Indian Post Office Act 1898 PDF

The Indian Post Office Act, 1898 (6 of 1898) INTRODUCTION In 1866 the Post Office Ac t was enacted which was subsequently amended by Act III of 1882 and Act XVI of 1896. Later on number of defects were brought to the notice of the Government. It was also found that express...

The Indian Post Office Act, 1898 (6 of 1898) INTRODUCTION In 1866 the Post Office Ac t was enacted which was subsequently amended by Act III of 1882 and Act XVI of 1896. Later on number of defects were brought to the notice of the Government. It was also found that express provisions of law, as contained in the Act, in respect of various matters were not suited to the then prevailing requirements of postal work. In order to rectify the defects the Indian Post Office Bill was introduced in the Legislature. STATEMENT OF OBJECTS AND REASONS The present Post Office Act was enacted in 1866, and has been amended since that date by the addition of three sections only. In 1882 section 60A was added by Act III of 1882 authorising any officer of the Post Office, empowered in this behalf by the Governor General in Council, to search for newspapers regarding which a notification has been published under the Sea Customs Act. In 1895, section 66 was added by Act III of that year, providing powers, in accordance with the general policy of the Postal Union for dealing with fictitious of previously us ed postage stamps of other countries found on letters or other articles received from abroad; and last year a further section was added by Act XVI of 1896 authorising the recovery of customs duty, when paid in advance by the Post Office, in the same manner as postage under the Act. During the last thirty years certain defects and omissions in the Act of 1866 have been brought to light an experience has shown that express provisions of law, as contained in the Act, in respect of various matters are not suited to the present requirements of postal work. It has also been found that further protection is needed by the Post Office and further powers to enable its officers, for instance, to deal with articles posted in contravention of the Act. Various schemes, moreover, which have been introduced of late years such as postal insurance and the value payable and money order systems have remained outside the provisions of the Act, and now require to be based on a legislative enactment. Finally, with the development of the post office, and the knowledge of the course of English postal legislation, the necessity for some new penalties has become apparent. The present Bill proposes to supply the defects and omissions which have been brought to the notice in the Act of 1866, and to confer the protection and powers which have been found necessary in the extension and increase of postal business. It includes within its scope postal insurance, the value payable post, and the Post Office money order system, and declares and limits the liability of Government in respect of these matters. The Bill is to a large extent an enabling bill reserving to Government the power of dealing by rule with numerous questions of postal practice and procedure affecting the public ….” Gazette of India, 1897, Pt. V, p.385. ACT 6 OF 1898 The Indian Post Office Bill having been passed by the Legislature received its assent on 22nd March 1898. It came into force on 1st July, 1898 as THE INDIAN POST OFFICE ACT, 1898 (6 of 1898). THE INDIAN POST OFFICE ACT, 1898 (6 OF 1898) An Act to consolidate and amend the law relating to the Post Offices in India. Whereas it is expedient to consolidate and amend the law relating to the Post Offices in India; It is hereby enacted as follows:- CHAPTER I PRELIMINARY 1. Short title, extent, application and commencement.- (1) This Act may be called the Indian Post Office Act, 1898. (2) It extends to the whole of India and it applies also to all citizens of India outside India. (3) It shall come into force on the first day of July, 1898. 2. Definitions.- In this Act, unless there is anything repugnant in the subject or context, - (a) the expression “Director General” means the Director General of Posts and Telegraphs; (b) the expression “inland”, used in relation to a postal article, means— (i) posted in [India] and addressed to any place in [India] or to any place for which a post office is established by the [Central Government] beyond the limits of [India] or (ii) posted at any post office established by the [Central Government] beyond the limits of [India] and addressed to any place for which any such post office is established or to any place in [India]:  [Provided that the expression “inland” shall not apply to any class of postal articles whic h may be specified in this behalf by the [Central Government] by notification in the [Official Gazette], when posted in or at or addressed to any places of post offices which may be described in such notification;] (c) the expression “mail ship” includes a bag, box, parcel or any other envelope or covering in which postal articles in course of transmission by post are conveyed whether It does or does not contain any such article; (d) the expression “mail ship” means a ship employed for carrying mails, pursuant to contract or continuing arrangement, by the Central Government or Her Majesty’s Government or the Government of any British possession or