1An Act to consolidate and amend the Law relating to the Post Office. WHEREAS it is expedient to consolidate and amend the law relating to the Post Office; It is hereby enacted as follows:-
(1) This Act may be called the Post Office Act, 1898.
(2) It extends to the whole of Bangladesh and applies to all citizens of Bangladesh and persons in the service of Government wherever they may be.
(3) It shall come into force on the first day of July, 1898.
In this Act, unless there is anything repugnant in the subject or context,–
Provided that the expression “inland” shall not apply to any class of postal articles which may be specified in this behalf by the Government by notification in the official Gazette, when posted in or at or addressed to any places or post offices which may be described in such notification:
For the purposes of this Act,-
(1) Wherever within Bangladesh posts or postal communications are established by the Government, the Government shall have the exclusive privilege of conveying by post, from one place to another, all letters, except in the following cases, and shall also have the exclusive privilege of performing all the incidental services of receiving, collecting, sending, dispatching and delivering all letters, except in the following cases, that is to say,–
Provided that nothing in the section shall authorise any person to make collection of letters accepted as aforesaid for the purpose of sending them otherwise than by post.
6(2) For the purposes of this section and section 5, the expression “Letters” includes post cards, any message printed or manuscript, a cover containing private or official or any type of correspondence etc.(2) The Post Office, for the public interest and development of the postal services, may-
(3) The Director General may, with the prior approval of the Government, by notification in the official Gazette, fix appropriate commission, fees or charges for appointing agents under clause (b) or for renting out post office premises, counters, facilities etc. under clause (c) of sub-section (2) and also fix rates, tariffs, fees etc. for the services provided by the agents.
Explanation : For the purpose of this section “Universal Postal Service” means the basic postal services which the Government has pledged to guarantee all segments of the population on a continuing basis, with a specific, standard of quality at an affordable price.
(2) Where the Licensing Authority is satisfied that the provisions of this Act and the rules made there under have been complied with, it shall grant a license to the applicant.
(3) If it is found that the applicant has not complied with the provisions of the Act and the rules made there under, Licensing Authority may refuse to grant license applied for and inform the applicant in writing within thirty days of its refusal.
(4) Notwithstanding anything contained in this section, any person or company who has already been operating the business of Mailing Operator or Courier Service shall apply to the Licensing Authority for license within three months from the date of constitution of the Licensing Authority under section 4C of this Act.
Explanation : For the purpose of this section-
(2) The Authority mentioned in sub-section (1) shall consist of three members of whom one shall be appointed as chairman by the Government.
(3) The Government may, by rule,-
Provided that in the case of cancellation of any license, the licensee shall be served with a show cause notice of fifteen days and be given a reasonable opportunity of being heard.
(2) Any person being aggrieved by the order of the Licensing Authority under sub-section (1) may apply to the government for reviewing the impugned order within thirty days from the date of the order and the decision of the government shall be final.
Wherever within Bangladesh posts or postal communications are established by the Government, the following persons are expressly forbidden to collect, carry, tender or deliver letters, or to receive letters for the purpose of carrying or delivering them, although they obtain no hire, reward or other profit or advantage for so doing, that is to say:–
The Government shall not incur any liability by reason of the loss, misdelivery or delay of, or damage to, any postal article in course of transmission by post, except in so far as such liability may in express terms be undertaken by the Government as hereinafter provided; and no officer of the Post Office shall incur any liability by reason of any such loss, misdelivery, delay or damage, unless he has caused the same fraudulently or by his wilful act or default.
(1) The Government may, by notification in the official Gazette, fix the rates of postage and other sums to be charged in respect of postal articles sent by the inland post under this Act, and may make rules as to the scale of weights, terms and conditions subject to which the rates so fixed shall be charged:
Provided that the highest rate of postage, when prepaid, shall not exceed the rate set forth for each class of postal articles in the first schedule.
(2) Unless and until such notification as aforesaid is issued, the rates set forth in the said schedule shall be the rates chargeable under this Act.
(3) The Government may, by notification in the official Gazette, declare what packets may be sent by the inland post as book, pattern and sample packets within the meaning of this Act.
