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Post Office Act - Post Office Regulations

LAWS OF TUVALU
2008 Revised Edition

POST OFFICE REGULATIONS

CAP. 32.04.2

Arrangement of Regulations

Regulation

PART I - GENERAL

1 Citation
2 Hours of attendance
3 Postal charges
4 Dimensions and weights
5 Suitable packing
6 Irregular enclosure

PART II - REGISTRATION

7 Packets to be handed to officer
8 To be prepaid
9 Compulsory registration
10 Number of packets and receipts
11 Receipt on delivery
12 Delivery through private box

PART III - DELIVERY OF POSTAL PACKETS

13 To whom delivery may be made
14 Redirection

PART IV - UNDELIVERED POSTAL PACKETS

15 Undelivered postal packets
16 Disposal of undelivered packets
17 Final disposal

PART V – FRANKING

Franking of postal packets

PART VI - DUTIES OF OFFICERS OF POST OFFICE

19 Information regarding postal packets
20 Declaration to be made by officers on appointment

SCHEDULE 1

POSTAL CHARGES

SCHEDULE 2

DECLARATION

Supporting Documents

ENDNOTES

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POST OFFICE REGULATIONS

MADE UNDER SECTION 36 OF THE POST OFFICE ACT¹

Commencement [1st January 1978]

PART I – GENERAL

1 Citation

These Regulations may be cited as the Post Office Regulations.

2 Hours of attendance

The hours during which post offices shall be open for the conduct of various classes of public business shall be as determined and notified by the Postmaster.

3 Postal charges

The rates of postage payable for the transmission of postal packets through the post and the supplementary fees in connection therewith shall be as set forth in Schedule 1.

4 Dimensions and weights

The dimensions, make-up and weights of packets transmitted through the post shall conform to the provisions of the Universal Postal Union Convention in that regard and no postal packet shall exceed such limits of weight or dimensions except with the express authority of the Postmaster obtained prior to transmission

5 Suitable packing

The contents of every postal packet shall be packed and secured by the sender in such a manner as may afford adequate protection to the contents thereof and to other postal packets.

6 Irregular enclosure

No postal packet directed to one address may contain any other packet addressed to a different address. Any postal packet found to contain any enclosure contrary to this regulation shall be surcharged on delivery with an amount equal to double the postage which would have been payable upon such enclosure if it had been transmitted separately.

PART II - REGISTRATION

7 Packets to be handed to officer

Postal packets for registration shall be handed in at a post office to an officer thereof during such hours as may be notified and shall not be posted in any posting box.

8 To be prepaid

Postal packets for registration shall be fully prepaid at the time of handing in for transmission to the place of destination.

9 Compulsory registration

(1) Every postal packet containing coins, banknotes, currency notes, negotiable instruments payable to bearer, platinum, gold, silver, manufactured or not, precious stones or jewels and like valuable articles shall be registered.

(2) Any unregistered postal packet known to contain an article specified in paragraph (1), or any packet posted otherwise than in accordance with regulation 7 and which bears any inscription which may reasonably be assumed to indicate it was the intention of the sender that it should be registered, shall be liable to compulsory registration and shall be subject on delivery to payment of the registration fee, specified in Schedule 1, together with the fee for underpayment of postage so specified.

10 Number of packets and receipts

Every postal packet duly handed in for registration shall be given a distinctive number. A receipt bearing such number, the address of the relative packet and an impression of the date stamp of the office at which the packet is handed in for registration shall be given to the sender by the receiving officer and such receipt shall be prima facie evidence of the registration of such packet.

11 Receipt on delivery

Any person to whom any registered postal packet is delivered shall give to the officer delivering it a receipt for the same on a form to be prescribed by the Postmaster, which receipt shall be a good discharge for the delivery of such registered packet.

12 Delivery through private box

To effect delivery of a registered postal packet through a private post office box, an advice bearing the registered number and the address of such registered packet shall be placed in such box and the presentation at the proper post office of the said advice shall be a sufficient warrant for the delivery of such registered packet to the applicant.

PART III - DELIVERY OF POSTAL PACKETS

13 To whom delivery may be made

No postal packet shall be delivered to any person other than —

(a) the addressee in person;

• (b) unless the addressee has given a direction in writing to the contrary a member of the addressees family living in the same house; or

• (c) a person authorised by written order from the addressee to receive delivery of postal packets on his behalf; such order shall bear the date on which it is made and the addressees address and shall be witnessed by some person other than the person in whose favour it is made and shall be delivered to the officer in charge or other proper officer;

• (d) in the case of business establishments, public institutions, hotels and lodging houses, the proprietor or manager or some person authorised in writing by the proprietor or manager to receive delivery of the correspondence at such places; or

• (e) a person to whose care the postal packet is addressed.
  

