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THE REGISTRATION OF FOREIGNERS ACT, 1939
ACT
NO. 16 OR 1939*
[8th
April, 1939.]
An
Act to provide for the registration of foreigners in British India.
WHEREAS
it is expedient to provide for the registration of foreigners
entering, being present in, and departing from, British India;
1. Short
title and extent.
(1)
This Act may be called the
Registration of Foreigners Act, 1939.
(2)
It extends to 2[the whole of India]
2. Definitions. 2. Definitions. In this Act-
3[ (a)" foreigner " means a person who is not a citizen of India;]
4* * * *
* *
(b) "prescribed " means prescribed by rules made under this Act.
3. Power to make rules.
3.
Power to make rules. [(1)]8 The Central Government
may
after previous publication, by power to notification in the
Official Gazette,
make rules 6 with respect to make rules. foreigners for any
or all of the following
purposes, that is to say-
(a)
for requiring any foreigner entering, or being present in, 7[India]
to report his presence to a prescribed authority ---------------------------------------------------------------------
*This
Act has been extended to-
Goa, Daman and Diu with modifications by Reg.
12 of 1962, s. 3 and Sch. Pondicherry
with, modifications vide Notification No. G.S.R.
1557. dated 24-11-1962,
Gazette of India, Part 11, Sec. 3 (i), p. 1886
; brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963,
s. 2 and
Sch. I. (w.e.f. 1-7-1965) ;
Lakshadweep vide Reg. 8 of 1665, s. 3 and Sch. (w.e.f. 1-10-1967)
Sch. (w.e.f. 1-10-1967).
the State of Sikkim vide Notification No. G.S.R. 41 (E), dated 27-1-1976 (w.e.f. 1-2-1976).
1 Subs. by Act 37 of 1949, s. 2, for "the Provinces of India".
2 Subs. by s. 3, ibid., for "all the Provinces of India".
3 The words "except the State of Hyderabad", ins. by the A.O. 1950,omitted by Act 3 of 1951, s. 3 and Sch.
4 Subs. by Act 11 of 1957, s, 8, for the former clause (w.e.f. 19-1-1957).
5 Cl. (aa), ins. by the A.O. 1950, omitted by Act 3 of 1951, s. 3
and Sch.
6 For Registration of Foreigners Rules. 1939, see Gazette of India, 1939, Pt. I, P. 1059.1939, Pt. I, P. 1059.
7 Subs. by Act 37 of 1949, s. 4. for "the Provinces".
8 Renumbered by Act 4 of 1986 , s. 2, such. (w.e.f. 15-5-1986)
4
within
such time 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 1[India] to report, on arrival at such other place, his presence
to a
prescribed authority within such time and in such manner and
with such
particulars as may be prescribed; (c) for requiring any foreigner who is about to leave 1[India] to report the date of his intended departure and such other particulars as may be prescribed to such authority. and within such period before departure as may. be prescribed; (d) for requiring any foreigner entering, being present in, or departing from, 1[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 to report the name of any foreigner residing therein for whatever duration, to a prescribed authority, within such time and in such manner and with such particulars as may be prescribed; (f) for requiring any person having the management or control of any vessel or aircraft to furnish to a prescribed authority such information as may be prescribed regarding any foreigner entering, or intending to depart from, 1[India], in such vessel or aircraft, and to furnish to such authority such assistance as may be necessary or pres- cribed for giving effect to this Act; 2(4)
Every rule made under this section 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 there after 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 tinder that rule.]
(g)
for providing for such other incidental or supplementary matters as
may appear to the Central Government necessary or expedient for giving
effect to this Act.
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
----------------------------------------------------------------------
1. Subs. by Act 37 of 1949, s. 4, for "the Provinces"
2. Ins. by Act 4 of 1986, S. 2 & Sch(w.e.f. 15-5-1956)
4
A such
particular class or description, as the case may be, shall,
not withstanding
anything contained in the Indian Evidence Act, 1872 (1 of
1872 ) lie upon such person. 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. 6. Power to exempt from application of Act. The Central Government may, by order 1, declare that any or all of the provisions of the rules made under this Act shall not apply ---------------------------------------------------------------------1 for Registration of Foreigners Exemption Order, 1949, see Gazette of India 1949, Pt. I, P. 1591. 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 1* * * Parliament as soon as
may be after its
promulgation.
7.
Protection to persons 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.
8.
Application of other laws not barred. The provisions
of this
Act shall be in addition to, and not in derogation
of, the
provisions of the Foreigners Act, 2[1946] (31 of 1946.) and
any other
law for the time being in force.
9.
Application of Act to Part B States. [Application of Act
to Part
B States.] Rep. by the Part B States (Laws) Act,
1951 (3 of
1951), s. 3 and Sch.
---------------------------------------------------------------------
1 The words " both Houses of " rep. by the A.O. 1948.
2 Subs. by Act 37 of 1949, s. 5, for " 1864".
3
Added, ibid, s. 6. |
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