The Indian Post Office Act, 1898

6 of 1898

[22^nd March, 1898]

(As modified up to 31^st December, 1963)

An Act to consolidate and ame= nd the Law relating to the Post Office in India.

Whereas it is expedient to consolidate and amend the law relating to the Post Offic= e in India; it is hereby enacted as follows:-<= o:p>

CHAPTER I - PRELIMINARY

1.          &nb= sp;      Sho= rt title, extent application and commencement –

(i)&= nbsp;           &nbs= p;   Th= is Act may be called the Indian Post Office Act, 1898.

(ii)=             &nb= sp; It extend to the whole of India; and it applies also to all citizens of Indi= a outside India.

(iii)            It shall come into force on the first day of Jul= y, 1898.

2.  =      Definitions:-         In this Act unle= ss there is anything repugnant in the subject or context;

(a)&= nbsp;           &nbs= p; the expression “Director General” means the Driector General of [Pos= ts and Telegraphs]:

(b)&= nbsp;           &nbs= p; the expression “inland,” used in relation to a postal article, means:-

(i)&= nbsp;           &nbs= p;   posted in India<= /st1:country-region> 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)=             &nb= sp; posted at any Post Office established by [the Central Government] beyond the limits of In= dia and addressed to any place for which any such post office is established or= to any place in India:

[Pr= ovided that the expression “inland” shall not apply to any class of po= stal 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 notification:]

(c)&= nbsp;           &nbs= p; 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)&= nbsp;           &nbs= p; the expression “mail ship” means a s= hip 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)&= nbsp;           &nbs= p; the expression “officer of the Post Office” includes any person employed in any business of the Post Offi= ce or on behalf of the Post Office:

(f)&= nbsp;           &nbs= p;   the expression “Postage” means the d= uty chargeable for the transmission by post of postal articles:

(g)&= nbsp;           &nbs= p; the expression “postage stamp” means= any stamp provided by the [Central Government] for denoting postage or other fe= es 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:<= /span>

(h)&= nbsp;           &nbs= p; the expression “Post Office” includes every house, building, room, carriage or place used for the purpose of the = Post Office, and every letter-box provided by the Post Office for the reception = of postal articles:

(i)&= nbsp;           &nbs= p;   the expression “postal article” incl= udes a letter, postcard, newspaper, book pattern or sample packet, parcel and ev= ery article or thing transmissible by post:

(j)&= nbsp;           &nbs= p;   the expression “Post Master General” includes a Deputy Post Master General or other officer exercising the power= s of a Post Master General: and

(k)&= nbsp;           &nbs= p; the expression :Post Office” means the department [established for the purpose of carrying the provisions of this = Act into effect and] presided over by the Director General.

3.<= span style=3D'mso-tab-count:1'>       Meaning of “in course of transm= ission by post” and “delivery”:- For the purpose of this Act= :-

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;font-family:Tahoma; mso-fareast-font-family:Tahoma;mso-bidi-font-family:Tahoma'>(a)&= nbsp;           &nbs= p; 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:

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;font-family:Tahoma; mso-fareast-font-family:Tahoma;mso-bidi-font-family:Tahoma'>(b)&= nbsp;           &nbs= p; the delivery of a postal article of any descript= ion 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

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;font-family:Tahoma; mso-fareast-font-family:Tahoma;mso-bidi-font-family:Tahoma'>(c)&= nbsp;           &nbs= p; the delivery of a postal article at the house or office of the addressee, or to the addressee or his servant or agent or oth= er person considered to be authorized to receive the article according to the usual manner of delivering postal articles to the addressee, shall be deeme= d to be delivery to the addressee.

