Foreigners Act,1946
Act No : 31
Section :
Power to make orders.
3.Power to make orders.(1) The Central Government may by 5order 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 1[India] or their departure therefrom or their presence or continued presence therein. -------------------------------------------------------------------- * This Act has been extended to- Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and Sch. Pondicherry with modifications vide Notification No. G.S.R. 1557, dated 24-11-1962, Gazette of India, Part II, Sec. 3 (i), p. 1886. and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. 1. Lakshadweep, Minicoy and Amindivi Island vide Reg. 8 of 1965, s, 3 and Sch. (w.e.f. 1-10-1967). the State of Sikim vide Notification No. G.S.R. 41 (E), date 27-1-1976 (w.e.f. 1-2-1976). 1 Subs. by Act 38 of 1947, s. 2, for "British India". 2 The words "except the State of Hyderabad", ins. by the A.O. 1950), omitted by Act 3 of 1951, s. 3 and Sch. 3 Subs. by Act 11 of 1957. s. 2. for the former clause (w.e.f. 19-1- 1957). 4 Cl. (aa), ins. by the A.O. 1950, omitted by Act 3 of 1951, s. 3 and Sch. 5 For Foreigners Order, 1948, see Gazette of India, 1948, Pt. I, p. 198. 8 (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 1[India] or shall enter 1[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 1[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 1[India] or in any prescribed area therein ; 2 (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 1[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; ---------------------------------------------------------------------- 1 Subs. by Act 38 of 1947, s, 2, for "British India". 2 Ins. by s. 4, ibid. 8A (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 ; (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 1[(g)] shall be arrested and detained or confined;] and may make provision 2[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. 2[(3) Any authority prescribed in this behalf may with respect to any particular foreigner make orders under clause (e) 2[or clause (f)] of sub-section (2).] 4[3A. Power to exempt citizens of Common-wealth countries and other persons from application of Act in certain cases. (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 modifications or subject to such conditions as may be specified in the order, to or in relation to- (a) the citizen's of any such Commonwealth country as may be so specified ; or (b) any other individual foreigner or class or description of foreigner. (2) A copy of every order made tinder this section shall be placed on the table of both Houses of Parliament as soon as may be after it is made.]
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