Section 1 Short title and extent.
(1) This Act may be called 1[The Passport (Entry into India) Act, 1920.]
(2) It shall extend to 2[the whole of India], 3***.
Section 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 prescribedauthority and satisfying the conditions prescribed relating to the class of passports to which itbelongs; and
"prescribed" means prescribed by rules made under this Act.
Section 3 Power to make rules.
(1) The Central Government may make rules1requiring that personsentering 2[India] shall be in possession of passports, and for all matters ancillary or incidental to thatpurpose.
(2) Without prejudice to the generality of the foregoing power such rules may
(a) prohibit the entry into 2[India] or any part thereof of any person who has not in his possessiona passport issued to him;
(b) prescribe the authorities by whom passports must have been issued or renewed, and theconditions 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 ofpersons from any provision of such rules.
(3) Rules made under this section may provide that any contravention thereof or of any order issuedunder the authority of any such rule shall be 3[punishable with imprisonment for a term which may extendto five years, or with fine which may extend to fifty thousand rupees, or with both].
(4) All rules made under this section shall be published in the Official Gazette, and shall thereuponhave effect as if enacted in this Act.
4[(5) Every rule made under this Act shall be laid, as soon as may be after it is made, before eachHouse of Parliament, while it is in session, for a total period of thirty days which may be comprised inone session or in two or more successive sessions, and if, before the expiry of the session immediatelyfollowing the session or the successive sessions aforesaid, both Houses agree in making any modificationin the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect onlyin such modified form or be of no effect, as the case may be; so, however, that any such modification orannulment shall be without prejudice to the validity of anything previously done under that rule.]
Section 3A Punishment for subsequent offences.
1[3A.Punishment for subsequent offences.Whoever having been convicted of an offence underany rule or order made under this Act is again convicted of an offence under this Act shall be punishablewith double the penalty provided for the later offence.]
Section 4 Power of arrest.
(1) Any officer of police, not below the rank of a sub-inspector, and any officerof the Customs Department empowered by a general or special order of the 1[Central Government] in thisthis behalf may arrest without warrant any person who has contravened or against whom a reasonablesuspicion 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 sendthe person arrested before a Magistrate having jurisdiction in the case or to the officer in charge of thenearest police-station and the provisions of 2[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.
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