4.(1) Wherever within Bangladesh posts or postal communications are established by the Government, the Government shall have the exclusive privilege of conveying by post, from one place to another, all letters, except in the following cases, and shall also have the exclusive privilege of performing all the incidental services of receiving, collecting, sending, dispatching and delivering all letters, except in the following cases, that is to say,–(a) letters sent by a private friend in his way, journey or travel, to be delivered by him to the person to whom they are directed, without hire, reward or other profit or advantage for receiving, carrying or delivering them;(b) letters solely concerning the affairs of the sender or receiver thereof, sent by a messenger on purpose; and(c) letters solely concerning goods or property, sent by sea or by land or by air to be delivered with the goods or property which the letters concern, without hire, reward or other profit or advantage for receiving carrying or delivering them:Provided that nothing in the section shall authorise any person to make collection of letters accepted as aforesaid for the purpose of sending them otherwise than by post. ¹[(2) For the purposes of this section and section 5, the expression “Letters” includes post cards, any message printed or manuscript, a cover containing private or official or any type of correspondence etc.]

²[4A.(1) The Post Office shall be the designated national public postal operator responsible for providing the Universal Postal Service all over Bangladesh and for international communications. (2) The Post Office, for the public interest and development of the postal services, may-(a) modify, rearrange or adopt new technologies and provide new services for securing speedy services to the people as it deems fit;(b) appoint agents for providing its services or postal articles to any business entities or companies on agreed terms and conditions;(c) rent out part of post office premises, counters, facilities or any other installations or technology to any business entity or company on agreed terms and conditions;(d) take up any business or agency services permissible under this Act or buy any business facility for the extension or improvement of its own services;(e) enter into new business ventures like Post shops, e-Commerce, Address data base or other data base as it deems fit and can also exchange or interchange business transactions with other domestic or international organisations for the purpose of commercial benefits;(f) provide remittance transfer services, banking services, postal life insurance services either individually or may enter into contract with other organisations for providing the aforesaid services to the people. (3) The Director General may, with the prior approval of the Government, by notification in the official Gazette, fix appropriate commission, fees or charges for appointing agents under clause (b) or for renting out post office premises, counters, facilities etc. under clause (c) of sub-section (2) and also fix rates, tariffs, fees etc. for the services provided by the agents. Explanation : For the purpose of this section “Universal Postal Service” means the basic postal services which the Government has pledged to guarantee all segments of the population on a continuing basis, with a specific, standard of quality at an affordable price.]

³[4B. (1) Notwithstanding anything contained in section 4, any person or company may be granted license under sub-section (2) for operating the business of Mailing Operators or Courier Service to provide the specialized and premium postal services to the people. (2) Where the Licensing Authority is satisfied that the provisions of this Act and the rules made there under have been complied with, it shall grant a license to the applicant. (3) If it is found that the applicant has not complied with the provisions of the Act and the rules made there under, Licensing Authority may refuse to grant license applied for and inform the applicant in writing within thirty days of its refusal. (4) Notwithstanding anything contained in this section, any person or company who has already been operating the business of Mailing Operator or Courier Service shall apply to the Licensing Authority for license within three months from the date of constitution of the Licensing Authority under section 4C of this Act. Explanation : For the purpose of this section- (a) “Mailing Operator” means an operator other than the designated national public postal operator which provides certain specific mailing or postal service or delivery services but is not responsible for providing Universal Postal Services. Its services may include Parcels, Logistics, Delivery, Courier & Express services; (b) “Courier Service” means a person or company which provides mailing services to certain customers other than Universal Postal Services with higher or premium standard and price. Its services may include Parcels, Logistics, Delivery, Courier & Express services.]

⁴[4C. (1) The Government may by notification in the official Gazette, constitute a Licensing Authority to grant licenses and to regulate the licensed Mailing Operators and Courier Services. (2) The Authority mentioned in sub-section (1) shall consist of three members of whom one shall be appointed as chairman by the Government. (3) The Government may, by rule,- (a) provide conditions for granting license and operating the business of mailing services by such Licensed Mailing Operator and Courier Services; (b) fix appropriate license fees and other charges and commissions for operating the Mailing services and Courier services; (c) reserve certain rights and fix jurisdiction and areas for service and may also charge compensatory fees to cover the Government’s cost of postal service coverage ; and (d) keep provisions regarding standards, restrictions, rewards, dispute settlement, penalties for non-compliance and punishment for default and violation of the rules made under this Act by the Licensed Mailing Operators and Courier Services.]

⁵[4D. (1) The Licensing Authority may suspend or cancel a license granted under sub-section (2) of section 4B, if the Licensed Mailing Operator of Courier Service commits breach of any of the conditions of the license : Provided that in the case of cancellation of any license, the licensee shall be served with a show cause notice of fifteen days and be given a reasonable opportunity of being heard. (2) Any person being aggrieved by the order of the Licensing Authority under sub-section (1) may apply to the government for reviewing the impugned order within thirty days from the date of the order and the decision of the government shall be final.]

5. Wherever within Bangladesh posts or postal communications are established by the Government, the following persons are expressly forbidden to collect, carry, tender or deliver letters, or to receive letters for the purpose of carrying or delivering them, although they obtain no hire, reward or other profit or advantage for so doing, that is to say:–(a) common carriers of passengers or goods, and their servants or agents, except as regards letters solely concerning goods in their carts or carriages;(b) owners and masters of vessels sailing or passing on any river or canal in Bangladesh, or between any ports or places in Bangladesh, and their servants or agents, except as regards letters solely concerning goods on board, and except as regards postal articles received for conveyance under Chapter VIII; and(c) owners, pilots and other members of the crew of aircraft flying from or to any airports in Bangladesh.

6. The Government shall not incur any liability by reason of the loss, misdelivery or delay of, or damage to, any postal article in course of transmission by post, except in so far as such liability may in express terms be undertaken by the Government as hereinafter provided; and no officer of the Post Office shall incur any liability by reason of any such loss, misdelivery, delay or damage, unless he has caused the same fraudulently or by his wilful act or default.