The Foreigners Act, 1946

Act No. 31

23-Nov-1946

Section 1 — Short title and extent

1. Short title and extent.

(1)This Act may be called the Foreigners Act, 1946.

(2)It extends to the whole of 1[India ] 3***.

Section 2 — Definitions

2. Definitions. - In this Act- 4[(a) “foreigner ” means a person who is not a citizen of India;] 5* * * * *

(b)“prescribed ” means prescribed by orders made under this Act;

(c)“specified ” means specified by direction of a prescribed authority.

Section 3 — Power to make orders

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.

(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;

Section 1 — This Act has been extended to

1. 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. I, Lakshadweep, Minicoy and Amindivi Island vide Reg. 8 of 1965, s. 3 and 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).

Section 5 — Clause (aa) ins. by the A.O. 1950, om itted by Act 3 of 1951, s. 3 and the Sch.

5. Clause (aa) ins. by the A.O. 1950, om itted by Act 3 of 1951, s. 3 and the Sch. 3 r• (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 areas 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;