Back

POST OFFICE ACT, 1898

POST OFFICE ACT, 1898

6 OF 1898

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 60-A 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 or previously used 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 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..........."-Gaz. of Ind., 1897, Pt. V, p. 385.An Act to consolidate and amend the Law relating to the Post Office in India. WHEREAS it is expedient to consolidate and amend the law relating to the Post Office in India; It is hereby enacted as follows :- [a] For Statement of Objects and Reasons, see Gazette of India, 1897, Pt. V, p. 385; for Report of the Select Committee, see ibid, 1898, Pt. V, p. 211. This Act has been declared to be in force in Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), section 3 and Schedule: in the Angul District by the Angul Laws Regulation. 1936 (5 of 1936), section 3 and Schedule. This Regulation has now been repealed by Orissa Act 19 of 1987 and Angul is now a sub-division of Dhenkanal District of that State; in Panth Piploda by the Panth Piploda Laws Regulation, 1929 (1 of 1 929) and in Sonthal Parganas by Regn. (3 of 1872), section 3. As to rules made under the Post Office Act, which are now in force or are in force from time to time, see the Indian Postal Guide, which is published by the Post Offices half-yearly; see also Gazette of India, 1926, Pt. I, p. 1234. This Act has been extended to the new Provinces and Merged States by the Merged States (Laws) Act, 1940 (59 of 1949), section 3 (1-1-1950) and to the States of Manipur, Tripura and Vindhya Pradesh by the Union Territories (Laws) Act, 1950 (30 of 1950), section 3 ( 16-4-1950).-Manipur and Tripura are States now-See Act 81 of 1971. Vindhya Pradesh is but a part of Madhya Pradesh-See Act 37 of 1956, section 9. It has also been extended to States merged in the State of Madhya Pradesh by M. P. Act 12 of 1950, section 3 (3-4- 1950). It was extended to the French Establishments, which now from the Union territory of Pondicherry, by the French Establishments (Application of Laws) Order, 1954, with effect from 1-11-1954. It now extends to the Union territory of Dadra and Nagar Haveli (See Regn. 6 of 1963, section 3 and Schedule) and to the Union territory of Laccadive, Minicoy and Amindivi Islands-See Regn. 8 of 1965, section 3 and Schedule ( 1 -10-1967). It was extended to the Union territory of Goa, Daman and Diu by S.O. 2735 dtd. 1-8-1962-See Gazette of India, 1- 9-1962, Pt. II, section 3(ii). Extra., p. 1991 with effect from 1-9-1962. It was extended to the State of Sikkim by S.O. 208(E), dtd. 16-5-1975-See Gaz. of India, 18-5-1975, Pt. II, section 3(ii), Ext., p. 1213.

CHAPTER 1 : PRELIMINARY

SECTION 1 : Short title, extent, application and commencement

( 1 ) This Act may be called The Indian Post Office Act, 1898.

3 (a) [a] Substituted by A.L.O., 1950(26-1-1950). [(2) It extends to the whole of India 3 (b) [b] The words 'except Part B States' were omitted by the Finance Act, 1950 (25 of 1950), section 11 and Schedule IV (1-4-1950). [* * *] and it applies also to all citizens of India outside India.]

(3) It shall come into force on the first day of July, 1898.

SECTION 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 3 (a) [a] Claused (1), inserted by A.L.O., 1950. was omitted by the Finance Act, 1950 (25 of l950), section 11 and Schedule IV (1-4-1950).3 (a) [a] Inserted by the Indian Post Office and Telegraph (Amendment) Act, 1914 (14 of 1914), section 3. [Posts and Telegraphs];

(b) the expression "inland", used in relation to a postal article, means-

(i) posted in 3 (a) [a] Claused (1), inserted by A.L.O., 1950. was omitted by the Finance Act, 1950 (25 of l950), section 11 and Schedule IV (1-4-1950).3 (a) [a] Inserted by the Indian Post Office and Telegraph (Amendment) Act, 1914 (14 of 1914), section 3.

[India] and addressed to any place in 3 (a) [a] Claused (1), inserted by A.L.O., 1950. was omitted by the Finance Act, 1950 (25 of l950), section 11 and Schedule IV (1-4-1950).3 (a) [a] Inserted by the Indian Post Office and Telegraph (Amendment) Act, 1914 (14 of 1914), section 3.

[India] or to any place for which a post office is established by the

[Central Government]

[* * *] beyond the limits of 3 (a) [a] Claused (1), inserted by A.L.O., 1950. was omitted by the Finance Act, 1950 (25 of l950), section 11 and Schedule IV (1-4-1950).3 (a) [a] Inserted by the Indian Post Office and Telegraph (Amendment) Act, 1914 (14 of 1914), section 3.

[India]; or

(ii) posted at any post office established by the

[Central Government]

[India] and addressed to any place for which any such post office is established or to any place in 3 (a) [a] Claused (1), inserted by A.L.O., 1950. was omitted by the Finance Act, 1950 (25 of l950), section 11 and Schedule IV (1-4-1950).3 (a) [a] Inserted by the Indian Post Office and Telegraph (Amendment) Act, 1914 (14 of 1914), section 3.

