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POST OFFICE ACT, 2023
8.
POST OFFICE RULES, 2024
POST OFFICE REGULATIONS, 2024
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CHAPTER
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IV
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CHAPTER VI
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ITEMS
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REMITTANCE SERVICES
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Post Office Act, 2023
[ACT NO. 43 OF 2023]
An Act to consolidate and amend the law relating to Post Office in India and to provide for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:—
Short title and commencement.
1. (1) This Act may be called the Post Office Act, 2023.
(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint. Definitions.
2. In this Act, unless the context otherwise requires,—
(a) “Director General” means the Director General of Postal Services appointed by the Central Government and includes any officer authorised by the Central Government to perform the duties of the Director General;
(b) “item” means an indivisible article which the Post Office accepts for providing a service;
(c) “notification” means a notification published in the Official Gazette;
(d) “Post Office” means the Department of Posts and includes every house, building, room, place or any other asset used by the Post Office for providing any service;
(
e) “prescribe” means prescribe by rules made under this Act and the expression “prescribed” shall be construed accordingly;
(f) “regulations” means the regulations made under this Act. Services to be provided by Post Office.
3. (1) The Post Office shall provide such services as the Central Government may prescribe.
1. Notification S.O. 2352(E), dated 17-6-2024 : In exercise of the powers conferred by sub-section (2) of section 1 of the Post Office Act, 2023 (43 of 2023), the Central Government hereby appoints the 18th day of June, 2024 as the date on which the said Act, shall come into force.
(2) The Director General may make regulations—
(a) in respect of activities necessary to provide services referred to in sub-section (1); and
(b) to fix charges for, and the terms and conditions in respect of, services referred to in sub-section (1).
(3) Any service provided by the Post Office shall be subject to any other law for the time being in force.
COMMENTS
SECTION NOTES
3.1 Services to be Provided by the Post Office
The section mandates that the Post Office must provide services as prescribed by the Central Government.
3.2 Director General’s Power to Regulate Activities and Charges for services
Section 3(2) grants power to Director General to make regulations in regard to following:
(a) all activities necessary to provide the prescribed services.
(b) to determine charges and set terms and conditions related to prescribed services.
3.3 Subjection to other Laws
The section 3(3) clarifies that all services provided by the Post Office must comply with other laws currently in force.
Exclusive privilege in respect of postage stamps.
4. (1) The Post Office shall have the exclusive privilege of issuing postage stamps.
(2) The Director General may make regulations relating to the supply and sale of postage stamps and postal stationery.
(3) In this section, the expressions—
(a) “postage stamp” means any stamp provided by the Central Government, in any form, physical or digital, for denoting sums payable in respect of such service provided by the Post Office, as may be prescribed and includes stamps affixed, printed, embossed, embedded, impressed, or otherwise indicated on an item;
(b) “postal stationery” means stationery, issued by the Post Office such as envelopes, letter cards, postcards, bearing imprinted stamps or inscriptions indicating that sum payable in respect of a service provided by the Post Office has been prepaid.
COMMENTS
SECTION NOTES
4.1 Exclusive Right to Issue Postage Stamps
Section 4(1) grants the Post Office the exclusive right to issue postage stamps, establishing a monopoly over stamp issuance in India.
CASE LAWS
Monopoly of Postal Services - Constitutional Validity - The case involved a challenge to the constitutional validity of Sections 4 and 58 of the Indian Post Of ce Act, 1898, by a private courier company accused of running a parallel postal service. The petitioners argued that these sections, which grant the Central Government exclusive privilege to convey letters, infringed on their rights under Articles 14 and 19(1)(a) and (g) of the Constitution. The Delhi High Court upheld the validity of the sections, ruling that the exclusive privilege granted to the government for conveying letters is a reasonable restriction under Article 19(6), as it serves a commercial and welfare purpose, ensuring accessible communication services across the country. The Court also clari ed that the restriction applies only to the conveyance of letters, not to other postal articles, and does not violate Article 14 since the classi cation is reasonable. The petition was dismissed, af rming that the government’s monopoly on postal services is a valid exercise of state power. — Inland Commercial (TPT) Service, Delhi v. Union of India AIR 1982 Delhi 393
Addresses and postcodes.
5. (1) The Central Government may prescribe standards for addressing on the items, address identifiers and usage of postcodes.
(2) In this section, “postcode” means a series of digits, letters or digital code or a combination of digits, letters or digital code used to identify a geographic area or location, and ease the process of sorting and delivery of items and for other purposes.
COMMENTS
SECTION NOTES
5.1 Authority to Prescribe Standards
This provision empowers the Central Government to prescribe standards for addressing on the items.
In addition to addressing standards, the Central Government may prescribe guidelines for address identifiers (like unique codes for buildings or areas) and the use of postcodes.
