Act Name : THE FOREIGNERS ACT, 1946

Act Name :_    THE FOREIGNERS ACT, 1946
Act title :    ACT NO. 31 OF 1946*
Enactment date :    [23rd November, 1946.]

THE FOREIGNERS ACT, 1946 ACT NO. 31 OF 1946* [23rd November, 1946.] An Act
to confer upon the Central Government certain powers In respect of foreigners.
WHEREAS it is expedient to provide for the exercise by the Central Government of
certain powers in respect of the entry of foreigners into 1[India], their presence therein
and their departure therefrom;


1. Short title and extent. (1) This Act may be called the
Foreigners Act, 1946. (2) It extends to the whole of 1[India] 2* * *.

2.Definitions. In this Act- 3[(a) "foreigner" means a person who is not a citizen of India;]
4* * * * * * (b) " prescribed " means prescribed by orders made under this Act ; (c)
"specified" means specified by direction of a prescribed authority.

3.Power to make orders.(1) The Central Government may by order make provision, either
generally or with respect to all foreigners or with respect to any particular foreigner or
any prescribed class or description of foreigner, for prohibiting, regulating or restricting
the entry of foreigners into 1[India] or their departure therefrom or their presence or
continued presence therein. -------------------------------------------------------------------- *
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 II, Sec. 3 (i), p. 1886. and brought into force in
Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. 1. Lakshadweep, Minicoy and
Amindivi Island vide Reg. 8 of 1965, s, 3 and Sch. (w.e.f. 1-10-1967). the State of Sikim
vide Notification No. G.S.R. 41 (E), date 27-1-1976 (w.e.f. 1-2-1976). 1 Subs. by Act 38
of 1947, s. 2, for "British India". 2 The words "except the State of Hyderabad", ins. by the
A.O. 1950), omitted by Act 3 of 1951, s. 3 and Sch. 3 Subs. by Act 11 of 1957. s. 2. for
the former clause (w.e.f. 19-1- 1957). 4 Cl. (aa), ins. by the A.O. 1950, omitted by Act 3
of 1951, s. 3 and Sch. 5 For Foreigners Order, 1948, see Gazette of India, 1948, Pt. I, p.
198. 8 (2) In particular and without prejudice to the generality of the foregoing power,
orders made under this section may provide that the foreigner- (a) shall not enter 1[India]
or shall enter 1[India] only at such times and by such route and at such port or place and
subject to the observance of such conditions on arrival as may be prescribed; (b) shall not
depart from 1[India], or shall depart only at such times and by such route and from such
port or place and subject to the observance of such conditions on departure as may be
prescribed; (c) shall not remain in 1[India] or in any prescribed area therein ; 2 (cc) shall,
If he has been required by order under this section not to remain in India, meet from any
resources at his disposal the cost of his  removal from India and of his maintenance
therein pending such removal;] (d) shall remove himself to, and remain in, such area in
1[India] as may be prescribed; (e) shall comply with such conditions as may be
prescribed or specified- (i) requiring him to reside in a particular place; (ii) imposing any
restrictions on his movements; (iii) requiring him to furnish such proof of his identity and
to report such particulars to such authority in such manner and at such time and place as
may be prescribed or specified ; (iv) requiring him to allow his photograph and finger
impressions to be taken and to furnish specimens of his handwriting and signature to such authority and at such time and place as may be prescribed or specified (v) requiring him
to submit himself to such medical examination by such authority and at such time and
place as may be prescribed or specified; -----------------------------------------------------------
----------- 1 Subs. by Act 38 of 1947, s, 2, for "British India". 2 Ins. by s. 4, ibid. 8A (vi)
prohibiting him from association with persons of a prescribed or specified description ;
(vii) prohibiting him from engaging in activities of a prescribed or specified description ;
(viii) prohibiting him from using or possessing  prescribed or specified articles ; (ix)
otherwise regulating his conduct in any such particular as may be prescribed or specified
; (f) shall enter into a bond with or without sureties for the due observance of, or as an
alternative to the enforcement of, any or all prescribed or specified restrictions or
conditions 9 1[(g)] shall be arrested and detained or confined;] and may make provision
2[for any matter which is to be or may be  prescribed and] for such incidental and
supplementary matters as may, in the opinion of the Central Government, be expedient or
necessary for giving effect to this Act. 2[(3) Any authority prescribed in this behalf may
with respect to any particular foreigner make orders under clause (e) 2[or clause (f)] of
sub-section (2).] 4[3A. Power to exempt citizens of Common-wealth 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 citizen's 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 order made tinder this section shall  be placed on the table of both Houses of
Parliament as soon as may be after it is made.]

