The

Wireless Telegraphy Act, 1933

XVII of 1933
11TH  September, 1933
An Act to regulate the possession of wireless telegraph apparatus

Preamble  : —

Whereas it is expedient to regulate the possession of wireless telegraph apparatus in Pakistan; it is hereby enacted as follows:-

1.          Short title, extent and common cement.’ (1) This Act may be called the Wireless Telegraph Act, 1933.

(2)        It extend to the whole of Pakistan.

(3)        It shall come into force on such date as the Federal Government may, by Notification in the 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 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.’With the introduction of television in the country it has become necessary to license the possession and working of television apparatus. Although the definition of ‘telegraph’ in the Telegraph Act, 1885 and the definition of wireless communication’ in the Wireless Telegraphy Act, 1933 appear to be wide enough to cover transmission and reception of visual images by television, it is considered desirable to place the matter beyond controversy by a suitable amendment of these two Acts’. Complete wireless set includes incomplete set when parts necessary to complete it are of description specified, serials, valves, etc. [AIR 1940 Nag. 263]
An A/C. D/C, main radio set, which cannot be used without the help of electricity, is a ‘complete wireless set’ within the meaning of Rule 2 (c) even in a town where there is no electricity. The defect, as contemplated in Rule 2(c), refers to the defect in the radio set itself, may it be either in the component parts of the set or may it be in the electric wiring therein; but it does not include at all the absence of electricity in the town wherein the radio set is possessed by any licensee. It is a factor not at all connected with the internal completeness of the set; rather, it is a factor which is supplementary and additional to the completeness of the set. [AIR 1961 Pat. 268]

3.          Prohibition of possession of wireless telegraphy apparatus without licence.–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 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.          Licences.-(l) [The Director-General] [Words subs. by the Posts and Telegraphs (Amendment) Act, V of 1962] Pakistan Post Offices, or an officer authorised by him in this behalf shall be the authority competent to issue licences to possess wireless telegraphy apparatus under this Act, and may issue licences in such manner, on such conditions and subject to such payments as may be prescribed:

Provided that where, by an agreement with the -Pakistan Television Corporation Limited, the Federal Government appoints the Corporation to be his agent in the matter of issuing licences to possess television receiving apparatus, the authority competent to issue licences to possess such apparatus shall be the Chairman of that Corporation or a person authorised by him in this behalf; who may issue licences in such manner, on such conditions and subject to such payments as may be prescribed.

(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 for possessing which a licence issued under this Act is for the time being in force.

6.          Offence and penalty.-(l) Whoever possess 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.’(l) Magistrate of the First Class or a Magistrate of the Second Class specially empowered by the 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 a 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 beer 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 Federal. Government.

9.          Power of Court to direct payment of fines to prescribed authority.-[Rep. by A.0., 1937.]

10.        Power of Federal Government to make rules.’ (1) The Federal Government may, by Notification in the official Gazette, make rules 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 examination 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 licences, the form of licences and the payments to be made for the issue and renewal of licences;

(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;

(vi)       [Omitted by the Repealing and Amending Act, XXXII of 1940, S. 2 and 1st Sch.]

(3)        In making a rule under this section the 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 authorizes the doing of anything prohibited under the Telegraph Act, 1885, and except as provided in sub-section (2) of Section 5, no licence issued under this Act shall authorizes any person to do anything for the doing of which a licence or permission under the Telegraph Act, 1885, is necessary.

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