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A :
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You may like to refer the MEA's circular dated March 24, 2009. A copy of which is given below :
No. VI/401/4/2009
Ministry of External Affairs,
CPV Division
New Delhi, Dated March 24, 2009
CIRCULAR
Subject: Imposition of penalty u/s 12 (1A) of Passport Act 1967 for not surrendering Indian passport/travelling on Indian passport after acquisition of foreign citizenship.
Indian passport holders are required to surrender their passports to the nearest Indian Mission/post immediately after acquisition of foreign nationality (Para. 14.1’ chapter XVII of Passport manual 2001 refers). Indian Citizenship Act does not allow dual citizenship (there is sometimes misconception that OCI card is dual citizenship). However , it has bee observed that many individuals continue to retain their Indian passports and some travel on them; there are yet others who get fresh passports issued by suppression of information even several years after they acquired foreign citizenship. Such persons surrender their passports only when they need to take OCI cards, etc)
2. Since misuse of Indian passports as described above constitute offences under Section 12 (1A) of the Passport Act 1967 which states:
“whoever, not being a citizen of India-
(a) makes an application for a passport or obtains a passport by suppressing information about his nationality, or
(b) holds a forged passport or any travel document,
shall be punishable with imprisonment for a term which shall not be less than once year but which may extend to five years and with fine which shall not be less that ten thousand rupees but which may extend for fifty thousand rupees,it has been decided to impose penalty on a graded scale for such violations as per details given below:-
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Passport not surrendered up to three years and not used for travel after obtaining foreign passport
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No Penalty
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Passport not surrendered up to three years and traveled once after obtaining foreign passport
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No penalty for retention of passport but penalty of Rs 10,000/- for travel on Indian passport
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Passport not surrendered up to three years and travelled more than once after obtaining foreign passport
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No penalty for retention of passport but penalty of Rs 10,000/- for each travel 9on Indian passport (aggregate penalty on travel not exceed Rs 50,000/-)
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Passport not surrendered for over three years and used for travel after obtaining foreign passport
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Penalty of Rs 10,000/- for retention of passport and penalty of Rs 10,000/- for each travel on Indian passport (aggregate penalty on travel not to exceed Rs 50,000/-)
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Renewal/re-issue of Indian passport and travelling on it after acquiring foreign nationality.
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(i) Rs 25,000/- fr each renewal/re-issue and,
(ii) Rs 10,000/- for each travel on Indian passport(aggregate penalty on travel not to exceed Rs 50,000/-)
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3. All Missions/Posts are hereby advised that when they issue visas first time to applicants who, hitherto, held Indian passports, they should ensure that Indian passports were surrendered by them,. All PIAs in India and abroad may issue surrender certificates to those who approach for surrendering Indian passports after acquisition of foreign nationality, only after collection of the penalty as above, if applicable.
4. This service may be treated as miscellaneous service under the Passport Act, and miscellaneous fee, as prescribed may be charged.
5. A grace period of three months is allowed from the date of acquisition of foreign citizenship, for the purpose of travel on Indian passport. Therefore, no penalty will be leviable for travel on Indian passport within three months of acquisition of foreign passport.
(K.R. Rajan Pillai)
Deputy Secretary(PV-I)
All Passport Issuing Authorities in India and abroad..
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