Ref No. National
Postal
Policy/2012
Date: 28th Sep 2012
To
Ms. Suneeta Trivedi,
Member (Planning),
Postal Services
Board,
Dak Bhawan, New
Delhi-110001.
Madam,
Sub: National Postal Policy – 2012.
****
The Ministry’s attempt to put the policy, first and amend the IPO
Act 1898 based on it is wrong, unconstitutional, against the Parliamentary
democracy and unacceptable.
The analysis of the
proposed policy draft Para wise is enclosed.
Kindly go through it
with an open mind and drop the proposed National Postal Policy, 2012.
,
Yourssncerely
{D.Theagarajan}
DETAILED
COMMENTS ON “THE DRAFT National Postal Policy 2012”
I
What does the “Legal” Indian Postal Service Stand for :
The draft National Postal Policy 2012 has to be first read
and understood in the context of what the “Legal” Postal Service of India
stands for and what it does over more than 155 years of its existence. Without
understanding this context, it will not be possible to fully appreciate the
plus and minus points of the proposed policy in this draft. Hence, a
brief mention of what the “legal” Indian Postal Service is, what it does and
its contribution to the National economy is attempted below, shorn of jargons
and heavy statistics :
(i)
Indian Postal service started in 1854 had served as the only means of
communication for decades, even after telegraph and telephones emerged.
Even today, in the internet-age also, it is the only major, cost effective and
easy-to-access medium of communication to all in India India
(ii)
With its spread of vast network of Post offices, 1,54,000 plus – all over the
Country, from the snow clad Ladhak, Arunachal Pradesh, Himachal Pradesh etc to
the sea-coast states (in the North-South dimensions) and from the sandy
Rajasthan to green hills of North eastern states (in the West-East dimension),
it is the only institution of the Union of India which effectively represents
the Nation-hood of India. In short, it is a symbol of National
Integrity.
(iii)
As a Government –Institution, it employs 5.5 Lakhs plus people who run the
machinery with clockwork precision, every day, 365 days, day and night
with no let or closure for the common man and economy of India
(iv)
India Post is much more than a mere Postal Service. It is managing in a
way effective resource mobilization to the receipt area of our Capital
budget. It’s role in mobilizing National Savings is unparalleled in the
history of banking and finance. It is their silent effects, which has
been the main stay of consistent nature for financial mobilization – both for
Centre and States. If fiscal deficit is to be kept at bay, its role
cannot be underestimated. In the last fiscal year, the small savings
outstanding’s were Rs. 582833 crores which means the amount mobilized
thereby helping the Governments (Central & States) in their investment
needs. It’s collections (net) on an ongoing basis can be lost with only at
Government’s peril. It is a low cost fund constantly made available to
Government by the Postal network and by its dedicated work force. The
further point to note is Postal Savings network has rarely witnessed any
financial hot-spots, unlike the Nationalized banks with growing NPAs.
In short, India
Post is a major economic instrumentation available to government of India
(v)
India Post owns the Nation’s second largest Life Insurance Institution, namely
Postal Life Insurance and rural Postal Life Insurance. It has
consistently bet the LIC and the so called efficient private Life Insurance
Companies, by charging lower premium and by giving higher bonus, every
year. Thanks to Malhotra Committee recommendations, by entering into the
rural postal life insurance area, India Post is the only and real life insurer
to the rural population. It is the only Life Insurer which waives premia
from rural folk when a calamity like draught or flood strikes them.
Though it is outside IRDA,. The running of this institution is more than what
IRDA stipulations call for. The fact that the annual accretions of postal
and rural postal Insurance are invested in the market shows its dexterity,
modernity and competence. The fact that it is highly computerised is
another fact to be noted. In short, India
(vi)
India Post, without much of fanfare, and the so-called elite consultants and
economic and management expert advise, has been in the forefront in creating
Brands and products of modern relevance is a truth no one can ignore:
SPEED POST : A Brand of international recognition, created
and maintained with least advertisement serving the business as well as the
public at lowest price beating All the couriers, in coverage and volume;
EXPRESS PARCEL POST: A brand, which has institutionalised
the safe delivery of goods and merchandise, posing effective competition to all
couriers;
LOGISTICS POST: A brand, which has effectively
repositioned itself, in the Cargo segment, with least cost, taking the
challenges of multi-national couriers, head on
RETAIL POST : A brand which leverages the network
advantages of Department of Posts, serving as a means for retailing - a whole
lot of products and services, magazines, books, tea, gold,
aluvera products, prasads and you mention any;
MEDIA POST: A brand which leverages its stationery as a
resource generator as well as a collector’s item;
BUSINESS POST: A brand, which has effectively replaced the
mail-processing units and costs of major business houses, while simultaneously
generating thousands of jobs for the poor and semi-educated men and women all
over the country.
