FOREIGNERS ORDER, 1948

S.1 Short title, commencement and extent

       (1) This Order may be called the Foreigners Order, 1948.
       (2) It shall come into force at once.
       (3) It extends to the whole of India.

S.2 Definitions

       In this Order---
       (1) "Registration Officer" means a Registration Officer as defined in the Registration of Foreigners Rules, 19391, or such other officer as may be authorised by him to perform the functions of a Registration Officer under this Order;
       (2) "Civil Authority" means such authority as may be appointed by the Central Government in this behalf for such area as it thinks fit;
       (3) "Port" includes an airport.
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       1. Now the Registration of Foreigners Rules, 1992.

S.3 Power to grant or refuse permission to enter India

       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;
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S.4 Landing of Seamen

       (1) No seaman or member of the crew of an aircraft, being a foreigner, shall land in India without a special permit from the Superintendent of Police or any other Police Officer not below the rank of a Sub--Inspector or Sargent.
       (2) No such permit shall be granted unless the owners or agents of the vessel or aircraft have undertaken either generally in respect of all members of the crew of vessels or aircraft belonging to or managed by them or in an individual case the responsibility for the maintenance of such seaman or member of the crew during his residence in India and for the expenses of his departure from India.
       (3) For the purpose of this paragraph "seaman" has the meaning assigned to it in the Registration of Foreigners Rules, 19391 .
       (4) The provisions of this paragraph are in additio

S.5 Power to grant permission to depart from India

       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;

S.5(A) Power to examine persons

       1[5A. Power to examine persons.--
       The civil authority may examine any person who seeks leave to enter India or to depart therefrom or during his stay in India for the purposes of the Foreigners Act, 1946, or of any order made thereunder; and it shall be the duty of every such person to furnish to the civil authority such information in such manner and at such times, as that authority may require.]
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       1. Inserted by S.R.O. 2675, dated 14th August, 1954.

S.6 Liability of Master of Vessel, etc., to remove a foreigner

(1) A civil authority may require the master of the vessel or pilot of the aircraft in which a foreigner has arrived or the owners or agents of that vessel or aircraft, as may be appropriate in the opinion of such civil authority, to remove a foreigner who has been refused permission to enter or who has entered India without its permission1[or who has been landed in contravention of sub--rule (3)] and the master, pilot, owner or agent, as the case may be, shall comply with such requisition, unless it is received more than two months after the date of the arrival of the foreigner in India.
(2) The master of a vessel or the pilot of an aircraft, scheduled to call at any port outside India, shall, if so required by the Central Government, receive a foreigner in respect of whom an order directing that he shall not remain in India has been made, and his dependents, if any, on board the

S.7 Restriction of sojourn in India

       1[7. Restriction of sojourn in India.--
       2[(1) Every foreigner who enters India on the authority of a visa issued in pursuance of the Indian Passport Act, 1920 (XXXIV of 1920), shall obtain from the Registration Officer having jurisdiction, "either at the place at which the said foreigner enters India or at the place at which he presents a registration report in accordance with Rule 6 of the Registration of Foreigners Rules, 1939, a permit indicating the period during which he is authorised to remain in India and also indicating the place or places for stay in India, if any, specified in the visa. In granting such permit, the said Registration Officer may restrict the stay of the foreigner to any of the places specified in the visa.]
       3[(2) Every foreigner to whom the provisions of sub-paragraph (1) do not apply shall obtain a permit indic

S.8 Prohibited places

       (1) No foreigner shall, without the permission of the civil authority having jurisdiction at such place, visit, or reside in, any prohibited place as defined in the Indian Official Secrets Act, 1923 (19 of 1923).
       (2) Where any foreigner is, on the commencement of this Order, residing in any prohibited place and is not permitted to continue to reside there, he shall, within such time as may be specified by the civil authority, remove himself from such place.
       (3) The civil authority may impose on any householder or other person in such prohibited place the obligation to report to the police or to any naval, military or air-force authority the presence of any foreigner in his household or in any premises occupied by him or under his control and the departure of any such foreigner and such other particulars with respect to such foreigner as

S.9 Protected Areas

       (1) The Central Government or, with its prior sanction, a civil authority may by order declare any area to be a protected area for the purposes of this Order.
       (2) On such declaration, the civil authority may, as to any protected area, by order---
       (a) prohibit any foreigner or any class of foreigner from entering or remaining in the area;
       (b) impose on any foreigner or class of foreigners entering or being in the area such conditions or restrictions as it may think fit as to---
       (i) reporting to the police or any navel, military, or air force authority;
       (ii) surveying or making sketches or photographs;
       (iii) the use or possession of any machine, apparatus, or oth

