THE FOREIGN RECRUITING ACT, 1874

An Act to control recruiting in 1*[India] for the service of Foreign
States.

Preamble.

WHEREAS it is expedient that the Central Government should exercise full control over recruiting in 1*[India] for the service of
Foreign States; It is hereby enacted as follows:–

1. Short title.- This Act may be called the Foreign Recruiting
Act, 1874.Local extent.

It extends to the whole of India 2***.

3* * * * *

2. “Foreign State” defined.- In this Act–

“Foreign State” includes any person or persons exercising or assuming to exercise the powers of Government in or over any country, colony, province or people beyond the limits of 4*[India].

3. Power to prohibit or permit recruiting.- If any person is, within the limits of 1*[India], obtaining or attempting to obtain recruits for the service of any Foreign State in any capacity, the
Central Government may, by order in writing 5***, either prohibit such person from so doing, or permit him to do so subject to any conditions which the Central Government thinks fit to impose.

4. Power to impose conditions.- The Central Government may from time to time, by general order notified in the Official Gazette, either prohibit recruiting for the service of any Foreign State, or impose upon such recruiting any conditions which it thinks fit.

5. Power to rescind or vary orders.- The Central Government may rescind or vary any order made under this Act in such manner as it thinks fit.

———————————————————————
1. Subs. by Act 3 of 1951, s. 3 and Sch., for “Part A States and
Part C States.”
2. The words “except Part B States” omitted by s. 3 and Sch., ibid.
3. The commencement cl. rep. by Act 12 of 1876, s. 1 and Sch.
4. Subs. by the A. O. 1950 for “the Provinces”.
5. The words “signed by a Secretary to the G. of I.” omitted by the
A. O. 1937.2.6.Offences.

6. Offences.- Whoever, in violation of the prohibition of the
Central Government, or of any condition subject to which permission to recruit may have been accorded,–

(a) induces or attempts to induce any person to accept or agree to accept or to proceed to any place with a view to obtaining any commission or employment in the service of any Foreign State, or

(b) knowingly aids in the engagement of any person so induced, by forwarding or conveying him or by advancing money or in any other way whatever,

shall be liable to imprisonment for a term which may extend to seven years, or to fine to such amount as the Court thinks fit, or to both.

7. Place of trial.- Any offence against this Act may be inquired into and tried, as well in any district in which the person accused may be found, as in any district in which it might be enquired into and tried under the provisions of the Code of Criminal Procedure. 1*
———————————————————————
1. See now the Code of Criminal Procedure, 1898 (5 of 1898).
 

Year : 1962

Act :

THE FOREIGN RECRUITING ACT, 1874.ACT NO. 4 OF 1874.[24th February, 1874.]

An Act to control recruiting in 1*[India] for the service of Foreign
States.

Preamble.

WHEREAS it is expedient that the Central Government should exercise full control over recruiting in 1*[India] for the service of
Foreign States; It is hereby enacted as follows:–

1.Short title.

1. Short title.- This Act may be called the Foreign Recruiting
Act, 1874.Local extent.

It extends to the whole of India 2***.

3* * * * *

2.”Foreign State” defined.

2. “Foreign State” defined.- In this Act–

“Foreign State” includes any person or persons exercising or assuming to exercise the powers of Government in or over any country, colony, province or people beyond the limits of 4*[India].

3.Power to prohibit or permit recruiting.

3. Power to prohibit or permit recruiting.- If any person is, within the limits of 1*[India], obtaining or attempting to obtain recruits for the service of any Foreign State in any capacity, the
Central Government may, by order in writing 5***, either prohibit such person from so doing, or permit him to do so subject to any conditions which the Central Government thinks fit to impose.

4.Power to impose conditions.

4. Power to impose conditions.- The Central Government may from time to time, by general order notified in the Official Gazette, either prohibit recruiting for the service of any Foreign State, or impose upon such recruiting any conditions which it thinks fit.

5.Power to rescind or vary orders.

5. Power to rescind or vary orders.- The Central Government may rescind or vary any order made under this Act in such manner as it thinks fit.

———————————————————————
1. Subs. by Act 3 of 1951, s. 3 and Sch., for “Part A States and
Part C States.”
2. The words “except Part B States” omitted by s. 3 and Sch., ibid.
3. The commencement cl. rep. by Act 12 of 1876, s. 1 and Sch.
4. Subs. by the A. O. 1950 for “the Provinces”.
5. The words “signed by a Secretary to the G. of I.” omitted by the
A. O. 1937.2.6.Offences.

6. Offences.- Whoever, in violation of the prohibition of the
Central Government, or of any condition subject to which permission to recruit may have been accorded,–

(a) induces or attempts to induce any person to accept or agree to accept or to proceed to any place with a view to obtaining any commission or employment in the service of any Foreign State, or

(b) knowingly aids in the engagement of any person so induced, by forwarding or conveying him or by advancing money or in any other way whatever,

shall be liable to imprisonment for a term which may extend to seven years, or to fine to such amount as the Court thinks fit, or to both.

7.Place of trial.

7. Place of trial.- Any offence against this Act may be inquired into and tried, as well in any district in which the person accused may be found, as in any district in which it might be enquired into and tried under the provisions of the Code of Criminal Procedure. 1*
———————————————————————
1. See now the Code of Criminal Procedure, 1898 (5 of 1898).
 

Year : 1962

Act :

THE FOREIGN RECRUITING ACT, 1874.ACT NO. 4 OF 1874.[24th February, 1874.]

An Act to control recruiting in 1*[India] for the service of Foreign
States.

Preamble.

WHEREAS it is expedient that the Central Government should exercise full control over recruiting in 1*[India] for the service of
Foreign States; It is hereby enacted as follows:–

1.Short title.

1. Short title.- This Act may be called the Foreign Recruiting
Act, 1874.Local extent.

It extends to the whole of India 2***.

3* * * * *

2.”Foreign State” defined.

2. “Foreign State” defined.- In this Act–

“Foreign State” includes any person or persons exercising or assuming to exercise the powers of Government in or over any country, colony, province or people beyond the limits of 4*[India].

3.Power to prohibit or permit recruiting.

3. Power to prohibit or permit recruiting.- If any person is, within the limits of 1*[India], obtaining or attempting to obtain recruits for the service of any Foreign State in any capacity, the
Central Government may, by order in writing 5***, either prohibit such person from so doing, or permit him to do so subject to any conditions which the Central Government thinks fit to impose.

4.Power to impose conditions.

4. Power to impose conditions.- The Central Government may from time to time, by general order notified in the Official Gazette, either prohibit recruiting for the service of any Foreign State, or impose upon such recruiting any conditions which it thinks fit.

5.Power to rescind or vary orders.

5. Power to rescind or vary orders.- The Central Government may rescind or vary any order made under this Act in such manner as it thinks fit.

———————————————————————
1. Subs. by Act 3 of 1951, s. 3 and Sch., for “Part A States and
Part C States.”
2. The words “except Part B States” omitted by s. 3 and Sch., ibid.
3. The commencement cl. rep. by Act 12 of 1876, s. 1 and Sch.
4. Subs. by the A. O. 1950 for “the Provinces”.
5. The words “signed by a Secretary to the G. of I.” omitted by the
A. O. 1937.2.6.Offences.

6. Offences.- Whoever, in violation of the prohibition of the
Central Government, or of any condition subject to which permission to recruit may have been accorded,–

(a) induces or attempts to induce any person to accept or agree to accept or to proceed to any place with a view to obtaining any commission or employment in the service of any Foreign State, or

(b) knowingly aids in the engagement of any person so induced, by forwarding or conveying him or by advancing money or in any other way whatever,

shall be liable to imprisonment for a term which may extend to seven years, or to fine to such amount as the Court thinks fit, or to both.

7.Place of trial.

7. Place of trial.- Any offence against this Act may be inquired into and tried, as well in any district in which the person accused may be found, as in any district in which it might be enquired into and tried under the provisions of the Code of Criminal Procedure. 1*
———————————————————————
1. See now the Code of Criminal Procedure, 1898 (5 of 1898).
 

Year : 1962

Act :

THE FOREIGN RECRUITING ACT, 1874.ACT NO. 4 OF 1874.[24th February, 1874.]

An Act to control recruiting in 1*[India] for the service of Foreign
States.

Preamble.

WHEREAS it is expedient that the Central Government should exercise full control over recruiting in 1*[India] for the service of
Foreign States; It is hereby enacted as follows:–

1.Short title.

1. Short title.- This Act may be called the Foreign Recruiting
Act, 1874.Local extent.

It extends to the whole of India 2***.

3* * * * *

2.”Foreign State” defined.

2. “Foreign State” defined.- In this Act–

“Foreign State” includes any person or persons exercising or assuming to exercise the powers of Government in or over any country, colony, province or people beyond the limits of 4*[India].

3.Power to prohibit or permit recruiting.

3. Power to prohibit or permit recruiting.- If any person is, within the limits of 1*[India], obtaining or attempting to obtain recruits for the service of any Foreign State in any capacity, the
Central Government may, by order in writing 5***, either prohibit such person from so doing, or permit him to do so subject to any conditions which the Central Government thinks fit to impose.

4.Power to impose conditions.

4. Power to impose conditions.- The Central Government may from time to time, by general order notified in the Official Gazette, either prohibit recruiting for the service of any Foreign State, or impose upon such recruiting any conditions which it thinks fit.

5.Power to rescind or vary orders.

5. Power to rescind or vary orders.- The Central Government may rescind or vary any order made under this Act in such manner as it thinks fit.

