- Revision of fee for Passport related services. (GSR 731 dated 28.09.2012)
- Amendment of various provisions of Passport Rules, 1980. (GSR 633 dated 23.08.2011)
- Issue of Passport during pendency of Criminal case. (GSR 570 dated 25.08.1993)
- Sanction for Prosecution under Passport Act: delegation of authorities to State / UT Governments. (GSR 662 dated 01.12.1979)
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Tuesday, May 26, 2015
Notifications
Passports Act, 1967
1. Short
title and extent.—(1) This
Act may be called the Passports Act, 1967.(2) It
extends to the whole of India and applies also to citizens of India who are
outside India.2.
Definitions.—In this Act, unless the context otherwise requires,—(a)
“departure”, with its grammatical variations and cognate expressions, means
departure from India by water, land or air;(b)
“passport” means a passport issued or deemed to have been issued under this
Act;(c)
“passport authority” means an officer or authority empowered under rules made
under this Act to issue passports or travel documents and includes the Central
Government;(d)
“prescribed” means prescribed by rules made under this Act;(e) “travel
document” means a travel document issued or deemed to have been issued under
this Act.3. Passport
or travel document for departure from India.—No person shall depart from, or
attempt to depart from India, unless he holds in this behalf a valid passport
or travel document. Explanation.—For the purposes of this section,—(a)
“passport” includes a passport which having been issued by or under the authority
of the Government of a foreign country satisfies the conditions prescribed
under the Passport (Entry into India) Act, 1920 (34 of 1920), in respect of the
class of passports to which it belongs;(b) “travel
document” includes a travel document which having been issued by or under the
authority of the Government of a foreign country satisfies the conditions
prescribed.4. Classes
of passports and travel documents.—(1) The
following classes of passports may be issued under this Act, namely:—(a) ordinary
passport;(b)
official passport;(c)
diplomatic passport.(2) The
following classes of travel documents may be issued under this Act, namely:—(a)
emergency certificate authorising a person to enter India;(b)
certificate of identity for the purpose of establishing the identity of a
person;(c) such
other certificate or document as may be prescribed.(3) The
Central Government shall, in consonance with the usage and practice followed by
it in this behalf, prescribe the classes of persons to whom the classes of
passports and travel documents referred to respectively in sub-section (1) and
sub-section (2) may be issued under this Act.5.
Applications for passports, travel documents, etc., and orders thereon.— 1 [(1) An
application for the issue of a passport under this Act for visiting such
foreign country or countries (not being a named foreign country) as may be
specified in the application may be made to the passport authority and shall be
accompanied by 2 [such fee as may be prescribed to meet the expenses incurred
on special security paper, printing, lamination and other connected
miscellaneous services in issuing passports and other travel documents].
Explanation.—In this section, “named foreign country” means such foreign
country as the Central Government may, by rules made under this Act, specify in
this behalf.(1A) An
application for the issue of—(i) a
passport under this Act for visiting a named foreign country; or(ii) a
travel document under this Act, for visiting such foreign country or countries
(including a named foreign country) as may be specified in the application or
for an endorsement on the passport or travel document referred to in this
section, may be made to the passport authority and shall be accompanied by such
fee (if any) not exceeding rupees fifty, as may be prescribed.(IB) Every
application under this section shall be in such form and contain such
particulars as may be prescribed.](2) On
receipt of an application 3 [under this section], the passport authority, after
making such inquiry, if any, as it may consider necessary, shall, subject to
the other provisions of this Act, by order in writing,—(a) issue
the passport or travel document with endorsement, or, as the case may be, make
on the passport or travel document the endorsement, in respect of the foreign
country or countries specified in the application; or(b) issue
the passport or travel document with endorsement, or, as the case may be, make
on the passport or travel document the endorsement, in respect of one or more
of the foreign countries specified in the application and refuse to make an
endorsement in respect of the other country or countries; or(c) refuse
to issue the passport or travel document or, as the case may be, refuse to make
on the passport or travel document any endorsement.(3) Where
the passport authority makes an order under clause (b) or clause (c) of
sub-section (2) on the application of any person, it shall record in writing a
brief statement of its reasons for making such order and furnish to that person
on demand a copy of the same unless in any case the passport authority is of
the opinion that it will not be in the interests of the sovereignty and
integrity of India, the security of India, friendly relations of India with any
foreign country or in the interests of the general public to furnish such copy.6. Refusal
of passports, travel documents. etc.—(1) Subject
to the other provisions of this Act, the passport authority shall refuse to
make an endorsement for visiting any country under clause (b) or clause (c) of
