Telegraph Wires (Unlawful Possession) Act, 1950

(1) This Act may be called the Telegraph Wires (Unlawful Possession) Act, 1950. (2) It extends to the whole of India. (3) It shall come into force in any State on such date1 as the Central Government may, by notification in the Official Gazette, appoint for such State, and different dates may be appointed for different States.

In this Act,- (a) "prescribed" means prescribed by rules made under this Act; 2[(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.]

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.

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 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.

4[5. Penalty for unlawful possession of telegraph wires.- Whoever is found or is proved to have been in possession of any quantity of telegraph wires shall unless he proves that the telegraph wires came into his possession lawfully, be punishable,- 5[(a) for the first offence, with imprisonment for a term which may extend to five years, or with fine, or with both, and, in the absence of special and adequate reasons to be recorded in the judgment of the Court, the term of such imprisonment shall not be less than one year and such fine shall not be less than one thousand rupees;] (b) for the second or a subsequent offence, with imprisonment for a term which may extend to five years and also with fine and in the absence of special and adequate reasons 1[to be recorded in the judgment of the Court, the term of such imprisonment] shall not be less than two years 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.]

Any person who fails to make a declaration as required by section 3 or 2[contravenes the provisions of section 4 or section 4A] shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both).

4[(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 a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).] (2) No Court inferior to that of a presidency Magistrate or a Magistrate of the first class shall try any offence punishable under this Act.

(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the form in which, and the authorities to which, declarations 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 session 2[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.]