———————————————————————
1. Subs. by Act 3 of 1951, s. 3 and Sch., for “Part A States and
Part C States.”
2. The words “except Part B States” omitted by s. 3 and Sch., ibid.
3. The commencement cl. rep. by Act 12 of 1876, s. 1 and Sch.
4. Subs. by the A. O. 1950 for “the Provinces”.
5. The words “signed by a Secretary to the G. of I.” omitted by the
A. O. 1937.2.6.Offences.

6. Offences.- Whoever, in violation of the prohibition of the
Central Government, or of any condition subject to which permission to recruit may have been accorded,–

(a) induces or attempts to induce any person to accept or agree to accept or to proceed to any place with a view to obtaining any commission or employment in the service of any Foreign State, or

(b) knowingly aids in the engagement of any person so induced, by forwarding or conveying him or by advancing money or in any other way whatever,

shall be liable to imprisonment for a term which may extend to seven years, or to fine to such amount as the Court thinks fit, or to both.

7.Place of trial.

7. Place of trial.- Any offence against this Act may be inquired into and tried, as well in any district in which the person accused may be found, as in any district in which it might be enquired into and tried under the provisions of the Code of Criminal Procedure. 1*
———————————————————————
1. See now the Code of Criminal Procedure, 1898 (5 of 1898).

THE IMMIGRANTS (EXPULSION FROM ASSAM) ACT, 1950

An Act to provide for the expulsion of certain Immigrants from Assam.

Be it enacted by Parliament as follows:–

1.Short title and extent.

1. Short title and extent. (1) This Act may be called the
Immigrants (Expulsion from Assam) Act, 1950.

(2) It extends to the whole of India.

2.Power to order expulsion of certain immigrants.

2. Power to order expulsion of certain immigrants. If the Central
Government is of opinion that any person or class of persons, having been ordinarily resident in any place outside India, has or have.
whether before or after the commencement of this Act, come into Assam and that the stay of such person or class of persons in Assam is detrimental to the interests of the general public of India or of any section thereof or of any Scheduled Tribe in Assam, the Central
Government may by order–

(a) direct such person or class of persons to remove himself or themselves from India or Assam within such time and by such route as may be specified in the order; and

(b) give such further directions in regard to his or their removal from India or Assam as it may consider necessary or expedient;

Provided that nothing in this section shall apply to any person who on account of civil disturbances or the fear of such disturbances in any area now forming part of Pakistan has been displaced from or has left his place of residence in such area and who has been subsequently residing in Assam.

3.Delegation power.

3. Delegation power. The Central Government may, by notification
1* in the Official Gazette, direct that the powers and duties conferred or imposed on it by section 2 shall, subject to such conditions, if any, as may be specified in the notification, be exercised or discharged also by–

(a) any officer subordinate to the Central Government;

(b) the 2*[3*[Government of Assam, Meghalaya] or Nagaland]
or any officer subordinate to that Government.
———————————————————————-
1. See Notification No. F. 17-1/50-Pak. III, dated 20th March, 1950, in Gazette of India, 1950 Pt. I, p. 388.2. Subs. by the State of Nagaland (Adaptation of Laws on Union
Subjects) order, 1965, for “Government of Assam” (w.e.f. 1-12-1963).
3. Subs. by the North-Eastern Areas (Reorganisation) (Adaptation of
Laws on Union Subjects) Order, 1974, for “Government of Assam”
(w.e.f. 21-1-1972).

24.4.Power to give effect orders, etc.

4. Power to give effect orders, etc. Any authority empowered by or in pursuance of the provisions of this Act to exercise any power may, in addition to any other action expressly provided for in this
Act, take or cause to be taken such steps, and use or cause to be used such force, as may in its opinion be reasonably necessary for the effective exercise of such power.

5.Penalties.

5. Penalties. Any person who–

(a) contravenes or attempts to contravene or abets the contravention of any order made under section 2, or

(b) fails to comply with any direction given by any such order, or

(c) harbours any person who has contravened any order made under section 2 or has failed to comply with any direction given by any such order,

shall be punishable with imprisonment which may extend to three years and shall also be liable to fine.

6.Protection to persons acting under this Act.

6. Protection to persons acting under this Act. No suit, prosecution or other legal proceeding shall lie against any person for anything which in good faith done or intended to be done under this
Act.

7.Construction of references to Assam.

1*[7. Construction of references to Assam. In this Act, except in section 3, references to Assam shall be construed as including also a reference to 2*[the States of Meghalaya and Nagaland and the Union territories of Arunachal Pradesh and Mizoram.]]
———————————————————————-
1. Ins. by the State of Nagaland (Adaptation of Laws on Union
Subjects) Order, 1965 (w.e.f. 1-12-1963). Former section 7 was repealed by Act 36 of 1957, s 2 and Sch. I.
2. Subs. by the North-Eastern Areas (Reorganisation) Adaptation of
Laws on Union Subjects) Order, 1974, for “the State of Nagaland”
(w.e.f. 21-1-1972).

