India: Rules No. 4/5/49-F-1 of 1950, Passport (Entry into India) Rules, 1950

In exercise of the powers conferred by Section 3 of the Passport (Entry into India) Act, 1920 (Act XXXIV of 1920), and in supersession of the Indian Passport Rules, 1921, the Central Government is pleased to make the following rules:

1.

(1)These rules may be called the Passport (Entry into India) Rules, 1950.

(2)They extend to the whole of India.

2.

In these rules, "competent authority" means any person designated by order of the Central Government to exercise all or any of the powers of competent authority under these rules.

3.

Save as provided in Rule 4, no person proceeding from any place outside India shall enter, or attempt to enter, India by water, land or air -

(a)unless he is in possession of a valid passport conforming to the conditions prescribed in Rule 5, and

(b)except through such port (including an airport) or other place as may be specified in this behalf by the Central Government, and ports or other places specified under clause (a) of sub-paragraph (1) of paragraph 3 of the Foreigners Order, 1948 shall be deemed to have been specified.

Explanation. - A person entering India by water or air shall not be deemed to be proceeding from a place outside India by reason only of the fact that he has traversed extra-territorial waters or land in the course of his journey.

4.

(1)The following classes of persons shall be exempted from the provisions of Rule 3:-

(a)[Omitted by G.S.R. No 1454, dated 30-9-1967].

(b)member of the Naval, Military or Air Force of India, entering India on duty, and members of the family of any such person when accompanying such person to India on a Government Transport;

(c)[Omitted vide, G.S.R. No 1454, dated 30-9-1967];

(cc)[Omitted vide, G.S.R. No 1454, dated 30-9-1967];

(d)[Omitted vide, G.S.R. No 1454, dated 30-9-1967];

(dd)[Omitted vide, G.S.R. No 1454, dated 30-9-1967];

(e)[Omitted by G.S.R. No 12011/2-80-F-III, dated 6-11-1980];

(f)persons domiciled in India entering India by land or by air over the Nepalese or Bhutanese frontier;

(g)Nepalese and Bhutanese entering India by land or by air over the Nepalese or Bhutanese frontier;

(h)bona fide Mohammedan pilgrims domiciled in India returning from Jeddah and Basra;

(i)other persons or classes of persons specified by general or special order of the Central Government.

(2)In specifying any person or class of persons in accordance with the provisions of clause (i) of sub-rule (1), the Central Government may prescribe any conditions to which the exemption of such person or class of persons from the provisions of Rule 3 shall be subjected.

5.

The conditions of a valid passport are:

(i)that it shall have been issued or renewed by on behalf of the Government of the country of which the person to whom it relates is a national, and shall be within the period of its validity;

(ii)that it shall have affixed to it a photograph of the person to whom it relates duly authenticated by the authority issuing the passport except in the following cases:

(a)where a child below the age of 15 years has been included in the passport of either of his parents;

(b)where a pardanashin wife has been included in the passport of her husband and is travelling with her husband;

(c)where a pardanashin woman has been granted a separate passport for herself only –

(1)if she is accompanied by a male attendant who is in possession of a valid passport and visa, and

(2)if the name of the male attendant and the particulars of his passport and visa are duly entered in the passport of the pardanashin woman.

(iii)Omitted vide Notification No: S.O 448 (e) dated 16.6.84, published in the Gazette of India dated 16.6.84 effective from 18.6.84.

(iv)that when issued by or on behalf of the Government of a foreign country [other than Bangladesh, Nepal and Pakistan][1] other than Pakistan, it shall have been [endorsed by a proper Indian diplomatic, consular or passport authority or by such other authority as may be authorized in this behalf by the Central Government][2] by way of visa for India in one or other of the following kinds, namely:

(a)A single journey visa, valid for such period not exceeding one year as may be specified therein and for one journey to India;

(b)a transit visa, valid for such period not exceeding one year or the period of validity of the visa for the country of ultimate destination, as may be specified therein, and for one or more direct journeys through India undertaken for the sole purpose of reaching any place or country outside India, permitting on each such journey a sojourn of not more than fifteen days in India unless specially extended by a competent authority; and

[Provided that in the case of a person entering India over the Tibetan or Bhutanese frontier, it shall also be endorsed by proper Indian diplomatic, consular or passport authority by way of a visa or a transit visa];[3]

(c)an ordinary visa, valid for such period not exceeding [five][4] years as may be specified therein, and for any number of journeys to India;

(iv-a)[5]Nothing in clause (iv) shall apply to, or in relation, holding the diplomatic or official passport issued by the Government of Denmark.

