TELECOMMUNICATIONS

(1) Except under the authority of a licence of the prescribed description, issued person shall-

Provided that the requirements of the preceding provisions of this subsection as to a licence shall not apply in the case of any person by reason only of his working a complete wireless set in any case where such set is covered by a licence issued under the provisions of this Ordinance and is worked by such person with the permission, express or implied, or on the instructions, of the holder of the licence, and at the premises specified in the licence, being premises in the actual occupation of the holder of the licence at the time the set is so worked.

(2) If any wireless telegraphy apparatus or complete wireless set which is not covered by a licence issued for the purposes of subsection (1) is kept or stored in any building, land, vehicle, vessel or aircraft in Sri Lanka or in the territorial waters thereof, then, until the contrary is proved, such wireless telegraphy apparatus shall be deemed to be possessed with a view to sale in the course of his business or for effecting repairs for fee or reward, and such complete wireless set shall be deemed to be possessed, or to be worked, by the person who is the owner or who for the time being is in exclusive possession or in effective charge or control of the building, land, vehicle, vessel or aircraft, as the case may be.

(1) A licence may be issued for any one of the purposes or for any prescribed combination of the purposes for which a licence is required by section 3 or section 4.

(2) Every licence shall-

Provided that no fee shall be payable in respect of any licence issued for any of the aforesaid purposes which is declared by regulations made under this Ordinance to be a purpose for which a free licence may be issued.

(3) The telecommunication authority may refuse to issue any licence for which application is made. An appeal shall lie against such refusal to the Minister.

(1) If, on the occurrence of any public emergency or in the interest of the public safety and tranquility, it is expedient or necessary that the transmission or reception of messages by telegraph or wireless telegraph should be the exclusive right or privilege of the Government, the President, after consulting the Minister, may, by Order published in the Gazette, direct the telecommunication authority or any other specified officer to take possession of, and to use for the purposes of the State, any telegraph or wireless telegraph established or installed in any place in Sri Lanka or in any ship in the territorial waters of Sri Lanka or in any vehicle or aircraft in or over Sri Lanka or the territorial waters thereof, and may by the same or any further Order provide for the assessment and payment of compensation to the owner of such telegraph or wireless telegraph for any damage that may have been caused thereto by or in the course of its use for the purpose of the State.

(2) No action shall be instituted or maintained against the Government in respect of any loss or damage other than the damage specified in subsection (1).

(1) where prohibition is expedient or necessary, prohibit the transmission or reception of messages by telegraph or wireless telegraph either generally or at any specified place or station or in any specified ship, vehicle or aircraft or by any specified telegraph or wireless telegraph or by any specified person or class of persons; or

(2) where supervision and control are expedient or necessary-

(a) otherwise than in accordance with such Orders as may be made by the President under section 7 or section 8 or such regulations as may be made by the Minister under section 12 or such rules as may be made by the Minister under section 13 ; or

(b) in contravention of the conditions or restrictions applying to the licence issued in respect of that telegraph or wireless telegraph.

(1) The telecommunication authority may at any time revoke and determine any licence granted for the purposes of section 3 or section 4, either on the breach of any of the conditions and restrictions contained therein or in the event of any default in the payment of any consideration payable thereunder or on the failure of the licensee to comply with any rule or regulation for the time being in force under the Ordinance or on such other ground as may be specified by regulation made under the Ordinance.

An appeal shall lie against such revocation to the Minister.

(2) The licensee shall not be entitled to the payment of any compensation or damages by reason of any such revocation or determination as aforesaid.

(1) The Minister may make all such regulations as may be necessary for carrying out or giving effect to the principles and provisions of this Ordinance.

(2) In particular and without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations for all or any of the following purposes;-

(3) No regulation made under this section shall have effect until it is approved by Parliament and notification of such approval is published in the Gazette:

Provided that in any case of urgency, the Minister may, by notification in the Gazette, declare that any regulation made by him shall, notwithstanding that such regulation may not have been approved by Parliament, come into force on such date as may be specified in the notification, and such regulation shall accordingly come into force on that date. Every regulation so declared to be in force shall forthwith be laid before Parliament, and if within forty days after the date on which the regulation is so laid, a resolution be passed by Parliament that such regulation be modified or annulled, the regulation shall thenceforth be deemed for all purposes to be modified or annulled accordingly, but without prejudice to anything done thereunder.

