(1)Directions for interception of any message or class of messages under sub-section (2) of Section 5 of the Indian Telegraph Act, 1885 (hereinafter referred to as the said Act) shall not be issued except by an order made by the secretary to the Government of India in the Ministry of Home Affairs in the case of Government of India and the Secretary to the State Government in-charge of the Home Department in the case of a State Government. In unavoidable circumstances, such order may be made by an officer, not below the rank of a Joint Secretary to the Government of India, who has been duly authorized by the Union Home Secretary or the State Home Secretary, as the case may be :-Provided that in emergent cases-(i)in remote areas, where obtaining of prior directions for interception messages or class of messages is not feasible; or(ii)for operational reasons, where obtaining of prior directions for interception of messages or class of messages is not feasible;the required interception of any message or class of messages shall be carried out with the prior approval of the Head or the second senior-most office of the authorized security i.e. Law Enforcement Agency at the Central Level and the officers authorized in this behalf, not below the rank of Inspector General of Police, at the state level but the concerned competent authority shall be informed of such interceptions by the approving authority within three working days and that such interceptions shall be got confirmed by the concerned competent authority within a period of seven working days, If the confirmation from the competent authority is not received within the stipulated seven days, such interception shall cease and the same message or class of messages shall not be intercepted thereafter without the prior approval of the Union Home Secretary or the State Home Secretary, as the case may be.
