The Indian Wireless Telegraph (Amateur Service) Rules, 1978
The Indian Wireless Telegraph (Amateur Service) Rules, 1978
2. Definitions :
In these rules, unless the context otherwise requires,-
(a) `Act' means the Indian Telegraph Act, 1885 (13 of 1885)
(b) `Amateur service' means a service of self training, inter-communication and technical investigations
carried on by amateurs that is, by persons duly authorised under these rules interested in radio
technique solely with a personal aim and without pecuniary interest; `amateur station', and `station'
shall have the meaning respectively assigned to them in the Convention;
(c) `Amateur Radio Beacon’ means a station in the Amateur Service having transmitter (s) emitting
carrier wave along with identification signals at regular interval. Such beacons can be directional or
non-directional;
(d) `Amateur Station’, and “Amateur Satellite Service” `Station’ shall have the meaning respectively
assigned to them in the Convention;
(e) `Convention' means the International Telecommunication Convention, Malaga=Torremolinos, 1973,
for the time being in force and the Radio Regulations and the Additional Radio Regulations
annexed thereto but does not include any portion of the said Convention or Regulations regarding
which the Central Government makes any reservation;
(f) `Licence' means a licence granted under section 4 of the Act for an amateur wireless telegraph
station.
4. Categories of licence :
There shall be five categories of licences, namely :
(i) Advanced Amateur Wireless Telegraph Station Licence;
(ii) Amateur Wireless Telegraph Station Licence, Grade-I;
(iii) Amateur Wireless Telegraph Station Licence, Grade-II;
(iv) Restricted Amateur Wireless Telegraph Station Licence;
(v) Short Wave Listeners' Amateur Wireless Telegraph Station Licence.
(2) Notwithstanding anything contained in sub-clause (b) of clause (i) of sub-rule (1), the Central
Government may grant, to bonafide experimenters between the ages of 14 and 18 years, Amateur Wireless
Telegraph Station Licence, Grade I and to those between the ages of 12 and 18 years, Amateur Wireless
Telegraph Station Licence, Grade II or Restricted Amateur Wireless Telegraph Station Licence or Short
Wave Listeners' Amateur Wireless Telegraph Station Licence :
(3) Notwithstanding anything contained in sub-clause (c) of clause (i) of sub-rule (1), the Central
Government may recognize, subject to any conditions it may prescribe from time to time, such other
radiotelegraph operators' certificates or Amateur Station Operators' Certificates as are issued by a
competent authority in any other country as equivalent to qualifications referred to in aforesaid sub-rule for
the purpose of grant of licence under these rules.
8. Examinations:
(1) The examinations for the grant of a licence shall be held at a place and on a date as may be notified by
the Central Government from time to time.
(2) An application for licence in Annexure II or, as the case may be, in Annexure III to the rules shall be
submitted not later than the 15th of the month preceding that in which it is desired to take the examination.
(3) Any person admitted to the examination and found guilty of impersonation or of submitting fabricated
documents or documents which have been tampered with or of making statements which are incorrect or
false or of suppressing material information or of using or attempting to use unfair means in the examination
hall or otherwise resorting to any other irregular or improper means for obtaining admission to the
examination may, in addition to rendering himself liable to criminal prosecution, be debarred either
permanently or for a specified period from appearing in any of the examinations held for the award of licence
under these rules:
Provided that no order under this sub-rule shall be made unless the person concerned has been given a
reasonable opportunity or making a representation against the action proposed to be taken.
(4) If any person is found guilty of any malpractice referred to in sub-rule (3) after the grant of a licence to
such person, the Central Government may, in addition to prosecuting him cancell the licence so given :
Provided that the Central Government may, pending the cancellation of the licence, suspend or endorse
such licence :
Provided further that no order under this sub-rule shall be made unless the person concerned has been
given a reasonable opportunity of making a representation against the action proposed to be taken.
9. Grant of licence :
Every category of licence shall be in the form set out in Annexure IV to these rules.