(1) Notwithstanding anything contained in section 12, the Minister may, for the purpose of giving effect to the provisions of any international Telecommunication Convention and the regulations annexed thereto, or for the purpose of giving effect to any special arrangement between the Government of Sri Lanka and any territory outside Sri Lanka, from time to time determine and adequately notify by means of rules made by him in that behalf and published in the Gazette-

(2) Every rule made under subsection (1) shall, upon publication in the Gazette, be as valid and effectual as if it were herein enacted and shall prevail over any regulation under section 12 which purports to be applicable or would, if this subsection had not been enacted, have been applicable to the matter or purpose to which such rule relates.

(1) Save as otherwise expressly provided, nothing contained in this Ordinance or in any Order, rule or regulation made thereunder, shall apply to or be deemed to affect-

(2) The requirements of this Ordinance as to licences shall not apply-

(3) Nothing contained in any Order made under section 8 or in any regulation made under section 12 shall apply to the working or use of wireless telegraphy apparatus for the purpose of making or answering signals of distress.

(a) at all times on reasonable notice, and with all necessary vehicles and animals and other means, to enter upon any land and to put up thereon any posts which may be required for the support of any telegraph line; and

(b) to fasten or attach to any tree growing on such land or to any building or thing thereon any bracket or other support for such line; and

(c) to cut down any tree or branch which may in any way injure, or which is likely to injure, impede, or interfere with any telegraph line; and

(d) severally to do and perform all other acts, matters and things necessary for the purposes of establishing, constructing, repairing, improving, examining, altering, or removing any telegraph or wireless telegraph, or in any way connected therewith, or for performing any act, matter or thing under the provisions of this Ordinance:

Provided that-

(i) when the telecommunication authority desires to alter the position of any such pipe, drain, line, wire, or cable, it shall give reasonable notice of its intention to do so specifying the time at which it will begin to do so, to the Mayor or Chairman of the local authority and when the pipe, drain, line, wire, or cable is not under the control of the local authority, to the person having actual control of the pipe, drain, line, wire or cable ;

(ii) the Mayor or Chairman of a local authority or person receiving notice under paragraph (i) may send a person to superintend the work, and the telecommunication authority shall execute the work to the reasonable satisfaction of the person so sent.

(1) If any person resists or obstructs, or threatens or attempts to resist or obstruct, the exercise of the powers conferred on the telecommunication authority by section 15, he shall be deemed to have committed an offence under section 183 of the Penal Code.

(2) If any dispute arises concerning the sufficiency of the compensation to be paid under paragraph (iv) of the proviso to section 15, it shall, on application for that purpose by either of the disputing parties to the Primary Court within the jurisdiction of which the property is situate, be summarily determined by that court.

(3) If any dispute arises as to the persons entitled to receive compensation or as to the proportions in which the persons interested are entitled to share in it, the telecommunication authority may pay into the Primary Court within the Jurisdiction of which the property is situate such amount as he deems sufficient, or where all the disputing parties have in writing admitted the amount tendered to be sufficient, or the amount has been determined under subsection (2), the amount so admitted or tendered ; and the court, after giving notice to the parties and hearing such of them as desire to be heard, shall summarily determine the persons entitled to receive the compensation, or, as the case may be, the proportions in which the persons interested are entitled to share in it.

(4) The cost of all legal proceedings under this section shall be determined by the Primary Court. The telecommunication authority shall not be liable to pay any costs unless there is a dispute concerning the sufficiency of the compensation to be paid under paragraph (iv) of the proviso to section 15, and in such case the telecommunication authority shall be liable to pay costs should the amount of compensation determined by the Primary Court be more than the amount deemed sufficient by the telecommunication authority, unless the court shall be of opinion that the claim of the applicant was so extravagant, or that he was so negligent in putting his claim before the telecommunication authority, that some deduction from his costs should be made, or that he should pay part of the costs of the telecommunication authority

(5) The Primary Court to which any dispute is referred under the preceding provisions of this section may determine such dispute notwithstanding any limitations imposed on the jurisdiction of a Primary Court by any other law.

(6) Every determination of a Primary Court under this section shall be final;

Provided that nothing in this subsection shall affect the right of any person to recover by suit the whole or any part of any compensation paid by the telecommunication authority from the person who has received such compensation.

(1) Where, under the provisions of this Ordinance, a telegraph line or post has been placed by the telecommunication authority under, over, along, across, in, or upon any property, and any person entitled to do so desires to deal with that property in such a manner as to render it necessary or Convenient that the telegraph line or post should be removed to any other part of that property or to a higher or lower level or altered in form, he may require the telecommunication authority to remove or alter the line or post accordingly:

Provided that, if compensation has been paid to such person under paragraph (iv) of the proviso to section 15, he shall, when making the requisition, tender to the telecommunication authority an amount sufficient to defray the expenses of the removal or alteration

(2) If the telecommunication authority omits to comply with the requisition within a reasonable time, the person making it may apply to the Primary Court within the jurisdiction of which the property is situate to order the removal or alteration.

