Preamble.

WHEREAS it is expedient that the Central Government should exercise full control over recruiting in 1*[India] for the service of
Foreign States; It is hereby enacted as follows:–

1. Short title.- This Act may be called the Foreign Recruiting
Act, 1874.Local extent.

It extends to the whole of India 2***.

3* * * * *

2. “Foreign State” defined.- In this Act–

“Foreign State” includes any person or persons exercising or assuming to exercise the powers of Government in or over any country, colony, province or people beyond the limits of 4*[India].

3. Power to prohibit or permit recruiting.- If any person is, within the limits of 1*[India], obtaining or attempting to obtain recruits for the service of any Foreign State in any capacity, the
Central Government may, by order in writing 5***, either prohibit such person from so doing, or permit him to do so subject to any conditions which the Central Government thinks fit to impose.

4. Power to impose conditions.- The Central Government may from time to time, by general order notified in the Official Gazette, either prohibit recruiting for the service of any Foreign State, or impose upon such recruiting any conditions which it thinks fit.

5. Power to rescind or vary orders.- The Central Government may rescind or vary any order made under this Act in such manner as it thinks fit.

———————————————————————
1. Subs. by Act 3 of 1951, s. 3 and Sch., for “Part A States and
Part C States.”
2. The words “except Part B States” omitted by s. 3 and Sch., ibid.
3. The commencement cl. rep. by Act 12 of 1876, s. 1 and Sch.
4. Subs. by the A. O. 1950 for “the Provinces”.
5. The words “signed by a Secretary to the G. of I.” omitted by the
A. O. 1937.2.6.Offences.

6. Offences.- Whoever, in violation of the prohibition of the
Central Government, or of any condition subject to which permission to recruit may have been accorded,–

(a) induces or attempts to induce any person to accept or agree to accept or to proceed to any place with a view to obtaining any commission or employment in the service of any Foreign State, or

(b) knowingly aids in the engagement of any person so induced, by forwarding or conveying him or by advancing money or in any other way whatever,

shall be liable to imprisonment for a term which may extend to seven years, or to fine to such amount as the Court thinks fit, or to both.

7. Place of trial.- Any offence against this Act may be inquired into and tried, as well in any district in which the person accused may be found, as in any district in which it might be enquired into and tried under the provisions of the Code of Criminal Procedure. 1*
———————————————————————
1. See now the Code of Criminal Procedure, 1898 (5 of 1898).
 

Year : 1962

Act :

THE FOREIGN RECRUITING ACT, 1874.ACT NO. 4 OF 1874.[24th February, 1874.]

An Act to control recruiting in 1*[India] for the service of Foreign
States.

Preamble.

WHEREAS it is expedient that the Central Government should exercise full control over recruiting in 1*[India] for the service of
Foreign States; It is hereby enacted as follows:–

1.Short title.

1. Short title.- This Act may be called the Foreign Recruiting
Act, 1874.Local extent.

It extends to the whole of India 2***.

3* * * * *

2.”Foreign State” defined.

2. “Foreign State” defined.- In this Act–

“Foreign State” includes any person or persons exercising or assuming to exercise the powers of Government in or over any country, colony, province or people beyond the limits of 4*[India].

3.Power to prohibit or permit recruiting.

3. Power to prohibit or permit recruiting.- If any person is, within the limits of 1*[India], obtaining or attempting to obtain recruits for the service of any Foreign State in any capacity, the
Central Government may, by order in writing 5***, either prohibit such person from so doing, or permit him to do so subject to any conditions which the Central Government thinks fit to impose.

4.Power to impose conditions.

4. Power to impose conditions.- The Central Government may from time to time, by general order notified in the Official Gazette, either prohibit recruiting for the service of any Foreign State, or impose upon such recruiting any conditions which it thinks fit.

5.Power to rescind or vary orders.

5. Power to rescind or vary orders.- The Central Government may rescind or vary any order made under this Act in such manner as it thinks fit.

———————————————————————
1. Subs. by Act 3 of 1951, s. 3 and Sch., for “Part A States and
Part C States.”
2. The words “except Part B States” omitted by s. 3 and Sch., ibid.
3. The commencement cl. rep. by Act 12 of 1876, s. 1 and Sch.
4. Subs. by the A. O. 1950 for “the Provinces”.
5. The words “signed by a Secretary to the G. of I.” omitted by the
A. O. 1937.2.6.Offences.

6. Offences.- Whoever, in violation of the prohibition of the
Central Government, or of any condition subject to which permission to recruit may have been accorded,–

(a) induces or attempts to induce any person to accept or agree to accept or to proceed to any place with a view to obtaining any commission or employment in the service of any Foreign State, or

(b) knowingly aids in the engagement of any person so induced, by forwarding or conveying him or by advancing money or in any other way whatever,

shall be liable to imprisonment for a term which may extend to seven years, or to fine to such amount as the Court thinks fit, or to both.

7.Place of trial.

7. Place of trial.- Any offence against this Act may be inquired into and tried, as well in any district in which the person accused may be found, as in any district in which it might be enquired into and tried under the provisions of the Code of Criminal Procedure. 1*
———————————————————————
1. See now the Code of Criminal Procedure, 1898 (5 of 1898).
 

Year : 1962

Act :

THE FOREIGN RECRUITING ACT, 1874.ACT NO. 4 OF 1874.[24th February, 1874.]

An Act to control recruiting in 1*[India] for the service of Foreign
States.

Preamble.

WHEREAS it is expedient that the Central Government should exercise full control over recruiting in 1*[India] for the service of
Foreign States; It is hereby enacted as follows:–

1.Short title.

1. Short title.- This Act may be called the Foreign Recruiting
Act, 1874.Local extent.

It extends to the whole of India 2***.

3* * * * *

2.”Foreign State” defined.

2. “Foreign State” defined.- In this Act–

“Foreign State” includes any person or persons exercising or assuming to exercise the powers of Government in or over any country, colony, province or people beyond the limits of 4*[India].

3.Power to prohibit or permit recruiting.

3. Power to prohibit or permit recruiting.- If any person is, within the limits of 1*[India], obtaining or attempting to obtain recruits for the service of any Foreign State in any capacity, the
Central Government may, by order in writing 5***, either prohibit such person from so doing, or permit him to do so subject to any conditions which the Central Government thinks fit to impose.

4.Power to impose conditions.

4. Power to impose conditions.- The Central Government may from time to time, by general order notified in the Official Gazette, either prohibit recruiting for the service of any Foreign State, or impose upon such recruiting any conditions which it thinks fit.

5.Power to rescind or vary orders.

5. Power to rescind or vary orders.- The Central Government may rescind or vary any order made under this Act in such manner as it thinks fit.

———————————————————————
1. Subs. by Act 3 of 1951, s. 3 and Sch., for “Part A States and
Part C States.”
2. The words “except Part B States” omitted by s. 3 and Sch., ibid.
3. The commencement cl. rep. by Act 12 of 1876, s. 1 and Sch.
4. Subs. by the A. O. 1950 for “the Provinces”.
5. The words “signed by a Secretary to the G. of I.” omitted by the
A. O. 1937.2.6.Offences.

6. Offences.- Whoever, in violation of the prohibition of the
Central Government, or of any condition subject to which permission to recruit may have been accorded,–

(a) induces or attempts to induce any person to accept or agree to accept or to proceed to any place with a view to obtaining any commission or employment in the service of any Foreign State, or

(b) knowingly aids in the engagement of any person so induced, by forwarding or conveying him or by advancing money or in any other way whatever,

shall be liable to imprisonment for a term which may extend to seven years, or to fine to such amount as the Court thinks fit, or to both.

7.Place of trial.

7. Place of trial.- Any offence against this Act may be inquired into and tried, as well in any district in which the person accused may be found, as in any district in which it might be enquired into and tried under the provisions of the Code of Criminal Procedure. 1*
———————————————————————
1. See now the Code of Criminal Procedure, 1898 (5 of 1898).
 

Year : 1962

Act :

THE FOREIGN RECRUITING ACT, 1874.ACT NO. 4 OF 1874.[24th February, 1874.]

An Act to control recruiting in 1*[India] for the service of Foreign
States.

Preamble.

WHEREAS it is expedient that the Central Government should exercise full control over recruiting in 1*[India] for the service of
Foreign States; It is hereby enacted as follows:–

1.Short title.

1. Short title.- This Act may be called the Foreign Recruiting
Act, 1874.Local extent.

It extends to the whole of India 2***.

3* * * * *

2.”Foreign State” defined.

2. “Foreign State” defined.- In this Act–

“Foreign State” includes any person or persons exercising or assuming to exercise the powers of Government in or over any country, colony, province or people beyond the limits of 4*[India].

3.Power to prohibit or permit recruiting.

3. Power to prohibit or permit recruiting.- If any person is, within the limits of 1*[India], obtaining or attempting to obtain recruits for the service of any Foreign State in any capacity, the
Central Government may, by order in writing 5***, either prohibit such person from so doing, or permit him to do so subject to any conditions which the Central Government thinks fit to impose.

4.Power to impose conditions.

4. Power to impose conditions.- The Central Government may from time to time, by general order notified in the Official Gazette, either prohibit recruiting for the service of any Foreign State, or impose upon such recruiting any conditions which it thinks fit.

5.Power to rescind or vary orders.

5. Power to rescind or vary orders.- The Central Government may rescind or vary any order made under this Act in such manner as it thinks fit.

———————————————————————
1. Subs. by Act 3 of 1951, s. 3 and Sch., for “Part A States and
Part C States.”
2. The words “except Part B States” omitted by s. 3 and Sch., ibid.
3. The commencement cl. rep. by Act 12 of 1876, s. 1 and Sch.
4. Subs. by the A. O. 1950 for “the Provinces”.
5. The words “signed by a Secretary to the G. of I.” omitted by the
A. O. 1937.2.6.Offences.

6. Offences.- Whoever, in violation of the prohibition of the
Central Government, or of any condition subject to which permission to recruit may have been accorded,–

(a) induces or attempts to induce any person to accept or agree to accept or to proceed to any place with a view to obtaining any commission or employment in the service of any Foreign State, or

(b) knowingly aids in the engagement of any person so induced, by forwarding or conveying him or by advancing money or in any other way whatever,

shall be liable to imprisonment for a term which may extend to seven years, or to fine to such amount as the Court thinks fit, or to both.

7.Place of trial.

7. Place of trial.- Any offence against this Act may be inquired into and tried, as well in any district in which the person accused may be found, as in any district in which it might be enquired into and tried under the provisions of the Code of Criminal Procedure. 1*
———————————————————————
1. See now the Code of Criminal Procedure, 1898 (5 of 1898).

Be it enacted by Parliament as follows:–

1.Short title and extent.