In short, India
(vii)
India Post, though its network has effectively carried out money transfer
function even to the remote corners of this Nation, through money order, Speed
post money order, International money transfer (in alliance), Postal Order etc
at even the remote corners of the country reliably, at least cost unlike the
banks, who have not reached the poor and rural sector even after 43 years after
the Nationalsation.
In short, India
(viii) In
the ICT era, India Post has already recorded its preface effectively:
e-Post : A brand/Product which effectively brings the benefits of
Information technology to the common man;
e-bill : A brand/Product which effectively has served the business
and people through Information Technology. India Post has produced, soft
wares of international quality and even is exposing some of them to other
countries.
Maghdoot
Software: An indigenously
produced software meeting the Postal Counter needs;
V 2
Software : A banking
reconciliation software produced at least cost (only three people developed it,
which served for 15 years to the departmental needs).
CC Bridge
Software: A banking
reconciliation software for cash certificates produced at least cost [only one
person developed it] which has effectively saved millions of man-hours;
Life
Insurance record keeping software:
An insurance software for retrieval and safe keeping of policy documents,
developed at least cost [only one person developed it].
Records
Keeping software : Enabling
management of old records, MIS software etc. etc.
The important point to note here is all of the software
were developed, tested and implemented successfully by just ordinary clerks
with no extra recommendations or incentive. A network of software
development centers employing few people effectively is the department’s
achievement. The Department of Posts is a pioneer in developing the
concepts of multi-purpose Counter machine, saving the people their waiting time
(Again the concept developed indigenously).
In short, India
(ix)
India Post has been serving silently in many front line areas like giving
identity certificate at least cost, helping poor self-help groups (Through
micro-credit) etc.
In short, India
Post, is the best vehicle available for Government of India
(x)
India Post had been silently helping the defense needs of the Nation.
Army Postal Service is fully manned by trained postal manpower and officers
meeting the needs of the defense forces. The fact that most of the men and
officers return to postal service, after active defense service, shows how the
Department of Post is cross subsidising the defense establishment;
(xi)
Last but not the least, India Post renders almost all services with highest
quality. In fact, by six sigma yard stick, if its performance is
measured, in every area, it is a six sigma institution, which most management
pundits do not know or all ignorant of.
II. In spite of
the cost escalations due to pay-commission implementations, in-put costs etc
the subsidy which the government gives to Department of Posts gives is far
lower than the subsidy which the Govt. of India doles out to other sectors like
oil industry, health care. (with all the subsidy of crores to
produce doctors they migrate and manage health care in UK India India
III. Therefore, There is a need to study the
proposed postal policy-draft critically, lest it harms this finest
socio-economic institution of government of India
IV. Another
effect of utmost importance to take note is that the Department of Posts itself
has started initiatives listed below (which this policy draft overlooks and
fails to take note of ) which if passed will serve all the intended benefits,
this policy-draft suggest:-
(i) Post Office Act 1898 (Amendment) bill
(unfortunately withdrawn) :
This bill takes into account almost all the
suggestions/ areas for improvement touched by this policy – draft and goes much
farther. That draft bill looked at the sector as a whole (As this
policy-draft does). It tried to develop a level playing ground between
the incumbent, India Post and the mushrooming couriers (With no
control and responsibility, dominated by multi-Nationals. It
envisaged a regulator for the sector as a whole, not necessarily from
incumbent, India Post. It suggested an universal service obligation
fund (USO fund) to which all will contribute and draw from it as per their
performance to rural, poor and remote areas (As envisaged internationally). It
clearly referred to ICT technologies and their use; it tried to bring
accountability and responsibility into a sector where couriers violated
accountability and were siphoning the creamy business and pushing India Post to
carry the burden of USO and there by Government of India to carry
the subsidy –burden,
Many of the ills, now alluded , in the policy draft could
be avoided if that bill is enacted. This policy draft is half hearted,
focus lacking and does not look at the real role of India
(ii) The
Proposal to convert the 300 high yielding, sophisticated Postal finance marts
into a Bank held by Department of Posts of Government of India;
300 Postal finance