foreign country: (e) the expression “officer of the Post Office” includes any person employed in any business of the Post Office or on behalf of the Post Office. (f) the expression “postage” means the duty chargeable for the transmission by post of postal articles; (g) the expression “postage stamps” means any stamp provided by the [Central Government] for denoting postage or other fees or sums payable in respect of postal articles under this Act, and includes adhesive postage stamps and stamps printed, embossed, impressed or otherwise indicated on any envelope, wrapper, postcard or other article; (h) the expression “post office” includes every house, building, room, carriage or place used for the purposes of the Post Office, and every letter-box provided by the Post Office for the reception of postal articles; (i) the expression “postal article” includes a letter, postcard, newspaper, book, pattern or sample packet, parcel and every article or thing transmissible by post: (j) the expression “Post Master General” includes a Deputy Post Master General or other officer exercising the powers of a Post Master General: and (k) the expression “Post Office” means the department, [established for the purposes of carrying the provisions of this Act into effect and] presided over by the Director General. 3. Meanings of “in course of transmission by post” and “delivery”.- For the purposes of this Act, - (a) a postal article shall be deemed to be in course of transmission by the post from the time of its being delivered to a post office to the time of its being delivered to the addressee or of its being returned to the sender or otherwise disposed of under Chapter VII; (b) the delivery of a postal article of any description to a postman or other person authorized to receive postal articles of that description for the post shall be deemed to be a delivery to a post office; and (c) The delivery of a postal article at the house or office of the addressee, or to the addressee or his servant or agent or other person considered to be authorized to receive the article according to the usual manner of delivering postal artic les to the addressee, shall be deemed to be delivery to the addressee. CHAPTER II PRIVILEGE AND PROTECTION OF THE GOVERNMENT 4. Exclusive privilege of conveying letters reserved to the Government.- (1) Wherever within India posts or postal communications are established by the Central Government, the Central Government shall have the exclusive privilege of conveying by post, from one place to another, all letters except in the following cases, and shall also have the exclusive privilege of performing all the incidental services of receiving, collecting, sending, desptaching and delivering all letters, except in the following cases that is to say:- (a) letters sent by a private friend in his way, journey or travel, to be delivered by him to the person to whom they are directed, without hire, reward or other profit or advantages for receiving, carrying or delivering them; (b) letters solely concerning the affairs of the sender or receiver thereof, sent by a messenger on purpose; and (c) letters solely concerning goods or property sent either by sea or by land to be delivered with the goods or property which the letters concern, without hire, reward or other profit or advantage for receiving, carrying or delivering them: Provided that nothing in this section shall authorize any person to make a collection of letters excepted as aforesaid for the purpose of sending them otherwise than by post. (2) For the purposes of this Section and Section-5, the expression “letters” includes Postcards. 5. Certain persons expressly forbidden to convey letter. - Wherever within (India) posts or postal communications are established by the Central Government, the following persons are expressly forbidden to collect, carry, tender or deliver letters, or to receive letters for the purpose of carrying or delivering them, although they obtain no hire, reward or other profit or advantage for so doing, that is to say:- (a) common carriers of passengers or goods, and their servants or agents, except as regards letters solely concerning goods in their carts or carriages; and (b) owners and masters of vessels sailing or passing on any river or canal in [India], or between any ports or places in [India] and their servants or agents, except as regards letters solely concerning goods on board, and except as regards postal articles received for conveyance under Chapter VIII. 6. Exemption from liability for loss, misdelivery, delay or damage.