[Act No. 34 of 1920][2] [09th September,
1920] 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 [3][India]; It
is hereby enacted as follows :- (1) This Act may be called [4][The Passport (Entry
into India) Act, 1920]. (2) It shall extend to [5][the whole of [6][India]] [7][* * *]. 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. (1)
The [8][Central
Government] may make rules requiring that persons entering [9][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 [10][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 [11][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. (5)
[12][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.] [13][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] (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 [14][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 [15][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. The [16][Central Government] may, by general or
special order, direct the removal of any person from [17][India] who, in contravention of any
rule made under section 3 prohibiting entry into [18][India] without passport, has entered
therein, and thereupon any [19][officer of the Government] shall have
all reasonable powers necessary to enforce such direction. [Repealed
by the Part B States (Laws) Act, 1951 (3 of 1951), Section. 3 and Schedule.] [1] Substituted by Act 15 of
1967, Section 25 for "The Indian Passport Act,
1920". [2] For Statement of Objects and reasons, See Gazette of India, 1920, Pt V,
p. 54; for Report of Select Committee, see ibid., 1920, Pt. V, p 252; and for
Proceedings in Council see ibid., 1920, Pt. VI, pp. 397, 1003 and 1144. [3] Substituted for the words "the Provinces of India" by the
Indian Passport (Amendment) Act, 1949 (36 of 1949), Section 2 (28-4-1949). [4] Substituted for the words "the Indian Passport Act, 1920" by
the Passports
Act, 1967 (15 of 1967), Section. 25
(5-5-1967). [5] Inserted Section 3 (36 of 1949) Indian Passport (Amendment) Act, 1949. [6] Substituted for the words "all the Provinces of India" by the
Indian Passport (Amendment) Act, 1949 (36 of 1949), Section 2(28-4-1949). [7] 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. [8] Substituted for the words "Governor-General in Council," by
A.O., 1937. [9] Substituted for the words "the Provinces," by the Indian
Passport (Amendment) Act, 1949 (36 of 1949), Section. 4 (26-4-1949). [10] Substituted for the words "the Provinces," by the Indian
Passport (Amendment) Act, 1949 (36 of 1949), Section. 4 (26-4-1949). [11] 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 [12] Inserted by Delegated
Legislation Provisions (Amendment) Act (4 of 1986), Section 2, Schedule. (15-5-1986). [13] Inserted by The
Passport (Entry Into India) Amendment Act, 2000 (47 of 2000) w.e.f. 08.12.2000. [14] Substituted by the Government of India (Adaptation of Indian Laws)
Order, 1937, for "Local Govt." [15] 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. [16] Substituted for the words "Governor-General in Council" by
A.O., 1937. [17] Substituted for the words "the Provinces" by the Indian
Passport (Amendment) Act, 1949 (36 of 1949), Section 4 (28-4-1949). [18] Substituted for the words "the Provinces" by the Indian
Passport (Amendment) Act, 1949 (36 of 1949), Section 4 (28-4-1949). [19] Substituted by the Govt of India (Adaptation of indian Laws) Order,
1937, for "Officer of Government".PASSPORT (ENTRY INTO INDIA) ACT,
1920[1]
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