1. Short title and extent. (1) This Act may be called the
Immigrants (Expulsion from Assam) Act, 1950.

(2) It extends to the whole of India.

2.Power to order expulsion of certain immigrants.

2. Power to order expulsion of certain immigrants. If the Central
Government is of opinion that any person or class of persons, having been ordinarily resident in any place outside India, has or have.
whether before or after the commencement of this Act, come into Assam and that the stay of such person or class of persons in Assam is detrimental to the interests of the general public of India or of any section thereof or of any Scheduled Tribe in Assam, the Central
Government may by order–

(a) direct such person or class of persons to remove himself or themselves from India or Assam within such time and by such route as may be specified in the order; and

(b) give such further directions in regard to his or their removal from India or Assam as it may consider necessary or expedient;

Provided that nothing in this section shall apply to any person who on account of civil disturbances or the fear of such disturbances in any area now forming part of Pakistan has been displaced from or has left his place of residence in such area and who has been subsequently residing in Assam.

3.Delegation power.

3. Delegation power. The Central Government may, by notification
1* in the Official Gazette, direct that the powers and duties conferred or imposed on it by section 2 shall, subject to such conditions, if any, as may be specified in the notification, be exercised or discharged also by–

(a) any officer subordinate to the Central Government;

(b) the 2*[3*[Government of Assam, Meghalaya] or Nagaland]
or any officer subordinate to that Government.
———————————————————————-
1. See Notification No. F. 17-1/50-Pak. III, dated 20th March, 1950, in Gazette of India, 1950 Pt. I, p. 388.2. Subs. by the State of Nagaland (Adaptation of Laws on Union
Subjects) order, 1965, for “Government of Assam” (w.e.f. 1-12-1963).
3. Subs. by the North-Eastern Areas (Reorganisation) (Adaptation of
Laws on Union Subjects) Order, 1974, for “Government of Assam”
(w.e.f. 21-1-1972).

24.4.Power to give effect orders, etc.

4. Power to give effect orders, etc. Any authority empowered by or in pursuance of the provisions of this Act to exercise any power may, in addition to any other action expressly provided for in this
Act, take or cause to be taken such steps, and use or cause to be used such force, as may in its opinion be reasonably necessary for the effective exercise of such power.

5.Penalties.

5. Penalties. Any person who–

(a) contravenes or attempts to contravene or abets the contravention of any order made under section 2, or

(b) fails to comply with any direction given by any such order, or

(c) harbours any person who has contravened any order made under section 2 or has failed to comply with any direction given by any such order,

shall be punishable with imprisonment which may extend to three years and shall also be liable to fine.

6.Protection to persons acting under this Act.

6. Protection to persons acting under this Act. No suit, prosecution or other legal proceeding shall lie against any person for anything which in good faith done or intended to be done under this
Act.

7.Construction of references to Assam.

1*[7. Construction of references to Assam. In this Act, except in section 3, references to Assam shall be construed as including also a reference to 2*[the States of Meghalaya and Nagaland and the Union territories of Arunachal Pradesh and Mizoram.]]
———————————————————————-
1. Ins. by the State of Nagaland (Adaptation of Laws on Union
Subjects) Order, 1965 (w.e.f. 1-12-1963). Former section 7 was repealed by Act 36 of 1957, s 2 and Sch. I.
2. Subs. by the North-Eastern Areas (Reorganisation) Adaptation of
Laws on Union Subjects) Order, 1974, for “the State of Nagaland”
(w.e.f. 21-1-1972).

BE it enacted by Parliament in the Fifty-first Year of the Republic of
India as follows:-

1.Short title and extent.

1. Short title and extent.-(1) This Act may be called the Immigration
(Carriers Liability) Act, 2000.

(2) It extends to the whole of India.

2.Definitions.

2. Definitions.-(1) In this Act, unless the context otherwise requires,-

(a) “carrier” means a person who is engaged in the business of transporting passengers by water or air and includes any association of persons, whether incorporated or not, by whom the aircraft or the ship is owned or chartered;

(b) “Competent Authority” means the civil authority appointed under sub-paragraph (2) of paragraph 2 of the Foreigners Order, 1948 made under the Foreigners Act, 1946 (31 of 1946) or any other officer notified by the Central Government in this behalf;

(c) “prescribed” means prescribed by rules made under this Act.

(2) Words and expressions not defined in this Act but defined in the
Foreigners Act, 1946 (31 of 1946) or the Passport (Entry into India)
Act, 1920 (34 of 1920) shall have the meanings respectively assigned to them in those Acts.

3.Liability of carriers for passengers brouht into India.

3. Liability of carriers for passengers brought into India.-Where the competent authority is of the opinion that any carrier has brought a person in contravention of the provisions of the Passport (Entry into
India) Act, 1920 (34 of 1920) and rules made thereunder into India, he may by order impose a penalty of rupees one lakh on such carrier:

Provided that no order shall be passed without giving the carrier an opportunity of being heard in the matter.

4.Appeals.

4. Appeals.-(1) An appeal shall lie against the order made under section 3 of this Act to the Joint Secretary to the Government of
India in the Ministry of Home Affairs authorised in this behalf by that Government.

(2) Every such appeal shall be preferred within thirty days from the date of the order appealed against:

Provided that the appellate authority may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of thirty days, permit the appellant to prefer the appeal within a further period of thi ty days.

(3) On receipt of any such appeal, the appellate authority shall, after giving the parties a reasonable opportunity of being heard and after making such inquiry as it deems proper, make such order, as it may think fit, confirming, modifying or reversin the order appealed against.

(4) Every appeal shall be preferred on payment of such fees as may be prescribed.

5.Recovery of penalty due to Government.

5. Recovery of penalty due to Government.-Where any penalty imposed under this Act is not paid, the competent authority may recover the penalty so payable by seizing, detaining or selling-

(a) the aircraft or the ship; or

(b) any goods on the ship or aircraft, belonging to the carrier.

6.Bar of legal proceedings.

6. Bar of legal proceedings.-No suit, prosecution or other legal proceeding shall lie against the Central Government or the competent authority or any officer of the Central Government or any other person exercising any powers or discharging any functi ns or performing any duty under this Act for anything in good faith done or intended to be done under this Act or any rule made thereunder.

7.Application of Acts 16 of 1939, 34 of 1920 and 31 of 1946 not barred.

7. Application of Acts 16 of 1939, 34 of 1920 and 31 of 1946 not barred.-The provisions of this Act and the rules made thereunder shall be in addition to, and not in derogation of, the Registration of
Foreigners Act, 1939, the Passport (Entry into Indi ) Act, 1920 and the Foreigners Act, 1946 or the rules or orders made thereunder.

8.Power to make rules.

8. Power to make rules.-(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-

(a) the fees which shall be paid for appeals under sub-section (4) of section 4;

(b) any other matter which is required to be, or may be, prescribed.

9.Rules to be laid before Parliament.

9. Rules to be laid before Parliament.-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 i 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 m de, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

10.Power to remove difficulties.

10. Power to remove difficulties.-(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, do anything not inconsistent with such provisions for the purpose of removing the difficulty:

Provided that no such order shall be made after the expiry of two years from the commencement of this Act.

(2) Every order under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:-

1. Short title.-This Act may be called the Immigration (Carriers Liability) Amendment Act, 2005.

2. Insertion of new section 3A to Act 52 of 2000.-After section 3 of the Immigration (Carriers Liability) Act, 2000, the following section shall be inserted, namely:-

“3A. Power to exempt.-(1) Without prejudice to the provisions of the Passport (Entry into India) Act, 1920 (34 of 1920) and the rules made thereunder, if the Central Government is of opinion that it is necessary or expedient in the interest of the general public or to fulfil the international obligation, it may, by order notified in the Official Gazette and subject to such conditions as may be specified in the order, exempt any carrier or class of carriers from the operations of all or any of the provisions of this Act and may, as often as may be necessary, revoke or modify such order.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.”.

Be it enacted by Parliament in the Seventh Year of the Republic of India as follows:

1. Short title, extent and commencement.—(1) This Act may be called The Immoral Traffic (Prevention) Act, 1956.

(2) It extends to the whole of India.

(3) This section shall come into force at once; and the remaining provisions of this come into force on such date as the Central Government may, by notification in the official Gazette, appoint.

2. Definitions.—In this Act. unless the context otherwise requires—

(a) “brothel“ includes any house, room, conveyance or place, or any portion of any house, room, conveyance or place, which is used for purposes of sexual exploitation or abuse for the gain of another person or for the mutual gain of two or more prostitutes;

(aa) “child“ means a person who has not completed the age of sixteen years;

(b) “corrective institution“ means an institution, by whatever name called (being an institution established or licenced as such under Section 21), in which persons, who are in need of correction, may be detained under this Act, and includes a shelter where under trials may be kept in pursuance of this Act;

(c) “magistrate“ means a Magistrate specified in the second column of the Schedule as being competent to exercise the powers conferred by the section in which the expression occurs and which is specified in the first column of the Schedule;

(ca) “major“ means a person who has completed the age of eighteen years;

(cb) “minor“ means a person who has completed the age of sixteen years but has not completed the age of eighteen years;

(d) “prescribed“ means prescribed by rules made under this Act;

(e) [1] [ * * * * * * ].

(f) “prostitution“ means the sexual exploitation or abuse of persons for commercial purposes, and the expression “prostitute” shall be construed accordingly;

(g) “protective home“ means an institution, by whatever name called (being an institution established or licenced as such under Section 21), in which persons who are in need of care and protection, may be kept under this Act and where appropriate technically qualified persons, equipments and other facilities have been provided but does not include,—

(i) a shelter where undertrials may be kept in pursuance of this Act, or

(ii) a corrective institution;

(h) “public place“ means any place intended for use by, or accessible to, the publicand includes any public conveyance;

(i) “special police officer”means a police officer appointed by or on behalf of the State Government to be in charge of police duties within a specified area for the purpose of this Act;

(j) “trafficking police officer“ means a police officer appointed by the Central Government under sub-section (4) of Section 13.

Comments

Prostitution—Police raid—Nine girls recovered—Enquiry conducted under Sec. 17—Medical examination reportstating to have had sexual intercourse within a week before examination—Detention order—Appeal—No evidence as to petitioners living in or carryingon prostitution brothel at time of raid—No evidence to prove that petitioners were seducing any person for the purpose of prostitution—Profession of accused stated to be dancing & singing—Held :—Sexual intercourse by itself is not an offence—Prostitution by itself is not an offence—Petition al?lowed. Kumari Sangeeta v. State and another. 1996 Cr.R. 129 (Delhi)

2-A. Rule of construction regarding enactments not extending to Jammu and Kashmir .—Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir shall in relation to that State, be construed as a reference to the corresponding law, if any, in force in that State.

