#THE DIPLOMATIC AND CONSULAR OFFICERS (OATHS AND FEES) ACT, 1948 
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##ARRANGEMENT OF SECTIONS 
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SECTIONS 

1. Short title. 
2. Definitions. 
3. Powers as to oaths and notarial acts abroad. 
4. Punishment for offences under this Act. 
5. Trial of offences. 
6. Power to prescribe fees. 
7. Publication and issue of tables of fees. 
8. Power to make rules. 



#THE DIPLOMATIC AND CONSULAR OFFICERS (OATHS AND FEES) ACT, 1948 

##ACT NO. 41 OF 1948
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[3rd September, 1948.] 

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:— 

1. **Short title.**—This Act may be called the Diplomatic and Consular Officers (Oaths and Fees) 
Act, 1948. 

2. **Definitions.**—In this Act,— 

  (a) “consular  officer”  includes  consul-general,  consul,  vice-consul,  consular  agent,  pro-consul 
and  any  other  person  authorised  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. 

3. **Powers as to oaths and notarial acts abroad.**—(1) Every diplomatic or consular officer may, in 
any  foreign  country  or  place  where  he  is  exercising  his  functions,  administer  any  oath  and  take  any 
affidavit and also do any notarial act which any notary public may do within a State; and every oath, 
affidavit and notarial act administered, sworn or done by or before any such person shall be as effectual 
as if duly administered, sworn or done by or before any lawful authority in a State. 

(2) Any document purporting to have affixed, impressed or subscribed thereon or thereto the seal and 
signature of any person authorised by this Act to administer an oath in testimony of any oath, affidavit or 
act, being administered, taken or done by or before him, shall be admitted in evidence without proof of 
the seal or signature being the seal or signature of that person, or of the official character of that person. 

4. **Punishment for offences under this Act.**—(1) Whoever swears falsely in any oath or affidavit 
taken or made in accordance with the provisions of this Act shall be punished with  imprisonment for a 
term which may extend to three years and shall also be liable to fine. 

(2) Whoever forges or fraudulently alters the seal or signature of any person authorised by or under 
this Act to administer an oath or tenders in evidence, or otherwise uses, any affidavit having any seal or 
signature so forged or counterfeited or fraudulently altered knowing the same to be forged, counterfeited 
or fraudulently altered, shall be punished with imprisonment for a term which may extend to three years 
and shall also be liable to fine. 

5. **Trial of offences.**—Any  offence  under  this  Act  may  be  inquired  into,  dealt  with,  tried  and 
punished in any State in  which  the  person  charged  with  the  offence  was  apprehended  or  is  in 
custody, in the same manner and to the same extent as if the offence had been committed within the State 
where he was apprehended or is in custody. 

6. **Power to prescribe fees.**—(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. 

7. **Publication and issue of tables of fees.**—(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. 

8. **Power to make rules.**—(1) The Central Government may, by  notification  in  the  Official 
Gazette, make rules to carry out the purposes of this Act. 

(2)  In  particular  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 
prescribe— 

     (a) the scale of fees leviable under this Act and the manner in which such fees shall be levied and 
collected; 

     (b) the remuneration, if any, payable to a diplomatic or consular 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. 

  (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  in  two  or  more  successive  sessions,  and  if,  before  the  expiry  of  the  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.