REGISTERED NO. DL-33004/2001

The Gazette of India

EXTRAORDINARY

PART II — Section 2

PUBLISHED BY AUTHORITY

No. 41]

NEW DELHI, THURSDAY, NOVEMBER 22,2001 / KARTIKA 1,1923

Separate paging to given to this Part in order that it may be tiled as a separate compilation.

RAJYA SABHA

The following Bills were introduced in the Rajya Sabha on the 22nd November, 2001:—

BILL NO. LXXV OP 2001

A Bill further to amend the Passports Act, 1967.

BE it enacted by Parliament in the Fifty-second Year of the Republic of India as

follows:—

1. (/) This Act may be called the Passports (Amendment) Act, 2001.

(2) It shall be deemed to have come into force on the 23rd day of October, 2001.

Short title and

commence-

ment.

1.1 of l1967

2. After section 10 of the Passports Act, 1967 (hereinafter referred to as the

principal Act), the following sections shall be inserted, namely:—

Insertion

new sections

10A and 10B.

' I0A. (V) 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:

Suspension of

passports or

travel

documents in

certain oases.

THE GAZETTE OF INDIA EXTRAORDINARY

(PART II—

Provided that the Central Government or the designated officer may, if it or he

considers appropriate, extend, by order and for reasons lo be recorded in writing,

the said period of four weeks till the proceedings relating lo variation, impounding

or revocation of passport or travel document under section 10 are concluded:

Provided further that no order under this sub-section shall be passed unless a

notice in writing to show cause has been issued to the holder of the passport or travel

document:

Provided also that the Central Government or the designated officer may, for

reasons lo be recorded in writing and in the public interest, waive the requirement of

issue of notice referred to in the second proviso:

Provided also that every holder of the passport or travel document, in respect

of whom an order under this sub-section had been passed without giving him a prior

notice, shall subsequently be given an opportunity of being heard 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 (/), lo 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 (/), give effect to such order.

Validation of

intimations.

I OB. Every intimation, given by the Central Government or the designated

officer, before the commencement of the Passports (Amendment) Act, 2001, to any

immigration authority at an airport or any other point of embarkation or immigra-

tion, 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 (/) 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, 2001 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 or the State Government,'.

Repeal and

Having.

3. (7) The Passports (Amendment) Ordinance, 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.

Old. 8 of 2001.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

Section 10 of the Passport. Act, 1967, inter alia, contains provisions for variation,

impounding and revocation of passports and travel documents. There was no statutory

provision in the said Act to prevent a person indulging in criminal or anti-national activi-

ties from leaving the country during the period when action to revoke or impound his

passport was initiated. For some time past, the concerned authorities were issuing Look

Out Circulars to prevent such person from leaving the country.

2, In view of the above, it was decided to amend the Passports Act, 1967 conferring

powers upon the concerned authorities to suspend the passports or travel documents in

appropriate cases and to validate the intimations issued by way of Look Out Circulars.

Accordingly, the Passports (Amendment) Ordinance, 2001(Ord. 8 of 2001) was promul-

gated on the 23rd day of October, 2001, so as to—

(a) insert new section 10A in the Passports Act. 1967 conferring power upon

the Central Government or the designated officer to suspend the passport or travel

document for a period not exceeding four weeks if it or he 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 of the said Act;

(b) confer power upon the Central Government or the designated officer to

extend the said period of four weeks till the proceedings relating to variation,

impounding or revocation of passport or travel document under section 10 of the

Passports Act, 1967 are concluded;

tions given, before the commencement of the Pussports (Amendment) Ordinance,

2001, by the Central Government or the designated officer to any immigration

uulhority 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 of the

Passports Act, 1967.

3, The Bill seeks to replace the said Ordinance.

JASWANT SINGH.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

BILL NO. LXX1V OF 2001

A Bill further to amend the Indian Succession Act, 1925.

BE it enacted by Parliament in the Fifty-second Year of the Republic of India as

follows:—

Short title.

1. This Act may be called the Indian Succession (Amendment) Act, 2001.

Amendment

of section 32.

2. In section 32 of the Indian Succession Act, 1925 (hereinafter referred to as

39 of 1925.

the principal Act), the Explanation shall be omitted.

Amendment

section

213.

3. In section 213 of the principal Act, in sub-seciton (2), after the word

"Muhammadans", the words "or Indian Christians" shall be inserted.

Str. 21

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

The Indian Succession Act, 1925 was aimed at consolidating the Indian law

relating to testamentary and intestate succession. Section 32 of this Act recognises

the Christian widow as one of the heirs to succeed to the property of her deceased

husband dying intestate. However, the Explanation to the said section provides that a

widow would not be entitled to succeed to such distributive share if there is a valid

contract made before her marriage to that effect. The Kerala Women's Commission

and some non-governmental organisations have pointed out that this provision of the

Act excluding a Christian widow from her distributive share on the basis of the contract

is discriminatory and they have suggested that she should be entitled to succeed to

her distributive share notwithstanding any contract to the contrary,

2. Section 213 of this Act requires that no person claiming right as executor or

legatee of a will can establish such right in any Court of Justice under the will unless

he has been granted a probate or letter of administration or a copy of an authenticated

copy of that will by a Court of competent jurisdiction. No such probate or letter of

administration is required for a Muhamtnadan to establish his rights under a will nor

there is any such requirement in the case of other communities on an all-India basis.

The Law Commission of India, Kerala Women's Commission, Members of Parliament

belonging to Christian community and various other individuals and organisations

have pointed out and represented to the Government that this provision is

discriminatory and should not apply to Christians alone.

3. The matter has been examined by the Government and it has been decided to—

(a) delete Explanation to section 32; and

(b)make section 213 inapplicable to Indian Christians, by amending

the Indian Succession Act, 1925.

4. The Bill seeks to achieve the above objects.

ARUN JAITLEY.

R.C.TRIPATHI,

Secretary-General.

PUBUlHBb BY THE SUCRBTARY-OENEtAL, RAJYA S A B H A UNOHtt RtlLH 6 8 OF THB RULES OF WOCBDURB AND CONDUCT

(^BUSINESS IN WE RMVA SABHA, ?001.

MGIP(R.U)MRND—3640al—12-12-2001.