marts, created at the lowest cost using mostly the existing infrastructure,
computerised and doing many financial transactions like banking (Deposit
taking), Insurance (Life by PLI and RPLI), General Insurance in alliance
with Oriient Life Insurance, a Govt.undertaking Mutual Funds (UTI, SBI, ICICI
Prudential etc) Govt.Bonds (in alliance with IDBI), Money transfer (Money
order, international Money transfer etc) etc are envisaged to be converted into
a fully owned Government Postal Bank using central server technology, core
banking etc. The work is underway. A detailed tier-I, Tier-II capital
structure etc were worked out and submitted in great detail by the Department
Officers only (no great multinational consultant employed!). This bank in no
way will affect the network’s pre-occupation with small savings but will
augment it. The old adage ‘credit begets deposits’ shows if the lending
dimension is added, the result can be dramatic to the benefit of India
This bank will be a great instrument, by which the subsidy
given by government can be phased out. Government will actually get back its
capital invested, when the bank is listed .These were the main features. This
is in line with the model followed by Germany
Can we not learn and implement it? By removing the
government subsidy and placing India
(iii)
Postal infrastructure corporation proposal :
Postal Department has prime lands in major cities/towns.
By creating a special purpose vehicle in bringing public-private partnership,
the Department will benefit, without losing land-control and getting buildings
with no investments, Private business will prosper along with Postal Department
and public will benefit. This proposal, again prepared by Department officers
themselves with no great consultant helping, is available. (When we say
Private-Public partnership in Postal Sector, for land-use, ‘Private’ need not
necessarily be confined to Couriers)
Can we not implement it? The Policy-draft
refers to private-public partnership without even studying this
proposal
(iv) This
policy-draft talks about ICT initiatives repeatedly are we aware about the
software/development centres, functioning successfully producing softwares
already under use successfully? Why not strengthen them? Does
it call for a separate policy?
(v) This-Draft talks about Postal Research work
Are we aware that the Postal Research centre was created
as early as 1984, to become Asia ’s premier
R& D Centre? Are we aware that it was not given adequate
manpower? It was slowly merged with Postal Directorate? With all
these limitations, that R & D Centre created the concept of Multipurpose
Counter Machines (Now used all over the Country); created the proposal for
computerized money order pairing and Accounting (Now used in all postal
accounts organizations); suggested for re-vamping of statistics collection and
processing; suggested introduction of GIRO BANK (as in Europe) etc.
Can not the R & D centre by revived, at least cost and supported?
V These
back ground information are required to be studied very carefully before the
draft-policy, under discussion, is evaluated. By talking about
Postal “Sector”, the draft-policy appears to ignore the unique nature of the
socio-economic role played by India India
VI ANALYSIS OF THE PROPOSED POLICY DRAFT:
(A)
INTRODUCTION: Given the above background,
the draft is discussed below. However, there are certain broad issues to be
kept in view:-
(i) The Draft National Postal
Policy, 2012 is seeking to cover the Postal sector, without looking at the
special Indian context and the role of the exiting Principle player, viz India Post, as a socio- economic development institution
and seeks to take an overly simplistic view.
The special points discussed at pre-sections (I to V) are to facilitate to
understand the reality.
(ii) The department of Posts is
NOT only a Postal player, but also an economic institution, incomparable with the
couriers, While laying the rules of
level-playing ground, one must not weaken Department of Posts;
(iii)
The draft has some good points and many weak points. They are
analyzed below para by para:
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COMMENTS
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A. Postal services originated out of the need
for conveying the written word. They evolved over the ages, and grew in
scope, spread and complexity. The post, today, is a ubiquitous network which
serves the world by connecting individuals and communities, promoting trade
and commerce, and reaching financial services to the common man?
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(1) The first para itself
makes a wrong assumption when it says”……….and reaching financial services to
the common man”
·
This is not factually correct. As the discussions at pre-para show, it
reaches not only financial services but also lot other services.
·
Department of Posts not only reaches financial services to
common man, but also to business community (i MO, Financmats, mutual funds,
International Money transfer etc), to the business community(Investment
business), to affluent sectors(Government bonds etc).
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B. The current postal environment is complex and
dynamic. Based on international experience, the status and direction of the
postal sector can be summarized as under: Declining letter mail volumes,
increasing electronic substitution, and growing competition.
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(2) It
abruptly jumps from National Context to International Context by talking
about “declining bulk mail volumes”.
In Indian context, the situation is very complex. Letter mail volume has not gone down but is
partly now taken over by Courier, though under Sec-4 of PO Act, they are
prohibited to carry letters. The couriers call them ‘Documents’ and carry. We
all know that even government banks/insurance companies, PSUs are sending
their mail through Couriers (for several reasons which need to be studied). Many
of them are not even aware that they are violating the act. Prima
facie there is no decline in the letter mail volume but only diversion to
Couriers illegally. An illegal behavior of a player can
not be legitimated by a policy. It
calls for an amendment to Act. That was what was attempted in a well
crafted Post Office Act. Amendment bill (Since withdrawn for no good reason).
That bill suggests in consistent with the international practice weight slab
of 500gms for monopoly of Department of Posts).
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C.Though the principle of separation of regulator and operator is
widely discussed, it is yet to find universal acceptance.
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(3) The Statement “Though the Principle of
separation of regulator and operator is widely discussed, it is yet to find
universal acceptance”.
It is
not known how the draft came to a conclusion ‘that it is yet to find the
acceptance’. At least in the Indian context, it is already well accepted:
Examples are IRDA, TRAI, SEBI etc. Precisely, This type of regulator was
suggested in the now withdrawn, Post Office Act amendment bill. By passing
that bill, the sectors reform can start.
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D. Postal markets in emerging economies continue
to be fragmented and unorganised
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(4) The draft assumes “Postal Markets in
emerging economies continue to be fragmented and unorganized”.
The author appears to be confused. There is
a difference between ‘Market’ and Player’ in the market. Postal Market is a
sector. Indian Post is a principle player. Despite other players (Couriers)
in that market before 30+ years, India Post is still the dominant player.
There is no fragmentation of the market. This market in
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E.
New business
models are evolving from emerging economies, with increased level of resource
sharing and cooperation among various service providers
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(5) The draft statement “over business models
are evolving from emerging economics, with increased level of resource
sharing and cooperation among various service providers”.
This is a bland statement, with
no evidence cited. In which emerging economy which new
business model has emerged? – Let the draft clarify. Then only a fruitful and
meaningful analysis of facts Possible! This policy draft when it says “With
increased level of resource sharing and cooperation among various services
providers appears to be confused”. The
problem is there. The couriers, having failed to develop effective delivery
mechanisms, want to capitalize the network advantage of
(6) The draft correctly recognizes opportunities
in the Internet based Commerce. Let each player show the innovativeness on
his own. The courier Industry much bolstered by multinationals, want to have
the cake and eat it too. They are
not sufficiently investing in proper
delivery and booking models. They are not brining in capital and resources
innovatively. They do not serve the sector. But they want cleverly, without
accepting any legal ( act based ) Control, in
the name of “ increased level
of resource showing “,the delivery
network from
As far as taking advantage of
Internet opportunities,
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F. The environment, thus, poses overwhelming
challenges to the postal sector. However, it has also thrown up many
opportunities. Potential exists today for an overarching role for the postal
sector in facilitating internet based commerce, as a trusted third party who
provides a secured space for transactions. 'Cash on delivery services',
fulfillment services for lightweight packets and just-in-time shipment of
goods are some of the services for which demand is growing. The postal sector
needs to be creative and innovative to capitalize on these opportunities.
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(7) The
next para makes explicit that it is the country wide distribution system of
Indian Post that is sought to be exploited by private countries, Why for
the past 35 years, private couriers
failed to creat an effective distributive system? How much investment they
have made in infrastructure creation? Why they do not have stable work force?
Why wage laws and employment laws are not strictly followed?
It is the anti-labour policies
of the private cuuriers that they do not have a wage policy, do not have a
recruitment policy, do not have a reservation policy , do not have an
investment policy etc. which has hampered their
successful competition with the India Post on merit. The draft policy makes it to appear that it is the bounden duty of
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The National Postal Administration forms the core of the postal
sector. A strong and self-sufficient National Postal Administration is
essential for the survival of the sector, as this alone has a countrywide
distribution network, which can be leveraged for profitable partnerships
involving the private sector or other government agencies.