The Government may, by rule,–
Explanation– “Express delivery” means delivery by a special messenger or conveyance.
(1) The Government may make rules providing for the registration of newspapers for transmission by inland post as registered newspapers.
(2) For the purpose of such registration, every publication, consisting wholly or in great part of political or other news, or of articles relating thereto, or to other current topics, with or without advertisements, shall be deemed a newspaper, subject to the following conditions, namely:–
(3) An extra or supplement to a newspaper, bearing the same date as the newspaper and transmitted therewith, shall be deemed to be part of the newspaper:
Provided that no such extra or supplement shall be so deemed unless it consists wholly or in great part of matter like that of the newspaper and has the title and date of publication of the newspaper printed at the top of each page.
Explanation–Nothing in this section or in the rules thereunder shall be construed to render it compulsory to send newspapers by the inland post.
(1) Where arrangements are in force with 11any foreign country, for the transmission by post of postal articles between Bangladesh and 12such country the Government may, in conformity with the provisions of such arrangements, declare what postage rates and other sums shall be charged in respect of such postal articles, and may make rules as to the scale of weight, terms and conditions subject to which the rates so declared shall be charged.
(2) Unless and until such declaration as aforesaid is made, the existing rates and regulations shall continue in force.
(1) The addressee of a postal article on which postage or any other sum chargeable under this Act is due, shall be bound to pay the postage or sum so chargeable on his accepting delivery of the postal article, unless he forthwith returns it unopened:
Provided that, if any such postal article appears to the satisfaction of the Postmaster General to have been maliciously sent for the purpose of annoying the addressee, he may remit the postage.
(2) If any postal article on which postage or any other sum chargeable under this Act is due, is refused or returned as aforesaid, or if the addressee is dead or cannot be found, then the sender shall be bound to pay the postage or sum due thereon under this Act.
If any person refuses to pay any postage or other sum due from him under this Act in respect of any postal article, the sum so due may, on application made by an officer of the Post Office authorized in this behalf by the written order of the Postmaster General, be recovered for the use of the Post Office from the person so refusing, as if it were a fine imposed under this Act by any Magistrate having jurisdiction where that person may for the time being be resident; and the Postmaster General may further direct that any other postal article, not being on Bangladesh State service, addressed to that person shall be withheld from him until the sum so due is paid or recovered as aforesaid.
When a postal article, on which any duty of customs is payable, has been received by post from any place beyond the limits of Bangladesh and the duty has been paid by the postal authorities at any customs-port or elsewhere, the amount of the duty shall be recoverable as if it were postage due under this Act.
In every proceeding for the recovery of any postage or other sum alleged to be due under this Act in respect of a postal article,–
The official mark on a postal article denoting that any postage or other sum is due in respect thereof to the Post Office of Bangladesh or to the Post Office of 13any foreign country, shall be prima facie evidence that the sum demoted as aforesaid is so due.
(1) The Government shall cause postage stamps to be provided of such kinds and denoting such values as it may think necessary for the purposes of this Act.
(2) The Government may make rules as to the supply, sale and use of postage stamps.
(3) In particular and without prejudice to the generality of the foregoing power, such rules may,–
(1) Postage stamps provided under section 16 shall be deemed to be stamps issued by Government for the purpose of revenue within the meaning of the Penal Code, and, subject to the other provisions of this Act, shall be used for the prepayment of postage or other sums chargeable under this Act in respect of postal articles, accept where the Government directs that prepayment shall be made in some other way.
(2) Where the Government has directed that prepayment of postage or other sums chargeable under this Act in respect of postal articles may be made by prepaying the value denoted by the impressions of stamping machines issued under its authority, the impression of any such machine shall likewise be deemed to be a stamp issued by Government for the purpose of revenue, within the meaning of the Penal Code.
(1) The Government may, by rule, provide for the redelivery to the sender, or delivery to another addressee at the request of the sender without reference to the consent of the addressee and subject to such conditions (if any) as may be deemed fit, of any postal article in course of transmission by post.
(2) Save as provided by any rules that may be made under sub-section (1), the sender shall not be entitled to recall a postal article in course of transmission by post or to ask for its delivery to another addressee.
(1) Except as otherwise provided by rule and subject to such conditions as may be prescribed thereby, no person shall send by post any explosive, dangerous, filthy noxious or deleterious substance, any sharp instrument not properly protected, or any living creature which is either noxious or likely to injure postal articles in course of transmission by post or any officer of the Post Office.
(2) No person shall send by post any article or thing which is likely to injure postal articles in course of transmission by post or any officer of the Post Office.
No person shall send by post,–
(1) The Government may make rules as to the transmission of articles by post.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may,–
(3) Postal articles shall be posted and delivered at such times and in such manner as the Director General may, by order, from time to time appoint.
(1) Where the dispatch or delivery from a post office of letters would be delayed by the dispatch or delivery therefrom at the same time of book, pattern or sample packets and parcels or any of them, such packets or parcels, or any of them, may subject to such rules as the Government may make in this behalf, be detained in the Post Office so long as may be necessary.
(2) Where separate parcel posts are established, parcels may be forwarded and conveyed by them, being detained, if necessary, in the Post Office for that purpose.
(1) Any postal article sent by post in contravention of any of the provisions of this Act may be detained and either returned to the sender or forwarded to destination, in each case charged with such additional postage (if any) as the Government may, by rule, direct.
(2) Any officer in charge of a post office or authorized by the Post Master General in this behalf may open or unfasten any newspaper or any book, pattern or sample packet, in course of transmission by post, which he suspects to have been sent by post in contravention of section 20, clause (a) or of section 21 or of any of the provisions of this Act relating to postage.
(3) Notwithstanding anything in sub-section (1),–
Except as otherwise provided in this Act, where a postal article suspected to contain any goods of which the import by post or the transmission by post is prohibited by or under any enactment for the time being in force, or anything liable to duty, is received for delivery at a post office, the officer in charge of the post office shall send a notice in writing to the addressee inviting him to attend, either in person or by agent, within a specified time at the post office, and shall in the presence of the addressee or his agent, or if the addressee or his agent fails to attend as aforesaid then in his absence, open and examine the postal article:
Provided, first, that, if the Director General so directs in the case of any post office or class of post offices, the officer in charge of the post office shall call in two respectable persons as witnesses before he opens a postal article in the absence of the addressee or his agent:
Provided, secondly, that in all cases a postal article, after being opened under this section, shall be delivered to the addressee, unless it is required for the purpose of any further proceeding under this or any other law or enactment for the time being in force, and that the opening of the postal article and the circumstances connected herewith shall be immediately reported to the Post Master General.
Where a notification has been published under 17section 16 of the Customs Act, 1969 in respect of any goods of any specified description, or where the import or export into or from Bangladesh of goods of any specified description has been prohibited or restricted by or under any other enactment for the time being in force, any officer of the Post Office empowered in this behalf by the Government may search, or cause search to be made, for any such goods in course of trans mission by post, and shall deliver all postal articles reasonably believed or found to contain such goods to such officer as the Government may appoint in this behalf, and such goods may be disposed of in such manner as the Government may direct. In carrying out any such search, such officer of the Post Office may open or unfasten, or cause to be opened or unfastened, any newspaper or any book, pattern or sample packet in course of transmission by post.
(1) On the occurrence of any public emergency, or in the interest of the public safety or tranquillity, the Government 18 * or any officer specially authorized in this behalf by 19it, may, by order in writing, direct that any postal article or class or description of postal articles in course of transmission by post shall be intercepted or detained, or shall be disposed of in such manner as the authority issuing the order may direct.
(2) If any doubt arises as to the existence of a public emergency, or as to whether any act done under sub-section (1) was in the interest of the public safety or tranquillity, a certificate of the Government 20 * shall be conclusive proof on the point.
Every application made under the second proviso to sub-section (3) of section 27B shall be heard and determined in the manner provided by section 99D to 99F of the Code of Criminal Procedure, 1898, by a Special Bench of the 23High Court Division constituted in the manner provided by section 99C of that Code.
No order passed or action taken under section 27B shall be called in question in any Court otherwise than in accordance with the second proviso to sub-section (3) of that section.]
(1) Where a postal article is received by post from any place beyond the limits of Bangladesh–
the officer in charge of the post office at which the postal article is received, shall send a notice to the addressee inviting him to attend, either in person or by agent, within a specified time at the post office to receive delivery of the postal article.
(2) If the addressee or his agent attends at the post office within the time specified in the notice and consents to make known to the officer in charge of the post office the name and address of the sender of the postal article and to redeliver to the officer aforesaid the portion of the postal article which bears the address and the fictitious or previously used postage stamp, or, if the postal article is inseparable from the stamp, the entire postal article, the postal article shall be delivered to the addressee or his agent.
(3) If the addressee or his agent fails to attend at the post office within the time specified in the notice, or, having attended within that time, refuses to make known the name and address of the sender or to redeliver the postal article or portion thereof as required by sub-section (2), the postal article shall not be delivered to him, but shall be disposed of in such manner as the Government may direct.
Explanation– For the purposes of this section, the expression “postage stamp” includes any postage stamp for denoting any rate or duty of postage of any 24 foreign country and the impression of any stamping machine provided or authorized for the like purpose by or under the authority of the Government of such 25 country.
(1) Any officer of the Post Office authorized by the Post Master General in this behalf may detain any postal article in course of transmission by post which he suspects to contain –
containing any treasonable or seditious matter, that is to say, any matter the publications of which is punishable under section 123A or section 124A, as the case may be, of the Penal Code; or
and shall deliver any postal article so detained to such officer as the Government may appoint in this behalf.
(2) Any officer detaining any postal article under the provisions of sub-section (1) shall forthwith send by post to the addressee of such article notice of the fact of such detention.
(3) The Government shall cause the contents of any postal article detained under sub-section (1) to be examined, and if it appears to the Government that the article contained any newspaper, book or other document, of the nature described in clause (a) or clause (b) of sub-section (1), may pass such orders as to the disposal of the article and its contents as it may deem proper, and, if it does not so appear, shall release the article and its contents, unless the same be otherwise liable to seizure under any law for the time being in force:
Provided that any person interested in any article detained under the provisions of clause (a) of sub-section (1) may, within two months from the date of such detention, apply to the Government for release of the same, and the Government shall consider such application and pass such orders thereon as it may deem to be proper:
Provided also that, if such application is rejected, the applicant may, within two months from the date of the order rejecting the application, apply to the 28High Court Division for release of the article and its contents on the ground that the article did not contain any newspaper, book or other document containing any treasonable or seditious matter.
(4) In this section “document” includes also any painting, drawing or photograph, or other visible representation.
The sender of a postal article may, subject to the other provisions of this Act, have the article registered at the post office at which it is posted, and require a receipt therefore; and the Government may, by notification in the official Gazette, direct that, in addition to any postage chargeable under this Act, such further fee as may be fixed by the notification shall be paid on account of the registration of postal articles.
(1) The Government may make rules as to the registration of postal articles.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may,–
(3) Postal articles made over to the Post Office for the purpose of being registered shall be delivered, when registered, at such times and in such manner as the Director General may, by order, from time to time appoint.
The Government may, by notification in the official Gazette, direct,–
The Government may, by notification in the official Gazette, declare in what cases insurance shall be required, and direct that any postal article containing anything required to be insured, which has been posted without being insured, shall be returned to the sender or shall be delivered to the addressee, subject to the payment of such special fee as may be fixed by the notification:
Provided that the levy of such special fee as aforesaid shall not impose any liability upon the Government in respect of the postal article.
(1) The Government may make rules as to the insurance of postal articles.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may,–
(3) Postal articles made over to the Post Office for the purpose of being insured shall be delivered, when insured, at such places and times and in such manner as the Director General may, by order, from time to time appoint.
Subject to such conditions and restrictions as the Government may, by rule, prescribe, Government shall be liable to pay compensation, not exceeding the amount for which a postal article has been insured, to the sender thereof for the loss of the postal article or its contents, or for any damage caused to it in course of transmission by post:
Provided that the compensation so payable shall in no case exceed the value of the article lost or the amount of the damage caused.
The Government may, by notification in the official Gazette, direct that, subject to the other provisions of this Act and to the payment of fees at such rates as may be fixed by the notification, 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:
Provided that the Government shall not incur any liability in respect of the sum specified for recovery, unless and until that sum has been received from the addressee.
Explanation– Postal articles sent in accordance with the provisions of this section may be described as “value-payable” postal articles.
(1) The Government may make rules as to the transmission by post of value-payable postal articles.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may,–
(3) Postal articles shall be made over to the Post Office for the purpose of being sent as “value-payable” and shall be delivered, when so sent, at such times and in such manner as the Director General may, by order, from time to time appoint.
(4) No suit or other legal proceeding shall be instituted against the Government, or any officer of the Post Office in respect of anything done, or in good faith purporting to be done, under any rule made under clause (e) of sub-section (2).
(1) Where arrangements are in force with 29any foreign country, for the transmission by post of registered, insured or value-payable postal articles between Bangladesh and 30such country, the Government may make rules to give effect to such arrangements.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe–
(1) The Government may make rules as to the disposal of postal articles which for any reason cannot be delivered (hereinafter referred to as “undelivered postal articles”).
(2) In particular and without prejudice to the generality of the foregoing power, such rules may,–
(3) Every undelivered postal article, after being detained at a post office for the period prescribed by rule under the foregoing provisions of this section, shall be either forwarded, free of further charge, to the post office at which it was posted, for return to the sender, or sent to the office of the Post Master General.
(1) Every postal article received at the office of the Post Master General under sub-section (3) of section 37 shall be dealt with as follows:-
(2) If the name and address of the sender are so ascertained, it shall be returned by post to the sender, free of further charge or subject to such further charge as the Government may, by rule, direct.
Undelivered postal articles which cannot be disposed of under the foregoing provisions, shall be detained in the office of the Post Master General for such further period (if any), and shall be dealt with in such manner, as the Government may, by rule, direct:
Provided that–
The master of a ship, not being a mail ship, about to depart from any port in Bangladesh to any port within, or any port or place beyond, Bangladesh shall receive on board any mail bag tendered to him by any officer of the Post Office for conveyance, granting a receipt therefor in such form as the Government may, by rule, prescribe, and shall, without delay, deliver the same at the port or place of destination.
(1) The master of a ship arriving at any port in Bangladesh shall, without delay, cause every postal article or mail bag on board which is directed to that port and is within the exclusive privilege conferred on the Government by section 4, to be delivered either at the post office at that port or to some officer of the Post Office authorized in this behalf by the Post Master General.
(2) If there is on board any postal article or mail bag which is directed to any other place within Bangladesh and is within the exclusive privilege aforesaid, the master shall, without delay, report the fact to the officer in charge of the post office at the port of arrival and act according to the directions he may receive from such officer, and the receipt of such officer shall discharge him from all further responsibility in respect of the postal article or mail bag.
The Government may, by notification in the official Gazette, declare what gratuities shall be allowed to masters of ships, not being mail ships, in respect of postal articles received by them for conveyance on behalf of the Post Office ; and the master of a ship, not being a mail ship, about to leave any port in Bangladesh as aforesaid shall, if he receives on board a mail bag for conveyance, be entitled to demand and obtain immediately the amount of the gratuity payable under this section in respect of the mail bag and its contents.
(1) The Government may provide for the remitting of small sums of money through the Post Office by means of money orders, and may make rules as to such money orders.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe,–
(1) Subject to such conditions as the Government may, by rules made under section 43, prescribe in respect of the levy of additional rates of commission or fees or any other matters, a person remitting money through the Post Office by means of a money order may require that the amount of the order if not paid to the payee be repaid to him or be paid to such person other than the original payee as he may direct.
(2) If neither the payee nor the remitter of a money order can be found and if within the period of one year from the date of the issue of the order no claim is made by such payee or remitter, the amount of such order shall not be claimable from the Government.
The Government may authorize the issue in such form as may be suitable of money orders to be called postal orders or by such other designation as may be deemed appropriate for certain fixed amounts and may make rules as to the rates of commission to be charged thereon and the manner in which and conditions subject to which they may issued paid and cancelled:
Provided that no such order shall be issued for an amount in excess of 31Fifty Taka.
(1) Where arrangements are in force with 32any foreign country for the issue and payment through the Post Office of money orders between Bangladesh and 33such country, the Government may make rules to give effect to such arrangements.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe,–
If any person, without reasonable excuse, the burden of proving which shall lie on him, neglects or refuses to refund–
such amount shall be recoverable by an officer of the Post Office authorized by the Post Master General in this behalf from the person so neglecting or refusing as if it were an arrear of land-revenue due from him.
No suit or other legal proceeding shall be instituted against the Government or any officer of the Post Office in respect of–
Whoever, being employed to carry or deliver any mail bag or any postal article in course of transmission by post,–
shall be punishable with fine which may extend to 34five hundred taka.
Whoever, being employed to carry or deliver any mail bag or any postal article in course of transmission by post, voluntarily withdraws from the duties of his office without permission or without having given one month's previous notice in writing, shall be punishable with imprisonment which may extend to one month, or with fine which may extend to 35five hundred taka or with both.
Whoever, being employed to carry or deliver any postal article in course of transmission by post and required while so employed to keep any register, makes, or causes or suffers to be made, any false entry in the register with intent to induce the belief that he has visited a place, or delivered a postal article, which he has not visited or delivered, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to 36one thousand taka or with both.
Whoever, being an officer of the Post Office, commits theft in respect of, or dishonestly misappropriates, or, for any purpose whatsoever, secretes, destroys or throws away, any postal article in course of transmission by post or anything contained therein, shall be punishable with imprisonment for a term which may extend to seven years, and shall also be punishable with fine.
Whoever, being an officer of the Post Office, contrary to his duty, opens, or causes or suffers to be opened, any postal article in course of transmission by post, or wilfully detains or delays, or causes or suffers to be detained or delayed, any such postal article, shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both:
Provided that nothing in this section shall extend to the opening, detaining or delaying of any postal article under the authority of this Act or in obedience to the order in writing of the Government or the direction of a competent Court.
Whoever, being an officer of the Post Office,–
respect of the postage thereof which is not chargeable under this Act,
shall be punishable with imprisonment for a term which may extend to two years, and shall also be punishable with fine.
Whoever, being an officer of the Post Office entrusted with the preparing or keeping of any document, fraudulently prepares the document incorrectly, or alters or secretes or destroys the document, shall be punishable with imprisonment for a term which may extend to two years, and shall also be punishable with fine.
Whoever, being an officer of the Post Office, sends by post, or puts into any mail bag, any postal article upon which postage has not been paid or charged in the manner prescribed by this Act, intending thereby to defraud the Government of the postage on such postal article, shall be punishable with imprisonment for a term which may extend to two years, and shall also be punishable with fine.
[Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
(2) Whoever, having already been convicted of an offence under this section, is again convicted thereunder, shall, on every such subsequent conviction, be punishable with fine which may extend to taka two lakhs.
(1) Whoever, in contravention of the provisions of section 5, carries, receives, tenders or delivers letters, or collects letters, shall be punishable with fine which may extend to 38five hundred taka for every such letter.
(2) Whoever, having already been convicted of an offence under this section, is again convicted thereunder, shall, on every such subsequent conviction, be punishable with fine which may extend to 39five thousand taka.
Whoever, being appointed to sell postage stamps,–
(1) Whoever, in contravention of the provisions of section 19 or section 20, sends or tenders or makes over in order to be sent by post any postal article or anything, shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
(2) The detention in the Post Office of any postal article on the ground of its having been sent in contravention of the provisions of section 19 or section 20, shall not exempt the sender from any proceedings which might have been taken if the postal article had been delivered in due course of post.
Whoever places in or against any letter-box provided by the Post Office for the reception of postal articles any fire, match or light, any explosive, dangerous, filthy, noxious or deleterious substance, or any fluid, or commits a nuisance in any such letter-box or its appurtenances or contents, shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
Whoever, without due authority, affixes any placard, advertisement, notice, list, document, board or other thing in or on, or paints, tars or in any way disfigures any post office or any letter-box provided by the Post Office for the reception of postal articles, shall be punishable with fine which may extend to 42five hundred taka.
Whoever, being required by this Act to make a declaration in respect of any postal article to be sent by post or the contents or value thereof, makes in his declaration any statement which he knows, or has reason to believe, to be false, or does not believe to be true, shall be punishable with fine which may extend to 43two thousand Taka, and, if the false declaration is made for the purpose of defrauding the Government, with fine which may extend to 44five thousand taka.
Whoever, being the master of a ship,–
shall be punishable with fine which may extend to 45ten thousand Taka.
(1) Whoever, being the master of a ship or the pilot of an aircraft arriving at any port in Bangladesh or any one on board such ship or aircraft, knowingly has in his baggage or in his possession or custody, after the postal articles on board or any of them have been sent to the post office at the port of arrival, any postal article within the exclusive privilege conferred on the Government by section 4, shall be punishable with fine which may extend to 46five hundred taka for every such postal article as aforesaid.
(2) Whoever, being such master, pilot or other person as aforesaid, detains any such postal article as aforesaid after demand made for it by an officer of the Post Office, shall be punishable with fine which may extend to 47one thousand taka for every such postal article.
Whoever, except under the authority of this Act or of any other Act for the time being in force or in obedience to the order in writing of the Government or the direction of a competent Court, detains the mail or any postal article in course of transmission by post, or on any pretence opens a mail bag in course of transmission by post, shall be punishable with fine which may extend to 48two thousand taka:
Provided that nothing in this section shall prevent the detention of an officer of the Post Office carrying the mails or any postal article in course of transmission by post, on a charge of having committed an offence declared to be cognizable by the Code of Criminal Procedure, 1898, or any other law for the time being in force.
Whoever fraudulently retains, or wilfully secretes or makes away with, or keeps or detains, or, when required by an officer of the Post Office, neglects or refuses to deliver up, any postal article in course of transmission by post which ought to have been delivered to any other person, or a mail bag containing a postal article, shall be punishable with imprisonment for a term which may extend to two years, and shall also be punishable with fine.
Whoever, not being an officer of the Post Office, wilfully and maliciously, with intent to injure any person, either opens or causes to be opened any letter which ought to have been delivered, or does any act whereby the due delivery of a letter to any person is prevented or impeded, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to 49five thousand Taka, or with both:
Provided that nothing in this section shall apply to a person who does any act to which the section applies, if he is a parent, or in the position of a parent or guardian, of the addressee, and the addressee is a minor or a ward.
Whoever abets the commission of any offence punishable under this Act or attempts to commit any offence so punishable, shall be punishable with the punishment provided for that offence.
In every prosecution for an offence in respect of a mail bag or of any postal article sent by post, it shall be sufficient, for the purpose of the charge, to describe the mail bag or postal article as being the property of the Post Office, and it shall not be necessary to prove that the mail bag or postal article was of any value.
. 72. No Court shall take cognizance of an offence punishable under any of the provisions of sections 51, 53, 54, clauses (a) and (b), 55, 56, 58, 59, 61, 64, 65, 66 and 67 of this Act, unless upon complaint made by order of, or under authority from, the Director General or a Post Master General.
[Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
(1) In addition to the powers hereinbefore conferred, the Government may make rules to carry out any of the purposes and objects of this Act.
(2) In making any rule under this Act, the Government may direct that a breach of it shall be punishable with fine which may extend to 50one thousand taka.
(3) All rules made by the Government under this Act shall be published in the official Gazette and, on such publication, shall have effect as if enacted by this Act.
The Government may, by notification in the official Gazette authorize, either absolutely or subject to conditions, the Director General to exercise any of the powers conferred upon the Government by this Act, other than a power to make rules.
[Repealed by section 3 and Schedule II of the Repealing and Amending Act, 1914 (Act No. X of 1914).]
[Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]