Every person in possession of telegraph wires which exceed ten pounds in weight shall, within one year from the commencement of this Act, have the whole of the quantity as is in excess of ten pounds converted into ingots:
Provided that it shall be open to any such person to sell the whole or any part of the telegraph wires in his possession at such price and to such authority as may be prescribed.
3 [4A. Prohibition of sale or purchase of telegraph wires.—No person shall, after the commencement of the Telegraphs Wires (Unlawful Possession) Amendment Act, 1953 (53 of 1953), sell or purchase any quantity of telegraph wires except with the permission of such authority as may be prescribed.]
4 [5. Penalty for unlawful possession of telegraph wires.—Whoever is found or is proved to have been in possession of any quantity of telegraph wires shall unless he proves that the telegraph wires came into his possession lawfully, be punishable,— 5 [(a) for the first offence, with imprisonment for a term which may extend to five years, or with fine, or with both, and, in the absence of special and adequate reasons to be recorded in the judgment
1. Came into force in the whole of India except the State of Jammu and Kashmir on 1st April, 1951, vide S.R.O. 364, dated the 9th March, 1951, see Gazette of India Part II, s. 3, in the State of Jammu and Kashmir on 15th July, 1954, vide S.R.O., 2251, dated the 1st July, 1954, see Gazette of India, Part II, s. 3, in Dadra and Nagar Haveli on 1st September, 1965, vide S.O. 2523, dated the 7th August, 1965, see Gazette of India, Part II, s. 3(ii).
This Act has been extended to the Union territory of Goa, Daman and Diu, vide S.O. 2735, dated 1st September, 1962, see Gazette of India Part II, s. 3(ii) (w.e.f. 1-9-1962); Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the Schedule I (w.e.f. 1-7-1965) and the Union territory of Pondicherry by Act 26 of 1968, s. 3 and Schedule.
*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh.
2. Subs. by Act 44 of 1975, s. 2, for clause (b) (w.e.f. 7-8-1975).
3. Ins. by Act 53 of 1953, s. 3 (w.e.f. 30-12-1953).
4. Subs. by Act 15 of 1962, s. 2, for section 5 (w.e.f. 30-3-1962).
5. Subs. by Act 44 of 1975, s. 3, for clause (a) (w.e.f. 7-8-1975).
3 of the Court, the term of such imprisonment shall not be less than one year and such fine shall not be less than one thousand rupees;]
(b) for the second or a subsequent offence, with imprisonment for a term which may extend to five years and also with fine and in the absence of special and adequate reasons 1 [to be recorded in the judgment of the Court, the term of such imprisonment] shall not be less than two years and such fine shall not be less than two thousand rupees:
Provided that where a person has made a declaration under section 3 in relation to any quantity of telegraph wires, the burden of proving, in respect of the quantity so declared that it came into his possession lawfully, shall not be on such person.]