sub-section (2) of section 5 on any one or more of the following grounds, and
on no other ground, namely:—(a) that
the applicant may, or is likely to, engage in such country in activities
prejudicial to the sovereignty and integrity of India;(b) that
the presence of the applicant in such country may, or is likely to, be
detrimental to the security of India;(c) that
the presence of the applicant in such country may, or is likely to, prejudice
the friendly relations of India with that or any other country;(d) that in
the opinion of the Central Government the presence of the applicant in such
country is not in the public interest.(2) Subject
to the other provisions of this Act, the passport authority shall refuse to
issue a passport or travel document for visiting any foreign country under
clause (c) of sub-section (2) of section 5 on any one or more of the following
grounds, and on no other ground, namely:—(a) that
the applicant is not a citizen of India;(b) that
the applicant may, or is likely to, engage outside India in activities
prejudicial to the sovereignty and integrity of India;(c) that
the departure of the applicant from India may, or is likely to, be detrimental
to the security of India;(d) that
the presence of the applicant outside India may, or is likely to, prejudice the
friendly relations of India with any foreign country;(e) that
the applicant has, at any time during the period of five years immediately
preceding the date of his application, been convicted by a court in India for
any offence involving moral turpitude and sentenced in respect thereof to
imprisonment for not less than two years;(f) that
proceedings in respect of an offence alleged to have been committed by the
applicant are pending before a criminal court in India;(g) that a
warrant or summons for the appearance, or a warrant for the arrest, of the
applicant has been issued by a court under any law for the time being in force
or that an order prohibiting the departure from India of the applicant has been
made by any such court;(h) that
the applicant has been repatriated and has not reimbursed the expenditure
incurred in connection with such repatriation;(i) that in
the opinion of the Central Government the issue of a passport or travel
document to the applicant will not be in the public interest.7. Duration
of passports and travel documents.—A passport or travel document shall, unless
revoked earlier, continue in force for such period as may be prescribed and
different periods may be prescribed for different classes of passports or
travel documents or for different categories of passports or travel documents
under each such class: Provided that a passport or travel document may be
issued for a shorter period than the prescribed period—(a) if the
person by whom it is required so desires; or(b) if the
passport authority, for reasons to be communicated in writing to the applicant,
considers in any case that the passport or travel document should be issued for
a shorter period.4 [8.
Extension of period of passport.—Where a passport is issued for a shorter
period than the prescribed period under section 7, such shorter period shall,
unless the passport authority for reasons to be recorded in writing otherwise
determines, be extendable for a further period (which together with the shorter
period shall not exceed the prescribed period) and the provisions of this Act
shall apply to such extension as they apply to the issue thereof.]9.
Conditions and forms of passports and travel documents.—The conditions subject
to which, and the form in which, a passport or travel document shall be issued
or renewed shall be such as may be prescribed: Provided that different
conditions and different forms may be prescribed for different classes of
passports or travel documents or for different categories of passports or
travel documents under each such class: Provided further that a passport or travel
document may contain in addition to the prescribed conditions such other
conditions as the passport authority may, with the previous approval of the
Central Government, impose in any particular case.10.
Variation, impounding and revocation of passports and travel documents.—(1) The
passport authority may, having regard to the provisions of sub-section (1) of
section 6 or any notification under section 19, vary or cancel the endorsements
on a passport or travel document or may, with the previous approval of the
Central Government, vary or cancel the conditions (other than the prescribed
conditions) subject to which a passport or travel document has been issued and
may, for that purpose, require the holder of a passport or a travel document,
by notice in writing, to deliver up the passport or travel document to it
within such time as may be specified in the notice and the holder shall comply
with such notice.(2) The
passport authority may, on the application of the holder of a passport or a
travel document, and with the previous approval of the Central Government also
vary or cancel the conditions (other than the prescribed conditions) of the
passport or travel document.(3) The
passport authority may impound or cause to be impounded or revoke a passport or
travel document,—(a) if the
passport authority is satisfied that the holder of the passport or travel
document is in wrongful possession thereof;(b) If the
passport or travel document was obtained by the suppression of material
information or on the basis of wrong information provided by the holder of the
passport or travel document or any other person on his behalf: 5 [Provided that
if the holder of such passport obtains another passport, the passport authority
shall also impound or cause to be impounded or revoke such other passport.]
