Section Text
FOREIGNERS ACT, 1946 FOREIGNERS ACT, 1946 31 of 1946 23rd November, 1946 STATEMENT OF OBJECTS AND REASONS "At present the only permanent measures governing foreigners specifically are the Registration of Foreigners Act ,1939andthe Foreigners Act, 1864. The Act of 1939 provides for the making of rules to regulate registration of foreigners and formalities connected therewith, their movement in, or departure from, India. The Act of 1864 provides for the expulsion of foreigners and their apprehension and detention pending removal and for a ban on their entry into India after removal; the rest of the Act which provides for report on arrival, travel under a licence and certain incidental measures can be enforced only on the declaration of an emergency. The powers under this Act have been found to be ineffective and inadequate both during normal times and during an emergency. The needs of the war emergency were met by the enactment of a Foreigners Ordinance in 1939 and the promulgation under it of the Foreigners Order and the Enemy Foreigners Order. Even at that time the need for more satisfactory permanent legislation was recognised but it was decided to postpone consideration of such a measure until after the war. The Ordinance was. therefore, replaced by the Foreigners Act, 1940, the life of which was to expire on the 30th September, 1946, but has recently been extended by the Foreigners Act (Amendment) Ordinance, 1946, up to the 25th March, 1947. Meanwhile the question of permanent legislation, more or less on the lines of the Act of 1940 has been examined, in consultation with the Provincial Governments. All Provincial Governments agree that such permanent legislation in repeal of the Act of 1864, is necessary. The Bill in the main reproduces the provisions of the Foreigners Act of 1940". -Gazette of India, 1946, Part V, page 361. AMENDING ACT OF 42 OF 1962 "In view of the present emergency, it is necessary that powers should be available to deal with any person not of Indian origin who was at birth a citizen or subject of any country at war with, or committing external aggression against, India or of any other country assisting the country at war with or committing such aggression against India but who may have subsequently acquired Indian citizenship in the same manner as a foreigner. It is also necessary to take powers to arrest and detain and confine these persons and the nationals of all such countries under the Foreigners Act, 1946, should such need arise. 2. Since the Parliament was not in session and immediate action had to be taken in the interest of national security an Ordinance called the Foreigners Law (Application and Amendment) Ordinance, 1962, was promulgated on 30th October, 1962, to take the above powers. The object of the Bill is to convert this Ordinance into an Act of the Parliament," - S.O.P., Gaz. of Ind., 13-11-1962, Pt. II. Section 2, Ext., page 823. 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 [India], their presence therein and their departure there from; It is hereby enacted as follows:- This Act has been made applicable to---
(i) Darjeeling district in West Bengal, see Cal. Gaz., 22-5-1947, Pt. 1. p. 964;
(ii) Chota Nagpur division and Santal Parganas District in Biliar, see Bih. Gaz., 15-1-1947, Pt. II, page 162;
(iii) all partially excluded areas in Madras, see Mad. Gaz., 18-2-1947, Pt. I, p. 108;
(iv) all partially excluded areas in Orissa, see Ori. Gaz., 17-1-1947, Pt. Ill, p.9.;
(v) the State of Travancore and Cochin, see Trav-Co. Gaz., 14-2-1950, Pt. I, p. 123;
(vi) the State of Sikkim - See S.O, 208 (E)/75 - Gaz. of Ind., 16-5-75, Pt. II, S. 3 (i), Ext., P. 1213 (w.e.f. 1-2-76). The Act has now been extended to the Union Territory of :---
(1) Goa, Daman and Diu by Regn. 12 of 1962 (w.e.f. 19-12-1962). (Goa is now a State).
(2) Dadra and Nagar Haveli by Regn. 6 of 1963 (w.e.f. 1-7-1965).
(3) Laccadive, Minicoy and Amindivi Islands by Regn. 8 of 1965.
(4) Pondicherry by G.S.R. 1557, published in Gaz. of Ind., 1962 Pt. II, Sec. 3 (i), page 1886. This Act is not affected by the provisions of the Extradition Act, 1962 (34 of 1962)-See S. 33 thereof.
1) This Act may be called The Foreigners Act, 1946.
(2) It extends to the whole of 2[India]3[* * * * *].