3. Punishment for keeping a brothel or allowing premises to be used as a brothel.— (1) Any person who keeps or manages, or acts or assists in the keeping or management of, a brothel, shall be punishable on first conviction with rigorous imprisonment for a term of not less than one year and not more than three years and also with fine which may extend to two thousand rupees and in the event of a second or subsequent to conviction with rigorous imprisonment for a term of not less than two years and not more than five years and also with fine which may extend to two thousand rupees.

(2) a any person who,—

(a) being the tenant, lessee, occupier or person in charge of any premises, uses, or knowingly allows any other person to use, such premises or any part thereof as a brothel, or

(b) being the owner, lessor or landlord of any premises or the agent of such owner, lessor or landlord, lets the same or any part thereof with the knowledge that the same or any part thereof is intended to be used as a brothel, or is wilfully a party to the use of such premises or any part thereof as a brothel,

shall be punishable on first conviction with imprisonment for a term which may extend to two years and with fine which fine which may extend to two thousand rupees and in the event of a second or subsequent conviction, with rigorous imprisonment for a term which may extend to five years and also with fine.

(2-A) For the purposes of sub-section (2), it shall be presumed, until the contrary is proved, that any person referred to in clause (a) or clause (b) of that sub-section, is knowingly allowing the premises or any part thereof to be used as a brothel or, as the case may be, has knowledge that the premises or any part thereof are being used as a brothel, if,—

(a) a report is published in a newspaper having circulation in the area in which such person resides to the effect that the premises or any part thereof have been found to be used for prostitution as a result of a search made under this Act; or

(b) a copy of the list of all things found during the search referred to in clause (a) is given to such person.

(3) Notwithstanding any thing contained in any other law for the time being in force, on conviction of any person referred to in clause (a) or clause (d) of sub-section (2) of any offence under that sub-section in respect of any premises or any part thereof, any lease or agreement under which such premises have been leased out or held or occupied at the time of the commission of the offence, shall become void and inoperative with effect from the date of the said conviction.

4. Punishment for living on the earnings of prostitution .—(1) Any person over the age of eighteen years who knowingly lives, wholly or in part, on the earnings of the prostitution of any other person shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both, and where such earnings relate to the prostitution of a child or a minor, shall be punishable with imprisonment for a term of not less than seven years and not more than ten years.

(2) Where any person over the age of eighteen years is proved,—

(a) to be living with,or to be habitually in the company of, a prostitute; or

(b) to have exercised control, direction or influence over the movements of a prostitute in such a manner as to show that such person is aiding abetting or compelling her prostitution; or

(c)to be acting as a tout or pimp on behalf of a prostitute,

it shall be presumed, until the contrary is proved, that such person is knowingly living on the earnings of prostitution of another person within the meaning of sub-section (1).

5. Procuring, inducing or taking person for the sake of prostitution .—(1) Any person who—

(a) procures or attempts to procure a person whether with or without his/her consent, for the purpose of prostitution; or

(b) induces a person to go from any place, with the intent that he/she may for the purpose of prostitution become the inmate of, or frequent, a brothel; or

(c) takes or attempts to take a person or causes a person to be taken, from one place to another with a view to his/her carrying on, or being brought up to carry on prostitution ; or

(d) causes or induces a person to carry on prostitution;

shall be punishable on conviction with rigorous imprisonment for a term of not less than three years and not more than seven years and also with fine which may extend to two thousand rupees, and if any offence under this sub-section is committed against the will of any person, the punishment of imprisonment for a term of seven years shall extend to imprisonment for a term of fourteen years:

Provided that if the person in respect of whom an offence committed under this sub-section,—

(i) is a child, the punishment provided under this sub-section shall extend to rigorous imprisonment for a term of not less than seven years but may extend to life; and

(ii) is a minor, the punishment provided under this sub-section shall extend to rigorous imprisonment for a term of not less than seven years and not more than fourteen years.

[2] (2) [ **** ** ]

(3) An offence under this section shall be triable,—

(a) in the place from which a person is procured, induced to go, taken or caused to be taken or from which an attempt to procure or taken such persons made; or

(b) in the place to which she may have gone as a result of the inducement or to which he/she is taken or caused to be taken or an attempt to take him/her is made.

6. Detaining a person in premises where prostitution is carried on .—(1) Any person who detains any other person, whether with or without his consent,—

(a) in any brothel, or

(b) in or upon any premises with intent that such person may have sexual intercourse with a person who is not the spouse of such person,

shall be punishable on conviction, with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine:

Provided that the court may for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term which may be less than seven years.

(2) Where any person is found with a child in a brothel, it shall be presumed, unless the contrary is proved, that he has committed an offence under sub-section (1).

(2-A) Where a child or minor found in a brothel, is, on medical examination, detected to have been sexually abused, it shall be presumed unless the contrary is proved, that the child or minor has been detained for purposes of prostitution or, as the case may be, has been sexually exploited for commercial purposes.

(3) A person shall be presumed to detain a person in a brothel or in upon any premises for the purpose of sexual intercourse with a man other than her lawful husband, if such person, with intent to compel or induce her to remain there,—

(a) withholds from her any jewellery, wearing apparel, money or other property belonging to her, or

(b) threatens her with legal proceedings if she takes away with her any jewellery, wearing apparel, money or other property lent or supplied to her by or by the direction of such person.

(4) Notwithstanding any law to the contrary, no suit, prosecution or other legal proceeding shall lie against such woman or girl at the instance of the person by whom she has been detained, for the recovery of any jewellery, wearing apparel or other property alleged to have been lent or supplied to or for such woman or girl or to have been pledged by such woman or girl or for the recovery of any money alleged to be payable by such woman or girl.

7. Prostitution in or in the vicinity of public place .—(1) Any person who carries on prostituion and the person with whom such prostitution is carried on, in any premises:

(a) which are within the area or areas, notified under sub-section (3), or

(b) which are within a distance of two hundred meters of any place of public religious worship, educational institution, hotel, hospital, nursing home or such other public place of any kind as may be notified in this behalf by the Commissioner of Police or Magistrate in the manner prescribed,

shall be punishable with imprisonment for a term which may extend to three months.

(1-A) Where an offence committed under sub-section (1) is in respect of a child or minor, the person committing the offence shall be punishable with imprisonment of either description for a term which not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine:

Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.

(2) Any person who:

(a) being the keeper of any public place knowingly permits prostitutes for purposes of their trade to resort to or remain in such place; or

(b) being the tenant, lessee, occupier or person in charge of any premises referred to in sub-section (1) knowingly permits the same or any part thereof to be used for prostitution; or

(c) being the owner, lessor or landlord of any premises referred to in sub-section (1), or the agent of such owner, lessor or landlord, lets the same or any part thereof with the knowledge that the same or any part thereof may be used for prostitution, or is wilfully a party to such use.

shall be punishable on first conviction with imprisonment for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both, and in the event of a second or subsequent conviction with imprisonment for a term which may extend to six months and also with fine, which may extend to two hundred rupees, and if the public place or premises happen to be a hotel, thelicence for carrying on the business of such hotel under any law for the time being in force shall also be liable to be suspended for a period of not less than three months but which may extend to one year:

Provided that if an offence committed under this sub-section is in respect of a child or minor in a hotel, such licence shall also be liable to be cancelled.

Explanation.—For the purposes of this sub-section, “hotel” shall have the meaning as in clause (6) of Section 2 of the Hotel-Receipts Tax Act, 1980 (54 of 1980).

(3) The State Government may, having regard to the kinds of persons frequenting any area or areas in the State, the nature and the density of population therein and other relevant considerations, by notification in the official Gazette, direct that the prostitution shall not be carried on in such area or areas as may be specified in the notification.

(4) Where the notification is issued under Sub-section (3) in respect of any area or areas, the State Government shall define the limits of such area or areas in the notification with reasonable certainty.

(5) No such notification shall be issued so as to have effect from a date earlier than the expiry of a period of ninety days after the date on which it is issued.

8. Seducing or soliciting for purpose of prostitution .—Whoever, in any public place or within sight of, and in such manner as to be seen or heard from, any public place, whether from within any building or house or not:

(a) by words, gestures, willful exposure of her person (whether by sitting by a window or on the balcony of a building or house or in any other way), or otherwise tempts or endeavour to tempt, or attracts or endeavour to attract the attention of, any person for the purpose of prostitution; or

(b) solicits or molests any person, or loiters or acts in such manner as to cause obstruction or annoyance to persons residing nearby or passing by such public place or to offend against public decency, for the purpose of prostitution,

shall be punishable on first conviction with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both, and in the event of a second or subsequent conviction, with imprisonment for a term which may extend to one year, and also with fine which may extend to five hundred rupees:

Provided that where an offence under this Section is committed by a man he shall be punishable with imprisonment for a period of not less than seven days but which may extend to three months.

9. Seduction of a person in custody .—Any person who having the custody, charge or care of or in a position of authority over any person causes or aids or abets the seduction for prostitution of that shall be punishable on conviction with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine:

Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.

[3] [(2) ******* ]

[4] [10. ******* ]

10-A. Detention in a corrective institution .—(1) Where,—

(a) a female offender is found guilty of an offence under Section 7 or Section 8, and

(b) the character, state of health and mental condition of the offender and the other circumstances of the case are such that it is expedient that she should be subject to detention for such term and such instruction and discipline as are conducive to her correction,

it shall be lawful for the court to pass, in lieu of a sentence of imprisonment, an order for detention in a corrective institution for such term, not being less than two years and not being more than five years, as the court thinks fit:

Provided that before passing such an order,—

(i) the court shall give an opportunity to the offender to be heard and shall also consider any representation which the offender may make to the court as to the suitability of the case for treatment in such an institution, as also the report of the Probation Officer appointed under the Probation of Offender Act, 1958; and

(ii) the court shall record that it is satisfied that the character, state of health and mental condition of the offender and the other circumstances of the case are such that the offender is likely to benefit by such instruction and discipline as aforesaid.

(2) Subject to the provisions of sub-section (3), the provisions of the Code of Criminal Procedure, 1973, relating to appeal, reference and revision, and of the Limitation Act, 1963 as to the period within which an appeal shall be filed, shall apply in relation to an order of detention under sub-section (1) as if the order had been a sentence of imprisonment for the same period as the period for which the detention was ordered.

(3) Subject to such rules as may be made in this behalf, the State Government or authority authorised in this behalf may, at any time after the expiration of six months from the date of an order for detention in a corrective institution, if it is satisfied that there is a reasonable probability that the offender will lead a useful and industrious life, discharge her from such an institution, without condition or with such conditions as may be considered fit, and grant her a written licence in such form as may be prescribed.

(4) The conditions on which an order is discharged under sub-section (3), may include requirements relating to residence of the offender and supervision over the offenders activities and movements.