CHAPTER VII – PRIVILEGE AND PROTECTION OF THE GOVERNMENT

4.&n= bsp; = ; Exc= lusive privilege of conveying letters reserved to the Government:

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;font-family:Tahoma; mso-fareast-font-family:Tahoma;mso-bidi-font-family:Tahoma'>(1)&= nbsp; &nbs= p; Wherever within India Posts or postal communicat= ions are established by the [Central Government], the [Central Government], shall have the exclusive privilege = of conveying post, from one place to another, all letter, except in the follow= ing 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)&= nbsp; &nbs= p; letters sent by a private friend in his away, journey or travel, to be delivered by his to the person to whom they are directed, without hire, rewarded or other profit or advantage for receiving, carrying or delivering them;

(b)&= nbsp; &nbs= p; letters solely concerning the affairs of the sen= der or receiver thereof, sent by a messenger on purpose; and =

(c)&= nbsp; &nbs= p; letters solely concerning goods or property, sent either by sea or by land to be delivered with the goods or property which t= he letters concern, without hire, reward or other profit or advantage for receiving, carrying or delivering them:

Pro= vided that nothing in the section shall authorize any person to make a collection= of letters excepted as aforesaid for the purpose of sending them otherwise tha= n by post.

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;font-family:Tahoma; mso-fareast-font-family:Tahoma;mso-bidi-font-family:Tahoma'>(2)&= nbsp; &nbs= p; For the purposes of this section and section 5, = the expression “letters” includes postcards.

5.<= span style=3D'mso-tab-count:1'> Certain persons expressly forbidden to convey letters:- Where within India post= of postal communications are established by the [Central Government], the following persons are expressly forbidden to collect, carry, tender or deli= ver letters, or receive letters for the purpose of carrying or delivering them,= although they obtain no hire, reward or other profit or advantage for do doing, that= is to say:-

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;font-family:Tahoma; mso-fareast-font-family:Tahoma;mso-bidi-font-family:Tahoma'>(a)&= nbsp; &nbs= p; common carriers of passengers or goods, and their servants or agents, except as regards letter solely concerning goods in the= ir carts or carriages; and

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;font-family:Tahoma; mso-fareast-font-family:Tahoma;mso-bidi-font-family:Tahoma'>(b)&= nbsp; &nbs= p; owners and masters of vessels sailing or passing= on any river or canal in India or between any ports or places in India and the= ir servants or agents, except as regards letters solely concerning goods on bo= ard; 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 reasons of the loss, misdelive= ry 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, d= elay or damage, unless he has caused the same fraudulently or by his wilful act or default. <= o:p>

CHAPTER III – POSTAGE

7.&n= bsp;            = ;    Power to fix rates of inland postage<= /span>

8.&n= bsp;            = ;    Power to make rules as to payment of postage and fees in certain cases

9.          &nb= sp;      Pow= er to make rules as to registered newspapers:

= (1)&= nbsp;           &nbs= p; The [Central Government] may make rules providing for the registration of newspapers for transmission by inland post as registered newspapers.

= (2)&= nbsp;           &nbs= p; 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:-

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;font-family:Tahoma; mso-fareast-font-family:Tahoma;mso-bidi-font-family:Tahoma'>(a)&= nbsp;           &nbs= p; that it is published in numbers at intervals of = not more than thirty-one days; and

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;font-family:Tahoma; mso-fareast-font-family:Tahoma;mso-bidi-font-family:Tahoma'>(b)&= nbsp;           &nbs= p; that it has bona – fide list of subscriber= s.

= (3)&= nbsp;           &nbs= p; An extra or supplement to a newspaper, bearing t= he same date as the newspaper and transmitted therewith, shall be deemed to be parts of the newspaper:

Pro= vided that no such extra or supplement shall be so deemed unless it consists whol= ly 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.<= /o:p>

10.&= nbsp;            Power to declare rates of foreign postage:<= /o:p>

11.&= nbsp;            Liability for payment of postage:

12.&= nbsp;            Recovery of postage and other sums due in respec= t of postal articles:

13.&= nbsp;            Customs duty paid by the Post Office to the recoverable as postage:

14.&= nbsp;            Post Office marks prima facie evidence of certain facts denoted:

15.&= nbsp;            Official mark to be evidence of amount of postag= e:

CHAPTER IV – POSTAGE STAMPS

16.&= nbsp;            Provision of postage stamps and powers to make r= ules as to them:

17.&= nbsp;            Postage stamps to be deemed to be stamps for the purpose of revenue:

CHAPTER V- CONDITONS OF TRANSMISSION OF POSTAL ARTICLES

18.&= nbsp;            Re-delivery to sender of postal article in cours= e of transmission by post:

19.&= nbsp;            Transmission by post of anything injurious prohibited:

19-= A. Transmission by Post of Tickets, Proposals, etc, Relating to Unauthorized Lotteries Prohibited:

20.&= nbsp;            Transmission by post of anything indecent, etc., prohibited:

21.&= nbsp;            Power to make rules as to transmission by post of postal articles:

22.&= nbsp;            Power to postpone despatch or delivery of certain postal articles:

23.&= nbsp;            Pow= er to deal with postal articles posted in contravention of Act:

= (1)&= nbsp;           &nbs= p; 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 addition= al postage (if any) as the [Central Government] may, by rule, direct.

