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Telegraph Wires (Unlawful Possession) Act, 1950 Complete Act

Title: Telegraph Wires (Unlawful Possession) Act, 1950

State: Central

Year: 1950

Preamble1 - TELEGRAPH WIRES (UNLAWFUL POSSESSION) ACT, 1950 Section1 - Short title, extent and commencement Section2 - Definitions Section3 - Duty to declare possession of telegraph wires Section4 - Duty to have telegraph wires converted or sold Section4A - 4A. Prohibition of sale or purchase of telegraph wires Section5 - Penalty for unlawful possession of telegraph wires Section6 - Penalty for contravention of provisions of Section 3 or Section 4 Section6A - Powers of search and seizure Section6B - Confiscation of telegraph wires, conveyances, etc Section7 - Cognizance of offences Section8 - Power to make rules

Telegraph Wires (Unlawful Possession) Act, 1950 Section 5

Title: Penalty for Unlawful Possession of Telegraph Wires

State: Central

Year: 1950

.....and such fine shall not be less than two thousand rupees : Provided that where a person has made a declaration under section 3 in relation to any quantity of telegraph wires, the burden of proving, in respect of the quantity so declared that it came into his possession lawfully, shall not be on such person.] ________________________ 1. Substituted for former Section 5 by the Telegraph Wires (Unlawful Possession) (Amdt.) Act, 1962 (15 of 1962), Section 2 (30-3-1962). 2. Substituted by the Telegraph Wires (Unlawful Possession) (Amdt.) Act, 1975 (44of 1975), Section 3 (7-8-1975). 3. Substituted for the words "to be mentioned in the judgment of the Court, such imprisonment," by the Telegraph Wires (Unlawful Possession) (Amdt.) Act, 1975 (44of 1975), Section 3 (7-8-1975).

Telegraph Wires (Unlawful Possession) Act, 1950 Preamble 1

Title: Telegraph Wires (Unlawful Possession) Act, 1950

State: Central

Year: 1950

TELEGRAPH WIRES (UNLAWFUL POSSESSION) ACT, 1950 [Act, No. 74 of 1950] [28th December, 1950] PREAMBLE An Act to regulate the possession of telegraph wires and to provide for the punishment of the offence of unlawful possession thereof. BE it enacted by Parliament as follows:--

Telegraph Wires (Unlawful Possession) Act, 1950 Section 3

Title: Duty to Declare Possession of Telegraph Wires

State: Central

Year: 1950

Every person in possession of telegraph wires shall, within six months from the commencement of this Act, make a declaration in writing, in such form and to such authority as may be prescribed, stating the quantity of telegraph wires in his possession.

Telegraph Wires (Unlawful Possession) Act, 1950 Complete Act

State: Central

Year: 1950

.....such State, and different dates may be appointed for different States. SECTION 02: DEFINITIONS In this Act,- (a) "prescribed" means prescribed by rules made under this Act; 3[(b) "telegraph wire" means any copper wire the diameter of which in millimetres, is- (i) not less than 2.43 and not more than 2.53; or (ii) not less than 2.77 and not more than 2.87; or (iii) not less than 3.42 and not more than 3.52.] SECTION 03: DUTY TO DECLARE POSSESSION OF TELEGRAPH WIRES Every person in pos- session of telegraph wires shall, within-six months from the commencement of this Act, make a declaration in writing, in such form and to such authority .is may be prescribed, slating the quantity of telegraph wires in his possession. SECTION 04: DUTY TO HAVE TELEGRAPH WIRES CONVERTED OR SOLD Every person in possession of telegraph wires which exceed ten pounds in weight shall, with- in one year from the commencement of this Act, have the whole of the quantity as is in excess of ten pounds converted into ingots: Provided that it. shall be open to any such person to sell the whole or any part of the telegraph wires in his possession at such price and to such authority as may be prescribed. .....

Telegraph Wires (Unlawful Possession) Act, 1950 Section 4

Title: Duty to Have Telegraph Wires Converted or Sold

State: Central

Year: 1950

Every person in possession of telegraph wires which exceed ten pounds in weight shall, within one year from the commencement of this Act, have the whole of the quantity as is in excess often pounds converted into ingots: Provided that it shall be open to any such person to sell the whole or any part of the telegraph wires in his possession at such price and to such authority as may be prescribed.

Telegraph Wires (Unlawful Possession) Act, 1950 Section 4-A

Title: 4a. Prohibition of Sale or Purchase of Telegraph Wires

State: Central

Year: 1950

1[4A. Prohibition of sale or purchase of telegraph wires No person shall, after the commencement of the Telegraphs Wires (Unlawful Possession) Amendment Act, 1953, sell or purchase any quantity of telegraph wires except with the permission of such authority as may be prescribed.] ________________________ 1. Inserted by the Telegraph Wires (Unlawful Possession) (Amendment) Act, 1953 (53 of 1953), Section 3 (30-12-1953).

Telegraph Wires (Unlawful Possession) Act, 1950 Section 8

Title: Power to Make Rules

State: Central

Year: 1950

.....under section 3 may be made; (b) the authorities to which, and the prices at which, telegraph wires may be sold under section 4. 1[(3) 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 thirty days which may be comprised in one session2[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.] ________________________ 1. Inserted by the Telegraph Wires (Unlawful Possession) (Amendment) Act. 1962 (15 of 1962), Section 3 (30-3-1962). 2. Substituted for the words "or in two suecessive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following" the Telegraph Wires.....

Telegraph Wires (Unlawful Possession) Act, 1950 Section 7

Title: Cognizance of Offences

State: Central

Year: 1950

1[(1) No Court shall take cognizance of any offence punishable under;this Act, except on a report in writing of the facts constituting such offence made by a person who is apublic servant within the meaning of section 21 of the Indian Penal Code.] (2) No Court inferior to that of a presidency Magistrate or a Magistrate of the first class shall tryany offence punishable under this Act. ________________________ 1. Substituted by the Telegraph Wires (Unlawful Possession) (Amendment) Act, 1975 (44 of 1975), Section 5 (7-8-1975).

Telegraph Wires (Unlawful Possession) Act, 1950 Section 6A

Title: Powers of Search and Seizure

State: Central

Year: 1950

1[6A. Powers of search and seizure (1) A police officer not below the rank of a sub-inspector may seize, or search any place and seize :-- (i) any telegraph wire; (ii) any conveyance or animal used for the transport of such telegraph wire, if a reasonable suspicion exists that any provision of this Act has been, or is being, or is about to be, contravened in respect of such telegraph wire. (2) The provisions of the Code of Criminal Procedure, 1973, relating to searches and seizure shall, so far as may be, apply to searches and seizures made under this section. ________________________ 1. Inserted by the Telegraph Wires (Unlawful Possession) (Amendment.) Act, 1975 (44 of 1975), Section 4 (7-8-1975).