Pariwarik Suraksha (Regd.) Ph. 9312800559
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[Act No. 15 of 1967 dated 24th. June,
1967] 3. Passport or travel document for departure from India 4. Classes of passports and travel documents 5. Applications for passports, travel documents, etc., and
orders thereon 6. Refusal of passports, travel documents. etc. 7. Duration of travel document 4[8. Extention of
period of passport 9. Conditions and forms of passports and travel documents 10. Variation, impounding and revocation of passports and
travel documents 14. Power of search and seizure 15. Previous sanction of Central Government necessary 16. Protection of action taken in good faith 17. Passport and travel document to be property of Central
Government 19. Passports and travel documents to be invalid for travel
to certain countries 20. Issue of passports and travel documents to persons who
are not citizens of lndia 23. Act to be in addition to certain enactments 25. Change of short title of Act 34 of 1920 An Act to provide for the issue of
passports and travel documents, to regulate the departure from Be
it enacted by Parliament in the Eighteenth Year of the
(1) This Act may be called the Passports Act, 1967.
(2) It extends to the whole of In
this Act, unless the context otherwise requires, (a) "departure", with its
grammatical variations and cognate expressions, means departure from (b) "passport" means a passport
issued or deemed to have been issued under this Act; (c) "passport authority" means
an officer or authority empowered under rules made under this Act to issue
passports or travel documents and includes the Central Government; (d) "Prescribed" means
prescribed by rules made under this Act; (e) "travel document" means a
travel document issued or deemed to have been issued under this Act. 3. Passport or travel document for
departure from No
person shall depart from, or attempt to depart from, Explanation.-
For the purposes of this section,-
(a) "passport" includes a passport which having been issued by or
under the authority of the Government of a foreign country satisfies the
conditions prescribed under the Passport (Entry into India) Act, 1920 in
respect of the 34 of 1920 class of passports to which it belongs;
(b) "travel document" includes a travel document which having been
issued by or under the authority of the Government of a foreign country
satisfies the conditions prescribed. 4. Classes of passports and travel
documents
(1) The following classes of passports may be issued under this Act, namely: -
(a) ordinary passport;
(b) official passport;
(c) diplomatic passport.
(2) The following classes of travel documents may be issued under this Act,
namely: -
(a) emergency certificate authorising a person to enter
(b) certificate of identity for the purpose of establishing the identity of
person;
(c) such other certificate or document as may be prescribed.
(3) The Central Government shall, in consonance with the usage and practice
followed by it in this behalf, prescribe the classes of persons to whom the
classes of passports and travel documents referred to respectively in
sub-section (1) and sub-section (2) may be issued under this Act. 5. Applications for passports, travel
documents, etc., and orders thereon
1[(1) An application for the issue of a passport under this
Act for visiting such foreign country or countries (not being a named foreign
country) as may be specified in the application may be made to the passport
authority and shall be accompanied by 2[Such fee as may be
prescribed to meet the expenses incurred on special security paper, printing,
lamination and other connected miscellaneous services in issuing passports and
other travel documents]. Explanation.-
In this section, "named foreign country" means such foreign country
as the Central Government may, by rules made under this Act, specify in this
behalf.
(1A) An application for the issue of-
(i) a passport under this Act for visiting a named foreign country; or
(ii) a travel document under this Act, for visiting such foreign country or
countries (including a named foreign country) as may be specified in the
application or for an endorsement on the passport or travel document referred
to in this section, may
be made to the passport authority and shall be accompanied by such fee (if any)
not exceeding rupees fifty, as may be prescribed.
(1B) Every application under this section shall be in such form and contain
such particulars as may be prescribed.]
(2) On receipt of an application 3[under this section], the passport
authority, after making such inquiry, if any. as it may consider necessary,
shall, subject to the other provisions of this Act, by order in writing,-
(a) issue the passport or travel documents with endorsement, or, as the case
may be, make on the passport or travel document the endorsement, in respect of
the foreign country or countries specified in the application; or
(b) issue the passport or travel document with endorsement, or, as the case may
be, make on the passport or travel document the endorsement, in respect of one
or more of the foreign countries specified in the application and refuse to
make an endorsement in respect of the other country or countries; or
(c) refuse to issue the passport or travel document or, as the case may be,
refuse to make on the passport or travel document any endorsement.
