4. (1) Within Bangladesh, the Government shall have the exclusive privilege of establishing, maintaining and working telegraphs:Provided that the Government may grant a license, on such conditions and in consideration of such payments as it thinks fit, to any person to establish, maintain or work a telegraph within any part of Bangladesh:Provided further that the Government may, by rules made under this Act and published in the official Gazette, permit, subject to such restrictions and conditions as it thinks fit, the establishment, maintenance and working(a) of wireless telegraphs on ships within Bangladesh territorial waters and on aircraft within or above Bangladesh or Bangladesh territorial waters, and (b) of telegraphs other than wireless telegraphs within any part of Bangladesh.(2) The Government may, by notification in the official Gazette, delegate to the telegraph authority all or any of its powers under the first proviso to sub-section (1).The exercise by the telegraph authority of any power so delegated shall be subject to such restrictions and conditions as the Government may, by the notification, think fit to impose.

5. (1) On the occurrence of any public emergency, or in the interest of the public safety, the Government or any officer specially authorised in this behalf by the Government, may- (a) take temporary possession of any telegraph established, maintained or worked by any person licensed under this Act; or (b) order that any message or class of messages to or from any person or class of persons or relating to any particular subject brought for transmission by, or transmitted or received by, any telegraph, shall not be transmitted, or shall be intercepted or detained, or shall be disclosed to the Government making the order or an officer thereof mentioned in the order. (2) If any doubt arises as to the existence of a public emergency, or whether any act done under sub-section (1) was in the interest of the public safety, a certificate of the Central or, as the case may be, the Government shall be conclusive proof on the point.

6. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]

7. (1) The Government may, from time to time, by notification in the official Gazette, make rules consistent with this Act for the conduct of all or any telegraphs established, maintained or worked by the Government or by persons licensed under this Act. (2) Rules under this section may provide for all or any of the following, among other matters, that is to say:- (a) the rates at which, and the other conditions and restrictions subject to which, messages shall be transmitted; (b) the precautions to be taken for preventing the improper interception or disclosure of messages; (c) the period for which, and the conditions subject to which, telegrams and other documents belonging to, or being in the custody of, telegraph officers shall be preserved; and (d) the fees to be charged for searching for telegrams or other documents in the custody of any telegraph officer. (3) When making rules for the conduct of any telegraph established, maintained or worked by any person licensed under this Act, the Government may, by the rules, prescribe fines for any breach of the same: Provided that the fines so prescribed shall not exceed the following limits, namely:- (i) when the person licensed under this Act is punishable for the breach, one thousand Taka and in the case of a continuing breach a further fine of two hundred Taka for everyday after the first during the whole or any part of which the breach continues; (ii) when a servant of the person so licensed, or any other person, is punishable for the breach, one-fourth of the amounts specified in clause (i). [7A. If any person does not pay any sum due from him under this Act in respect of any telegraph or message, the sum so due may, on application made by the telegraph authority in this behalf, be recovered from such person, as if it were a fine imposed under this Act by any Magistrate having jurisdiction where that person may for the time being be resident; and the telegraph authority may further direct that any message, or postal article as defined in clause (i) of section 2 of the Post Office Act, 1898 not being on Bangladesh State Service, addressed to that person, shall be withheld from him until the sum so due is paid or recovered as aforesaid.]

¹[7A. If any person does not pay any sum due from him under this Act in respect of any telegraph or message, the sum so due may, on application made by the telegraph authority in this behalf, be recovered from such person, as if it were a fine imposed under this Act by any Magistrate having jurisdiction where that person may for the time being be resident; and the telegraph authority may further direct that any message, or postal article as defined in clause (i) of section 2 of the Post Office Act, 1898 not being on Bangladesh State Service, addressed to that person, shall be withheld from him until the sum so due is paid or recovered as aforesaid.]

8. The Government may, at any time, revoke any license granted under section 4, on the breach of any of the conditions therein contained, or in default of payment of any consideration payable thereunder.

9. The Government shall not be responsible for any loss or damage which may occur in consequence of any telegraph officer failing in his duty with respect to the receipt, transmission or delivery of any message; and no such officer shall be responsible for any such loss or damage unless he causes the same negligently, maliciously or fraudulently.