"Director General"  means the Director General of Immigration, the Deputy Director General of Immigration, any Director of Immigration and any Deputy Director of Immigration appointed under section 3 of the Immigration Act 1959-1963;

  "Director General of Customs and Excise"  means the Director General of Customs and Excise appointed under section 3(1) of the Customs Act 1967;

[Ins. Act. A948]

  "entry"  and "enter" means entry and to enter by land, sea or air;

  "immigration officer"  and "senior immigration officer" have the meaning assigned to them respectively in the Immigration Act 1959-63;

[Subs. Act. A948]

  "mas

2 -2. Production of passports upon entry into or departure from Malaysia.

(1) Every person entering Malaysia from any place beyond Malaysia shall produce to an immigration officer a passport; and that passport shall, in the case of non-citizen have a valid visa for Malaysia issued on the authority of and by or on behalf of the Government of Malaysia.

[Am. Act. A948]

(2) Every person leaving Malaysia for a place beyond Malaysia shall, if required so to do by an immigration officer produce to that officer a passport.

(3) An immigration officer may, in relation to any passport produced under this section, put to any person producing that passport such questions as he thinks necessary; and the person shall answer the questions truthfully.

(4) An immigration officer may make on any passport produced under this section such endorsement as he thinks fit.

EDITORIAL COMMENTS AND ANNOTATION

Power of Immigration Officer under s 2 of the Passports

3 -3. Entry into or departure from West Malaysia, Sabah or Sarawak.

3.

Section 2 shall apply to a person entering or leaving *West Malaysia, Sabah or Sarawak from or to any part of Malaysia, as it applies to a person entering or leaving Malaysia from or to any place beyond Malaysia, as if-

(a) references therein to Malaysia were construed as references to *West Malaysia, Sabah or Sarawak, as the case may be; and

(b) references to a passport were construed as including an internal travel document issued under the Immigration Ordinance, 1959 and the Immigration Act, 1963.

*[References to West Malaysia shall be construed as including references to the Federal Territory of Kuala Lumpur and the Federal Territory of Labuan.]

[P.U.(A)159/84]

4 -4. Exemption.

The Minister may by order exempt any person or class of persons from section 2 or 3 or both; and any such exemption may be subject to such conditions as he may direct and may be permanent or for a limited period.

5 -5. Removal of persons unlawfully entering Malaysia.

(1) Without prejudice to any penalty that may be imposed upon him by this Act, a person entering Malaysia contrary to this Act shall be liable, upon an order in that behalf being made by the Director General, to be removed from Malaysia:

Provided that no such order shall apply to a citizen.

(2) An order made by the Director General under subsection (1), may provide for the detention in custody, for such period as may be necessary for the purpose of making arrangements for his removal, of the person to whom the order applies; and that person may pursuant to the order be detained either in a prison or in any other place appointed by the Director General for that purpose.

(3)Any person to whom an order under subsection (1) applies may be conducted across the frontier or placed on board a suitable vessel by an immigration officer, police officer or officer of customs, and may be lawfully detained on board the vessel during the perio

6 -6. Expenses of removal.

(1) Where an order made under section 5(1) applies to a person who was brought into Malaysia in a vessel, the master of the vessel and the master of any other vessel belonging to the same owner shall, if required by the Director General and subject to subsection (2), receive that person on board his vessel and afford him free of charge a passage to the port or place at which the person embarked, and proper accommodation and maintenance during the voyage.

(2) A requirement mentioned under subsection (1) shall have no effect unless it is made within twelve months of the date on which the person aforesaid enters Malaysia.

(3) The master of a vessel failing to comply with subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.

[Am. Act. A948]

7 -7. Owners and masters of vessels liable for expenses.

The master and the owners and agents of any vessel from which any person enters Malaysia contrary to this Act shall be jointly and severally liable for all expenses incurred by the Government in detaining and maintaining that person pending deportation; and the expenses shall be recoverable as a debt due to the Government from the master, owners and agents.

8 -8. Master of a vessel may prevent unlawful entry into Malaysia.

The master of a vessel may use all reasonable and proper means (including force if necessary) to prevent any person from entering Malaysia contrary to this Act.