10. Observance of conditions of licence, Convention and rules under the Act :
(1) Every licensed amateur wireless telegraph station shall be established, maintained and worked in
accordance with -
(a) the conditions contained in Annexure I to these rules;
(b) the provisions of the Convention;
(c) the rules made by the Central Government under section 7 of the Act for the conduct of
wireless telegraphs in so far as they are applicable.
(2) Notwithstanding sub-rule (1) the Central Government may modify, vary, cancel or revoke any of the
conditions of licence contained in the said Annexure I at any time either by specific notice in writing to the
licensee, or by means of a general notice published in the Official Gazette or in a newspaper published in
New Delhi.
(3) The licensee shall at his own expense, give effect to any variations in the conditions of licence,
(2) The licence fee shall not be refundable on ground of licenscee`s inability to establish or make use of the
licenced Amateur Wireless Telegraph Station or for adjustment towards higher category of licence.
20. Loss and Issue of Duplicate of Licence and Document showing the Renewal
of Licence :
(1) A person whose Licence or the document showing the renewal of licence has been lost, mutilated or
distroyed shall notify the same to the Central Government. An application in Annexure VII of these rules for
the duplicate shall be made to the Central Government embodying a statement of the circumstances
involved in the loss, mutilation or destruction of the licence or the document showing the renewal of licence
for which a duplicate is required. If the licence or the document showing the renewal of licence has been
lost, the applicant must state the circumstance in which it was lost and the reasonable search has been
made for it, and further that in the event it be found, either the original or the duplicate shall be returned for
cancellation. The mutilated licence or the document showing the renewal of licence for which the duplicate
is required should be forwarded alongwith the application for cancellation.
(2) The Central Government may issue duplicate copy of any licence or the document showing the renewal
of the licence and the following charges shall be levied for such issue-
(i) For duplicate of licence . . ……………… Rs. 10
(ii) For duplicate of the document showing the renewal of licence…… Rs. 5
II. Messages :
(1) (a) Radio communications may be exchanged with other stations similarly authorised. The amateur
stations are forbidden to communicate with amateur stations of countries whose administrations have
notified the International Telecommunication Union of their objection to such radio communications.
(b) Transmissions shall be made in plain language and limited to messages of a technical nature relating to
tests and to remarks of personal character (excluding business affairs or transactions) in which the licensee,
or the person with whom he is in communication, are directly concerned and for which, by reason of their
unimportance, recourse to the public telecommunication service is not justified.
(c) Special recordings for reproduction sinusoidal tone or tones within the audio frequency spectrum which
may be either constant or steadily changing in frequency may be used.
V. Non-Interference :
(1) The amateur station shall be so designed, constructed, erected, maintained and worked as not to cause
interference with any wireless telegraph service functioning, within or without India, in accordance with the
provisions of the Convention or the wireless signaling between any fixed, land or mobile stations of Indian
Land, Naval or Air Force or between such stations and any station abroad :
Provided that in the event of interference being caused by the station the licensee shall discontinue or
restrict transmissions, pending adjustment of the equipment, on request from,-
(a) the Central Government; or (b) any land station.
(2) The licensee shall deploy all necessary means to ensure that the radiated frequency is free from
harmonics, key clicks, hum and other forms of spurious emissions.
(3) The licensee shall ensure that the transmitter is not over modulated.
(4) The use of class B emissions (damped waves) is forbidden.
X. Inspection :
(1) Any officer authorised by the Central Government in that behalf in writing by them, may at all reasonable
times enter the station solely or jointly with any other person or persons for the purpose of inspecting and
may inspect, examine or test any apparatus conduct of such inspections and tests and making available the
licence, the station log or other records for examination by the inspecting officer.
(2) The licensee when called upon to do so by the Central Government shall arrange to forward the licence,
the log book, or any other record or data for examination by that Government.
XI. Powers to take possession of the Amateur Station and to order interception of
messages :
(1) On the occurrence of any public emergency, or in the interest of the public safety, the Central
Government or a State Government or any officer specially authorised in this behalf by the Central
Government or a State Government may, if satisfied that it is necessary or expedient so to do, take
temporary possession (for so long as the public emergency exists or the interest of the public safety requires
the taking of such action) of the Amateur Station.