11. Notification of address of previously convicted offenders .—(1) When any person having been convicted—

(a) by a court in India of an offence punishable under this Act or punishable under Section 363, Section 365, Section 366, Section 366-A, Section 366-B, Section 367, Section 368, Section 370, Section 371, Section 372 or Section 373 of the Indian Penal Code (45 of 1860), with imprisonment for a term of two years or up wards; or

(b) by a court or tribunal in any other country of an offence which would, if committed in India, have been punishable under this Act, or under any of the aforesaid sections with imprisonment for a like term,

is within a period of five years after release from prison, again convicted of any offence punishable under this Act or under any of those section with, imprisonment for a term of two years or upwards by a court, such court may, if it thinks fit, at the time of passing the sentence of imprisonment on such person, also order that his residence, and any change of, or absence from, such residence, after release, be notified according to rules made under Section 23 for a period not exceeding five years from the date of expiration of that sentence.

(2) If such conviction is set aside on appeal or otherwise, such order shall become void.

(3) An order under this section may also be made by an Appellate Court or by the High Court when exercising its powers of revision.

(4) Any person charged with a breach of any rule referred to in sub-section (1) may be tried by a Magistrate of competent jurisdiction in the District in which the place last notified as his residence is situated.

[5] [12.****** ]

13. Special police officer and advisory body .—(1) There shall be for each area to be specified by the State Government in this behalf a special police officer appointed by or on behalf of that government for dealing with offences under this Act in that area.

(2) The special police officer shall not be below the rank of an Inspector of Police.

(2-A) The District Magistrate may, if he considers it necessary or expedient so to do, confer upon any retired police or military officer all or any of the powers conferred by or under this Act on a special police officer, with respect to particular cases or classes of cases or to cases generally:

Provided that no such power shall be conferred on,—

(a) a retired police officer unless such officer, at the time of his retirement, was holding a post not below the rank of an inspector;

(b) a retired military officer unless such officer, at the time of his retirement, was holding a post not below the rank of a commissioned officer.

(3) For the efficient discharge of his functions in relation to offences under this Act,—

(a) the special police officer of an area shall be assisted by such number of subordinate police officers (including women police officers wherever practicable) as the State Government may think fit; and

(b) the State Governmentmay associate with the special police officer a non-official advisory body consisting of not more than five leading social welfare workers of that area (including women social welfare workers wherever practicable) to advise him on questions of general importance regarding the working of this Act.

(4) The Central Government may, for the purpose of investigating any offence under this Act or under any other law for the time being in force dealing with sexual exploitation of persons and committed in more than one State appoint such number of police officers as trafficking police officers and they shall exercise all the powers and discharge all the functions as are exercisable by special police officers under this Act with the modification that they shall exercise such powers and discharge such functions in relation to the whole of India.

14. Offences to be cognizable .—Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence punishable under this Act shall be deemed to be a cognizable offence within the meaning of that Code:

Provided that, notwithstanding anything contained in that Code,—

(i) arrest without warrant may be made only by the special police officer or under his direction or guidance, or subject to his prior approval;

(ii) when the special police officer requires any officer subordinate to him to arrest without warrant otherwise than in his presence any person for an offence under this Act, he shall give that subordinate officer an order in writing, specifying the person to be arrested and the offence for which the arrest is being made; and the latter officer before arresting the person shall inform him of the substance of the order and, on being required by such person, show him the order;

(iii) any police officer not below the rank of sub-inspector specially authorised by the special police officer may, if he has reason to believe that on account of delay involved in obtaining the order of the special police officer, any valuable evidence relating to any offence under this Act is likely to be destroyed or concealed, or the person who has committed or is suspected to have committed the offence is likely to escape, or if the name and address of such a person is unknown or there is reason to suspect that a false name or address has been given, arrest the person concerned without such order, but in such a case he shall report, as soon as may be, to the special police officer the arrest and the circumstances in which the arrest was made.

15. Search without warrant .—(1) Notwithstanding anything contained in any other law for the time being in force, whenever the special police officer or the trafficking police officer as the case may be, has reasonable grounds for believing that an offence punishable under this Act has been or is being committed in respect of a person living in any premises, and that search of the premises with warrant cannot be made without undue delay, such officer may, after recording the grounds of his belief, enter and search such premises without a warrant.

(2) Before making a search under sub-section (1), the special police officer or the trafficking police officer, as the case may be shall call upon two or more respectable inhabitants (at least one of whom shall be a woman) of the locality in which the place to be searched is situate, to attend and witness the search and may issue an order in writing to them or any of them so to do:

Provided that the requirement as to the respectable inhabitants being from the locality in which the place to be searched is situate shall not apply to a woman required to attend and witness the search.

(3) Any person who, without reasonable cause, refuses or neglects, to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under Section 187 of the Indian Penal Code (45 of 1860).

(4) The special police officer or the trafficking police officer, as the case may be, entering any premises under sub-section (1) shall be entitled to remove therefrom all the persons found therein.

(5) The special police officer or the trafficking police officer, as the case may be, after removing person under sub-section (4) shall forthwith produce her before the appropriate Magistrate.

(5-A) Any person who is produced before a Magistrate under sub-section (5), shall be examined by a registered medical practitioner for the purposes of determination of the age of such person, or for the detection of any injuries as a result of sexual abuse or for the presence of any sexually transmitted diseases.

Explanation.—In this sub-section, “registered medical practitioner” has the same meaning as in the Indian Medical Council Act, 1956 (102 of 1956).

(6) The special police officer or the trafficking police officer, as the case may be, and other persons taking part in, or attending, and witnessing a search shall not be liable to any civil or criminal proceeding against them in respect of anything lawfully done in connection with, or for the purpose of, the search.

(6-A) The special police officer or the trafficking police officer, as the case may be, making a search under this section shall be accompanied by at least two women police officers, and where any woman or girl removed under sub-section (4) is required to be interrogated it shall be done by woman police officer and if no woman police officer is available, the interrogation shall be done only in the presence of a lady member of a recognised welfare institution or organization.

Explanation.—For the purposes of this sub-section and Section 17-A, “recognised welfare institution or organisation” means such institution or organisation as may be recognised in this behalf by the State Government.

(7) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall, so far as may be, apply to any search under this section as they apply to any search made under the authority of a warrant issued under 94 of the said Code.

16. Rescue of person—(1) Where a Magistrate has reason to believe from information received from the police or from any other person authorised by State Government in this behalf or otherwise, that any person is living, or is carrying, or is being made to carry on, prostitution in a brothel, he may direct a police officer not below the rank of a sub-inspector to enter such brothel, and to remove therefrom such person and produce her before him.

(2) The police officer, after removing the person shall forthwith produce her before the Magistrate issuing the order.

17. Intermediate custody, of persons removed under Section 15 or rescued under Section 16 .—(1) When the special police officer removing a person under sub-section (4) of Section 15 or a police officer rescuing a person under sub-section (1) of Section 16, is for any reason unable to produce her before the appropriate Magistrate as required by sub-section (5) of Section 15, or before the Magistrate issuing the order under sub-section (2) of Section 16, he shall forthwith produce her before the nearest Magistrate of any class, who shall pass such orders as he deems proper for her safe custody until she is produced before the appropriate Magistrate, or, as the case may be, the Magistrate issuing the order:

Provided that no person shall be,

(i) detained in custody under this sub-section for a period exceeding ten days from the date of the order under this sub-section; or

(ii) restored to or placed in the custody of a person who may exercise a harmful influence over her.

(2) when the person is produced before the appropriate Magistrate under sub-section (5) of Section 15 or the Magistrate under sub-section (2) of Section 16, he shall, after giving her an opportunity of being heard, cause an inquiry to be made as to the correctness of the information received under sub-section (1) of Section 16, the age, character and antecedents of the person and the suitability of her parents, guardian or husband for taking charge of her and the nature of the influence which the conditions in her home are likely to have on her if she is sent home, and, for this purpose, he may direct a Probation Officer appointed under the Probation of Offenders Act, 1958, to inquire into the above circumstances and into the personality of the person and the prospects of her rehabilitation.

(3) The Magistrate may, while an inquiry is made into a case under sub-section (2), pass such orders as he deems proper for the safe custody of the person:

Provided that where a person rescued under Section 16 is a child or minor, it shall be open to the magistrate to place such child or minor in any institution established or recognised under any Children Act for the time being in force in any State for the safe custody of children:

Provided further that no person shall be kept in custody for this purpose for a period exceeding three weeks from the date of such an order, and no person shall be kept in the custody of a person likely to have a harmful influence over her.

(4) Where the Magistrate is satisfied, after making an inquiry as required under sub-section (2),—

(a) that the information received is correct; and

(b) that she is in need of care and protection,

he may, subject to the provisions of sub-section (5), make an order that such person be detained for such period, being not less than one year and not more than three, as may be specified in the order, ina protective home, or in such other custody, as he shall, for reasons to be recorded in writing, consider suitable:

Provided that such custody shall not be that of a person or body of persons of a religious persuasion different from that of the person, and that those entrusted with the custody of the person, including the persons in charge of a protective home; may be required to enter into a bond which may, where necessary and feasible contained undertaking based on directions relating to the proper care, guardianship, education, training and medical and psychiatric treatment of the person as well as supervision by a person appointed by the Court, which will be in force for a period not exceeding three years.

(5) In discharging his functions under sub-section (2), a Magistrate may summon a panel of five respectable persons, three of whom shall, wherever practicable, be women, to assist him; and may, for this purpose, keep a list of experienced social welfare workers, particularly women social welfare workers, in the field of suppression of immoral traffic in persons.

(6) An appeal against an order made under sub-section (4) shall lie to the Court of Session whose decision on such appeal shall be final.

17-A. Conditions to be observed before placing persons rescued under Section 16 to parents or guardians .—Notwithstanding anything contained in sub-section (2) of Section 17, the magistrate making an inquiry under Section 17, may, before passing an order for handing over any person rescued under Section 16 to the parents, guardian or husband, satisfy himself about the capacity or genuineness of the parents, guardian or husband to keep such person by causing an investigation to be made by a recognised welfare institution or organisation.

