PART 6: OFFENCES

Division 1: General Provisions

Definition - Employee

  • In this Part, unless the context otherwise requires, “employee” shall include, in relation to the corporation, any Director, employee, agent , contractor, franchisee or any other person authorized to supply goods or services to or on behalf of corporation .

 

Jurisdiction of Courts

 

  • Unless otherwise specified under this or another Act, a Court shall have jurisdiction over offices in the Act.

 

Powers of Authorized Employees

  • Employees authorized in writing by the Managing Director or by an employee delegated under subsection 32 for this purpose shall have the power to open and examine letters in accordance with the provisions of this Act.

 

Offences by Bodies Corporate

  • A body corporate, its managers and any officers or employees responsible for the commission of an offence under this Act shall be jointly and severally liable to punishment to the full extent of any penalty specified under this Act or under another Act for an offence in connection with postal services.

 

Aiding, Abetting, Conspiring or Attempting to Commit an Offence

  • A person shall not aid, abet, conspire or attempt to commit an offence under this or any Act in connection with postal services.

 

Maximum Penalty: 3 years imprisonment or equivalent fine

Division 2: Revenue Offences

Forgery – General Provisions

  • A person shall not:

 

  • forge a postage stamp;

 

  • knowingly possess, sell, use or attempt to use forged stamps;

 

  • knowingly possess any of the means of production of postage stamps, including paper used for the printing of postage stamps;

 

  • reproduce postage stamps without the written approval of the corporation.

Maximum penalty: 5 years imprisonment or equivalent fine plus the repayment to the corporation for any financial loss to it or the equivalent further term of imprisonment.

Forgery – Extent of Prohibitions

 

  • The prohibitions in section 97 extend to:

 

  • the postage stamps of any country ;

 

  • all stamps issues, past and current;

 

  • Money order and other valuable postal stationery as if they were postage stamps.

 

 

Other Revenue Offences

 

  • A person shall not:

 

  • re-use postage stamps with intended to defraud;

 

  • remove a postage stamp from a postage article;

 

  • remove a cancellation mark from a postage stamp or knowingly possess such a stamp;

 

  • evade the due postage on any article posted by him;

 

  • sell a postage stamp below its face or retail price except that the corporation may sell a postage stamp to one of its authorized agents at a price below its face or retail value;

 

  • misappropriate or steal any money of the corporation, including money held by the corporation as a trustee or agent;

 

  • pay money of the corporation that has not been properly authorized in accordance with section 65.

 

Maximum penalty: 5 years imprisonment or equivalent fine plus the repayment to the corporation for any financial loss to it or the equivalent further term of imprisonment.

Revenue Offences by Employees

 

  • An employee shall not:

 

  • demand or accept postage or any other payment due to the corporation other than at properly authorized scales of charges provided that an authorized employee of the corporation may offer discounts in accordance with approved policy.

 

  • take part in the decision to award a contract where he has a direct or indirect financial interest on the outcome provided that the Managing Director may approve in writing the participation of an employee after the full facts have been disclosed to him and he is of the view that the participation of the employee is in the best interest of the corporation.

 

Maximum penalty: 2 years imprisonment or equivalent

Infringement of Reserved Services

101.

 

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    • Where a person has engaged , or is proposing to engage, in conduct that involves, or would involve, an infringement of the exclusive right that the corporation has under Division 4 of Part 2, the corporation may apply to the High Court for relief;

 

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    • The relief that may be granted includes:

 

  • an injunction; and

 

  • at the option of the corporation, either damage or an account of profits; and

 

  • where the person is a foreigner trading in Bhutan under a license from the Ministry of Trade or another Agency of the Government, an order for cancellation of that license;

 

  • where the person is a company registered under the Companies Act 1989 as amended or replaced from time to time, an order for the cancellation of that registration;

 

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    • Where the high Court has ordered the cancellation of a license or registration under subsection (2), the person shall not be eligible again for licensing or registration for five years from the date of cancellation of the license or registration;

 

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    • Where the opinion of the High Court, it is desirable to do so , the Court may grant an interim injunction pending determination of an application under subsection (1);

 

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    • The power of the High Court to grant an injunction restraining from a person from engaging in conduct may be exercised;

 

  • whether or not it appears to the Court that the person intends to engage again, or continue to engage in conduct of that kind;

 

  • whether or not the person has previously engaged in conduct of that kind;

 

  • whether or not there is imminent danger of substantial damage to the corporation if the person engages in conduct of that kind.

 

Dutiable Imports

 

102. Where an employee has a reasonable suspicion that an attempt is being made to avoid payment of customs or other duties on a postal article he shall make his suspicion known to the Government agency responsible for the collection of duty through the procedures established by the corporation for this purpose.

