprisonment for a term which may extend to three years, or with fine, or with both.

28. Misconduct. Ifany Telegraph Officer,or any person not being a TelegraphOfficer but having official duties connected with any office which is used as a telegraphoffice is guilty of any act of drunkenness, carelessness or other misconduct whereby the correct transmission or the delivery of any message is impeded or delayed, or if any Telegraph Officerloiters or delays in the transmission or delivery of any message, he shall be punished with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees,or with both.

29. Sending fabricatedor absence message. If any person transmitsor causes to be transmitted by telegraph a message which he knows or has reason to believe to be false or fabricated, or a message which is indecent or obscene, he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.

29-A. Penalty If any person, without due authority,-

(a) makes or issues any documentof a nature reasonably calculated to cause it to be believed that the documenthas been issued .by, or under the authority of, the Director-General, Pakistan Telegraph and Telephone Department], or

(b) makes on any document any mark in limitation of, or similarto, or purporting to be, any stamp or mark of any telegraph office under the Director-General, PakistanTelegraph and TelephoneDepartment, or a mark of a nature reasonably calculatedto cause it to be believed that the documentso marked has been issued,by, or under the authorityof, the Director-General, Pakistan Telegraph and Telephone Department. he shall be punished with fine which may extend to fifty rupees.

30. Retaining a message deliveredby mistake Ifany person fraudulently retains, or wilfully secretes, makes away with or detainsa message which ought to have been delivered to some other person, or, being requiredby a telegraph officer to deliver up any such message, neglects or refuses to do so, he shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.

31. Bribery. ATelegraph Officer shall be deemed a public servant within the meaningof Sections 161, 162, 163, 164 and 165 of the PakistanPenal Code, 1860 (XLV of 1860) and in the definition of ‘legal remuneration’ contained in the said section161, the word ‘Government’ shall, for the purposes pf this Act, be deemed to includea person licensedunder this Act.

32. Attempts to commit offences.Whoever, attempts to commit any offence punishable under this Act shall be punished with the punishment herein provided for the offence.

PART V SUPPLEMENTAL PROVISIONS

33. Power to employ additional police in places where mischiefto telegraphs is repeatedly committed. (1) Whenever it appears to the Provincial

Government that any act causing or likely to cause wrongfuldamage to any telegraph is repeatedly and maliciously committedin any place, and that the employment of an additional police-force in that place is thereby rendered necessary, the Provincial Government may send such additional police-force as it thinks fit to be place, and employ the same therein so long as, in the opinion of that Government, the necessity of doing so continues.

(2) The inhabitants of the place shall be chargedwith the cost of the additional police-force, and the District Magistrate shall, subject to the orders of the Provincial Government assess the proportionin which the cost shall be paid by the inhabitants according to his judgment of their respective means.

(3) All moneys payable under sub-section (2) shall be recoverable either under the warrant of a Magistrateby distress and sale of the moveableproperty of the defaulter within the local limits of his jurisdiction, or by suit in any competent Court.

(4) The Provincial Government may, by order in writing, define the limits of any place for the purposes of thissection.

34. Application of Act to AccedingStales. Omitted