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Union of India - Section

Section 19 in The Indian Telegraph Act, 1885

19. Telegraph lines and posts placed before the passing of this Act.

- Every telegraph line or post placed before the passing of this Act under, over, along, across, in or upon any property, for the purposes of a telegraph established or maintained by the [Central Government] [Substituted by A.O.1937, for "Government".], shall be deemed to have been placed in exercise of the powers conferred by, and after observance of all the requirements of, this Act.[19-A. Person exercising legal right likely to damage telegraph or interfere with telegraphic communication to give notice. [Inserted by Act 7 of 1914, Section 5.]
(1)Any person desiring to deal in the legal exercise of a right with any property in such a manner as is likely to cause damage to a telegraph line or post which has been duly placed in accordance with the provisions of this Act, or to interrupt or to interfere with telegraphic communications, shall give not less than one months notice in writing of the intended exercise of such right to the telegraph authority, or to any telegraph officer whom the telegraph authority may empower in this behalf.
(2)If any such person without having complied with the provisions of sub-section (1) deals with any property in such a manner as is likely to cause damage to any telegraph line or post, or to interrupt or interfere with telegraphic communication, a Magistrate of the first or second class may, on the application of the telegraph authority, order such person to abstain from dealing with such property in such manner for a period not exceeding one month from the date of his order and forthwith to take such action with regard to such property as may be in the opinion of the Magistrate necessary to remedy or prevent such damage, interruption or interference during such period.
(3)A person dealing with any property in the manner referred to in sub-section (1) with the bona fide intention, of averting imminent danger of personal injury to himself or any other human being shall be deemed to have complied with the provisions of the said sub-section if he gives such notice of the intended exercise of the right as is in the circumstances possible, or where no such previous notice can be given without incurring the imminent danger referred to above, if he forthwith gives notice of the actual exercise of such right to the authority or officer specified in the said sub-section.]