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Indian Wireless Telegraphy Act, 1933 (17 of 1933) Preamble 1

Title: Indian Wireless Telegraphy Act, 1933

State: Central

Year: 1933

THE INDIAN WIRELESS TELEGRAPHY ACT, 1933 [Act, No. 17 of 1933] [11th September, 1933] PREAMBLE An Act to regulate the possession of wireless telegraphy apparatus. whereas it is expedient to regulate the possession of wireless telegraphy apparatus in 1[India]: It is hereby enacted as follows:-- _____________________ 1. Substituted by Act 31 of 1949, Section 2, for "the Provinces" (w.e.f. 22-10-1949).

Indian Wireless Telegraphy Act, 1933 (17 of 1933) Complete Act

Title: Indian Wireless Telegraphy Act, 1933 (17 of 1933)

State: Central

Year: 1933

Preamble1 - INDIAN WIRELESS TELEGRAPHY ACT, 1933 Section1 - Short title, extent and commencement Section2 - Definitions Section3 - Prohibition of possession of wireless telegraphy apparatus without license Section4 - Power of Central Government to exempt persons from provisions of the Act Section5 - Licenses Section6 - Offence and penalty Section7 - Power of search Section8 - Apparatus confiscated or having no owner to be property of Central Government Section9 - Power of Court to direct payment of fines to prescribed authority Section10 - Power of Central Government to make rules Section11 - Saving of Indian Telegraph Act, 1885

Indian Wireless Telegraphy Act, 1933 (17 of 1933) Section 3

Title: Prohibition of Possession of Wireless Telegraphy Apparatus Without License

State: Central

Year: 1933

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.

Indian Wireless Telegraphy Act, 1933 Complete Act

State: Central

Year: 1933

.....possessed by dealers in wireless telegraphy apparatus; (v) the conditions governing the sale of wireless telegraphy apparatus by dealers in and manufacturers of such apparatus15 [*].15[* * * * * * * * * *] (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 lo one hundred rupees. 16[(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 thirty days which may be comprised in one session or17[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.] SECTION 11: SAVINGS OF INDIAN TELEGRAPH ACT, 1885 Nothing in this Act contained shall.....

Indian Wireless Telegraphy Act, 1933 (17 of 1933) Section 10

Title: Power of Central Government to Make Rules

State: Central

Year: 1933

.....by dealers in wireless telegraphy apparatus; (v) the conditions governing the sale of wireless telegraphy apparatus by dealers in and manufacturers of such apparatus.2[***] 2[***] (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. 3[(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 thirty days which may be comprised in one session or4[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. For the Indian Wireless Telegraphy (Possession) Rules, 1938, made under this.....

Indian Wireless Telegraphy Act, 1933 (17 of 1933) Section 2

Title: Definitions

State: Central

Year: 1933

.....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;2[***] 3[2A] "wireless transmitter" means any apparatus, appliance, instrument or material used or capable of use for transmission or emission of wireless communication;] (3) "prescribed" means prescribed by rules made under section 10. _____________________ 1. Substituted by Act 15 of 1961, Section 4, for clause (1) (w.e.f. 2-5-1961). 2. The word "and" omitted by Act 31 of 1949, Section 4 (w.e.f. 22-10-1949). 3. Substituted by Act 15 of 1961, Section 4, for clause (2A) which was Inserted by Act 31 of 1949, Section 4 (w.e.f. 2-5-1961).

Indian Wireless Telegraphy Act, 1933 (17 of 1933) Section 6

Title: Offence and Penalty

State: Central

Year: 1933

.....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. _____________________ 1. Substitute by Act 31 of 1949, Section 5, for "wireless telegraphy apparatus" (w.e.f 22-10-1949). 2. Inserted by Act 31 of 1949, Section 5 (w.e.f. 22-10-1949).

Indian Wireless Telegraphy Act, 1933 (17 of 1933) Section 8

Title: Apparatus Confiscated or Having No Owner to Be Property of Central Government

State: Central

Year: 1933

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.

Indian Wireless Telegraphy Act, 1933 (17 of 1933) Section 1

Title: Short Title, Extent and Commencement

State: Central

Year: 1933

Section 1 - Short title, extent and commencement (1) This Act may be called the Indian Wireless Telegraphy Act, 1933. 1[(2) It extends to the whole of India]2[***]. (3) It shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint. _____________________ 1. Substituted by Act 31 of 1949, Section 3 for sub-section (2) (w.e.f. 22-10-1949). 2. The words "except the State of Hyderabad" which had been added by the A.0.1950, omitted by Act 3 of 1951, Section 3 and Schedule (w.e.f. 1-4-1951). 3. Came into force on 1-1-1934, see Gazette of India, 1933, Pt. I, p. 1131.

Indian Wireless Telegraphy Act, 1933 (17 of 1933) Section 4

Title: Power of Central Government to Exempt Persons from Provisions of the Act

State: Central

Year: 1933

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.