 the indian telegraph (amend- ment) bill, 1956(as introduced in lox sabha)  the indian telegraph (amendment) bill, 1956 (as introduced in lok sabha) billfurther to amend the india, telegraph act, 1885 be it enacted by parliament in the seventh year of the republic of india as follows:-1 (1) this act may be called the indian telegraph (amendment) shon title a add commenct, 1956 cemau 13 of ibss ~ (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint z in section 7 of the indian telegraph act, 1885 (hereinafter amendmedt referred to as the principal act),-' i of section 7· (a) in sub-section (2), after clause (d), the following clauses 10 shall be inserted, namely:-"(e) the conditions and restrictions subject to which any telegraph line, appliance or apparatus for telegraphic communication shall be established, maintained, worked, repaired, transferred, shifted, withdrawn or disconnected; 15 (f> the charges in respect of-(i) the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance or apparatus; hi) the services of operators operating such line, 20 appliance or apparatus; (g) the matters in connection with the transition from a system whereunder rights and obligations relating to the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance or apparatus for telegraphic communication attach by virtue of any agreement to a system whereunder such rights and obligations attach by virtue of rules made under this section; s (h) the time at which, the manner in which, the conditions under which and the persons by whom the rates, charges and fees mentioned in this sub-section shall be paid and the furnishing of security for the payment of such rates, charges and fees; 10 (i) where any telegraph line, appliance or apparatus is, before the expiration of such period beginning with the day on which the line, appliance or apparatus was connected for use, as may be prescribed by rules made hereunder, given up by the person for whose benefit such line, appli- is ance or apparatus has been provided or where the work done by the telegraph authority for the purpose of establishing any telegraph line, appliance or apparatus is, for some act or defau~t on the part of the person for whose benefit the line, appliance or apparatus is being or has been established, 20 rendered abortive before such line, appliance or apparatus is connected for use, the payment to the central government of a sum to be assessed by the telegraph authority in accordance with such principles as may be prescribed by rules made hereunder, to make good any loss incurred in 2s respect of such provision of work; (j) any other matter for which provision is necessary for the proper and efficient conduct of all or any telegraphs under this act" and; (b) after sub-section (3), the following sub-sections shall 30 be inserted, namely:-u (4) nothing in this section or in any rules made hereunder shall be construed as- - (a) precluding the central government -from entering into an agreement with a person fbr the establish- 3' ment, maintenance and working by that government on terms and conditions specified in the agreement, of any telegraph line, appliance or apparatus for the purpose of affording means of telegraphic communication, where having regard to the number of the lines, appliance or 40 apparatus required by that person for telegraphic communication, it is necess8t:y or expedient to enter into such agreement with htm" or ' i (b) implying that the central government is under any obligation to provide any - telegraph line, appliance 45 or apparatus tor the purpose of aftording means of telegraphic communication (5) all rules made under this section shall be laid for not less than thirty days before both houses of parliament s as soon as possible after they are made and shall be subject to such modifications as parliament may make during the session in which they are so laid or the session immediately following"  3 after section 7 of the principal act, the following sections shall inscrti0cctin of  new s on 10 be inserted, namely: -after liection 7· "7a nothing in section 7 shall authorise the making of any sayi'1l of rules determining any agreement entered into by the central ::!:enta government with any person before the commencement of the indian telegraph (amendment) act, 1956, relating to the estab-i, lishment, maintenance or working of any telegraph line, appliance or apparatus for telegraphic communication; and all rights and obligations thereunder relating to such establishment, maintenance or working shall be determined in accordance with the terms and conditions of such agreement 20 "7b (1) except as otherwise expressly provided in this ar'?fu'adon act, if any dispute concerning any telegraph line, appliance or of disputes apparatus arises between the telegraph authority and the person for whose benefit the line, appliance or apparatus is to be, or has been provided, the dispute shall be detennined by 2, arbitration and shall for the purposes of such determination be referred to an arbitrator appointed either generally or specially in this behalf by the central government (2) the award of the arbitrator appointed under sub-section (1) shall be final and conclusive between the parties to the 30 dispute and shall not be questioned in any court"  statement of objects and reasonsunder section 4 of the indian telegraph act, 1885, the central government has the exclusive privilege of establishing, maintaining and working teiegraphs throughout india since the term "telegraphs" includes telephones, the use of telephones is regulated by this act and part v of the indian telegraph rules, 1951, made under section 7 of the act but the matters specified in sub-section (2) of section 7 relating t~ which rules may be made under that section pertain mostly to rates, transmission and custody of telegrams and fees for searching the same and the sub-section does not expressly refer to the terms and conditions under which telephone connections may be given, transferred, shifted, withdrawn or disconnected these terms and conditions are at present regulated by individual hiring contracts which are executed by the president and the subscribers with the growing number of telephones it is necessary to do away with individual hiring contracts and to replace them by statutory rules for this purpose it is necessary to amend section 7 of the indian telegraph act, 1885, providing specifically that rules may be made under that section for regulating such terms and conditions a specific provision in the telegraph act is, however, considered necessary for the saving of existing hiring contracts, as it would be undesirable to render these existing contracts null and void a provision as to arbitration is also considered necessary for the settlement of disputes that may arise between the telegraph authority and the telephone subscribers after the system of individual hiring contracts is replaced by the system of statutory rules the present bill is designed to achieve the objects mentioned above jagjiv an ram new delmj the 19th november, 195ct  memorandum regarding delegated legislationclause 2 of the bill proposes to amend section 7 of the indian telegraph act, 1885, by inserting injer cilia new clauses (e) to (j) in sub-section (2) of that ucli\, , 'l11e ~atters contained in these new clauses for y,rhich rules may' be made' relate to the installation, connection, use and disconnection of telephones detailed provisions in relation to these matters are necessary for the day-to-day administration of the telephone system in an eftident manner it is, however, extremely difficult to include all the detailed provisions which may be necessary in this behalf in the act itself; they can best be made by rules, which will be laid before both houses of parliament after being made the-deiegation of legislative power is of a normal type in the context of the present bill   loksabha a bill further to amend the indian telegraph act, 1885(shrijagj;fjan ram, minister of communications) 