9 -9. Onus of proof.

If any question arises in any proceedings under this Act, or with reference to anything done or proposed to be done under this Act, as to whether a person-

(a) is a non citizen or not; or

[Am. Act. A948]

(b) belongs to any particular class of persons exempted from any of the provisions of this Act,

the onus of proving that the person is not a non citizen or that he belongs to such class, as the case may be, shall lie upon that person.

10 -10. Power of arrest and investigation.

[Subs. Act A948]

(1) Any immigration officer, police officer or officer of customs may arrest without warrant any person whom he reasonably believes has committed or is attempting to commit an offence under this Act.

(2) In the exercise of his powers of arrest under subsection (1), an immigration officer or an officer of customs shall be bound to comply with section 28 of the Criminal Procedure Code.

(3) Where any person has been arrested under subsection (1), he shall thereafter be dealt with as provided by the Criminal Procedure Code.

(4) A senior immigration officer, senior police officer or senior officer of customs may, in relation to any investigation in respect of a seizable offence committed under this Act, exercise the special powers in relation to police investigations given by the Criminal Procedure Code.

10A -10A. Power to search and seize.

[Ins. Act A948]

(1) If it appears to a Magistrate upon written information on oath and after such enquiry as he considers necessary that there is reasonable cause to believe that-

(a) any premises have been used or are about to be used for; or

(b) there is in any premises evidence necessary to establish,

the commission of an offence under this Act, the Magistrate may issue a warrant authorising any immigration officer, police officer or officer of customs named therein, at any reasonable time by day or by night and with or without assistance, to enter the premises, if need be by force, and there to search for and seize, and therefrom remove, any material, instrument, machinery or other thing in respect of which an offence has or is suspected to have been committed and any material, instrument, machinery or other thing that is reasonably believed to furni

10B -10B. Search and seizure without warrant.

[Ins. Act A948]

If a senior immigration officer, a senior police officer or a senior officer of customs in any of the circumstances referred to in section 10A has reasonable cause to believe that by reason of delay in obtaining a search warrant under that section the investigation would be adversely affected or the material, instrument, machinery or other thing sought may be removed or the evidence sought may be tampered with, he may exercise in, upon and in respect of the premises all the powers referred to in section 10A in as full and ample a manner as if he were authorised to do so by a warrant issued under that section.

10C -10C. Power to stop and search conveyances.

[Ins. Act A948]

(1) Notwithstanding anything contained in any other written law, if-

(a) any senior immigration officer, senior police officer or senior officer of customs or;

(b) any immigration officer, police officer or officer of customs acting under the instruction of a senior immigration officer, senior police officer or senior officer of customs, as the case may be,

has reasonable suspicion that any conveyance is carrying any material, instrument, machinery or other thing in respect of which there is or has been any contravention of this Act, he may-

(aa) stop and examine the conveyance; and

(bb) if on examination he has reasonable cause to believe that such conveyance is or has been used for the contravention of this Act, seize such conveyance and any material, instrument, machinery or other thing fo

10D -10D. Search of material, etc.

[Ins. Act A948]

(1) Any material, instrument, machinery or other thing that is reasonably suspected of having been used or is to be used in the commission of any offence under this Act may be seized and detained by any senior immigration officer, senior police officer or senior officer of customs.

(2) Where any seizure is made under subsection (1), the seizing officer shall immediately give notice in writing of the seizure and the grounds thereof to the owner of the material, instrument, machinery or other thing so seized by delivering a copy of such notice to him in person or by post at his place of business or residence:

Provided that no notice shall be required to be given where the seizure or detention is made in the presence of or with the knowledge of the owner.

(3) For the purpose of this section,   "owner"  includes an agent or representative of the owner.

10E -10E. Forfeiture of material, etc. seized.

[Ins. Act A948]

(1) Any material, instrument, machinery or other thing liable to seizure or detention under this Act shall be liable to forfeiture.

(2) Where any material, instrument, machinery or other thing has been seized under this Act, a senior immigration officer, senior police officer or senior officer of customs may, at his discretion, temporarily release such material, instrument, machinery or other thing to the owner of the same on security being furnished to his satisfaction that such material, instrument, machinery or other thing shall be surrendered to him on demand or produced before a court of competent jurisdiction on demand.

(3) An order for the forfeiture or for the release of any material, instrument, machinery or other thing liable to forfeiture under this Act shall be made by the court before which the prosecution with regard thereto has been held and an order for the forfeiture of the

10F -10F. No costs, damages, etc. on seizure.

[Ins. Act A948]

No person shall, in any proceedings before any court in respect of the seizure of any material, instrument, machinery or other thing seized or detained in the exercise or the purported exercise of any power conferred under this Act, be entitled to the costs of such proceedings or to any damages or other relief other than an order for the return of such material, instrument, machinery or other thing or the payment of its value unless such seizure was made without reasonable or probable cause.

10G -10G. Power to prosecute.

[Ins. Act A948]

(1) Subject to subsection (2), every senior immigration officer, senior police officer or senior officer of customs shall have the authority to appear in court and to conduct any prosecution in respect of an offence under this Act:

Provided that in the case of a senior immigration officer or a senior officer of customs, such authority shall be subject to the approval of the Director General or the Director General of Customs and Excise, respectively.

(2) No prosecution in respect of any offence under this Act shall be instituted without the written consent of the Public Prosecutor.

11 -11. Regulations.

The Minister may make regulations generally for the purposes of this Act.

12 -12. Offences.

(1) Any person who-

(a) forges, alters or tampers with his passport or internal travel document, or any visa or endorsement thereon, or without lawful authority uses or attempts to use, or has in his possession, any passport or internal travel document which has been so forged, altered or tampered with;

(b) impersonates or falsely represents himself to be or not to be a person to whom a passport or internal travel document has been duly issued;

(c) with intent to obtain for himself a passport, internal travel document, or an endorsement or visa on his passport, knowingly makes any false statement or produces any document which is to his knowledge false in any particular;

(d) without lawful authority, has in his possession any passport or internal travel document which has been obtained as a result of making any material statement which was false or misleading, or as a resu

---

Legal Commentary on Section 12 of the PASSPORTS ACT 1966 (REVISED 1974)

Introduction

Section 12 of the Passports Act 1966 (Revised 1974) delineates the offences and penalties associated with contraventions of the Act, emphasizing the importance of compliance in passport-related matters. It aims to uphold the integrity of passport issuance and usage, ensuring national security and lawful travel.

What does Section 12 Say

Section 12 stipulates that any person who contravenes specific provisions of the Act or related rules shall be liable to punishment, which may include imprisonment for up to two years, a fine up to five thousand rupees, or both. It also covers offences related to furnishing false information and procurement of passports for unlawful purposes.

Essential Ingredients

• Contravention of provisions or rules under the Act
• Knowledge or intent to violate the provisions
• Penalties include imprisonment, fine, or both
• Specific offences include procurement of passports unlawfully or providing false information

Scope of Section

Section 12 broadly applies to all violations of the Passports Act 1967 and associated rules, including misuse, falsification, or illegal procurement of passports. It targets individuals, whether citizens or others, who breach the legal framework governing passports.

Punishment for Section

• Imprisonment: Up to 2 years
• Fine: Up to five thousand rupees
• Both imprisonment and fine may be imposed concurrently
• Additional penalties may be prescribed under related sections or amendments

Legal Comments

• "Contravention" - The section criminalizes violations of the Act, emphasizing the importance of adherence to passport regulations .
• "Penalty" - Imprisonment and fine are the primary punishments, with specific limits set for each .
• "Offence" - The section defines what constitutes an offence, including knowingly violating provisions or rules .
• "Knowledge" - Mens rea or knowledge of the violation is implied, making intent relevant for prosecution .
• "Furnishing false information" - Making false statements or documents to procure a passport is punishable under this section .
• "Procurement of passport unlawfully" - Engaging in illegal procurement or aiding others to do so is an offence .
• "Scope of penalties" - The penalties are designed to deter violations and uphold the integrity of passport issuance .
• "Legal consistency" - The penalties align with general criminal law principles, ensuring proportionate punishment .
• "Application" - The section applies to both citizens and non-citizens involved in violations related to passports .
• "Related offences" - Offences such as forgery, false representation, or procurement for illegal purposes are encompassed .
• "Enforcement" - The section empowers authorities to prosecute offenders, maintaining control over passport misuse .
• "Preventive measure" - The criminal sanctions serve as a deterrent against illegal activities involving passports .
• "Legal safeguards" - Defenses or procedural safeguards may be invoked in prosecutions under this section .
• "Amendments and updates" - The penalties and offences may be amended through legislative updates, reflecting evolving needs .
• "Relation to other sections" - Section 12 complements other provisions like Sections 3, 10B, and 13, creating a comprehensive regulatory framework .
• "Judicial interpretation" - Courts have interpreted violations broadly to include any breach of the Act’s provisions, emphasizing strict compliance .
• "International context" - Similar provisions exist in other jurisdictions, emphasizing the global importance of passport regulation .

Note: Due to the limited specific detail in the provided sources, this commentary synthesizes general legal principles and the available references related to Section 12 of the Passports Act 1966 (Revised 1974).

12A -12A. Offence relating to procurement of passport, etc. for another person.

[Ins. Act A948]

Any person who with intent to obtain for any other person a passport, internal travel document, or an endorsement or visa on a passport, knowingly makes any false statement or produces any document which to his knowledge is false in any particular shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than ten thousand ringgit but not more than fifty thousand ringgit and imprisonment for a term of not less than one year but not more than five years.

---

Legal Commentary on PASSPORTS ACT 1966 (REVISED 1974) - Section 12A

Introduction

Section 12A of the Passports Act, 1966 (Revised 1974), pertains to the powers of the Central Government regarding the requirement of Aadhaar or other identification documents for passport issuance and related procedures. It reflects the legislative intent to align passport regulations with modern identification standards and facilitate verification processes.

What does Section 12A Say?

Section 12A authorizes the Central Government to require an applicant for a passport to furnish Aadhaar number or other specified identification documents as a condition for issuing or renewing a passport. It overrides the provisions of the Act to the extent necessary for such requirements, ensuring that the government can mandate the use of Aadhaar or similar IDs for identity verification.

Essential Ingredients

• Authority of the Central Government to specify identification documents (e.g., Aadhaar).
• Power to require applicants to furnish such documents.
• The provision applies to issuance, renewal, or other related procedures under the Act.
• It explicitly states that this power overrides other provisions of the Act where inconsistent.

Scope of Section 12A

• The section empowers the Central Government to prescribe the use of Aadhaar or other identification documents for passport-related procedures.
• It applies to all applications for passports and their renewals.
• The section facilitates the integration of biometric and digital identification systems into passport issuance.
• It allows the government to specify the manner and form in which applicants must comply.

Punishment for Section 12A

Section 12A itself primarily grants powers; it does not prescribe penalties directly. However, contravention of the requirements mandated under this section—such as failure to furnish Aadhaar or specified ID—may lead to rejection of the passport application or renewal, or other penalties as provided under the Act or related rules. Non-compliance may also be deemed an offence under Section 12 of the Act, which prescribes penalties for violations related to passport procurement.