(3) Where the passport authority makes an order under clause (b) or clause (c)
of sub-section (2) on the application of any person, it shall record in writing
a brief statement of its reasons for making such order and furnish to that
person on demand a copy of the same unless in any case the passport authority
is of the opinion that it will not be in the interests of the sovereignty and
integrity of India, the security of India, friendly relations of India with any
foreign country or in the interests of the general public to furnish such copy. 6. Refusal of passports, travel
documents. etc.
(1) Subject to the other provisions of this Act, the passport authority shall
refuse to make an endorsement for visiting any foreign country under clause (b)
or clause (c) of sub-section (2) of section 5 on any one or more of the
following grounds, and no other ground, namely: -
(a) that the applicant may, or is likely to, engage in such country in
activities prejudicial to the sovereignty and integrity of
(b) that the presence of the applicant in such country may, or is likely to, be
detrimental to the security of
(c) that the presence of the applicant in such country may, or is likely to,
prejudice the friendly relations of
(d) that in the opinion of the Central Government the presence of the applicant
in such country is not in the public interest.
(2) Subject to the other provisions of this Act, the passport authority shall
refuse to issue a passport or travel document for visiting any foreign country
under clause (c) of sub-section (2) of section 5 on any one or more of the
following grounds, and on no other ground, namely: -
(a) that the applicant is not a citizen of
(b) that the applicant may, or is likely to, engage outside
(c) that the departure of the applicant from
(d) that the presence of the applicant outside
(e) that the applicant has, at any time during the period of five years
immediately preceding the date of his application, been convicted by a court in
India for any offence involving moral turpitude and sentenced in respect
thereof to imprisonment for not less than two years;
(f) that proceedings in respect of an offence alleged to have been committed by
the applicant are pending before a criminal court in
(g) that a warrant or summons for the appearance, or a warrant for the arrest,
of the applicant has been issued by a court under any law for the time being in
force or that an order prohibiting the departure from
(h) that the applicant has been repatriated and has not reimbursed the
expenditure incurred in connection with such repatriation;
(i) that in the opinion of the Central Government the issue of a passport or
travel document to the applicant will not be in the public interest. 7. Duration of travel document A
passport or travel document shall, unless revoked earlier, continue in
force for such period as may be prescribed and different periods may be
prescribed for different classes of passports or travel documents or for
different categories of passports or travel documents under each such class: Provided
that a passport or travel document may be issued for a shorter period than the
prescribed period-
(a) if the person by whom it is required so desires; or
(b) if the passport authority, for reasons to be communicated in writing to the
applicant, considers in any case that the passport or travel document should be
issued for a shorter period. 4[8. Extention of period of passport Where
a passport is issued for a shorter period than the prescribed period under
section 7, such shorter period shall, unless the passport authority for reasons
to be recorded in writting otherwise determines, be extendable for a further
period (which together with the shorter period shall not exceed the prescribed
period) and provision of this Act shall apply to such extension as they apply
to the issue thereof.] 9. Conditions and forms of passports
and travel documents The
conditions subject to which, and the form in which, a passport or travel
document shall be issued or renewed shall be such as may be prescribed: Provided
that different conditions and different forms may be prescribed for different
classes of passports or travel documents or for different categories of
passports or travel documents under each such class: Provided
further that a passport or travel document may contain in addition, to the
prescribed conditions such other conditions as the passport authority may, with
the previous approval of the Central Government, impose in any particular case. 10. Variation, impounding and
revocation of passports and travel documents
(1) The passport authority may, having regard to the provisions of sub-section
(1) of section 6 or any notification under section 19, vary or cancel the
endorsements on a passport or travel document or may, with the previous
approval of the Central Government, vary or cancel the conditions (other than
the prescribed conditions) subject to which a passport or travel document has
been issued and may, for that purpose, require the holder of a passport or a
travel document, by notice in writing, to deliver up the passport or travel
document to it within such time as may be specified in the notice and the
holder shall comply with such notice.
(2) The passport authority may, on the application of the holder of a passport
or a travel document, and with the previous approval of the Central Government
also vary or cancel the conditions (other than the prescribed conditions) of
the passport or travel document.
