The Passport Act is about to be amended with the provision that passports will not be issued in the name of persons who are under investigation for crimes related to co-operative fraud and who are facing trial in court. In the draft of the bill to amend the Passport Act, 2076 prepared by the Ministry of Foreign Affairs, a provision has been made to prohibit the accused of co-operative fraud from going abroad.

Section 12 of the Passport Act mentions the issue of non-issuance or withholding of passports. A draft of the bill has been prepared by removing some points of the same section and adding new provisions. In the current Act, it is mentioned that passports will not be issued to those who have been charged with crimes related to passport, immigration, corruption, money laundering, human trafficking, kidnapping, drug trafficking, illegal arms trade, organized crime or terrorism. Keeping it as it is, a provision has been added in the draft of the bill that the passport will not be issued even if there is an indictment for crimes related to cooperation, crimes related to life, extortion or any other crime punishable by life imprisonment . There is a provision that the investigation officer sent a written letter not to issue the passport when the charges mentioned in the

act are being investigated, or when the case is pending, the passport is not issued in writing according to the order of the court . There is a legal provision that the passport will not be issued if the person is convicted and sentenced for such a crime. A new provision has been placed in the draft of the bill to allow the issuance of passports if the court orders the issuance of passports even if the investigation officer has stopped the case.

What's in the draft passport bill?

- Passports will not be issued even if accused of murder, rape or any other crime punishable by life imprisonment.

- Passports can be issued to those on the blacklist of the bank

According to the prevailing law, the provisions of the existing law of not issuing or withholding passports to the persons on the blacklist are going to be removed. The provisions of section 12 (d) of the Act to not issue or withhold passports to those who are blacklisted in accordance with prevailing laws have been removed in the draft of the bill.

A provision has been added in the draft that diplomatic passports can be given to state government and local level representatives who are going on foreign trips for government work. According to the federal system of government, the bill had to be formulated to clarify the provision of diplomatic passports and special passports in the bill. Previously, the subject of the state and local level was not mentioned in the title of issuing diplomatic passports .

In the proposed bill, foreign travel for government work has been explained and its scope has been expanded . In the draft, foreign travel for government work is a trip to be carried out for the purpose of work determined according to the decisions of the federal and state governments and subordinate agencies, local level, federal parliament, state assembly and constitutional bodies. Similarly, visits made on official invitations of foreign, governmental, semi-governmental and internationally recognized organizations are classified as visits made in connection with government work.

The work of going for treatment at government expense has also been kept in the list of traveling abroad in connection with government work . Study, training or observation work is also included in it . Similarly, it is mentioned in the draft that there will be a 'temporary passport' in the type of passport. The temporary passport is proposed to be valid for a maximum of two years . It is said that such a passport can be issued in special circumstances where the applicant himself is not present at the concerned body to apply for a passport. In the prevailing law, it is mentioned that there are four types of passports namely diplomatic, special, service and ordinary.

Diplomatic and special passports are intended to be used for any other visit for 30 days in addition to the designated visit. There is also a proposal to add such facilities for the staff of the mission. Through the amendment, it is intended to maintain the facility that the employees working in the mission can make a personal visit for a maximum of 30 days until they return to Nepal after taking leave from the mission. Currently, the law has a provision to return such a passport after the purpose of using a diplomatic or special passport is over.