Passports Act

Last updated
The Passports Act, 1967
Emblem of India.svg
Parliament of India
  • An Act to provide for the 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.
Citation Act 15 of 1967
Enacted by Parliament of India
Commenced5 May 1967
Related legislation
The Citizenship Act, 1955

The Passports Act is an act of the Parliament of India "for the 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." The Act applies to whole of India extending to citizens of India living outside the country. The Act replaced the Indian Passport Ordinance 1967 and was enacted by Act 15 of 1967 with retrospective effect from 5 May 1967. The act describes the procedures in getting an Indian passport, which replaced the British Indian passport and The Passport Act of 1920.

Contents

In conformity with Article 9 of the Indian Constitution, the Act does not allow dual citizenship. Under Section 12 of the Act, a person must surrender his passport if he has acquired the citizenship of a foreign country.

Background

In Satwant Singh Sawnhey v. D. Ramarathnam, Asst. Passport Officer, the Supreme Court has held that a right to travel is a Fundamental right under Article 21 of Indian Constitution and the government has no right to refuse a passport to a person who has applied for the same. [1] It thus became necessary to regulate the issuance of passport and travel documents by law. Prior to the act, the government had issued passports in exercise of its executive power on foreign relations.

As, the Parliament was not in session at that time, the President of India promulgated an ordinance namely "The Indian Passport Ordinance, 1967 (4 of 1967)". [2] The aforesaid act was passed to replace the ordinance.

Classes of passports and travel documents

Indian passport cover Indian Passport.svg
Indian passport cover
Official Passport Indian Official Passport.svg
Official Passport
Diplomatic Passport Indian Diplomatic Passport.svg
Diplomatic Passport

The following classes of passports are issued under this act

The following classes of travel documents may be issued under this act

Impounding of passport

The passport authority may impound or cause to be impounded or revoke a passport or travel document:-- [3]

Restriction on granting passport

The passport authority or central shall refuse to issue passport on any one or more of the following grounds, and no other ground

See also

Related Research Articles

A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries, a search warrant cannot be issued in aid of civil process.

An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state, which authorizes the arrest and detention of an individual, or the search and seizure of an individual's property.

<span class="mw-page-title-main">Travel visa</span> Authority to enter, stay in, or exit a territory

A visa is a conditional authorization granted by a polity to a foreigner that allows them to enter, remain within, or leave its territory. Visas typically include limits on the duration of the foreigner's stay, areas within the country they may enter, the dates they may enter, the number of permitted visits, or if the individual has the ability to work in the country in question. Visas are associated with the request for permission to enter a territory and thus are, in most countries, distinct from actual formal permission for an alien to enter and remain in the country. In each instance, a visa is subject to entry permission by an immigration official at the time of actual entry and can be revoked at any time. Visa evidence most commonly takes the form of a sticker endorsed in the applicant's passport or other travel document but may also exist electronically. Some countries no longer issue physical visa evidence, instead recording details only in immigration databases.

False arrest, Unlawful arrest or Wrongful arrest is a common law tort, where a plaintiff alleges they were held in custody without probable cause, or without an order issued by a court of competent jurisdiction. Although it is possible to sue law enforcement officials for false arrest, the usual defendants in such cases are private security firms.

<span class="mw-page-title-main">Permanent account number</span> Code that acts as an identification for individuals, families and corporates

A permanent account number (PAN) is a ten-character alphanumeric identifier, issued in the form of a laminated "PAN card", by the Indian Income Tax Department, to any person who applies for it or to whom the department allots the number without an application. It can also be obtained in the form of a PDF file known as e-PAN

<span class="mw-page-title-main">National Registration Identity Card</span> National identity card of Singapore

The National Registration Identity Card (NRIC), colloquially known as "IC" is the compulsory identity document issued to citizens and permanent residents of Singapore. People must register for an NRIC within one year of attaining the age of 15, or upon becoming a citizen or permanent resident. Re-registrations are required for persons attaining the ages of 30 and 55, unless the person has been issued with an NRIC within ten years prior to the re-registration ages.

<span class="mw-page-title-main">United States passport</span> Passports issued to the US nationals

United States passports are passports issued to citizens and nationals of the United States of America. They are issued exclusively by the U.S. Department of State. Besides passports, limited-use passport cards are issued by the same government agency subject to the same requirements. It is unlawful for U.S. citizens and nationals to enter or exit the country without a valid U.S. passport or passport-replacement document compliant with the Western Hemisphere Travel Initiative, though there are many exceptions; waivers are generally granted for U.S. citizens returning without a passport, and the exit requirement is not enforced. As of 2022, United States passport allows visa-free travel to 186 countries and territories, ranking as the 7th most powerful in the world in terms of travel freedom.

<span class="mw-page-title-main">Australian passport</span> Passport of the Commonwealth of Australia issued to Australian citizens

Australian passports are travel documents issued to Australian citizens under the Australian Passports Act 2005 by the Australian Passport Office of the Department of Foreign Affairs and Trade (DFAT), both in Australia and overseas, which enable the passport bearer to travel internationally. Australian citizens are allowed to hold passports from other countries. Since 1988 over a million Australian passports have been issued annually, and it reached 1.4 million in 2007, and increasing towards a projected 3 million annually by 2021.