4. Persons on parole. 5[(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 or 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 determine.] (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 sub- section (2)
of section 3 requiring him to reside at a place set apart for the residence under supervision
of a number of foreigners, shall while residing therein be subject to such conditions as to
mainten- ---------------------------------------------------------------------- 1 Ins. by Act 42 of
1962, s. 3. The former brackets, letter and words" (g) shall be, arrested and detained or
confined ;" were omitted by Act 11 of 1957, s. 3 (w.e.f. 19-1-1957). 2 Ins. by Act 38 of
1947, s. 4. 3 Subs. by Act 11 of 1957, s. 3, for ", clause (f) or clause (g)" (w.e.f. 19-1-
1957). 4 Ins. by s. 4, ibid. (w.e.f. 19-1-1957). 5 Ins. by Act 42 of 1962, s. 3. The former
sub-section (1) was omitted by Act 11 of 1957, s. 5 (w.e.f. 19-1-1957). 10 ance,
discipline and the punishment of offences and breaches of dis- cipline as the Central
Government may from time to time by order  determine. 1[(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 residence, or knowingly harbour an escaped internee or person on 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.]

5.Change of name. (1) No foreigner who was  in 2[India] on the date on which this Act
came into force shall, while in 2[India] after that date, assume or use or purport to assume
or use for any purpose any name other than that by which he was ordinarily known
immediately before the said date. (2) Where, after the date on which this Act came into
force, any foreigner carries on or purports to carry on (whether alone or in association
with any other person) any trade or business  under any name or style, other than that
under which that trade or business was being carried on immediately before the said date,
he shall, for the purposes of sub-section (1), be deemed to be using a name other than that
by which he was ordinarily known immediately before the said date. (3) In relation to any
foreigner who, not having been in 2[India] on the date on which this Act came into force,
thereafter enters 2[India], sub-sections (1) and (2) shall have effect as if for any reference
in those sub-sections to the date on which this Act came into force there were substituted
a reference to the date on which he first enters 2 [India] thereafter. (4) For the purposes of
this section- (a) the expression "name" includes a surname, and -------------------------------
--------------------------------------- 1 Subs. by Act 42 of 1962, s. 3, for sub-sections (3) and
(4). 2 Subs. by Act 98 of 1947, s. 2, for "British India". 10 (b) a name shall be deemed to
be changed if the spelling thereof is altered. (5) Nothing in this section shall apply to the
assumption or use- (a) of any name in  pursuance of a 1* * * licence or permission
granted by the Central Government; or (b) by any married woman, of her husband's
name.

6. Obligations of masters of vessels, etc. (1) The master of any vessel landing or
embarking at a port in 2[India] passengers coming to or going from that port by sea and
the pilot of any aircraft landing or embarking at any place in 2[India] ------------------------
---------------------------------------------- 1 The word " Royal omitted by Act 1 1 of 1957, s.
6 (w.e.f. 19-1- 1957). 2 Subs. by Act 38 of 1947, s. 2, for "British India". 11 passengers
coming to or going from that place by air, shall furnish to such person and in such
manner as may be prescribed a return giving the prescribed particulars with respect to any
passengers or members of the crew, who are foreigners. (2) Any District Magistrate and
any Commissioner of Police or, where there is no Commissioner of Police, any
Superintendent of Police may, for any purpose  connected with the enforcement of this
Act or any order made thereunder, require the master of any such vessel or the pilot of
any such aircraft to furnish such information as may be prescribed in respect of
passengers or members of the crew on such vessel or aircraft, as the case may be. (3) Any
passenger on such vessel or such aircraft and any member of the crew of such vessel or
aircraft shall furnish to the master of the vessel or the pilot of the aircraft, as the case may
be, any information required by him for the purpose of furnishing the return referred to in
sub-section (1) or for furnishing the information required under sub-section (2). 1[(4)] If
any foreigner enters India in contravention of any provision of this Act or any order made
thereunder, the prescribed authority may, within two months from the date of such entry, direct the master of the vessel or the pilot of the aircraft on which such entry was effected
or the owner or the agent of the owner of  such vessel or aircraft, to provide, to the
satisfaction of the said authority and otherwise than at the expense of Government,
accommodation on a vessel or aircraft for the purpose of removing the said foreigner
from India. (5) The master of any vessel or  the pilot of any aircraft which is about to
carry passengers from a port or place in India to any destination outside India, or the
owner or the agent of the owner of any such vessel or aircraft shall, if so directed by the
Central Government and on tender of payment  therefor at the current rates, provide on
the vessel or aircraft accommodation to such port or place outside India, being a port or
place at which the vessel or aircraft is due to call, as the Central Government may
specify, for any foreigner ordered under section 3 not to remain in India and for his
dependents, if any, travelling with him.] 1[(6)] For the purposes of this section- (a) "
master of a vessel " and " pilot of any aircraft shall include any person authorised by such
master or pilot, as the case may be, to discharge on his behalf any of the duties imposed
on him by this section ---------------------------------------------------------------------- 1 Subsections (4) and (5) ins. and the original sub-section (4) renumbered as (6) by Act 38 of
1947, s. 5. 12 (b) passenger " means any person not being a bona-fide member of the
crew, travelling or seeking to travel on a vessel or aircraft.

