REGISTERED NO. DL-33004/2002

The Gazette of India

EXTRAORDINARY

PART II —Section 1

PUBLISHED BY AUTHORITY

No.

10]

NEW DELHI, THURSDAY, MARCH 28, 2002/CHAITRA 7, 1924

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 28 March, 2002/Chaitra 7, 1924 (Saka)

The following Act of Parliament received the assent of the President on the

28th March, 2002, and is hereby published for general information :—

THE PASSPORTS (AMENDMENT) ACT, 2002

No. 17 OF 2002

[28th March, 2002]

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:—

1. (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.

Short

title

and

com-

mencement.

15 of 1967

2. After section 10 of the Passports Act, 1967 thereinafter referred to as the principal

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

Insertion of

new sections

10A and 10B.

'10A. (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 (5) 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 cases.

2

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—SEC. 1]

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

siders 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 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 (J), 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.

Validation oi

intimations.

10B. 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 pther 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 (J) 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,'.

Repeal

and

saving,

3. (J) The Passports (Amendment) Second 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.

Ord. 11 of

2001.

K.N.CHATURVEDI,

AMI Secy, to the Govt. of India.

PRINTED BY THE MANAGER, GOVERNMENT OF INDIA PRESS (PLU), MINTO ROAD, NEW DELHI

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI,

2 0 0 0 .

MGIP(PLU)MRND—6047GI—28-3-2002.