(3) The passport authority may impound or cause to be impounded or revoke a
passport or travel document,-
(a) if the passport authority is satisfied that the holder of the passport or
travel document is in wrongful possession thereof;
(b) if the passport or travel document was obtained by the suppression of
material information or on the basis of wrong information provided by the
holder of the passport or travel document or any other person on his behalf;
5[Provided that if the holder of such passport obtains another
passport the passport authority shall also impound or cause to be impounded or
revoke such other passport]
(c) if the passport authority deems it necessary so to do in the interests of
the sovereignty and integrity of India, the security of India, friendly
relations of India with any foreign country, or in the interests of the general
public;
(d) if the holder of the passport or travel document has, at any time after the
issue of the passport or travel document, been convicted by a court in India
for any offence involving moral turpitude and sentenced in respect thereof to
imprisonment for not less than two years;
(e) if proceedings in respect of an offence alleged to have been committed by
the holder of the passport or travel document are pending before a criminal
court in
(f) if any of the conditions of the passport or travel document has been
contravened;
(g) if the holder of the passport or travel document has failed to comply with
a notice under sub-section (1) requiring him to deliver up the same;
(h) if it is brought to the notice of the passport authority that a warrant or
summons for the appearance, or a warrant for the arrest, of the holder of the
passport or travel document has been issued by a court under any law for the
time being in force or if an order prohibiting the departure from India of the
holder of the passport or other travel document has been made by any such court
and the passport authority is satisfied that a warrant or summons has been so
issued or an order has been so made.
(4) The passport authority may also revoke a passport or travel document on the
application of the holder thereof.
(5) Where the passport authority makes an order varying or cancelling the
endorsements on, or varying the conditions of, a passport or travel document
under sub-section (1) or an order impounding or revoking a passport or travel
document under sub-section (3), it shall record in writing a brief statement of
the reasons for making such order and furnish to the holder of the passport or
travel document on demand a copy of the same unless in any case, the passport authority
is of the opinion that it will not be in the interests of the sovereignty and
integrity of India, the security of India. friendly relations of
(6) The authority to whom the passport authority is subordinate may, by order
in writing, impound or cause to be impounded or revoke a passport or travel
document on any ground on which it may be impounded or revoked by the passport
authority and the foregoing provisions of this section shall, as far as may be,
apply in relation to the impounding or revocation of a passport or travel
document by such authority.
(7) A court convicting the holder of a passport or travel document of any
offence under this Act or the rules made thereunder may also revoke the
passport or travel document:
Provided that if the conviction is set aside on appeal or otherwise the
revocation shall become void.
(8) An order of revocation under sub-section (7) may also be made by an
appellate court or by the High Court when exercising its powers of revision.
(9) On the revocation of a passport or travel document under this section the
holder thereof shall, without delay, surrender the passport or travel document,
if the same has not already been impounded, to the authority by whom it has
been revoked or to such other authority as may be specified in this behalf in
the order of revocation.
(1) 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 or sub-section (1), or sub-section (3) of section 10 or by an order
under sub-section (6) of section 10 of the authority to whom the passport
authority is subordinate, may prefer an appeal against that order to such
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 by the Central
Government.
(2) No appeal shall be admitted if it is preferred after the expiry of the
period prescribed therefor:
Provided that an appeal may be admitted after the expiry of the period
prescribed therefor if the appellant satisfies the appellate authority that he
had sufficient cause for not preferring the appeal within that period.
(3) 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 thereunder.
(4) 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 6[by
such fee as may be prescribed for meeting the expenses that may be incurred in
calling for relevant records and for connected services]
(5) 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.
(6) Every order of the appellate authority confirming, modifying or reversing
the order appealed against shall be final.
(1) Whoever-
(a) contravenes the provisions of section 3; or
(b) knowingly furnishes any false information or suppresses any material
information with a. view to obtaining a passport or travel 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
(c) 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
(d) knowingly uses a passport or travel document issued to another person; or
(e) knowingly allows another person to use a passport or travel document issued
to him, shall
be punishable with imprisonment for a term which may extend to 7[two
years or with fine which may extend to five thousand rupees] or with both.
