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Civil Law

Post Office Bill, 2023

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 05-Dec-2023

SourceThe Hindu

Introduction

Recently, the Rajya Sabha has passed the Post Office Bill, 2023 with the aim of replacing the Indian Post Office Act, 1898 that currently governs the postal services in India.

  • The Bill has been introduced for the effective functioning of the Postal Department as a messenger service and as a provider of banking facilities.

What is the Indian Post Office Act, 1898?

    • An Act to consolidate and amend the law relating to the Post Offices in India.
    • It provides for the regulation of the postal services offered by the central government.
    • It grants the Central government exclusive privilege over conveying of letters and establishes monopoly of the Central government over conveying letters
    • It came into force on 1st July 1898.

    What are the Highlights of the Post Office Bill, 2023?

    • This Bill grants the Director General of Postal Services the authority to make regulations pertaining to activities essential for offering various additional services as may be prescribed by the central government, as well as for fixing charges for these services.
    • It strengthens the postal department by providing the necessary flexibility to determine and change the prices of its services in a highly competitive sector. Such power will enable the postal department to promptly meet market demands.
    • The bill professes that the Central Government, may, by notification, empower any officer to cause any item in course of transmission by the Post Office to be intercepted, opened or detained in the interest of the security of the State, friendly relations with foreign states, public order, emergency, or public safety or upon the occurrence of any contravention of any of the provisions of this Act.
    • It includes a broader provision that aims to prevent smuggling and the illegal transmission of drugs and prohibited items via postal packages.
    • Section 5 Sub-section 1 of the Bill states that the Central Government may prescribe standards for addressing on the items, address identifiers and usage of postcodes.
    • It offers guidelines to the Central Government regarding item addressing standards, address identification, and the usage of postal codes.
    • The bill does not contain the punishment for theft, misappropriation or destruction of postal articles by an officer of the Post Office which was part of original Act.
    • It only contains one penalty under Section 7 which states that every person who avails a service provided by the Post Office shall be liable to pay the charges in respect of such service.
    • If any person refuses or neglects to pay the charges, then such an amount shall be recoverable as if it were arrears of land revenue due from him.

    What are the Key Issues of Post Office Bill, 2023?

    • The Bill does not specify procedural safeguards for interception of articles transmitted through India Post. Lack of safeguards may violate freedom of speech and expression, and the right to privacy of individuals.
    • The grounds for interception include emergencies, which may be beyond reasonable restrictions.
    • The Bill exempts India Post from liability for lapses in postal services. This may have adverse implications for the right to privacy of consumers.
    • The Bill does not have any provision under which other courier service entities will get themselves registered under the Central Government which could have made them accountable.

    Conclusion

    This Bill represents a major step toward modernizing India’s postal services to align with contemporary needs. It will act as a strong legal framework consistent with the developments in this era of mobile phones and Artificial Intelligence and will also contribute to national security. The Government would be able to courier parcels through drones once the geo-spatial code’s implementation succeeds after the enactment of the bill.