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Immigration
Laws Relevant For Business Transferees
The
Indian Government has enacted, from time to time, various
Acts and framed Rules thereunder, in order to govern
and regulate the entry of foreigners into India, their
duration of stay in India, and their departure from
India. These enactments are broadly listed as under
:
A.
- The
Foreigners Act, 1946 ;
- The
Foreigners Order, 1948 ;
B.
- The
Passport (Entry into India) Act, 1920 ;
- The
Passport (Entry into India) Rules, 1950 ;
C
- The
Registration of Foreigners Act, 1939 ;
- The
Registration of Foreigners Rules, 1992 ;
A.
- THE
FOREIGNERS ACT, 1946
This
Act was enacted to confer upon the Central government
(Government of India) certain powers in respect of
entry of foreigners into India, their presence therein
and their departure therefrom.
The
term foreigner is defined in Section 2, clause
(a) to mean a person who is not a citizen of India.
The
regulations regarding recognition of citizenship are
contained in the Citizenship Act, 1955 and the Indian
Constitution.
Section
3 of this Act empowers the Central Government by order,
to make provisions, 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
their entry into India or their departure therefrom
or their presence or continued presence therein.
In
particular, orders made under this section may provide
that the foreigner :
shall
not enter India, or shall enter into or depart from
India only at such times and by such route or according
to such conditions as may be prescribed ;
shall
not remain in India or in any prescribed are therein
or shall remain in India as may be prescribed ;
shall
comply with such conditions as may be prescribed relating
to requirement of his residence in a particular place,
imposition or restrictions on his movements, furnishing
proof of identity etc.
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