THE WIRELESS TELEGRAPHY ACT, 1933
[1]ACT No. XVII OF 1933
[11th September, 1933]
An Act to regulate the possession of wireless telegraphy apparatus.
WHEREAS it is
expedient to regulate the possession of wireless telegraphy apparatus in [2][Pakistan]
; It is hereby enacted as follows:__
1.Short title, extent and commencement.—(1)
This Act may be called the [3]* Wireless
Telegraphy Act, 1933.
[4][(2) It
extends to the whole of Pakistan.]
(3) It shall
come into force on such date[5] as
the [6][Federal
Government] may, by notification in the [7][official
Gazette], appoint.
2.Definitions.__ In this
Act, unless there is anything repugnant in the subject or context,-
(1) “wireless communication”
means the making, transmitting or receiving of telegraphic, telephonic or other
communications by means of electricity or magnetism without the use of wires or
other continuous electrical conductors between the transmitting and the
receiving apparatus;
(2) “wireless telegraphy
apparatus” means any apparatus, appliance, instrument or material used or
capable of use in wireless communication, and includes [8][video
recording or reproducing apparatus 6[television broadcast receiving
satellite antenna] and] 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; and
(3) “prescribed” means prescribed by rules
made under section 10.
3. Prohibition of possession of wireless
telegraphy apparatus without license. 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.
4. Power of Federal Government to exempt
persons from provisions of the Act. The [9][Federal
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.
5. Licenses.__ [10][(1)] [11][The
Director-General, Pakistan Post Office, or an officer authorized by him in this
behalf,] shall be the authority competent to issue licenses to possess wireless
telegraphy apparatus under this Act, and may issue licenses in such manner, on
such conditions and subject to such payments, as may be prescribed [:][12]
[13][Provided
that where, by an agreement with the Pakistan Television Corporation Limited,
the [14][Federal
Government] appoints the Corporation to be his agent in the matter of issuing
licenses to possess television receiving apparatus, [15][television
broadcast receiving satellite antenna] [16][
and video recording or reproducing apparatus] the authority competent to issue
licenses to possess such apparatus shall be the Chairman of that Corporation or
a person authorized by him in this behalf, who may issue licenses in such
manner, on such conditions and subject to such payments as may be prescribed.]
[17][(2)
Notwithstanding anything contained in section 4 of the Telegraph Act, 1885
(XIII of 1885), no licence under that Act shall be necessary for the possession
of a television receiving apparatus 3[or television broadcast
receiving satellite antenna] for possessing which a licence issued under this
Act is for the time being in force.]
6. Offence and penalty.__(1)
Whoever possesses any wireless telegraphy apparatus in contravention of the
provisions of section 3 shall be punished, in the case of the first offence,
with fine which may extend to one hundred rupees, and, in the case of a second
or subsequent offence, with fine which may extend to two hundred and fifty
rupees.
(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.
7. Power of search.__(1) [18]*
* * A Magistrate of the first class or a Magistrate of the second class
specially empowered by the 2[Federal Government] in this behalf, may
issue a warrant for the search, at any time between sunrise and sunset, of any
building, vessel or place in which he has reason to believe that any wireless
telegraphy apparatus, in respect of which an offence punishable under section 6
has been committed, is kept or concealed.
(2)
The officer to whom the search warrant under sub-section (1) is addressed may
enter into any building, vessel or place mentioned in the warrant and seize any
wireless telegraphy apparatus in respect of which he had reason to believe an
offence under section 6 has been committed.
8. Apparatus confiscated or having no owner
to be property of Federal Government. 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 [19][Federal
Government].
9. [Power
of Court to direct payment of fines to prescribed authority.] Rep. by A.O., 1937.
10. Power of Federal Government to make
rules.__(1) The 1[Federal Government] may, by notification
in the [20][official
Gazette], make rules[21]
for the purpose of carrying into effect the provisions of this Act.
(2)
In particular and without prejudice to the generality of the foregoing power,
such rules may provide for__
(i) determining that any article or class of articles shall be or
shall not be wireless telegraphy apparatus for the purposes of this Act;
(ii) the exemption of persons or classes of persons under section 4
from the provisions of this Act;
(iii) the manner of and the conditions governing the issue, renewal,
suspension and cancellation of licenses, the form of licenses and the payments
to be made for the issue and renewal of licenses;
(iv) the maintenance of records containing details of the
acquisition and disposal by sale or otherwise of wireless telegraphy apparatus
possessed by dealers in wireless telegraphy apparatus;
(v) the conditions governing the sale of wireless telegraphy
apparatus by dealers in and manufacturers of such apparatus ; 4*
(3)
In making a rule under this section the 1[Federal Government] may
direct that a breach of it shall be punishable with fine which may extend to
one hundred rupees.
