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REGISTRATION OF FOREIGNERS RULES, 1992

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R.1 Short title, commencement and extent

       (1) These rules may be called the Registration of Foreigners Rules, 1992.
       2. They shall come into force on the date of their publication in the Official Gazette.
       3. They extend to the whole of India.
       ---------------------
       1. Vide G.S.R. 318 (E), dated 19th March, 1992, published in the Gazette of India, Extra., Pt. II, Sec. 3 (i), dated 19th March, 1992;


R.2 Definitions

       In these rules, unless there is anything repugnant to the subject or context,—
       (a) “Act” means the Registration of Foreigners Act, 1939 (16 of 1939);
       (b) “Certificate of Registration” means a certificate of Registration issued in pursuance of rules;
       (c) “Master of the Vessel” includes the pilot of an Aircraft and any person authorised by such master or pilot to discharge on his behalf any of the duties imposed upon him by these rules;
       (d) “Form” means one of the Forms appended to these rules;
       (e) “Passenger” means any person travelling or seeking to travel on vessel who is not a bona fide seaman;
       (f) “Registered Address” means a foreigner’s ad

R.3 Registration Officers

       (1) The Central Government may appoint Registration Officers for the purposes of these rules for such areas as it thinks fit.
       (2) A Registration Officer may, with the approval of the Central Government, authorise in writing any authority to perform any or all of his functions under these rules.


R.4 Passengers on vessels to report arrival in India

       Every passenger who arrives in India on board any vessel shall on being required so to do by or on behalf of, the master of the vessel, furnish true particulars as to his name and nationality, his age, sex, place of birth, and address or intended address in India, the purpose of his visit and the proposed length of his stay in India.


R.5 Report by foreigners on arrival in and departure from India by land

       Every foreigner who enters or leaves India by land shall, on being required so to do by the Registration Officer of the place of arrival or departure, as the case may be, furnish to him a true statement of the particulars set out in Form D.


R.6 Report by a foreigner of his address in India, etc.

       (1) Every foreigner entering India or resident in India shall present in person or through an authorised representative to the appropriate Registration Officer specified in rule 7, a report (hereinafter referred to as a registration report) within the time specified in that rule:
       Provided that no such report shall be necessary in the case of a foreigner who enters India on a visa valid for a period of not more than one hundred and eighty days and who does not remain in India beyond the said period.
       (2) Every registration report shall be made in writing in English or in Hindi language and in quadruplicate and shall contain a true statement of the foreigner’s address in India and of the other particulars specified in Items 2 to 10 in Para IV of Form A and such of the particulars specified in Items 12 to 16 thereof, as may be appropriate.


Legal Commentary on Registration of Foreigners Rules, 1992 - Section R.6

Introduction

The Registration of Foreigners Rules, 1992, establishes a framework for the registration and monitoring of foreign nationals in India. Section R.6 specifically outlines the obligations of foreigners entering or residing in India regarding their registration with the appropriate authorities.

What does Section Says

Section R.6 mandates that every foreigner entering or residing in India must present themselves, either in person or through an authorized representative, to the appropriate Registration Officer. This includes providing necessary identification and registration details.

Essential Ingredients

  • Presentation Requirement: Foreigners must present themselves to the Registration Officer.
  • Authorized Representation: Foreigners can be represented by an authorized individual.
  • Identification Proof: Submission of a passport or other proof of identity is required.

Scope of Section

The scope of Section R.6 encompasses all foreign nationals entering or residing in India, ensuring that they comply with registration requirements. This rule is crucial for maintaining national security and monitoring the presence of foreigners in the country.

Punishment for Section

Non-compliance with the provisions of Section R.6 can lead to penalties, including imprisonment and fines. The severity of the punishment can vary based on the nature of the violation.

