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THE
FOREIGNERS ORDER, 1948
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In
exercise of the powers conferred by Section 3 of
the Foreigners Act, 1946 the Central Government
made the Foreigners Order, 1948. This Order came
into force on 14th February, 1948 and lays down
regulations concerning entry into, movement in and
departure from, India.
Relevant
paras in the said Order are briefly summarized hereunder
:
Para
3 : Power to grant or refuse permission to enter
India ;
Para
5 : Power to grant permission to depart from
India ;
Para
7 : Restriction of sojourn in India ;
Para
8, 9 : Restrictions on visit to prohibited places/areas
;
Para
10 : Restrictions on employment in India ;
Para
3 :
In terms of Para 3 of this Order, permission to enter
India shall be refused if the prescribed authority is
satisfied that:
the
foreigner is not in possession of a valid ‘passport’
or ‘visa’ forIndia or has not been exempted
from the possession of a passport or visa ;
he
is a person of unsound mind or a mentally defective
person ;
he
is suffering from loathsome or infectious disease in
consequence of which, in the opinion of the medical
officer of the port or the place of entry, as the case
may be, the entry of the foreigner is likely to prejudice
public health ; or
he
has been prohibited from entry under an order issued
by a competent authority.
Para
5 :
Under Para 5 of the Order, permission to depart from
India can be refused, in case the prescribed authority
is satisfied that :
The
foreigner has failed to comply with the formalities
of departure prescribed under the Registration of Foreigners
Rules, 1992
The
foreigner’s presence is required in India to answer
a criminal charge ;
Departure
has been prohibited or would prejudice the relations
of the Central Government with a foreign power.
Para
7 :
Under this para every foreigner, who enters India on
the authority of a visa issued by Indian diplomatic
consular or passport authority 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 1992, a permit indicating the period
during which he is authorized to remain in India, and
also indicating the period during which he is authorized
to remain in India, and also indicating the place or
places for stay in India, specified in the visa if any.
In granting such permit, the said Registration Officer
may restrict the stay of the foreigner to any of the
places mentioned in the visa.
No
such permit is necessary in the case of a foreigner
who enters India on a visa valid for a period upto 180
days and who does not remain in India beyond 180 days.
The
said order further provides that every foreigner, to
whom such permit is issued :
shall
not, if the permit indicates the place, visit any other
place ;
shall,
if the permit indicates the place or place(s) for stay
in India, reportin person or in writing, his arrival
at and departure from any such place to the Registration
Officer having jurisdiction at such place, within 24
hours after his arrival or before his intended departure
; and
shall,
in case of non-extension of permit by Central Government,
depart from India before the expiry of the said period
and, surrender the permit to the Registration Officer
having jurisdiction at the place from which he departs.
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