11. Saving of Telegraph Act, 1885. Nothing
in this Act contained shall authorise the doing of anything prohibited under
the Telegraph Act, 1885, and [23][except
as provided in sub-section (2) of section 5,] no license issued under this Act
shall authorise any person to do anything for the doing of which a license or
permission under the Telegraph Act, 1885, is necessary.
________
[1] For Statement of Objects and Reasons, see Gazette of India, 1933, Pt.V, page
8.
The Act has
been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950); and
applied in the Federated Areas of Baluchistan, see Gazette of India
It has also
been extended to the ___
(i)
Baluchistan States
Union by the Baluchistan States Union
(Federal Laws) (Extension) Order, 1953 (G.G.O. 4 of 1953),as ameded;
(ii)
Khairpur State
(iii)
State of Bahawalpur
The Act has been and shall be deemed to has been
broughty into force in Gwadur with effect from the 8th September,
1958, by the Gwadur (Application of Central Laws) Ordinance, 1960 (37 of
1960),s.2.
The Act, rules, notification and orders under it, have
been applied, subject to certain modification, to the Tribal Areas or to the
parts of those areas to which they have not been already applied, see the Tribal Areas (Application of
Acts) Regulation, 1965, see Gazette
of P.,1965, Ext., pp.1016-1018.
[2] Subs. by the Central Laws (Statute Reform) Ordinance,
1960 (21 of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955), for “the
Provinces and the Capital of the Federation” which had been subs. by A.O.,
1949, for “British India ”.
[3] The word “Indian” omitted by A.O., 1949.
[4] Subs. by Ordinance 21 of 1960, s.3 and 2nd
Sch. (with effect from the 14th
October, 1955), for the original sub-section (2), as amended by A.O., 1949
and Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 8.
[5]The 1st January,1934: see Gazette of India, 1933, Pt.I, P.1131.
[6] Subs. by F.A.O., 1975, Art.2 and Table, for “Central
Government” which was previously amended by A.O.,1937, for “G.G.in C.”.
[8] Ins. by the Finance Ordinance, 1984 (28 of 1984), s.2.
[9] Subs. by F.A.O., 1975, Art.2 and Table, for “Central Government”
which was previously amended by A.O.,1937, for “G.G. in C.”.
[10] Re-numbered by the Wireless Telegraphy (Amdt.)
Ordinance, 1970 (10 of 1970), s.2 (w.e.f.
1st January, 1970).
[11] Subs. by the Posts and Telegraphs (Amdt.) Act, 1962 (5
of 1962),s.4, for “The telegraph authority constituted under the Telegraph Act,
1885,” (with effect from the 1st
July, 1962).
[12] Subs. by Ord.10 of 1970, s.2 for full-stop.
6Ins. by Act.No.VII of 1990, s.3.
[13] Proviso added by the Wireless Telegraphy (Amdt.)
Ordinance, 1970 (10 of 1970),s.2 (w.e.f.
1st Jan,1970).
[14]Subs. by F.A.O., 1975, Art.2 and Table, for “Central
Government” which was previously amended by A.O., 1937, for “G.G. in C.”.
[15] Ins. by Act No.VII of 1990,s.3.
[16] Ins. by the
Finance Ordinance, 1984 (28 of 1984), s.2.
[18] The words “A Presidency Magistrate, or” omitted by
A.O., 1949.
7 Subs. by
F.A.O., 1975, Art.2 and Table, for “Central Government” which was previously
amended by A.O., 1937, for “L.G.”.
[19] Subs. by F.A.O., 1975, Art.2 and Table, for “Central
Government” which was previously amended by A.O., 1937, for “G.G. in C.”.
[20] Subs. by A.O., 1937, for “Gazette of India
[21] For the India Wireless Telegraphy (Possession) Rules,
1933, made under this section, see Gazette
of India, 1933, Pt. I, p.1131. For the Wireless Telegraphy (Possession) Rules,
1957, see Gazette of P., 1957, Pt.I,
pp.167-169.
[22] The word “and” and clause (vi) omitted by the
Repealing and Amending Act, 1940 (32 of 1940), s.2 and 1st Sch.
[23] Ins. by the Wireless Telegraphy (Amdt.) Ordinance,
1970 (10 of 1970), s.3 (with effect from
1st January, 1970).
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