Search Results on regulation for query: "Postal Manual Volume VI Part-I"
Related Section(s)No person shall send by post--
(a) any indecent or obscene printing, painting, photograph, lithograph, engraving, book or card, or any other indecent or obscene article, or (b) any postal article having thereon, or on the cover thereof, any words, marks or designs of an indecent, obscene, seditious, scurrilous, threatening or grossly offensive character. 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. Ins. by Act 14 of 1922, s. 6 and the Fourth Schedule.
2. Subs. by Act 25 of 1950, s. 11 and the Fourth Schedule, for "the States". 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[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.]
1. Ins. by Act 14 of 1922, s. 6 and the Fourth Schedule.
(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.
(2) Save as provided by any rules that may be made under sub-section (1), the sender shall not be entitled to recall a postal article in course of transmission by post. 1[19A. Transmission by post of tickets, proposals, etc., relating to unauthorised lotteries
prohibited.--No person shall send by post,--
(a) any ticket, proposal or advertisement relating to a lottery; or (b) any other matter descriptive of, or otherwise relating to, a lottery, which is calculated to act as an inducement to persons to participate in that lottery. Explanation.--In this section "lottery" does not include a lottery organised or authorised by the Government.]
1. Ins. by Act 7 of 1958, s. 2.
(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.
(2) Any officer in charge of a post office or authorised by the Post Master General in this behalf may open or unfasten any newspaper or any book, pattern or sample packet, in course of transmission by post, which he suspects to have been sent by post in contravention of 1[section 20, clause (a), or of] section 21 or of any of the provisions of this Act relating to postage. (3) Notwithstanding anything in sub-section (1)-- (a) any postal article sent by post in contravention of the provisions of section 19 2[or section 19A] may, under the authority of the Post Master General, if necessary, be opened and destroyed; and 3[(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.]
1. Ins. by Act 3 of 1912, s. 3.
2. Ins. by Act 7 of 1958, s. 3. 3. Subs. by Act 3 of 1912, s. 3, for clause (b). 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.]
1. Ins. by s. 3, ibid.
2. Subs. by Act 25 of 1950, s. 11 and the Fourth Schedule, for "the States". 3. See now the Customs Act, 1962. (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.
(2) No person shall send by post any article or thing which is likely to injure postal articles in course of transmission by post or any officer of the Post Office. (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.
(2) Where separate parcel posts are established, parcels may be forwarded and conveyed by them, being detained, if necessary, in the Post Office for that purpose. 1[(1) The Central
Government may make rules as to the transmission of articles by post.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may-- (a) specify articles which may not be transmitted by post; (b) prescribe conditions on which articles may be transmitted by post; (c) provide for the detention and disposal of articles in course of transmission by post in contravention of rules made under clause (a) or clause (b); (d) provide for the granting of receipts for, and the granting and obtaining of certificates of, posting and delivery of postal articles and the sums to be paid, in addition to any other postage, for such receipts and certificates; and (e) regulate covers, forms, dimensions, maximum weights, and enclosures, and the use of postal articles, other than Setters, for making communications.] (3) Postal articles shall be posted and delivered at such times and in such manner as the Director General may, by order, from time to time, appoint.
1. Subs. by Act 3 of 1912, s. 2, for sub-sections (1) and (2).
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:
Provided, first, that, if the Director General so directs in the case of any post office or class of post offices, the officer in charge of the post office shall call in two respectable persons as witnesses before he opens a postal article in the absence of the addressee or his agent: Provided, secondly, that in all cases a postal article, after being opened under this section, shall be delivered to the addressee, unless it is required for the purpose of any further proceeding under this or any other law or enactment for the time being in force, and that the opening of the postal article and the circumstances connected therewith shall be immediately reported to the Post Master General. 2* * * * *
1. Subs. by s. 4, ibid., for "Where a postal article, suspected to contain any contraband goods".
2. The proviso omitted by Act 15 of 1921, s. 2. 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. Ins. by Act 2 of 1930, s. 40 and Schedule II.
2. Subs. by Act 25 of 1950, s. 11 and the Fourth Schedule, for "the States". 3. Subs. by Act 3 of 1912, s. 5, for "all such goods found". 4. Ins. by Act 3 of 1912, s. 5. 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. Ins. by Act 14 of 1922, s. 6 and the Fourth Schedule.
(1) The Central Government may make rules as to the
registration of postal articles.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may-- (a) declare in what cases registration shall be required; (b) prescribe the manner in which the fees for registration shall be paid; and (c) direct that twice the fee for registration shall be levied on the delivery of a postal article required to be registered on which the fee for registration has not been prepaid. (3) postal articles made over to the Post Office for the purpose of being registered, shall be delivered, when registered, at such times and in such manner as the Director General may, by order, from time to time appoint. (1) The Central Government may make rules as to the
insurance of postal articles.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may-- (a) declare what classes of postal articles may be insured under section 30; (b) fix the limit of the amount for which postal articles may be insured; and (c) prescribe the manner in which the fees for insurance shall be paid. (3) Postal articles made over to the Post Office for the purpose of being insured, shall be delivered, when insured, at such places and times and in such manner as the Director General may, by order, from time to time, appoint. 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:
Provided that 1[the Central Government] shall not incur any liability in respect of the sum specified for recovery, unless and until that sum has been received from the addressee. Explanation.--Postal articles sent in accordance with the provisions of this section may be described as "value-payable" postal articles.
