रजिस्ट्री सं ० डी-( डी) -72
REGISTERED No. D-( D) -72
भारत का राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग II- खण्ड 1
PART II- Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 54]
मई विल्ली, बुट्स्पतिवार, अगस्त 7, 1975/ श्रावण 16 , 1897
No. 54] NEW DELHI, THURSDAY, AUGUST 7 , 1975 / SRAVANA 16, 1897
इस भाग में भिन्न पृष्ठ संख्या वी आती है जिससे कि यह अलग संकलन के रूप में रखा जा सके । Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW , JUSTICE AND COMPANY AFFAIRS (Legislative Department)
New Delhi , the 7th August , 1975/ Sravana 16, 1897 ( Saka )
The following Act of Parliament received the assent of the President on the 7th August , 1975 , and is hereby published for General informa- tion: -
THE TELEGRAPH WIRES ( UNLAWFUL POSSESSION) AMENDMENT ACT , 1975
No. 44 of 1975
[7th August , 1975 ]
AnAct further to amend the Telegraph Wires (Unlawful Possession) Act, 1950 .
BE it enacted by Parliament in the Twenty - sixth Year of the Republic of India as follows :
1. This Act may be called the Telegraph Wires ( Unlawful Possession ) s Amendment Act , 1975 .
tlue
2. In section 2 of the Telegraph Wires ( Unlawful Possession) Act, Amend- 74 of 1950, 1950 ( hereinafter referred to as the principal Act ) , for clause (b ) , the ment of following clause shall be substituted , namely: - section 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 . ' .
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3. In section 5 of the principal Act ,-
(i) for clause (a) , the following clause shall be substituted , namely:-
Amend- ment of section 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; " ;
(ii) in clause ( b) , for the words " to be mentioned in the judg- ment of the court , such imprisonment " , the words " to be recorded in the judgment of the Court, the term of such imprisonment" shall be substituted .
4. After section 6 of the principal Act, the following sections shall be inserted , namely : -
Insertion of new sections 6A and 6B.
"6A. ( 1 ) A police officer not below the rank of a sub - inspector may seize , or search any place and seize ,-
Powers of search and seizure .
(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 , 2 of 1974, relating to searches and seizures shall, so far as may be , apply to searches and seizures made under this section .
Confisca- tion of telegraph wires, convey- ances, etc.
6B. Where any person has been convicted for the contravention of any of the provisions of this Act , the telegraph wires in relation to which the contravention has béén made , and any conveyance or animal used for the transport of such telegraph wires, shall be liable to confiscation by the Court unless the owner of the conveyance or animal proves that it was so used without the knowledge or conniv- ance of the owner himself , his agent , if any , and the person in charge of the conveyance or animal and that each of them had taken all rea- sonable precautions against such use:
Provided that where any such conveyance or animal is used for the transport of goods or passengers for hire , the owner of the con- veyance or animal shall be given an option to pay in lieu of the confiscation of the conveyance or animal , a fine , not exceeding the market price of the conveyance or animal on the date of seizure thereof or the value of the telegraph wires in relation to which the contravention has been made, whichever is less:
Provided further that any telegraph wires , so seized and confis- cated shall be handed over by the Court to such authority as may be specifled by the Central Government." .
Зес. 1 ]
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5. In section 7 of the principal Act , for sub-section ( 1 ) , the following Amend- sub- section shall be substituted , namely :-
ment of section 7.
45 of 1860.
"(1) No Court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts consti- tuting such offence made by a person who is a public servant within the meaning of section 21 of the Indian Penal Code ." .
Amend- ment of 6. In sub - section ( 3) of section 8 of the principal Act , for the words "or in two successive sessions , and if, before the expiry of the session in which it is so laid or the session immediately following" , the words section 8. " or in two or more successive sessions , and if , before the expiry of the session immediately following the session or the successive sessions aforesaid" shall be substituted .
K. K. SUNDARAM , Secy, to the Govt . of India .
PRINTED BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI , AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELH , 1975