= (2)&= nbsp;           &nbs= p; Any officer in charge of a post office or author= ized by the Post Master General in this behalf may open or unfasten any newspape= r or any book, pattern or sample packet, in course of transmission by post, whic= h he suspects to have been sent by post in contravention of [section 20, clause = (a) of of] section 21 or of any o= f the provisions of this Act relating to postage.

= (3)&= nbsp;           &nbs= p; Notwithstanding anything in sub-section (1) R= 11;

= (a)&= nbsp;           &nbs= p; any postal article sent by post in contravention= of the provisions of section 19 or section 19 A may, under the authority of the Post Master General, if necessary, be opened and destroyed; and

(b)     = any postal article sent by post in contravention of the provisions of section 20 may be disposed of in such manner as the [Central Government] may by rule direct.

24.&= nbsp;            Power to deal with postal articles containing go= ods contraband or liable to duty:

24-A. Power to deliver such articles to Customs authority:<= /o:p>

25.&= nbsp;            Power to intercept notified goods during transmission by post:

26.&= nbsp;            Power to intercept postal articles for public go= od:

27.&= nbsp;            Power to deal with postal articles from abroad bearing fictitious or previously used stamps:

27-A. Prohibition of transmission by post of certain newspapers:=

27-B. Power to detain newspapers and other articles being transmitted by post:

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;font-family:Tahoma; mso-fareast-font-family:Tahoma;mso-bidi-font-family:Tahoma'>(1)&= nbsp;           &nbs= p; Any officer of the Post Office authorized by Postmaster General in this behalf may detain any postal article in course of transmission by post which he suspects to contain:-

(a)      <= /span>(i)      any newspap= er or book as defined in the Press and Registration of Books Act 1867 (25 of 1867= ); or

            =             &nb= sp;    (ii)      any documen= t;

con= taining any seditious matter, that is to say, any matter the publication of which is punishable under section 124 – A of the Indian Penal Code (45 of 1860= ); or

= (b)&= nbsp;           &nbs= p; any newspaper as defined in the Press and Registration of Books Act, 1867 (25 of 1867), edited, printed or published otherwise than in conformity with the rules laid down in that Act;

and= shall deliver any postal article so detained to such officer as the [State Government] may appoint in this behalf.



<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;font-family:Tahoma; mso-fareast-font-family:Tahoma;mso-bidi-font-family:Tahoma'>(2)&= nbsp;           &nbs= p; Any officer detaining any postal article under t= he provisions of sub-section (1) shall forthwith send by post to the addressee of such article not= ice of the fact of such detention.

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;font-family:Tahoma; mso-fareast-font-family:Tahoma;mso-bidi-font-family:Tahoma'>(3)&= nbsp;           &nbs= p; the [State Government] shall cause the contents = of any postal article detained under sub-section (1) to be examined, and, if it appears to the [State Government] that the article contained any newspaper, book or other document, of the nature described in clause (a) or clause (b)= of sub section (1), may pass such orders as to the disposal of the article and= its contents as it may deem proper, and, if it does not so appear, shall release the article and it contents, unless the same be otherwise liable to seizure under any law for the time being in force:

Pro= vided that any person interested in any article detained under the provisions of clause (a) of sub-section (1), may, within two months from the date of such detention, apply to the [State Government] for release of the same, and the [State Government] shall consider such application and pass such orders the= reon as it may deem to be proper:

Pro= vided also that, if such application is rejected, the applicant may, within two months from the date of the order rejecting the application, apply to the H= igh Court for release of the article and its contents on the ground that the article did not contain any newspaper, book or other document containing any seditious matter.

(4)     = In this section “document” includes also any painting, drawing or photograph, or other visible representation.

