The Post Office of India and Its StoryClarke, Geoffrey
History
The Post Office of India and Its Story
Clarke, Geoffrey
Postal service -- India
Needless to say, the Post Office Act of 1866 was quite unsuited to
modern needs, and Act VI of 1898 was framed to deal with the new
requirements of postal work. The 1866 Act was amended by Act III of
1882, which authorized any officer of the Post Office empowered in this
behalf by the Governor-General in Council to search for newspapers
regarding which a notification had been published under the Sea Customs
Act. By Act III of 1895 powers were provided in accordance with the
general policy of the Postal Union for dealing with fictitious or
previously used postage stamps of other countries found on articles
received from abroad, and by Act XVI of 1896 the Post Office was
authorized to collect Customs duty paid in advance in the same manner
as postage under the Act.
Act VI of 1898 is to a great extent an Enabling Act which reserves
to Government the power of dealing by rule with numerous questions
of postal practice and procedure affecting the public. For the first
time legal recognition was given to registered newspapers, and the
Governor-General in Council was empowered to make rules for their
registration in the offices of Postmasters-General. The acceptance of
the official marks of the Post Office on postal articles as prima facie
evidence that they have been refused, that the addressee cannot be
found, or that any sum is due on them, was a principle taken from the
English Law.
Section 20 of the Act was quite new and prohibits the sending by
post of indecent or obscene articles, and the tendency of the age is
shown by the first mention in this clause of the word "sedition" in
connection with postal articles. "Articles having thereon or on the
cover thereof any words, marks or designs of an indecent, obscene,
seditious, defamatory or grossly offensive character" were prohibited
from being sent by post. The wording of this section is interesting
owing to the difficulty of interpreting the meaning of the word
"thereon"; it would almost seem that the framers of the Act wished to
wrap this clause in ambiguity. In Section 22 the important principle
of the English Law is laid down that the Post Office is not bound to
send parcels and packets along with the letter mail, but may detain
them as long as is necessary. By Section 25 special power is given to
search for goods notified under the Sea Customs Act, and in Section
26, the Public Emergency section, "The Governor-General in Council,
or a Local Government, or any officer specially authorized in this
behalf by the Governor-General in Council, may, by an 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." Had the framers of this Act any idea of the extent to which
this power would have to be used they might have expressed themselves
in greater detail.[6] Sections 30 to 36 and 43 to 48 of the Act deal
with the power of the Governor-General in Council to make rules for
Public-domain text, read in full here on John Shaqi.
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