CHAPTER II - PRIVILEGE AND PROTECTION OF THE GOVERNMENT

THE INDIAN POST OFFICE ACT, 1898

PRIVILEGE AND PROTECTION OF THE GOVERNMENT

 

  1. Exclusive privilege of conveying letters reserved to the Government.- (1) Wherever within India posts or postal communications are established by the Central Government, the Central Government shall have the exclusive privilege of conveying by post, from one place to another, all letters except in the following cases, and shall also have the exclusive privilege of performing all the incidental services of receiving, collecting, sending, desptaching and delivering all letters, except in the following cases that is to say:-

 

  1. letters sent by a private friend in his way, journey or travel, to be delivered by him to the person to whom they are directed, without hire, reward or other profit or advantages for receiving, carrying or delivering them;

 

  1. letters solely concerning the affairs of the sender or receiver thereof, sent by a messenger on purpose; and

 

  1. letters solely concerning goods or property sent either by sea or by land to be delivered with the goods or property which the letters concern, without hire, reward or other profit or advantage for receiving, carrying or delivering them:

 

Provided that nothing in this section shall authorize any person to make a collection of letters excepted as aforesaid for the purpose of sending them otherwise than by post.

 

(2) For the purposes of this Section and Section-5, the expression “letters” includes Postcards.

 

  1. Certain persons expressly forbidden to convey letter. - Wherever within (India) posts or postal communications are established by the Central Government, the following persons are

expressly forbidden to collect, carry, tender or deliver letters, or to receive letters for the purpose of carrying or delivering them, although they obtain no hire, reward or other profit or advantage for so doing, that is to say:-

 

  1. common carriers of passengers or goods, and their servants or agents, except as regards letters solely concerning goods in their carts or carriages; and

 

  1. owners and masters of vessels sailing or passing on any river or canal in [India], or between any ports or places in [India] and their servants or agents, except as regards letters solely concerning goods on board, and except as regards postal articles received for conveyance under Chapter VIII.

 

  1. Exemption from liability for loss, misdelivery, delay or damage.- The [Government] shall not incur any liability by reason of the loss, misdelivery or delay of, or damage to, any postal article in course of transmission by post, except in so far as such liability may in express terms be undertaken by the Central Government as hereinafter provided; and no officer of the Post Office shall incur any liability by reason of any such loss, misdelivery, delay or damage, unless he has caused the same fraudulently or by his willful act or default.