THE IMMIGRATION (CARRIERS LIABILITY) ACT, 2000

An Act to make the carriers liable in respect of passengers brought by them into India in contravention of the provisions of the Passport
(Entry into India) Act, 1920 and the rules made thereunder and matters connected therewith.

BE it enacted by Parliament in the Fifty-first Year of the Republic of
India as follows:-

1.Short title and extent.

1. Short title and extent.-(1) This Act may be called the Immigration
(Carriers Liability) Act, 2000.

(2) It extends to the whole of India.

2.Definitions.

2. Definitions.-(1) In this Act, unless the context otherwise requires,-

(a) “carrier” means a person who is engaged in the business of transporting passengers by water or air and includes any association of persons, whether incorporated or not, by whom the aircraft or the ship is owned or chartered;

(b) “Competent Authority” means the civil authority appointed under sub-paragraph (2) of paragraph 2 of the Foreigners Order, 1948 made under the Foreigners Act, 1946 (31 of 1946) or any other officer notified by the Central Government in this behalf;

(c) “prescribed” means prescribed by rules made under this Act.

(2) Words and expressions not defined in this Act but defined in the
Foreigners Act, 1946 (31 of 1946) or the Passport (Entry into India)
Act, 1920 (34 of 1920) shall have the meanings respectively assigned to them in those Acts.

3.Liability of carriers for passengers brouht into India.

3. Liability of carriers for passengers brought into India.-Where the competent authority is of the opinion that any carrier has brought a person in contravention of the provisions of the Passport (Entry into
India) Act, 1920 (34 of 1920) and rules made thereunder into India, he may by order impose a penalty of rupees one lakh on such carrier:

Provided that no order shall be passed without giving the carrier an opportunity of being heard in the matter.

4.Appeals.

4. Appeals.-(1) An appeal shall lie against the order made under section 3 of this Act to the Joint Secretary to the Government of
India in the Ministry of Home Affairs authorised in this behalf by that Government.

(2) Every such appeal shall be preferred within thirty days from the date of the order appealed against:

Provided that the appellate authority may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of thirty days, permit the appellant to prefer the appeal within a further period of thi ty days.

(3) On receipt of any such appeal, the appellate authority shall, after giving the parties a reasonable opportunity of being heard and after making such inquiry as it deems proper, make such order, as it may think fit, confirming, modifying or reversin the order appealed against.

(4) Every appeal shall be preferred on payment of such fees as may be prescribed.

5.Recovery of penalty due to Government.

5. Recovery of penalty due to Government.-Where any penalty imposed under this Act is not paid, the competent authority may recover the penalty so payable by seizing, detaining or selling-

(a) the aircraft or the ship; or

(b) any goods on the ship or aircraft, belonging to the carrier.

6.Bar of legal proceedings.

6. Bar of legal proceedings.-No suit, prosecution or other legal proceeding shall lie against the Central Government or the competent authority or any officer of the Central Government or any other person exercising any powers or discharging any functi ns or performing any duty under this Act for anything in good faith done or intended to be done under this Act or any rule made thereunder.

7.Application of Acts 16 of 1939, 34 of 1920 and 31 of 1946 not barred.

7. Application of Acts 16 of 1939, 34 of 1920 and 31 of 1946 not barred.-The provisions of this Act and the rules made thereunder shall be in addition to, and not in derogation of, the Registration of
Foreigners Act, 1939, the Passport (Entry into Indi ) Act, 1920 and the Foreigners Act, 1946 or the rules or orders made thereunder.

8.Power to make rules.

8. Power to make rules.-(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-

(a) the fees which shall be paid for appeals under sub-section (4) of section 4;

(b) any other matter which is required to be, or may be, prescribed.

9.Rules to be laid before Parliament.

9. Rules to be laid before Parliament.-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 i 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 m de, 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.

10.Power to remove difficulties.

10. Power to remove difficulties.-(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, do anything not inconsistent with such provisions for the purpose of removing the difficulty:

Provided that no such order shall be made after the expiry of two years from the commencement of this Act.

(2) Every order under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

THE IMMIGRATION (CARRIERS LIABILITY) AMENDMENT ACT, 2005

An Act to amend the Immigration (Carriers Liability) Act, 2000.

BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:-

1. Short title.-This Act may be called the Immigration (Carriers Liability) Amendment Act, 2005.

2. Insertion of new section 3A to Act 52 of 2000.-After section 3 of the Immigration (Carriers Liability) Act, 2000, the following section shall be inserted, namely:-

“3A. Power to exempt.-(1) Without prejudice to the provisions of the Passport (Entry into India) Act, 1920 (34 of 1920) and the rules made thereunder, if the Central Government is of opinion that it is necessary or expedient in the interest of the general public or to fulfil the international obligation, it may, by order notified in the Official Gazette and subject to such conditions as may be specified in the order, exempt any carrier or class of carriers from the operations of all or any of the provisions of this Act and may, as often as may be necessary, revoke or modify such order.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.”.

