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| PART VI-REGULATION OF POSTAL SERVICES
58. The Authority shall regulate postal services so as to ensure that there are provided throughout Malawi good and sufficient postal services at rates consistent with efficient and continuous service, the financial viability of Malawi Posts and in accordance with the recommendations of the Universal Postal Union and other international agreements entered into by the Republic of Malawi. |
Duty of the
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| 59.-(1) The Minister may, after consultation with the
Authority, give directions of a general or special nature to the Authority
in relation to the performance of its functions and exercise of its powers
under this Part.
(2) Any direction given by the Minister under subsection (1) shall be in writing. |
Policy
directions by the Minister |
| 60.-(1) Subject to the provisions of this Part, Malawi
Posts shall have, throughout Malawi the exclusive right of conveying letters
weighing not more than 350 grams from one place to another and of performing
all the incidental services of receiving, collecting and delivering such
letters.
(2) The exclusive right conferred on Malawi Posts by subsection
(1) is not infringed by the conveyance and delivery of-
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Exclusive
right of Malawi Posts to convey letters |
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Communications
(c) letters carried by a person having a business interest in the letters, and the collection of letters for that purpose; (d) letters concerning goods sent with the goods and delivered therewith; (e) letters carried to and from a post office; (f) letters carried privately and delivered without hire, reward or profit. |
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| Licensing of
mail services |
61.--(I) Within one year of the transfer date the Authority
shall issue to Malawi Posts a licence regulating the provision of services
subject to the exclusive right granted to it by section 60.
(2) Subject to the approval of the Minister and after consultation with Malawi Posts, the Authority may issue a licence to any other person for the doing of any act or the performance of any service falling within the, exclusive right of Malawi Posts. (3) Any licence issued under subsection (2) shall be-
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| Amendment
of a mail licence |
62.--(1) The Authority may modify the conditions of any
licence
issued under this Part if it is in the public interest to do so. (2) Before, making modifications to the conditions of a licence issued under this Part, the Authority shall- (a) publish a notice stating the reasons for the intended modification and giving any person with an interest in the matter the opportunity to make representations; and (b) give due consideration to any representations regarding the proposed modification made to it by any person with an interest or holding such a licence. |
| Charges and
other terms and conditions of postal services |
63—(1) Malawi Posts shall publish, as respects any of
the services provided by it, a statement specifying-
(a) the charges for the service, except in so far as they are the subject of a contractual agreement between it and a person availing himself of the service; |
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Communications
35
(b) the other terms and conditions which are to be applicable to those services; and (c) the manner in which, the time at which and the person by whom the charges are to be paid. – (2) A statement drawn up by the Malawi Posts underthis
section 1 shall be submitted by it to the Authority for approval before
publication.
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| 64.-(l) Subject to the conditions of its licence, Malawi
Posts may issue such postage stamps as it may deem necessary for the purpose
of this Part.
(2) Before issuing any postage stamps, Malawi Posts shall-
(3) Malawi Posts shall not issue any postage stamp to
whose
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Design, etc.
of postage stamps
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| 65.-(1) Subject to the other provisions of this section,
no mail may be opened in course of transmission by post or be delivered
to any other person than the addressee.
(2) An employee of Malawi Posts may refuse to deliver or accept for delivery or may open any mail if authorized to do so by express warrant in writing of the Postmaster General. (3) The Postmaster General may grant a warrant to refuse
to deliver or to open any mail in any individual circumstance if he has
reason to believe that an offence may have been committed under this Act
or under any other written law.
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Inviolability
of mail |
| 66.-(1) Any person providing a regular public transport
service within Malawi shall, if requested by Malawi Posts or any other
person holding a licence issued under this Part, carry mail between any
places connected by that service.
(2) The terms under which any person carries mail pursuant
to subsection (1) shall be normal commercial terms and shall be determined
by agreement between the parties or, in the absence of agreement, by the
Authority.
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Use of public
transport for carrying mail |
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| Transactions
on behalf of the Govern- ment and local authorities in post offices |
67.--(1) The Government and local authorities shall enter
into contracts with Malawi Posts for Malawi Posts to do work consisting
in the effecting of transactions of the Government and of local authorities
during normal business hours in such parts of post offices as are open
to the public during those hours for the transaction of postal business.
(2) In consideration of its doing work for the Government or any local authority, Malawi Posts shall be entitled under any such contract to receive from the Government or the local authority payment for the work done that covers the costs incurred by Malawi Posts including the costs of capital employed. (3) In the event of a dispute arising concerning any aspect
of such a contract, either party may request the Authority to make a determination.
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| Financial
Services |
68.-(1) Malawi Posts may, subject to the conditions of
its licence, carry out financial services on its own account.
(2) The financial services referred to in subsection (1) include- (a) the issue of money orders, including postal orders; (b) traveller's cheques; (c) giro services; (d) the collection and payment of bills; (e) the provision of savings services; and (f) such other financial services as the Minister, after consultation with the Authority, shall approve. |
| Postal
Regulations |
69.-(1) The Minister, on the advice of the Authority,
may make regulations generally with respect to the postal services, including
but not limited to--
(a) the use of franking machines for prepayment of postage; (b) specifying the conditions on which postage stamps may be accepted or refused for payment of postal and other charges; (c) specifying any article which may not be sent by post; (d) specifying the conditions for the registration and insurance of postal articles; (e) specifying the conditions on which compensation may be paid for the loss of or damage to any postal articles; (f) providing for the disposal of undelivered or uncollected postal articles; and (g) specifying the conditions under which any financial ser- vices may be provided at a post office. (2) Before giving any advice under this section, the Authority shall consult with Malawi Posts. |
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