Bare Act Search Results

Foreigners Act, 1946 Section 11

Title: Power to Give Effect to Orders, Directions, Etc

State: Central

Year: 1946

(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.

Foreigners Act, 1946 Section 13

Title: Attempts, Etc., to Contravene the Provisions of This Act, Etc

State: Central

Year: 1946

(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 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 leaves1[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. __________________________ 1. Substituted by Act 38 of 1947, section 2, for "British.....

Industrial Employment Standing Orders Act, 1946 (20 of 1946) Section 13

Title: Penalties Andprocedure

State: Central

Year: 1946

.....as it may determine to any workman directly and adversely affected by the modification or contravention of the standing orders, model standing orders or amendments, as the case may be. (2C) The compensation awarded under sub-section (2B) may be recovered as if it were a fine and if it cannot be so recovered, the person by whom it is payable shall be sentenced to imprisonment of either description for a term not exceeding three months as the Court thinks fit". ________________________ 1. Substituted by Act 18 of 1982, Section 7, for "a Presidency Magistrate or Magistrate of the second class" (w.e.f. 17-5-1982). 2. Vide Madhya Pradesh Act 18 of 1967, Section 2 (w.e.f. 1-6-1968). 3. Vide Bombay Act 21 of 1958, Section 16 (w.e.f. 15-1-1959); Act 11 of 1960, Section 87 (w.e.f. 1-5-1960).

Foreigners Act, 1946 Section 7A

Title: Power to Control Places Frequented by Foreigners

State: Central

Year: 1946

.....has been given under sub-section (1) shall not, while such direction remain 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 prescribed 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.] __________________________ 1. Inserted by Act 38 of 1947, section 7(w.e.f. 15-12-47).

Foreigners Act, 1946 Complete Act

State: Central

Year: 1946

.....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,.....

Industrial Employment Standing Orders Act, 1946 (20 of 1946) Section 10A

Title: Payment of Subsistence Allowance

State: Central

Year: 1946

.....is employed is situate and the Labour Court to which the dispute is so referred shall, after giving the parties an opportunity of being heard, decide the dispute and such decision shall be final and binding on the parties. (3) Notwithstanding anything contained in the foregoing provisions of this section, where provisions relating to payment of subsistence allowance under any other law for the time being in force in any State are more beneficial than the provisions of this section, the provisions of such other law shall be applicable to the payment of subsistence allowance in that State.] ________________________ 1. Inserted by Act 18 of 1982, Section 5 (w.e.f. 17-5-1982).

Foreigners Act, 1946 Section 2

Title: Definitions

State: Central

Year: 1946

In this Act,-- 1 [(a) "foreigner" means a person who is not a citizen of India;] 2 [***] (b) "prescribed" means prescribed by orders made under this Act; (c) "specified" means specified by direction of a prescribed authority. ________________________ 1. Substituted by Act 11 of 1957, section 2, for clause (a) (w.r.e.f. 19-1-1957). 2. Clause (aa) Inserted by the A.O. 1950, omitted by Act 3 of 1951, section 3 and Schedule (w.e.f. 1-4-1951).

Foreigners Act, 1946 Section 7

Title: Obligation of Hotel Keepers and Others to Furnish Particulars

State: Central

Year: 1946

.....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.] __________________________ 1. Inserted by Act 38 of 1947, section 6 (w.e.f. 15-12-1947).

Foreigners Act, 1946 Section 9

Title: Burden of Proof

State: Central

Year: 1946

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 particular class or description, as the case may be, shall, notwithstanding anything contained in the Indian Evidence, Act, 1872 (1 of 1872), lie upon such person.

Foreigners Act, 1946 Section 12

Title: Power to Delegate Authority

State: Central

Year: 1946

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.