- (1.) THERE are three Agency Systems to promote Post Office Small Savings schemes of the Central Government, viz (1) Standardised Agency System (hereafter SAS) (2) Public Provident Fund (hereafter PPF) Agency System and (3)Mahila Pradhan Kshetriya Bachat Yojana (hereafter MPKBY) Agency System. A female agent can obtain all the three agencies while a male agent can have only the first two agencies. For canvassing small savings schemes, the agents are paid commission at such rates prescribed from time to time for various savings schemes. The commission for various schemes is paid to the agents at source at the time of depositing money with the post offices or banks where the schemes are being operated. SAS is confined to canvassing for sale of Kisan Vikas Patras, National savings Certificates (VIII-Issue), Deposits in Time Deposit Accounts, Monthly income Scheme Accounts and Senior Citizens Savings Scheme Accounts whereas under MPKBY Agency System only women agents are appointed to canvass for deposits in Post Office 5-Year Recurring Deposit Accounts. The PPF Agency system is confined to only deposits in PPF accounts. At the time of appointment, the SAS and MPKBY agents are required to execute an agreement with the Government which contains the terms and conditions of the agency. For PPF agency, no formal agency agreement is required to be executed but the agents are required to accept and sign the terms and conditions of the agency in the prescribed form (source: Hand Book for Post office, Part VI 2005-06, by Sri A. N. Dureja ).
(2.) THE 15 (fifteen) petitioners herein claim to be agents under the aforesaid agency Systems of Post Office Small Savings Schemes introduced by the Central government. SAS agents are appointed by the State Government (paragraph 5 of chapter 6 of the Hand Book referred to supra ). Certificate of authority to act as agents has been issued in favour of the petitioners by the concerned officer attached to the Finance (Small Savings) Department, as is revealed from the certificates annexed to the petition. Similar certificate has been issued in favour of agents under MPKBY agency system. The petitioners have averred that as agents they are required to collect and deposit money which the depositors intend to invest in various schemes such as (1) Time Deposits (2) Monthly income Scheme (3) Kishan Vikas Patras (4) National Savings Certificate (VIII issue) and (5) Deposit Schemes for Retiring Employees of Government and Public sector Companies. According to them, on collection of deposits they are paid commission.
(3.) IN paragraph 5 of the petition the instructions which the petitioners in discharge of functions as agents under the aforesaid agency systems are required to follow, compiled from circulars and forms issued from time to time, have been pleaded. Chapter 2 of the Hand Book referred to supra lists those instructions as the ones which the SAS agents are required to follow together with other instructions which MPKBY agents are required to adhere to which, however, have not been pleaded. An amendment has been introduced by the Government of India, Ministry of Communication and IT, Department of Posts in Rule 33 of the Post Office savings Bank Manual, Volume 1 (hereafter the Manual ). A directive has also simultaneously been issued. The petitioners are aggrieved by the amendment/directive and hence have jointly preferred this petition. Rule 33 of the Manual originally read as follows: "33 (1) To withdraw money, a depositor is required to present or send his pass book with an application for withdrawal (form SB. 7) properly filled in and signed. If the depositor does not attend at the post office for payment the counter Assistant should see that the name and signature of the agent or messenger have been entered in the space provided for the purpose in the form of application. Note : 1- The postmaster should not act as an agent or messenger of a depositor for the purpose of withdrawal from a savings bank account standing open in his office. The Postmaster, includes sub-postmaster, branch office postmaster, Dy. Postmaster, A. P. Ms. and A. S. P. Ms in charge of SB Branch. Note : 2- In the case of an application for withdrawal presented by a messenger of the depositor subsequent to the date appearing thereon, withdrawal should be allowed in the normal course if the interval between the date of application and its presentation is only a day or two, where the interval is longer or where there is reason for suspicion, careful enquiry should be made and the withdrawal allowed only if the result of the enquiries is satisfactory. Note : 3- An illiterate or blind depositor or a depositor, who is unable to write unless he operates his account through an agent under the PO Savings accounts Rules, 1981 should attend the post office in person. If, however, he is absolutely unable to attend personally, he can send his application for withdrawal and the pass book through a messenger. The thumb impression or mark of the depositor on the application for withdrawal should be attested by a respectable witness (who should note down his own permanent address), personally acquainted with him who should certify in the following terms : "the depositor is known to me and his thumb impression / mark has been affixed in my presence. " note : 4-If an account of an illiterate depositor is operated through a literate agent, the agent should furnish the following certificate on the application of withdrawal under his dated signature when withdrawal is made by him on behalf of the depositor. Certified that the depositor is on this day alive and sane" .;