Report No. 38

112. Section 46-Money Order to foreign countries.-

(a) In a previous Report1 of the Law Commission, a recommendation was made to the effect, that if an arrangement has been made between the U.K. and India for the transmission of money orders, under the Post Office Act, 1908, prima facie an appropriate provision might be included in our Post Office Act to obviate the necessity of referring to the English statute. (The English Act, section 87, provided, that when arrangements have been made between the U.K. and any other country for the transmission of money orders, the provisions of the statute would be applicable to such money orders as far as is consistent with the tenor thereof2).

(b) Reference may be made, in this connection, to section 46 of our Post Office Act, under which, when arrangements have been made with any foreign country (including the U.K. or any British possession) for the issue and payment of money orders, the Central Government has power to make rules to give effect to such arrangements. There is also a general power to make rules under section 74, for carrying out any of the purposes and objects of the Act. Rules on the subject would, therefore, suffice, and an actual amendment of the Act is not strongly required.

The relevant provision in the latest U.K. Act on the subject-the Post Office Act, 1953-is section 24, under which, when an arrangement is made with the Government or postal administration of any other country for the transmission of small sums through Post Offices under the charge of the Postmaster-General and the postal administration of other countries by means of money orders, then sections 20 to 23 of the Act (containing detailed provisions as to money orders) shall, so far as is consistent with the tenor thereof, apply as they apply to British money orders.

No amendment of our Act is, therefore, required.

1. Fifth Report (British Statutes applicable to India.

2. See now, section 24, Post Office Act, 1953 (English Act).