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PASSPORTS (AMENDMENT) ACT, 2002

Ministry of Law and Justice

Act nº 17 of 2002


  • Act nº 17 of 2002

Preamble

THE PASSPORTS (AMENDMENT) ACT, 2002

(AS PASSED BY THE HOUSES OF PARLIAMENT)

[Act, No. 17 of 2002]

[16th March, 2002]

PREAMBLE

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:--

Section 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.

Section 3. 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 proceedings relating to variation, impounding or revocation of passport or travel document under section 10 are concluded:

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 he given an opportunity of being heard within a period of not later than eight weeks 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 immigration, 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 (I) of section 10A and such order shall continue to be in force for a period of three months from the date of commencement of the Passports (Amendment) Act, 2002, or the date of 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.'.

Section 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.