Search Results on regulation for query: "Postal Manual Volume II"
Related Section(s)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.
(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.
(2) In making any rule under this Act, the Central Government may direct that a breach of in shall be punishable with fine which may extend to fifty rupees. (3) All rules made by the Central Government under this Act shall be published in the Official Gazelle and, on such publication, shall have effect as if enacted by this Act. 1[(4) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
1. Ins. by Act 4 of 2005, s. 2 and the Schedule (w.e.f. 11-1-2005).
(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.
(2) The detention in the Post Office of any postal article on the ground of its having been sent in contravention of the provisions of section 19 1[or section 19A] or section 20, shall not exempt the sender from any proceedings which might have been taken if the postal article had been delivered in due course of post.
1. Ins. by Act 7 of 1958, s. 4.
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,--
(a) fails to comply with the provisions of section 40, or (b) without reasonable excuse, the burden of proving which shall lie on him, fails to deliver any postal article or mail bag or to comply with the directions of the officer in charge of the post office at a port of arrival, as required by section 41, shall be punishable with fine which may extend to one thousand rupees. 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.
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 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.
(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.
(2) Whoever, being such master or other person as aforesaid, detains any such postal article as aforesaid after demand made for it by an officer of the Post Office, shall be punishable with fine which may extend to one hundred rupees for every such postal article.
1. Subs. by Act 25 of 1950, s. 11 and the Fourth Schedule, for "the States".
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 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:
Provided that nothing in this section shall extend to the opening, detaining or delaying of any postal article under the authority of this Act or in obedience to the order in writing of the Central Government or the direction of a competent Court. 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.
Whoever, being appointed to sell postage
stamps,--
(a) takes from any purchaser for any postage stamp or quantity of postage stamps a price higher than that fixed by any rule made under section 16, sub-section (3), clause (a), shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two hundred rupees, or with both; or (b) commits a breach of any other rule made under section 16, shall be punishable with fine which may extend to two hundred rupees. 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 employed to carry or deliver any mail bag or any postal article in course of
transmission by post,--
(a) is in a state of intoxication while so employed, or (b) is guilty of carelessness or other misconduct, whereby the safety of any such mail bag or postal article as aforesaid is endangered, or (c) loiters or makes delay in the conveyance or delivery of any such mail bag or postal article as aforesaid, or (d) does not use due care and diligence safely to convey or deliver any such mail bag or postal article as aforesaid, shall be punishable with fine which may extend to fifty rupees. 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,--
(a) fraudulently puts any wrong official mark on a postal article, or (b) fraudulently alters, removes or causes to disappear an official mark which is on a postal article, or (c) being entrusted with the delivery of any postal article, knowingly demands or receives any sum of money in respect of the postage thereof which is not chargeable under this Act, shall be punishable with imprisonment for a term which may extend to two years, and shall also be punishable with fine. (1) Whoever--
(a) conveys otherwise than by post, a letter within the exclusive privilege conferred on the Central Government by section 4,or (b) performs any service incidental to conveying, otherwise than by post, any letter within the exclusive privilege aforesaid, or (c) sends, or tenders or delivers in order to be sent, otherwise than by post, a letter within the exclusive privilege aforesaid, or (d) makes a collection of letters excepted from the exclusive privilege aforesaid for the purpose of sending them otherwise than by post, shall be punishable with fine which may extend to fifty rupees for every such letter. (2) Whoever, having already been convicted of an offence under this section, is again convicted there under, shall, on every such subsequent conviction, be punishable with fine which may extend to five hundred rupees. 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, 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:
Provided that nothing in this section shall prevent the detention of an officer of the Post Office carrying the mails or any postal article in course of transmission by post, on a charge of having committed an offence declared to be cognizable by the Code of Criminal Procedure, 1898 (5 of 1898), or any other taw for the time being in force.
1. Ins. by Act 15 of 1921, s. 4.
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:
Provided that nothing in this section shall apply to a person who does any act to which the section applies, if he is a parent, or in the position of a parent or guardian, of the addressee, and the addressee is a minor or a ward. 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.
(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.
(2) Whoever, having already been convicted of an offence under this section, is again convicted thereunder, shall, on every such subsequent conviction, be punishable with fine which may extend to five hundred rupees. [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.
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.
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.
