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Report No. 38

5. Rules and notifications.-

(a) An examination of the detailed provisions of the Act would reveal, that while the general principles are given in the Act, the Act contemplates rules to be made on a number of important matters.1

(b) Besides rules proper, there are a number of subjects on which notifications and orders can be issued; for example, fixation of rates of inland postage2, declaration of rates of foreign postage3, notification regarding delivery of articles to Customs authorities4, authorisation of officers to search postal articles transmitted in violation of the Customs Act5, notification of fees for registration6, notification regarding insurance of postal articles and compulsory insurance7, notification regarding value-payable articles8, notification regarding gratuities payable for conveyance of postal articles by ships9, notification authorising remission of sums by money orders10, authorising the issue of postal order11 and delegation of powers12.

(c) In addition to general orders and notifications the Act also contemplated a number of special orders by the Government. Thus, in emergency or in the interest of public safety or tranquility, the Government may direct that a. postal article shall be intercepted or detained or otherwise disposed of in the specified manner13.

(d) The range of the powers to make rules and orders so conferred is, thus, wide enough. This is understandable in view of the nature of the Act. The business of the Post Office is varied and multifarious. Details of its administration cannot be covered fully in an Act. The Department being concerned with international communications also, it may not always be possible to lay down rigid provisions on matters having international aspects. Further, geographical, economic and other relevant factors go on changing from time to time, and some elasticity has to be ensured for the smooth working of the Act. It is for these reasons that the Act seems to leave a wide discretion to the executive to make provisions on the various matters.

1. See, for example, sections 8, 9, 16, 18, 19, 21, 22, 23, 29, 32, 33, 35, 36, 37, 39, 40, 43, 44, 46, 73 and 74.

2. Section 7.

3. Section 10.

4. Section 24A.

5. Section 25.

6. Section 28.

7. Sections 30 and 31.

8. Section 34.

9. Section 42.

10. Section 43(1), earlier para.

11. Section 45.

12. Section 75.

13. Section 26.

Indian Post Office Act, 1898 Back

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