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REGISTRATION OF FOREIGNERS ACT

Ministry of Law and Justice

Act nº 16 of 1939


  • Act nº 16 of 1939

Preamble

REGISTRATION FO FOREIGNERS ACT, 19391

[Act, No. 16 of 1939]

[8th April, 1939]

PREAMBLE

An Act to provide for the registration-of foreigners in2[India].

WHEREAS it is expedient to provide for the registration of foreigners entering, being present in, and departing from, [India];

It is hereby enacted as follows:-

1. Extended to Pondicherry by G.S.A. 155, dated 24th November, 1962, Gazette of India, Pt. II, section 3 (i) p. 1886.

2. Substituted by Act 37 of 1949, section 2, for "the Provisions of India".


Section 1. Short title and extent

(1) This Act may be calledthe Registration of Foreigners Act, 1939.

(2) It extends to1 [the whole of India] 2 [* * *].

1. Substituted by Act 37 of 1949, Section 3, for "all theprovinces of India" (w.e.f. 28-4-1949).

2. The words "except the State ofHyderabad" Inserted by theA.O. 1950, omitted by Act 3 of 1951, Section 3 and Schedule (w.e.f. 1-4-1951)


Section 2. Definitions

In this Act--

1 [(a) "foreigner" means a person who is not a citizen of India;]

2 [* * *]

(b) "prescribed" means prescribed by rules made under this Act.

1. Substituted by Act 11 of 1957, Section 8, for the former clause (a) (w.r.e.f. 19-1-1957).

2. Clause (aa) Inserted by the A.O. 1950, omitted by Act 3 of 1951, Section 3 and Schedule (w.e.f. 1-4-1951)


Section 3. Power to make rules

1 [(1)]The Central Government may after previous publication, by notification in theOfficial Gazette, make rules2 with respect to foreigners for any or all of the following purposes, that is tosay-

(a)for requiring any foreigner entering, or being present in, 3 [India]to report his presence to a prescribed authority within suchtime and in such manner and with such particulars as may be prescribed;

(b)for requiring any foreigner moving from one place to another place in 3 India]to report, on arrival at such other place, his presenceto a prescribed authority within such time and in such manner and with suchparticulars as may be prescribed;

(c)for requiring any foreigner who is about to leave 3 [India]to report the date of his intended departure and such other particularsas may be prescribed to such authority and within such period before departureas may be prescribed;

(d)for requiring any foreigner entering, being present in, or departing from, 3 [India]to produce, on demand by a prescribed authority,such proof of his identity as may be prescribed;

(e)for requiring any person having the management of any hotel, boarding-house,sarai or any other premises of like nature toreport the name of any foreigner residing therein or whatever duration, to aprescribed authority within such time and in such manner and with suchparticulars as may be prescribed;

(f)for requiring any person having the management or control of any vessel oraircraft to furnish to a prescribed authority suchinformation as may be prescribed regarding any foreigner entering, or intendingto depart from, 3 [India],in such vessel or aircraft, and to furnish to such authority such assistance asmay be necessary or prescribed for giving effect to this Act;

(g)for providing for such other incidental or supplementary matters as may appearto the Central Government necessary or expedientfor giving effect to this Act.

4 [(2)Every rule made under this section shall be laid, as soon as may be after it ismade, before each House of Parliament, while it is in session, for a totalperiod of thirty days which may be comprised in one session or in two or moresuccessive sessions, and if, before the expiry of the session immediatelyfollowing the session or the successive sessions aforesaid, both Houses agree inmaking any modification in the rule or both Houses agree that the rule shouldnot be made, the rule shall thereafter have effect only in such modified form orbe of no effect, as the case may be; so, however, that any such modification orannulment shall be without prejudice to the validity of anything previously doneunder that rule.]

1.Section 3 renumbered as subsection (1) thereof by Act 4 of 1986, Section 2and Schedule ( w.e.f. 15-5-1986).

2.For Registration of Foreigners Rules, 1939, see Gazette of India, 1939, Pt.I, p. 1059.

3.Substituted by Act 37 of 1949, Section 4 for "the Provinces India".

4.Inserted by Act 4 of 1986, Section 2 and Schedule ( w.e.f. 15-5-1986).


Section 4. Burden of proof

If any question arises with reference to this Act or any rule made thereunder whether-any person is or is not a foreigner or is or is not a foreigner of a particular class or description, the onus of proving that such person is not a foreigner or is not a foreigner of such particular class or description, as the case may be, shall, notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872), lie upon such person.

Section 5. Penalties

Any person who contravenes, or attempts to contravene or fails to comply with, any provision of any rule made under this act shall be punished, if a foreigner, with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both, or if not a foreigner, with fine which may extend to five hundred rupees.

Section 6. Power to exempt from application of Act

The Central Government may, by order1, declare that any or all of the provisions of the rules made under this Act shall not apply, or shall apply only with such modifications or subject to such conditions as may be specified in the said order, to or in relation to any individual foreigner or any class or description of foreigner:

Provided that a copy of every such order shall be placed on the table of 2 [* * *] 3 [Parliament] as soon as may be after its promulgation.

1. For registration of Foreigners Exemption order, 1949, see Gazette of India, 1949, pt. I, p. 1591.

2. The words "Both Houses of" rep. by the A.O. 1948.

3. Substituted by A. O 1950, for "the Central Legislature".


Section 7. Protection to persona acting under this Act

No suit, prosecution or other legal proceeding shall lie against, any person for anything which is in good faith done or intended to be done under this Act.

Section 8. Application of other laws not barred

The provisions of this Actshall be in addition to, and not in derogation of, the provisions of theForeigners Act, 1 [1946] (31 of 1946)and any other law for the time being in force.

1. Substituted by Act 37 of 1949, Section 5, for "1864".


Section 9. Application of Act to Part B States

1 [9. Application of Act to Part BStates

[Rep. by the Part BStates (Laws) Act, 1951 (3 of 1951) Section 3 and Schedule]

1. Added by Act 37 of 1949, Section 6.