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Related Section(s)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.
2* * * * * 3[(2) The Central Government may also make rules prescribing the maximum limit of amount up to which postal orders may be issued from time to time].
1. Section 45 re-numbered as sub-section (1) thereof by Act 34 of 1970, s. 2.
2. The proviso omitted by Act 34 of 1970, s. 2. 3. Ins. by s. 2, ibid. (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.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe-- (a) the limit of amount for which money orders may be issued; (b) the period during which money orders shall remain current; and (c) the rates of commission or the fees to be charged on money orders or in respect thereof. (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.
(2) 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 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. (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.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe-- (a) the manner in which, and the conditions subject to which, such orders may be issued and paid in 4[India]; and (b) the rates of commission to be charged thereon.
1. Subs. by the A.O. 1950, for "are in force".
2. Subs., ibid., "Indian State or foreign country".
3. The words and letter "Indian State corresponding to a Part B State" omitted by Act 25 of 1950, s. 11 and the Fourth Schedule.
4. Subs. by s. 11 and the Fourth Schedule, ibid., for "the States".
5. Subs. by the A.O. 1950, for "State or country".
6. The words and letter "Part B State" omitted by Act 25 of 1950, s. 11 and the Fourth Schedule.
If any person, without reasonable
excuse, the burden of proving which shall lie on him, neglects or refuses to refund--
(a) any amount paid to him in respect of a money order by an officer of the Post Office in excess of what ought to have been paid to him in respect thereof, or (b) 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 authorised by the Post Master General in this behalf from the person so neglecting or refusing as if it were an arrear of land revenue due from him.1
1. See the Revenue Recovery Act, 1890 (1 of 1890).
No suit or other legal proceeding shall
be instituted against 1[the Government] or any officer of the Post Office in respect of--
(a) anything done under any rules made by the Central Government under this Chapter; or (b) 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, there was reasonable justification for accepting the information as a sufficient description for the purpose of identifying the payee; or (c) 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 fraud or willful act or default of such officer; or (d) any wrong payment of a money order after the expiration of one year from the date of the issue of the order; 2[or] (e) any wrong payment or delay in payment of a money order beyond the limits of 3[India] by an officer of any Post Office, not being one established by the Central Government.)
1. Subs. by the A.O. 1950, for "the Crown" which had been subs. titled by the A.O. 1937, for "the Secretary of State for India in
Council".
2. Ins. by Act 3 of 1912, s. 8. 3. Subs. by Act 25 of 1950, s. 11 and the Fourth Schedule, for "the States". | ||||||||||||||||
Related Section(s)(1) Where a postal article is received by post from any place beyond the limits of 1[India]--
(a) bearing a fictitious postage stamp, that is to say any facsimile or imitation or representation of a postage stamp, or (b) purporting to be prepaid with any postage stamp which has been previously used to prepay any other postal article, the officer in charge of the post office at which the postal article is received, shall send a notice to the addressee inviting him to attend, either in person or by agent, within a specified time at the post office to receive delivery of the postal article. (2) If the addressee or his agent attends at the post office within the time specified in the notice and consents to make known to the officer-in-charge of the post office the name and address of the sender of the postal article and to redeliver to the officer aforesaid the portion of the postal article which bears the address and the fictitious or previously used postage stamp, or, if the postal article is inseparable from the stamp, the entire postal article, the postal article shall be delivered to the addressee or his agent. (3) If the addressee or his agent fails to attend at the post office within the time specified in the notice, or, having attended within that time, refuses to make known the name and address of the sender or to redeliver the postal article or portion thereof as required by subsection (2), the postal article shall not be delivered to him, but shall be disposed of in such manner as the Central Government may direct. Explanation.--For the purposes of this section, the expression "postage stamp" includes any postage stamp for denoting any rate or duty of postage of any part of 2[India or of His Majesty's dominions] or foreign country 3[and the impression of any stamping machine provided or authorised for the like purpose purpose to by or under the authority of the Government of such 4[part or country]].
1. Subs. by Act 25 of 1950, s. 11 and the Fourth Schedule, for "the States".
2. Subs. by the A.O. 1950, for "Her Majesty's dominions or of any Indian State". 3. Ins. by Act 16 of 1924, s. 3. 4. Subs. by the A.O. 1950, for "part, State or country" |