THE PASSPORT (ENTRY INTO INDIA) ACT, 1920

An Act to take power to require passports of persons entering
2*[India].

WHEREAS it is expedient to take power to require passports of persons entering 2*[India]; It is hereby enacted as follows:-

1.Short title and extent.

1. Short title and extent.- (1) This Act may be called 3*[the
Passport (Entry into India) Act, 1920].

(2) It shall extend to 4*[the whole of India], 5***.

2.Definitions.

2. Definitions. – In this Act, unless there is anything repugnant in the subject or context,-

“entry” means entry by water, land or air;

“passport” means a passport for the time being in force issued or renewed by the prescribed authority and satisfying the conditions prescribed relating to the class of passports to which it belongs; and

“prescribed” means prescribed by rules made under this Act.

3.Power to make rules.

3. Power to make rules.- (1) The Central Government may make rules
6* requiring that persons entering 7*[India] shall be in possession of passports, and for all matters ancillary or incidental to that purpose.

(2) Without prejudice to the generality of the foregoing power such rules may-

(a) prohibit the entry into 7*[India] or any part thereof of any person who has not in his possession a passport issued to him;

———————————————————————-
Extended to Sikkim (w.e.f. 20.9.1976) vide Notifn. No. S. O. 3392, dated 3.9.1976.1. This Act has been extended to Goa, Daman and Diu with modifications by Regulation 12 of 1962, s. 3 and Sch.; to Dadra and Nagar Haveli by Regulation 6 of 1963, s. 2 and Sch. I; and to Laccadive, Minicoy and Amindivi Islands by Regulation 8 of 1965, s. 3 and Sch.
2. Subs. by Act 36 of 1949, s. 2, for “the Provinces of India”.
3. Subs. by Act 15 of 1967, s. 25, for “the Indian Passport Act.
1920”.
4. Subs. by Act 36 of 1949, s. 3, for “all the Provinces of India”.
5. The words “excluding the State of Hyderabad” subs. by the A.O.
1950. omitted by Act 3 of 1951, s. 3 and Sch.
6. For Passport (Entry into India) Rules, 1950, see Gazette of India,
1950, Pt. II, Sec. 3, p. 91.7. Subs. by Act 36 of 1949, s. 4, for “Provinces”.

2.(b) prescribe the authorities by whom passports must have been issued or renewed, and the conditions with which they must comply, for the purposes of this Act; and

(c) provide for the exemption, either absolutely or on any condition, of any person or class of persons from any provision of such rules.

(3) Rules made under this section may provide that any contravention thereof or of any order issued under the authority of any such rule shall be punishable with imprisonment for a term which may extend to three months, or with fine or with both.

(4) All rules made under this section shall be published in the
Official Gazette, and shall thereupon have effect as if enacted in this Act.

1*[(5) 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 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.]

4.Power of arrest.

4. Power of arrest.- (1) Any officer of police, not below the rank of a sub-inspector, and any officer of the Customs Department empowered by a general or special order of the 2*[Central Government]
in this behalf may arrest without warrant any person who has contravened or against whom a reasonable suspicion exists that he has contravened any rule or order made under section 3.(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 section 61 of the
Code of Criminal Procedure, 1898, (5 of 1898) shall, so far as may be, apply in the case of any such arrest.

5.Power of removal.

5. Power of removal. – The 2*[Central Government] may, by general or special order, direct the removal of any person from 3*[India] who, in contravention of any rule made under section 3 prohibiting entry into 3*[India] without passport, has entered therein, and thereupon any officer of the Government shall have all reasonable powers necessary to enforce such direction.

6.Application of Act to Part B States.

4*6. [Application of Act to Part B States.] Rep. by the Part B
States (Laws) Act, 1951 (3 of 1951), s. 3 and Sch.
———————————————————————-
1. Ins. by Act 4 of 1986, s.2 and Sch. (w.e.f. 15.5.1986)
2. Subs. by the A.O. 1937 for “L.G”.
3. Subs. by Act 36 of 1949, s. 4, for “the Provinces”.
4. Ins. by s. 5, ibid.

THE PASSPORT (ENTRY INTO INDIA) AMENDMENT ACT, 2000

An Act further to amend the Passport (Entry into India) Act, 1920.BE it enacted by Parliament in the Fifty-first Year of the Republic of
India as follows:-

1.Short title.

1. Short title.-This Act may be called the Passport (Entry into
India) Amendment Act, 2000.

2.Amendment of section 3.2. Amendment of section 3.-In section 3 of the Passport (Entry into
India) Act, 1920 (34 of 1920) (hereinafter referred to as the principal Act), in sub-section (3), for the words “punishable with imprisonment for a term which may extend to three months, or with fine, or with both”, the words “punishable with imprisonment for a term which may extend to five years, or with fine which may extend to fifty thousand rupees, or with both” shall be substituted.

3.Insertion of new section 3A.