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 accommodated 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. 1(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 his 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.] 2 [7A. Power to control places frequented
by foreigners. (1) The prescribed authority may, subject to such conditions as may be
prescribed, direct the owner or person having control of any premises used as a restaurant
or as a place of public resort or entertainment or as a club and frequented by foreigners-
(a) to close such premises either entirely or during specified periods, or ---------------------
------------------------------------------------- 1 Ins. by Act 38 of 1947, s. 6. 2 Ins. by S. 7,
ibid. 13 (b) to use or permit the use of such premises only under such conditions as may be specified, or (c) to refuse admission to such premises either to all foreigners or to any
specified foreigner or class of foreigner.  (2) A person to whom any direction has been
given under sub- section (1) shall not, while  such direction remains in force, use or
permit to be used any other premises for any of the aforesaid purposes, except with the
previous permission in writing of the pres- cribed authority and in accordance with any
conditions which that authority may think fit to impose. (3) Any person to whom any
direction has been given under sub- section (1) and who is aggrieved thereby may, within
thirty days from the date of such direction, appeal to the Central Government ; and the
decision of the Central Government in the matter shall be final.]

8. Determination of nationality. (1) When a foreigner is recognised as a national by the
law of more than one foreign country or  where for any reason it is uncertain what
nationality if any is to be, ascribed to a foreigner, that foreigner may be treated as the
national of the country with which he appears to the prescribed authority to be most
closely connected for the time being in interest or sympathy or if he is of uncertain
nationality, of the country with which he was  last so connected : Provided that where a
foreigner acquired a nationality by birth, he shall, except where the Central Government
so directs either generally or in a particular case, be deemed to retain that nationality
unless he proves to the satisfaction of the said authority that he has subsequently acquired
by naturalization or otherwise some other nationality and still recognized as entitled to
protection by the Government of the country whose nationality he has so acquired. (2) A
decision as to nationality given under sub-section (1) shall. be final and shall not be
called in question in any Court : Provided that the Central Government, either of its own
motion or on an application by the foreigner concerned, may revise any such decision.

9.Burden of proof. If in any case not falling under section 8 any question arises with
reference to this Act or any order made or direction given 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 14
particular class or description, as the case may be, shall, notwith- standing anything
contained in the Indian Evidence Act, 1872, lie upon such person.


10. Power to exempt from application of Act. [Power to exempt from application of
Act.] Rep. by the Foreigners Laws (Amendment) Act, 1957 (11 of 1957), s. 7 (w.e.f. 19-
1-1957).

11. Power to give effect orders, directions etc. (1) Any authority empowered by or under
or in pursuance of the provisions of this Act to give any direction or to exercise any other
power, may, in addition to any other action expressly provided for in this Act, take, or
cause to be taken such steps and use, or cause to be used, such force as may, in its
opinion, be reasonably necessary for securing  compliance with such direction or for
preventing or rectifying any breach thereof, or for the effective exercise of such power, as
the case may be. (2) Any police officer may take such steps and use such force as may, in
his opinion, be reasonably necessary for securing compliance with any order made or
direction given under or in pursuance of the provisions of this Act or for preventing or
rectifying any breach of such order or direction. (3) The power conferred by this section shall be deemed to confer upon any person acting in exercise thereof a right of access to
any land or other property whatsoever.

12. Power to delegate authority. Any authority upon which any power to make or give
any direction, consent or permission or to do any other act is conferred by this Act or by
any order made thereunder may, unless express provision is made to the contrary, in
writing authorise, conditionally or otherwise, any authority subordinate to it to exercise
such power on its behalf, and thereupon the said subordinate authority shall, subject to
such conditions as may be contained in the authorisation, be deemed to be the authority
upon which such power is conferred by or under this Act.

13. Attempts to etc., contravene the provisions of this Act, etc. (1) 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 15
other person any assistance with intent thereby to prevent, hinder 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 1[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.

14. Penalties. If any person contravenes the provisions of this Act or of any order made
thereunder, or any direction given in pursuance  of this Act or such order, he shall be
punished with imprisonment for a term which may extend to five years and shall also be
liable to fine and if such person has entered into a bond in pursuance of clause (f) of subsection (2) of section 3, his bond shall be forfeited, and any person bound thereby shall
pay the penalty thereof, or show cause to  the satisfaction of the convicting Court why
such penalty should not be paid.

15. 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.

16. 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 Registration of Foreigners Act 1939,
(16 of 1939.) the Indian Passport Act, 1920, (34 of 1920.) and of any other enactment for
the time being in force.

17. Repeals. [Repeals.] Rep. by the Repealing and Amending Act, 195 (35 of 1950), s. 2
and Sch. I. ---------------------------------------------------------------------- 1 Subs. by Act 38
of 1947, s. 2, for "British India".

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