Post Office Act 2023

Reference

The new Post Office Act came into force from 18 June 2024, replacing the 125-year-old Indian Post Office Act of 1898. It was passed by the Rajya Sabha and Lok Sabha in December 2023 itself.

Objective

• Streamlining the delivery of citizen-centric services and extending government benefits to the most remote areas of the country.
• This helps India's legislative framework for postal services and stamp duties and improves the quality of life.

Why was there a need to repeal the 1898 Act?

• The Indian Post Office Act, 1898 was enacted with the objective of regulating the functioning of the post office in India, mainly relating to the mail services provided through the post office.
• Over time, the services available through post offices have diversified beyond postal services and the post office network has become a vehicle for delivery of a variety of citizen centric services.
• Due to the above reasons it became necessary to repeal the said Act and make a new law in its place.

Key provisions of the Post Office Act, 2023

• Special powers: Section 9 of the Act gives the Central Government the power to “stop, open or seize any postal article” on the following grounds if;
  • Be against the integrity and security of the state,
  • affects friendly relations with foreign States,
  • affects public order,
  • there is a state of emergency,
  • Violates public safety or other laws.
  • In addition, the postal officer may hand over any postal article to the customs authorities if the postal officer suspects that they contain any prohibited items or if such items are liable for duty.
• Prohibition on sending mail in specific cases: According to Section 19(1) no person can send the following items by post:
  • Any explosives,
  • Dangerous, Dirty or harmful substances,
  • Any sharp instrument that is not properly protected,
  • Any living creature which is harmful or likely to cause damage to postal articles
• Exemption from liability: Section 10 of the Act exempts the post office and its officers “from any liability on account of any loss, wrong delivery, delay or damage caused in the course of any service provided by the post office,” except such liability as may be prescribed.
  • Significantly, the Act of 1898 also exempted the Government from liability for any default in the postal service except where such responsibility was expressly assumed.
• Abolition of penalties and offences: The present Act abolishes all penalties and offences under the 1898 Act.
  • For example, offences committed by post office officials such as misconduct, fraud and theft etc. have been completely removed.
• Recovery of due amount: Every person who avails of any service provided by the post office shall be liable to pay charges in respect of such service.
  • If anyone refuses or neglects to pay the fee for availing a service provided by the post office, such amount shall be recoverable from them "as if it were an arrear of land revenue payable".
• Abolition of Centre’s exclusivity: The Act has removed Section 4 of the 1898 Act, which gave the Centre the exclusive privilege of transmitting all letters by post from one place to another.
  • However, this exclusivity had effectively ended by the 1980s with the rise of private courier services.
  • This Act regulates private courier services by bringing them within its ambit for the first time.

Criticism of the Post Office Act 2023

• Violation of Fundamental Rights: The Act does not specify procedural safeguards for prevention of articles transmitted through Indian Post.
  • In fact, the lack of security measures may violate the freedom of speech and expression and the right to privacy of individuals.
• Repeal of offences and penalties provisions: The Act does not specify any offences and penalties.
  • For example, there are no consequences for unauthorized opening of postal articles by a postal official, which may adversely affect consumers' right to privacy.
• Deviation from constitutional restrictions: Grounds for detention include 'emergency', which may go beyond reasonable restrictions under the Constitution.
• Conflict of interest in fixation of liability: The Act exempts India Post from liability for defaults in postal services.
  • However, responsibilities may be determined through regulations by the Central Government, which also administers the Indian Post.
  • This may lead to a conflict of interest.