Attendant or manager is responsible under foreigners act if residence of foreigner is not reported to police
When a person, who is not a citizen of India, who is the foreigner as defined under the Foreigners Act, 1946 and Registration of Foreigners Act, 1939, is accommodated in a hotel or resort, a report as provided under Section 7 of the Foreigners Act is to be furnished and if not it is punishable under Section 14(c) of the Act. But, CRMC 1561&2127/07 17 the obligation under the Section and consequent culpability is only on the keeper of the premises. If we go by dictionary meaning, keeper could only be some one in charge of the hotel or resort. If an attendant or manager is appointed in charge of the hotel or resort, then the owner or owners will not be the keeper and it so, it is the person in charge of the resort or hotel, who is obliged under the Section to furnish the information provided under Section 7 of the Act. If so, the owner of the resort or hotel cannot be prosecuted for the offence under section 14(c) of the Act.
Kerala High Court
Vijukumar, S/O.Bhaskaran vs State Of Kerala, Represented By ... on 23 July, 2009
