The Passports Act, 1967
Administered Ministry: Ministry of External Affairs
Section
Section 19 Passports and travel documents to be invalid for travel to certain countries. 1 docs
Upon the issue of a notification by the Central Government that a foreign country is--
(a) a country which is committing external aggression against India; or
(b) a country assisting the country committing external aggression against India; or
(c) a country where armed hostilities are in progress; or
(d) a country to which travel must be restricted in the public interest because such travel would seriously impair 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.
(a) a country which is committing external aggression against India; or
(b) a country assisting the country committing external aggression against India; or
(c) a country where armed hostilities are in progress; or
(d) a country to which travel must be restricted in the public interest because such travel would seriously impair 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.
Section 20 Issue of passports and travel documents to persons who are not citizens 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.
Section 21 Power to delegate. 1 docs
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 clause (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--
(a) by such officer or authority subordinate to the Central Government; or
(b) by any State Government or by any officer or authority subordinate to such Government; or
(c) in any foreign country in which there is no diplomatic mission of India, by such foreign Consular Officer; as may be specified in the notification.
(a) by such officer or authority subordinate to the Central Government; or
(b) by any State Government or by any officer or authority subordinate to such Government; or
(c) in any foreign country in which there is no diplomatic mission of India, by such foreign Consular Officer; as may be specified in the notification.
Section 22 Power to exempt. 10 docs
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,--
(a) exempt any person or class of persons from the operation of all or any of the provisions of this Act or the rules made thereunder; and
(b) 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.
(a) exempt any person or class of persons from the operation of all or any of the provisions of this Act or the rules made thereunder; and
(b) 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.
Section 23 Act to be in addition to certain enactments. 2 docs
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), 14 [the Emigration Act, 1983 (31 of 1983)] the Registration of Foreigners Act, 1939 (16 of 1939), the Foreigners Act, 1946 (31 of 1946), Trading with the Enemy (Continuance of Emergency Provisions) (16 of 1947), the Foreigners Law (Application and Amendment) Act, 1962 (42 of 1962), 15 the Foreign Exchange Regulation Act, 1973 (46 of 1973) and other enactments relating to foreigners and foreign exchange.
1 Subs. by Act 35 of 1993, s. 9, for "the Emigration Act, 1922 (7 of 1922)" (w.e.f. 1-7-1993).
2 Ins. by Act 31 of 1978, s. 5, ibid. (w.e.f. 18-8-1978).
2 Ins. by Act 31 of 1978, s. 5, ibid. (w.e.f. 18-8-1978).
Section 24 Power to make rules. 72 docs
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) 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:--
(a) the appointment, jurisdiction, control and functions of passport authorities;
(b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued;
(c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made;
(d) the period for which passports and travel documents shall continue in force;
(e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied;
1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;]
(f) the fees payable in respect of 2[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 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;
(g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities;
(h) 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 therefor;
(i) any other matter which is to be or may be prescribed 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.
(3) Every rule made under this Act shall be laid as soon as may be after it is 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 or 18 in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
(2) 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:--
(a) the appointment, jurisdiction, control and functions of passport authorities;
(b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued;
(c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made;
(d) the period for which passports and travel documents shall continue in force;
(e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied;
1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;]
(f) the fees payable in respect of 2[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 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;
(g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities;
(h) 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 therefor;
(i) any other matter which is to be or may be prescribed 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.
(3) Every rule made under this Act shall be laid as soon as may be after it is 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 or 18 in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993).
3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993).
3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978).
Section 25 Change of short title of Act 34 of 1920.
In the Indian Passport Act, 1920, in sub-section (1) of section 1, for the words and figures the Indian Passport Act, 1920," the words, brackets and figures "the Passport (Entry into India) Act, 1920 shall be substituted.
Section 26 Omitted.
[Saving as to certain passports and applications.]--Omitted by the Passports (Amendment) Act, 1993 (35 of 1993), s. 8 (w.e.f. 1-7-1993).
Section 27 Repeal and saving.
(1) The Passports Ordinance, 1967 (4 of 1967) is hereby repealed.
(2) 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, 1967.
(2) 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, 1967.