Postal services come under the Union
List of the Constitution. The Indian Post Office Act, 1898
regulates the postal services offered by the Central Government. It
grants the Central Government exclusive privilege over conveying of letters.
Postal services are offered through India Post, a departmental undertaking.
On certain previous occasions, significant amendments to the 1898 Act
were proposed. However, they did not come into force. A Bill passed by
Parliament in 1986 sought to align the grounds for interception of an
article being transmitted through post with the reasonable restrictions on the fundamental
rights100 under the Constitution. The Bill did not receive the assent
of the President and was later withdrawn. A Bill was120 introduced and referred to a
Standing Committee in 2002, which included amendments to regulate private courier
services under the Act. The Bill eventually lapsed. In 2006 and
2011, draft Bills were released, which also proposed amendments to regulate
private courier services under the Act. However, the corresponding Bills were
not introduced in Parliament.
In 2017, the Act was amended to delegate the power to decide
tariffs to the Central Government. Earlier, this200 power rested with Parliament.
Recently, the Jan Vishwas (Amendment of Provisions) Act, 2023 removed all
offences and penalties under the Act. In August 2023, the Post Office Bill,
2023240 was introduced in
Rajya Sabha. It replaces the 1898 Act and aims to simplify the legislative
framework to facilitate evolution of India Post into a citizen-centric network.
The Act provides that wherever the Central Government establishes
posts, it will have the exclusive privilege of conveying letters by
post, as well as incidental services such as receiving, collecting,
sending,300 and delivering letters. The Bill does not provide
for such privileges. The Act provides for the issuance of postage
stamps as per the prescribed Rules. The Bill also states that India
Post will have the exclusive privilege over issuing postage stamps. The
Act specifies the services provided by India Post to include delivery of postal
articles including letters, postcards, and360 parcels, and money orders.
The Bill provides that India Post will provide services, as may be
prescribed by the Central Government.
The Act, as well as the Bill, provides for the appointment
of the Director General of Postal Services. Under400 the Act, the Director General has
powers to decide the time and manner of delivery of postal services.
The Bill provides that the Director General may make regulations
regarding any activity necessary to provide postal services. He may
also make regulations regarding charges for services, and supply and sale
of postage stamps and postal stationery.
The Act allows interception of an article being transmitted
through post on certain grounds. An interception may be carried
out on the occurrence of any480 public emergency, or in the interest of public safety or tranquillity.
Such interceptions may be carried out by the Central500 Government, state governments, or
any officer specially authorised by them. An intercepted shipment can be
detained or disposed of by the officer in charge. The officer also has
powers to open, detain, or destroy shipments carrying items prohibited under
the Act or any other law. The Bill instead provides that interception of an
article being transmitted through post may be carried out on the grounds of
security of the state, friendly relations with foreign states, public
order, emergency, public safety,600 or contravention of the provisions of the Bill or any
other laws. An officer empowered by the Central Government through a notification
may carry out interception.
Under the Act, an officer in charge may examine a postal article
if he suspects that it contains goods which are prohibited, or are liable to be
paid duty upon. The Bill removes the powers of examination. It
instead provides that in such cases, the Central Government may empower
an officer of India Post to deliver the postal article to the customs authority
or any other specified authority. The authority will then deal with
the700 item in question. The Act exempts the government from any
liability related to the loss, wrong delivery, delay, or720 damage to a postal article.
This does not apply where the liability is undertaken by the Central Government
in express terms. Officers are also exempt from such liability unless
they have acted fraudulently or wilfully. The Bill retains
these exemptions. It also provides that the Central Government may
prescribe liability with regard to services by India Post under the
Rules. The Act specified various offences and penalties, all of which were
removed by the Jan Vishwas (Amendment of Provisions) Act, 800 2023. For instance,
theft, misappropriation, or destruction of postal articles by an officer
of the Post Office was punishable with imprisonment up to seven years and a
fine. Sending certain prohibited items through post was punishable with840 imprisonment up to one year, a
fine, or both. The Bill does not provide for any offences or
consequences, except one. Amounts not paid by a user will be recoverable
as arrears of land revenue.
Currently, there are distinct
frameworks for regulation of similar postal services by public and
private sectors. The Indian Post Office Act, 1898 establishes900
monopoly of the Central Government over conveying letters. Private
courier services are currently not regulated under any specific legislation.
This leads to certain key differences. For instance, the 1898 Act
provides a framework for interception of articles transmitted through India
Post. There is no such provision for private courier services.
Another key difference is in the application of960
the consumer protection framework. The 1898 Act exempts the government
from liability for any lapses in the services, except where such liability is
undertaken in express terms. The Consumer Protection Act, 2019 does not
apply to1000 services by India Post, but it
applies to private courier services. The Post Office Bill, 2023, seeking
to replace the 1898 Act, retains these provisions.1030