18. Closure of brothel and eviction of offenders from the premises .—(1) A Magistrate may, on receipt of information from the police or otherwise, that any house, room, place or any portion thereof within a distance of two hundred metres of any public place referred to in sub-section (1) of Section 7 is being run or used as a brothel by any person, or is being used by prostitutes for carrying on their trade, issue notice on the owner, lessor or landlord or such house, room, place or portion or the agent of the owner, lessor or landlord or on the tenant, lessee, occupier of, or any other person in charge of such house, room, place, or portion, to show cause within seven days of the receipt of the notice why the same should not be attached for improper use thereof, and if, after hearing the person concerned, the Magistrate is satisfied that the house, room, place or portion is being used as a brothel or for carrying on prostitution, then the Magistrate may pass orders,—

(a) directing eviction of the occupier within seven days of the passing of the order from the house, room, place, or portion;

(b) directing that before letting it out during the period of one year or in a case where a child or minor has been found in such house, room, place or portion during a search under Section 15, during the period of three years, immediately after the passing of the order, the owner, lessor or landlord or the agent of the owner, lessor or landlord shall obtain the previous approval of the Magistrate;

Provided that, if the Magistrate finds that the owner, lessor or landlord as well as the agent of the owner, lessor or landlord, was innocent of the improper user of the house, room, place, or portion, he may cause the same to be restored to the owner, lessor or landlord or the agent of the owner, lessor landlord, with a direction that the house, room, place or portion shall not be leased out, or otherwise given possession of, to or for the benefit of the person who was allowing the improper use therein.

(2) A court convicting a person of any offence under Section 3 or Section 7 may pass orders under sub-section (1), without further notice to such person to show cause as required in that sub-section.

(3) Orders passed by the Magistrate or court under sub-section (1) or sub-section (2), shall not be subject to appeal and shall not be stayed or set aside by the order of any court, civil or criminal, and the said orders shall cease to have validity after the expiry of one year or three years, as the case may be:

Provided that where a conviction under Section 3 or Section 7 is set aside on an appeal on the ground that such house, room, place, or any portion thereof is not being run or uses as a brothel or is notbeing used by prostitutes for carrying on their trade, any order passed by the trial court under sub-section (1) shall also be set aside.

(4) Notwithstanding anything contained in any other law for the time being in force, when a Magistrate passes an order under sub-section (1), or a Court passes an order under sub-section (2), any lease or a agreement under which the house, room, place or portion is occupied at the time shall become void and inoperative.

(5) When an owner, lessor or landlord, or the agent of such owner, lessor or landlord fails to comply with a direction given under clause (b) of sub-section (1) he shall be punishable with fine which may extend to five hundred rupees or when he fails to comply with a direction under the proviso to that sub-section, he shall be deemed to have committed an offence under clause (b) of sub-section (2), of Section 3 or clause (c) of sub-section (2) of Section 7, as the case may be, and punished accordingly.

19. Application for being kept in a protective home or provided care and protection by court .—(1) A person who is carrying on, or is being made to carry on prostitution, may make an application, to the Magistrate within the local limits of whose jurisdiction she is carrying on, or is being made to carry on prostitution, for an order that she may be—

(a) kept in a protective home, or

(b) provided care and protection by the court in the manner specified in sub-section (3).

(2) The Magistrate may pending inquiry under sub-section (3) direct that the person be kept in such custody as he may consider proper, having regard to the circumstances of the case.

(3) If the Magistrate after hearing the applicant and making such inquiry as he may consider necessary, including an inquiry by a Probation Officer appointed under the Probation of Offender Act, 1958, (20 of 1958) into the personality, conditions of home and prospects of rehabilitation of the applicant, is satisfied that an order should be made under this section, he shall for reasons to be recorded, make an order that the applicant to be kept:

(i) in a protective home, or

(ii) in a corrective institution, or

(iii) under the supervision of a person appointed by the Magistrate for such period as may be specified in the order.

20. Removal of prostitute from any place .—(1) A Magistrate on receiving information that any person residing in or frequenting any place within the local limits of his jurisdiction is a prostitute, may record the substance of the information received and issue a notice to such person requiring her to appear before the Magistrate and show cause why she should not be required to remove herself from the place and be prohibited form re-entering it.

(2) Every notice issued under sub-section (1) shall be accompanied by a copy of the record aforesaid, and the copy shall be served along with the notice on the person against whom the notice is issued.

(3) The Magistrate shall, after the service of the notice referred to in sub-section (2), proceed to inquire into the truth of the information received, and after giving the person an opportunity of adducing evidence; take such further evidence as he thinks fit and if upon such inquiry it appears to him that such person is a prostitute and that it is necessary in the interest of the general public that such person should be required to remove herself therefrom and be prohibited from re-entering the same, the Magistrate shall, by order in writing communicate to the person in the manner specified therein, require her after a date (to be specified in the order) which shall not be less than seven days from the date of the order, to remove herself from the place tosuch place whether within or without the local limits of his jurisdiction, by such route or routes and within such time as may be specified in the order and also prohibit her from re-entering the place without the permission in writing of the Magistrate having jurisdiction over such place.

(4) Whoever,—

(a) fails to comply with an order issued under this section, within the period specified therein, or whilst an order prohibiting her from re-entering a place without permission is in force, re-enters the place without such permission, or

(b) knowing that any person has, under this section, been required to remove herself from the place and has not obtained the requisite permission to re-enter it, harbours or conceals such person in the place,

shall be punishable with fine which may extend to two hundred rupees and in the case of a continuing offence with an additional fine which may extend to twenty rupees for every day after the first during which she or he has persisted in the offence.

21. Protective homes.— (1) The State Government may in its discretion establish as many protective homes and corrective institutions under this Act as it thinks fit and such homes and institutions when established shall be maintained in such manner as may be prescribed.

(2) No person or no authority other than the State government shall, after the commencement of this Act, establish or maintain any protective home or corrective institution except under and in accordance with the conditions of, a licence issued under this section by the State Government.

(3) The State Government may, on application made to it in this behalf by a person or authority, issue to such person or authority a licence in the prescribed form for establishing and maintaining or as the case may be, for maintaining a protective home or corrective institution and a licence so issued may contain such conditions as the State Government may think fit to impose in accordance with the rules made under this Act:

Provided that any such condition may require that the management of the protective home or corrective institution shall, wherever practicable, be entrusted to women:

Provided further that a person or authority maintaining any protective home at the commencement of this Act shall be allowed a period of six months from such commencement to make an application for such licence:

Provided also that a person or authority maintaining any corrective institution at the commencement of the Suppression of Immoral Traffic in Women and Girls (Amendment) Act, 1978, shall be allowed a period of six months from such commencement to make an application for such licence.

(4) Before issuing a licence, the State Government may require such officer or authority as it may appoint for this purpose, to make a full and complete investigation in respect of the application received in this behalf and report to it the result of such investigation and in making any such investigation the officer or authority shall allow such procedure as may be prescirbed.

(5) A licence, unless sooner revoked, shall remain in force for such period as may be specified in the licence and may, on application made in this behalf atleast thirty days before the date of its expiration, be renewed for a like period.

(6) No licence issued or renewed under this Act shall be transferable.

(7) Where any person or authority to whom a licence has been granted under this Act or any agent or servant of such person or authority commits a breach of any of the conditions thereof or any of the provisions of this Act or of any of the rules made under this Act, or where the State Government is not satisfied with the conditions, management or superintendence or any protective home or corrective institution the State Government may, without prejudice to any other penalty which may have been incurred under this Act, for reasons to be recorded, revoke the licence by order in writing:

Provided that no such order shall be made until an opportunity is given to the holder of the licence to show cause why the licence shall not be revoked.

(8) Where a licence in respect of a protective home or corrective institution has been revoked under the foregoing sub-section such protective home or corrective institution shall cease to function from the date of, such revocation.

(9) Subject to any rule that may be made in this behalf, the State Government may also vary or amend any licence issued or renewed under this Act.

(9-A) The State Government or any authority authorised by it in this behalf may, subject to any rules that may be made in this behalf, transfer an inmate of a protective home to another protective home or to a corrective institution or an inmate of a corrective institution to another corrective institution or to a protective home, where such transfer is considered desirable having regard to the conduct of the person to be transferred, the kind of trainingto be imparted and other circumstances of the case:

Provided that,—

(i) no person who is transferred under this sub-section shall be required to stay in the home or institution to which she is transferred for a period longer than she was required to stay in the home or institution from which she was transferred;

(ii) reasons shall be recorded for every order of transfer under this sub-section.

(10) Whoever establishes or maintains a protective home or corrective institution except in accordance with the provisions of this section, shall be punishable in the case of a first offence with fine which may extend to one thousand rupees and in the case of second or subsequent offence with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both.

21-A. Production of records .—Every person or authority who is licensed under sub-section (3) of Section 21 to establish or maintain, or, as the case may be, for maintaining, a protective home or corrective institution shall whenever required by a Court, produce the records and other documents maintained by such home or institution before such court.

22. Trials .—No Court, inferior to that of a Metropolitan Magistrate or a Judicial magistrate of the first class, shall try any offence under Section 3, Section 4, Section 5, Section 6, Section 7 or Section 8.

22-A. Power to establish special Courts .—(1) If the State Government is satisfied that it is necessary for the purpose of providing for speedy trial of offences under this Act in any district or metropolitan area, it may, by notification in the official Gazette and after consultation with the High Court, establish one or more Courts of Judicial Magistrates of the first class, or, as the case may be, Metropolitan Magistrate, in such district or metropolitan area.

(2) Unless otherwise directed by the High Court, a court established under sub-section (1) shall exercise jurisdiction only in respect of cases under this Act.

(3) Subject to the provisions of sub-section (2), the jurisdiction and powers of the presiding officer of a court established under sub-section (1) in any district or metropolitan area shall extend throughout the district or the metropolitan area, as the case may be.

(4) Subject to the foregoing provisions of this section, a Court established under sub-section (1) in any district or metropolitan area shall be deemed to be a court established under sub-section (1) of Section 11, or, as the case may be, sub-section (1) of Section 16 of the Code of Criminal Procedure, 1973 (2 of 1974) and provisions of the Code shall apply accordingly in relation to such courts.

Explanation.—In this section, “High Court” has the same meaning as in clause (e) of Section 2 of the Code of Criminal Procedure, 1973.

[6] [22-AA. Power of Central Government to establish special courts .—(1) If the Central Government is satisfied that it is necessary for the purpose of providing for speedy trial of offences under this Act and committed in more than one State, it may, bynotification in the official Gazette and after consultationwith the High Court concerned, establish one or more courts of Judicial Magistrates of the first class or Metropolitan Magistrates for the trial of such offences.

(2) The provisions of Section 22-A, shall, so far as may be, apply to the courts established under sub-section (1), as they apply to Courts established under that section.

22-B. Power of court to try cases summarily .—Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the State Government may, if it considers it necessary so to do, direct that offences under this Act shall be tried in a summary way by a Magistrate including the presiding officer of a court established under sub-section (1) of Section 22-A and the provisions of Section 262 to 265 (both inclusive) of the said Code, shall, as far as may be, apply to such trial:

Provided that in the case of any conviction in a summary trial under this section, it shall be lawful for the Magistrate to pass a sentence of imprisonment for a term not exceeding one year:

Provided further that when at the commencement of, or in the course of, a summary trial under this section, it appears to the Magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undersirable to try the case summarily, the Magistrate shall, after hearing the parties record an order to that effect and thereafter recall any witness, who may have been examined and proceed to hear or re-hear the case in the manner provided by the said Code].