1.Norway;

2.Finland;

3.Sweden;

4.Denmark;

5.Yugoslavia;

6.Bulgaria;

7.Iceland;

8.Maldives.

Provided that the aforesaid period of ninety days shall include any prior period of stay of such person in India during a period of six months Immediately before the date of his entry into India;

Provided further that the Central Government may, by Notification in the Official Gazette, suspend the operation of this clause in respect of any or all the aforesaid countries, at any time if it deems it necessary so to do in the public interest.

(iv-b)⁵Nothing in clause (iv) shall apply to, or in relation to, any person the duration of whose stay in India does not exceed ninety days and who is in possession of a passport issued by, or on behalf of, the Government of Maldives:

Provided that the aforesaid period of ninety days shall include any prior period of stay of such person in India during a period of six months immediately before the date of his entry into India.

(iv-c)[6]nothing in clause (iv) shall apply to, or in relation to, any person of South Asian Association for Regional Cooperation countries, namely, Bangladesh, Bhutan, Maldives, Nepal, Pakistan and Sri Lanka, who is,-

(a)a Judge of the Supreme Court or of the highest court; or

(b)a Member of Parliament or of a similar highest legislative body; or

(c)a Head of a National level University, and his spouse/spouses and dependent children not above the age of eighteen years, while accompanying him:

Provided that they are in possession of valid visa Endorsement of South Asian Association for Regional Cooperation Countries and respective national passports.

Explanation - National level universities are those as are centrally funded or the national level academic body or bodies as set up by the National Governments."

5-A.

Any diplomatic, consular or passport authority referred to in Cl. (iv) of Cl. (iv-a)[7] Cl. (iv-b) of Cl. (iv-c) of Rule 5 may at any time and without assigning any reason make an order that the endorsement by way of visa ²[made on a passport] shall be of no effect and may for this purpose require the production of the passport before it and cancel the visa endorsement made hereon.

6.

Any person who-

(a)contravenes or abets the contravention of provisions of Rule 3, or

(b)does, or attempts to do, any act in contravention of any condition prescribed under sub-rule (2) of Rule 4, or

(c)[8]enters, or attempts to enter, India on a forged passport or visa,

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

Empowering specified officers to arrest without warrant persons contravening Rules or Orders made under Section 3 of the Act
G.S.R. 1210, dated the 4th September 1962.

In pursuance of Sub-section (1) of Section 4 of the Indian Passport Act, 1920 (34 of 1920) and in supersession of the Order of the Ministry of Home Affairs No. 6/57/62-F-1, dated the 12th June, 1962 the Central Government hereby empowers the officers of the Central Excise and Land Customs Departments of and above the rank of a Sub-Inspector, in the Union Territory of Tripura, who have been appointed to be officers of Customs by the Central Government to arrest without warrant any person who has contravened, or against whom a reasonable suspicion exists that he has contravened, any rules or order made under Section 3 of the said Act.

[1] Subs. by G.S.R. 4 (E), dated 5th January, 1973.

[2] Subs. by Gazette of India. Pt. 11, Sec. 3 (i), dated 28th November, 1964. Notification No. G.S.R. 1661 dated 21st November, 1964.

[3] Added by Gazette of India. Pt. 11, sec. 3 (i), dated 2nd March, 1963. Notification No. G.S.R. 333, dated 23rd February. 1963.

[4] Sub. for "one" by G.S.R. No. 20 (E) dated 17th Jan., 1990.

[5] Sub. by S.O. 871(E) dated 28th November, 1986.

[6] Inserted by G.S.R. 132 (E) dated 26.2.1992 w.e.f. 26.2.1992.

[7] Subs. by G.S.R. No. 12011/2/80-F-III. Dated 6.11.1980.

[8] Subs. by Gazette of India, Pt. II, Sec. 3 (i), dated 20^th October, 1962.

Notification No. G.S.R. 1367, dated 12^th October, 1962.