Section 5: Liability in connection with postal packets

5. Liability in connection with postal packets (1) Subject to subsections (2) to (5), no proceedings in tort shall lie against the State for anything done or omitted to be done in relation to a postal packet by a person while employed as an employee or agent of the State, or for anything done or omitted to be done in relation to a telegraphic communication by a person while so employed, nor shall an officer of the State be subject, except at the suit of the State, to any civil liability for any of those matters. S36 – 3 [Issue 1] State Proceedings Act (2) (a) Proceedings shall lie against the State under this subsection in respect of loss of, or damage to, a postal packet, in so far as the loss or damage is due to a wrongful act done or a neglect or default committed by a person employed as an employee or agent of the State while performing or purporting to perform his functions as such in relation to the receipt, carriage, delivery or other dealing with the packet. (b) The amount recoverable in proceedings under this subsection shall not exceed the market value of the packet in question (excluding the market value of any message or information which it bears) at the time when the cause of action arose. (c) The amount recoverable in any such proceedings shall not in any event exceed the maximum amount which, under post office regulations, is provided as compensation for the class of postal packet concerned. (d) The State shall not be liable under this subsection in respect of a packet, unless such conditions as are prescribed by post office regulations in relation to that postal packet have been complied with. (e) For the purposes of any proceedings under this subsection, it shall be presumed, until the contrary is shown on behalf of the State, that the loss of, or damage to, the packet was due to some wrongful act done, or some neglect or default committed, by a person employed as an employee or agent of the State, while performing or purporting to perform his functions as such in relation to the receipt, carriage, delivery or other dealing with the packet. (3) (a) No relief shall be available under subsection (2) except on a claim by the sender or the addressee of the packet in question, and the sender or addressee of the packet shall be entitled to claim any relief available under subsection (2) in respect of the packet, whether or not he is the person affected by the injury complained of, and to give a good discharge in respect of all claims in respect of the packet under subsection (2). (b) Where the Court is satisfied, on an application by a person who is not the sender or addressee of the packet, that the sender or the addressee is unable or unwilling to enforce his remedy in respect of the packet under subsection (2), the Court may, upon such terms as to security for costs and otherwise as the Court thinks just, allow that other person to bring proceedings under subsection (2) in the name of the sender or the addressee of the packet. (c) Any reference in this subsection to the sender or addressee of the packet includes a reference to his heirs or legal representatives. (4) Where, under subsection (3), a person recovers any money or property which, apart from that subsection, would have been recoverable by some other person, the money or property so recovered shall be held for the benefit of that person. (5) Regulations may be made under the Postal Services Act for prescribing the conditions to be observed, for the purposes of th Any reference in this subsection to the sender or addressee of the packet includes a reference to his heirs or legal representatives. (4) Where, under subsection (3), a person recovers any money or property which, apart from that subsection, would have been recoverable by some other person, the money or property so recovered shall be held for the benefit of that person. (5) Regulations may be made under the Postal Services Act for prescribing the conditions to be observed, for the purposes of this section, in relation to registered inland postal packets. [Issue 1] S36 – 4 Revised Laws of Mauritius (6) In this section— “postal packet” has the same meaning as in the Postal Services Act, and includes a telegram; “sender”, in relation to a postal packet, has such meaning as may be assigned to it by post office regulations. (7) Any reference in this section to a postal packet includes a reference to the contents of the packet. [S. 5 amended by Act 48 of 1991.]