23. Power to make rules .—(1) The State Government may, by notification in the official Gazette, make rules for carrying on the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for :

(a) the notification of any placeas a public place;

(b) the placing in custody of persons for whose safe custody orders have been passed under sub-section (1) of Section 17 and their maintenance;

(bb) the discharge of an offender under sub-section (3) of Section 10-A from a corrective institution and the form of licence to be granted to such offender;

(c) the detention and keeping in protective homes or, as the case may be, in corrective institutions or person under this Act and their maintenance;

(d) the carrying out of the provisions of Section 11 regarding notification of residence or change of or absence from residence by released convicts;

(e) the delegation of authority to appoint the special police officer under sub-section (1) of Section 13;

(f) the carrying into effect of the provisions of Section 18;

(g) (i) the establishment, maintenance, management and superintendence of protective homes and corrective institutions under Section 21 and the appointment, powers and duties of persons employed in such home or institution;

(ii) the form in which an application for a licence may be made and the particulars to be contained in such application;

(iii) the procedure for the issue or renewal of a licence, the time within which such licence shall be issued or renewed and the procedure to be followed in making a full and complete investigation in respect of an application for licence;

(iv) the form of a licence and the condition to be specified therein;

(v) the manner in which the accounts of a protective home and a corrective institution shall be maintained and audited;

(vi) the maintenance of registers and statements by a licensee and the form of such registers and statements;

(vii) the care, treatments, maintenance, training, instruction, control and discipline of the inmates of protective home and corrective institutions;

(viii) the visits to and communications with inmates;

(ix) the temporary detention of persons sentenced to detention in protective homes or in corrective institution until arrangements are made for sending them to suchhomes or institutions;

(x) the transfer of an inmate from:

(a) protective home to another, or to a corrective institution,

(b) one corrective institution to another, or to a protective home, under sub-section (9-A) of Section 21;

(xi) the transfer in pursuance of an order of the Court from a protective home or a corrective institution to a prison of a person found to be incorrigible or exercising bad influence upon other inmates of the protective home or the corrective institution and the period of her detention in such prison;

(xii) the transfer to a protective home or corrective institution of persons sentenced under Section 7 or Section 8 and the period of their detention in such home or institution;

(xiii) the discharge of inmates from a protective home or corrective institution either absolutely or subject to conditions, and their arrest in the event of breach of such conditions;

(xiv) the grant of permission to inmates to absent themselves for short periods;

(xv) the inspection of protective homes and corrective institutions and other institutions in which a persons may be kept, detained and maintained;

(h) any other matter which has to be, or may be prescribed.

(3) In making any rule under clause (d) or clause (g) or sub-section (2), the State Government may provide that a breach thereof be punishable with fine which may extend to two hundred and fifty rupees.

(4) All rules made under this Act shall, as soon as may be after they are made, be laid before the State Legislature.

24. Act not to be in derogation of certain other Acts .—Nothing in this Act shall be construed to be in derogation of the provisions of the Reformatory Schools Act, 1897 or any State Act enacted in modification of the said Act or otherwise, relating to juvenile offenders.

25. Repeal and savings .—(1) As from the date of the coming into force in any State of the provisions other thanSection 1 of this Act, all State Acts relating to suppression of immoral traffic in persons or to the prevention of prostitution, in force in that State immediately before such date shall stand repealed.

(2) Notwithstanding the repeal by this Act, of any State Act referred to in sub-section (1), anything done or any action taken including any direction given in any register, rule or order made, any restriction imposed) under the provision of such State Act shall in so far as such thing or action is not inconsistent with the provisions of this Act be deemed to have been done or taken under the provisions of this Act as if the said provisions were in force when such thing was done or such action was taken and shall continue in force accordingly until superseded by anything done or any action taken under this Act.

Explanation.—In this section, the expression `State Act `includes a `Provincial Act$.

THE SCHEDULE

[See Section 2(c)]

Section Magistrate competent to exercise the powers

7(1) District Magistrate.

11 (4) Metropolitan Magistrate of Judicial Magistrate of the first class.

12 (4) [7][* * * * * * * * * * * *]

15(5) Metropolitan Magistrate, Judicial Magistrate of the first class, District Magistrate or Sub-divisional Magistrate.

16 Metropolitan Magistrate, Judicial Magistrate of the first class, District Magistrate or Sub-divisional Magistrate.

18 District Magistrate or Sub-divisional Magistrate.

19 Metropolitan Magistrate, Judicial Magistrate of the first class, District Magistrate or Sub-divisional Magistrate.

20 District Magistrate, Sub-divisional Magistrate or any Executive Magistrate specially empowered by the State Government.

22-B Metropolitan Magistrate of Judicial Magistrate of the first class.

==========================

[1] Sub-section (e) omitted by Act No 46 of 1978.

[2] Sub-sec. (2) omitted by Act No. 44 of 1986.

[3] Sub-section (2) omitted by Act No. 44 of 1986.

[4] Sec. 10 omitted by Act No. 44 of 1986.

[5] Section 12 omitted by Act No. 44 of 1986.

[6] Ins. by Act No. 44 of 1986 (w.e.f. 26-1-1987).

[7] Figures and words ommited byAct No. 44 of 1986 (w.e.f. 2-6-1987).

WHEREAS it is expedient to take power to require passports of persons entering 2*[India]; It is hereby enacted as follows:-

1.Short title and extent.

1. Short title and extent.- (1) This Act may be called 3*[the
Passport (Entry into India) Act, 1920].

(2) It shall extend to 4*[the whole of India], 5***.

2.Definitions.

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.

3.Power to make rules.

3. Power to make rules.- (1) The Central Government may make rules
6* 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 7*[India] or any part thereof of any person who has not in his possession a passport issued to him;

———————————————————————-
Extended to Sikkim (w.e.f. 20.9.1976) vide Notifn. No. S. O. 3392, dated 3.9.1976.1. This Act has been extended to Goa, Daman and Diu with modifications by Regulation 12 of 1962, s. 3 and Sch.; to Dadra and Nagar Haveli by Regulation 6 of 1963, s. 2 and Sch. I; and to Laccadive, Minicoy and Amindivi Islands by Regulation 8 of 1965, s. 3 and Sch.
2. Subs. by Act 36 of 1949, s. 2, for “the Provinces of India”.
3. Subs. by Act 15 of 1967, s. 25, for “the Indian Passport Act.
1920″.
4. Subs. by Act 36 of 1949, s. 3, for “all the Provinces of India”.
5. The words “excluding the State of Hyderabad” subs. by the A.O.
1950. omitted by Act 3 of 1951, s. 3 and Sch.
6. For Passport (Entry into India) Rules, 1950, see Gazette of India,
1950, Pt. II, Sec. 3, p. 91.7. Subs. by Act 36 of 1949, s. 4, for “Provinces”.

2.(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 punishable with imprisonment for a term which may extend to three months, or with fine 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.

1*[(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 case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

4.Power of arrest.

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 2*[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 section 61 of the
Code of Criminal Procedure, 1898, (5 of 1898) shall, so far as may be, apply in the case of any such arrest.

5.Power of removal.

5. Power of removal. – The 2*[Central Government] may, by general or special order, direct the removal of any person from 3*[India] who, in contravention of any rule made under section 3 prohibiting entry into 3*[India] without passport, has entered therein, and thereupon any officer of the Government shall have all reasonable powers necessary to enforce such direction.

6.Application of Act to Part B States.

4*6. [Application of Act to Part B States.] Rep. by the Part B
States (Laws) Act, 1951 (3 of 1951), s. 3 and Sch.
———————————————————————-
1. Ins. by Act 4 of 1986, s.2 and Sch. (w.e.f. 15.5.1986)
2. Subs. by the A.O. 1937 for “L.G”.
3. Subs. by Act 36 of 1949, s. 4, for “the Provinces”.
4. Ins. by s. 5, ibid.

1.Short title.

1. Short title.-This Act may be called the Passport (Entry into
India) Amendment Act, 2000.

2.Amendment of section 3.2. Amendment of section 3.-In section 3 of the Passport (Entry into
India) Act, 1920 (34 of 1920) (hereinafter referred to as the principal Act), in sub-section (3), for the words “punishable with imprisonment for a term which may extend to three months, or with fine, or with both”, the words “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” shall be substituted.

3.Insertion of new section 3A.

3. Insertion of new section 3A.-After section 3 of the principal Act, the following section shall be inserted, namely:-

“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 punishable with double the penalty provided for the later offence.”.

4.Amendment of section 4.4. Amendment of section 4.-In section 4 of the principal Act, in sub-section (2), for the words and figures “section 61 of the Code of
Criminal Procedure, 1898 (5 of 1898),”, the words and figures “section
57 of the Code of Criminal Procedure, 1973 (2 of 1974),” shall be substituted.

1.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, 2001.2.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..

3.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.

BE it enacted by Parliament in the Eighteenth Year of the
Republic of India as follows :–

1.Short title and extent.

1. Short title and extent. (1) This Act may be called the
Passports Act, 1967.(2) It extends to the whole of India and applies also to citizens of India who are outside India.

2.Definitions.

2. Definitions. In this Act, unless the context otherwise requires,–

(a) “departure”, with its grammatical variations and congnate expressions, means departure from India by water, land or air;

(b) “passport” means a passport issued or deemed to have been issued under this Act;

(c) “passport authority” means an officer or authority empowered under rules made under this Act to issue passports or travel documents and includes the Central
Government;

(d) “prescribed” means prescribed by rules made under this
Act;

(e) “travel document” means a travel document issued or deemed to have been issued under this Act.

3.Passport or travel document for departure from India.

3. Passport or travel document for departure from India. No person shall depart from, or attempt to depart from India unless he holds in this behalf a valid passport or travel document.

Explanation.–For the purposes of this section,–

(a) “passport” includes a passport which having been issued by or under the authority of the Government of a foreign country satisfies the conditions prescribed under the Passport (Entry into India) Act, 1920, (34.of 1920) in respect of the class of passports to which it belongs;

(b) “travel document” includes a travel document which having been issued by or under the authority of the
Government of a foreign country satisfies the conditions prescribed.

4.Classes of passports and travel documents.

4. Classes of passports and travel documents. (1) The following classes of passports may be issued under this Act, namely:–

(a) ordinary passport;

(b) Official passport;

(c) diplomatic passport.

28.(2) The following classes of travel documents may be issued under this Act, namely:–

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

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

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

(3) The Central Government shall, in consonance with the usage and practice followed by it in this behalf, prescribe the classes of persons to whom the classes of passports and travel documents referred to respectively in sub-section (1) and sub-section (2) may be issued under this Act.

