REGISTERED NO. DL-33004/2001
The Gazette of India
EXTRAORDINARY
PART II —Section 1
PUBLISHED BY AUTHORITY
No. 70]
NEW DELHI, SUNDAY, DECEMBER 30, 2001 / PAUSA 9,1923
Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS
(Legislative Department)
New Delhi, the 30th December, 2001/Pausa 9, 1923 (Saka)
THE PASSPORTS (AMENDMENT) SECOND ORDINANCE, 2001
No. 11 OF 2001
Promulgated by the President in the Fifty-second Year of the Republic of India.
An Ordinance further to amend the Passports Act, 1967.
WHEREAS the Passports (Amendment) Ordinance, 2001 was promulgated by
the President on the 23rd day of October, 2001;
AND WHEREAS the Passports (Amendment) Bill, 2001 for replacing the said
Ordinance was introduced in the Council of States and is pending in the Council
of States;
AND WHEREAS Parliament is not in session and the President is satisfied that
circumstances exist which render it necessary for him to take immediate action to
give effect to the provisions of the said Bill with certain modifications;
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article
123 of the Constitution, the President is pleased to promulgate the following
Ordinance :-
1. (1) This Ordinance may be called the Passports (Amendment) Second
Ordinance, 2001.
(2) It shall be deemed to have come into force on the 23rd day of October, 2001.
Short
title
and
commence-
ment.
2
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
Insertion
of
new
sections
lOAand
10B.
2. After section 10 of the Passports Act, 1967 (hereinafter referred to as the
principal Act), the following sections shall be inserted, namely:-
15 of 1967.
Suspension
of passports
or travel
documents
in certain
cases.
'10A. (/) 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 the 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 be 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 (/), to the concerned authority at an airport or any other
point of embarkation or immigration, and to the passport authority.
(5) 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.
10B. Every intimation given by the Central Government or the designated
officer, before the commencement of the Passports (Amendment) Second Ordinance,
2001, 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 (/) 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) Second Ordinance, 2001 or the date of giving such
intimation, whichever is later.
SEC. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
3
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.'.
Ord. 8 of
2001.
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 Ordinance.
Repeal
and
saving.
K. R. NARAYANAN,
President,
SUBHASH C.JAIN,
Secy, to the Govt, of India.
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