SECTION NOTES
Foreigners Act 1946 With Rules
FOREIGNERS ACT, 1946
7.
8.
10.
14B.
15.
16. Application of other laws not barred 17
17. [Omitted by the Repealing and Amending Act, 1950, w.e.f. 19-4-1950] 17 SUBJECT INDEX 19
REGISTRATION OF FOREIGNERS ACT, 1939
1. Short title and extent 21
2. De nitions 22
3. Power to make rules 22
4. Burden of proof 23
5. Penalties
6. Power to exempt from application of Act
7. Protection to persons acting under this Act
8. Application of other laws not barred
9. [Omitted by the Part B States (Laws) Act, 1951, w.e.f. 1-4-1951] 25 SUBJECT INDEX 27
REGISTRATION OF FOREIGNERS RULES, 1992
1. Short title, commencement and extent
2. De nitions
3. Registration Of cers
4. Passengers on vessels to report arrival in India
5. Report by Foreigners on arrival in India
6. Report by a foreigner of his address in India, etc.
7. Procedure for Registration
8. Period of validity of certi cate of registration
9. Production of proof of Identity
10. Production of certi cate of registration
11. Report of absence from address
12. Change in Registered address
13. Reports of change other than of address
14. [Omitted by the Registration of Foreigners (Amendment) Rules, 2016, w.e.f. 18-3-2016]
15. [Omitted by the Registration of Foreigners (Amendment) Rules, 2021, w.e.f. 12-11-2021]
16. Obligation of masters of vessels, etc.
17. Duplicate certi cate of registration
18. Reports etc. to be submitted in electronic form
Form A: Report by a foreigner of his address in India, etc.
Form B: Temporary Certi cate of Registration
Form C: [Omitted by the Registration of Foreigners (Amendment) Rules, 2016, w.e.f. 18-3-2016]
Form D: Arrival card for Passengers
Form E: Passenger Manifest
Form F: [Omitted by the Registration of Foreigners (Amendment) Rules, 2016, w.e.f. 18-3-2016]
Form G: [Omitted by the Registration of Foreigners (Amendment) Rules, 2016, w.e.f. 18-3-2016]
FOREIGNERS ORDER, 1948
1. Short title, commencement and extent
2. De nitions
2A. Authority prescribed for the purpose of section 7 of the Foreigners Act, 1946
3. Power to grant or refuse permission to enter India
3A. Exemption of certain class of foreigners
3B. Requirement of holding a valid passport or other valid travel document while living in India
4. Landing of Seamen
5. Power to grant permission to depart from India
5A. Power to examine persons
6. Liability of master of vessel, etc., to remove a foreigner
6A. Liability of master of vessel or country representative or station manager of airline to provide information
6B. Liability of master of vessel or country representative or station manager of airline to provide information relating to departure
7. Restriction of sojourn in India
8. Prohibited places
9. Protected Areas
10. Restrictions on employment
11. Power to impose restrictions on movements, etc.
11A. Restrictions on certain activities
11B. Restrictions on mountaineering expeditions
12. Powers to remove foreigners from Cantonments
13. Power to close clubs and restaurants
14. Expenses of deportation
15. Report to be made by Universities and Educational Institutions 58
16. Report to be made to and by hotel keepers
17. Reports or application or information to be submitted in electronic form
SCHEDULE: [ Omitted by G.S.R. 4571(E), dated 19-12-2019, w.e.f. 19-12-2019]
Foreigners Act, 1946
[31 OF 1946]1
An Act to confer upon the Central Government certain powers in respect of foreigners.
WHEREAS it is expedient to provide for the exercise by the Central Government of certain powers in respect of the entry of foreigners into 2[India], their presence therein and their departure therefrom;
It is hereby enacted as follows:—
Short title and extent.
1. (1) This Act may be called the Foreigners Act, 1946. (2) It extends to the whole of 2[India] 3[***].
De nitions.
2. In this Act,—
4[(a) “foreigner” means a person who is not a citizen of India;] (aa) 5[***]
(b) “prescribed” means prescribed by orders made under this Act; (c) “specified” means specified by direction of a prescribed authority.
COMMENTS
SECTION NOTES
Foreigner [Section 2(a)]
“Foreigner” means a person who is not a citizen of India. See also sections 8 and 9.
