1. Short title, extent and commencement.—(1) This Act may be called the Indian Wireless Telegraphy
Act, 1933.
3
[(2) It extends to the whole of India 4
***.]
(3) It shall come into force on such dates5
as the Central Government may, by notification in the Official
Gazette, appoint.
2. Definitions.—In this Act, unless there is anything repugnant in the subject or
context,—
6
[(1) “wireless communication” means any transmission, emission or reception of signs,
signals, writing, images and sounds, or intelligence of any nature by means of electricity,
magnetism, or Radio waves or Hertizian waves, without the use of wires or other continuous
electrical conductors between the transmitting and the receiving apparatus;
Explanation.—“Radio waves” or “Hertizian waves” means electro-magnetic waves of
frequencies lower than 3,000 gigacyles per second propagated in space without artificial guide;]
(2) “wireless telegraphy 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; 7
***
8
[(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.
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 Central Government to exempt persons from provisions of the Act.—The
Central Government may by rules made under this Act exempt any person or any class of persons from the
1. The Act has been extended to the Union territory of Goa, Daman and Diu (w.e.f. 1-9-1962); vide Notification. No. S.O. 2735,
dated 1-9-1962, see Gaz. of India. Extraordinary, Part II, Sec. 3(ii), p. 1991-92 to Dadra and Nagar Haveli (w.e.f. 1-7-1965)
by Reg. 6 of 1963, s. 2 and Schedule I, to Pondicherry on 1-10-1963; vide Reg. 7 of 1963, s. 3 and Schedule I and to
Lakshadweep (w.e.f.10-1967); vide Reg, 8 of 1965, s. 3 and Schedule.
2. Subs. by Act 31 of 1949, s. 2, for “the Provinces”.
3. Subs. by s. 3, ibid., for certain words.
4. The words “except the State of Hyderabad”, which had been added by the A.O. 1950, omitted by Act 3 of 1951, s. 3 and
the Schedule.
5. 1st January, 1934; see Gazette of India, 1933, Part I, p. 1131.
6. Subs. by Act 15 of 1961, s. 4, for clause (1).
7. The word “and” omitted by Act 31 of 1949, s. 4.
8. Subs. by Act 15 of 1961, s. 4, for clause (2A) which was inserted by Act 31 of 1949, s. 4.
3
provisions of this Act either generally or subject to prescribed conditions, or in respect of specified wireless
telegraphy apparatus.
5. Licenses.—The telegraph authority constituted under the Indian Telegraph Act, 1885
(13 of 1885), 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.
6. Offence and penalty.—(1) Whoever possesses any 1
[wireless telegraphy apparatus, other than a
wireless transmitter,] 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
[(1A) Whoever possesses any wireless transmitter in contravention of the provisions of section 3 shall be
be punished with imprisonment which may extend to three years, or with fine 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.
3
[7. Power of search.—Any officer specially empowered4
by the Central Government in this behalf may
may search 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, and take possession thereof.]
8. Apparatus confiscated or having no owner to be property of Central 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 Central
Government.
9. [Power of Court to direct payment of fines to prescribed authority] Ceased to have effect by the A.O.
1937 and rep. by the Repealing and Amending Act, 1940 (32 of 1940), s. 2 and Sch. 1.
10. Power of Central Government to make rules.—(1) The Central Government may, by
notification in the Official Gazette, make rules5
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 article 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;
1. Subs. by Act 31 of 1949, s. 5, for “wireless telegraphy apparatus”.
2. Ins. by s. 6, ibid.
3. Subs. by s. 5, ibid., for section 7.
4. For such notification see Gazette of India, 1951, Pt. II, Sec. 3, p. 1910.
5. For the Indian Wireless Telegraphy (Possession) Rules, 1938, made under this section, see Gazette of India, 1933, Pt. I, p. 1131.
4
(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 b y dealers in
the manufacturers of such apparatus. 1
***
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 or 4
[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.]
11. Saving of Indian Telegraph Act, 1885.—Nothing in this Act contained shall
authorise the doing of anything prohibited under the Indian Telegraph Act, 1885
(13 of 1885), and no license issued under this Act shall authorise any person to do anything
for the doing of which a license or permission under the Indian Telegraph Act , 1885, is
necessary.