27-= C. Procedure for disposal by High Cour= t of applications for release of newspapers and articles so detained:=

27-D. Jurisdiction barred:

CHAPTER VI – REGISTRATION INSURANCE AND VALUE – PAYABLE POST

28.&= nbsp;            Registration of postal articles:

29.&= nbsp;            Power to make rules as to registration:

30.&= nbsp;            Insurance of postal articles:<= /p>

31.&= nbsp;            Power to require insurance of postal articles:

32.&= nbsp;            Power to make rules as to insurance:<= /span>

33.&= nbsp;            Lia= bility in respect of postal articles insured:

Sub= ject to such conditions and restri= ctions as the [Central Government] may, by rule, prescribe, [the Central Governmen= t] 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:

Pro= vided that the compensation so payable shall in no case exceed the value of the article lost or the amount of damage caused.

34.&= nbsp;            Transmission by post of value-payable postal articles:

35.&= nbsp;            Power to make rules as to value-payable postal articles:

36.&= nbsp;            Power to give effect to arrangements with other countries:

CHAPTER VII – UNDELIVERED POSTAL ARTICLES

37.&= nbsp;            Power to make rules as to disposal of undelivered postal articles:

38.&= nbsp;            Dis= posal of undelivered postal articles at office of Post Master General<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;font-family:Tahoma'>:

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;font-family:Tahoma; mso-fareast-font-family:Tahoma;mso-bidi-font-family:Tahoma'>(1)&= nbsp;           &nbs= p; Every postal article received at the office of t= he Post Master General under sub- section (3) of section 37 shall be dealt with as follows:=

= (a)&= nbsp;           &nbs= p; if practicable, it shall be redirected and forwa= rded by post to the addressee; or

= (b)&= nbsp;           &nbs= p; if it cannot be redirected and forwarded as aforesaid, it shall be opened by some officer, appointed by the Post Master General in this behalf and bound to secrecy, in order to ascertain the name= and address of the sender.

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;font-family:Tahoma; mso-fareast-font-family:Tahoma;mso-bidi-font-family:Tahoma'>(2)&= nbsp;           &nbs= p; If the name and address of the sender are so ascertained, it shall be returned by post to the sender, free of further ch= arge or subject to such further charge as the [Central Government] may, by rule, direct.

39.&= nbsp;            Fin= al disposal of undelivered postal article:

Und= elivered postal articles which cannot be disposed of under the foregoing provisions, shall be detained in the office of the Postmaster General for such further period (if any), and shall be dealt with in such manner as the [Central Government], may, by rule, direct:

Pro= vided that:

= (a)&= nbsp;           &nbs= p; letters and postcards shall be destroyed;

= (b)&= nbsp;           &nbs= p; money or saleable property, not being of a perishable nature, found in any undelivered postal article, shall be detain= ed for a period of one year in the office of the Post Master General, and if on the expiration of that period no person has established his right thereto, shall, if money, be credited to the Post Office, and, if saleable property,= be sold, the sale-proceeds being credited to the Post Office.

CHAPTER VIII – SHIP LETTERS

40.&= nbsp;            Duty of master of ship, departing from any port = in India and not being a mail ship, to convey mail bags:

41.&= nbsp;            Duty of master of ship arriving at any port in I= ndia in respect of postal articles and mail bags on board:

42.&= nbsp;            Allowances of gratuities for conveyance of postal articles by ships other than mail ships:

CHAPTER IX – MONEY ORDERS

43.&= nbsp;            Power to maintain money order system and to make rules as to remittances thereby

44.          &n= bsp; Pow= er for remitter to recall money order or alter name of payee:

= (1)&= nbsp;           &nbs= p; Subject to such conditions as the [Central Government] may, by rules, made under section 43, prescribe in respect of t= he levy of additional rates of commission or fees or any other matters, a pers= on remitting money through the Post Office by means of a money order may requi= re that the amount of the order, if not paid to the payee, be repaid to him, o= r be paid to such person other than the original payee as he may direct.

= (2)&= nbsp;           &nbs= p; If neither the payee nor the remitter of a money order can be found, and if within the period of one year from the date of t= he issue of the order no claim is made by such payee or remitter, the amount of such order shall not be claimable from the Government.