5.Applications for passports, travel documents, etc. and orders thereon.

5. Applications for passports, travel documents, etc. and orders thereon. 1*[(1) An application for the issue of a passport under this
Act for visiting such foreign country or countries (not being a named foreign country) as may be specified in the application may be made to the passport authority and shall be accompanied by 2*[such fee as may be prescribed to meet the expenses incurred on special security paper, printing, lamination and other connected miscellaneous services in issuing passports and other travel documents]

Explanation.–In this section, “named foreign country” means such foreign country as the Central Government may, by rules made under this Act, specify in this behalf.

(1A) An application for the issue of–

(i) a passport under this Act for visiting such foreign country; or

(ii) a travel document under this Act, for visiting such foreign country or countries (including a named foreign country) as may be specified in the application or for an endorsement on the passport or travel document referred to in this section,

may be made to the passport authority and shall be accompanied by such fee (if any) not exceeding rupees fifty, as may be prescribed.

(1B) Every application under this section shall be in such form and contain such particulars as may be prescribed.]

(2) On receipt of an application 3*[under this section,] the passport authority, after making such inquiry, if any, as it may consider necessary, shall, subject to the other provisions of this
Act, by order in writing,–

(a) issue the passport or travel document with endorsement or, as the case may be, make on the passport or travel document the endorsement, in respect of the foreign country or countries specified in the application; or

(b) issue the passport or travel document with endorsement, or, as the case may be, make on the passport or travel document the endorsement, in respect of one or more of the foreign countries specified in the application and refuse to make an endorsement in respect of the other country or countries; or

(c) refuse to issue the passport or travel document or, as the case may be, refuse to make on the passport or travel document any endorsement.
———————————————————————
1. Subs. by Act 31 of 1978, s. 2, for sub-section (1).
2. Subs. by Act 35 of 1993, s. 2 (w.e.f. 1-7-1993)
3. Ins. by Act 31 of 1978 s.2,

29.(3) Where the passport authority makes an order under clause (b)
or clause (c) of sub-section (2) on the application of any person, it shall record in writing a brief statement of its reasons for making such order and furnish to that person on demand a copy of the same unless in any case the passport authority is of the opinion that it will not be 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 to furnish such copy.

6.Refusal of passports, travel documents, etc.

6. Refusal of passports, travel documents, etc. (1) Subject to the other provisions of this Act, the passport authority shall refuse to make an endorsement for visiting any foreign country under clause
(b) or clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely:–

(a) that the applicant may, or is likely to, engage in such country in activities prejudicial to the sovereignty and integrity of India;

(b) that the presence of the applicant in such country may, or is likely to, be detrimental to the security of
India;

(c) that the presence of the applicant in such country may, or is likely to, prejudice the friendly relations of
India with that or any other country;

(d) that in the opinion of the Central Government the presence of the applicant in such country is not in the public interest.

(2) Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely :–

(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

30

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.

7.Duration of passports and travel documents.

7. Duration of passports and travel documents. A passport or travel document shall, unless revoked earlier, continue in force for such period as may be prescribed and different periods may be prescribed for different classes of passports or travel documents or for different categories of passports or travel documents under each such class:

Provided that a passport or travel document may be issued for a shorter period than the prescribed period–

(a) if the person by whom it is required so desires; or

(b) if the passport authority, for reasons to be communicated in writing to the applicant, considers in any case that the passport or travel document should be issued for a shorter period.

8.Extension of period of Passport.

1*[8. Extension of period of Passport. Where a passport is issued for a shorter period than the prescribed period under section 7, such shorter period shall, unless the passport authority for reasons to be recorded in writing otherwise determines, be extendable for a further period (which together with the shorter period shall not exceed the prescribed period) and the provisions of this Act shall apply to such extension as they apply to the issue thereof.]

9.Conditions and forms of passports and travel documents.

9. Conditions and forms of passports and travel documents. The conditions subject to which, and the form in which, a passport or travel document shall be issued or renewed shall be such as may be prescribed:

Provided that different conditions and different forms may be prescribed for different classes of passports or travel documents or
———————————————————————
1. Subs. by Act 35 of 1993, s. 3 (w.e.f. 1-7-1993).

31.for different categories of passports or travel documents under each such class:

Provided further that a passport or travel document may contain in addition to the prescribed conditions such other conditions as the passport authority may, with the previous approval of the Central
Government, impose in any particular case.

10.Variation, impounding and revocation of passports and traveldocuments.

10. Variation, impounding and revocation of passports and travel documents. (1) The passport authority may, having regard to the provisions of sub-section (1) of section 6 or any notification under section 19, vary or cancel the endorsements on a passport or travel document or may, with the previous approval of the Central Government, vary or cancel the conditions (other than the prescribed conditions)
subject to which a passport or travel document has been issued and may, for that purpose, require the holder of a passport or a travel document, by notice in writing, to deliver up the passport or travel document to it within such time as may be specified in the notice and the holder shall comply with such notice.

(2) The passport authority may, on the application of the holder of a passport or a travel document, and with the previous approval of the Central Government also vary or cancel the conditions (other than the prescribed conditions) of the passport or travel document.

(3) The passport authority may impound or cause to be impounded or revoke a passport or travel document,-

(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;

1*[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;
———————————————————————
1. Ins. by Act 35 of 1993, s. 4 (w.e.f. 1-7-1993)

32.(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 with a notice under sub-section (1)
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.

(4) The passport authority may also revoke a passport or travel document on the application of the holder thereof.

(5) Where the passport authority makes an order varying or cancelling the endorsements on, or varying the conditions of, a passport or travel document under sub-section (1) or an order impounding or revoking a passport or travel document under sub-section
(3), it shall record in writing a brief statement of the reasons for making such order and furnish to the holder of the passport or travel document on demand a copy of the same unless in any case, the passport authority is of the opinion that it will not be 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 to furnish such a copy.

(6) The authority to whom the passport authority is subordinate may, by order in writing, impound or cause to be impounded or revoke a passport or travel document on any ground on which it may be impounded or revoked by the passport authority and the foregoing provisions of this section shall, as far as may be, apply in relation to the impounding or revocation of a passport or travel document by such authority.

(7) A court convicting the holder of a passport or travel document of any offence under this Act or the rules made thereunder may also revoke the passport or travel document:

Provided that if the conviction is set aside on appeal or otherwise the revocation shall become void.

(8) An order of revocation under sub-section (7) may also be made by an appellate court or by the High Court when exercising its powers of revision.

33.(9) On the revocation of a passport or travel document under this section the holder thereof shall, without delay, surrender the passport or travel document, if the same has not already been impounded, to the authority by whom it has been revoked or to such other authority as may be specified in this behalf in the order of revocation.

11.Appeals.

11. Appeals. (1) Any person aggrieved by an order of the passport authority under clause (b) or clause (c) of sub-section (2) of section
5 or clause (b) of the provisio to section 7 or sub-section (1), or sub-section (3) of section 10 or by an order under sub-section (6) of section 10 of the authority to whom the passport authority is subordinate, may prefer an appeal against that order to such authority
(hereinafter referred to as the appellate authority) and within such period as may be prescribed:

Provided that no appeal shall lie against any order made by the
Central Government.

(2) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor:

Provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfied the appellate authority that he had sufficient cause for not preferring the appeal within that period.

(3) The period prescribed for an appeal shall be computed in accordance with the provisions of the Limitation Act, 1963, (36 of
1963.) with respect to the computation of the periods of limitation thereunder.

(4) Every appeal under this section shall be made by a petition in writing and shall be accompanied by a copy of the statement of the reasons for the order appealed against where such copy has been furnished to the appellant and 1*["by such fee as may be prescribed for meeting the expenses that may be incurred in calling for relevant records and for connected services"]

(5) In disposing of an appeal, the appellate authority shall follow such procedure as may be prescribed:

Provided that no appeal shall be disposed of unless the appellant has been given a reasonable opportunity or representing his case.

(6) Every order of the appellate authority confirming, modifying or reversing the order appealed against shall be final.

12.Offences and penalties.

12. Offences and penalties. (1) Whoever–

(a) contravenes the provisions of section 3; or

(b) knowingly furnishes any false information or suppresses any material information with a view to obtaining a passport or travel document under this Act or without lawful authority alters or attempts to alter or causes to alter the entries made in a passport or travel document; or

(c) fails to produce for inspection his passport or travel document (whether issued under this Act or not) when called upon to do so by the prescribed authority; or

(d) knowingly uses a passport or travel document issued to another person; or

(e) knowingly allows another person to use a passport or travel document issued to him,
———————————————————————
1. Subs. by Act 35 of 1993, s. 5 (w.e.f. 1-7-1993)

34.shall be punishable with imprisonment for a term which may extend to
1*[two years or with fine which may extend to five thousand rupees]
or with both.

1*[(1A) Whoever, not being a citizen of India,-

(a) makes an application for a passport or obtains a passport by suppressing information about his nationality, or

(b) holds a forged passport or any travel document,

shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to five years and with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees.]

(2) Whoever abets any offence punishable under 1*[Sub-section (1)
or sub-section (1A)] shall, if the act abetted is committed in consequence of the abetment, be punishable with the punishment provided in that sub-section for that offence.

(3) Whoever contravenes any condition of a passport or travel document or any provision of this Act or any rule made thereunder for which no punishment is provided elsewhere in this Act shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.

(4) Whoever, having been convicted of an offence under this Act, is again convicted of an offence under this Act shall be punishable with double the penalty provided for the latter offence.

13.Power to arrest.

13. Power to arrest. (1) Any officer of customs empowered by a general or special order of the Central Government in this behalf and any 2*[officers of police or emigration officer] not below the rank of a sub-inspector may arrest without warrant any person against whom a reasonable suspicion exists that he has committed any offence punishable under section 12 and shall, as soon as may be, inform him of the grounds for such arrest.

(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 3*[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].

14.Power of search and seizure.

14. Power of search and seizure. (1) Any officer of customs empowered by a general or special order of the Central Government in this behalf and any 2*[officer of police or emigration officer] not below the rank of a sub-inspector may search any place and seize any passport or travel document from any person against whom a reasonable suspicion exists that he has committed any offence punishable under section 12.(2) The provisions of the 4*[Code of Criminal Procedure, 1973.(2 of 1974), relating to searches and seizures shall, so far as may be, apply to searches and seizures under this section.

15.Previous sanction of Central Government necessary.

15. Previous sanction of Central Government necessary. No prosecution shall be instituted against any person in respect of any offence under this Act without the previous sanction of the Central
Government or such officer or authority as may be authorized by that
Government by order in writing in this behalf.

16.Protection of action taken in good faith.