- The [Government] shall not incur any liability by reason of the loss, misdelivery or delay of, or damage to, any postal article in course of transmission by post, except in so far as such liability may in express terms be undertaken by the Central Government as hereinafter provided; and no officer of the Post Office shall incur any liability by reason of any such loss, misdelivery, delay or damage, unless he has caused the same fraudulently or by his willful act or default. CHAPTER III POSTA GE 7. Power to fix rates of inland postage- (1) The Central Government may, by notification in the Official Gazette, fix the rates of postage and other sums to be charged in respect of postal articles sent by the inland post under this Act, and may make rules as to the scale of weights, terms and conditions subject to which the rates so fixed shall be charged: Provided that the highest rate of postage when prepaid, shall not exceed the rate set forth for each class of postal articles in the First Schedule (2) Unless and until such notification as aforesaid is issued, the rates set forth in the said Schedule shall be the rates chargeable under this Act. (3) The Central Government may, by notification in the Official Gazette, declare what packets may be sent by the inland post as book, pattern and sample packets within the meaning of this Act. 8. Power to make rules as to payment of postage and fees in certain cases. The Central Government may, by rule,- (a) require the prepayment of postage on inland postal articles or any class of inland postal articles and prescribe the manner in which prepayment shall be made; (b) prescribe the postage to be charged on inland postal articles when the postage is not prepaid or is insufficiently prepaid; (c) Provide for the redirection of postal articles and the transmission by post of articles so redirected, either free of charge or subject to such further charge as may be specified in the rules; and (d) prescribe the fees to be charged for the “express delivery” of postal articles, in addition to, or instead of, any other postage chargeable thereon under this Act. Explanation : “Express delivery” means delivery by a special messenger or conveyance. 9. Power to make rules as to registered newspapers.- (1) [Central Government] may make rules providing for the registration of newspapers for transmission by inland post as registered newspapers. (2) For the purpose of such registration, every publication, consisting wholly or in great part of political or other news, or of articles relating thereto or to other current topics, with or without advertisements, shall be deemed a newspaper, subject to the following conditions, namely:- (a) that it is published in numbers at intervals of not more than thirty one days; and (b) that it has a bona fide list of subscribers (3) An extra or supplement to a newspaper, bearing the same date as the newspaper and transmitted therewith, shall be deemed to be part of the newspaper: Provided that no such extra or supplement shall be so deemed unless it consists wholly or in great part of matter like that of the newspaper and has the title and date of publication of the newspaper printed at the top of each page. Explanation.- Nothing in this section or in the rules thereunder shall be construed to render it compulsory to send newspapers by the inland post. 10. Power to declare rates of foreign postage- (1) Where arrangements are in force with the United Kingdom, or with any British possession or foreign country, for the transmission by post of postal articles between (India) and the United Kingdom or such possession or country, the Central Government may, in conformity with the provisions of such arrangements, declare what postage rates and other sums shall be charged in respect of such postal articles, and may make rules as to the scale of weight, terms and conditions subject to which the rates so declared shall be charged. (2) Unless and until such declaration as aforesaid is made, the existing rates and regulations shall continue in force. 11. Liability for payment of postage. – (1) The addressee of a postal artic le on which postage or any other sum chargeable under this Act is due, shall be bound to pay the postage or sum so chargeable on his accepting delivery of the postal article, unless he forthwith returns it unopened: Provided that, if any such postal article appears to the satisfaction of the Post Master General to have been maliciously sent for the purpose of annoying the addressee, he may remit the postage. (2) If any postal article on which postage or any other sum chargeable under this Act is due, is refused or returned as aforesaid, or if the addressee is dead or cannot be found, then the sender shall be bound to pay the postage or sum due thereon under this Act. 12. Recovery of postage and other sums due in respect of postal articles.- If any person refuses to pay any postage or other sum due from him under this Act in respect of any postal article, the sum so due may, on application made by an officer of the Post Office authorized in this behalf by the written order of the Post Master General, be recovered for the use of the Post Office from the person so refusing, 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 Post Master General may further direct that any other postal article, not being on [Government] service, addressed to that person shall be withheld from him until the sum so due is paid or recovered as aforesaid. 13. Customs duty paid by the Post Office to be recoverable as postage.- When a postal article, on which any duty of customs is payable, has been received by post from any place beyond the limits of [India], and the duty has been paid by the postal authorities at any customs -port or elsewhere, the amount of the duty shall be recoverable as if it were postage due under this Act. 14. Post Office marks prima facie evidence of certain facts denoted.