1[Provided that if the holder of such passport obtains another passport, the
passport authority shall also impound or cause to be impounded or revoke such
other passport.]"(c) if the
passport authority deems it necessary so to do in the interests of the
sovereignty and integrity of India, the security of India, friendly relations
of India with any foreign country, or in the interests of the general public;(d) if the
holder of the passport or travel document has, at any time after the issue of
the passport or travel document, been convicted by a court in India for any
offence involving moral turpitude and sentenced in respect thereof to
imprisonment for not less than two years;(e) if
proceedings in respect of an offence alleged to have been committed by the
holder of the passport or travel document are pending before a criminal court
in India;(f) if any
of the conditions of the passport or travel document has been contravened;(g) if the
holder of the passport or travel document has failed to comply with a notice
under sub-section (1) requiring him to deliver up the same;(h) if it
is brought to the notice of the passport authority that a warrant or summons
for the appearance, or a warrant for the arrest, of the holder of the passport
or travel document has been issued by a court under any law for the time being
in force or if an order prohibiting the departure from India of the holder of
the passport or other travel document has been made by any such court and the
passport authority is satisfied that a warrant or summons has been so issued or
an order has been so made.(4) The
passport authority may also revoke a passport or travel document on the
application of the holder thereof.(5) Where
the passport authority makes an order varying or cancelling the endorsements
on, or varying the conditions of, a passport or travel document under
sub-section (1) or an order impounding or revoking a passport or travel
document under sub-section (3), it shall record in writing a brief statement of
the reasons for making such order and furnish to the holder of the passport or
travel document on demand a copy of the same unless in any case the passport
authority is of the opinion that it will not be in the interests of the
sovereignty and integrity of India, the security of India, friendly relations
of India with any foreign country or in the interests of the general public to
furnish such a copy.(6) The
authority to whom the passport authority is subordinate may, by order in
writing, impound or cause to be impounded or revoke a passport or travel
document on any ground on which it may be impounded or revoked by the passport
authority and the foregoing provisions of this section shall, as far as may be,
apply in relation to the impounding or revocation of a passport or travel
document by such authority.(7) A court
convicting the holder of a passport or travel document of any offence under
this Act or the rules made thereunder may also revoke the passport or travel
document: Provided that if the conviction is set aside on appeal or otherwise
the revocation shall become void.(8) An
order of revocation under sub-section (7) may also be made by an appellate
court or by the High Court when exercising its powers of revision.(9) On the
revocation of a passport or travel document under this section the holder
thereof shall, without delay, surrender the passport or travel document, if the
same has not already been impounded, to the authority by whom it has been
revoked or to such other authority as may be specified in this behalf in the
order of revocation.1[10A.
Suspension of passports or travel documents in certain cases.—(1) Without
prejudice to the generality of the provisions contained in section 10, if the
Central Government or any designated officer is satisfied that the passport or
travel document is likely to be impounded or caused to be impounded or revoked
under clause (c) of sub-section (3) of section 10 and it is necessary in the
public interest so to do, it or he may,—1[10A. Suspension of passports or
travel documents in certain cases.—(1) Without prejudice to the generality of
the provisions contained in section 10, if the Central Government or any
designated officer is satisfied that the passport or travel document is likely
to be impounded or caused to be impounded or revoked under clause (c) of
sub-section (3) of section 10 and it is necessary in the public interest so to
do, it or he may,—"(a) by
order, suspend, with immediate effect, any passport or travel document;(b) pass
such other appropriate order which may have the effect of rendering any
passport or travel document invalid, for a period not exceeding four weeks:
Provided that the Central Government or the designated officer may, if it or he
considers appropriate, extend, by order and for reasons to be recorded in
writing, the said period of four weeks till the proceedings relating to
variation, impounding or revocation of passport or travel document under
section 10 are concluded: Provided further that every holder of the passport or
travel document, in respect of whom an order under clause (a) or clause (b) of
this sub-section had been passed, shall be given an opportunity of being heard
within a period of not later than eight weeks reckoned from the date of passing
of such order and thereupon the Central Government may, if necessary, by order
in writing, modify or revoke the order passed under this sub-section.(2) The designated
officer shall immediately communicate the orders passed under sub-section (1),
to the concerned authority at an airport or any other point of embarkation or
immigration, and to the passport authority.(3) Every
authority referred to in sub-section (2) shall, immediately on receipt of the
order passed under sub-section (1), give effect to such order.]7 [10B.
