Statement of Objects and Reasons.-Thefts of copper wires used in telegraph lines have been so rampant that telecommunications in several parts of the country, particularly in West Bengal, Bihar, Orissa and Mysore were considerably dislocated during the last two years. With the co-operation of the State Governments, the Posts and Telegraphs Department have been making energetic efforts to prevent such crimes as well as to punish the offenders. In bringing the offenders to book in a Court of law, however, they have been .experiencing great difficulty in establishing the identity of the stolen property, especially as large quantities of copper wires had been sold to the public by the Disposals Directorate since the termination of the war. Many offenders have escaped due only to the failure to prove in Court that the wires found in their possession were stolen from the Posts and Telegraphs Department. It is apprehended that such thefts are engineered and'organised systematically, and that the situation might deteriorate if the prosecutions continue to fail.

2. The copper wires used in telegraph lines are of distinctive gauges, viz., 150 lbs., 200 lbs., and 300 lbs. per mile and except for the stocks sold by the Disposals Directorate, wire of these gauges is not in the market. It would not, therefore, be unreasonable to presume that any person found in possession of copper wire of any of these gauges came into such possession unlawfully, except in the case of persons who purchased them from disposals stock.

3. The present Bill seeks to make unlawful possession of telegraph wires an offence punishable with imprisonment for five years or with fine or with both and placing the burden of proving lawfulness of possession on the accused.

Amendment Act 15 of 1962-Statement of Objects and Reasons.-Under section 5 of the Telegraph Wires (Unlawful Possession) Act, 1950, punishment is provided for anyone who is found or is proved to have been in possession of any quantity of certain gauges of copper wire which are in use in the Posts and Telegraphs Department. The punishment includes imprisonment extending to five years, or fine, or both.

2. There has been a steady increase in the incidence of copper wire thefts from trunk lines and it has been noticed in a number of cases that the same set of persons are responsible for the offence. It is also seen that the punishments awarded by Courts in such cases have been light. It is felt that the provision of a minimum punishment for the second and subsequent offences under the Act by the same set of persons may act as a deterrent to persons. repeating the offence. For this purpose, it is necessary to amend section 5 of the Telegraph Wires (Unlawful Possession) Act, 1950.

3. The present Bill is designed to achieve the object mentioned above.

Amendment Act 44 of 1975-Statement of Objects and Reasons.-The Telegraph Wires (Unlawful Possession) Act, 1950, was enacted mainly with the object of simplifying the procedure for prosecution and conviction of persons accused of thefts of telegraph copper wires. In the light of the working of the Act, section 5 thereof was amended in 1962 to provide for a minimum punishment for the second and subsequent offences under the Act by the same set of persons. This amendment has not, however, achieved the desired deterrent effect. It is, therefore, proposed to prescribe minimum punishment even for the first offence under the Act, so as to curb more effectively the continuing thefts of telegraph copper wires in the country which have now assumed alarming proportions.

2. At present there is no provision in the Act for the seizure of stolen telegraph wires with the result that it is difficult to obtain possession of such telegraph wires in most of the cases. It is, therefore, proposed to include a new provision for the seizure by the police of the stolen telegraph wires and the conveyance or animal used in such thefts, as well as for the confiscation of the stolen telegraph wires and of the conveyance or animal by Court.

3. Under section 7 of the Act, only officers who are specially empowered in this behalf are competent to lodge complaints undeit the Act in a Court. Such a procedure has proved cumbersome and entails constant revision of the list of such officers. It is, therefore, proposed to simplify the procedure by providing that a Court shall take cognizance of any offence under the Act only on a report in writing by a public servant.

4. Opportunity is being taken to amend the definition of the expression "telegraph wire," so as to specify therein the metric system of units and to bring it in line with the new Indian Standard Specification for telegraph copper wire.

An Act to regulate the possession of telegraph wires and to provide for the punishment of the offence of unlawful possession thereof .

Be it enacted by Parliament as follows:-

Enforced on 1.4.1951.The Act has been extended to the Union territory of -(1) Dadra and Nagar Haveli by Regulation 6 of 1963; (2) Goa, Daman and Diu by Regulation 6 of 1963; and (3) Pondicherry by Act 28 of 1968, Section 3 and Sch.The Act has been extended to Sikkim, see S.O. 208(E)/1975.