1. Subs. by the A.O. 1948, for "neither the Central Government nor the Secretary of State shall" which was substituted by the
A.O. 1937, for "the Secretary of State of India in Council shall not".
(1) The Central Government may
make rules as to the transmission by post of value-payable postal articles.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may-- (a) declare what classes of postal articles may be sent as value-payable postal articles. (b) direct that no postal article shall be so sent unless the sender declares that it is sent in execution of a bona fide order received by him; (c) limit the value to be recovered on the delivery of any value-payable postal article; 2*** (d) prescribe the form of declaration to be made by the senders of value-payable postal articles, and the time and manner of the payment of fees; 3[(e) provide for the retention and repayment to the addressee in cases of fraud of money recovered on the delivery of any value-payable postal article; and (f) prescribe the fees to be charged far inquiries into complaints regarding the delivery of or payment for value-payable postal articles.] (3) Postal articles shall be made over to the Post Office for the purpose of being sent as "valuepayable" and shall be delivered, when so sent, at such times and in such manner as the Director General may, by order, from time to time, appoint. 3[(4) No suit or other legal proceeding shall be instituted against 1[the Central Government 4***] or any officer of the Post Office in respect of anything done, or in good faith purporting to be done, under any rule made under clause (e) of sub-section (2).]
1. Subs. by the A.O. 1937 for "the Secretary of State for India in Council".
2. The word "and" omitted by Act 3 of 1912, s. 7. 3. Ins. by s. 7, ibid. 4. The words "the Secretary of State" omitted by the A.O. 1948. (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].
(2) If any doubt arises as to the existence of a public emergency, or as to whether any act done under sub-section (1) was in the interest of the public safety or tranquility, a certificate 3[of the Central Government or, as the case may be, of the State Government] shall be conclusive proof on the point.
1. Subs. by the A.O. 1937, for "by the Governor General in Council".
2. Subs. by Act 3 of 1912, s. 6, for "shall be delivered to the Government or to an officer thereof mentioned in the order, to be
disposed of in such manner as the Governor General in Council may direct".
3. Subs. by A.O. 1937, for "singed by a Secretary to the G. of I. or to the L.G.".
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--
(a) (i) any newspaper or book as defined in the Press and Registration of Books Act, 1867 (25 of 1867); or (ii) any document; containing any seditious matter, that is to say, any matter the publication of which is punishable under section 124A of the Indian Penal Code (45 of 1860); or (b) any newspaper as defined in the Press and Registration of Books Act, 1867 (25 of 1867), edited, printed or published otherwise than inconformity with the rules laid down in this Act; and shall deliver any postal article so detained to such officer as the State Government may appoint in this behalf. (2) Any officer detaining any postal article under the provisions of sub-section (1) shall forthwith send by post to the addressee of such article, notice of the fact of such detention. (3) 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: Provided 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 thereon as it may deem to be proper: Provided 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 High 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 mailer. (4) In this section "document" includes also any painting, drawing or photograph, or other visible representation.]
1. Ins. by Act 14 of 1922, s. 6 and the Fourth Schedule.
(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:--
(a) if practicable, it shall be re-directed and forwarded by post to the addressee; or (b) if it cannot be re-directed 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. (2) If the name and address of the sender are so ascertained, it shall be returned by post to the sender, free of further charge or subject to such further charge as the Central Government may, by rule, direct. 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:
Provided that-- (a) letters and postcards shall be destroyed; (b) money or saleable property, not being of a perishable nature, found in any undelivered postal article, shall be detained 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. (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" The Central Government may, by notification in the Official
Gazette direct--
(a) that any postal article may, subject to the other provisions of this Act, be insured at the post office at which it is posted, against the risk of loss or damage in course of transmission by post, and that a receipt therefore shall be granted to the person posting it; and (b) that, in addition to any postage and fees for registration chargeable under this Act, such further fee as may be fixed by the notification shall be paid on account of the 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:
Provided that the levy of such special fee as aforesaid shall not impose any liability upon 1[the Central Government] 2*** in respect of the postal article.
1. Subs. by the A.O. 1937, for "the Secretary of State for India in Council".
2. The words "or the Secretary of State" omitted by the A.O. 1948. (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.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe-- (a) the form of declaration to be made by the senders of such postal articles as aforesaid; and (b) the fees to be charged in respect thereof.
1. Subs. by the A.O. 1950, for "are in force".
2. Subs., ibid., for "Indian State or foreign country". 3. The words and letters "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. (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").
(2) In particular and without prejudice to the generality of the foregoing power, such rules may-- (a) prescribe the period during which undelivered postal articles at a post office shall remain in that office; and (b) provide for the publication of lists of undelivered postal articles, or of any class of undelivered postal articles. (3) Every undelivered postal article, after being detained at a post office for the period prescribed by rule under the foregoing provisions of this section, shall be either forwarded, free of further charge, to the post office at which it was posted, for return to the sender, or sent to the office of the Post Master General. 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:
Provided that the compensation so payable shall in no case exceed the value of the article lost or the amount of the damage caused.
1. Subs. by the A.O. 1937 for "the Secretary of State for India in Council".
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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". |
