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Registration of Foreigners Act,1939

Act No : 16


Section : Power to make rules.

3. Power to make rules. [(1)]8 The Central Government may after previous publication, by power to notification in the Official Gazette, make rules 6 with respect to make rules. foreigners for any or all of the following purposes, that is to say- (a)for requiring any foreigner entering, or being present in, 7[India] to report his presence to a prescribed authority --------------------------------------------------------------------- *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 11, Sec. 3 (i), p. 1886 ; brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I. (w.e.f. 1-7-1965) ; Lakshadweep vide Reg. 8 of 1665, s. 3 and Sch. (w.e.f. 1-10-1967) Sch. (w.e.f. 1-10-1967). the State of Sikkim vide Notification No. G.S.R. 41 (E), dated 27-1- 1976 (w.e.f. 1-2-1976). 1 Subs. by Act 37 of 1949, s. 2, for "the Provinces of India". 2 Subs. by s. 3, ibid., for "all the Provinces of India". 3 The words "except the State of Hyderabad", ins. by the A.O. 1950, omitted by Act 3 of 1951, s. 3 and Sch. 4 Subs. by Act 11 of 1957, s, 8, for the former clause (w.e.f. 19-1- 1957). 5 Cl. (aa), ins. by the A.O. 1950, omitted by Act 3 of 1951, s. 3 and Sch. 6 For Registration of Foreigners Rules. 1939, see Gazette of India, 1939, Pt. I, P. 1059. 7 Subs. by Act 37 of 1949, s. 4. for "the Provinces". 8 Renumbered by Act 4 of 1986 , s. 2, such. (w.e.f. 15-5-1986) 4 within such time and in such manner and with such particulars as may be prescribed; (b)for requiring any foreigner moving from one place to another place in 1[India] to report, on arrival at such other place, his presence to a prescribed authority within such time and in such manner and with such particulars as may be prescribed; (c) for requiring any foreigner who is about to leave 1[India] to report the date of his intended departure and such other particulars as may be prescribed to such authority. and within such period before departure as may. be prescribed; (d) for requiring any foreigner entering, being present in, or departing from, 1[India] to produce, on demand by a prescribed authority, such proof of his identity as may be prescribed; (e) for requiring any person having the management of any hotel, boarding-house, sarai or any other premises of like nature to report the name of any foreigner residing therein for whatever duration, to a prescribed authority, within such time and in such manner and with such particulars as may be prescribed; (f) for requiring any person having the management or control of any vessel or aircraft to furnish to a prescribed authority such information as may be prescribed regarding any foreigner entering, or intending to depart from, 1[India], in such vessel or aircraft, and to furnish to such authority such assistance as may be necessary or pres- cribed for giving effect to this Act; 2(4) Every rule made under this section shall be laid as soon as may be after it is made, before each House of Parliament, while it is in session, for a total Period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid. both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made. The rule shall there after have effect only, in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done tinder that rule.] (g)for providing for such other incidental or supplementary matters as may appear to the Central Government necessary or expedient for giving effect to this Act.


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