Section 12
Not To Issue A Passport Or To Withhold Passport
(1) Notwithstanding anything contained elsewhere in this Act, a passport may not be issued or may be withheld in the name of the following persons:-
(a) upon receipt of the written request from the investigating authority not to issue a passport or to withhold a passport in course of the investigation of the charge of the offence related to passport, immigration, corruption, money laundering, human trafficking, abduction, narcotic drugs, illegal transaction of arms and ammunition, organized crime or terrorism,
(b) upon receipt of an order of the Court not to issue a passport or to withhold a passport in the case subjudice in the court in charge of the offence related to passport, immigration, corruption, money laundering, human trafficking, abduction, narcotic drugs, illegal transaction of arms and ammunition, organized crime or terrorism,
(c) upon serving a sentence upon conviction from the Court in charge of the offence related to passport, immigration, corruption, money laundering, human trafficking, abduction, narcotic drugs, illegal transaction of arms and ammunition, organized crime or terrorism,
(d) upon enlisted in black list upon default of payment of the loan of the bank and financial institution,
(e) upon restriction on travelling abroad or not to issue a passport or to withhold a passport issued by an order of the Government of Nepal or of the Court with reasonable grounds,
(f) when a decision has been made as not to issue a passport or withhold passport specifying the reasons thereof by the body issuing passport,
(g) when valid period of more than one year remains in the passport issued in the name of the passport holder.
(2) If the Department does not issue an ordinary passport by the reason as specified in sub-section (1), it shall provide information thereof to the concerned applicant.
(3) In case the court orders to issue a passport or not to withhold it under the condition of clause (a) of sub-section (1), a passport shall be issued in the name of such a person.
(4) The passport shall be issued in the name of the person if he or she is acquitted from the Court for the offence pursuant to clause (b) of sub-section (1) or if he or she has served the sentence in accordance with the law for the offence pursuant to clause (d).
(5) A passport may be issued in the name of the person upon receipt of non-existence of the conditions pursuant to clauses (d), (e) or (f) of sub-section (1) in his or her regard.
(a) upon receipt of the written request from the investigating authority not to issue a passport or to withhold a passport in course of the investigation of the charge of the offence related to passport, immigration, corruption, money laundering, human trafficking, abduction, narcotic drugs, illegal transaction of arms and ammunition, organized crime or terrorism,
(b) upon receipt of an order of the Court not to issue a passport or to withhold a passport in the case subjudice in the court in charge of the offence related to passport, immigration, corruption, money laundering, human trafficking, abduction, narcotic drugs, illegal transaction of arms and ammunition, organized crime or terrorism,
(c) upon serving a sentence upon conviction from the Court in charge of the offence related to passport, immigration, corruption, money laundering, human trafficking, abduction, narcotic drugs, illegal transaction of arms and ammunition, organized crime or terrorism,
(d) upon enlisted in black list upon default of payment of the loan of the bank and financial institution,
(e) upon restriction on travelling abroad or not to issue a passport or to withhold a passport issued by an order of the Government of Nepal or of the Court with reasonable grounds,
(f) when a decision has been made as not to issue a passport or withhold passport specifying the reasons thereof by the body issuing passport,
(g) when valid period of more than one year remains in the passport issued in the name of the passport holder.
(2) If the Department does not issue an ordinary passport by the reason as specified in sub-section (1), it shall provide information thereof to the concerned applicant.
(3) In case the court orders to issue a passport or not to withhold it under the condition of clause (a) of sub-section (1), a passport shall be issued in the name of such a person.
(4) The passport shall be issued in the name of the person if he or she is acquitted from the Court for the offence pursuant to clause (b) of sub-section (1) or if he or she has served the sentence in accordance with the law for the offence pursuant to clause (d).
(5) A passport may be issued in the name of the person upon receipt of non-existence of the conditions pursuant to clauses (d), (e) or (f) of sub-section (1) in his or her regard.