16. Protection of action taken in good faith. No suit, prosecution or other legal proceeding shall lie against the Government or any officer or authority for anything which is in good faith done or intended to be done under this Act.

17.Passports and travel documents to be property of Central Government.

17. Passports and travel documents to be property of Central
Government. A passport or travel document issued under this Act shall at all times remain the property of the Central Government.
---------------------------------------------------------------------
1. Subs. by s. 4, ibid., for certain words.
2. Subs. & Ins. by Act 35 of 1993, s. 6 (w.e.f. 1-7-1993).
3. Subs. by Act 31 of 1978, s. 3, for certain words.
4. Subs. by s. 7, ibid. (w.e.f. 1-7-1993).

35.1* * * * *

19.Passports and travel documents to be invalid for travel to certaincountries.

19. Passports and travel documents to be invalid for travel to certain countries. Upon the issue of a notification by the Central
Government that a foreign country is--

(a) a country which is committing external aggression against India; or

(b) a country assisting the country committing external aggression against India; or

(c) a country where armed hostilities are in progress; or

(d) a country to which travel must be restricted in the public interest because such travel would seriously impair the conduct of foreign affairs of the Government of India a passport or travel document for travel through or visiting such country shall cease to be valid for such travel or visit unless in any case a special endorsement in that behalf is made in the prescribed form by the prescribed authority.

20.Issue of passports and travel documents to persons who are notcitizens of India.

20. Issue of passports and travel documents to persons who are not citizens of India. Notwithstanding anything contained in the foregoing provisions relating to issue of a passport or travel document, the Central Government may issue, or cause to be issued, a passport or travel document to a person who is not a citizen of India if that Government is of the opinion that it is necessary so to do in the public interest.

21.Power to delegate.

21. Power to delegate. The Central Government may, by notification in the Official Gazette, direct that any power or function which may be exercised or performed by it under this Act other than the power under clause (d) of sub-section (1) of section 6.or the power under clause (i) of sub-section (2) of that section or the power under section 24, may, in relation to such matters and subject to such conditions, if any, as it may specify in the notification, be exercised or performed--

(a) by such officer or authority subordinate to the Central
Government; or

(b) by any State Government or by any officer or authority subordinate to such Government; or

(c) in any foreign country in which there is no diplomatic mission of India, by such foreign Consular Officer;

as may be specified in the notification.
---------------------------------------------------------------------
1. Omitted by Act 35 of 1993, s. 8 (w.e.f. 1-7-1993).

36.22.Power to exempt.

22. Power to exempt. Where the Central Government is of the opinion that it is necessary or expedient in the public interest so to do, it may, by notification in the Official Gazette and subject to such conditions, if any, as it may specify in the notification,--

(a) exempt any person or class of persons from the operation of all or any of the provisions of this Act or the rules made thereunder; and

(b) as often as may be, cancel any such notification and again subject, by a like notification, the person or class of persons to the operation of such provisions.

23.Act to be in addition to certain enactments.

23. Act to be in addition to certain enactments. The provisions of this Act shall be in addition to and not in derogation of the provisions of the Passport (Entry into India) Act, 1920 (34 of 1920),
1*[the Emigration Act, 1983 (31 of 1983)] the Registration of
Foreigners Act, 1939 (16 of 1939), the Foreigners Act, 1946 (31.of 1946), 2* the Trading with the Enemy (Continuance of Emergency
Provisions) Act, 1947 (16 of 1947), the Foreigners Law (Application and Amendment) Act, 1962 (42 of 1962), 3*[the Foreign Exchange
Regulation Act, 1973 (46 of 1973)] and other enactments relating to foreigners and foreign exchange.

24.Power to make rules.

24. Power to make rules. (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :–

(a) the appointment, jurisdiction, control and functions of passport authorities;

(b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1)
and sub-section (2) of section 4 may be issued;

(c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made;

(d) the period for which passports and travel documents shall continue in force;

(e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied;
———————————————————————
1. Subs. by Act 35 of 1993, s. 9 (w.e.f. 1-7-1993).
2. The words “the Foreign Exchange Regulation Act, 1947″ omitted by
Act 31 of 1978, s. 5.3. Ins. by Act 31 of 1978, s. 5, ibid.

37.1*[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;]

(f) the fees payable in respect of 2*[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport] for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act;

(g) the appointment of appellate authorities under sub-
section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities;

(h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor;

(i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act.

(3) 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 3*[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 case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

25.Change of short title of Act 34 of 1920.25. Change of short title of Act 34 of 1920. In the Indian
Passport Act, 1920, in sub-section (1) of section 1, for the words and figures “the Indian Passport Act, 1920,” the words, brackets and figures “the Passport (Entry into India) Act, 1920″ shall be substituted.

4* * * * *
———————————————————————
1. Ins. by Act 31 of 1978, s. 6.2. Subs. by Act 35 of 1993 s. 10 (w.e.f. 1-7-1993).
3. Subs. by s. 6, ibid., for certain words.
4. Omitted by Act 35 of 1993, s. 8 (w.e.f. 1-7-1993).

38.27.Repeal and saving.

27. Repeal and saving. (1) The Passports Ordinance, 1967 (4 of
1967) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken or purporting to have been done or taken under the said
Ordinance shall be deemed to have been done or taken under this Act as if this Act had commenced on the 5th day of May, 1967.

WHEREAS it is expedient to provide for the registration of foreigners entering, being present in, and departing from, British India;

1.Short title and extent.

1. Short title and extent. (1) This Act may be called the
Registration of Foreigners Act, 1939.(2) It extends to 2[the whole of India]

2.Definitions.

2. Definitions. In this Act-

3[ (a)" foreigner " means a person who is not a citizen of India;]

4* * * *
* *

(b) “prescribed ” means prescribed by rules made under this Act.

3.Power to make rules.

3. Power to make rules. [(1)]8 The Central Government may after previous publication, by power to notification in the Official
Gazette, make rules 6 with respect to make rules. foreigners for any or all of the following purposes, that is to say-

(a)for requiring any foreigner entering, or being present in, 7[India]
to report his presence to a prescribed authority
———————————————————————

*This Act has been extended to-

Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and
Sch. Pondicherry with, modifications vide Notification No. G.S.R.
1557. dated 24-11-1962, Gazette of India, Part 11, Sec. 3 (i), p. 1886.; brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2.and Sch. I. (w.e.f. 1-7-1965) ;

Lakshadweep vide Reg. 8 of 1665, s. 3 and Sch. (w.e.f. 1-10-1967)
Sch. (w.e.f. 1-10-1967).

the State of Sikkim vide Notification No. G.S.R. 41 (E), dated 27-1-
1976 (w.e.f. 1-2-1976).

1 Subs. by Act 37 of 1949, s. 2, for “the Provinces of India”.

2 Subs. by s. 3, ibid., for “all the Provinces of India”.

3 The words “except the State of Hyderabad”, ins. by the A.O. 1950, omitted by Act 3 of 1951, s. 3 and Sch.

4 Subs. by Act 11 of 1957, s, 8, for the former clause (w.e.f. 19-1-
1957).

5 Cl. (aa), ins. by the A.O. 1950, omitted by Act 3 of 1951, s. 3.and Sch.

6 For Registration of Foreigners Rules. 1939, see Gazette of India,
1939, Pt. I, P. 1059.7 Subs. by Act 37 of 1949, s. 4. for “the Provinces”.

8 Renumbered by Act 4 of 1986 , s. 2, such. (w.e.f. 15-5-1986)

4.within such time and in such manner and with such particulars as may be prescribed;

(b)for requiring any foreigner moving from one place to another place in 1[India] to report, on arrival at such other place, his presence to a prescribed authority within such time and in such manner and with such particulars as may be prescribed;

(c) for requiring any foreigner who is about to leave 1[India] to report the date of his intended departure and such other particulars as may be prescribed to such authority. and within such period before departure as may. be prescribed;

(d) for requiring any foreigner entering, being present in, or departing from, 1[India] to produce, on demand by a prescribed authority, such proof of his identity as may be prescribed;

(e) for requiring any person having the management of any hotel, boarding-house, sarai or any other premises of like nature to report the name of any foreigner residing therein for whatever duration, to a prescribed authority, within such time and in such manner and with such particulars as may be prescribed;

(f) for requiring any person having the management or control of any vessel or aircraft to furnish to a prescribed authority such information as may be prescribed regarding any foreigner entering, or intending to depart from, 1[India], in such vessel or aircraft, and to furnish to such authority such assistance as may be necessary or pres-
cribed for giving effect to this Act;

2(4) Every rule made under this section 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 there after have effect only, in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done tinder that rule.]

(g)for providing for such other incidental or supplementary matters as may appear to the Central Government necessary or expedient for giving effect to this Act.

4.Burden of proof.

4.Burden of proof.If any question arises with reference to this Act or any rule made thereunder, whether any person is or is not a foreigner, or is or is not a foreigner of a particular class or description, the onus of proving that such person is not a foreigner or is not a foreigner of

———————————————————————-
1. Subs. by Act 37 of 1949, s. 4, for “the Provinces”

2. Ins. by Act 4 of 1986, S. 2 & Sch(w.e.f. 15-5-1956)

4A

such particular class or description, as the case may be, shall, not withstanding anything contained in the Indian Evidence Act, 1872 (1 of
1872 ) lie upon such person.

5.Penalties.

5. Penalties. Any person who contravenes, or attempts to contravene, or fails to comply with, any provision of any rule made under this Act shall be punished, if a foreigner, with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both, or if not a foreigner, with fine which may extend to five hundred rupees.

6.Power to exempt from application of Act.

6. Power to exempt from application of Act. The Central Government may, by order 1, declare that any or all of the provisions of the rules made under this Act shall not apply

———————————————————————

1 for Registration of Foreigners Exemption Order, 1949, see
Gazette of India 1949, Pt. I, P. 1591.
5.or shall apply only with such modifications or subject to such conditions as may be specified in the said order, to or in relation to any individual foreigner or any class or description of foreigner :

Provided that a copy of every such order shall be placed on the table of 1* * * Parliament as soon as may be after its promulgation.

7.Protection to persons acting under this Act.

7. Protection to persons acting under this Act. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this
Act.

8.Application of other laws not barred.

8. Application of other laws not barred. The provisions of this Act shall be in addition to, and not in derogation of, the provisions of the Foreigners Act, 2[1946] (31 of 1946.) and any other law for the time being in force.

9.Application of Act to Part B States.

9. Application of Act to Part B States. [Application of Act to
Part B States.] Rep. by the Part B States (Laws) Act, 1951 (3 of
1951), s. 3 and Sch.

———————————————————————

1 The words ” both Houses of ” rep. by the A.O. 1948.2 Subs. by Act 37 of 1949, s. 5, for ” 1864″.

3 Added, ibid, s. 6.