8[(1A) Whoever, not being a citizen of
(a) makes an application for a passport or obtains a passport by suppressing
information about in nationality, or
(b) 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 shall not be less than
ten thousand rupees but which may extend to fifty thousand rupees] or with
both.
(2) Whoever abets any offence punishable under 9[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.
(3) Whoever 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 may extend to five hundred
rupees or with both.
(4) Whoever, having been convicted of an offence under this Act, is again
convicted of an offence under this Act shall be punishable with double the
penalty provided for the latter offence,
(1) Any officer of customs empowered by a general or special order of the
Central Government in this behalf and any 10[officer of police or
emigration officer] not below the rank of a sub-inspector may arrest without
warrant any person against whom a reasonable suspicion exists 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.
(2) 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 11[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. 14. Power of search and seizure
(1) Any officer of customs empowered by a general or special order of the
Central Government in this behalf and any 10[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.
(2) The provisions of the 12[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. 15. 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 or such
officer or authority as may be authorized by that Government by order in
writing in this behalf. 16. 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. 17. Passport and travel document to be
property of Central Government A
passport or travel document issued under this Act shall in all times remain the
property of the Central Government. 13[***] 19. Passports and travel documents to
be invalid for travel to certain countries Upon
the issue of t notification by the Central Government that a foreign country
is-
(a) a country which is committing external aggression against
(b) a country assisting the country committing external aggression against
(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. 20. Issue of passports and travel
documents to persons who are not citizens of lndia 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 lndia if that
Government is of the opinion that it is necessary so to do in the public
interest. 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 as
may be specified in the notification. 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. 23. 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 14[Emigration
Act, 1983 (31 of 1983), the Registration of Foreigners Act, 1939 (16 of 1939),
the Foreigners Act, 1946 (31 of 1946), 15[***] the Trading with the
Ememy (Continuance of Emergency Provisions) Act, 1947 (16 of 1947), the
Foreigners Law (Application and Amendment) Act, 1962 (42 of 1962), 16[the
Foreign Exchange Regulation Act, 1973] and other enactments relating to
foreigners and foreign exchange.
(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 passport 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;
17[(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 18[[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:
(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 19[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 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 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 or anything previously done under
that rule. 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. 20[***]
(1) The Passports Ordinance, 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. 1.
Inserted by Act 31 of 1978, w.e.f. 18th. August, 1978. 2.
Substituted. for the words "a fee of rupees fifty" by the passports
(Amendment) Act 1993 (Act No. 35 of 1993) dated 3.
Inserted by Act 31 of 1978, w.e.f. 18th. August, 1978. 4.
Substituted by Act No. 35 of 1993 dated 13th. April, 1993 for earlier section
8. 5.
Proviso inserted by Act No. 35 of 1993 dated 13th. April, 1993. 6.
Substituted by Act No. 35 of 1993 dated 13th. April 1993, for the words and
brackets "by such fee (if any) not exceeding rupees twenty five as may be
prescribed". 7.
Substituted by Act No. 35 of 1993 dated 13th. April 1993, for the words
"Six months or with fine which may extend to two thousand rupees". 8.
Inserted by Act No. 35 of 1993 dated 13th April 1993. 9.
Substituted by Act. No. 35 of 1993 dated 13th April 1993. 10.
Substituted by Act No. 35 of 1993 dated 11.
Substituted by Act No. 31 of 1978, w.e.f. 18th. August 1978. 12.
Substituted by Act No. 31 of 1978. 13.
Earlier section 18 omitted by Act No. 35 of 1993 dated 13th. April 1993. 14.
Substituted by Act No. 35 of 1993 dated 13th. April, 1993 for the words and
figures "The Emigration Act, 1922". 15.
Omitted by Act No. 31 of 1978, w.e.f. 18th. August, 1978. 16.
Inserted by Act No. 31 of 1978, w.e.f. 18th. August, 1978. 17.
Inserted by Act No. 31 of 1978, w.e.f. 18th. August, 1978. 18.
Substituted by Act No. 35 of 1993 dated 13th April, 1993, for the words
"any application for the issue or the renewal of a passport". 19.
Substituted by Act No. 31 of 1978, w.e.f. 18th. August, 1978. 20.
Earlier section 26 omitted by Act No. 35 of 1993 dated 13th April, 1993. | ||||||||