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TypeBare Act JurisdictionCentral Government

Foreigners Order, 1948 Section 5

Power to Grant Permission to Depart from India

~1 min read
https://sooperkanoon.com/act/443050

Bare act section · Research

About this section

Foreigners Order, 1948 Section 5 is part of Foreigners Order, 1948 - Power to Grant Permission to Depart from India. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

1[(1) No foreigner shall leave India,---

(a) otherwise than at such port or other recognised place of departure 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 shall be refused if the civil authority is satisfied that:---

(a) the foreigner has failed to comply with the formalities of departure prescribed under the Registration of Foreigners Rules, 19392;

(b) the foreigner's presence is required in India to answer a criminal charge;

(c) the foreigner's departure will prejudice the relations of the Central Government with a foreign power;

(d) the departure of the foreigner has been prohibited under an order issued by a competent authority.

(3) (a) Notwithstanding anything contained in the above sub--paragraphs, a civil authority may prohibit the departure of a foreigner where it is satisfied that such departure would not be conducive to the public interest;

(b) Whenever a 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.

________________________

1. Substituted by S.R.O. 1466, dated 21st June, 1956.

2. Now "The Registration of Foreigners Rules, 1992".

Frequently asked questions

What does Foreigners Order, 1948 Section 5 provide?

Section Section 5 of the Foreigners Order, 1948 (Power to Grant Permission to Depart from India) is reproduced on this page as part of the Foreigners Order, 1948. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Foreigners Order, 1948 Section 5?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Foreigners Order, 1948 Section 5. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

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