(2) On the occurrence of any public emergency, or in the interest of the public safety, the Central
Government or a State Government may, if satisfied that it is necessary or expedient so to do in the
interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign state
or public order or for preventing incitement to the commission of an offence, for reasons to be recorded in
writing, by order, direct that any message of class of messages relating to any particular subject, shall not be
transmitted or received or shall be intercepted by the station or shall be disclosed to the Government making
the order or an officer thereof mentioned in the order.
(3) The licensee shall not be entitled to any compensation in respect of the exercise of the powers conferred
by sub condition (1) and (2) or this condition.
XII. The licensee shall indemnify the Central Government against all actions, claims and
demands which may be brought or make by any person, body corporate or company in respect
any injury arising from any act licensed or permitted by the licence.
XIII. A copy of the Indian Wireless Telegraphs (Amateur Service) Rules., 1978 shall be kept at
the Amateur Station.
ANNEXURE V
Authorised Frequency Bands, Power and Emission
(rule 13 Indian Wireless Telegraphs (Amateur Service)Amendment rules, 2003.)
IMPORTS:
Government of India, Ministry of Commerce, had placed long ago, the import of Amateur Radio
Communication Equipment by licenced Amateur Radio Operators. Under Open General Licence (O.G.L.)
Open General Licence itself a licence and all the items covered by it do not require any import licence from
the Import Licensing Authorities for their imports. These have subsequently been brought under their
imports. These have subsequently been brought under “Free Importability Clause” in the Exim Policy which
also does not require any import licence from the Import Licensing authorities, doing away with the erstwhile
term O.G.L.
Ministry of Commerce announces the Import-Export Policy, every year, applicable from 1 st April to 31st
March. The new exim policy announced on 31-03-2000 for the year 2000-2001 continues to allow these
equipments under Free Importability Clause, when imported by licensed Amateur Radio Operator.
However, the Ministry of Finance, has issued a Notification No.16 dated 01-03-2000 which is re-produced
in the Indian Customs Tariff. 2000-2001, prescribing the Basic Duty as 5% only, totally granting exemption
from CVD on Amateur Radio Equipment when imported by licensed Amateur Radio Operators, subject to
the condition No.55 of this Notification. The condition No.55 reads as:-
(a) the total C.I.F. value of the wireless apparatus, accessories and parts imported under this
notification does not exceed Seventyfive thousand rupees.
(b) the total value of the parts imported under this exemption does not exceed Rs.1000/-
(c) the importer at the time of clearance, produces a certificate from an Officer not below the rank of an
Assistant Wireless Adviser to Government of India in the Ministry of Communication to the effect
that the wireless apparatus, accessories and parts in respect of which this exemption is claimed are
within the value limits specified above, and also recommending the grant of this exemption.
EXPLANATION:
“ Licensed amateur radio operator”, means a person duly authorized under the Indian Wireless
Telegraphs (Amateur Service) Rules, 1978, made under sections 4 & 7 of the Indian Telegraph Act 1985 (13
to 1885).
To obtain this exemption, licensed amateur radio operators have to submit an application in the
prescribed form, to the Assistant Wireless Adviser, WPC, New Delhi.
This certificate granting exemption from payment of the normal duty is often called by mistake as Import
Licence or O.G.L. which is not correct.
The Notification No.16 dated 01-03-2000 also contains a detailed list (i.e. list No.24) of Wireless
Apparatus, Accessories and parts which are covered by this exemption.
(B) PARTS:
1. Transistors, diodes, integrated circuits /Chips, thermionic valves or vaccum tubes.
2. Torodial cores, quartz crystals, relays, rotatory switches, ferrite beads.
3. Variable condensers, air-dielectric type.
4. Precision capacitors (fixed type) valve (s) between 1PF to 5000PF.
5. Spare nicad cells or pack, as required or used with thermoinic valves or vaccum tubes or toroidal
cores (in case of hand held transceiver).
6. Slow motion tuning mechanism with or without dials.
It is advisable that Hams desirous of importing these equipments, accessories and parts may get the
position confirmed from the customs authorities before placing orders, to avoid any problems that may be
faced at the time of clearance, as they (customs) are the competent authorities to decide this.
Note: This notification holds good only at the time of this publishing.