Act 057 of 2006 : Telegraph (Amendment) Act, 2006

Preamble

Telegraph (Amendment) Act, 20061

[Act 57 of 2006, Repealed by Act 23 of 2016*][29th December, 2006]

An Act further to amend the Indian Telegraph Act, 1885

Be it enacted by Parliament in the Fifty-seventh Year of the Republic of India as follows:-

1 Received the assent of the President on 29-12-2006 and published in the Gazette of India, Extraordinary, Part II, Section 1, dated 29-12-2006, pp. 1-2, No. 65.

* Ed.: Act 57 of 2006 repealed by Act 23 of 2016, S. 2 & Sch. I. See also S. 4 of the Repealing and Amending Act, 2016:

"4. Savings.- The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to;

and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing;

nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed;

nor shall the repeal by this Act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force."

SOR Statement of Objects and Reasons

Prefatory Note-Statement of Objects and Reasons.-Section 9-A of the Indian Telegraph Act, 1885 provides for the establishment of a Fund, called the "Universal Service Obligation Fund" (USO Fund) for meeting the "Universal Service Obligation". As per clause (1-A) of Section 3 of the said Act "Universal Service Obligation" means the obligation to provide access to basic telegraph services to people in the rural and remote areas at affordable and reasonable prices. At present, support from USO Fund is being provided only for the basic telegraph services, that is, wire-line and fixed wireless terminals.

2. The National Telecom Policy, 1999 has set the target of achieving rural tele-density from the level of 0.4 in 2002 to 4.0 by the year 2010. The rural-density has increased to 1.77 by the year 2005. In order to facilitate telecom penetration in the rural areas, it is considered desirable to support new wireless technologies which can be rolled out much faster. Therefore, cellular mobile service is to be deployed for rapid expansion of telegraph services in rural and remote areas at affordable and reasonable prices. Accordingly, the financial support from USO Fund is required to be provided for cellular services in such areas.

3. The Bill seeks to achieve the above objects.

Section 1. Short title and commencement

1. Short title and commencement.-(1) This Act may be called the Indian Telegraph (Amendment) Act, 2006.

(2) It shall be deemed to have come into force on the 30th day of October, 2006.

Section 2. Amendment of Section 3

2. Amendment of Section 3.-In Section 3 of the Indian Telegraph Act, 1885 (13 of 1885) (hereinafter referred to as the principal Act), in clause (1-A), for the words "obligation to provide access to basic telegraph services", the words "obligation to provide access to telegraph services" shall be substituted.

Section 3. Repeal and saving

3. Repeal and saving.-(1) The Indian Telegraph (Amendment) Ordinance, 2006 (Ord. 3 of 2006) is hereby repealed.

(2) Notwithstanding the repeal of the Indian Telegraph (Amendment) Ordinance, 2006 (Ord. 3 of 2006), anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.

SECTIONS