- In every proceeding for the recovery of any postage or other sum alleged to be due under this Act in respect of a postal article,-  (a) the production of the postal article, having thereon the official mark of the Post Office denoting that the article has been refused, or that the addressee is dead or cannot be found, shall be prima facie evidence of the fact so denoted, and (b) the person from whom the postal article purports to have come, shall, until the contrary is proved, be deemed to be the sender thereof. 15. Official mark to be evidence of amount of postage. - The official mark on a postal article denoting that any postage or other sum is due in respect thereof to the Post Office of [India] or to the Post Office of the United Kingdom or of any British possession or foreign country, shall be prima facie evidence that the sum denoted as aforesaid is so due. CHAPTER IV POSTAGE STAMPS 16. Provision of postage stamps and power to make rules as to them. – (1) The Central Government shall cause postage stamps to be provided of such kinds and denoting such values as it may think necessary for the purposes of this Act, (2) The Central Government may make rules as to the supply, sale and use of postage stamps. (3) In particular and without prejudice to the generality of the foregoing power, such rules may- (a) fix the price at which postage stamps shall be sold; (b) declare the classes of postal articles in respect of which postage stamps, shall be used for the payment of postage or other sums chargeable under this Act; (c) prescribe the conditions with regard to perforation, defacement and all other matters subject to which postage stamps may be accepted or refused in payment of postage or other sums; (d) (d) regulate the custody, supply and sale of postage stamps; (e) declare the persons by whom and the terms and conditions subject to which postage stamps may be sold; and  (f) prescribe the duties and remuneration of persons selling postage stamps. 17. Postage stamps to be deemed to be stamps for the purpose of revenue.- (1) Postage stamps provided under section 16 shall be deemed to be stamps issued by Government for the purpose of revenue within the meaning of the Indian Penal Code (45 of 1860) and, subject to the other provisions of this Act, shall be used for the prepayment of postage or other sums chargeable under this Act in respect of postal articles, except where the Central Government directs that prepayment shall be made in some other way. [(2) Where the Central Government has directed that prepayment of postage or other sums chargeable under this Act in respect of postal articles may be made by prepaying the value denoted by the impressions of stamping machines issued under its authority, the impression of any such machine shall likewise be deemed to be a stamp issued by Government for the purpose of revenue, within the meaning of the Indian Penal Code (45 of 1860).] CHAPTER V CONDITIONS OF TRANSMISSION OF POSTAL ARTICLES 18. Redelivery to sender of postal article in course of transmission by post.- (1) The [Central Government] may, by rule, provide for the redelivery to the sender, without reference to the consent of the addressee and subject to such conditions (if any), as may be deemed fit, of any postal article in course of transmission by post. (2) Save as provided by any rules that may be made under sub- section (1), the sender shall not be entitled to recall a postal article in course of transmission by post. 19. Transmission by post of anything injurious prohibited.- (1) Except as otherwise provided by rule and subject to such conditions as may be prescribed thereby, no person shall send by post any explosive, dangerous, filthy, noxious or deleterious substance, any sharp instrument not properly protected, or any living creature which is either noxious or likely to injure postal articles in course of transmission by post or any officer of the Post Office. (2) No person shall send by post any article or thing which is likely to injure postal articles in course of transmission by post or any officer of the Post Office. [19A. Transmission by post of tickets, proposals, etc., relating to unauthorized lotteries prohib ited. – No person shall send by post, --  CHAPTER VI REGISTRATION, INSURANCE AND VALUE-PAYABLE POST 28. Registration of Postal articles.- The sender of a postal article may, subject to the other provisions of this Act, have the article registered at the post office at which it is posted, and require a receipt therefore; and the [Central government] may, by notification in the [Official Gazette], direct that, in addition to any postage chargeable under this Act, such further fee as may be fixed by the notification shall be paid on account of the registration of postal articles. 29. Power to make rules as to registration.- (1)The Central Government may make rules as to the registration of postal articles. (2) In particular and without prejudice to the generality of the foregoing power, such rules may- (a) declare in what cases registration shall be required; (b) prescribe the manner in which the fees for registration shall be paid; and (c) direct that twice the fee for registration shall be levied on the delivery of a postal article required to be registered on which the fee for registration has not been prepaid. (3) Postal articles made over to the Pos t Office for the purpose of being registered, shall be delivered, when registered, at such times and in such manner as the Director General may, by order, from time to time appoint. 