Validation of intimations.—Every intimation given by the Central Government or
the designated officer, before the commencement of the Passports (Amendment)
Act, 2002, to any immigration authority at an airport or any other point of
embarkation or immigration, restricting or in any manner prohibiting the
departure from India of any holder of the passport or travel document under
sub-section (3) of section 10, shall be deemed to be an order under sub-section(1) of
section 10A and such order shall continue to be in force for a period of three
months from the date of commencement of the Passports (Amendment) Act, 2002, or
the date of giving such intimation, whichever is later.1[10B. Validation of
intimations.—Every intimation given by the Central Government or the designated
officer, before the commencement of the Passports (Amendment) Act, 2002, to any
immigration authority at an airport or any other point of embarkation or
immigration, restricting or in any manner prohibiting the departure from India
of any holder of the passport or travel document under sub-section (3) of
section 10, shall be deemed to be an order under sub-section (1) of section 10A
and such order shall continue to be in force for a period of three months from
the date of commencement of the Passports (Amendment) Act, 2002, or the date of
giving such intimation, whichever is later." Explanation.—For the purposes
of sections 10A and 10B, the expression "designated officer" means
such officer or authority designated, by order in writing, as such by the
Central Government.]11.
Appeals.—(1) Any
person aggrieved by an order of the passport authority under clause (b) or
clause (c) of sub-section (2) of section 5 or clause (b) of the proviso to
section 7 or sub-section (1), or sub-section (3) of section 10 or by an order
under sub-section (6) of section 10 of the authority to whom the passport
authority is subordinate, may prefer an appeal against that order to such
authority (hereinafter referred to as the appellate authority) and within such
period as may be prescribed: Provided that no appeal shall lie against any
order made by the Central Government.(2) No
appeal shall be admitted if it is preferred after the expiry of the period
prescribed therefor: Provided that an appeal may be admitted after the expiry
of the period prescribed therefor if the appellant satisfies the appellate
authority that he had sufficient cause for not preferring the appeal within
that period.(3) The
period prescribed for an appeal shall be computed in accordance with the
provisions of the Limitation Act, 1963 (36 of 1963), with respect to the
computation of the periods of limitation thereunder.(4) Every
appeal under this section shall be made by a petition in writing and shall be
accompanied by a copy of the statement of the reasons for the order appealed
against where such copy has been furnished to the appellant and 8 [by such fee
as may be prescribed for meeting the expenses that may be incurred in calling
for relevant records and for connected services].(5) In
disposing of an appeal, the appellate authority shall follow such procedure as
may be prescribed: Provided that no appeal shall be disposed of unless the
appellant has been given a reasonable opportunity of representing his case.(6) Every
order of the appellate authority confirming, modifying or reversing the order
appealed against shall be final.12.
