What is Passport?
Is passport a right?
what are the types of Passport?
Diplomatic Passports
In which form should you apply for a fresh passport?
Index Card
Card for machine writing
Acknowledgement Card
What are the recent changes in the New Application Form?
Where from to obtain Application Forms?
What is the prescribed fee & How it is paid?
How to Apply?
Documents
Out of Turn Issue of Passport
Tatkal Scheme
Delivery of Passports
Passport for Minors
Time Frame for Issue of Passports
Machine Writing of Passports
Re-issue of Expired Passport
Conditions relating to issue of a Passport
Caution
Redressal of Complaints
When a Passport Authority can Refuse a Passport
Impounding or Revocation of a Passport
Appeal
Offence and Penalties
Passport to be Invalid for Travel |
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| Right to Travel Abroad |
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As on today the law is very clear that right to travel aborad is a fundamental right guaranteed under Article 21 of the Constitution of India. It has been laid down in Satwant Singh Sawhney vs. Assistant Passport Officer, AIR 1967 SC 1836 and the same has been reiterated in Meneka Gandhi vs. Union of India AIR, 1978 SC 597. Therefore, the right cannot be curtailed whimsically and arbitrarily except in a manner known to law. The law on the subject is governed by Passport Act, 1967 whereby section 3, clearly lays down that no person shall depart from this country unless he holds on this behalf a valid passport or travel document. |
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| What is Passport ? |
A passport is a document which by its nature and purpose is a political document for the benefit of its holder. it recognizes him as a citizen of the country granting it and is in the nature of a request to the other country for his free passage there. There can, therefore, be no doubt that a passport is a document of importance for travel abroad and is of considerable value to the holder. [Nrisingha Murali Charkaborty vs. State of West Bengal AIR 1977 SC 1174 at pp. 1175, 1176].
A passport is an identity of a person during his stay in foreign country, the nationality of person is not recognised in other country. So without a passport a person cannot be permitted to move into another country. Passport can be used basides identity or recognition, for different purposes. [Satwant Singh Sawhney vs. Assistant Passport Officer, AIR 1967 SC 1836]. |
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| Is Passport a Right ? |
Yes, you have a right to obtain a passport within the prescribed time frame and without harassment. |
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| What are the Types of Passport ? |
The following classes of passports may be issued under the Passport Act, 1967: |
| (i) |
Ordinary Passport |
| (ii) |
Official Passport |
| (iii) |
Diplomatic Passport |
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| Ordinary Passport: It is issued to citizens of India. |
| Official Passport : These are issued to the following classes of persons : |
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| (i) |
Government officials and non-officials when their passages are paid by the Government and members of their families, when such members of the families, also proceed out of India at the expenses of Government. |
| (ii) |
Officials of Reserve Bank of India, the State Bank of India, Nationalized Banks, corporations, undertakings and other institutions owned or controlled by the State and officials of autonomous bodies set up by he State, proceeding out of India on the official work of their respective organizations; and the members of their families when such members also proceed out of India at the expense of such organizations. |
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| (iii) |
Permanent Government Oficials on deputation to foreign Govern-mens, the United Nations Organisations and its specialized agencies and other inter-Government organizations/agencies recognized by the Government of India, and the members of their families, provided such deputation is arranged through the Government of India. |
| (iv) |
Government Officials sponsored by the Ministries in the Government of India and their departments, for attending international conferences, seminars and meetings or for undergoing training either independently or under any of the scholarship schems for the time being in force, provided he deputation out of India is treated as duty and the Government official is allowed to draw his duty pay and allowances in india and the members of the family of such official deputed out of India for a period not less than twelve months when travelling with or joining such oficial at his post abroad. |
| (v) |
Fully dependent mother/father/mother-in-law/brother/sister of an officer belonging to Indian Foreign Service (Branch B) and fully dependent mother-in-law/brother/sister of an officer belonging to Indian Foreign Service (Branch A), when proceeding out of India, with the permission of the Government, to reside with the officer at the place of his posting abroad. |
| (vi) |
Any other person who, in the opinion of the Government of India should have an official passport because of the nature of his foreign missions. |