1. Dated 23-11-1946.
2. Substituted for “British India” by the Foreigners (Amendment) Act, 1947, w.e.f. 15-12-1947.
3. Words “except the State of Hyderabad” omitted by the Part B States (Laws) Act, 1951, w.e.f. 1-4-1951. Earlier, said quoted words were inserted by the Adaptation of Laws Order, 1950, w.e.f. 26-1-1950.
4. Substituted by the Foreigners Laws (Amendment) Act, 1957, w.r.e.f. 19-1-1957.
5. Omitted by the Part B States (Laws) Act, 1951, w.e.f. 1-4-1951. Earlier, clause (aa) was inserted by the Adaptation of Laws Order, 1950, w.e.f. 26-1-1950.
Power to make orders.
3. (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 foreigner, for prohibiting, regulating or restricting the entry of foreigners into 6[India] or their departure therefrom or their presence or continued presence therein.
(2) In particular and without prejudice to the generality of the foregoing power, orders made under this section may provide that the foreigner—
(a) shall not enter 6[India], or shall enter 6[India] only at such times and by such route and at such port or place and subject to the observance of such conditions on arrival as may be prescribed;
(b) shall not depart from 6[India], or shall depart only at such times and by such route and from such port or place and subject to the observance of such conditions on departure as may be prescribed;
(c) shall not remain in 6[India], or in any prescribed area therein;
7-8[(cc) shall, if he has been required by order under this section not to remain in India, meet from any resources at his disposal the cost of his removal from India and of his maintenance therein pending such removal;]
(d) shall remove himself to, and remain in, such area in 6[India] as may be prescribed;
(e) shall comply with such conditions as may be prescribed or specified—
(i) requiring him to reside in a particular place;
(ii) imposing any restrictions on his movements;
(iii) requiring him to furnish such proof of his identity and to report such particulars to such authority in such manner and at such time and place as may be prescribed or specified;
(iv) requiring him to allow his photograph and finger impressions to be taken and to furnish specimens of his handwriting and signature to such authority and at such time and place as may be prescribed or specified;
(v) requiring him to submit himself to such medical examination by such authority and at such time and place as may be prescribed or specified;
(vi) prohibiting him from association with persons of a prescribed or specified description;
(vii) prohibiting him from engaging in activities of a prescribed or specified description;
(viii) prohibiting him from using or possessing prescribed or specified articles;
6. Substituted for “British India” by the Foreigners (Amendment) Act, 1947, w.e.f. 15-12-1947. 7-8. Inserted, ibid.
(ix) otherwise regulating his conduct in any such particular as may be prescribed or specified;
(f) shall enter into a bond with or without sureties for the due observance of, or as an alternative to the enforcement of, any or all prescribed or specified restrictions or conditions;
9[(g) shall be arrested and detained or confined;] and may make provision 10[for any matter which is to be or may be prescribed and] for such incidental and supplementary matters as may, in the opinion of the Central Government, be expedient or necessary for giving effect to this Act.
10[(3) Any authority prescribed in this behalf may with respect to any particular foreigner make orders under clause (e) 11[or clause (f)] of sub-section (2).]
COMMENTS
SECTION NOTES
Powers of Central Government to make orders with respect to foreigners
The Central Government may by order make provision for prohibiting, regulating or restricting the entry of foreigners into India or their departure therefrom or their presence or continued presence therein.
Such order may be made, either generally or with respect to all foreigners or with respect to any particular foreigner or any prescribed class or description of foreigner.
See the Foreigners Order, 1948, issued by the Central Government under this section. In particular and without prejudice to the generality of the foregoing power, orders made under this section may provide that the foreigner—
(a) shall not enter India or shall enter India only at such times and by such route and at such port or place and subject to the observance of such conditions on arrival as may be prescribed; [See Para 3 of the Foreigners Order, 1948]
(b) shall not depart from India, or shall depart only at such times and by such route and from such port or place and subject to the observance of such conditions on departure as may be prescribed; [See Para 5 of the Foreigners Order, 1948]
(c) shall not remain in India or in any prescribed areas therein;
(cc) shall, if he has been required by order under this section not to remain in India, meet from any resources at his disposal the cost of his removal from India and of his maintenance therein pending such removal;
(d) shall remove himself to, and remain in, such area in India as may be prescribed;
(e) shall comply with such conditions as may be prescribed or speci ed —
(i) requiring him to reside in a particular place;
(ii) imposing any restrictions on his movements;
9. Inserted by the Foreigners Law (Application and Amendment) Act, 1962, w.e.f. 24-11-1962. Earlier, clause (g) was omitted by the Foreigners Laws (Amendment) Act, 1957, w.r.e.f. 19-11957.
