Friday, 28 March 2014

The Passport Rules, 1974

THE PASSPORT RULES. 1974
Section
1. Short title.
2. Definitions.
3. Condition for departure from or entry Into Pakistan.
4. Mode of submission of applications for passports.
5. Mode of collection of passport.
6. Passport authority may require personal appearance of applicant.
7. Assistance to applications passports.
8. Application for licence.
9. Licence and renewal fee.
10. Issue of licence.
11. Power to refuse or cancel licence.
12. Validity of licence.
13. Appeal.
14. Registered of licences.
15. Penalty.
16. Appeal.
THE PASSPORT RULES. 1974
1. Short title. These rules may be called the Passport Rules, 1974.
2. Definitions. In these rules, unless there is anything repugnant in the subject or
context-
(a) 'Director' means the Director of Immigration and Passports appointed by the
Federal Government and includes the officer for the directors.
[(b) 'Passport agent' means a person to whom a licence is issued under rule 10, and]
(c) 'Passport office' means the office of an office authorised by the Federal
Government to issue passport.
3. Condition for departure from or entry Into Pakistan. No person shall depart
from or enter Pakistan otherwise than through a check-post specified in Schedule.
4. Mode of submission of applications for passports. (1) An application for the
issue of a passport may be submitted to a passport office (a) by the applicant
personally, (b) by forwarding it by registered post, [to the nearest Pakistan mission]
if the applicant is a person residing abroad, [(c) through the wife, husband or
guardian, or a parent, son, daughter, brother, sister, grandfather, grandmother,
grandson or grand-daughter of the applicant, father-in-law, mother-in-law or
husband's brother in respect of a female applicant whose husband in abroad, the
Private Secretary or Personal Assistant to an officer in a Government Office or a
Corporation Body in respect of such officer, the Private Secretary or Personal
Assistant to an officer who is abroad in respect of a member of the family of such
.officer, the Private Secretary or Personal Assistant to a Member of Parliament or a
Provincial Assembly or the Federal Council in respect of such Member or a member of
his family, the Mayor or a Deputy Mayor of a Municipal Corporation in respect of such
Mayor or Deputy Mayor or a member of his family and authorised representatives of
Directors or Partners of companies or firms are members of a Chamber of Commerce
and Industry and retired civil and military officers in respect of such Directors,
Partners or retired officers, authorised by the applicant in the form set out in
Schedule II;], [(d) through a passport agent authorised aforesaid [except in a case
where the applicant is a person residing abroad, or] (e) through a Protector of
Emigrants, appointed under section 5 of the Emigration. Ordinance, 1979 (XVIII of
1979), if the applicant is an emigrant' as defined in clause (g) of subsection (1) of
section 2 of the said Ordinance].
[(2) If such application is submitted by a passport agent, the passport agent shall
submit, alongwith the application, a eel tificate the effect that; (a) the applicant in
his bona fide client, and (b) the particulars given by the applicant in the application
are correct to the best of his knowledge].
5. Mode of collection of passport. When a passport is ready for issue, may: (a) if
so requested by the person to whom it relates in the form set out Schedule III, be
sent to his address by registered post, or [(b) if so authorised by such in the said
form, be collected from the passport office by a person referred to in clause], (c)
clause, [(d) or clause], (e) of sub-rule (1),of rule 4.
6. Passport authority may require personal appearance of applicant.
Notwithstanding anything contained in rule 5 or 6, an officer authorised to issue a
passport may require the personal appearance of an applicant for a passport at his
office for the purpose of submitted his application or collecting the passport issued to
him.
7. Assistance to applications passports. No person, other than a person referred
to in clause (c), clause (d), [or] clause (e) of sub-rule (1) rule 4, shall submit an
application for passport on behalf of another person or otherwise engage himself in
any business relating thereto.
8. Application for licence.-(l) Any person who, fulfills the condition set out in subrule
(2) and intends to functions as a passport agent may make an application to the
director for the issue of licence. (2) An applicant for the issue of a licence under subrule
(4) shall be a person who (a) possesses financial resources sufficient to enable
him to perform his functions as passport agent efficiently, (b) pays every years not
less than Rs. 2,500 as income-tax (e) has, or undertakes to establish within the time
allowed by the director an office located beyond a distance of half a mile from the
passport office, and (d) has, or undertakes to employ within the time allowed by the
director in such office passport agent. (3) An application for the issue of a licence
under sub-rule (1) shall be accompanied by (a) documentary of the applicant
possession financial resources as required by clause (a) of sub-rule (2) sub-rule (2),
(b) an income-tax certificate showing amount of income-tax paid by the applicant for
the immediately preceding year, (c), particulars of the office at which the applicant
to conduct his business and of staff employed therein, and, (d) the free payable for
the licence either in cash or the form of a bank draft payable to the director.
9. Licence and renewal fee.-(1) The fee for the issue of a licence shall be Rs.
1,000. (2) If the request for the issue or renewal of a licence is refused, the amount
of fee paid shall be refunded to the applicant.
10. Issue of licence.-Upon the receipt of an application under rule 8, the director
may issue to the applicant a licence in the form set out in Schedule, IV, if he is
satisfied that the applicant is qualified under sub-rule (2) of that rule to hold a
licence that has paid the fee in respect of the licence.
11. Power to refuse or cancel licence.-The directors may (e) refuse to issue a
licence to any person if, for reasons to be recorded, he is satisfied that it will not be
in the public interest to issue a licence to such person, and (b) cancel or refuse to
renew any licence if after given the licence an opportunity, of being heard, he is
satisfied that the licence has committed any breach of these rules of the conditions
to which the licence is subject.
12. Validity of licence.-A licence shall be valid for the period of one year from the
date of its issue, and renewed each year upon application for renewal made to the
director less than two months proceeding the date of its expiry.
13. Appeal.--(1) Any person aggrieved by an order or the decision of the Director
under rule 11 may, within three months of the day on which the order of decision is
communicated to him, prefer an appeal to the Federal Government. (1) The decision
of the Federal Government in appeal shall be final.
[(2) If it comes to the notice of the Federal Government that certain facts material to
the decision in appeal were not before it at the time when the appeal was decided,
the Federal Government may, at any time of its own motion, or on the application of
the person to whom the decision relates made within one month of the day on which
the decision is communicated to him, review its order in appeal and pass such order
as it may deem fit:
Provided that no order which varies the decision in appeal to the disadvantage of the
person to whom the decision relates shall be made under this sub-rule unless the
Federal Government has afforded to such person an opportunity of showing cause
against the order.]
14. Registered of licences.-A register of licence shall be kept and maintained in
the custody of the Director or a person authorised by him in this behalf, in the form
set out in Schedule V.
15. Penalty. Whoever contravenes or fails to comply with, any of the provisions of
these rules [or the conditions of a licence] shall without prejudice to any other action
that other may be taken against him under these rules, be punishable with
imprisonment for a term which may extend to six months or with fine, or with both.
16. Appeal. The Passport Rules, 1955 are hereby repealed (for Schedule IV see
Gaz. Pak. Extra, Pt. II, dt. 22-7-74).

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