(3) A Primary Court receiving an application under subsection (2) may in its discretion reject such application or make an order, absolutely or subject to conditions, for the removal of the telegraph line or post to any other part of the property or to a higher or lower level, or for the alteration of ‘its form. Every order so made shall be final.

(1) The Minister with the approval of the President shall cause stamps to be provided of such kinds and denoting such values as he may think necessary for the purposes of this Ordinance and of the rules and regulations made thereunder.

(2) The supply, sale and use of stamps provided under subsection (1) shall be subject to such rules as may be made by the Minister in that behalf.

(3) All stamps provided under subsection (1) shall be deemed to be stamps issued by the Government for the purposes of revenue within the meaning of the Penal Code.

(1) Every person who, by himself or by his agent, does any act which causes damage to any telegraph line, cable, or post maintained by the Government, shall be liable to pay the Director such expenses as the Director may incur in repairing the said damage.

(2) If any person who is liable in any sum of money under subsection (1) does not pay that sum of money within such period as may be notified in that behalf to that person in writing by the Director, the Director may issue a certificate containing particulars of that sum of money and the name and last known place of business or residence of that person to a Magistrate having jurisdiction in the division in which such place is situate. The Magistrate shall thereupon summon that person before him to show cause why further proceedings for the recovery of the sum of money should not be taken against him, and in default of sufficient cause being shown, the sum of money shall be deemed to be a fine imposed by a sentence of the Magistrate on such person for an offence punishable with fine only or not punishable with imprisonment, and the provisions of subsection (1) of section 291 (except paragraphs (a), (d) and (i) thereof) of the Code of Criminal Procedure Act, relating to default of payment of a fine imposed for such an offence shall thereupon apply, and the Magistrate may make any direction which, by the provisions of that subsection, he could have made at the time of imposing such sentence:

Provided that nothing in this section shall authorize or require the Magistrate in any proceeding thereunder to consider, examine, or decide the correctness of the statement in the certificate regarding the sum of money due.

(1) Every person who in contravention of this Ordinance or any Order, rule or regulation made thereunder-

shall be guilty of an offence, punishable with a fine not exceeding one thousand rupees, and with a further fine not exceeding five hundred rupees for every week during which such offence continues, and, in default of payment of any such fine, with imprisonment of either description for a term not exceeding six months, and the apparatus or installation in respect of which any such offence is committed shall be liable to confiscation:

Provided, however, that where the offence consists of the breach of any condition relating to possession or of possession without a licence duly issued in that behalf, the offence shall be punishable with a fine not exceeding two hundred and fifty rupees, and, in default of payment of any such fine, with imprisonment of either description for a term not exceeding six weeks, and the apparatus or installation in respect of which any such offence is committed shall be liable to confiscation;

Provided further that where the offence consists of the breach of any regulation or condition relating to a licence by a servant of the person to whom the licence was issued, the offence shall be punishable with a fine not exceeding two hundred and fifty rupees, and, in default of payment of any such fine, with imprisonment of either description for a term not exceeding six months.

(2) Upon the confiscation of any apparatus or installation under subsection (1) it shall be deemed for all purposes to be the property of the telecommunication authority.

(3) No prosecution for an offence under this section shall be instituted except by, or except with the written consent of, the telecommunication authority.

(1) If a Magistrate is satisfied by information on oath that there is reasonable ground for believing that, in contravention of the provisions of this Ordinance, or any Order, rule or regulation made thereunder, a telegraph or a complete wireless set or wireless telegraph has been installed, or established, or is maintained or worked, or that any wireless telegraphy apparatus has been imported, sold, or offered for sale, or is held in possession with a view to sale or to effecting repairs for fee or reward, or that a complete wireless set is held in possession for any purpose whatsoever, in any place or in any vehicle or on board any ship or aircraft within his jurisdiction, such Magistrate may grant a search warrant to any police officer authorizing that officer to enter and inspect the place, vehicle, ship, or aircraft, and to seize any apparatus which appears to that officer to be used or intended to be used for telegraphy or wireless telegraphy or any wireless telegraphy apparatus which appears to him to have been imported, sold, offered for sale or held in possession for the aforesaid purposes.