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| Note:The following person shall not be entitled to the issue of official passports, namely: |
| (a) |
Persons sponsored by a Government department for attending international conferences, seminars and meetings or for studies or training outside India either independently or under any of the scholarship schemes for the time being in force when such persons go on study leave or leave of any other kind. |
| (b) |
Persons proceeding outside India at their own expenses on commercial or other purposes although a department of the Government certifies that such purpose would be in Government interest. |
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Diplomatic Passports :
These are issued to the following classes of persons : |
| (i) |
(a) |
Officers of the Indian foreign Service (Branch A) when proceeding out of Indian on official business. |
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(b) |
Such oficers of the Indian Foreign Service (Branch B) and the other officers of the Ministry of External Affairs or other Ministries or Department of the Government of India who are proceeding abroad on official business or are posted to Indian Mission or Posts abroad, as may be determined by the Foreign Service Board in the Ministry of External Affairs. |
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(c) |
Wife or official hostess or husband, as the case may be, dependent son, dependent unmarried, separated, divorced or windowed daughter, dependent parents fo an officer referred to in (a) and (b) above when travelling with or joining such officer at his post abroad, on condition of dependent status being recognised by the Ministry. |
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Note: Any member of the family referred to in (c) above of an officer who is actually holding deplomatic assignment abroad may also be issued a diplomatic passport for staying in a country other than te country of accreditation of the officer for study or other purposes approved by the Central Government. A diplomatic passport issued in such a case shall, however, be surrendered when the diplomatic assignment of the officer is terminated or when the officer is posted back to headquarters. |
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| (ii) |
(a) |
A person having or having been granted a diplomatic status either because of the nature of his foreign mission or because of the position he holds, as may be determined by the Central Government. |
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(b) |
Wife or husband, as the case may be, of a person referred to in (a) above when accompanying the said person. |
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| In which Form should you apply for a fresh Passport ? |
| An application for a fresh passport should be made in revised Form No. 1. The revised Form No. 1. consists of three cards & eighteen pages as under : |
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| Index Card |
| This card (front side) should be filledin by applicant in Block Letters. Back side of the card is filled by e Regional Passport Office. It is meant for the purpose of keeping permanent record by te Regional Passport Office. |
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Card for Machine Writing
This card (front side) is also filled-in by the applicant in Block Letters in Black Ink. Back side of the card is filled by the Regional Passport Office. As and when the computer writing of the Passport is introduced, the information in the Card will be used by the computer operator for computer writing of the passport. |
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Acknowledgement Card
This card (both sides) is also filled in by the applicant and is used by the application form for passport and other documents. |
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| Pages No. 1 to 4 :
These consist of main application form and should be filled in extremely carefully in Block Letters.
Please ensure that details of passport, if any, held earlier are given. If passport was applied for but not issued for any reason, please furnish file number or key number and date of submission of passport application to avoid future complications. |
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| Pages 5 & 6 :
In page 5 specimen signatures or thumb impression of applicant in the boxes given and on the two stickers should be given. Two clear photographs (without signature) may also be pasted in the boxes provided for this purpose. Sing with black ball point pen only. Kindly note the earlier practice of giving two photographs in separate envelope has been dispensed with. Nothing should be written in the blank space mean for office use on page 5 & 6. |
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| Pages 7 to 10:
These pages constitute Personal Particulars Form in duplicate and are needed by the regional Passport Office for the purpose of Police Verification. The form should be filled - in completely and correctly otherwise delay in issue of passport may occur due to late / note re3ceipt of Police Verification Report.
