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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MGIP(PLU)MRND—4470GI—31-1E-20CU.