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The Indian Post Office Act, 1898
Act ID: 1898
The Indian Post Office Act, 1898
"An Act to consolidate and amend the law relating to the Post Office."
Table of Contents
77 Sections
Ch. IP
reliminary
S.1
Short title, extent, application and commencement .-(1) This Act may be called The Indian Post Office Act, 1898
S.2
Definitions .-In this Act, unless there is anything repugnant in the subject or context,
S.3
Meanings of "in course of transmission by post" and "delivery".-For the purposes of this Act,
S.6
[Omitted]
S.12
[Omitted]
S.13
[Omitted]
S.15
[Omitted]
S.25
[Omitted]
S.28
[Omitted]
S.40
[Omitted]
S.42
[Omitted]
S.50
[Omitted]
S.51
[Omitted]
S.52
[Omitted]
S.55
[Omitted]
S.56
[Omitted]
S.62
[Omitted]
S.63
Power to make rules
S.64
[Omitted]
S.68
[Omitted]
S.70
[Omitted]
S.71
[Omitted]
S.72
[Omitted]
S.75
[Omitted]
S.76
[Omitted]
Ch. IIP
rivilege And Protection Of The Government
S.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, despatching and delivering all letters, except in the following cases, that is to say:
S.5
Certain persons expressly forbidden to convey letters .-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:
Ch. IIIP
ostage
S.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:
S.8
Power to make rules as to payment of postage and fees in certain cases .-The Central Government may, by rule,
S.9
Power to make rules as to registered newspapers .-(1) The Central Government may make rules providing for the registration of newspapers for transmission by inland post as registered newspapers
S.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
S.11
Liability for payment of postage .-(1) The addressee of a postal article 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:
S.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,
Ch. IVP
ostage Stamps
S.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
S.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
Ch. VCo
nditions Of Transmission Of Postal Articles
S.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
S.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
S.20
Transmission by post of anything indecent, etc., prohibited .-No person shall send by post
S.21
Power to make rules as to transmission by post of postal articles .- [(1) The Central Government may make rules as to the transmission of articles by post
S.22
Power to postpone despatch or delivery of certain postal articles .-(1) Where the despatch or delivery from a post office of letters would be delayed by the despatch or delivery therefrom at the same time of book, pattern or sample packets and parcels, or any of them, such packets or parcels, or any of them, may, subject to such rules as the Central Government may make in this behalf, be detained in the Post Office so long as may be necessary
S.23
Power to deal with postal articles posted in contravention of Act .-(1) Any postal article sent by post in contravention of any of the provisions of this Act may be detained and either returned to the sender or forwarded to destination, in each case charged with such additional postage (if any) as the Central Government may by rule, direct
S.24
Power to deal with postal articles containing goods contraband or liable to duty .- [Except as otherwise provided in this Act, where a postal article suspected to contain any goods of which the import by post or the transmission by post is prohibited by or under any enactment for the time being in force,] or anything liable to duty, is received for delivery at a post office, the officer in charge of the post office shall send a notice in writing to the addressee inviting him to attend, either in person or by agent, within a specified time at the post office, and shall in the presence of the addressee or his agent, or if the addressee or his agent fails to attend as aforesaid then in his absence, open and examine the postal article:
S.26
Power to intercept postal articles for public good .-(1) On the occurrence of any public emergency, or in the interest of the public safety or tranquillity, the Central Government, or a [State Government], or any officer specially authorised in this behalf by the Central or the [State Government] [ Substituted by A.O. 1950, for " Provincial Government" .], may, by order in writing, direct that any postal articles or class or description of postal article in course of transmission by post [shall be intercepted or detained, or shall be disposed of in such manner as the authority issuing the order may direct] [ Substituted by Act 3 of 1912, Section 6, for certain words.]
S.27
Power to deal with postal articles from abroad bearing fictitious or previously used stamps .-(1) Where a postal article is received by post from any place beyond the limits of [India]
Ch. VIR
egistration, Insurance And Value-Payable Post
S.29
Power to make rules as to registration .-(1) The Central Government may make rules as to the registration of postal articles
S.30
Insurance of postal articles .-The Central Government may, by notification in the Official Gazette, direct
S.31
Power to require insurance of postal articles .-The Central Government may, by notification in the Official Gazette, declare in what cases 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:
S.32
Power to make rules as to insurance .-(1) The Central Government may make rules as to the insurance of postal articles
S.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:
S.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
S.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
S.36
Power to give effect to arrangements with other countries .-(1) Where arrangements [made] with the United Kingdom, or with any British possession, [[* * *] [Substituted by A.O. 1950, for " Indian State or foreign country" . ][or foreign country are in force] [Substituted by A.O. 1950, for " Indian State or foreign country" . ], for the transmission by post of registered, insured or value-payable postal articles between [India] [ Substituted by Act 25 of 1950, Section 11 and Schedule IV, for " the States." ] and the United Kingdom or such possession [[* * *] [Substituted by A.O. 1950, for " State or country" . ][or country] [Substituted by A.O. 1950, for " State or country" . ], the Central Government may make rules to give effect to such arrangements
Ch. VIIU
ndelivered Postal Articles
S.37
Power to make rules as to disposal of undelivered postal articles .- (1) The Central Government may make rules as to the disposal of postal articles which for any reason cannot be delivered (hereinafter referred to as "undelivered postal articles")
S.38
Disposal of undelivered postal articles at office of Post Master General .-(1) Every postal article received at the office of the Post Master General under sub-section (3) of section 37 shall be dealt with as follows:
