Ministry of Communications
The Post Office Cash Certificates Act, 1917, is a concise piece of legislation that regulates the transfer of Post Office 5-year Cash Certificates and provides a framework for the payment of these certificates when the holder has passed away. This Act was enacted to address specific issues related to these certificates, ensuring that transfers are properly authorized and that payments are made to the rightful claimants in the event of the certificate holder’s death. The Act is a part of India’s financial and postal laws, focusing on specific types of Post Office Certificates.
Act Background and Ministry:
The Post Office Cash Certificates Act, 1917, was enacted during the British colonial rule in India. It was primarily designed to regulate the transfer and payment of Post Office 5-year Cash Certificates. The Act falls under the purview of the then-existing legislative council of India, which was under the British administration. Currently, the subject matter of the Act would fall under the domain of the Ministry of Communications or the equivalent ministry dealing with postal services and financial instruments in the central government of India.
Enactment Date, Number of Chapters, Number of Sections:
The Act was enacted on September 19, 1917. It is structured into 3 sections and has no formal chapters.
Act Governed By:
The Act is primarily governed by the provisions of the Act itself, along with the relevant provisions of the Government Savings Banks Act, 1873. The implementation of the Act involves various officials of the Post Office, including the Post Master General.
On Whom it is Applicable:
The Act is applicable to all holders of Post Office 5-year Cash Certificates and their successors. It also applies to officers of the Post Office responsible for the administration of these certificates.
Penalties/Punishments:
The Act does not specify penalties or punishments for non-compliance. Instead, it focuses on establishing clear procedures for the transfer and payment of certificates.
Important Pointers:
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Restriction on Transfers: The Act prohibits the transfer of Post Office 5-year Cash Certificates without the prior written consent of an authorized officer of the Post Office.
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Definition of Transfer: The Act defines “transfer” as a transfer inter vivos and excludes transfers by operation of law.
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Payment to Deceased Holders: The Act provides for the payment of certificates standing in the name of deceased persons, applying the provisions of the Government Savings Banks Act, 1873.
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Post Master General’s Authority: The Act empowers the Post Master General to exercise the powers of the Secretary of a Government Savings Bank in relation to the payment of these certificates.
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Payment at Maturity: The Act clarifies that no person is required to accept payment of the amount due on a Post Office 5-year Cash Certificate before it has reached maturity.
Act Copy: