R.1 Short title and commencement

       (1) These Rules may be called the Passports Rules, 1980.
       (2) They shall come into force from the date of their publication in the Official Gazette.
       
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        1. Vide G.S.R. 691 (E), dated 11th December, 1980, published in the Gazette of India, Extra., Pt. II, Sec. 3(i), dated 11th December, 1980.
       
       

R.2 Definitions

       In these Rules, unless the context otherwise requires,—
       (a) “Act” means the Passports Act, 1967 (15 of 1967);
       (b) “Form” means a Form set out in Schedule III;
       (c) “miscellaneous service”, in relation to a passport or travel document includes—
       (i) varying the entries in a passport or travel document;
       (ii) making additional endorsement on a passport or travel document in respect of foreign countries;
       1[(iii) issuing a fresh passport booklet when the pages in the booklet held are almost exhausted; or]
       (iv) any other service in respect of a passport or travel document which the holder thereof may require;

R.3 Passport authorities

       (1) In addition to the Central Government, the officers specified in column (2) of Schedule I shall, subject in the provisions of sub-rule (2), be the passport authorities for all purposes of the Act and these Rules.
       (2) An officer referred to in column (2) of Schedule 1 shall, for the purpose of issue of a passport or travel document, exercise jurisdiction in respect of applications for such issue made by persons ordinarily residing in the territories specified in the corresponding entries in column 3 of the said Schedule:
       Provided that in exceptional and urgent cases the said officer may entertain an application for the issue of a passport or travel document from a person ordinarily residing in any other territory in India and may issue a passport or travel document to such person for a period not exceeding twelve months and transfer t

Legal Commentary on PASSPORTS RULES, 1980 - Section R.3

Introduction

The Passports Rules, 1980, govern the procedural and administrative aspects of issuing and managing passports in India. Section R.3 specifically pertains to the regulation of applications and the exercise of the passport authority’s jurisdiction concerning passport issuance.

What does Section R.3 Say

Section R.3 authorizes the passport authority to regulate and exercise jurisdiction over passport applications, including the procedures for issuing, renewing, or varying passports. It provides the legal framework for the authority to impose conditions and guidelines for passport issuance, ensuring proper control and verification.

Essential Ingredients

• Authority of passport officer to regulate applications.
• Power to issue, renew, or vary passports.
• Discretion to set procedural guidelines.
• Ensuring compliance with conditions prescribed under the Rules.
• The exercise of jurisdiction in accordance with the Rules and applicable guidelines.

Scope of Section R.3

• Applies to all applications for passports and travel documents.
• Empowers passport authorities to regulate procedures.
• Includes issuing, renewing, and modifying passports.
• Covers the exercise of discretion by passport officers in line with the Rules.
• Ensures that applications are processed under prescribed guidelines to prevent misuse.

Punishment for Violations

The Rules, including R.3, do not specify explicit punishments; however, violations such as submitting false documents or misrepresenting facts can attract penalties under the Passports Act, 1967, and related laws, including criminal prosecution for offences like forgery or fraud.