 

Division 3: Protection of the Mail and Postal Property

Protection of the Mail

103. In relation to postal artcles, postal messages and mail bags, a person shall not:

 

(1) deliberately or knowingly and without authority damage, destroy, delay, or violate them;

 

(2) steal, hide or dispose of then in any way without authority;

 

(3) deliberately or knowingly obstruct their acceptance , carriage or delivery;

 

(4) obtain delivery of them by false representation or pretences;

 

(5) receive them knowing them to be stolen;

 

(6) deliberately or carelessly deliver them incorrectly;

 

(7) forge or falsify any postal article or messages;

 

(8) intercept any postal message.

 

Maximum penalty: 5 years imprisonment or equivalent

Protection of Postal Property and Information

104.

 

  • A person shall not falsify or destroy without authority postal documents or records;

 

  • A person shall not knowingly or without authority damage, destroy, deface , steal or infect with a computer virus any postal property;

 

  • A person shall not disclose any information concerning commercial dealings , employee records, plans, finances or performance of the corporation except under the following circumstances:

 

  • by a Director or employee in the course of his duties;

 

  • when authorized by law and due process has been followed;

 

  • as a Court witness under summons;

 

  • to an authorized law enforcement officer;

 

  • A person shall not imitate the identity of the corporation including without loss or generality:

 

  • the erection of unauthorized signs purporting to be the corporation or an agent, franchisee or contractor of the corporation;

 

  • the unauthorized use of any trading name, mark, sign, symbol, uniform or other identifying feature of the corporation;

 

  • claiming falsely in writing or otherwise to be an employee, agent, franchisee or contractor of the corporation.

 

Maximum penalty: 5 years imprisonment or equivalent

Division 4: Privacy

Opening and Detention of Postal Articles

  • A person shall not open a postal article in the course of transmission by post except:

 

  • by an employee authorized by the corporation for the purposes of subsection (3), (4) or (5);

 

  • by an officer or employee of a Government agency authorized under any other law for the purposes of that law;

 

  • to reduce any threat to the life, health or property or any person;

 

  • To present the contents of the article for inspection by an officer or employee described in subsection (2);

 

  • To detect the carriage of items which are prohibited under section 111.

 

Maximum penalty: 7 years imprisonment or equivalent fine.

Disclosure of Contents or Existence of Postal Articles

  • An employee shall not disclose the contents or existence of any postal article, except:

 

  • in the course of the performance of his duties as an employee;

 

  • to an authorized employee for purposes authorized under this Act;

 

  • when otherwise authorized by law and due process has been followed;

 

  • as a court witness under summons;

 

  • to an authorized law enforcement officer.

 

Maximum Penalty: 2 years imprisonment or equivalent fine.

 

Mailing Lists

 

  • Notwithstanding section 106, an employee may disclose a list of postal addresses provided that in the case of each address, the owner or occupier of that address has given his consent in writing to the corporation for such disclosure.

 

Examination without Opening

 

  • An employee may examine any postal article without opening it for the purpose of the detection of items or matter prohibited in the post under section 111.

 

Disposal of Articles and Contents After Inspection.

  • Where a postal article has been opened for inspection under the provisions of this Part, it shall be disposed off as follows:

 

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    • Where nothing has been found in contravention of any law, it shall be immediately prepared for sending and sent without delay to the addressee together with a notice advising that the article has been opened in the course of transmission by post and under what authority;
    • Where an item or matter has been found which contravenes the provisions of this Act, the item may be retained by the corporation, destroyed, sold, returned to the sender or otherwise disposed off according to procedures established by the corporation and the addressee and sender shall be advised of the action taken without delay;
    • Where an item has been sold or retained under subsection (2), the proceeds may be retained by the corporation;
    • Where an item or matter has been found which is not in contravention of this Act but in contravention of another law, the item shall be dealt with under the provisions of the law.

 

Corporation and Employees Not Liable for Actions Done in Good Faith.

 

  • The corporation and its employees shall not be liable for the consequences of any action under this Part which has been performed in good faith.

 

Division 5: Prohibited Items

 

Prohibited Items

 

  1. A person shall not send by post:

 

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    • any article or matter which may expose any person to danger, or soil or damage other articles or postal property or equipment;
    • any narcotic or psychotropic substances;
    • live animals;
    • any explosive, flammable or other dangerous substances:
    • any radioactive material;

 

Maximum Penalty for subsection (1) to (5): 10 years imprisonment or equivalent fine.

 

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    • any obscene or immoral article;
    • articles, the importation or uttering of which is prohibited in the country of destination;
    • any coin, bank note, currency note, security payable to bearer, precious stones, jewels or platinum, gold, silver, objectives except in an insured parcel;
    • any communication which menaces a person.

 

Maximum Penalty for subsection (6) to (9): 3 years imprisonment or equivalent fine.

 

Hoax Explosives

 

  • A person shall not falsely claim to send or have sent a postal article containing explosive material.

 

Maximum Penalty: 6 years imprisonment or equivalent fine.