IMPORTANT POINT
Section 7 of Foreigners Act can be made applicable only when some order is passed in that regard to prescribed under Section 2 and 3 of the Act.

JUDGMENT

Mandhata Singh, J.— This revision application has been filed against order dated 5th September, 1995 passed by the Sub-Divisional Judicial Magistrate, Patna in kotwali PS case No. 55 of 1992, by which he has dismissed the petition for discharge of the petitioner from the said case.

2. Petitioner has been made accused for the offence under Section 14 of the Foreigners Act. Petitioner’s capacity is of Assistant Manager of Hotel Sheohar Sadan situated at Fraser Road, Patna. Real fact was that two Lankan foreigners had come to petitioner’s hotel on 7.5.1991 and left on 8.5.1991. Similarly another German foreigner had come to his hotel on 14.7.1991 and left on 16.7.1991. Submission of the learned counsel for the petitioner is that petitioner was found guilty for not furnishing Form C which is requirement of Registration of Foreigners Act. Further according to the learned counsel that Section 14 of the Foreigners Act applies for violation of any of the terms or provision of Foreigners Act. Section 7 of the same imposing obligation on hotel-keepers and others to furnish particular, which runs as follows:

“7. Obligation of hotel-keepers and others to furnish particulars: (1) It shall be the duty of the keeper of any premises whether furnished or unfurnished where lodging or sleeping accommodation is provided for reward to submit to such person and in such manner such information in respect of foreigners accommodated in such premises, as may be prescribed.

Explanation—The information referred to in this sub-section may relate to all or any of the foreigners accommodated at such premises and may be required to be submitted periodically or at any specific time or occasion.

(2) Every person accommodated in any such premises shall furnish to the keeper thereof a statement containing such particulars as may be required by the keeper for the purpose of furnishing the information referred to in sub-section (1).

(3) The keeper of every such premises shall maintain a record of the information furnished by him under sub- section (1) and of the information obtained by him under sub-section (2) and such record shall be maintained in such manner and preserved for such period as may be prescribed, and shall, at all times, be open to inspection by any police officer or by a person authorised in this behalf by the District Magistrate.

(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.”

3. Emphasis has been made on behalf of the learned counsel for the petitioner that information was or is to be submitted to person in the manner in respect of the foreigners accommodated in his premises as may be prescribed.

4. Sections 2(b) and 3(1) of the Foreigners Act define prescribed and power to make orders which are as follows:

”2.Definitions—In this Act—

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

“3(1) 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 foreigners, for prohibiting, regulating or restricting the entry of foreigners into India or their departure there from or their presence or continued presence therein.”

So, that can be regulated only by order made by the Central Government and according to the learned counsel at no point of time such order was ever passed.

5. After going through the discussed provisions, I am also of the view that Section 7 can be made applicable only