3. Insertion of new section 3A.-After section 3 of the principal Act, the following section shall be inserted, namely:-

“3A. Punishment for subsequent offences.-Whoever having been convicted of an offence under any rule or order made under this Act is again convicted of an offence under this Act shall be punishable with double the penalty provided for the later offence.”.

4.Amendment of section 4.4. Amendment of section 4.-In section 4 of the principal Act, in sub-section (2), for the words and figures “section 61 of the Code of
Criminal Procedure, 1898 (5 of 1898),”, the words and figures “section
57 of the Code of Criminal Procedure, 1973 (2 of 1974),” shall be substituted.

THE PASSPORTS (AMENDMENT) ACT, 2002

An Act further to amend the Passports Act, 1967.BE it enacted by Parliament in the Fifty-third Year of the Republic of
India as follows:-

1.Short title and commencement.

1. Short title and commencement.-(1) This Act may be called the
Passports (Amendment) Act, 2002.(2) It shall be deemed to have come into force on the 23rd day of
October, 2001.2.Insertion of new sections 10A and 10B.

2. Insertion of new sections 10A and 10B.- After section 10 of the
Passports Act, 1967 (15 of 1967) (hereinafter referred to as the principal Act) the following sections shall be inserted, namely:-

10A. Suspension of passports or travel documents in certain cases.-(1) Without prejudice to the generality of the provisions contained in section 10, if the Central Government or any designated officer is satisfied that the passport or travel document is likely to be impounded or caused to be impounded or revoked under clause (c) of sub-section (3) of section 10 and it is necessary in the public interest so to do, it or he may,-

(a) by order, suspend, with immediate effect, any passport or travel document;

(b) pass such other appropriate order which may have the effect of rendering any passport or travel document invalid,

for a period not exceeding four weeks:

Provided that the Central Government or the designated officer may, if it or he considers appropriate, extend, by order and for reasons to be recorded in writing, the said period of four weeks till the passport or travel document under section 10 are concluded:
proceedings relating to variation, impounding or re vocation of

Provided further that every holder of the passport or travel document, in respect of whom an order under clause (a) or clause (b) of this sub-section had been passed, shall be given an opportunity of being heard within a period of not later than eight we eks reckoned from the date of passing of such order and thereupon the Central Government may, if necessary, by order in writing, modify or revoke the order passed under this sub-section.

(2) The designated officer shall immediately communicate the orders passed under sub-section (1), to the concerned authority at an airport or any other point of embarkation or immigration, and to the passport authority.

(3) Every authority referred to in sub-section (2) shall, immediately on receipt of the order passed under sub-section (1), give effect to such order.

10B. Validation of intimations.- Every intimation, given by the
Central Government or the designated officer, before the commencement of the Passports (Amendment) Act, 2002, to any immigration authority at an airport or any other point of embarkation or mmigration,
.restricting or in any manner prohibiting the departure from India of any holder of the passport or travel document under sub-section (3) of section 10, shall be deemed to be an order under sub-section (1) of section 10A and such order sha l continue to be in force for a period of three months form the date of commencement of the Passports
(Amendment) Act, 2002 or the date on giving such intimation, whichever is later.

Explanation.- For the purposes of sections 10A and 10B, the expression
“designated officer” means such officer or authority designated, by order in writing, as such by the Central Government..

3.Repeal and saving.

3. Repeal and saving.- (1) The Passports (Amendment) Second
Ordinance, 2001 (Ord. 11 of 2001) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.

THE PASSPORTS ACT, 1967

An Act to provide for the issue of passports and travel documents to regulate the departure from India of citizens of India and other persons for matters incidental or ancillary thereto.

BE it enacted by Parliament in the Eighteenth Year of the
Republic of India as follows :–

1.Short title and extent.

1. Short title and extent. (1) This Act may be called the
Passports Act, 1967.(2) It extends to the whole of India and applies also to citizens of India who are outside India.

2.Definitions.

2. Definitions. In this Act, unless the context otherwise requires,–

(a) “departure”, with its grammatical variations and congnate expressions, means departure from India by water, land or air;

(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 India.

3. Passport or travel document for departure from India. No person shall depart from, or attempt to depart from India unless he holds in this behalf a valid passport or travel document.

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, (34.of 1920) in respect of the 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.

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.

28.(2) The following classes of travel documents may be issued under this Act, namely:–

(a) emergency certificate authorising a person to enter
India;

(b) certificate of identity for the purpose of establishing the identity of a 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.

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 such 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 document 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.
———————————————————————
1. Subs. by Act 31 of 1978, s. 2, for sub-section (1).
2. Subs. by Act 35 of 1993, s. 2 (w.e.f. 1-7-1993)
3. Ins. by Act 31 of 1978 s.2,

29.(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.

