Section 6: Offence and penalty

6. Offence and penalty.—(1) Whoever possesses 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. 1Subs. by F.A.O., 1975, Art.2 and Table, for “Central Government” which was previously amended by A.O.,1937, for “G.G. in C.”. 2Re­numbered by the Wireless Telegraphy (Amdt.) Ordinance, 1970 (10 of 1970), s.2 (w.e.f. 1st January, 1970). 3Subs. by the Posts and Telegraphs (Amdt.) Act, 1962 (5 of 1962),s.4, for “The telegraph authority constituted under the Telegraph Act, 1885,” (with effect from the 1st July, 1962). 4Subs. by Ord.10 of 1970, s.2 for full­stop. 5Proviso added by the Wireless Telegraphy (Amdt.) Ordinance, 1970 (10 of 1970),s.2 (w.e.f. 1st Jan,1970). 6Ins. by Act No.VII of 1990,s.3. 7Ins. by the Finance Ordinance, 1984 (28 of 1984), s.2. 9Sub­section (2) added by Ord. 10 of 1970, s.2, (with effect from 1st January, 1970). (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.

Effective date: 1933-01-01

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