Definitions
Section 3 of the Indian Telegraph Act, 1885 deals with definitions. In this Act, unless there is something repugnant in the subject or context,-- [(1) "Fund" means the Universal Service Obligation Fund established undersub-section (1) of section 9A; The Act came into force on 01 Oct 1885.
In this Act, unless there is something repugnant in the subject or context,--
1[(1) "Fund" means the Universal Service Obligation Fund established undersub-section (1) of section 9A;
(1A) "Universal Service Obligation" means the 2[obligation to provide access to telegraph services] to people in the rural and remote areas at affordable and reasonable prices;]
3[4[(1AA) "telegraph" means any appliance, instrument, material or apparatus used or capable of use for transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature by wire, visual or other electro-magnetic emissions, Radio waves or Hertzian waves, galvanic, electric or magnetic means;
Explanation.--"Radio waves" or "Hertzian waves" means electro-magnetic waves of frequencies lower than 3,000 giga-cycles per second propagated in space without artificial guide:]
(2) "telegraph officer" means any person employed either permanently or temporarily in connection with a telegraph established, maintained or worked by 5[the Central Government] or by a person licensed under this Act;
(3) "message" means any communication sent by telegraph, or given to a telegraph officer to be sent by telegraph or to be delivered;
(4) "telegraph line" means a wire or wires used for the purpose of a telegraph, with any casing, coating, tube or pipe enclosing the same, and any appliances and apparatus connected therewith for the purpose of fixing or insulating the same;
(5) "post" means a post, pole, standard, stay, strut or other above-ground contrivance for carrying, suspending or supporting a telegraph line;
(6) "telegraph authority" means the Director General of 6[Posts and Telegraphs], and includes any officer empowered by him to perform all or any of the functions of the telegraph authority under this Act;
(7) "local authority" means any municipal committee, district board, body of port commissioners or other authority legally entitled to, or entrusted by 9[the Central or any State Government] with, the control or management of any municipal or local fund.
7* * * * *
Section 3, The Indian Telegraph Act, 1885 (Act 13 of 1885).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Vodafone Idea LTD vs Ajay Kumar Agrawal
Court's Decision & Legal Precedent
The existence of a statutory remedy of arbitration under Section 7B of the Indian Telegraph Act 1885 does not oust the jurisdiction of consumer forums under the Consumer Protection Act 1986. The Consumer Protection Act 1986 is a special enactment enacted by Parliament to protect consumer interests, and its remedies are in addition to and not in derogation of remedies available under other statutes. A consumer has the right to elect between the remedy of arbitration and the remedy available under the Consumer Protection Act. The definition of 'service' in Section 2(o) of the Consumer Protection Act 1986 is wide enough to encompass telecom services, and private telecom service providers are not 'telegraph authorities' within the meaning of the Telegraph Act 1885.
On this section: Section 7B provides for arbitration of disputes between telegraph authority and persons for whose benefit telegraph lines are provided. The Court examined whether this provision ousts consumer forum jurisdiction. Section 3(6) defines 'telegraph authority' as the Director General of Posts and Telegraphs and officers empowered by him. The Court held that private telecom service providers are not 'telegraph authorities' under this definition.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
12 instruments name this provision in its title or its text without being made under it.
- GSR 1179(E) dated 06.12.2018 - Corrigendum to GSR 1088(E) dated 05.11.2018Rule 2018
- Indian Telegraph Right of Way Rules, 2016Rule 2016
- The Indian Telegraph Right of Way Rules, 2016Rule 2016
- The Indian Wireless Telegraphy (Commercial Radio Operator's Certificate of Proficiency and License to operate Global Maritime Distress and Safety System) Amendment Rules, 2016Rule 2016
- The Indian Wireless Telegraphy (Commercial Radio Operators Certificate of Proficiency and License to operate Global Maritime Distress and Safety System) Amendment Rules, 2013Rule 2013
- The Indian Wireless Telegraphs (Amateur Service) Amendment Rules, 2009Rule 2010
- The Indian Wireless Telegraphy (Demonstration License) (Amendment) Rules, 2009Rule 2009
- The Indian Wireless Telegraphy (Experimental Service) Amendment Rules, 2009Rule 2009
- The use of low power equipment in the frequency band 865-867 MHz for (RFID) Radio Frequency Identification Devices (Exemption from Licensing Requirement) Amendment Rules, 2006Rule 2007
- The use of very low power equipment in the Citizen Band 26.957- 27.283 MHz ( Exemption from Licensing Requirements) Amendment Rules, 2006Rule 2007
- The Indian Wireless Telegraphs (Amateur Service) Amendment Rules, 2005Rule 2005
- The use of low power Equipment in the frequency band 2.4 GHz to 2.4835 GHz (Exemption from Licensing Requirement) Rules, 2005Rule 2005
Questions about Section 3
What have the courts held on Section 3 of the Indian Telegraph Act?
Vodafone Idea LTD vs Ajay Kumar Agrawal (16 Feb 2022) is the leading judgment on this section among those set out below: Section 7B provides for arbitration of disputes between telegraph authority and persons for whose benefit telegraph lines are provided. The Court examined whether this provision ousts consumer forum jurisdiction. Section 3(6) defines 'telegraph authority' as the Director General of Posts and Telegraphs and officers empowered by him. The Court held that private telecom service providers are not 'telegraph authorities' under this definition.
How do I find court cases under Section 3 of the Indian Telegraph Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Indian Telegraph Act 1885 3, section 3 Indian Telegraph Act 1885, section 3 of the Indian Telegraph Act. People searching for it also type indian telegraph act 16 3. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Vodafone Idea LTD vs Ajay Kumar Agrawal (16 Feb 2022).
What should I read with Section 3 of the Indian Telegraph Act, and has it changed?
Its own text turns on section 9A (Establishment of Universal Service Obligation Fund), so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it. 12 instruments name it without being made under it, most recently GSR 1179(E) dated 06.12.2018 - Corrigendum to GSR 1088(E) dated 05.11.2018 (2018), then Indian Telegraph Right of Way Rules, 2016 (2016).
When did Section 3 of the Indian Telegraph Act come into force?
Section 3 of the Indian Telegraph Act, cited as Indian Telegraph Act 1885 3, came into force on 01 Oct 1885, having been enacted on 22 Jul 1885. It is in force as at the date shown on this page.
Other sections of this Act
- 7. Power to make rules for the conduct of telegraphs901 words
- 4. Exclusive privilege in respect of telegraphs, and power to grant licenses597 words
- 19A. Person exercising legal right likely to damage telegraph or interfere with telegraphic communication to give notice325 words
- 16. Exercise of powers conferred by section 10, and disputes as to compensation, in case of property other than that of a local authority325 words
- 5. Power for Government to take possession of licensed telegraphs and to order interception of messages296 words
- 17. Removal or alteration of telegraph line or post on property other than that of a local authority255 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.