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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II-Section 2

PUBLISHED BY AUTHORITY

No. 7] NEW DELHI, THURSDAY, MARCH 9, 1978 PHALGUNA 18, 1899

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

LOK SABHA

The following Bill was introduced in Lok Sabha on the 9th March,

1978: —

BILL NO. 31 OF 1978

A BILL to amend the Passports Act, 1967

BE it enacted by Parliament in the Twenty-ninth Year of the

Republic of India as follows: —

1. This Act may be called the Passports (Amendment) Act, 1978, Short title.

15 of 1967. 2. In section 5 of the Passports Act, 1967 (hereinafter referred to as

the principal Act),—

(a) for sub-section (1), the following sub-sections shall be

Amend- ment of section 5.

substituted, namely: —

' (1) An application for the issue of a passport under this Act for visiting such foreign country or countries (not being a named foreign country) as may be specified in the application may be made to the passport authority and shall be accom- panied by a fee of rupees fifty.

Explanation.—In this section, "named foreign country" means such foreign country as the Central Government may, by rules made under this Act, specify in this behalf.

(135)

(1A) An application for the issue of—

(i) a passport under this Act for visiting a named fore-

ign country; or

(ii) a travel document under this Act, for visiting such foreign country or countries (including a named fore- ign country) as may be specified in the application or for an endorsement on the passport or travel document referred to in this section,

may be made to the passport authority and shall be accom- panied by such fee (if any) not exceeding rupees fifty, as may be prescribed.

(IB) Every application under this section shall be in such

form and contain such particulars as may be prescribed.';

(fa) in sub-section (2), in the opening paragraph, after the words

"en applicatiDn", the words "under this section" shall be inserted.

5 of 1898.

2 of 1074.

Amend- ment of section 13.

3. In section 13 of the principal Act, in sub-section (2), for the words and figures "section 61 of the Code of Criminal Procedure, 1898", the words and figures "section 57 of the Code of Criminal Procedure, 1973" shall be substituted.

5 of 1898. 2oL 1974, 4, In section 14 of the principal Act, in sub-section (2) , for the words and figures "Code of Criminal Procedure, 1898", the words and figures "Code of Criminal Procedure, 1973" shall be substituted.

Amend- ment of section 14.

5. In section 23 of the principal Act,—

(a) the words and figures "the Foreign Exchange Regulation

7 of 1947.

Act, 1947" shall be omitted;

Amend- ment of section 23.

42 of 1962.

46 of 1973.

(b) after the words, brackets and figures "the Foreigners Law (Application and Amendment) Act, 1962", the words and figures "the Foreign Exchange Regulation Act, 1973" shall be inserted.

6. In section 24 of the principal Act,—

(a) in sub-section (2),—

Amend- ment of section 24.

(i) after clause (e), the following clause shall be inserted,

namely: —

"(ee) specifying the foreign country for the purposes

of the Explanation to sub-section (1) of section 5;';

(ii) in clause (f), for the words "issue or renewal of a pass- port", the words, brackets, figures and letter "issue or renewal of a passport for visiting a foreign country referred to in sub- section (1A) of section 5" shall be substituted;

(p) in sub-section (3), for the words "in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following", the words "in two or

more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions afore- said" shall be substituted.

Transi- tional provi- sion, 7. Where any application for the issue or renewal of a passport is made to the passport authority on or after the date of introduction of the Passports (Amendment) Bill, 1978 in Parliament but before the date on which the Bill as passed by the Houses of Parliament receives the assent of the President, the applicant shall be required as from the commencement of this Act to pay in respect of such application the difference between the fee payable under section 5 of the principal Act, as amended by this Act and the amount already paid by him towards fee under the said section as it stood immediately before such amend- ment.

STATEMENT OF OBJECTS AND REASONS

Section 5(1) of the Passports Act, 1967 provides that all applications for the issue of a passport shall be in such form, contain such parti- culars and be accompanied by such fee (if any) not exceeding rupees twenty-five as may be prescribed. Presently, the fee payable in res- pect of a passport (valid for five years from the date of issue) is rupees twenty-five, being the maximum prescribed under the Act.

From 1st June, 1960 until December 1971, the fee for an ordinary passport remained unchanged at rupees fifteen. The passports were then valid for only three years. The fee was revised from 1st Decem- ber, 1971 to rupees twenty-five and at the same time, the period of validity of the passport was increased from three to five years. Thus, since 1st June, 1960, for a period of seventeen and a half years, the fee has remained constant at rupees five per annum.

The cost of providing passport services in India has gone up in these years owing not only to increases in salaries and allowances of the personnel employed in Passport Offices but also due to the increase in accommodation charges and increase in the cost of equipment and services which the Passport Offices need. Similarly, the cost of provid- ing passport services abroad has also increased sharply owing to infla- tion in foreign countries. The fee fixed under the Passports Rules, 1967 is charged from every Indian citizen whether the application is made in India or abroad.

At present, there are nine Regional Fassport Offices. Of these, some cover more than one State and very large areas. For example, the Regional Passport Office in Delhi covers Jammu and Kashmir, Delhi and Rajasthan, the Office in Lucknow covers Uttar Pradesh and Madhya Pra- desh, the Office in Calcutta covers West Bengal, Orissa and all the north- eastern States, and rthe Madras Office covers both Tamil Nadu and Karnataka. In order to provide a better service to the public in the States which do not have a Passport Office, it would be necessary to open more Regional Passport Offices.

For the above reasons, it is considered, necessary to increase the fee in respect of a passport for visiting foreign countries, other than a foreign country ,to be specified by rules, from rupees twenty-five to rupees fifty and the fee thus increased will also cover the postal charges for despatch- ing the passport by registered post to the applicant. In respect of a pass- port for visiting a foreign counlry to be specified by rules, the fee will be at such rate not exceeding the maximum mentioned in the legislation.

It is also proposed to specify that a person who makes an application on or after the date of introduction of the Bill In Parliament for the issue or renewal of a passport will be required to pay, after the Bill

becomes law, the difference between the fee as approved in the legisla- tion and the fee already paid by him.

Opportunity is being taken to amend the relevant sections in the Act—

(a) to make references to the Code of Criminal Procedure, 1973 and the Foreign Exchange Regulation Act, 1973 since the earlier laws on the subject have been repealed; and

(b) for modifying the rule laying formula to bring it ift Con- formity with the recommendation of the Commit Lee on Subordi- nate Legislation.

The Bill seeks to achieve the above objects.

NEW DELHI; ATAL BIHARI VAJPAYEE.

The 24th February, 1978.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 6 seeks to¹ amend section 24 ol the Passports Act, 1967 relat- ing to rule-making powers of the Central Government to specify by rules th|e foreign country for the purposes of the Explanation to sub- section (1) of section 5 and the amount of fee payable in respect of an application for a passport or travel document. This is a matter of detail and as such the delegation of power is of a normal character.

AVTAR SINGH RIKHY, Secretary.

PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, ME NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS. DI