Passport Act 1967,Phrase (III)

  1. Appeals
  • Any person aggrieved by an order of the passport authority under clause (b) or clause (c) of sub-section(2) of section 5 or clause (b) of the proviso to section 7 (6) of the section 10 of the authority to whom the passport authority (hereinafter referred to as the appellate authority) and within such period as may be prescribed:

Provided that no appeal shall lie against any order made be prescribed:

  • No appeals shall be admitted if it is preferred after the expiry of the period prescribed therefore:

Provided that an appeal may be admitted after the expiry of the period prescribed therefore if the appeal within that period.

  • The period prescribed for an appeal shall be computed in accordance with the provisions of the Limitation Act, 1963, (36 of 1963) with respect to the computation of the periods of Limitation hereunder.
  • Every appeal under this section shall be made by a petition in writing and shall be accompanied by a copy of the statement of the reasons for the order appealed against where such copy has been furnished to the appellant and ( by such fee as may be prescribed for meeting the expenses that may be incurred in calling for relevant records and for connected services)
  • In disposing of an appeal, the appellate authority shall follow such procedure as may be prescribed:

Provided  that no appeal shall be disposed of unless the appellant has been given a reasonable opportunity of representing his case.

  • Every order of the appellate authority confirming, modifying or resersing the order appealed against shall be final.
  • Offences and penalties
  • Whoever-
  • Contravenes the provision of section3 ; or
  • Knowingly furnishes any false information or suppresses any material information with a. view to obtaining a passport or travel document document under this Act or without lawful authority alters or attempts to alter or causes to alter the entries made in a passport or travel document; or
  • Fails to produce for inspection his passport or travel document ( whether issued under this Act or not ) when called upon to do so by the prescribed authority; or
  • Knowingly uses a passport or travel document issued to another person; or
  • Knowingly allows another person to use a passport or travel document issused to him,

Shall be punishable with imprisonment for a term which may extend to [ two years or with fine which may extend to five thousand rupees] or with both.

[(1A) Whoever, not being a citizen of India,-

  • Makes an application for a passport or obtains a passport by suppressing information about in nationality, or
  • Holds a forged passport or any travel document,

Shall be punishable with imprisonment for a term which shall not be less than one year but may extend to five years and with fine which not be less than ten thousand rupees but which may extend to fifty thousand rupees] or with both.

  • Whoever abets any offence punishable under [sub-section (1) or sub-section (1A)] shall. If the act abetted is committed in consequence of the abetment, be punishable with the punishment provided in that sub-section for that offence.
  • Whosever contravenes any condition of a passport or travel document or any provision of this Act or any rule made thereunder for which no punishment is provided elsewhere in this Act shall be punishable with imprisonment for a term which may extend to three months or with fine which fine which imprisonment is which may extend to three months or with fine which may extend to five hundred rupees or with both.
  • Whoever , having been  convicted of an offence under this Act , is again convicted of an offence under this Act shall  be punishable with double with double the penalty provided for the latter offence,
  • Power to arrest
  • Any officer of customs empowered by a general or special order of the Central Government in this behalf and any [officer of policed or emigration] not below the rank of a sub-Inspector may arrest without warrant any person against whom a reasonable suspicion exist that he has committed any offence punishable under section 12 and shall, as soon as may be , inform him of the grounds for such arrest.
  • Every officer making an arrest under this section shall , without  unnecessary delay, take or send the person arrested before a magistrate having jurisdiction in the case or to the officer in charge of the nearest  police station and the provisions of [section 57 of the Code of Criminal Procedure, 1973(2 of 1974)] shall , so far as may be , apply in the case of any such arrest.
  • Power of search and seizure
  • Any officer of customs empowered by a general or special order of the Central Government in this behalf and any [officer of police or emigration officer] not below the rank of a sub-inspector may search any place and seize any passport or travel document from any person against whom a reasonable suspicion exists that he has committed any offence punishable under section 12.
  • The provisions of the [Code of Criminal Procedure, 1973 (2 of 1974)] relating to searches and seizures shall, so far as may be, Apply to searches and seizures under this section.
  • Previous sanction of Central Government necessary

No prosecution shall be instituted against any person in respect of any offence under this Act without the previous sanction of the Central Government by order in writing in this behalf.

  • Protection of action taken in good faith

No suit, prosecution or other , legal proceeding shall lie against the Government or any officer or authority for anything which is in good faith done or intended to be done tinder this Act.

  • Passport and travel document to be property of Central Government

A passport or travel document issued under this Act shall in all remain the property of the Central Government.

  1. Passport and travel documents to be invalid for travel to certain countries

Upon the issue of the notification by the Central Government that a foreign country is:-

  • A country is committing external aggression against India ; or
  • A country assisting the country committing external aggression against India;

           Or

  • A country  where armed hostilities are in progress; or
  •  A country to which travel must be restricted in the public interest because such travel would seriously imp[air the conduct of foreign affairs of the Government of India,

A passport or travel document for travel through or visiting such country shall cease to be valid for such travel or visit unless in any case a special endorsement in that behalf is made in the prescribed form by the prescribed authority.

  • Issue of passport and travel document to person  who are not citizen of India  

Notwithstanding anything contained in the foregoing provisions relating to issue of a passport or travel document , the Central Government may issue, or cause to be issued, a passport or travel document to a person who is not a citizen of India if that Government is of the opinion that it is necessary so to do in the public interest.

  • Power to delegate

The    Central Government may , by notification in the official Gazette, direct that any power or function which may be exercised or performed by it under this Act other than the power under clause (d) of  sub-section (1) of  section 6 or the power under clues (i) of sub-section (2) of that section or the power under section 24,  may, in relation to such matters and subject to such conditions, if any , as it may specify in the notification, be exercised or performed-

  • By such officer or authority subordinate to the central Government; or
  • By any State Government or by any officer or authority subordinate to such Government; or
  • In any foreign country in which there is no diplomatic mission of India, by such Consular Officer; as may be specified in the notification.
  • Power to exempt

Where the Central Government is of the opinion that it is necessary or expedient in the public interest so to do, it may, by notification in the Official Gazette and subject to such conditions, if any, as it may specify in the notification,-

  • Exempt any person or class of persons from the operation of all or any of the provisions of this Act or the rules made hereunder; and
  • As often as may be, cancel any such notification and again subject, by a like notification,  the person or class of persons to the operation of such provisions. 
  • Act to be in addition to certain enactments

The provisions of this Act shall be in addition to and not in derogation of the provisions of the passport(Entry into India ) Act, 1920 (34 of 1920), the Foreigners Law ( Application and Amendment ) Act, 1962 (42 of 1962),  the foreign Exchange Regulation Act, 1973 and other enactments relating to foreigners  and foreign exchange.

  • Power to make rules
  • The central Government may, by notification in the Official Gazette, make rules for carrying  out the purposes of this Act.
  • In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
  • The appointment, jurisdiction, control and functions of passport authorities,
  • The classes of persons to whom passport and functions of passport authorities,
  • The form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a  passport to travel document and where the application is for the renewal , the time within which it shall be made;
  • The period for which passports and travel documents shall continue in force;
  • The form in which and the conditions subject to which the different shall continue in force;

(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5]

  • The fees payable in respect of [any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport] for visiting a foreign country referred to in sub-section (1A) of section 5 or issue of a passport] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act:
  • The appointment of appellate authorities under sub- section (1) of section 11, rthe jurisdiction of, and the procedure which may be followed by, such appellate authorities;
  • The services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed ) which may be rendered in relation to a passport or travel document and the fees therefore,
  • Any other matter which is to be or may be prescribe or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act.
  • Every rule made under this Act shall be laid as soon as may be after it ios made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session for a total period of thirty days which may be comprised in one session or [ in two or more successive sessions, and if , before the expiry of the session immediately following the session or the successive sessions aforesaid] in which it  which it is so laid or the session immediately following , both Houses agree in making  any modification in the rule or both Houses agree that the rule should not be , the rule shall thereafter have effect only in such modification or annulment shall be without prejudice ti the validity or anything previously done under that rule.
  • Change of short title of Act 34 of 1920

In the Indian passport Act, 1920, in sub-section (1) of section1, for the words and figures “the Indian Passport Act, 1920  “shall be substituted.

27 Repeal and saving

  • The passport Ordinance, 1967 is hereby repealed.
  • Notwithstanding such repeal, anything done or any action taken or purporting to have been done or taken under the said Ordinance shall be deemed to have been done or taken under this Act as if this Act had commenced on the 5th day of May.

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