Legal Comments

  • Keyword: Presentation Requirement - Every foreigner must present themselves to the Registration Officer upon entry or residence in India.
  • Keyword: Authorized Representative - Foreigners may appoint an authorized representative to fulfill registration obligations.
  • Keyword: Identification Proof - Foreigners are required to provide their passport or other identification as proof during registration.
  • Keyword: Compliance - Compliance with Section R.6 is mandatory for all foreign nationals to ensure lawful presence in India.
  • Keyword: Penalty - Violations of Section R.6 can result in imprisonment or fines, emphasizing the importance of adherence to the rules.
  • Keyword: Registration Officer - The role of the Registration Officer is critical in overseeing the registration process of foreigners.
  • Keyword: National Security - The registration process serves as a measure for national security and monitoring of foreign nationals.
  • Keyword: Legal Framework - Section R.6 is part of a broader legal framework aimed at regulating the presence of foreigners in India.
  • Keyword: Reporting Obligations - Foreigners have specific reporting obligations that must be fulfilled to avoid legal repercussions.
  • Keyword: Enforcement - The enforcement of Section R.6 is crucial for maintaining the integrity of immigration laws in India.
  • Keyword: Long-term Visas - Foreigners on long-term visas are particularly subject to the provisions of Section R.6.
  • Keyword: Legal Consequences - Non-compliance with registration can lead to serious legal consequences, including deportation.
  • Keyword: Documentation - Proper documentation is essential for the registration process as outlined in Section R.6.
  • Keyword: Foreign Nationals - The rules apply universally to all foreign nationals, regardless of their country of origin.
  • Keyword: Regulatory Compliance - Adhering to Section R.6 is part of regulatory compliance for foreign nationals in India.
  • Keyword: Monitoring Mechanism - The registration serves as a monitoring mechanism for the government to track foreign nationals.
  • Keyword: Legal Obligations - Foreigners must understand their legal obligations under Section R.6 to avoid penalties.
  • Keyword: Immigration Control - Section R.6 plays a vital role in the broader context of immigration control in India.
  • Keyword: Authority of Registration Officer - The authority of the Registration Officer is established to ensure compliance with the registration process.
  • Keyword: Foreigners Act - Section R.6 is part of the regulatory framework established under the Foreigners Act, 1946.
  • Keyword: Legal Framework - The Registration of Foreigners Rules, 1992, including Section R.6, forms a critical part of India's legal framework regarding foreign nationals.

R.7 Procedure for Registration

       (1) The registration report shall be presented—
       (a) in the case of a foreigner who enters India on a visa valid for a stay in India for a period of one hundred and eighty days or less and who wishes to stay in India beyond a period of one hundred and eighty days, to the Registration Officer having jurisdiction in the place where the said foreigner is present at the time of presentation of such report;
       (b) in the case of foreigner who enters India on a visa valid for a stay in India for a period of more than one hundred eighty days to such Registration Officer as may be specified in this behalf by the Registration Officer of the port or other place of arrival with the approval of the Central Government;
       (c) in the case of foreigner, who enters India otherwise than on a visa, to the Reg

R.8 Period of validity of certificate of registration

       The certificate of registration issued in respect of any foreigner shall be valid for so long as the foreigner does not depart from India.


R.9 Production of proof of Identity

       (1) Every foreigner shall within twenty-four hours of demand being made of him by any Registration Officer, magistrate or police officer, not below the rank of a head constable, produce, at such place as may be specified in his passport or such other proof of his identity as may be required for any purpose connected with the enforcement of these rules:
       Provided that the said Registration Officer, magistrate or police officer may, on sufficient cause being shown, extend the aforesaid period of twenty-four hours to such period as, in the circumstances, may be necessary for the production of the said passport or other proof of identity.
       (2) Every Foreigner entering India shall, on demand being made of him by the Registration Officer, deliver his passport or other proof of identity to that officer and shall thereafter attend at such time and

R.10 Production of certificate of registration

       Every registered foreigner shall, within twenty-four hours of demand being made of him by any Registration Officer, any magistrate or any police officer not below the rank of a head constable, produce or cause to be produced his certificate of registration for his inspection of such registration officer, magistrate or police officer:
       Provided that the Registration Officer, magistrate or police officer may, on sufficient cause being shown, extend the aforesaid period of twenty-four hours to such period as, in the circumstances may be reasonably necessary for the production of the said certificate:
       Provided further that if the Registration Officer, magistrate or police officer, not being below the rank of an Inspector is of the opinion that the passport or other documents of identification produced by the foreigner do not furnish adequate

R.11 Report of absence from address

       (1) If at any time a foreigner proposes to be absent from his registrered address for a continuous period of eight weeks or more or he is changing his registered address or he is finally departing from India, he shall, before he leaves, inform in person or through an authorised representative or by registered post his Registration Officer of his intention to leave either temporarily or permanently the jurisdiction of the Registration Officer. In case he is returning he should inform the Registration Officer of the date of return and in the case he is moving away, the change of address. Any changes made subsequently should also be intimated to the Registration Officer:
       Provided that nothing in this sub-rule shall apply in the case of any foreigner in respect of whom, in pursuance of the proviso to sub-rule (3) of rule 6, the address of Indian citizen is deemed to be his registered a

R.12 Change in Registered address

       A foreigner shall be deemed to have changed his registered address—
       (a) if he departs from India;
       (b) if he changes his residence from one place to another place in India;
       (c) if having no residence, he leaves his registered address knowing that he is not likely thereafter to return thereto within six months of leaving it; or
       (d) in any case to which the first proviso to sub-rule (3) of rule 6 applies, if either he or the Indian citizen whose address is deemed to be his registered address applies to the Registration Officer to be absolved from or fails at any time to discharge the obligations laid down upon them by sub-rule (4) of that rule:
       Provided that clause (c) of this rule shall not appl

R.13 Reports of change other than of address

       Without prejudice to the provisions of rules 11 and 12 every foreigner shall furnish to the Registration Officer of the district in which his registered address is situated particulars of any circumstances affecting in any manner the accuracy of the particulars recorded in his certificate of registration within fourteen days after the circumstance has occurred, and generally shall supply to the Registration Officer all such information as may be necessary for maintaining the accuracy of the certificate.


R.14 Report to be made to and by hotel keepers

       (1) Every keeper of a hotel shall require every visitor to the hotel to furnish the particulars necessary for recording, and sign, on his arrival at the hotel, his name and nationality in a register maintained for the purpose in Form F and, if any such visitor is a foreigner shall further require him;
        "14. Report to be made to and by hotel keepers.—(1) Every keeper of a hotel shall require every visitor to the hotel to furnish the particulars necessary for recording, and sign, on his arrival at the hotel, his name and nationality in a register maintained for the purpose in Form F and, if any such visitor is a foreigner shall further require him;"
       (a) on his arrival at such a hotel to furnish the other particulars specified in Items 4 to 10 of the said register; and
       (b) at the time of hi

R.15 Surrender of certificates of registration on departure

       (1) Every foreigner who is about to depart finally from India shall surrender his certificate of registration either to the Registration Officer of the place where he is registered or of the place from where he intends to depart or to the Immigration Officer at the Port/Checkpost of exit from India.
       If the certificate is surrendered other than to the Immigration Officer of the port or checkpost of exit, a receipt indicating such surrender of the document may be obtained and shown to the Immigration Officer.
       (2) Every passenger other than a passenger for whom a berth has been engaged by or on behalf of Government, who is about to depart from India on board any vessel shall, on the request of a person having the engagement of such vessel, furnish or cause to be furnished in writing a true statement of the particulars set out in Form D.

R.16 Obligation of masters of vessels, etc

       (1) The master or the person having management of any vessel arriving at or leaving any place in India shall—
       (a) require any person who intends to disembark from or embark on any such vessel for the purpose of entering or leaving India, to furnish in writing a true statement of the particulars set out in Form D, as the case may be;
       (b) cause Form D to be delivered to the Registration Officer at the place of arrival or departure;
       (c) take steps to ensure that no foreigner disembarks or embarks until authorised so to do by the Registration Officer;
       (d) if so requested by the Registration Officer require any foreign passenger about to depart from India to surrender his certificate of registration and deliver such certificate to Registratio

R.17 Duplicate certificate of registration

       If any certificate of registration, issued under these rules is lost or destroyed, the foreigner to whom it was issued, shall make or send to the Registration Officer of the district of his registered address a report of circumstances in which it was so lost or destroyed together with an application in writing for the issue of a duplicate copy of the certificate of registration.


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