[India] :

[Provided that the expression "inland" shall not apply to any class of postal articles which 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 or post offices which may be described in such notifications;]

(c) the expression "mail bag" 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 3 (a) [a] Claused (1), inserted by A.L.O., 1950. was omitted by the Finance Act, 1950 (25 of l950), section 11 and Schedule IV (1-4-1950).3 (a) [a] Inserted by the Indian Post Office and Telegraph (Amendment) Act, 1914 (14 of 1914), section 3. [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 stamp" means any stamp provided by the 3 (a) [a] Claused (1), inserted by A.L.O., 1950. was omitted by the Finance Act, 1950 (25 of l950), section 11 and Schedule IV (1-4-1950).3 (a) [a] Inserted by the Indian Post Office and Telegraph (Amendment) Act, 1914 (14 of 1914), section 3. [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, 3 (a) [a] Claused (1), inserted by A.L.O., 1950. was omitted by the Finance Act, 1950 (25 of l950), section 11 and Schedule IV (1-4-1950).3 (a) [a] Inserted by the Indian Post Office and Telegraph (Amendment) Act, 1914 (14 of 1914), section 3. [established for the purpose of carrying the provisions of this Act into effect and] presided over by the Director General. 3 (a) [a] Claused (1), inserted by A.L.O., 1950. was omitted by the Finance Act, 1950 (25 of l950), section 11 and Schedule IV (1-4-1950).3 (a) [a] Inserted by the Indian Post Office and Telegraph (Amendment) Act, 1914 (14 of 1914), section 3. [ * * * *]

SECTION 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 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 authorised 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 articles to the addressee, shall be deemed to be delivery to the addressee.

CHAPTER 2 : PRIVILEGE AND PROTECTION OF THE GOVERNMENT

SECTION 4 : Exclusive privilege of conveying letters reserved to the Government

( 1 ) Wherever within 3 (a) [a] Substituted for the words 'the States' by the Finance Act, 1950 (25 of 1950), section 11 and Schedule IV (1-4-1950). [India] posts or postal communications are established by the 3 (b) [b] Substituted for the words 'Governor-General in Council' by A.0., 1937. [Central Government], the 3 (b) [b] Substituted for the words 'Governor-General in Council' by A.0., 1937. [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, despatching 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 advantage 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 authorise 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.

SECTION 5 : Certain persons expressly forbidden to convey letters

Wherever within 3 (a) [a] Substituted for the words 'the States' by the Finance Act, 1950 (25 of 1950), section 11 and Schedule IV ( 1 -4-1950). [India] posts or postal communications are established by the 3 (b) [b] Substituted for the words 'Governor-General in Council' by A.0., 1937. [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 matters of vessels sailing or passing on any river or canal in 3 (a) [a] Substituted for the words 'the States' by the Finance Act, 1950 (25 of 1950), section 11 and Schedule IV ( 1 -4-1950). [India], or between any ports or places in 3 (a) [a] Substituted for the words 'the States' by the Finance Act, 1950 (25 of 1950), section 11 and Schedule IV ( 1 -4-1950). [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.

SECTION 6 : Exemption from liability for loss, misdelivery, delay or damage

The 3 (a) [a] Substituted for the words 'the Crown' by A.L.O., 1950. [Government I shall not incur any liability by reason of the loss, mis-delivery or delay of, or damage to, any postal article in course of transmission by post, except insofar as such liability may in express terms be undertaken by the 3 (b) [b] Substituted for the words 'Governor-General in Council' by A.0., 1937. [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 wilful act or default.

CHAPTER 3 : POSTAGE

SECTION 7 : Power to fix rates of inland postage

( 1 ) The 3 (a) [a] Substituted for the words 'Governor-General in Council' and for the words 'Gazette of India' by A.0., 1937. [Central Government] may, by notification in the lOfficial 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 3 (b) [b] Indian Post Office Rules, 1933 and Post-Boxes Order, 1956 extended to and came into force in the State of Sikkim w.e.f. 19-7-1975.-S.O. 2287 dtd. 5-7-1975, see Gaz. of India, 19-7-1975, Pt. II. section 3(ii), p. 2598. 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 3 (a) [a] Substituted for the words 'Governor-General in Council' and for the words 'Gazette of India' by A.0., 1937. [Central Government] may, by notification in the 3 (a) [a] Substituted for the words 'Governor-General in Council' and for the words 'Gazette of India' by A.0., 1937. [Official Gazette], declare what packets may be sent by the inland post as book, pattern and sample pockets within the meaning of this Act.

SECTION 8 : Power to make rules as to payment of postage and fees in certain cases

The 3 (a) [a] Substituted for the words 'Governor-General in Council' by A.0., 1937. [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.

SECTION 9 : Power to make rules as to registered newspapers

(1) The 3 (a) [a] Substituted for the words 'Governor-General in Council' by A.0., 1937. [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.

SECTION 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.

SECTION 11 : Liability for payment of postage

+Clients Back

+Lawyers

+Law Students

+Law Schools

Central Act

POST OFFICE ACT, 1898

Lawyers Network

Users

Cities Serving

Law Schools Network

Law Students Network