Legal Comments

• Authority - Section R.3 grants the passport authority the power to regulate applications and exercise jurisdiction, emphasizing administrative control over passport issuance [Ajantha Travels VS Government of India].
• Discretion - The section provides a broad discretion to passport officers to issue or refuse passports based on compliance with rules and guidelines [Ajantha Travels VS Government of India].
• Procedural Regulation - It underpins the procedural framework, including verification and documentation, to ensure proper issuance and prevent misuse [Ajantha Travels VS Government of India].
• Non-Statutory Nature - The guidelines issued under R.3 are not statutory but administrative, and their enforceability is limited to procedural compliance [Ajantha Travels VS Government of India].
• Control over Passport Issuance - The section ensures the central authority’s control over passport issuance, aligning with national security interests [Ajantha Travels VS Government of India].
• Prevention of Misuse - The rules aim to prevent illegal activities such as fake applications, multiple passports, and misuse of travel documents [Ajantha Travels VS Government of India].
• Administrative Discretion - The section highlights the importance of administrative discretion, which cannot be interfered with by courts unless arbitrary or mala fide [Ajantha Travels VS Government of India].
• Impact of Circulars - Circulars issued under R.3 can influence the exercise of jurisdiction but do not create enforceable rights unless backed by statutory provisions [Ajantha Travels VS Government of India].
• Legitimate Expectations - The introduction of recognition systems or guidelines under R.3 can create expectations among applicants and agents, but these are subject to change in larger public interest [Ajantha Travels VS Government of India].
• Legal Limitations - The Rules and circulars must operate within the constitutional framework, respecting fundamental rights while ensuring security and integrity [Ajantha Travels VS Government of India].
• Judicial Review - Courts have limited scope to review administrative discretion under R.3, primarily ensuring that actions are not arbitrary or mala fide [Ajantha Travels VS Government of India].
• Policy Changes - The Rules accommodate policy shifts, such as discontinuation of recognition systems, which are within the executive’s domain and not subject to judicial interference unless arbitrary [Ajantha Travels VS Government of India].
• Promissory Estoppel - The doctrine may not apply if the government’s policy change is in larger public interest, even if it affects legitimate expectations [Ajantha Travels VS Government of India].
• Security and National Interest - The Rules emphasize the importance of security considerations, especially in preventing illegal activities involving passports [Ajantha Travels VS Government of India].
• Procedural Fairness - The Rules and R.3 advocate for procedural fairness, including verification and proper documentation before issuing passports [Ajantha Travels VS Government of India].
• Impact on Business - Changes under R.3 and related circulars can impact travel agents and applicants, but the overarching goal is national security and integrity of travel documents [Ajantha Travels VS Government of India].

This commentary synthesizes the available sources and legal principles related to Section R.3 of the Passports Rules, 1980, emphasizing administrative authority, procedural regulation, and the balance between individual rights and national security.

R.4 Classes of persons to whom the different classes of passports and travel documents may be issued

       The classes of persons to whom the classes of passports or travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued, shall be as specified respectively in Part I or Part II, as the case may be, of Schedule II.
       

R.5 Form of applications

       [(1)] An application for the issue of a passport or travel document or for the renewal thereof or for any miscellaneous service shall be made in the appropriate Form set out therefore in Part I of Schedule III and in accordance with the procedure and instructions set out in such form:
       2[Provided that every application for any of the aforesaid purposes shall be made only in the form printed and supplied by—
       (a) the Central Government; or
       3[(b)] Any other person whom the Central Government may by notification specify, subject to the condition that such person complies with the conditions specified by that Government in this behalf:
       Provided further that] in the course of any inquiry under sub-section (2) of section 5, a passport authority may requ

R.6 .

       1. Rule 6 omitted by G.S.R. 860 (E), dated 1st November, 1985 (w.e.f. 1-11-1985).

R.7 Named foreign country

       Each of the following countries shall be a named foreign country for the purposes of the Explanation to sub-section (1) of section 5, namely:—
       (i) Bangladesh; and
       (ii) Sri Lanka.
       

R.8 Fee payable on applications

       [(1)] The fee payable on every application mentioned in column (2) of Schedule IV shall be at the rates specified in the corresponding entry in 2[column (3) or column (4), as the case may be], of that Schedule.
       3[(2) The Central Government may specify service charge payable by the applicant to the person or authority for collection of passport applications under sub-rule (3) of rule 5.
       
       
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        1. Rule 8 renumbered as sub-rule (1) thereof by G.S.R. 529 (E), dated 8th June, 2000 (w.e.f. 8-6-2000).
        2. Subs. by G.S.R. 860(E), dated 1st November, 1985 (w.e.f. 1-11-1985).
        3. Ins.

R.9 Collection of fees

       .—(1) All fees payable in respect of applications under sub-rule (1) of rule 8 be remitted by demand draft drawn in favour of the passport authority or paid in cash at the counter of the passport authority concerned stating in the receipt the particulars in respect of which such fees have been remitted or paid.
       (2) The service charge payable under sub-rule (2) of rule 8 shall be paid to the person or the authority referred to in sub-rule (3) of rule 5.]
       
