Report No. 38
108. Section 34 and V.P.P. articles.-
As regards V.P.P. articles, under section 34 of the Indian Act, the Central Government may direct that, subject to certain provisions a sum of money specified in writing at the time of posting by the sender of a postal article "shall be recoverable on the delivery thereof from the addressee, and that the sum so recovered shall be paid to the sender." There is, however, a proviso that the Central Government shall not incur liability in respect of the sum specified for recovery unless and until that sum has been received from the addressee.
Though the proviso is expressed in rather wide terms, the cases already cited1 would show, that if the post office delivers an article with out realizing the price of the V.P.P. it is liable to the sender for the value of the article. In view of this interpretation, the question arises whether the proviso requires any modification. Recovery of the price is a condition precedent to delivery, and if the post office does not carry out the condition which is meant to protect the sender, it is just and fair that the sender should not suffer damage. This principle, applied by the courts, should find a place in the proviso to section 34. We recommend that the provision should be modified accordingly2.
1. Para. 24, supra.
2. This may also necessitate modification of rule 102, India Post Office Rules, 1933.
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