The Immigration (carriers Liability) Act, 2000

(1) This Act may be called the Immigration (Carriers' Liability) Act,2000. (2) It extends to the whole of India.

(1) In this Act, unless the context otherwise requires, (a) "carrier" means a person who is engaged in the business of transporting passengers by wateror air and includes any association of persons, whether incorporated or not, by whom the aircraft orthe ship is owned or chartered; (b) "Competent Authority" means the civil authority appointed under sub-paragraph (2) ofparagraph 2 of the Foreigners Order, 1948 made under the Foreigners Act, 1946 (31 of 1946) or anyother officer notified by the Central Government in this behalf; (c) "prescribed" means prescribed by rules made under this Act. (2) Words and expressions not defined in this Act but defined in the Foreigners Act, 1946 (31 of1946) or the Passport (Entry into India) Act, 1920 (34 of 1920) shall have the meanings respectivelyassigned to them in those Acts.

Where the competent authority is ofthe opinion that any carrier has brought a person in contravention of the provisions of the Passport (Entryinto India) Act, 1920 (34 of 1920) and rules made thereunder into India, he may by order impose apenalty of rupees one lakh on such carrier: Provided that no order shall be passed without giving the carrier an opportunity of being heard in thematter.

1[3A. Power to exempt.-- (1) Without prejudice to the provisions of the Passport (Entry into India)Act, 1920 (34 of 1920) and the rules made thereunder, if the Central Government is of opinion that it isnecessary or expedient in the interest of the general public or to fulfil the international obligation, it may,by order notified in the Official Gazette and subject to such conditions as may be specified in the order,exempt any carrier or class of carrier from the operations of all or any of the provisions of this Act andmay, as often as may be necessary, revoke or modify such order. (2) Every order made under this section shall be laid, as soon as may be after it is made, before eachHouse of Parliament.]

(1) An appeal shall lie against the order made under section 3 of this Act to the JointSecretary to the Government of India in the Ministry of Home Affairs authorised in this behalf by thatGovernment. (2) Every such appeal shall be preferred within thirty days from the date of the order appealedagainst: Provided that the appellate authority may, if it is satisfied that the appellant was prevented bysufficient cause from preferring the appeal within the said period of thirty days, permit the appellant toprefer the appeal within a further period of thirty days. (3) On receipt of any such appeal, the appellate authority shall, after giving the parties a reasonableopportunity of being heard and after making such inquiry as it deems proper, make such order, as it maythink fit, confirming, modifying or reversing the order appealed against. (4) Every appeal shall be preferred on payment of such fees as may be prescribed.