Telegraph Wires (Unlawful Possession) Act, 1950
No: 74 Dated: Dec, 28 1950
THE TELEGRAPH WIRES (UNLAWFUL POSSESSION) ACT, 1950
ACT NO. 74 OF 1950
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:—
1. Short title, extent and commencement.—(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.
2. Definitions.—In this Act,—
(a) “prescribed” means prescribed by rules made under this Act;
(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.
3. Duty to declare possession of telegraph wires.—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.
4. Duty to have telegraph wires converted or sold.—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.
4A. Prohibition of sale or purchase of telegraph wires.—No person shall, after the commencement of the Telegraphs Wires (Unlawful Possession) Amendment Act, 1953 (53 of 1953), sell or purchase any quantity of telegraph wires except with the permission of such authority as may be prescribed.
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,—
(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 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