S.39
Final disposal of undelivered postal articles .-Undelivered postal articles which cannot be disposed of under the foregoing provisions, shall be detained in the office of the Post Master General for such further period (if any), and shall be dealt with in such manner, as the Central Government may, by rule, direct:
Ch. VIIIS
hip Letters
S.41
Duty of master of ship arriving at any port in India in respect of postal articles and mail bags on board .-(1) The master of a ship arriving at any port in [India] shall, without delay, cause every postal article or mail bag on board which is directed to that port and is within the exclusive privilege conferred on the Central Government by section 4, to be delivered either at the post office at that port or to some officer of the Post Office authorised in this behalf by the Post Master General
Ch. IXMo
ney Orders
S.43
Power to maintain money order system and to make rules as to remittances thereby .-(1) The Central Government may provide for the remitting of small sums of money through the Post Office by means of money orders, and may make rules as to such money orders
S.44
Power for remitter to recall money order or alter name of payee .-(1) Subject to such conditions as the Central Government may, by rules made under section 43, prescribe in respect of the levy of additional rates of commission or fees or any other matters, a person remitting money through the Post Office by means of a money order may require that the amount of the order, if not paid to the payee, be repaid to him, or be paid to such person other than the original payee as he may direct
S.45
Power to provide for the issue of postal orders .- [(1)] The Central Government may authorise the issue, in such form as may be suitable, of money orders, to be called postal orders or by such other designation as may be deemed appropriate, for certain fixed amounts, and may make rules as to the rates of commission to be charged thereon and the manner in which, and conditions subject to which, may be issued paid and cancelled:
S.46
Power to give effect to arrangements with other countries .-(1) Where arrangements [made] with the United Kingdom, or with any British possession, [[* * *] [Substituted by A.O. 1950, for " Indian State or foreign country" . ][ or foreign country are in force] [Substituted by A.O. 1950, for " Indian State or foreign country" . ], for the issue and payment through the Post Office of money orders between [India] [ Substituted by Act 25 of 1950, Section 11 and Schedule IV, for " the States." ] and the United Kingdom or such possession, [[* * *] [Substituted by A.O. 1950, for " State or country" . ] or country, the Central Government may make rules to give effect to such arrangements
S.47
Recovery of money order paid to the wrong person .-If any person, without reasonable excuse, the burden of proving which shall lie on him, neglects or refuses to refund
S.48
Exemption from liability in respect of money orders .-No suit or other legal proceeding shall be instituted against [the Government] or any officer of the Post Office in respect of
Ch. XP
enalties And Procedure
S.49
Penalty for misconduct of person employed to carry or deliver mail bags or postal articles .-Whoever, being employed to carry or deliver any mail bag or any postal article in course of transmission by post,
S.53
Penalty for opening, detaining or delaying postal articles .-Whoever, being an officer of the Post Office, contrary to his duty, opens, or causes or suffers to be opened, any postal article in course of transmission by post, or wilfully detains or delays, or causes or suffers to be detained or delayed, any such postal article, shall be punishable with imprisonment for a term which may extend to two years, or with fine or with both:
S.54
Penalty for fraud in connection with official marks and for receipt of excess postage .-Whoever, being an officer of the Post Office,
S.57
Punishment of offences committed in a tribal area, Acceding State or other Indian State .-[ Repealed by the Finance Act, 1950 (25 of 1950), section 11 and Schedule IV.]
S.58
Penalty for contravention of section 4.-(1) Whoever
S.59
Penalty for contravention of section 5.-(1) Whoever, in contravention of the provisions of section 5, carries, receives, tenders or delivers letters, or collects letters, shall be punishable with fine which may extend to fifty rupees for every such letter
S.60
Penalty for breach of rules under section 16.-Whoever, being appointed to sell postage stamps,
S.61
Penalty for contravention of section 19, 19-A or 20.-(1) Whoever, in contravention of the provisions of section 19 [or section 19-A] or section 20, sends or tenders or makes over in order to be sent by any post postal article or anything, shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both
S.65
Penalty for master of ship failing to comply with the provisions of section 40 or 41.-Whoever, being the master of a ship,
S.66
Penalty for detention of letters on board vessel arriving in port .-(1) Whoever, being either the master of a ship arriving at any port in [India] or any one on board, knowingly has in his baggage or in his possession or custody, after the postal articles on board or any of them have been sent to the post office at the port of arrival, any postal article within the exclusive privilege conferred on the Central Government by section 4, shall be punishable with fine which may extend to fifty rupees for every such postal article as aforesaid
S.67
Penalty for detaining mails or opening mail bag .-Whoever, except under the authority of this Act [or of any other Act for the time being in force] or in obedience to the order in writing of the Central Government or the direction of a competent Court, detains the mails or any postal article in course of transmission by post, or on any pretence opens a mail bag in course of transmission by post, shall be punishable with fine which may extend to two hundred rupees:
S.69
Penalty for unlawfully diverting letters .-Whoever, not being an officer of the Post Office, wilfully and maliciously, with intent to injure any person, either opens or causes to be opened any letter which ought to have been delivered, or does any act whereby the due delivery of a letter to any person is prevented or impeded, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both:
Ch. XIS
upplemental
S.73
Zamindari and other district posts .- (1) The Central Government may make rules for the management of any zamindari or other district post
S.74
General power to make rules and provisions as to rules under Act .-(1) In addition to the powers hereinbefore conferred, the Central Government may make rules to carry out any of the purposes and objects of this Act
S.77
Saving .-[ Repealed by the Repealing and Amending Act, 1952 (48 of 1952), section 2 and Schedule I.]