(2) If a Magistrate is satisfied by information on oath that there is reasonable ground for believing that, in contravention of the provisions of this Ordinance or any rule or regulation made thereunder, any action has been taken or is likely to be taken in any place, vehicle, ship or aircraft within his jurisdiction, for the unlawful interception or the unlawful recording of a telephone conversation between any two persons or for the unlawful communication of such telephone conversation between such persons to a third person, such Magistrate may grant a search warrant to any police officer authorizing that officer to enter and inspect such place, vehicle, ship or aircraft and to seize any apparatus of any of the following descriptions ;-

(a) transmits or receives any message by such telegraph or wireless telegraph

(b) performs any service incidental thereto, or

(c) delivers any message for transmission by such telegraph or wireless telegraph, or

(d) accepts delivery of any message sent thereby,

(a) without permission of a competent authority, enters the signal room of a telegraph office of the Government or of a person licensed under this Ordinance ; or

(b) enters a fenced enclosure round such a telegraph office in contravention of any regulation or notice prohibiting such entry ; or

(c) refuses to quit such room or enclosure on being requested to do so by any officer or servant employed therein; or

(d) wilfully obstructs or impedes any such officer or servant in the performance of his duty,

(1) Every person who, with the intention of-

damages, removes, tampers with, or touches any battery, machinery, telegraph line, post or other thing whatsoever being part of or used in or about any telegraph or wireless telegraph or in the working thereof, shall be guilty of an offence punishable with a fine not exceeding five hundred rupees or with imprisonment of either description for a term not exceeding three years, or with both such fine and such imprisonment.

(2) Every person who climbs up a telegraph post or attaches anything to any telegraph line, post or other apparatus without authority, shall be guilty of an offence punishable with a fine not exceeding fifty rupees.

(1) Every holder of a licence this under Ordinance and every telecommunication officer or other person having official duties connected with any office used as a telegraph office, who-

shall be guilty of an offence punishable with a fine not exceeding five hundred rupees or with imprisonment of either description for a term not exceeding three years, or with both such fine and such imprisonment.

(2) Notwithstanding anything contained in subsection (1), every person who, without the general or specific consent of the claimants to the copyright in any message transmitted for general reception, reproduces or publishes or causes to be reproduced or published in the press or disseminates or causes to be disseminated by other similar means such copyright message, shall be guilty of an offence punishable with a fine not exceeding five hundred rupees or with imprisonment of either description for a term not exceeding three years, or with both such fine and such imprisonment.

(3) Nothing contained in this section shall preclude a licensee from permitting any person to listen to any message broadcast for general reception.

(1) Every person who persistently makes telephone calls without reasonable excuse and for the purpose of causing annoyance or inconvenience to any telecommunication officer or any other person, shall be guilty of an offence, and shall, upon conviction after summary trial by a Magistrate, be liable to a fine not exceeding one thousand rupees or to imprisonment of either description for a term not exceeding one year, or to both such fine and such imprisonment.

(2) It shall be lawful for a telecommunication officer to interrupt a call of the nature referred to in subsection (1) or to refuse to allow such a call to be made.

(3) Every person who unlawfully and wilfully listens in to a telephone conversation between two other persons shall be guilty of an offence and shall, upon conviction after summary trial by a Magistrate, be liable to a fine not exceeding one thousand rupees or to imprisonment of either description for a term not exceeding two years, or to both such fine and such imprisonment.

(1) Whoever has in his possession, custody or control any telegraph wire and is unable to establish that such telegraph wire has been acquired lawfully, shall be guilty of an offence under this Ordinance.

” Telegraph wire ” for the purposes of this section means any copper wire the gauge of which as measured in terms of pounds per mile is between four and three hundred.

(2) A certificate purporting to be under the hand of the Superintending Telecommunication Engineer certifying that any telegraph wire in question is of the description referred to in subsection (1) shall be admissible in a court of law and shall be prima facie proof of the truth of the statements made therein.

(a) attempts to commit or does any act preparatory to the commission of or

(b) aids or abets another person to commit, or

(c) conspires with another person, in the commission of,

(1) Every person who is guilty of an offence under section 42A or 42B shall be punished with imprisonment for a term not exceeding three years or with a fine not exceeding two thousand rupees or with both such imprisonment and such fine.

(2) The court may on the conviction of any person for any offence under section 42A or 42B, in addition to any other penalty that it shall impose under subsection (1), make order declaring that any vehicle used in or in connexion with the commission of the offence, shall be forfeited to the Republic.

(a) the production of a statement signed by a telecommunication officer that the message has been refused, or that the addressee is dead or cannot be found, shall be prima facie evidence of the fact so stated; and

(b) the person from whom the message purports to have come shall, until the contrary is proved, be deemed to be the sender thereof.

(a) by the Government; or

(b) by a person licensed under this Ordinance or by such of the persons or classes of persons licensed under this Ordinance as may be prescribed, other than a person licensed to receive messages by means of wireless telegraphy or to transmit and receive messages for experimental purposes;