Post Office Bill, 2023
Post Office Bill, 2023
GS-2: POLITY (UPSC/ State PSCs)
Why in news:
The Government of India has recently passed the Post Office Bill, 2023 to bring significant changes in the way post offices function,125 years after the enactment of the current Act, the India Post Office Act, 1898.
- This bill, introduced in the Rajya Sabha on August 10, 2023, was passed by the Rajya Sabha on December 4, 2023 and by the Lok Sabha on December 18, 2023.
Post Office Bill, 2023
- This bill has been addressed as the Public Trust (Amendment of Provisions) Act, 2023.
Indian Government's Argument:
- The current Act is 125 years old and has been in place since the colonial period. To improve and coordinate the changing business functions and nature of post offices, amendment in the India Post Office Act, 1898 is inevitable.
- It aims to simplify the legislative framework to facilitate the development of India Post into a citizen-centric service network.
- Major amendments in the new Bill include powers to stop, open or detain parcels suspected to be carrying illegal goods in the interest of national security.
Highlights of the Bill:
- This bill refers to the Post Office as the exclusive entity for issuing postage stamps.
- New rules have been added for payment of duties and recovery of unpaid amounts.
- India Post will not incur any liability in respect of its services, except those prescribed through rules.
- This bill allows stopping of postal articles on the grounds of 'emergency'.
- This Bill provides that any article transmitted through post can be stopped on the following grounds: (i) security of the State, (ii) friendly relations with foreign States, (iii) public order, (iv) emergency, (v) public safety, or (vi) violation of the provisions of the Bill or any other law.
- This Bill provides for the appointment of the Director General of Postal Services.
- The Director General is empowered to decide the time and manner of delivery of postal services.
- He may make rules regarding charges for postal services, and the supply and sale of postal stamps and postal stationery.
- Powers to intercept postal articles may be exercised by the Central Government, State Governments or any officer specially authorized by them.
Significance:
- The Bill exempts the Post Office and its officials from liability for loss, delay or damage caused in the course of their services.
- This Bill replaces the Indian Post Office Act, 1898 and regulates India Post, a departmental undertaking of the Central Government.
- The Government of India may control any suspicious article circulated through India Post for the purpose of maintaining the security of the State and public order.
Concerns related to the Bill:
- The Bill does not specify procedural safeguards for prevention of articles transmitted through India Post. Therefore, lack of security measures may lead to violation of freedom of speech and expression and right to privacy of individuals.
- The Bill includes 'emergency' as a ground for detention, which may go beyond reasonable restrictions under the Constitution.
- This bill exempts India Post from liability for defaults in postal services. Accountability may be determined through regulations by the Central Government, which also administers India Post. This may lead to conflict of interest.
- The bill does not mention any crime and punishment. For example, there are no consequences for unauthorized opening of postal articles by a postal officer. This may adversely affect the privacy rights of consumers.
Indian Post Office Act, 1898
- Postal services come under the Union List of the Constitution. Therefore the Indian Post Office Act, 1898 currently regulates the postal services provided by the Central Government.
- It provides special privileges on communication of letters to the Central Government. Postal services are provided through India Post, a departmental undertaking.
- This Act specifies the services to be provided by Indian Post, including: (i) delivery of postal articles including letters, postcards and parcels, and (ii) money orders.
- Amendments were made in this Act in the years 1986, 2002, 2006 and 2011 which could not be implemented.
- In 2017, the Act was amended to transfer the power to set tariffs from Parliament to the central government.
- This Act does not apply to private courier services.
- The Consumer Protection Act, 2019 does not apply to the services of India Post, but it does apply to private courier services.
- Under this Act, illegal opening of postal articles by a postal officer is punishable with imprisonment of up to two years, fine or both.
Indian Post Office (Amendment) Bill, 1986
- In the year 1986, this bill was passed by both the houses of the Parliament.
- In December 1986, the then President Giani Zail Singh neither agreed to this bill nor returned it. The bill was tabled in Parliament until he left office in July 1987. Later, President Venkataraman returned it to Parliament for reconsideration in January 1990, and the bill was withdrawn by the Vajpayee government in 2002.
Financial position of India Post
- Currently, India Post has been incurring continuous losses, which are covered by the Consolidated Fund of India.
Way forward:
- In the case of telecommunications interception, a fair and reasonable procedure must be in place to regulate the strength of the interception. Otherwise, it is not possible to protect the rights of citizens under Article 19(1)(a) (freedom of speech and expression) and Article 21 (right to privacy as a part of the right to life and liberty).
- To address this, a number of security measures should be mandated, including:
- Establishing the need for interception,
- Limiting the validity of blocking orders,
- Authorization by high-ranking officials, and
- Interception orders examined by a review committee headed by senior government officials.
- The provisions of the Consumer Protection Act, 2019 should be applied to postal services provided by the government.
- The responsibilities of India Post in respect of the service provided by India Post should be determined.
- Provision should be made for the establishment of a tribunal to settle complaints of deficiencies in postal services.
Conclusion:
The Post Office Bill 2023 is an important step towards modernizing the functioning of the Indian Post Office. The Bill enhances the efficiency, security and relevance of the Post Office in the digital age by addressing contemporary postal services and empowering the Director General and the Central Government to regulate and manage various aspects.
Source: THE HINDU
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Mains Question
Discuss various aspects related to the Post Office Bill, 2023. Explain how this Bill is different from the existing Indian Post Office Act, 1898?