10. Inserted by the Foreigners (Amendment) Act, 1947, w.e.f. 15-12-1947.
11. Substituted for “clause (f) or clause (g)” by the Foreigners Laws (Amendment) Act, 1957, w.r.e.f. 19-1-1957.
(iii) requiring him to furnish such proof of his identity and to report such particulars to such authority in such manner and at such time and place as may be prescribed or speci ed;
(iv) requiring him to allow his photograph and nger impressions to be taken and to furnish specimens of his handwriting and signature to such authority and at such time and place as may be prescribed or speci ed;
(v) requiring him to submit himself to such medical examination by such authority and at such time and place as may be prescribed or speci ed;
(vi) prohibiting him from association with persons of a prescribed or speci ed description;
(vii) prohibiting him from engaging in activities of a prescribed or speci ed description;
(viii) prohibiting him from using or possessing prescribed or speci ed articles;
(ix) otherwise regulating his conduct in any such particular as may be prescribed or speci ed;
(f) shall enter into a bond with or without sureties for the due observance of, or as an alternative to the enforcement of, any or all prescribed or speci ed restrictions or conditions;
(
g) shall be arrested and detained or con ned;
The Central Government may make provision for any matter which is to be or may be prescribed and for such incidental and supplementary matters as may, in the opinion of the Central Government, be expedient or necessary for giving effect to this Act.
Any authority prescribed in this behalf may with respect to any particular foreigner make orders in (e) or (f) above.
See also the Registration of Foreigners Rules, 1992.
CASE LAWS
The Supreme Court clari ed that individuals once declared as illegal migrants or foreigners by the Foreigners Tribunal cannot claim Indian citizenship, as the Tribunal’s decision is binding and operates as res judicata. Such individuals are excluded from the National Register of Citizens (NRC) for Assam under the Citizenship Act, 1955, and related rules. The Court af rmed that the Tribunal’s determination is quasi judicial, carrying civil consequences, and precludes re-litigation before the same authority. The High Court, however, retains judicial review powers under Article 226 to correct any procedural errors in the Tribunal’s decision-making process, ensuring checks against potential injustice. The appeal provisions in paragraph 8 of the Citizenship Rules, 2003 apply only to new cases where the Tribunal has not previously adjudicated nationality, thereby preventing repeated adjudication of the same status.—Abdul Kuddus v. Union of India AIR 2019 SC 2834
The Supreme Court held that for determining a foreigner’s status under the Foreigners Act, 1946, the relevant date is when the alleged offence occurs, not when the person entered India. Ibrahim, a Pakistani citizen deported in 1957, was charged under section 3(2)(a) for re-entering India without a passport. He argued that he wasn’t a “foreigner” under the 1946 Act upon entry due to Pakistan’s Commonwealth status. However, the Court held that after the 1957 amendment, a Pakistani citizen was de ned as a foreigner under Indian law, making the appellant liable for offences committed post-amendment. The Court also clari ed that section 9 of the Citizenship Act is only applicable when there is a prior question of citizenship, which was not relevant here as the appellant had no initial claim to Indian citizenship. The appeal was dismissed, upholding his conviction.—Ibrahim v. State of Rajasthan AIR 1965 SC 618
The Punjab High Court ruled that an Indian citizen who travelled to Pakistan after the Constitution’s enactment and returned with a Pakistani passport cannot be deemed a foreigner without a formal decision by the Central Government under section 9 of the Citizenship Act, 1955. Sher Mohammad, originally an Indian citizen, temporarily visited Pakistan without a visa and later returned with a Pakistani passport due to family illness. The Court held that this did not constitute “migration” or renunciation of Indian citizenship under Article 7 of the Constitution. The respondent’s status remained unchanged without a conclusive order from the Central Government under section 9, barring his deportation under section 3(2)(c) of the Foreigners Act. The appeal was dismissed.—State of Punjab v. Sher Mohammad AIR 1962 Punjab 333
