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Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 Preamble 1

Title: Diplomatic and Consular Officers (Oaths and Fees) Act, 1948

State: Central

Year: 1948

THE DIPLOMATIC AND CONSULAR OFFICERS (OATHS AND FEES) ACT, 1948 [Act, No. 41 of 1948] [AS ON 1956] [3rd September, 1948.] PREAMBLE An Act to provide for the administration of oaths by diplomatic and consular officers and to prescribe the fees leviable in respect of certain of their official duties. WHEREAS it is expedient to provide for the administration of oaths by diplomatic and consular officers and for the levy of fees in respect of certain official duties performed by them; It is hereby enacted as follows:-

Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 Complete Act

Title: Diplomatic and Consular Officers (Oaths and Fees) Act, 1948

State: Central

Year: 1948

Preamble1 - DIPLOMATIC AND CONSULAR OFFICERS (OATHS AND FEES) ACT, 1948 Section1 - Short title Section2 - Definitions Section3 - Powers as to oaths and notarial acts abroad Section4 - Punishment for offences under this Act Section5 - Trial of offences Section6 - Power to prescribe fees Section7 - Publication and issue of tables of fees Section8 - Power to make rules

Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 Complete Act

State: Central

Year: 1948

.....shall be without prejudice to the validity of anything previously done under that rule.] Footnotes: 1. For authorising persons holding specified offices to perform duties of Consular Officer, see Gazette of India. 1952. Pt. I, S.2.p. 1 16. This notification as amended up to 1-1-1962 can be found in General Statutory Rules and Orders. Vol. IV, p. 473. See also S. 0s. 2412 and 3042. Gaz. of Ind.. 1960, Pt. II. S. 3(ii), pp. 2922 and 3541: S.Os. 414. 504, 1987 and 1988. Gaz. of Ind., 1961. Pt. U.S. 3(ii). pp. 488. 573 and 2030. S.0s. 3103, Gaz. of Ind., 1967, Pt. II. S. 3(ii), p. 3215. 2. Cl. (d), omitted by the Diplomatic and Consular Officers (Oaths and Fees) (Extension to Jammu and Kashmir) Act (2 of 1973). S. 2(h) (13-3-73). 3. Substituted for "Part A States" and "any Part A State", respectively by 3 A.L.O.. 1956. 4. Substituted for "any Part A or Part C State" by .1 A.L.O., 1956. 5. Substituted for "Province" by A.l.0., 1950 7. Inserted by Act 2 of 1973. S. 3 (13-3-73). Central Bare Acts

Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 Section 2

Title: Definitions

State: Central

Year: 1948

In this Act,-- (a) "consular officer" includes consul-general, consul, vice-consul, consular agent, pro-consul and any other person authorized to perform the duties of consul-general, consul, vice-consul or consular agent; (b) "diplomatic officer" means any ambassador, envoy, minister, charge d'affaires, or secretary of embassy or legation; and (c) "prescribed" means prescribed by rules made under this Act.

Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 Section 6

Title: Power to Prescribe Fees

State: Central

Year: 1948

(1) The Central Government may, from time to time, prescribe the fees to be levied in respect of any matter or thing done by a diplomatic or consular officer in the execution of his office. (2) All such fees shall be levied, accounted for and applied and may be remitted in such manner as may be prescribed. (3) A diplomatic or consular officer shall not, save as may be provided by any rules made in this behalf, ask for or take any fee or reward for or on account of any act or thing, or service done, performed or rendered by him in the execution of his office.

Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 Section 7

Title: Publication and Issue of Tables of Fees

State: Central

Year: 1948

(1) Tables of the fees which may, for the time being, be levied under the rules shall be published in such manner and copies thereof shall be issued gratuitously to such persons as may be prescribed. (2) Every consular officer, and every diplomatic officer in any: foreign country or place where there is no consular officer, shall keep exhibited in a conspicuous place in his office a copy of the table of fees to be levied under this Act and shall permit the same to be inspected by any person interested therein.

Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 Section 8

Title: Power to Make Rules

State: Central

Year: 1948

.....officer in the execution of any of the duties vested in him by this Act; (c) the registers to be kept and the returns to be made in pursuance of this Act; and (d) the manner in which copies of tables of fees may be published and distributed. 2[(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 immediately following the session or the successive sessions aforesaid, both Houses 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.] ________________________ 1. Inserted by the Delegated Legislation Provisions (Amendment) Act 1986 (4 of 1986) w.e.f. 15-05-1986. 2. Inserted by Act 2 of 1973 w.e.f. 13-03-1973.

Merchant Shipping Act, 1958 Section 166

Title: Indian Consular Office to Decide Return Port to Which or Route by Which Seaman is to Be Sent

State: Central

Year: 1958

If any question arises as to what return port a seaman is to be sent in any case or as to the route by which he should be sent, that question shall be decided by the Indian consular officer concerned, and in deciding any question under this provision, the Indian consular officer shall have regard both to the convenience of the seaman and to the expense involved, and also, where that is the case, to the fact that an Indian ship which is in want of men to make up its complement is about to proceed to a proper return port.

Merchant Shipping Act, 1958 Section 250

Title: Forwarding of Passengers by Indian Consular Officers

State: Central

Year: 1958

(1) If any1[special trade passenger] from a ship which is on a voyage from any port or place in India finds himself without any neglect or default of his own at any port or place outside India other than the port or place for which the ship was originally bound or at which he has contracted that he should land; the Indian consular officer at or near that port or place may forward the passenger to his intended destination, unless the master, owner or agent of the ship within forty-eight hours of the arrival of the passenger gives to that officer a written undertaking to forward the passenger within six weeks thereafter to his original destination and forwards him accordingly within that period. (2) A passenger so forwarded by or by the authority of an Indian consular officer shall not be entitled to the return of his passage money or to any compensation for loss of passage. _______________________ 1. Substituted for the words "an unberthed passenger ship" by the Merchant Shipping (Amendment) Act, 1976 (69 of 1976), Section 2.

Administrators-general Act, 1963 Section 56

Title: Provision for Administration by Consular Officer in Case of Death in Certain Circumstances of Foreign Subject

State: Central

Year: 1963

Notwithstanding anything in this Act, or in any other law for the time being in force, the Central Government may, by general or special order, direct that, where a subject of a foreign State dies in India, and it appears that there is no one in India, other than the Administrator-General, entitled to apply to a court of competent jurisdiction for letters of administration of the estate of the deceased, letters of administration shall, on the application to such court by any Consular Officer of such foreign State, be granted to such Consular Officer on such terms and conditions as the Court may, subject to any rules made in this behalf by the Central Government, thinks fit to impose.