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(8) The point about the need for clearly saying
what a ‘Letter’ is , necessity to have the authentic data regarding the
number of operators and the volume of
mails they handle etc are well taken. The passing of the proposed amendment
Act will help.
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(9) The draft policy is using the high sounding
terms like Governance, standardization and quality of service. But, Can a
mere policy do it? What comes first – a legal frame work (which would have
happened if post office Act amendment bill now withdrawn has been passed) or
a policy which cannot be enforced? World ever a proper legal basis is first
put in place.
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(10) The draft policy is full of hyperboles
(i) “Attention at the policy level
is fragmented. ICT environment of the postal service, which is contributing
to under utilization of resources on many fronts“. Again it is a generalized
statement .ICT environment for each player is different and will be
structured to meet their business
requirement. In a competitive environment ICT is a competitive advantage
creating mechanization .Why should it be shared? If any courier in
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(ii) Again the statement “…… the absence of
organized efforts in HRD as planning and non-adoption modern practices …..”
etc., made in the permeable are well taken. Department of Post is an
organized Human resource organization. It has clearly laid down policies,
practices etc. of training, recruitment and advancement, wages etc. It is the couriers who are anti-labor.
They have not got clearly articulated HR policies and practices. Their
investment in training is next to nothing. For whom, the draft is crying?
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11. “The postal
sector in
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12 “The claim
that National Postal Policy has been developed to address Systemic Challenges
… “ etc. is erroneous in logic
(a) A policy is no substitute to an Act. P.O Act
amendment bill (now withdrawn) addressed this issue.
(b)
The policy draft does
not talk about any concrete “‘Systemic Challenges’. Every competitor –
here, couriers-has his systemic challenge .Each has his customer audience.
Let each face their challenge. Let the best win. However, well intentioned,
Policy cannot replace the need for Act- amendment. Without accepting responsibility the couriers only want to take
the advantages from
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13 (a) Everyone
will agree that there should be an organized and well governed postal sector.
But, how there can be “well governed
“postal sector, when there is no law to back it? Why then, the only attempt
to do this in the form of Post Office Act Amendment bill was not followed up?
(b)
“Provision of universal Postal services country wide”. The author of
the policy appears to be confused!
There cannot be a “universal postal services country wide”, there is a UPU
recognized “Universal (Postal) services obligation”. Again the PO Act
(Amendment) Bill (Now withdrawn) tried to do this?
(c) Promotion of partnership between
private and public sectors is a cliché. Partnership is possible and necessary
when two partners bring to the table advantages by which both parties will be benefited. On
the one side is India Post, with well established systems, man power, quality
control, nationwide network, innovative product and kinds, ICT initiatives
etc. The other side is the highly exploitative couriers(private sector), led
by Multi nationals like DHL, BlueDart
etc., who have not invested in infrastructure building (Even in distribution network), in Human Resources
(no stable work force, HRD etc.,) in
universal service obligation (serving the
rural and remote areas etc)., What sort of partnership, this policy
draft wants? It should first reform the couriers, make them accountable and
then talk about partnership.
(d) “Adoption of inclusive transparent
processes for policy formulation, implementation and monitoring” Well said.
India Post, the
largest postal player , as a government
institution follows all these. Who then lacks it? The couriers, Can we
make them to follow these good points? .We cannot, because we have no legal
machinery to do so!
Couriers come
under no law. They dodge any legal obligation, In fact, are doing illegal
Act. of carrying letters under the garb of ‘documents’ Everyone knows it.
The policy draft- preaches well. Let the policy
say that the proposed P.O Act amendment bill should be passed to enable this.
Then one can accept the neutrality of this policy- draft!
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14. Leave aside
the jargons like ‘Vision’, the ‘mission’ and the ‘objectives’ which in a
sectoral context must be precise, let us analyze the objectives and strategies.
(a) Developing an organized and well
governed postal sector- Need is well recognized.
“The objective of providing
efficient and effective basic postal services at affordable prices to all sections of Population over all
geography”- well said
“Leverage the network…………. for
the growth the development of the postal sector” Which network or
infrastructure or expertise, Can India post access from the couriers? The
whole aim of the policy draft appears to be one way traffic for the benefit
of couriers.