If the applicant has not continuously stayed at the present address for the last one year, please photocopy the 'Personal Particulars form' and enclose an additional set (in duplicate with photographs) for each additional of stay. |
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| Pages 11 to 18 :
These pages consist of Passport Information Booklet. The instructions contained in the booklet should be read carefully before filling the form. Before submitting the application remove and keep the booklet for future handy reference. |
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| What are the recent changes in the New Application Form ? |
| The new form incorporates the following changes. |
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| (i) |
Period of Police Verification / Certification from Deputy secretary etc. has beenreduced from two years to one year. |
| (ii) |
The requirement of giving two photograph in a separate envelope has been dispensed with. Instead of it,two extra photographs have to be pasted on a separate sheet provided in the form. |
| (iii) |
Column meant for declaration of parents / guardian in case of passport for minor, now clearly provides for signatures by both the parents / guardian. |
| (iv) |
Affidavit to be submitted by illiterate applicant as proof of date of birth can now also be attested by Notary Public as against the earlier requirement of attestation by the Magistrate only. |
| (v) |
A new card has been added for machine writing of the Passport. |
| (vi) |
While applying fora minor's passport, attested photocopy of passport if any of both parents should incorporate their present marital status. Moreover, at least one of parents of the minor child must hold a valid Indian passport failing which passport to minor applicant shall be issued only after receipt of clear police report. |
| (vii) |
The cut off period for issue of out of turn passport has been increased from four weeks to weeks. |
| (viii) |
If the applicant has resided at more than one place during last one year then all previous addresses with the relevant dates should be mentioned in the verification certificates. |
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| Where from to Obtain Application Forms ? |
| Revised Application Forms are available free from the Regional Passport Offices as per list given at Annexure I and Chief Passport Officer's office at Ministry of External Affairs, Patiala House Annexe, Tilak Marg, New Delhi. These forms, are also available from the Head Post Offices on payment of Rs. 3 per form. |
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| As there is huge rush of persons seeking application forms from the RPOs and one form is generally issued to one person only, the Ministry of external Affairs has recently authorised M/s Jaina Book Agency (sales) C-9, connaught Place, New Delhi - 110 001. Ph. : 3326728, Fax : 011 - 3731117 to print, distribute and supply the application forms. Printing by any other person is strictly prohibited. Any unauthorised person printing and/or supplying the form can be prosecuted under the law. Unauthoised printing of the form without approval of Ministry of External Affairs is not acceptable. M/s Jaina Book Agency (sales) in turn has authorised a number of bookshop & Stationers to distribute / sell these forms. A complete list of such outlets is given at Annexure II. The form is readily available at these outlets. Maximum retail price of the form is Rs. 5.50 (inclusive of all taxes). |
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| The forms are also available on we4site http:/passport.nic. Forms can be down loaded from the site. Photocopies can also be used. |
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| Option in terms of validity and size of the booklet |
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| You can either apply for a 36 paged normal passport booklet or a 60 paged jumbo passport booklet. |
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| What is the prescribed fee and how it is paid ? |
| You following all inclusive fee is to be paid alongwith the application form either by Bank Draft payable in favour of the Passport Office of the Registrar of Companies or in Cash. In case of bank draft full name of the applicant and the application number should be written on the reverse of the draft. |
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| 1. Fresh passport (36 pages) of 10 years validity |
Rs. 1000/- |
| 2. Fresh passport (60 pages) of 10 years validity |
Rs. 1500/- |
| 3. Fresh passport for minor (below 15 years) of 5 years validity |
Rs. 600/- |
| 4. Passport against lost/ damaged passport(36 pages) |
Rs.2500/- |
| 5. Passport against lost/ damaged passport(60 pages) |
Rs.3000/- |
| 6. India-Bangladesh or India-Srilanka passport (validity 10 years) |
Rs.500/- |
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| Miscellaneous Services |
| 1. Additional Booklet (36 pages) |
Rs. 500/- |
| 2. Additional Booklet (60 pages) |
Rs. 700/- |
3. Changes of address/ Police clearance certificate/ Deletion of
particular of childern/ ECNR/ Additional endorsements |
Rs. 300/- |
4. Miscellaneous service on an India-Bangladesh or
India-Srilanka passport |
Rs. 100/- |
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| In case it is desired to obtain passport under the Talkal Scheme, additional fee is also payable. For details refer under para heading 'Talkal Scheme'. |
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| How to Apply ? |
| An application for passport may be submitted personally or through representative or by registered post. Only one copy should be submitted. Second copy may be filled and kept by the applicant for future reference. |
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| You must be extremely careful while fi8lling the forms, which have now been further simplified, as there are a lot of discrepancies in the form and the documents. There is considerable delay in issuing the passport on this account for which the RPO is unnecessarily held responsible. |
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| Documents |
| Attested copies of all documents are required to be attached with the application form. Originals should, how-ever, also be produced for verification and return. |
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| Documents While applying for a Fresh Passport |
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| (I) |
A photocopy of any of the following: |
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(a) |
Applicant's Ration Card. |
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(b) |
Appointment Letter of reputed Companies on Letter Head. |
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(c) |
Water Tax Bill. |
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(d) |
Telephone Bill. |
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(e) |
Electricity Bill. |
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(f) |
Running Bank a/c. |
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(g) |
Income-tax Assessment order of last three years. |
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(h) |
Election Commission Identity Card. |
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| (II) |
Attach one of the following proof of date of birth. |
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(a) |
Birth Certificate issued by a Municipal authority or district office of the Registrar of Births & Deaths. |
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(b) |
Date of Birth Certificate or Nationality Certificate from the school last attended by the applicant or any other recognised educational institution. |
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(c) |
Affidavit sworn before a Magistrate/Notary stating nationality and date/place of birth as per specimen in Annexure III. This affidavit is submitted by illiterate applicants as proof of date of birth in case no other documents mentioned at Sl. No.(a) & (b) is available. |
| Note: In the case of applicants born on or after 26.01.1989 only Birth Certificate issued by the Municipal Authority or the office of the Registrar of Births & Deaths is acceptable. |
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| (III) |
Attested copy of citizenship document if applicant is a citizen of India by Registration ort Naturalisation. |
| (IV) |
If the applicant has not continuously stayed at the present address for the last one year, please photocopy the "Personal Particulars Form" and enclose an additional set (in duplicate with photographs) for each additional set (in duplicate with photographs) for each additional place of residence. |
| (V) |
Govt./Public Sector/Statutory body employees should submit "No Objection Certificate" in origina (Annexure IV). |
| (VI) |
If the application is eligible applicant is eligible for "ECNR" attach attested copy of supporting document (see Chapter 5) |
| (VII) |
If the applicant was repatriated at Govt. cost, enclose documents to show that expenditure incurred by the Govt. on his/her repatriation has been fully refunded to the Govt. of India, Ministry of External Affairs. |
| (VIII) |
If the applicant was deported to India, give details of Emergency Certificate/Passport. |
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| Documents while applying for passport after 10 years
Attach old passport and attested photocopy of the first four and last four pages. In addition items (I), (iv), (v) and (vi) above are also required. |
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| Documents while applying for A minor’s Passport |
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| (i) |
Affidavit by legal guardian (annexure V) only if parents are not legal guardian. |
| (ii) |
Affidavit by two responsible persons who know the legal guardian as well as minor in specimen given at annexure VI. |
| (iii) |
Attested photocopy of passport, if any of both parents incorporating their present marital status. |
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| Note: The consent of both parents is necessary for issue of passport of minors (below 15 year). Hence both parents are required to affix their signatures under the declaration in column 19. Incase where the parent(s) is/are resident outside India, such consent from the parent(s), in the form of a sworn affidavit, duly attested by the Indian Mission Post abroad, is acceptable. At least one parent of the minor child must hold a valid Indian passport, failing which passport to minor applicant shall be issued only after clear police report. |
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| Documents While applying for Change of Name |
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| I. |
Following marriage, remarriage or divorce: |
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(a) |
A woman applying for first time for a passport in her married name or for change of name/surname in existing passport on account of marriage must furnish: |
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(i) |
Photocop of the husband's passport if any, and |
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(ii) |
an attested copy of marriage certificate issued by Registrar of Marriages or an affidavit from the husband and wife along with a joint photograph |
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(b) |
Divorcees applying for change of name or for deletion of spouse's name in existing passport myst furnish: |
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(i) |
Divorce deed duly arthenticated by court |
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or |
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(ii) |
Deed poll/sworn affidavit (Annexure VII). |
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(c) |
Re-married applicants applying for change of name/spouse's name must furnish: |
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(i) |
Divorce deed/death certificate as the case may be in respect of first spouse, and |
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(ii) |
Documents as at (a) above relating to second marriage. |
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| II |
In other circumstances for change of name, the applicant (both male and female) should furnish |
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(a) |
Deep poll/sworn afficavit (Annexure VII); |
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(b) |
Paper cuttings of two leading daily newspaper (one daily news-paper should be of the area of applicant's and present address or nearby area); |
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(c) |
Court Order. |
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| Photographs |
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| (a) |
Six identicat photographs in black and white or in colour of 35mm x 45mm size showing frontal view of full face against a lignt background are required. Four photographs should be provided. On these four photographs, the applicant should sign across the pasted photographs in such a way that half the signature appears on the photograph and the remaining on the application form. The signature across the photographs should be the same as the specimen signature given by the applicant in the form. Two clear photographs should be pasted on Page 5 without signature. |
| (b) |
Photos taken with coloured or dark glasses and in uniform will not be accepted. |
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| Out of Turn Issue of Passport |
| An applicant desiring to obtain his passport out of turn in view on any emergency should submit necessary dounumentation substantiating the urgency. In case the applicant wishes to obtain his passport in less then five weeks from the date of submission of the application form a verification certificate as per the specimen at Annexure VII should also be submitted along with the documentation of urgency. The Passport Officer shall retain the right to verify in writing the authenticity of the Verification Certificate from the official who has issued it. All applicants seeking a passport out of turn are advised to meet the Passport Officer concerned after submitting their applications with the documentation as specified.
The head of Passport Office shall reserve the right to accept or reject such priority requests for issue of out of turn passports.
Police Verificatrion shall be done in all cases of issue of passport.
The applicant's passport size photograph is also required to be affixed on the Verification Certificate and attested by the officer issuing the Varification Certificate with his/her signature and rubber stamp in such a way that half the signature and stamp appear on the photograph and half on the certificate.
If the applicant has resided at more than one place during the last one year then all previous with the relevant dates could be mentioned. |
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| This Verification Cerfificate may be got signed by any of the following: |
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| (i) |
A Deputy Secretary / Director / Joint Secretary / Additional Secretary / Special Secretary / Secretary / Cabinet Secretary to Govt. of India. |
| (ii) |
A Joint Secretary / Addiitional Secretary / Special Secretary / Chief Secretary to a State Govt. |
| (iii) |
A Sub-Divisional Magistrate / Additional District Magistrate / District Magistrate of the kistrict of residence of applicant. |
| (iv) |
A District Supdt. of Police / Range, DIG / IG / DGP of district of residence of applicant. |
| (v) |
A Colonel and above or equivalent ranks in the Air Force and the Navy. |
| (vi) |
A General Manager of a Public Sector Undertaking. |
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| Anyone who issues incorrect verification certificate may be prosecuted under section 12(2) of the Passports Act, 1967.
Tatkal Scheme
A "Tatkal" scheme for issue of out-turn passport has been introduced from January 1. 2000
Under this scheme, passports are issued on payment of additional fee to those in genuine urgency to go abroad. The additional fee is payable, beside normal fee. Thus businessmen, relatives of seriously ill persons, winnirs of promotional awards and schemes, those getting married or wanting to go on honeymoon and people wishing to attend marraige of a close relative, students etc. are among various categories to get benefit under the scheme.
The proscribed fee structure under the Tatkal Scheme is as under : |
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| (i) |
For issue of fresh out of turn passport within seven working days of the date of application |
Rs. 1500 plus the passport fee as applicable |
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| (ii) |
For issue of fresh out of turn passport within eight to working days of the date of application |
Rs. 1000 plus the passport fee as applicable |
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| (iii) |
In all re-issue cases after expiry of ten/twenty years validity, where passport is to be re-issued within five working days of the date of application |
Rs. 1500 plus the passport fee as applicable |
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| In the following cases, only passport fee (normal) would be payable for grant of an out of turn Tatkal Passport: |
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| (i) |
The applicant has been advised to go abroad for specialised medical treatment and consultation; |
| (ii) |
In case of death abroad of spouse, father, mother, children, children's spouses, grand children, brohers and their spouses and sisters and their spouses, of the applicant; |
| (iii) |
When a student applicant requires a passport for appearing in examinations for admission to foreign educational institutions, or for going abroad for studies provided his/her parents'/guardians' income is less then Rs. 2000/-per month. |
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Delivery of Passports
Passport is delivered only to the applicant or despatched by registered acknowledgement due or speedpost to the address given in the applicant form.
Duration of Passport
A Passport shall, unless revlked earlier, continue in force for such period as may be prescribed for different classes of passports or for different categories of passport under each such class :
Provided that a passsport may be issued for a shorter period that the prescribed period -
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| (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 should be issued for a shorter period. |
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Passport for Minors
Click on the Link: "Passport for Minors"
Click on the Link: "Emigration Clearance" |
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Time frame for issue of Passport
If all the documents are in order, fresh Passport is normally issued in five weeks. This is subject to the condition that clear police report is received by the Passport Office in about three weeks time. If you already hold a passport then your next passport is re-issued in theree weeks provided you are holding passport of the same jurisdiction.
Passport to minors (less then 15 years) are issued in two weeks.
