4. Exclusive privilege of conveying letters reserved to the Government.—(1) Wherever
within 3
[India] posts or postal communications are established by the Central Government, the Central
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:—
1. Ins. by Act 14 of 1914, s. 3.
2. Clause (l) omitted by Act 25 of 1950, s. 11 and the Fourth Schedule. Earlier was added by the A.O. 1950.
3. Subs. by Act 25 of 1950, s. 11 and the Fourth Schedule, for “the States”.
6
(a) letters sent by a private friend in his way, journey or travel, to be delivered by him to the
person to whom they are directed, without hire, reward or other profit or advantages for receiving,
carrying or delivering them;
(b) letters solely concerning the affairs of the sender or receiver thereof, sent by a messenger on
purpose; and
(c) letters solely concerning goods or property, sent either by sea or by land to be delivered with
the goods or property which the letters concern, without hire, reward or other profit or advantage for
receiving, carrying or delivering them:
Provided that nothing in this section shall authorise any person to make a collection of letters expected as
aforesaid for the purpose of sending them otherwise than by post.
(2) For the purposes of this section and section 5, the expression “letters” includes postcards.
5. Certain persons expressly forbidden to convey letters.—Wherever within 1
[India] posts or
postal communications are established by the Central Government, the following persons are expressly
forbidden to collect, carry, tenderer 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:—
(a) common carriers of passengers or goods, and their servants or agents, except as regards letters
solely concerning goods in their carts or carriages; and
(b) owners and masters of vessels sailing or passing on any river or canal in 1
[India], or between
any ports or places in 1
[India], and their servants or agents, except as regards letters solely concerning
goods on board, and except as regards postal articles received for conveyance under Chapter VIII.
6. Exemption from liability for loss, misdelivery, delay or damage.—The 2
[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 by undertaken by the
Central 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 willful act or default.