“Develop postal
statistical indicates and include relevant Postal indicators, among broader
infrastructure development indicators”
Well said, All players in
the postal sector – India Post and all couriers – Should abide by this. How
does one enforce it? , With a policy? No way.
The emotional appeal “to
provide holistic support to micro, small and medium postal service providers
and encourage. Entrepreneurship in the sector” sounds well. But, it contradicts the preamble in this policy
draft of not encouraging “fragmentation “
What a micro postal service provider will do in respect of
delivery? Let us assume, he specializes entrepreneurially in delivery work
alone. Can he ever get a break – even amount? That means, he will have to
work even at a wage lower than the market wage. That means,another poor
employee (Extra departmental delivery agent of
“Integrate progress of
development of postal sector with national ITC policy network and national
development plans”-
On achieving millennium goals,
India Post side is clear: how does one
make this courier to do this, Can a policy enforces this? Only a clear
amendment Act can.
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“Ensuring basic
postal services at affordable prices” that is what India Post Does and incur
loss. It tries to make up the loss in value added services like speed post,
registration and parcel etc. But
precisely in those businesses, the couriers enter and milk the creame
business. How to make them to serve at
affordable prices? No policy can. Universal
services/obligations Fund can. But
it’s provision in the Post office Act amendment Bill died, when the bill was
withdrawn, why?
“ Upgrade both
capacities and capabilities of the weaker link in the Postal Network to
improve their effectiveness” The draft
policy, tacitly and indirectly acknowledged that the weak link for Couriers
is their distribution network. They
should upgrade this by investments both in funds and in personnel. They do not. Why? because they are not accountable to any.
May be now, couriers will be doubly happy that this policy – draft
will give them access to
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Well said –
Should be so – But who enforces these Quality standards? Only a neutral regulator can. Without the
support of a legislation it is a pipe-dream.
Bring back the P.O. Act amendment bill (Now withdrawn) and pass it.
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Well said – To
achieve these obligations two steps are necessary
1. Make by Law,
Couriers also spend on infrastructure a portion of their earnings.
2. Make
the access of Couriers to the National
Postal administrations’ legal repository of addresses a fee – based one.
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Well said – Let
us do so –
For India Post
, to take advantage of it, recreate “Postal R & D Center” with adequate
manpower funds, infrastructure and
mandate
Let access to
the “Postal, ICT and R&D fund” – be propositional to the total activity category wise and
coverage wise – rural, urban and semi urban –
Make it
obligatory to all players to contribute a percentage of their revenue to this
fund.
Let the
independent regulator control this fund and amend the act to this extent.
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Well said – Let
us do so –
Good human
resourse development is not the first step – It follows good human resourse –
practice of recruitment, reservation, appointments, promotions, legal wages,
redressal mechanisam etc. Such good
human resource practices are being followed by India Post. Couriers have no mandatory
rule to follow – When they do not follow – good HR practices, how do you make
them to do HR development and for which propose?. The policy – draft is good in prescribing
but good wishes alone are not good enough.
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Joint Venture –
For what? If it is international,
India Post has UPU and the link is enough, What a Multinational courier can
give to a Govt. organization like India Post?
What are their track records? There are already established rules in
Govt. on joint venture with private sector.
They are equally applicable to Postal Sector.
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The thin end of
the wedge is in this para:
1.
First of all a “Postal Dept. Board” is a wasteful exercise –
Define the law clearly and enforce it. Let the competitive forces act. The best result will come. The replication of another tie of Govt.
hierarchy is a waste and independent regulator can do that work.
2.
The statement “Amend the India Post office Act 1898 to meet
the objectives of National Postal Policy” is unrealistic. First prepare the
ground rules by amending the PO Act and stipulate the rules of the game for
the Govt. Player, Couriers and Regulator.
Let everyone become responsible.
That was what was attempted in the last, now withdrawn, PO Act
amendment bill.
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VII CONCLUSION: In summary, the following actions are
needed:
1. Bring
back the well drafted equitable Post office act amendment Bill 2005-2006 (Now
dropped);
2. Debate
it in public first and in parliament next and pass it to give the postal sector
for progress, creating ground rules for each player to behave responsibly, with
a regulator and USO fund in place.
3.
Govt
should frame policies, thereafter, to enforce the act ;
4.
Present
attempt to put policy first and amend the act based on it, is wrong
unacceptable.
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