Offences and penalties.—(1)
Whoever—(a)
contravenes the provisions of section 3; or(b)
knowingly furnishes any false information or suppresses any material
information with a view to obtaining a passport or travel document under this
Act or without lawful authority alters or attempts to alter or causes to alter
the entries made in a passport or travel document; or(c) fails
to produce for inspection his passport or travel document (whether issued under
this Act or not) when called upon to do so by the prescribed authority; or(d)
knowingly uses a passport or travel document issued to another person; or(e)
knowingly allows another person to use a passport or travel document issued to
him; shall be punishable with imprisonment for a term which may extend to 9
[two years or with fine which may extend to five thousand rupees] or with both.10 [(1A)
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 one year but which may extend to five
years and with fine which shall not be less than ten thousand rupees but which
may extend to fifty thousand rupees.](2) Whoever
abets any offence punishable under 11 [sub-section (1) or sub-section (1A)]
shall, if the act abetted is committed in consequence of the abetment, be
punishable with the punishment provided in that sub-section for that offence.(3) Whoever
contravenes any condition of a passport or travel document or any provision of
this Act or any rule made thereunder for which no punishment is provided
elsewhere in this Act shall be punishable with imprisonment for a term which
may extend to three months or with fine which may extend to five hundred rupees
or with both.(4)
Whoever, having been convicted of an offence under this Act, is again convicted
of an offence under this Act shall be punishable with double the penalty
provided for the latter offence.13. Power
to arrest.—(1) Any
officer of customs empowered by a general or special order of the Central
Government in this behalf and any 12 [officer of police or emigration officer]
not below the rank of a sub-inspector may arrest without warrant any person
against whom a reasonable suspicion exists that he has committed any offence
punishable under section 12 and shall, as soon as may be, inform him of the
grounds for such arrest.(2) Every
officer making an arrest under this section shall, without unnecessary delay,
take or send the person arrested before a magistrate having jurisdiction in the
case or to the officer in charge of the nearest police station and the
provisions of 13 [section 57 of the Code of Criminal Procedure, 1973 (2 of
1974)], shall, so far as may be, apply in case of any such arrest.14. Power
of search and seizure.—(1) Any
officer of customs empowered by a general or special order of the Central
Government in this behalf and any 14 [officer of police or emigration officer]
not below the rank of a sub-inspector may search any place and seize any
passport or travel document from any person against whom a reasonable suspicion
exists that he has committed any offence punishable underv section 12.(2) The
provisions of the 15 [Code of Criminal Procedure, 1973 (2 of 1974)], relating
to searches and seizures shall, so far as may be, apply to searches and
seizures under this section.15.
Previous sanction of Central Government necessary.—No prosecution shall be
instituted against any person in respect of any offence under this Act without
the previous sanction of the Central Government or such officer or authority as
may be authorised by that Government by order in writing in this behalf.16.
Protection of action taken in good faith.—No suit, prosecution or other legal
proceeding shall lie against the Government or any officer or authority for
anything which is in good faith done or intended to be done under this Act.17.
Passports and travel documents to be property of Central Government.—A passport
or travel document issued under this Act shall at all times remain the property
of the Central Government.18.
Passports, etc. not to be issued to persons who cannot emigrate under Act 7 of
1922.—[Rep. by the Passports (Amendment) Act, 1993 (35 of 1993), sec. 8 (w.e.f.
1-7-1993).]19.
Passports and travel documents to be invalid for travel to certain
countries.—Upon the issue of a notification by the Central Government that a
foreign country is—(a) a
country which is committing external aggression against India; or(b) a
country assisting the country committing external aggression against India; or(c) a
country where armed hostilities are in progress; or(d) a
country to which travel must be restricted in the public interest because such
travel would seriously impair the conduct of foreign affairs of the Government
of India. a passport or travel document for travel through or visiting such
country shall cease to be valid for such travel or visit unless in any case a
special endorsement in that behalf is made in the prescribed form by the
prescribed authority.20. Issue
of passports and travel documents to persons who are not citizens of
India.—Notwithstanding anything contained in the foregoing provisions relating
to issue of a passport or travel document, the Central Government may issue, or
cause to be issued, a passport or travel document to a person who is not a
citizen of India if that Government is of the opinion that it is necessary so
to do in the public interest.21. Power
to delegate.—The Central Government may, by notification in the Official
Gazette, direct that any power or function which may be exercised or performed
by it under this Act other than the power under clause (d) of sub-section(1) of
