India: Act No. 34 of 1920, Passport (Entry into India) Act, 1920

This act has been repealed by the Immigration and Foreigners Act, 2025 (Act No. 13 of 2025) which can be found here: https://www.refworld.org/legal/legislation/natlegbod/2025/en/150324 

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[1]An Act to take power to require passports of persons entering [India][2].

Whereas it is expedient to take power to require passports of persons entering [India]³, It is hereby enacted as follows:-

1.Short title and extent

(1)This Act may be called the [Passport (Entry into India) Act, 1920]¹

(2)It shall extend to [the whole of India][3]* * * [4].

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-

(1)The Central Government may make rules requiring that persons entering India shall be in possession of passport, 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 [India][5] or any part thereof of any person who has not in his possession a passport issued to him;

(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 provisions 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.

[(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].[6]

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 "[Central Government][7] 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-

The [Central Government][8] may, by general or special order, direct the removal of any person from [India][9] who, in contravention of any rule made under section 3 prohibiting entry into [India]⁹ without passport, has entered therein, and thereupon any [officer of the][10] Government[11] shall have all reasonable powers necessary to enforce such direction,

6.[Application of Act to Part B States.] - Omitted by the Part B States (Laws) Act, 1951 (3 of 1951) S. 3 and sch. (w.e.f.1-4-1951).

[1] Subs. by Act 15 of 1967, S. 25 for "The Indian Passport Act, 1920.

For Statement of Objects and Resons [for (Act No. 34 of 1920)], see Gazette of India, 1920, Pt. V. p. 54; for Report of Select Committee, see ibid., 1920, Pt. V. p. 252; and for Proceedings in Council, see ibid., 1920, Pt. VI, pp. 397, 1003 and 1144.

[2] Subs. by the Indian Passport (Amendment) Act, 1949 (36 of 1949), S. 2, for "the Provinces of India".

[3] Subs. by S. 3, ibid., for "all the Provinces of India".

[4] The words "excluding the State of Hyderabad" substituted by the Adaptation of Laws Order, 1950, were omitted by the Part B States (Laws) Act, 1951 (3 of 1951) s. 3 and Sch. (w.e.f. 1-4-1951).

[5] Subs. by the Indian Passport (Amendment) Act, 1949 s. 2 for "the Provinces of India."

[6] Inserted by Amendment Act of 1986.

[7] Subs. by the Govt. of India (Adaptation of Indian Laws) order, 1937 for "Local Govt."

[8] Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, for "Local government".

[9] Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, for "officer of Government".

[10] Substituted by the Adaptation of Laws Order, 1950, for "Crown"

[11] Inserted by Act 36 of 1940, Sec. 5.