Machine Writing of Passports
The Regional Passport Office, New Delhi has taken a major intiative by acquiring the hardware and printers for machine filling of passports, complete with a scanned photograph and signature of the applicant. This is also the standard laid down by the International Civil Aviation Organisation. So far the passport booklets are filled manually.
Re-issue of Expired Passport
A person holding a passport is entitled to an automatic re-issue of a passport without police verification. He should apply one year before the passport expires or within five years after it expires to obtain the expeditious service.
For re-issue of expired passport, application should be, made Form 1 along with (i) Previous Passport, (ii) Prood of residence only if the present address is different from that given in previous passport. (Verification Certificate or any other document, not required).
Conditions relating to issue of a passport |
| 1. |
A Passport is available for travel only to the countries specified therein and must not be utilised for travel to other countries. |
| 2. |
A Passport must not be utilised for travel to countries not recognised by the Government of India. |
| 3. |
A Passport should not be sent out of any country by post. |
| 4. |
A Passport should not be allowed to pass inot the possession of any unauthorised person. |
| 5. |
The holder of a Passport is personally responsible for its safe custody. It must not be wifully lost. damaged or destroyed. In case of an unitentional loss or destruction the fact and the circumstances of such loss or destruction should be immediately reported to the nearest passport authority in India or (if th holder of the passport is abroad) to the nearest Indian Mission or Post and to the local police. |
| 6. |
A Passport must be altered or mutilated in any way nor any endorsement made in it by any person other than a duly authorised official. |
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| 7. |
If the particulars of children are included in the passport of parent or guardian, as the case may be, the children shall not travel alone. |
| 8. |
Children, whose names are included in the passport of their parent or legal guadian, should apply for a separate passport on attaninig the age of 15 years. |
| 9. |
When a citizen of India abroad is to be repatriated to India at the expense of Government of India he shall surrender his passport to the Indian Mission or Post repatriating him and obtain an Emergency Certificate for direct return to India. |
| 10. |
The holder of an Emergency Certificate, on arrival in India, shall surrender it to the Immigration Check Post. |
| 11. |
The Passport should be surrender to the passport authority if he ceases to be eligible to hold one. |
| 12. |
A diplomatic or official passport shall automatically cease to be valid if the person to whom it was issued ceases to exercise the functions which rendered him eligible to receive a diplomatic or official passport. In such an event, the passport shall be surrendered to a passport authority. |
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Caution
A passport is issued under the Passport Act, 1967. It is an offence to knowingly furnish false information or suppress material information which attracts penal and other penal and other action under relevant sections of the said Act. Passport is a valuable document. All holders are required to take due care that it dose not get damaged, mutilated or lost. Passports should not be sent out to any country by post.
Loss of passport should be immediately reported to the nearest Police Station and to the nearest Passport Office/Indian Mission. Passport holder shall be responsible for misues of passport, due to non-intimation of loss to the concerned Passport Office/Indian Mission. Passport is a Govt. property and should be surrendered when demanded in writing, by any Passport Issuing authority.
Redressal of Complaints
For any complaints please approach the RPO/PO heading the office in your area. (See Annexure 1) If you are not satisfied with the service you can either write to the Chief Passport Officer or Fax or telephone him at the following address: |
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Chief Passport Officer,
Ministry of External Affairs,
Patiala House Annexe,
Tilak Marg, New Delhi - 110 001.
Ph : 3384519,
Fax : 3384461. |
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When a Passport Authority can Refuse a Passport
In terms of sub-section 2 of the Section 5 of the Passport Act, 1967 on receipt of an application, the passport authority after making such enquiry, if any, as it may consider necessary, shall subject to the other provisions of Act, by order in writing: |
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| (a) |
Issue the passport or make on the passport endorsement in respect of the foreign country or countries specified in the application, or |
| (b) |
Issue the passport or make on the passport 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 refuse to make on the passport any endorsement. |
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| Where the passport authority makes an order (b) or (c) above 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 lthe passport authority is of the opinion that it will not be in lhte interests of the sovereignity and integrity of India, the security of India, friendly relations of India with any foreign country, in hte interests of the general public to furnish such copy.
