Mauritius
Postal Services Act
Act 34 of 2002
- Commenced on 31 March 2003
- [This is the version of this document at 30 June 2017.]
Part I – Preliminary
1. Short title
This Act may be cited as the Postal Services Act.2. Interpretation
In this Act—"ancillary services" means such services additional to the activities of the post as may be prescribed;"article" includes documents, goods and merchandise committed to and accepted by a licensee for conveyance through a courier service;"authorised officer" means an officer designated as such under section 10;"Authority" means the Postal Authority established under section 4;"courier service" means an individualized and time-sensitive service for accepting, conveying and distributing documents and goods on a door-to-door basis;"dead letter" means any postal packet which may be prohibited, undeliverable, refused by the addressee or unclaimed;"enforcement officer" means a public officer empowered by an enactment to investigate into, enquire into or prosecute an offence;"foreign parcel" means a parcel—(a)posted in Mauritius for delivery abroad;(b)posted abroad for delivery in Mauritius; or(c)transiting in Mauritius;"franking machine" means a machine which records prepayment of postage;"ICT Appeal Tribunal" means the Information and Communication Technologies Appeal Tribunal established under section 36 of the Information and Communication Technologies Act;"ICT Authority" means the Information and Communication Technologies Authority established under section 4 of the Information and Communication Technologies Act;"letter" means any communication in the nature of a private correspondence;"licensee" means the holder of a licence issued under this Act;"Mauritius Post Limited" means the Company incorporated to act as operator of the Postal Service under the Post Office (Transfer of Undertaking) Act;"Minister" means the Minister to whom responsibility for the subject of postal service is assigned;"post" means the logistics for the collection, sorting, dispatch, conveyance and delivery of postal packets;"post office" means any place from where postal service is offered;"postage" means the fee chargeable for the delivery of services by post;"postage stamp" means any label or stamp for denoting any postage or other sum payable in respect of a postal packet and includes any adhesive postage stamp or printed stamp impressed or otherwise indicated on a postal packet, whether the postage stamp is issued under this Act, or by an appropriate authority of another country;"postal packet" includes a letter, postcard, printed paper, newspaper, parcel, sample, book, packet, or article committed to, and accepted by, a licensee for conveyance by post;"postal service" means the service offered to people at large for the collection, conveyance, distribution, and delivery of postal packets;"Postal Service Fund" means a fund into which—(a)contributions received from licensees under section 16 are deposited;(b)monies from an unclaimed money fund account under section 24 are credited; and(c)any disbursement as may be made by the Authority for the provision of the universal service is created;"posting box" means any box or receptacle put at the disposal of the public for purposes of posting;"unclaimed money fund account" means an account opened under section 24 by a licensee into which all monies found in dead letters are credited;"universal service" means a courier or postal service which is reasonably accessible and affordable to any person within the State on an equitable basis;3. Application of Act
Part II – The Postal Authority
4. Postal Authority
5. Powers of Authority
6. Functions of Authority
The functions of the Authority in relation to this Act shall be to—7. Powers of Minister
The Minister may, in relation to the exercise by the Authority of its functions, give the Authority such general directions, not inconsistent with this Act, as appear to the Minister to be requisite in the public interest, and the Authority shall comply with such directions.Part III – Licensing provisions
8. Licences
9. Applications for licences
Every application to obtain, renew or vary a licence shall be made in writing to the Authority and shall—10. Determination of application
11. Decision of Authority
12. Duration of licences
13. Display of licence
Every licensee shall display his licence at a conspicuous place at his registered office and a copy thereof at each place of business.14. Cancellation, revocation, and variation of licences
15. Appeals
16. Duties of licensees
A licensee shall—17. Powers and limitations of licensees
18. Liability of licensees
Where there is loss of, or damage to, any article enclosed in or forming part of a parcel or an insured postal article, or loss of any registered postal article while in the custody of a licensee, the licensee shall pay an indemnity in accordance with the provisions of the Convention regulating the affairs of the Universal Postal Union or any international agreement to which Mauritius is a party.19. Conveyance and delivery
20. Tariff
21. Franking machines
22. Confidentiality
23. Codes of conduct, best practices and uniform standards
24. Dead letters
Part IV – Offences
25. Operation of services without licence
Any person who operates or causes to operate a postal, courier or ancillary service without a licence or with an expired licence shall commit an offence.26. Opening or detaining postal packets
Any officer of the postal service who, except in pursuance of any enactment or in obedience to an express warrant in writing from the Authority,—27. Stealing
Any person who—28. Fraudulent retention
Any person who fraudulently opens, retains, wilfully secretes, keeps, or detains, or, when required by any officer of the postal service, neglects or refuses to deliver up—29. Criminal diversion of postal packets or articles
30. Damaging posting boxes
Any person who—31. Obstruction of licensees
32. Sending indecent articles by post
Any person who sends by post any indecent, obscene article or any postal packet comprising or containing any words, marks, or designs of an indecent, obscene, seditious, scurrilous, threatening or grossly offensive character shall commit an offence.Part V – Postage stamps
33. Provision of postage stamps
34. Fraudulent manufacture and use of postage stamps
35. Fraud in use of postage stamps
Part VI – Miscellaneous
36. Penalties
37. Protection from liability
No liability shall be attached to the State or the Authority in respect of any action, claim or demand by any person in consequence of any damage arising from anything done or omitted to be done by a licensee.38. Regulations
39. ***
40. Transitional provisions
41. ***
History of this document
30 June 2017 this version
Consolidation
31 March 2003
Commenced