Wireless Telegraphy Act, 1933
Short title, extent and common cement.'
Prohibition of possession of wireless telegraphy apparatus without licence.
Power of Federal Government to exempt persons from provisions of the Act.
Offence and penalty
Power of search.
Apparatus confiscated or having no owner to be property of Federal Government.
Power of Court to direct payment of fines to prescribed authority.
Power of Federal Government to make rules.
Saving of Telegraph Act, 1885
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: