act 006 of 1898 : The Indian Post Office Act, 1898

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

In this Act, unless there is anything repugnant in the subject or context,--

For the purposes of this Act--

(1) Wherever within ¹[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, dispatching and delivering all letters, except in the following cases that is to say:--

Wherever within ¹[India] posts or postal communications are established by the Central Government, the following persons are expressly forbidden to collect, carry, tenderer 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:--

The ¹⁰[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 by 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.

(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:

The Central Government may, by rule,--

(1) The Central Government may make rules providing for the registration of newspapers for transmission by inland post as registered newspapers.

(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 ¹[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.

(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:

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 authorised 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 ¹[Government] service, addressed to that person shall be withheld from him until the sum so due is paid or recovered as aforesaid.

When a postal article, on which any duty of customs is payable, has been received by post from any place beyond the limits of ¹[India], and the duly 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.

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,--

The official mark on a postal article denoting that any postage or other sum is due in respect thereof to the Post Office of ¹[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.

(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.

¹[(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.

(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.

(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.

¹[19A. Transmission by post of tickets, proposals, etc., relating to unauthorised lotteries prohibited.--No person shall send by post,--

No person shall send by post--

¹[(1) The Central Government may make rules as to the transmission of articles by post.

(1) Where the dispatch or delivery from a post office of letters would be delayed by the dispatch 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.

(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.

¹ [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:

¹[24A. Power to deliver such articles to Customs authority.--The Central Government may, by general or special order, empower any officer of the Post Office, specified in such order, to deliver postal article, received from beyond the limits of ²[India] and suspected to contain anything liable to duty, to such Customs authority as may be specified in the said order, and such Customs authority shall deal with such article in accordance with the provisions of the Sea Customs Act, 1878 (8 of 1878)³ , or of any other law for the time being in force.]

Where a notification has been published under section 19 of the Sea Customs Act, 1878 (8 of 1878), in respect of any goods of any specified description ¹[or where the import or export into or from ²[India] of goods of any specified description has been prohibited or restricted by or under any other enactment for the time being in force], any officer of the post office empowered in this behalf by the Central Government may search, or cause search to be made, for any such goods in course of transmission by post, and shall deliver ³[all postal articles reasonably believed or found to contain such goods] to such officer as the Central Government may appoint in this behalf, and such goods may be disposed of in such manner as the Central Government may direct ⁴[In carrying out any such search, such officer of the Post Office may open or unfasten, or cause to be opened or unfastened, any newspaper or any book, pattern or sample packet in course of transmission by post.]

(1) On the occurrence of any public emergency, or in the interest of the public safety or tranquility, the Central Government, or a State Government, or any officer specially authorized in this behalf ¹[by the Central or the State Government], may, by order in writing direct that any postal article or class or description of postal articles in course of transmission by post shall be intercepted or detained, or ²[shall be disposed of in such manner as the authority issuing the order may direct].

(1) Where a postal article is received by post from any place beyond the limits of ¹[India]--

¹[27A. Prohibition of transmission by post of certain newspapers.--No newspaper printed and published in ²[India] without conforming to the rules laid down in the Press, and Registration of Books Act, 1867 (25 of 1867), shall be transmitted by post.]

¹[27B. Power to detain newspapers and other articles being transmitted by post.--(1) Any officer of the Post Office authorised by the Post Master General in this behalf may detain any postal article in course of transmission by post which he suspects to contain--

¹[27C. Procedure for disposal by High Court of applications for release of newspapers and articles so detained.--Every application made under the second proviso to sub-section (3) of section 27B shall be heard and determined in the manner provided by sections 99D to 99F of the Code of Criminal Procedure, 1898 (5 of 1898), by a Special Bench of the High Court constituted in the manner provided by section 99C of that Code.]

¹[27D. Jurisdiction barred.--No order passed or action taken under section 27B shall be called in question in any court otherwise than in accordance with the second proviso to sub-section (3) of that section.]

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 post at articles.

(1) The Central Government may make rules as to the registration of postal articles.

The Central Government may, by notification in the Official Gazette direct--

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:

(1) The Central Government may make rules as to the insurance of postal articles.

Subject to such conditions and restrictions as the Central Government may, by rule, prescribe ¹[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:

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:

(1) The Central Government may make rules as to the transmission by post of value-payable postal articles.

(1) Where arrangements ¹[made] with the United Kingdom, or with any British possession, ²[ ³*** or foreign country are in force], for the transmission by post of registered, insured or value-payable postal articles between ⁴[India] and the United Kingdom or such possession ⁵[ ⁶*** or country], the Central Government may make rules to give effect to such arrangements.

(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").

(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:--

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:

The master of ship, not being a mail ship, about to depart from any port in ¹[India] to any port within, or any port or place beyond, ¹[India], shall receive on board any mail bag tendered to him by any officer of the Post Office for conveyance, granting a receipt there for in such form as the Central Government may, by rule, prescribe, and shall, without delay, deliver the same at the port or place of destination.

(1) The master of a ship arriving at any port in ¹[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.

The Central Government may, by notification in the Official Gazette, declare what gratuities shall be allowed to masters of ships, not being mail ships, in respect of postal articles received by them for conveyance on behalf of the Post Office; and the master of a ship, not being a mail ship, about to leave any port in ¹[India] as aforesaid shall, if he receives on board a mail bag for conveyance, be entitled to demand and obtain immediately the amount of the gratuity payable under this section in respect of the mail bag and its contents.

(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.

(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.

¹[(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, they may be issued, paid and cancelled.

(1) Where arrangements ¹[made] with the United Kingdom, or with any British possession ²[ ³*** or foreign country are in force], for the issue and payment through the Post Office of money orders between ⁴[India] and the United Kingdom or such possession, ⁵[ ⁶*** or country], the Central Government may make rules to give effect to such arrangements.

If any person, without reasonable excuse, the burden of proving which shall lie on him, neglects or refuses to refund--

No suit or other legal proceeding shall be instituted against ¹[the Government] or any officer of the Post Office in respect of--

Whoever, being employed to carry or deliver any mail bag or any postal article in course of transmission by post,--

Whoever, being employed to carry or deliver any mail bag or any postal article in course of transmission by post, voluntarily withdraws from the duties of his office without permission or without having given one month's previous notice in writing, shall be punishable with imprisonment which may extend to one month, or with fine which may extend to fifty rupees, or with both.

Whoever, being employed to carry or deliver any postal article in course of transmission by post and required while so employed to keep any register, makes, or causes or suffers to be made, any false entry in the register with intent to induce the belief that he has visited a place, or delivered a postal article, which he has not visited or delivered, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one hundred rupees, or with both.

Whoever, being an officer of the Post Office, commits theft in respect of, or dishonestly misappropriates, or, for any purpose whatsoever, secretes, destroys or throws away, any postal article in course of transmission by post or anything contained therein, shall be punishable with imprisonment for a term which may extend to seven years, and shall also be punishable with fine.

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 willfully 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:

Whoever, being an officer of the Post Office,--

Whoever, being an officer of the Post Office entrusted with the preparing or keeping of any document, fraudulently prepares the document incorrectly, or alters or secretes or destroys the document, shall be punishable with imprisonment for a term which may extend to two years, and shall also be punishable with fine.

Whoever, being an officer of the Post Office, sends by post, or puts into any mail bag, any postal article upon which postage has not been paid or charged in the manner prescribed by this Act, intending thereby to defraud the Government of the postage on such postal article, shall be punishable with imprisonment for a term which may extend to two years, and shall also be punishable with fine.

[Punishment of offences committed in a tribal area, Acceding State or other Indian State.] Omitted by the Finance Act, 1950 (25 of 1950), s. 11 and the Fourth Schedule.

(1) Whoever--

(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.

Whoever, being appointed to sell postage stamps,--

(1) Whoever, in contravention of the provisions of section 19 ¹[or section 19A] or section 20, sends or tenders or makes over in order to be sent by post any postal article or anything, shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

Whoever places in or against any letter-box provided by the Post Office for the reception of postal articles any fire, match or tight, any explosive, dangerous, filthy, noxious or deleterious substance, or any fluid, or commits a nuisance in or against any such letter-box, or does anything likely to injure any such letter-box or its appurtenances or contents, shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

Whoever, without due authority, affixes any placard, advertisement, notice, list, document board or other thing in or on, or paints, tars or in any way disfigures any post office or any letter-box provided by the Post Office for the reception of postal articles, shall be punishable with fine which may extend to fifty rupees.

Whoever, being required by this Act to make a declaration in respect of any postal article to be sent by post or the contents or value thereof, makes in his declaration any statement which he knows, or has reason to believe, to be false, or does not believe to be true, shall be punishable with fine which may extend to two hundred rupees, and, if the false declaration is made for the purpose of defrauding the Government, with fine which may extend to five hundred rupees.

Whoever, being the master of a ship,--

(1) Whoever, being either the master of a ship arriving at any port in ¹[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.

Whoever, except under the authority of this Act ¹[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:

Whoever fraudulently retains, or willfully secretes or makes away with, or keeps or detains, or when required by an officer of the Post Office, neglects or refuses to deliver up, any postal article in course of transmission by post which ought to have been delivered to any other person, or a mail bag containing a postal article, shall be punishable with imprisonment for a term which may extend to two years, and shall also be punishable with fine.

Whoever, not being an officer of the Post Office, willfully 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:

Whoever, abets the commission of any offence punishable under this Act or attempts to commit any offence so punishable, shall be punishable with the punishment provided for that offence.

In every prosecution for an offence in respect of a mail bag or of any postal article sent by post, it shall be sufficient, for the purpose of the charge, to describe the mail bag or postal article as being the property of the Post Office, and it shall not be necessary to prove that the mail bag or postal article was of any value.

No court shall take cognizance of an offence punishable under any of the provisions of sections 51,53,54, clauses (a) and (b), 55,56,58,59,61,64,65,66 and 67 of this Act, unless upon complaint made by order of, or under authority from, the Director General or a Post Master General.

(1) The Central Government may make rules for tire management of any zamindari or other district posts.

(1) In addition to the powers hereinbefore conferred, the Central Government may make rules to carry out any of the purposes of objects of this Act.

The Central Government may, by notification in the Official Gazette authorise, cither absolutely or subject to conditions, the Director General to exercise any of the powers conferred upon the Central Government by this Act, oilier than a power to make rules.

[Repeal.] Rep. by the Repealing and Amending Act, 1914 (10 of 1914), s. 3 and the Second Schedule.

[Saving.] Rep. by the Repealing and Amending Act, 1952 (48 of 1952), s. 2 and the First Schedule.