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        1. Subs. by G.S.R. 529 (E), dated 8th June, 2000 (w.e.f. 8-6-2000).
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R.10 Refund of fees

       Fees shall be refunded if applied for within one year from the date of payment thereof in the following cases:—
       (i) if after paying the fee, a person does not submit the application for issue of passport or travel document or for any service on a passport or travel document already held by him, as the case may be;
       (ii) if the fee paid is in excess of the prescribed fee; and
       (iii) if the fee paid is for a service for which no fee has been prescribed.
       

R.11 Forms of passport or travel document

       A passport or travel document issued under the Act shall be in the appropriate form set out in Part III of Schedule III:
       1[Provided that with effect from the date after commencement of the Passport (2nd Amendment) Rules 1992 the forms of diplomatic, official and India-Sri Lanka passports shall be as specified in Form P-1A, Form P-2A and Form P-7A respectively, of Part III of Schedule III.]
       
       
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        1. Ins. by G.S.R. 684 (E), dated 15th June, 1992 (w.e.f. 23-7-1992).
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R.12 Duration of passports or travel documents

       [(1) An ordinary passport for persons other than children below the age of 15 years, containing thirty-six pages or sixty pages shall be in force for a period of 10 years or 20 years as the case may be, from the date of its issue.
       (1A) An ordinary passport for a child below the age of 15 years, containing thirty-six pages shall be in force for a period of 5 years from the date of its issue or until the child attains the age of 15 years, whichever is earlier.]
       (2) An India-Bangladesh passport shall continue in force for a period of three years from the date of its issue.
       (3) An India-Sri Lanka passport shall continue in force for a period of four years from the date of its issue.
       (4) An emergency certificate shall continue in force for a period of si

R.13 Issue of additional passport or travel document in special circumstances

       person holding a passport or travel document shall not be entitled to another passport or travel document unless he surrenders to the passport authority the passport or travel document already held by him:
       Provided that separate passports or travel documents may be issued to the same person in respect of different countries if it is necessary so to do for facilitating his visits to such countries.
       
       
       
       

R.14 Appellate authorities

       For the purpose of the Act and these Rules, the appellate authority to whom an appeal shall lie from an order specified in column (1) of the Table below shall be that specified in the corresponding entry of column (2) thereof and every such appeal shall be filed within thirty days from the date on which the order sought to be appealed against is communicated to the appellant.
       
       Table
       Orders Appealed Against Appellate Authority
       (1) (2)
       1. An order of the passport authority other than the central government under.
       (i) clause (b) or clause (c) or sub-section (2) or section 5; or
       (ii) clause (b) of the proviso to sect

R.15 Fee payable in respect of appeal

       Every petition for appeal shall be accompanied by a fee of twenty-five rupees which shall be paid in cash at the treasury and a copy of the receipted challan shall be enclosed with such petition.
       

R.16 Procedure to be followed by appellate authority

       On receipt of an appeal, the appellate authority may call for the records of the case from the authority which passed the order appealed against and after giving the appellant a reasonable opportunity of representing his case, pass final order.
       

R.17 Authority and Form for special endorsement under section 19

       1) The authority for the purposes of section 19 shall be the passport authority.
       (2) Every special endorsement referred to in section 19 shall be in the following Form, namely:—
       
       Form
       This passport is hereby made valid under section 19 of the Passports Act, 1967 (15 of 1967), for travel through, or visiting,............................................. for a maximum period of........................ days/months from the date of this endorsement.
       

R.18 Inspection of passport or travel document

       The authorities for the purposes of clause (c) of sub-section (1) of section 12 shall be—
       (i) any passport authority;
       (ii) any officer of Police not below the rank of a Sub-Inspector; and
       (iii) any officer of Customs empowered by general or special order of Central Government in this behalf.
       

R.19 The conditions of a passport or travel document

       The conditions subject to which a passport or travel document shall be issued or renewed shall be as set out in Schedule V.
       

R.20 Repeal

       The Passports Rules, 1967 are hereby repealed:
       Provided that such repeal shall not affect the previous operation of the said Rules or anything duly done or suffered, or any right, privilege, obligation or liability acquired, accepted or incurred, thereunder.