section 6 or the power under clause (1) of sub-section (2) of that section or
the power under section 24, may, in relation to such matters and subject to
such conditions, if any, as it may specify in the notification, be exercised or
performed—(a) by such
officer or authority subordinate to the Central Government; or(b) by any
State Government or by any officer or authority subordinate to such Government;
or(c) in any
foreign country in which there is no diplomatic mission of India, by such
foreign Consular Officer; as may be specified in the notification.22. Power
to exempt.—Where the Central Government is of the opinion that it is necessary
or expedient in the public interest so to do, it may, by notification in the
Official Gazette and subject to such conditions, if any, as it may specify in
the notification,—(a) exempt
any person or class of persons from the operation of all or any of the
provisions of this Act or the rules made thereunder; and(b) as
often as may be, cancel any such notification and again subject, by a like
notification, the person or class of persons to the operation of such
provisions.23 Act to
be in addition to certain enactments. —The provisions of this Act shall be in
addition to and not in derogation of the provisions of the Passport (Entry into
India) Act, 1920 (34 of 1920), 16 [the Emigration Act, 1983 (31 of 1983)], the
Registration of Foreigners Act, 1939 (16 of 1939), the Foreigners Act, 1946 (31
of 1946), 17 [***] the Trading with the Enemy (Continuance of Emergency
Provisions) Act, 1947 (16 of 1947), the Foreigners Law (Application and
Amendment) Act, 1962 (42 of 1962), 18 [the Foreign Exchange Regulation Act,
1973 (46 of 1973)] and other enactments relating to foreigners and foreign
exchange.24. Power
to make rules.—(1) The
Central Government may, by notification in the Official Gazette, make rules for
carrying out the purposes of this Act.(2) In
particular, and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following matters, namely:—(a) the
appointment, jurisdiction, control and functions of passport authorities;(b) the
classes of persons to whom passports and travel documents referred to
respectively in sub-section (1) and sub-section (2) of section 4 may be issued;(c) the
form and particulars of application for the issue or renewal of a passport or
travel document or for endorsement on a passport or travel document and where
the application is for the renewal, the time within which it shall be made;(d) the
period for which passports and travel documents shall continue in force;(e) the
form in which and the conditions subject to which the different classes of
passports and travel documents may be issued, renewed or varied;19 [(ee)
specifying the foreign country for the purposes of the Explanation to
sub-section (1) of section 5;] 4[(ee) specifying the foreign country for the
purposes of the Explanation to sub-section (1) of section 5;]"(f) the
fees payable in respect of 20 [any application for the issue of a passport under
sub-section (1) of section 5 or issue of a passport] 21 [for visiting a foreign
country referred to in sub-section (1A) of section 5] or travel document or for
varying any endorsement or making a fresh endorsement on a passport or a travel
document and the fees payable in respect of any appeal under this Act;(g) the
appointment of appellate authorities under sub-section (1) of section 11, the
jurisdiction of, and the procedure which may be followed by, such appellate
authorities;(h) the
services (including the issue of a duplicate passport or travel document in
lieu of a passport or travel document lost, damaged or destroyed) which may be
rendered in relation to a passport or travel document and the fees therefor;(i) any
other matter which is to be or may be prescribed or in respect of which this
Act makes no provision or makes insufficient provision and provision is, in the
opinion of the Central Government, necessary for the proper implementation of
the Act.(3) Every
rule made under this Act shall be laid as soon as may be after it is made,
before each House of Parliament while it is in session for a total period of
thirty days which may be comprised in one session or 22 [in two or more
successive sessions and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid], both House agree
in making any modification in the rule or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such modified
form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.25. Change
of short title of Act 34 of 1920.—In the Indian Passport Act, 1920, in sub-section(1) of
section 1, for the words and figures “the Indian Passport Act, 1920”, the
words, brackets and figures “the Passport (entry into India) Act, 1920” shall
be substituted.26. Savings
as to certain passports and applications.—[Rep. by the Passports (Amendment)
Act, 1993 (35 of 1993), sec. 8 (w.e.f. 1-7-1993).]27. Repeal
and saving.—(1) The
Passports Ordinance, 1967 (4 of 1967) is hereby repealed.(2)
Notwithstanding such repeal, anything done or any action taken or purporting to
have been done or taken under the said Ordinance shall be deemed to have been
done or taken under this Act as if this Act had commenced on the 5th day of
May, 1967.
Consular Functions & Responsibilities
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N.B. : The service fee chargeable per document by the above mentioned agencies is Rs. 22/- for personal document, Rs. 18/- for educational document and Rs. 16/- for commercial document. The service fee is exclusive of the Rs. 50/- Postal Order required for Apostille on each document.
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