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 on 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 India;

(b) that the presence of the applicant in such country may, or is likely to, be detrimental to the security of
India;

(c) that the presence of the applicant in such country may, or is likely to, prejudice the friendly relations of
India with that or any other country;

(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 India;

(b) that the applicant may, or is likely to, engage outside
India in activities prejudicial to the sovereignty and integrity of India;

(c) that the departure of the applicant from India may, or is likely to, be detrimental to the security of India;

(d) that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations of
India with any foreign country;

(e) that the applicant has, at any time during the period of five years immediately preceding the date of his

30

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 India;

(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
India of the applicant has been made by any such court;

(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 passports and travel documents.

7. Duration of passports and travel documents. 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.

8.Extension of period of Passport.

1*[8. Extension 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 writing otherwise determines, be extendable for a further period (which together with the shorter period shall not exceed the prescribed period) and the provisions of this Act shall apply to such extension as they apply to the issue thereof.]

9.Conditions and forms of passports and travel documents.

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
———————————————————————
1. Subs. by Act 35 of 1993, s. 3 (w.e.f. 1-7-1993).

31.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 traveldocuments.

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;

1*[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 India;
———————————————————————
1. Ins. by Act 35 of 1993, s. 4 (w.e.f. 1-7-1993)

32.(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 India with any foreign country or in the interests of the general public to furnish such a copy.

(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.

33.(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.

11.Appeals.

11. Appeals. (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 provisio 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 satisfied 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 1*[“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 or representing his case.

(6) Every order of the appellate authority confirming, modifying or reversing the order appealed against shall be final.

12.Offences and penalties.

12. Offences and penalties. (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,
———————————————————————
1. Subs. by Act 35 of 1993, s. 5 (w.e.f. 1-7-1993)

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

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

(a) makes an application for a passport or obtains a passport by suppressing information about his 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 which 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.]

(2) Whoever abets any offence punishable under 1*[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.

13.Power to arrest.

13. Power to arrest. (1) Any officer of customs empowered by a general or special order of the Central Government in this behalf and any 2*[officers 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 3*[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.

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 2*[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 4*[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.

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.

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 under this Act.

17.Passports and travel documents to be property of Central Government.

17. Passports and travel documents to be property of Central
Government. A passport or travel document issued under this Act shall at all times remain the property of the Central Government.
———————————————————————
1. Subs. by s. 4, ibid., for certain words.
2. Subs. & Ins. by Act 35 of 1993, s. 6 (w.e.f. 1-7-1993).
3. Subs. by Act 31 of 1978, s. 3, for certain words.
4. Subs. by s. 7, ibid. (w.e.f. 1-7-1993).

35.1* * * * *

19.Passports and travel documents to be invalid for travel to certaincountries.

19. Passports and travel documents to be invalid for travel to certain countries. 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.

20.Issue of passports and travel documents to persons who are notcitizens of India.

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.

21.Power to delegate.

21. 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 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.
———————————————————————
1. Omitted by Act 35 of 1993, s. 8 (w.e.f. 1-7-1993).

36.22.Power to exempt.

22. 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,–

(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.

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),
1*[the Emigration Act, 1983 (31 of 1983)] the Registration of
Foreigners Act, 1939 (16 of 1939), the Foreigners Act, 1946 (31.of 1946), 2* the Trading with the Enemy (Continuance of Emergency
Provisions) Act, 1947 (16 of 1947), the Foreigners Law (Application and Amendment) Act, 1962 (42 of 1962), 3*[the Foreign Exchange
Regulation Act, 1973 (46 of 1973)] and other enactments relating to foreigners and foreign exchange.

24.Power to make rules.

24. Power to make rules. (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. Subs. by Act 35 of 1993, s. 9 (w.e.f. 1-7-1993).
2. The words “the Foreign Exchange Regulation Act, 1947” omitted by
Act 31 of 1978, s. 5.3. Ins. by Act 31 of 1978, s. 5, ibid.

37.1*[(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 3*[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.

25.Change of short title of Act 34 of 1920.25. 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.

4* * * * *
———————————————————————
1. Ins. by Act 31 of 1978, s. 6.2. Subs. by Act 35 of 1993 s. 10 (w.e.f. 1-7-1993).
3. Subs. by s. 6, ibid., for certain words.
4. Omitted by Act 35 of 1993, s. 8 (w.e.f. 1-7-1993).

38.27.Repeal and saving.

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.

THE REGISTRATION OF FOREIGNERS ACT, 1939

An Act to provide for the registration of foreigners in British India.

WHEREAS it is expedient to provide for the registration of foreigners entering, being present in, and departing from, British India;

1.Short title and extent.

1. Short title and extent. (1) This Act may be called the
Registration of Foreigners Act, 1939.(2) It extends to 2[the whole of India]

2.Definitions.

2. Definitions. In this Act-

3[ (a)” foreigner ” means a person who is not a citizen of India;]

4* * * *
* *

(b) “prescribed ” means prescribed by rules made under this Act.

3.Power to make rules.