5.2 Definition and Purpose of “Postcode”
A postcode is defined broadly to encompass any combination of digits, letters, or digital codes. This inclusivity allows flexibility in the postcode system, accommodating current numeric codes and potential future formats, including alphanumeric or digital systems. Postcodes are intended to simplify sorting and direct items accurately to geographic areas, making the delivery process more efficient and reliable.
While primarily for sorting and delivery, postcodes may also serve other purposes, such as demographic analysis or regional identification, aligning with broader postal and administrative functions that require location-based data.
Power to give effect to arrangements with other countries.
6. The Central Government may make rules to give effect to arrangements made with any foreign country or territory for services provided by the Post Office between India and the said foreign country or territory.
Recovery of sums due in respect of services provided by Post Office.
7. (1) Every person who avails a service provided by the Post Office shall be liable to pay the charges in respect of such service.
(2) If any person refuses or neglects to pay the charges referred to in sub-section (1), such amount shall be recoverable as if it were an arrear of land revenue due from him.
COMMENTS
SECTION NOTES
7.1 Liability for Payment
This provision establishes that any person who utilizes a service offered by the Post Office is legally obligated to pay the corresponding charges.
7.2 Mechanism for Recovery of Unpaid Charges
In cases where a person refuses or neglects to pay for services used, the unpaid charges are recoverable as an arrear of land revenue.
CASE LAWS
Recovery of De cit Postal Charges - Liability of Sender - The dispute involved the recovery of postal charges from CESC Ltd., an electricity company, for underpayment due to incorrect franking on monthly consumption bills. The postal department claimed a de cit of Rs. 1.83 crore, arguing that the company had improperly categorized the bills as “book post” based on an earlier communication from the postal authority. The Supreme Court held that under section 11, liability for unpaid postal charges lies with the addressee if the mail is accepted; the sender is liable only if the addressee refuses, returns, or cannot be found. As the postal department cleared the mail without objections and delivered it, the sender could not be held liable. The Court ruled the demand notice improper and directed a refund. — CESC Ltd. v. Chief Post Master General AIR 2012 SC 2027.
Official mark to be evidence of certain facts denoted.
8. The Central Government may prescribe the conditions for denoting the official marks on items to be used as prima facie evidence of the facts so denoted.
COMMENTS
SECTION NOTES
8.1 Authority to Prescribe Conditions for Official Marks
This section authorizes the Central Government to set conditions under which official marks on postal items can be used as prima facie evidence of specific facts.
8.2 Role of Official Marks as Prima Facie Evidence
The term prima facie evidence means that the official mark alone is sufficient to establish certain facts unless contradicted by other evidence. This designation gives significant legal weight to these marks, as they are presumed accurate and reliable at first glance. Facts potentially denoted by official marks could include payment of postage, dates of dispatch, item origin, or receipt acknowledgement. This evidentiary role simplifies proving these facts in legal or administrative matters, reducing the burden of additional proof for the Post Office or users.
CASE LAWS
Presumption of Delivery - Notice by Registered Post - In this case, a landlord sent a combined notice under section 106 of the Transfer of Property Act and section 3 of the
U.P. Rent Control Act to the tenant via registered post. The notice was returned with the endorsement “Refused.” The Allahabad High Court held that under section 14 of the Indian Post Of ce Act, the of cial mark of the post of ce is prima facie evidence of refusal. Once the registered letter is dispatched to the correct address, a legal presumption of service arises under section 27 of the General Clauses Act and section 114 of the Evidence Act, regardless of actual delivery. The refusal to accept the notice strengthens this presumption, implying proper service on the tenant. The Court ruled that the landlord is not required to prove that the tenant read or understood the notice once it is refused. — Ganga Ram v. Smt. Phulwat AIR 1970 Allahabad 446.
Power to intercept, open or detain any item or deliver item to customs authority.
9. (1) The Central Government may, by notification, empower any officer to cause any item in course of transmission by the Post Office to be intercepted, opened or detained in the interest of the security of the State, friendly relations with foreign states, public order, emergency, or public safety or upon the occurrence of any contravention of any of the provisions of this Act or any other law for the time being in force.
(2) The Central Government may cause any item referred to in sub-section (1) to be disposed of in such manner as it deems appropriate.
(3) The Central Government may, by notification, empower any officer of the Post Office to deliver an item, received from within or beyond the limits of India and reckoned to contain anything liable to duty or which is suspected to contain any prohibited item to such customs authority or any other authority as may be specified in the said notification, and such customs authority or any other authority shall deal with such item in accordance with the provisions of any law for the time being in force.
COMMENTS
SECTION NOTES
9.1 Empowerment of Officers to Intercept, Open, or Detain Postal Items
The Central Government is empowered to authorize officers, through a formal notification, to cause any item in course of transmission by the Post Office to be intercepted, opened or detained.
Such power to intercept, open, or detain any item in course of transmission by the Post Office can be conferred under following circumstances only:
In the Interest of Security of the State, Friendly relations with foreign States, Public Order, Emergency, or Public safety, or
Upon the occurrence of any contravention of any provisions of this Act or any other law