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PASSPORTS (AMENDMENT) ACT 2002

ACT NO. 17 OF 2002

[28th March, 2002.]

Short title and commencement.

1. Short title and commencement.-(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.

Insertion of new sections 10A and 10B. 2. Insertion of new sections 10A and 10B.- After section 10 of the Passports Act, 1967 (15 of 1967) (hereinafter referred to as the principal Act) the following sections shall be inserted, namely:- '10A. Suspension of passports or travel documents in certain

cases.-(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 (3) 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: Provided that the Central Government or the designated officer may, if it or he considers appropriate, extend, by order and for reasons to be recorded in writing, the said period of four weeks till the passport or travel document under section 10 are concluded: proceedings relating to variation, impounding or re vocation of 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 we eks 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 (1), 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. 10B. Validation of intimations.- 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 other point of embarkation or mmigration, .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 (1) of section 10A and such order sha l continue to be in force for a period of three months form the date of commencement of the Passports (Amendment) Act, 2002 or the date on 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. Repeal and saving.- (1) The Passports (Amendment) Second Ordinance, 2001 (Ord. 11 of 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. K.N. CHATURVEDI, Addl. Secy. to the Govt. of India.