3. Power to make rules. [(1)]8 The Central Government may after previous publication, by power to notification in the Official
Gazette, make rules 6 with respect to make rules. foreigners for any or all of the following purposes, that is to say-

(a)for requiring any foreigner entering, or being present in, 7[India]
to report his presence to a prescribed authority
———————————————————————

*This Act has been extended to-

Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and
Sch. Pondicherry with, modifications vide Notification No. G.S.R.
1557. dated 24-11-1962, Gazette of India, Part 11, Sec. 3 (i), p. 1886.; brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2.and Sch. I. (w.e.f. 1-7-1965) ;

Lakshadweep vide Reg. 8 of 1665, s. 3 and Sch. (w.e.f. 1-10-1967)
Sch. (w.e.f. 1-10-1967).

the State of Sikkim vide Notification No. G.S.R. 41 (E), dated 27-1-
1976 (w.e.f. 1-2-1976).

1 Subs. by Act 37 of 1949, s. 2, for “the Provinces of India”.

2 Subs. by s. 3, ibid., for “all the Provinces of India”.

3 The words “except the State of Hyderabad”, ins. by the A.O. 1950, omitted by Act 3 of 1951, s. 3 and Sch.

4 Subs. by Act 11 of 1957, s, 8, for the former clause (w.e.f. 19-1-
1957).

5 Cl. (aa), ins. by the A.O. 1950, omitted by Act 3 of 1951, s. 3.and Sch.

6 For Registration of Foreigners Rules. 1939, see Gazette of India,
1939, Pt. I, P. 1059.7 Subs. by Act 37 of 1949, s. 4. for “the Provinces”.

8 Renumbered by Act 4 of 1986 , s. 2, such. (w.e.f. 15-5-1986)

4.within such time and in such manner and with such particulars as may be prescribed;

(b)for requiring any foreigner moving from one place to another place in 1[India] to report, on arrival at such other place, his presence to a prescribed authority within such time and in such manner and with such particulars as may be prescribed;

(c) for requiring any foreigner who is about to leave 1[India] to report the date of his intended departure and such other particulars as may be prescribed to such authority. and within such period before departure as may. be prescribed;

(d) for requiring any foreigner entering, being present in, or departing from, 1[India] to produce, on demand by a prescribed authority, such proof of his identity as may be prescribed;

(e) for requiring any person having the management of any hotel, boarding-house, sarai or any other premises of like nature to report the name of any foreigner residing therein for whatever duration, to a prescribed authority, within such time and in such manner and with such particulars as may be prescribed;

(f) for requiring any person having the management or control of any vessel or aircraft to furnish to a prescribed authority such information as may be prescribed regarding any foreigner entering, or intending to depart from, 1[India], in such vessel or aircraft, and to furnish to such authority such assistance as may be necessary or pres-
cribed for giving effect to this Act;

2(4) Every rule made under this section 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 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 there after 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 tinder that rule.]

(g)for providing for such other incidental or supplementary matters as may appear to the Central Government necessary or expedient for giving effect to this Act.

4.Burden of proof.

4.Burden of proof.If any question arises with reference to this Act or any rule made thereunder, whether any person is or is not a foreigner, or is or is not a foreigner of a particular class or description, the onus of proving that such person is not a foreigner or is not a foreigner of

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1. Subs. by Act 37 of 1949, s. 4, for “the Provinces”

2. Ins. by Act 4 of 1986, S. 2 & Sch(w.e.f. 15-5-1956)

4A

such particular class or description, as the case may be, shall, not withstanding anything contained in the Indian Evidence Act, 1872 (1 of
1872 ) lie upon such person.

5.Penalties.

5. Penalties. Any person who contravenes, or attempts to contravene, or fails to comply with, any provision of any rule made under this Act shall be punished, if a foreigner, with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both, or if not a foreigner, with fine which may extend to five hundred rupees.

6.Power to exempt from application of Act.

6. Power to exempt from application of Act. The Central Government may, by order 1, declare that any or all of the provisions of the rules made under this Act shall not apply

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1 for Registration of Foreigners Exemption Order, 1949, see
Gazette of India 1949, Pt. I, P. 1591.
5.or shall apply only with such modifications or subject to such conditions as may be specified in the said order, to or in relation to any individual foreigner or any class or description of foreigner :

Provided that a copy of every such order shall be placed on the table of 1* * * Parliament as soon as may be after its promulgation.

7.Protection to persons acting under this Act.

7. Protection to persons acting under this Act. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this
Act.

8.Application of other laws not barred.

8. Application of other laws not barred. The provisions of this Act shall be in addition to, and not in derogation of, the provisions of the Foreigners Act, 2[1946] (31 of 1946.) and any other law for the time being in force.

9.Application of Act to Part B States.

9. Application of Act to Part B States. [Application of Act to
Part B States.] Rep. by the Part B States (Laws) Act, 1951 (3 of
1951), s. 3 and Sch.

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1 The words ” both Houses of ” rep. by the A.O. 1948.2 Subs. by Act 37 of 1949, s. 5, for ” 1864″.

3 Added, ibid, s. 6.