S.10 Restrictions on employment

       (1) No foreigner shall, without the permission in writing of the civil authority, either enter any premises relating to or accept employment in, or in connection with,---
       (i) any undertaking for the supply to Government or to the public of light, petroleum, power or water; or
       (ii) any other undertaking which may be specified by the Central Government in this behalf.
       (IA) No foreigner employed without the permission in writing of the civil authority before the commencement of the Foreigners (Amendment) Order, 1964, in any undertaking referred to in clause (i) of sub-paragraph (1) shall remain employed in such undertaking, without the permission in writing of the civil authority, after the expiry of a period of three months from the commencement of the Foreigners (Second Amendment) Order, 1964.<

S.11 Power to impose restrictions on movements, etc.

       The civil authority may, by order in writing, direct that any foreigner shall comply with such conditions as may be specified in the order in respect of---
       (1) his place of residence;
       (2) his movements;
       (3) his association with any person or class of persons specified in the order; and
       (4) his possession of such articles as may be specified in the order.

S.11(A) Restrictions on certain activities

       1[11A. Restrictions on certain activities.--
       Notwithstanding any thing contained in the Foreigners (Exemption) Order, 1957, no foreigner shall produce, or attempt to produce, or cause to be produced, any picture or film, including a documentary or feature films for television or the screen, intended for public exhibition, except with the permission in writing of, and subject to such conditions as may be specified in this behalf, by the Central Government.]
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       1. Inserted by G.S.R. 754, dated 14th May, 1971.

S.11(b) Restrictions on mountaineering expeditions

       1[11B. Restrictions on mountaineering expeditions.--
       Notwithstanding anything contained in the Foreigners (Exemption) Order, 1957, no foreigner or group of foreigners shall climb, or attempt to climb, any mountain peak in India without obtaining the prior permission in writing, of the Central Government on an application made in that behalf through the Indian Mountaineering Foundation, a registered society having its registered office in the Union Territory of Delhi and without complying with such condition including specification of route to be followed, accompaniment by Liaison Officer, use of photographic and wireless communication equipment, as may be laid down in this behalf by the Central Government.]
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       1. Inserted by G.S.R. 109, dated 9th January, 1979.

S.12 Powers to remove foreigners from Cantonments

The military officer for the time being in command of the forces in a cantonment may, by order in writing, direct any foreigner to remove himself from the cantonment within such time as may be specified in the order.

S.13 Power to close clubs and restaurants

       (1) A civil authority may direct that any premises in its jurisdiction which in its opinion are used for the sale of refreshments to be consumed on the premises or as a place of public resort or entertainment, or as a club, and which are or have recently been frequented by foreigners, shall be either closed altogether or kept closed during such hours or for such purposes as may be required by it, if in its opinion either---
       (a) the foreigner so frequenting the premises are of criminal or disloyal associations or otherwise undesirable; or
       (b) the premises are conducted in a disorderly or improper manner, or in a manner prejudicial to the public good, and if any premises are kept open in contravention of any such direction the occupier or person having control of the premises shall be deemed to have acted in contravention of this Order.

S.14 Expenses of deportation

Where an order is made in the case of any foreigner directing that he shall not remain in India or where a foreigner is refused permission to enter India or has entered India without permission, the Central Government may, if it thinks fit, apply any money or property of the foreigner in payment of the whole or any part of the expenses of or incidental to the voyage from India and the maintenance until departure of the foreigner and his dependants, if any.

S.15 [Omitted]

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       1. Rule 15 Omitted by S.R.O. 513, dated 9th April 1951.

Sch.1 REGULATING ENTRY OF TIBETAN NATIONALS INTO INDIA

       REGULATING ENTRY OF TIBETAN NATIONALS INTO INDIA
       In exercise of the powers conferred by sections of the Foreigners Act, 1946(31 of 1946) and section 3 of the Registration of Foreigners Act, 1939 (16 of 1939), the Central Government is pleased to direct that any foreigner of Tibetan nationality, who enters India hereafter, shall----
       (a) at the time of his entry into India obtain from the Officer in Charge of the Police post at the Indo Tibetan frontier, a permit in the form specified in the annexed schedule;
       (b) comply with such instructions as may be prescribed in the said permit; and
       (c) get himself registered as a foreigner and obtain a certificate of registration.
       SCHEDULE
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