<span class="mw-page-title-main">Indian passport</span> Passport issued to Indian nationals

An Indian passport is a passport issued by the Ministry of External Affairs of the Republic of India to Indian citizens for the purpose of international travel. It enables the bearer to travel internationally and serves as proof of Indian citizenship as per the Passports Act (1967). The Passport Seva unit of the Consular, Passport & Visa (CPV) Division of the Ministry of External Affairs functions as the issuing authority and is responsible for issuing Indian passports on application to all eligible Indian citizens. Indian passports are issued at 93 passport offices located across India and at 197 Indian diplomatic missions abroad.

<span class="mw-page-title-main">German passport</span> Passport issued to German citizens

A German passport is an identity document issued to nationals of Germany for the purpose of international travel. A German passport is, besides the German ID card and the German Emergency Travel Document, the only other officially recognised document that German authorities will routinely accept as proof of identity from German citizens. Besides serving as proof of identity and presumption of German nationality, they facilitate the process of securing assistance from German consular officials abroad. German passports are valid for ten years or six years and share the standardised layout and burgundy red design with other EU passports. Every German citizen is also a citizen of the European Union. The passport, along with the national identity card, allows for free rights of movement and residence in any of the states of the European Union, European Economic Area and Switzerland.

<span class="mw-page-title-main">Estonian temporary travel document</span> Overview of Estonian temporary travel document

An Estonian temporary travel document is a travel document issued to an alien staying in Estonia for departure from and return to Estonia. A temporary travel document may be issued, without a standard application, to an alien who departs or is obliged to depart from Estonia without the right of return if he or she does not hold a valid travel document or a certificate of return issued by a foreign state. A temporary travel document for a single departure from and return to Estonia may be issued to an alien legally residing in Estonia if he or she does not hold a valid travel document and does not have the right to receive an alien’s passport. A temporary travel document does not grant the holder thereof the right to protection by a foreign mission of Estonia unless otherwise provided by law or a treaty. A temporary travel document shall be issued with a period of validity of up to two years.

Following the common law system introduced into Hong Kong when it became a Crown colony, Hong Kong's criminal procedural law and the underlying principles are very similar to the one in the UK. Like other common law jurisdictions, Hong Kong follows the principle of presumption of innocence. This principle penetrates the whole system of Hong Kong's criminal procedure and criminal law. Viscount Sankey once described this principle as a 'golden thread'. Therefore, knowing this principle is vital for understanding the criminal procedures practised in Hong Kong.

<span class="mw-page-title-main">Code of Criminal Procedure (India)</span> Code of criminal law of India

The Code of Criminal Procedure commonly called Criminal Procedure Code (CrPC) is the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty. It also deals with public nuisance, prevention of offences and maintenance of wife, child and parents.

<span class="mw-page-title-main">Overseas Citizenship of India</span> Category of Indian nationality law

Overseas Citizenship of India (OCI) is a form of permanent residency available to people of Indian origin and their spouses which allows them to live and work in India indefinitely. Despite its name, OCI status is not citizenship and does not grant the right to vote in Indian elections or hold public office. The Indian government can revoke OCI status in a wide variety of circumstances. In addition, the OCI Card is only valid with valid international passport. As of 2020, there are 6 million holders of OCI cards among the Indian Overseas diaspora.

<span class="mw-page-title-main">Visa policy of New Zealand</span> Policy on permits required to enter the Realm of New Zealand

Non–New Zealand citizens wishing to enter the Realm of New Zealand must obtain a visa unless they are

<span class="mw-page-title-main">Visa policy of Singapore</span> Policy on permits required to enter Singapore

The visa policy of Singapore deals with the requirements to enter Singapore. A foreign national, depending on their country of origin, must meet certain requirements to obtain a visa, which is a permit to travel, to enter and remain in the country. A visa may also entitle the visa holder to other privileges, such as a right to work, study, etc. and may be subject to conditions.

Civil procedure in South Africa is the formal rules and standards that courts follow in that country when adjudicating civil suits. The legal realm is divided broadly into substantive and procedural law. Substantive law is that law which defines the contents of rights and obligations between legal subjects; procedural law regulates how those rights and obligations are enforced. These rules govern how a lawsuit or case may be commenced, and what kind of service of process is required, along with the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases, the timing and manner of depositions and discovery or disclosure, the conduct of trials, the process for judgment, various available remedies, and how the courts and clerks are to function.

<span class="mw-page-title-main">Visa policy of Pakistan</span> Policy on permits required to enter Pakistan

Visitors to Pakistan typically must obtain a visa from one of the Pakistani diplomatic missions. Pakistani missions abroad offer various categories of visas, with some travelers eligible for visa on arrival if traveling as part of a group tour, or for business. Pakistan also offers electronic visa application and electronic travel authorization for issuance of visa on arrival.

An Indian Identity Certificate, simply known as Identity Certificate (IC), is a travel document issued by the Passport Seva, Consular, Passport & Visa (CPV) Division of the Ministry of External Affairs, Government of India to non-citizens of the Republic of India for foreign travel. It enables the bearer to travel internationally and serves as proof of identity as per the Passports Act (1967). It is mostly issued to Tibetan refugees, along with other stateless people. Since 28 June 2016, Sweden is no longer accepting the Indian Identity Certificate as a travel document. However, on 9 October 2018, Sweden started accepting the Indian Identify Certificate for Tibetan Refugees on the condition that they have no objection to returning to India.

Identity documents of India are increasingly used to transact and obtain government benefits in India.

References

  1. "The Passports Act, 1967". 2001-07-27. p. 3. Retrieved 2016-02-08.
  2. "The Passports Act, 1967" (PDF). Passportindia.gov.in\accessdate=2016-02-08.
  3. Section 10(3), Passports Act, 1967.