The Supreme Court held that in cases challenging an order to leave India under Section 3(2) (c) of the Foreigners Act, 1946, the onus is on the respondent to prove they are not a foreigner, as speci ed under section 9 of the Act. Ghaus Mohammad contested his deportation, arguing he was an Indian citizen. The Court observed that determining citizenship often involves detailed evidence, making a writ petition under Article 226 unsuitable for such factual disputes. It recommended that the issue be resolved through a civil suit where both parties can present evidence. The High Court’s decision was overturned, with the Court allowing the respondent time to le a suit to establish his nationality.—Union of India v. Ghaus Mohammad AIR 1961 SC 1526
The Supreme Court addressed the detention of Pakistani nationals who remained incarcerated in India despite completing their sentences. The Court ordered deportation for those whose repatriation was approved by Pakistan, with deportation arrangements to be completed by 30-09-2003. For others awaiting similar approval, they were to reside under restriction at a secure ward in Alwar District Jail until repatriation formalities concluded. The Court also directed that two prisoners undergoing trial would not be deported until their trials and any resultant sentences were served. The Ministry of Home Affairs was required to update the appointed advocate every six months on the repatriation progress.—Noor Mohammed v. Union of India AIR ONLINE 2003 SC 208
The Calcutta High Court ruled that a detention order under the Foreigners Order, 1939, must be superseded if a subsequent deportation order under section 3 of the Foreigners Act, 1946, is issued by the Central Government. In this case, the petitioner, a stateless person ordered to leave India, remained detained without an opportunity to comply with the deportation order. The Court held the ongoing detention invalid as it deprived him of a chance to depart as directed. The authorities were instructed to release the detainee immediately, enabling him to ful l the deportation order, with further legal action permissible only if he failed to comply within the speci ed time.—B.A. Shervashidze v. Government of West Bengal AIR 1951 Calcutta 474
12[Power to exempt citizens of Commonwealth countries and other persons from application of Act in certain cases.
3A. (1) The Central Government may, by order declare that all or any of the provisions of this Act or of any order made thereunder shall not apply, or shall apply only in such circumstances or with such exceptions or modi cations or subject to such conditions as may be speci ed in the order, to or in relation to—
(a) the citizens of any such Commonwealth country as may be so specified; or
(b) any other individual foreigner or class or description of foreigner.
12. Inserted by the Foreigners Laws (Amendment) Act, 1957, w.r.e.f. 19-1-1957.
FOREIGNERS ACT 1946 WITH RULES – BARE ACT WITH SECTION NOTES
AUTHOR : TAXMANN'S EDITORIAL BOARD
PUBLISHER : TAXMANN
DATE OF PUBLICATION : JANUARY 2025
EDITION : 2025 EDITION
ISBN NO : 9789364552936
NO. OF PAGES : 76
BINDING TYPE : PAPERBACK
DESCRIPTION
Foreigners Act with Rules [Bare Act with Section Notes] by Taxmann presents the consolidated legal framework governing foreigners' entry, stay, and exit in India. It includes the Foreigners Act, 1946, along with its allied rules and orders—such as the Registration of Foreigners Act, 1939; the Registration of Foreigners Rules, 1992; and the Foreigners Order, 1948—and features concise section notes for clarity.
This book is intended for the following audience:
• Legal Professionals & Practitioners
• Law Enforcement Agencies
• Judicial Officers & Quasi-Judicial
• Academicians & Students
• NGOs & Policy Think Tanks
The Present Publication is the 2025 Edition, covering the amended and updated text of the Foreigners Act [Act No. 31 of 1946] and Rules, with the following noteworthy features:
• [Bare Act Format with Section Notes] Presents the unaltered legislative text, complemented by brief explanatory notes
• [Comprehensive Coverage] Consolidates all major statutes—Acts, Rules, and Orders—regulating foreigners under one cover
• [Updated & Amended] Reflects the most recent amendments and legal developments up to this edition
• [Pre-amendment Provisions] Provides earlier versions in amendment footnotes, highlighting pre- and post-amendment scenarios
• [User-friendly Layout] Features clear headings, marginal notes, and cross-references for easier navigation
• [Relevant Case Law References] Includes indicative judicial rulings where pertinent