45.&= nbsp;            Power to provide for the issue of postal orders:=

46.&= nbsp;            Power to give effect to arrangements with other countries:

47.&= nbsp;            Rec= overy 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:-

= (a)&= nbsp;           &nbs= p; any amount paid to him in respect of a money ord= er by an officer of the Post Office in excess of what ought to have been paid = to him in respect thereof, or

= (b)&= nbsp;           &nbs= p; the amount of a money order paid by an officer of the Post Office to him instead of to some other person to whom it ought to = have been paid,

Such amount shall be recoverable by an officer of the Post Office authorized by = the Post Master General in this behalf from the person so neglecting or refusin= g as if it were an arrears of land revenue due from him.

48.&= nbsp;            Exe= mption from liability in respect of money orders:

No = suit or other legal proceeding shall be instituted against [Government] or any officer of the Post Office in respect of:-

= (a)&= nbsp;           &nbs= p; anything done under any rules made by the [Centr= al Government] under this Chapter: or

= (b)&= nbsp;           &nbs= p; the wrong payment of a money order caused by incorrect or incomplete information given by the remitter as to the name and address of the payee, provided that, as regards incomplete information, the= re was reasonable justification for accepting the information as a sufficient description for the purpose of identifying the payee; or<= /p>

= (c)&= nbsp;           &nbs= p; the payment of any money order being refused or delayed by or on account of any accidental neglect omission or mistake, by,= or on the part of, an officer of the Post Office or for any other cause whatsoever other than the fra= ud or willful act of such officer: or

= (d)&= nbsp;           &nbs= p; any wrong payment of a money order after the expiration of one year from the date of the issue of the order; or

= (e)&= nbsp;           &nbs= p; any wrong payment or delay in payment of a money order beyond the limits of India by an officer of any post office not being= one established by the [Central Government].

CHAPTER X – PENALTIES AND PROCEDURE

49.&= nbsp;            Penalty for misconduct of person employed to car= ry or deliver mail bags or postal articles:

50.&= nbsp;            Penalty for voluntary withdrawal from duty, with= out permission or notice, of person employed to carry or deliver mail bags or postal articles:

51.&= nbsp;            Penalty for making false entry in register kept = by person employed to carry or deliver postal article= s:

52.&= nbsp;            Penalty for theft, dishonest misappropriation, secretion, destruction, or throwing away, or postal articles:

53.&= nbsp;            Penalty for opening, detaining or delaying postal articles:

54.&= nbsp;            Penalty for fraud in connection with official ma= rks and for receipt of excess postage:

55.&= nbsp;            Penalty for fraudulently preparing, altering secreting or destroying Post Office documents:

56.&= nbsp;            Penalty for fraudulently sending unpaid postal articles:

57.&= nbsp;            Repealed by Act 25 of 1950:

OTHER OFFENCES

58.&= nbsp;            Penalty for contravention of section 4:

59.&= nbsp;            Penalty for contravention of section 5:

60.&= nbsp;            Penalty for breach of rules under section 16:

61.&= nbsp;            Penalty for contravention of section 19, 19-A, or 20:

62.&= nbsp;            Penalty for defiling or injuring post office let= ter boxes:

63.&= nbsp;            Penalty for affixing without authority thing to,= or painting tarring or disfiguring, post office letter box:<= /p>

64.&= nbsp;            Penalty for making false declaration:=

65.&= nbsp;            Penalty for master of ship failing to comply with the provisions of section 40 or 41:

66.&= nbsp;            Penalty for detention of letter on board vessel arriving in port:

67.&= nbsp;            Penalty for detaining mails or opening mail bag:=

68.&= nbsp;            Penalty for retaining postal articles wrongly delivered or mail bags:

69.&= nbsp;            Penalty for unlawfully diverting letters:

GENERAL

70.&= nbsp;            Penalty for abetting or attempting to commit, offences under Act:

71.&= nbsp;            Property in cases of offences to be laid in the = Post Office:

72.&= nbsp;            Authority for prosecution under certain sections= of Act:

CHAPTER XI – SUPPLEMENTAL

73.&= nbsp;            Zamindari and other district posts:

74.&= nbsp;            General power to make rules and provisions as to rules under Act:

75.&= nbsp;            Delegation of Powers, other than rule-making pow= ers, to Director General: