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Postal Manual Vol. VIII - India Post

Postal Manual Vol. VIII - India Post

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Act, may be opened and destroyed. If, however, only a part of the contents of the postal article is<br />

of nature the transmission of which is prohibited under section 19 of the Act, the article may be<br />

disposed of under the ordinary rules after destroying only that portion of the contents which is<br />

prohibited. He may, however, with the written consent of the sender, but not otherwise, authorise<br />

the sale of the contents of a leaky parcel and the remittance of the sale-proceeds to the sender. The<br />

Head of the Circle will record an order in each case showing clearly his reasons for authorising the<br />

opening or destruction of any such postal article.<br />

Note – Leaky and perishable articles are “deleterious” and “likely to injure postal articles in course<br />

of transmission by post” within the meaning of section 19 of the <strong>Post</strong> Office Act.<br />

(2) The Head of a Circle is also empowered to direct that the under mentioned postal articles shall<br />

be disposed of as stated below :-<br />

(a) Any article found to bear words, marks, or designs or a seditious character, shall be made over<br />

for disposal to the Provincial Criminal Intelligence Department.<br />

(b)Any article found to contain anything indecent or obscene, or to have on its outside – whether on<br />

the article itself, as in the case of a newspaper, or on its cover – words, marks, or designs of an indecent,<br />

obscene, securilous, threatening, or grossly offensive character, shall be destroyed or be otherwise dealt<br />

with in such manner as the Head of the Circle may direct.<br />

(c) Any article found to contain –<br />

(i) ticket, proposal or advertisement relating to a lottery, or<br />

(ii) any other matter descriptive of, or otherwise relating to a lottery which is calculated to act as an<br />

inducement to persons to participate in that lottery shall be destroyed.<br />

Explanation. – ‘Lottery’ does not include a lottery organised or authorised by the Government.<br />

This power should be exercised only when the article has reached the Returned Letter Office and<br />

the reasons for ordering the destruction of an article should be recorded in writing. As regards<br />

indecent or obscene article, only those articles as to the indecency or obscenity of which there can<br />

be no possible doubt, should be ordered to be destroyed : all other such articles should be<br />

forwarded to the Director-General for orders. In the case of a lottery, where the Head of the Circle<br />

has the slightest doubt, whether the matter contained is actually a ticket, or a proposal etc. or not,<br />

he should consult the law officers of the State or refer the case to the Director-General; if<br />

considered necessary.<br />

69. Disposal of articles with prohibited contents. – (1) On receiving information from the<br />

Manager of the Returned Letter Office, that a postal article received in that office has been found<br />

to contain intoxicating drugs, the transmission of which by post is prohibited, the Head of the<br />

circle should, after satisfying himself as to the correctness of the report, issue orders for the article,<br />

with all its contents, to be made over to the nearest Excise Officer for the adoption of such further<br />

proceedings as may be deemed proper.<br />

(2) If an article has been found to contain anything else, the transmission of which by post<br />

is prohibited, the Head of the Circle, on receiving a report from the Returned Letter Office or from<br />

the post office concerned, should issue orders as to the action to be taken, after enquiry, if<br />

necessary, of the civil authorities.<br />

EXPLANATION.- This rule applies only to cases in which it is known for certain that the<br />

contents of the postal article are prohibited.<br />

70. Complaints relating to v.p. articles sent dishonestly or fraudulently. – If a<br />

complaint is made by the addressee immediately after the receipt of a v.p. article that it was sent<br />

dishonestly or fraudulently, the Head of the Circle may (a) withhold the payment to the sender of

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