14 Redirection

(1) Any person may make application to the officer in charge of the post office through which postal packets addressed to him are delivered to have postal packets addressed to him redirected to another address.

(2) Where such application has been received the officer in charge of the post office may, for a period of 3 months, redirect all postal packets addressed to the applicant to the address furnished without payment of additional postage save in the case of postal packets required to be redirected by air mail and overseas parcels.

PART IV - UNDELIVERED POSTAL PACKETS

15 Undelivered postal packets

Any postal packet, which by reason of want of a proper address or from inability to find the person to whom it is addressed or for any other reason is in the opinion of the officer in charge of the post office, undeliverable and in respect of which no application for redirection made pursuant to regulation 14 is in force shall be marked "return to sender" and endorsed as the case may be with the words "not known", "refused", "gone away", "deceased" or other appropriate expression.

16 Disposal of undelivered packets

(1) Every postal packet marked "return to sender" in accordance with the provisions of the preceding regulation shall be forwarded to the Postmaster to be dealt with in accordance with regulation 17.

(2) Postal packets marked by the sender to be held for the addressee to call or "poste restante" shall be held at the post office of delivery for a period of 1 month and, if not collected within that time, shall be marked "not claimed" and forwarded to the Postmaster to be dealt with in accordance with regulation 17:

Provided that postal packets to be held for the addressee to call originally posted outside Tuvalu shall be held for a period of 2 months before being forwarded.

17 Final disposal

(1) Subject to paragraph (3) all postal packets remaining undelivered shall be disposed of in the following manner —

(a) a postal packet from a place beyond Tuvalu shall be returned unopened to the country of origin;

(b) a postal packet originally posted within Tuvalu shall be returned to the writer or sender thereof and in order to ascertain such address any such postal packet may be opened by an officer of the post office:

Provided that a parcel returned under this or the preceding subparagraph and for which no request for abandonment has been made shall be returned at the expense of the sender;

• (c) a postal packet which cannot be delivered either to the addressee or to the writer or sender thereof may unless it contains coin or valuable or saleable articles, be destroyed by an officer of the post office;

• (d) a postal packet found to contain coin or any valuable or saleable article shall be safely kept and a memorandum of such contents shall be made and preserved for 3 months at the end of which time the coin shall be paid to the general revenue and the valuable or saleable article may be destroyed or sold as the Postmaster may direct and if sold, the proceeds thereof shall be paid into the general revenue.
  

(2) Before an undelivered postal packet on which postal charges have become due is returned to the sender such postal charges shall be paid by the sender.

(3) Printed papers of no value shall not be returned to the country of origin or to the sender unless the return has been asked for by means of a note on the cover.

PART V – FRANKING

18 Franking of postal packets

(1) No person shall frank postal packets for free transmission by post unless he has been duly authorised to do so by the competent authority and such authorisation has been communicated to the Postmaster.

(2) Postal packets for free transmission shall be franked for transmission by post either by means of a franking stamp approved by the Postmaster and bearing the designation of the department or office from which it is posted and the words "Official Paid" or shall bear the signature of the sender followed by his official designation at the bottom left-hand corner of the envelope or cover.

(3) Every person authorised to use a franking stamp shall be responsible for its proper use and custody according to these Regulations.

(4) Persons authorised to frank postal packets under paragraph (1) shall also be entitled to receive without prepayment of postage, letters and other documents addressed to them in their official capacity and superscribed "On Her Majesty's Service" or "On Government Service":

Provided such articles are on Government service and not on the private business or in the personal interest of the sender.

PART VI - DUTIES OF OFFICERS OF POST OFFICE

19 Information regarding postal packets

An officer of the post office shall not give information respecting postal packets passing through a post office except to the sender or the addressee or as may otherwise be required in the case of his duty, and in no other way shall information of a private character which comes to his knowledge in the course of his duty be made public.

20 Declaration to be made by officers on appointment

Every officer of the post office shall upon his being appointed as such make and subscribe before the Postmaster a declaration in the form contained in Schedule 2.

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SCHEDULE 12
(Regulation 3)

POSTAL CHARGES

__________________

SCHEDULE 2
(Regulation 20)

DECLARATION

I, AB. do declare that I will not disclose to any other person any information whatsoever of a private character which may come to my knowledge in the performance of my post office duties. I understand that to do so would be a serious breach of my responsibility as an officer of the post office and could lead to my dismissal. I further understand that it is a criminal offence for any officer of the post office to open or delay any postal packet in course of transmission by post except as provided for in the Post Office Act and Post Office Regulations

.....................................................
Signature

Declared before me at ..............................this ..........day of ................................20 .......

.....................................................
Postmaster.

ENDNOTES
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1 LN 7/1978, LN 26/1983 Amended by LN 3/1995 commencement 10/3/1995
2 Inserted by LN 3/1995