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Sections
PASSPORT ENTRY INTO INDIA
ACT 1920
Preamble 1 - THE PASSPORT (ENTRY INTO
INDIA) ACT, 1920
THE PASSPORT (ENTRY INTO INDIA) ACT,
1920
[Act, No. 34 of 1920]
[9th September, 1920]
PREAMBLE
An Act to take power to require passports of
persons entering 1[India].
WHEREAS
it is expedient to take power to require passports of persons entering [1]
[India]; It is hereby enacted as follows :--
Section 1 - Short title and extent
(1) This Act may be called [2][The Passport (Entry
into India) Act, 1920].
(2) It shall extend to [3] [the whole of [4][India]] [5] [* * *].
Section 2 - Definitions
In this Act, unless
there is anything repugnant in the subject or context,--
"entry"
means entry by water, land or air;
"passport"
means a passport for the time being in force issued or renewed by the
prescribed authority and satisfying the conditions prescribed relating to the
class of passports to which it belongs; and
"prescribed"
means prescribed by rules made under this Act.
Section 3 - Power to make rules
(1)
The [6]
[Central Government] may make rules requiring that persons entering [7][India]
shall be in possession of passports, and for all matters ancillary or
incidental to that purpose.
(2)
Without
prejudice to the generality of the foregoing power such rules may?
(a)
prohibit
the entry into [8]
[India] or any part thereof of any person who has not in his possession a
passport issued to him;
(b)
prescribe
the authorities by whom passports must have been issued or renewed, and the
conditions with which they must comply, for the purposes of this Act; and
(c)
provide
for the exemption, either absolutely or on any condition, of any person or
class of persons from any provision of such rules.
(3)
Rules
made under this section may provide that any contravention thereof or of any
order issued under the authority of any such rule shall be[9]
[punishable with imprisonment for a term which may extend to five years, or
with fine which may extend to fifty thousand rupees, or with both]
(4)
All
rules made under this section shall be published in the Official Gazette, and
shall thereupon have effect as if enacted in this Act.
[10]
[(5) Every rule made under this Act shall be laid, as soon as may be after it
is made, before each House of Parliament, while it is in session, for a total
period of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree
in making any modification in the rule or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such modified
form or be of no effect, as the cas may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.]
Section 3A - Punishment for subsequent offences
[11] [3A.Punishment for subsequent offences
Whoever having been
convicted of an offence under any rule or order made under this Act is again
convicted of an offence under this Act shall be punish?able with double the
penalty provided for the later offence]
Section 4 - Power of arrest
(1)
Any
officer of police, not below the rank of a sub-inspector, and any officer of
the Customs Department empowered by a general or special order of the Central
Government in this behalf may arrest without warrant any person who has
contravened or against whom a reasonable suspicion exists that he has
contravened any rule or order made under section 3.
(2)
Every
officer making an arrest under this section shall, without unnecessary delay,
take or send the person arrested before a Magistrate having jurisdiction in the
case or to the officer in charge of the nearest police-station and the
provisions of [12][section 57 of the Code of
Criminal Procedure, 1973 (2 of 1974),] , shall so far as may be, apply in the
case of any such arrest.
Section 5 - Power of removal
The [13] [Central Government] may, by general or special
order, direct the removal of any person from[14] [India] who, in contravention of any rule made
under section 3 prohibiting entry into [15][India] without passport, has entered therein, and
thereupon any officer of the Government shall have all reasonable powers
necessary to enforce such direction.
Section 6 - Application of Act to Part B States
[Repealed by the Part B States (Laws) Act, 1951 (3
of 1951), Section. 3 and Schedule.]
[1] Substituted for the words "the
Provinces of India" by the Indian Passport (Amdt.) Act, 1949 (36 of 1949),
Section. 2 (28-4-1949).
[2] Substituted for the words "the
Indian Passport Act, 1920" by the Passports Act, 1967 (15 of 1967),
Section. 25 (5-5-1967).
[3] Inserted Section. 3 (36 of 1949) Indian
Passport (Amendment) Act, 1949.
[4] Substituted for the words "all the
Provinces of India" by the Indian Passport (Amendment) Act, 1949 (36 of
1949), 8.2(28-4-1949).
[5] The words "excluding the State of
Hyderabad" substituted by A.L.O., 1950, were omitted by the Part B States
(Laws) Act, 1951 (3 of 1951), Section. 3 and Schedule.
[6] Substituted for the words "Governor-General in Council,"
by A.O., 1937.
[7] Substituted for the words "the Provinces," by the Indian
Passport (Amendment) Act, 1949 (36 of 1949), Section. 4 (26-4-1949).
[8] Substituted for the words "the Provinces," by the Indian
Passport (Amendment) Act, 1949 (36 of 1949), Section. 4 (26-4-1949).
[9] Substituted for "punishable with imprisonment for a term which
may extend to three months, or with fine or with both." by The Passport
(Entry Into India) Amendment Act, 2000 (47 of 2000) w.e.f. 08.12.2000
[10] Inserted by Delegated Legislation Provisions (Amendment) Act (4 of
1986), Section. 2, Schedule. (15-5-1986).
[11] Inserted by The Passport (Entry Into
India) Amendment Act, 2000 (47 of 2000) w.e.f. 08.12.2000.
[12] Substituted for "section 61 of the
Code of Criminal Procedure, 1898 (5 of 1898)" by The Passport (Entry Into
India) Amendment Act, 2000 (47 of 2000) w.e.f. 08.12.2000.
[13] Substituted for the words
"Governor-General in Council" by A.O., 1937.
[14] Substituted for the words "the
Provinces" by the Indian Passport (Amendment) Act, 1949 (36 of 1949),
Section. 4 (28-4-1949).
[15] Substituted for the words "the
Provinces" by the Indian Passport (Amendment) Act, 1949 (36 of 1949),
Section. 4 (28-4-1949).