The Passport Act

Object

Issue of passports and travel documents, to regulate the departure from India of citizens of India and for other persons and for matters incidental or ancillary thereto.

Applicable to

Citizens of India and also to citizens of India, who are outside India.

What kind of documents are issued under this act?

1. Passport and

2. Travel document

Why do we need passport or travel document?

We need any of these documents as no person shall depart from, or attempt to depart from, India unless he holds in this behalf a valid passport or travel document.

Classification of passport

(a) ordinary passport;

(b) official passport;

(c) diplomatic passport.

Classification of Travel documents

(a) emergency certificate authorising a person to enter India;

(b) certificate of identity for the purpose of establishing the identity of person;

(c) such other certificate or document as may be prescribed.

Where we have to apply for passport or travel documents?

We have 38 Regional Passport offices, 83 Passport Seva Kendras  and 8 Passport Laghu Seva for improving the facility.

How long it is valid?

There is no prescribed period of validity but different periods may be prescribed for different classes of passports or travel documents or for different categories of passports or travel documents. 

Can the issue of passport or travel document refused by the authority?

Yes. It can be refused for the following reasons

(a) that the applicant is not a citizen of India.,

(b) that the applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India.,

(c) that the departure of the applicant from India may, or is likely to, be detrimental to the security of India;

(d) that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations of India with any foreign country;

(e) that the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years;

(f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India;

(g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court;

(h) that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation;

(i) that in the opinion of the Central Government the issue of a passport or travel document to the applicant will not be in the public interest.

Can the authority impound or revoke passport or travel document ?

Yes, it can be impounded or revoked for the following reasons

(a) if the passport authority is satisfied that the holder of the passport or travel document is in wrongful possession thereof;

(b) if the passport or travel document was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the passport or travel document or any other person on his behalf;

[Provided that if the holder of such passport obtains another passport the passport authority shall also impound or cause to be impounded or revoke such other passport]

(c) if the passport authority deems it necessary so to do in the interests of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interests of the general public;

(d) if the holder of the passport or travel document has, at any time after the issue of the passport or travel document, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years;

(e) if proceedings in respect of an offence alleged to have been committed by the holder of the passport or travel document are pending before a criminal court in India.

(f) if any of the conditions of the passport or travel document has been contravened;

(g) if the holder of the passport or travel document has failed to comply the notice of the authority which is requiring him to deliver up the same;

(h) if it is brought to the notice of the passport authority that a warrant or summons for the appearance, or a warrant for the arrest, of the holder of the passport or travel document has been issued by a court under any law for the time being in force or if an order prohibiting the departure from India of the holder of the passport or other travel document has been made by any such court and the passport authority is satisfied that a warrant or summons has been so issued or an order has been so made.

(i) by court order

What is the remedy if the passport is refused or revoked or impounded?

An appeal can be filed to the higher authority against the order of refusal, revocation and impound in nature.

Can the non citizen of India obtain passport or travel document from India?

Yes, if the Government is of the opinion that it is necessary so to do in the public interest.

Who is empowered to arrest, search and seize?

A customs officer, not below the rank of Sub-Inspector, is authorised to do so, even without warrant.

Is there any condition to be complied before prosecution?

Yes, previous sanction of Central Government is essential for prosecution under this act.