30. Insurance of postal articles.- The [Central Government] may, by notification in the [Official Gazette], direct- (a) that any postal article may, subject to the other provisions of this Act, be insured at the post office at which it is posted, against the risk of loss or damage in course of transmission by post, and that a receipt therefore shall be granted to the person posting it; and (b) that, in addition to any postage and fees for registration chargeable under this Act, such further fee as may be fixed by the notification shall be paid on account of the insurance of postal articles. 31. Power to require insurance of postal articles.- The [Central Government] may, by notification in the [Official Gazette], declare in what case insurance shall be required, and direct that any postal article containing anything required to be insured, which has been posted without being insured, shall be returned to the sender or shall be delivered to the addressee, subject to the payment of such special fee as may be fixed by the notification:  Provided that the levy of such special fee as afore said shall not impose any liability upon [the Central Government] in respect of the postal article. 32. Power to make rules as to insurance.- (1) The [Central Government] may make rules as to the insurance of postal articles. (2) in particular and without prejudice to the generality of the foregoing power, such rules may- (a) declare what classes of postal articles may be insured under section 30; (b) fix the limit of the amount for which postal articles may be insured; and (c) prescribe the manner in which the fees for insurance shall be paid. 3. Postal articles made over to the Post Office for the purpose of being insured, shall be delivered, when insured, at such places and times and in such manner as the Director General may, by order, from time to time, appoint. 33. Liability in respect of postal articles insured. - Subject to such conditions and restrictions as the [Central Government] may, by rule, prescribe [the Central Government] shall be liable to pay compensation, not exceeding the amount for which a postal article has been insured, to the sender thereof for the loss of the postal article or its contents, or for any damage caused to it in course of transmission by post: Provided that the compensation so payable shall in no case exceed the value of the article lost or the amount of the damage caused. 34. Transmission by post of value-payable postal articles.- The [Central Government] may, by notification in the [official Gazette], direct that, subject to the other provisions, of this Act and to the payment of fees at such rates as may be fixed by the notification, a sum of money specified in writing at the time of posting by the sender of a postal article shall be recoverable on the delivery thereof from the addressee, and that the sum, so recovered, shall be paid to the sender: Provided that [the Central Government shall not] incur any liability in respect of the sum specified for recovery, unless and until that sum has been received from the addressee. Explanation.- Postal articles sent in accordance with the provisions of this section may be described as “value-payable” postal articles. 35. Power to make rules as to value-payable postal articles.- (1) The [Central Government] may make rules as to the transmission by post of value-payable postal articles. (2) In particular and without prejudice to the generality of the foregoing power, such rules may-- (a) declare what classes of postal articles may be sent as value- payable postal articles; (b) direct that no postal article shall be so sent unless the sender declares that it is sent in execution of a bona fide order received by him; (c) limit the value to be recovered on the delivery of any value- payable postal article; (d) prescribe the form of declaration to be made by the senders of value-payable postal articles, and the time and manner of the payment of fees; [(e) provide for the retention and repayment to the addressee in cases of fraud of money recovered on the delivery of any value -payable postal article; and (e) prescribe the fees to be charged for inquiries into complaints regarding the delivery of or payment for value-payable postal article.] (3) Postal articles shall be made over to the Post Office for the purpose of being sent as “value-payable” and shall be delivered, when so sent, at such times and in such manner as the Director- General may, by order, from time to time, appoint. [(4) No suit or other legal proceeding shall be instituted against [the Central Government] or any officer of the Post Office in respect of anything done, or in good faith purporting to be done under any rule made under clause (e) of sub-section (2).] 36. Power to give effect to arrangements with other countries.- (1) Where arrangement made with the United Kingdom, or with any British possession, or foreign country are in force], for the transmission by post of registered, insured or value payable postal articles between India and the United Kingdom or such possession or country, the Central Government may make rules to give effect to such arrangements. (2) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe- (a) the form of declaration to be made by the senders of such postal articles as aforesaid; and (b) the fees to be charged in respect thereof.