• Foreigners Act, 1946: Bare Act

  • An Act to confer upon the Central Government certain powers in respect of foreigner.
    Whereas it is expedient to provide for the exercise by the Central Government of certain powers in respect of the entry of foreigners into India, their presence therein and their departure there from;
    It is hereby enacted as follows:

    2. Definitions. -In this Act,

    (a) “Foreigner” means a person who is not a citizen of India;
    (b) “Prescribed” means prescribed by orders made under this Act;
    (c)  “Specified” means specified by direction of a prescribed authority.

    3-A. Power to exempt citizens of Commonwealth countries and other persons from application of Act in certain cases. -(1) The Central Government may, by order, declare that all or any of the provisions of this Act or of any order made thereunder shall not apply, or shall apply only in such circumstances or with such exceptions or modifications or subject to such conditions as may be specified in the order, to or in relation to-
    (a) The citizens of any such Commonwealth country as may be so specified; or
    (b) Any other individual foreigner or class or description of foreigner.
    (2) A copy of every orders made under this section shall be placed on the table of both Houses of Parliament as soon as may be after it is made.

    Internees. -(1) Any foreigner (hereinafter referred, to as-an internee) in respect of whom there is in force any order made under Clause (g) of sub-section (2) of Section 3, directing that he be detained are confined, shall be detained or confined in such place and manner and subject to such conditions as to maintenance, discipline and the punishment of offences and breaches of discipline as the Central Government may from time to time by order determined
    (2) Any foreigner (hereinafter referred to as a person on parole) in respect of whom there is in force an order under Clause (e) of subsection (2) of Section 3 requiring him to reside at a place set apart for the residence under supervision of number of foreigners, shall while residing therein be subject to such condition as to maintenance, discipline and the punishment of offences and breaches of discipline as the Central Government may from time to time by order determine.
    (3) No person shall-

    (a) Knowingly assist an internee or a person on parole to escape from custody or the place set apart for his accidence, or knowingly harbour an escaped internee or person or parole, or

    (b) Give an escaped internee or person on parole any assistance with intent thereby to prevent, hinder or interfere with the apprehension of the internee or the person on parole,
    (4) The Central Government may, by order, provide for regulating access to, and the conduct of persons in, places in India where internees or persons on parole are detained or restricted, as the case may be, and for prohibiting or regulating the despatch or conveyance from outside such places to or for internees or persons on parole therein of such articles as may be prescribed.

    7. Obligation of hotel keepers and others to furnish particulars.—(1) It shall be the duty of the keeper of any premises whether furnished or unfurnished where lodging or sleeping accommodation is provided for reward, to submit to such person and in such manner such information in respect of foreigners accommodation in such premises, as may be prescribed.
    Explanation.-The information referred to in this sub-section may relate to all or any of the foreigners accommodated at such premises and may be required to be submitted periodically or at any specific time or occasion.

    (2) Every person accommodated in any such premises shall furnish to the keeper thereof a statement containing such particulars as may be required by the keeper for the purpose of furnishing the information referred to in sub-section (1).

    (3) The keeper of every such premises shall maintain a record of the information furnished by him under sub-section (1) and of the information obtained by him under sub-section (2) and such record shall be maintained in such manner and preserved for such period as may be prescribed, and shall at all times be open to inspection by any police officer or by a person authorised in this behalf by the District Magistrate.
    (4) If in any area prescribed in this behalf the prescribed authority by notice published in such manner as may in the opinion of the authority be best adapted for informing the persons concerned so directs, it shall be the duty of every person occupying or having under this control any residential premises to submit to such person and in such manner such information in respect of foreigners accommodated in such premises as may be specified; and the provisions of sub-section (2) shall apply to every person accommodated in any such premises.

    13. Attempts, etc., to contravene the provisions of this Act, etc. -(l) Any person who attempts to contravene, or abets or attempts to abet, or does any act preparatory to, a contravention of, the provisions of this Act or of any order made or direction given thereunder, or fails to comply with any direction given in pursuance of any such order, shall be deemed to have contravened the provisions of this Act.

    (2) Any person who, knowing or having reasonable cause to believe that any other person has contravened the provisions of this Act or of any order made or direction given thereunder, gives that other person any assistance with intent thereby to prevent, under or otherwise interfere with his arrest, trial or punishment for the said contravention shall be deemed to have abetted that contravention.
    (3) The master of any vessel or the pilot of any aircraft, as the case may be, by means of which any foreigner enters or leaves India in contravention of any order made under, or direction, given in pursuance of, Section 3 shall, unless he proves that he exercised all due diligence to prevent the said contravention, be deemed to have contravened this Act.

    13. Attempts, etc., to contravene the provisions of this Act, etc. -(l) Any person who attempts to contravene, or abets or attempts to abet, or does any act preparatory to, a contravention of, the provisions of this Act or of any order made or direction given thereunder, or fails to comply with any direction given in pursuance of any such order, shall be deemed to have contravened the provisions of this Act.

    (2) Any person who, knowing or having reasonable cause to believe that any other person has contravened the provisions of this Act or of any order made or direction given thereunder, gives that other person any assistance with intent thereby to prevent, under or otherwise interfere with his arrest, trial or punishment for the said contravention shall be deemed to have abetted that contravention.
    (3) The master of any vessel or the pilot of any aircraft, as the case may be, by means of which any foreigner enters or leaves India in contravention of any order made under, or direction, given in pursuance of, Section 3 shall, unless he proves that he exercised all due diligence to prevent the said contravention, be deemed to have contravened this Act.

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