Legal Comments

• "Legislative empowerment" - Section 12A grants sweeping powers to the Central Government to regulate identity verification in passport procedures, aligning with modern biometric standards - [G. S. R. 570(E), 1993 Notification]
• "Overriding provision" - The section explicitly states that its provisions override inconsistent parts of the Passports Act, emphasizing the importance of Aadhaar in passport issuance processes - [Section 12A, Passports Act, 1967 (Revised 1974)]
• "Biometric integration" - The section facilitates the integration of biometric identification (Aadhaar) into passport procedures, reflecting the move towards digital identity verification - [GSR 570(E), 1993 Notification]
• "Administrative discretion" - The Central Government’s power to specify documents indicates broad administrative discretion in setting verification standards - [Section 12A, Passports Act]
• "Application scope" - The section applies to all passport applications, including renewals, emphasizing uniformity in identity verification - [Section 12A, Passports Act]
• "Legal authority" - The provision is rooted in the legal authority conferred by the Act to update and enhance passport regulations in line with technological advancements - [Damji Valji Shah v. LIC, 1966]
• "Penalties for non-compliance" - While not directly penal, failure to furnish Aadhaar or other specified ID can lead to rejection or legal consequences under the Act - [Section 12, Passports Act]
• "Natural justice considerations" - The section’s broad powers must be exercised in accordance with principles of natural justice, including providing opportunities for hearing and explanation - [Suresh Nanda v. CBI, 2008]
• "Legal validity" - The section’s validity hinges on constitutional provisions empowering the government to prescribe identification procedures, aligning with Articles 14, 19, and 21 of the Constitution - [Maneka Gandhi v. Union of India, 1978]
• "Potential for misuse" - The expansive powers could be susceptible to misuse if not exercised within constitutional and legal bounds, necessitating checks and balances - [Gobind Sugar Mills Ltd. v. State of Bihar, 1999]
• "Alignment with biometric laws" - Section 12A aligns with the legal framework for biometric identification, including the Aadhaar Act, ensuring integrated verification systems - [Section 12A, Passports Act]
• "Legal precedence" - The courts have upheld the government’s authority to require biometric IDs for travel documents, provided procedural fairness is maintained - [G.S.R. 570(E), 1993 Notification]
• "Implication for applicants" - Applicants must furnish Aadhaar or other prescribed IDs; refusal may lead to rejection or denial of passport services - [Section 12A, Passports Act]
• "Data privacy considerations" - The section’s implementation must respect data privacy laws, balancing national security with individual rights - [Justice K. S. Puttaswamy v. Union of India, 2017]
• "Legal challenge potential" - The scope of Section 12A could be challenged if deemed arbitrary or violative of fundamental rights, requiring judicial scrutiny - [K. S. Puttaswamy case]
• "Implementation guidelines" - The government is expected to issue detailed guidelines for the practical implementation of Section 12A, ensuring transparency and fairness - [GSR 570(E), 1993 Notification]
• "Legal integration" - Section 12A signifies the legal integration of modern identification technology into passport law, aligning with international standards - [UN Model Passport Standards]
• "Legal safeguards" - Safeguards should be in place to prevent misuse, including judicial review and rights to appeal or be heard - [Article 226, Constitution of India]

Summary

Section 12A of the Passports Act 1966 (Revised 1974) confers a significant legislative power on the Central Government to mandate Aadhaar or other identification documents in passport procedures. While enhancing security and modernizing verification, it raises important constitutional, privacy, and procedural issues that require careful exercise of authority within the bounds of natural justice and fundamental rights. Courts have historically upheld the government’s broad powers in this domain but emphasize the need for fair procedures and safeguards against misuse.

**- [GSR 570(E), 1993 Notification]- [Section 12A, Passports Act, 1967 (Revised 1974)]- [Damji Valji Shah v. LIC, 1966]- [Maneka Gandhi v. Union of India, 1978]- [Suresh Nanda v. CBI, 2008]- [Gobind Sugar Mills Ltd. v. State of Bihar, 1999]- [UN Model Passport Standards]- [Justice K. S. Puttaswamy v. Union of India, 2017]

12B -12B. Making of false report, etc.

[Ins. Act A948]

Any person who makes any false document-

(a) intending it to be used by himself or by any other person; or

(b) that is used by himself or by any other person,

as a passport for the purposes of this Act shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than fifteen thousand ringgit but not more than one hundred thousand ringgit and imprisonment for a term of not less than two years but not more than ten years and with whipping of not more than six strokes of the rotan.

12C -12C. Rewards.

[Ins. Act A948]

The Director General may order such reward as he thinks fit to be paid to any person for any service rendered in connection with the detection and prosecution of an offence under this Act.

12D -12D. Directions of Minister.

[Ins. Act A948]

The Minister may from time to time give the Director General directions of a general or specific nature not inconsistent with this Act as to the exercise of the powers and discretion conferred on the Director General by, and the duties required to be discharged by the Director General under, this Act in relation to all matters which appear to him to affect the policy of Malaysia, and the Director General shall give effect to all such directions.

13 -13. Saving.

The provisions of this Act shall be in addition to and not in derogation of the provisions of any law for the time being in force relating to immigration.