Section Text
1[(1)No foreigner shall enter India---
(a) otherwise than at such port or other place of entry on the borders of India as a Registration Officer having jurisdiction at that port or place may appoint in this behalf, either for foreigners generally or for any specified class or description of foreigners; or
(b) without the leave of the civil authority having jurisdiction at such port or place.]
(2) Leave to enter shall be refused if the civil authority is satisfied that,---
(a) the foreigner is not in possession of a valid passport or visa for India or has not been exempted from the possession of a passport or visa;
(b) he is a person of unsound mind or a mentally defective person;
(c) he is suffering from a loathsome or infectious disease in consequence of which, in the opinion of the medical officer of the port or the place of entry, as the case may be, the entry of the foreigner is likely to prejudice public health;
(d) he has been sentenced in a foreign country for an extradition offence within the meaning of the Indian Extradition Act, 1903 (15 of 1903);
(e) his entry is prohibited either under an order issued by a competent authority or under the specific orders of the Central Government.
(3) The civil authority may attach such conditions as it thinks fit to the grant of leave to enter and such conditions may be varied in such manner or cancelled as the Central Government deems fit.
(4) (a) Notwithstanding anything contained in sub--paragraphs (1) to (3) or in the Indian Passport Act, 1920 (34 of 1920), or in the rules made thereunder, a civil authority may, in the interests of public safety, prohibit the entry of any foreigner into India.
(b) Whenever the civil authority issues an order under clause(a), it shall report the matter forthwith to the Central Government which may cancel or modify the order in such manner as it thinks fit.
(5) Where leave to enter is refused to a foreigner, he may be detained at some place approved by the civil authority and may, if he has come by sea, be placed temporarily on shore for that purpose, and whilst he is so detaineda foreigner shall be deemed to be in legal custody and not to have entered India.
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1. Substituted by S.R.O. 1466, dated 21st June, 1956.