The passport authority shall refuse to make an endorsement for visiting any foreign country under (b) or (c) above on any one or more of the following grounds, namely : - |
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| (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 interest. |
|
| It shall refuse to issue a passport for visiting any foreign country under (c) above on any one or more of that following grounds, 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 preceeding the date of his application, been convicted by a Court in India for any offence invloving moral turpitude and sentenced in rspect thereof of imprisonment for not less than two years; |
| (f) |
that proceeding 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 of 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 passport to the applicant will not be in the public interest. |
| |
|
|
|
| Thus, whenever a statute enjoins upon an authority to do an act, it is required to be done within a reasonable time. The passport authority, therefore, could not sit on the applications for years together and take away the rights of the citizen to passports. Period of two years, which has elapsed since the petitioners made applications is much more than reasonable. After going through the record the only reason for not deciding the applications was refusal of the passport authority to do anything in the matter. By this conduct the passport authority has refused passports to the petitioners without any rhyme or reson in contravention of Section 5(3) of the Act. Therefore, High Court directed the passport authority to issue the passports to the petitioners within two weeks. [Ikhalaq Mohammed vs. Union of India AIR 1983 HP 75, Selvi Travels vs. Union of India AIR 1993 Mad 216, Haridarshan Mathilakoth vs. Union of India AIR 1996 Ker. 157].
Impounding or Revocation of a Passport
Under sub-section 3 of Section 10 of the Passport Act, 1967 the passport authority may impound or cause to be impounded or revoke a passport. |
| |
| (a) |
if the passport authority is satisfied that the holder of the passport is in wrongful possession thereof; |
| |
| (b) |
if the passport was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the passport or any other person on his behalf;
Provided that is 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 iterests of the general public; |
| |
| (d) |
if the holder of the passport has, at any time after the issue of the passport 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 and pending before a Criminal Court in India; |
| |
| (f) |
if any of the conditioas of the passport has been contravened; |
| |
| (g) |
if the holder of the passport 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 has been issued by a Court under any jaw for the time being in force, or if an order prohibiting the departure from India of the holder of the passport, has been issued by any such Court and the passport authority is satisfied that a warrant of summons has been so issued or an order has been so made. |
| |
|
| The passport authority may also revoke a passport on the application of the holder thereof.
The power conferred, on the passport authority to impound a passport is a quasi judicial power. The rules of natural justice would in the circumstance be applicable in exercise of the power of impounding a passport.
A fair opportunity of being heard following immediately upon the order impounding the passport would satisfy the mandate of natural justic and a provision requiring giveng of such opportunity to the person concerned can and should be read by implication in the Passport Act, 1967. [Maneka Gandhi vs. Union of India AIR 1978 SC 597].
Appeal
Section 11 of the Passport Act, 1967 gives a right to appeal to a person who has been refused a passport or is otherwise aggrieved by order passed by the passport authority. The appeal has to be preferred within such period as may be prescribed. |
| |
| Offence & Penalties |
| 1. |
Whoever - |
|
(a) |
contravenes theprovisions of Section 3 of the Passport Act, 1967 or |
|
(b) |
knowingly furnishes any false information with a view to presses any material information with a view to obtaining a passport under Passport Act, 1967 or without lawful authority alter or attempts to alter or causes to alter the entries made in a passport; or |
|
(c) |
fails to produce for inspection his passport when called upon to do so by the prescribed authority; or |
|
(d) |
knowingly uses a passport issued to another person; or |
|
(e) |
knowingly allows another person to use a passport issued to him, |
| shall punishable with imprisonment for a term which may extend to two years or with fine which may extend to five thousand rupees of with both. |
| |
| 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 gorged passport, |
| shall be punishable with imprisonment for a term which shall not be less than one uear but which may extend to five years and with fine which shall not be less then ten thousand rupees but which may extend to fifty thousand rupees. |
| 2. |
Whoever abets any offence punishable under sub-section (1) or sub-section (1-A) shall, if lthe act abetted is committed in consequence of the abetment, be punishable with the punishment provided in that sub-section for that offence. |
|
| 3. |
Whoever contravened any condition of passport or any provision of this Act orany rule made thereunder for wich no punishment is provided elsewhere in this Act shall be punishable with improsonment 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 Passport Act, 1967, is again convicted of an offence under this Act shall be punishable with double the penalty provided for the latter offence. |
| |
|
Passports 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 must be restricted in the public interest becuase such travel would seriously impair the conduct of foreign affairs of the Govt. of India. |
| |
|
|
| A passport for travel through or visiting such country shall cease ot 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. |
