2008 Supreme(AP) 332
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
NOOTY RAMAMOHANA RAO, J.
Balamani - Appellant
Versus
Senior Superintendent of Post , Offices, Hyderabad City Division, Hyderabad and others - Respondents
WP No.26453 of 2007
Decided On : May 21, 2008
Headnote:(A) Post Office Act, 1898 – Section 9 – Law Journal is a newspaper and entitled to benefit of postage concession. (Para 9, 10)
(B) Post Office Rules, 1993 – Rule 30 – Even a solicitation seeking donation, is liable to be understand as one form of advertisement indulged in by Publisher. (Para 14)
2. The respondents 1 and 2 that their action is contrary to law, no meaningful process has emerged therefrom. Hence, this writ petition.
3. Right at the outset, it is relevant to notice some of the importance provisions of Indian Post Office Act, 1898, Act No.6 of 1898, henceforth referred to as 'Act'. In Section 2, various expressions reflected in the Act have been defined. The expression "postal article" has been defined in Section 2(i) as inclusive of a•letter, postcard, newspaper, book, pattern or sample packet, parcel and every article or thing transmissible by post. Thus, a very wide and sweeping definition has been accorded to the expression "postal article". Under Section 4 exclusive privilege has been reserved to the Central Government for conveying letters. Section 7 of the Act is a charging provision, which enables the Central Government to fix the rates of postage and other sums to be charged in respect of postal articles sent by Inland Post.
4. In Section 2
(b) the expression "inland" used in relation to a postal article, rneans-
(i) posted in India and addressed to any place in India or to any place for which a Post Office is established by the. Central Government beyond the limits of India; or
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Similarly, the expression “postage” is defined in Section 2(f) as;
"The duty chargeable for the transmission by post of postal articles".
5. Power has also been conferred to make rules as to the scale of weights, term and condition subject to which the rates so fixed shall be charged. Section 8 enabled the Central Government by rule to require the pre-payment of postage on Inland Postal articles or any class of inland postal articles and prescribe the manner in which such pre-payment shall be made. Section 9 enables the Central Government to make rules providing for the registration of newspapers for transmission by inland post as registered newspapers. Section 9, since will have a bearing upon the issue at hand, reads as under :
9. Power to make as to registered newspaper. – (1) The Central Government may make rules providing for the registration of newspaper 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 –
(a) That it is published in numbers at intervals of not more than thirty one days; and
(b) That it has a bona fide list of subscribers.
By providing for registration of a certain class of newspaper for inland transmission purposes, the statute sought to confer certain concessions of postage on such newspapers.
6. Sub-section (2) of Section 9indicates that every publication, consisting wholly or in great part of (1) political or (2) other news, or (3) carrying articles relating thereto, or (4) to other current topics with or without advertisements, is to be deemed to be a newspaper. An analysis of this provision, therefore, makes it clear that the publication need not necessarily consist wholly or in great part of political news or articles relating thereto or other current political topics. It is enough even if the publication deals with wholly or in great part about (1) news other than political news or (2) if it contains articles relating to current topics. Section 9 has therefore is of a wide import and it need not hence, be confined in its width and amplitude to such publications which had political news, as much of its content. If the publication deals with current topics of interest and conveys news, it is liable to be con