The Foreigners Act, 1946

(1) This Act may be called the Foreigners Act, 1946. (2) It extends to the whole of 1[India]2***.

In this Act-- 1[(a) "foreigner" means a person who is not a citizen of India;] 2* * * * * (b) "prescribed" means prescribed by orders made under this Act; (c) "specified" means specified by direction of a prescribed authority.

(1) The Central Government may by order make provision, eithergenerally or with respect to all foreigners or with respect to any particular foreigner or any prescribedclass or description of foreigner, for prohibiting, regulating or restricting the entry of foreigners into1[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 underthis 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 suchport or place and subject to the observance of such conditions on arrival as may be prescribed; (b) shall not depart from 2[India], or shall depart only at such times and by such routeand from such port or place and subject to the observance of such conditions on departureas may be prescribed; (c) shall not remain in 2[India] or in any prescribed areas therein; 3[(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 hismaintenance therein pending such removal;] (d) shall remove himself to, and remain in, such area in 2[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 suchparticulars to such authority in such manner and at such time and place as may beprescribed or specified; (iv) requiring him to allow his photograph and finger impressions to be taken andto furnish specimens of his handwriting and signature to such authority and at suchtime and place as may be prescribed or specified; (v) requiring him to submit himself to such medical examination by suchauthority and at such time and place as may be prescrib ed or specified; (vi) prohibiting him from association with persons of a prescribed or specifieddescription; (vii) prohibiting him from engaging in activities of a prescribed or specifieddescription; (viii) prohibiting him from using or possessing prescribed or specified articles; (ix) otherwise regulating his conduct in any such particular as may be prescribed orspecified; (f) shall enter into a bond with or without sureties for the due observance of, or as analternative to the enforcement of, any or all prescribed or specified restrictions orconditions; 4[(g) shall be arrested and detained or confined;] and may make provision 5[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. 5[(3) Any authority prescribed in this behalf may with respect to any particular foreignermake orders under clause (e)6[or clause (f)] of sub-section (2).]

1[3A. Power to exempt citizens of Commonwealth Countries and other persons fromapplication of Act in certain cases.(1) The Central Government may, by order, declare that all orany of the provisions of this Act or of any order made thereunder shall not apply, or shall applyonly in such circumstances or with such exceptions or modifications or subject to such conditions asmay be specified 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. (2) A copy of every order made under this section shall be placed on the table of bothHouses of Parliament as soon as may be after it is made.]

1[(1) Any foreigner (hereinafter referred to as an internee) inrespect of whom there is in force any order made under clause (g) of sub-section (2) ofsection 3, directing that he be detained or confined, shall be detained or confined in suchplace and manner and subject to such conditions as to maintenance, discipline and thepunishment of offences and breaches of discipline as the Central Government may from timeto time by order determine.] (2) Any foreigner (hereinafter referred to as a person on parole) in respect of whom thereis in force an order under clause (e) of sub-section (2) of section 3 requiring him to reside at aplace set apart for the residence under supervision of a number of foreigners, shall whileresiding therein be subject to such conditions as to maintenance, discipline and thepunishment of offences and breaches of discipline as the Central Government may from timeto time by order determine. 2[(3) No person shall (a) knowingly assist an internee or a person on parole to escape from custody or theplace set apart for his residence, or knowingly harbour an escaped internee or person onparole, or (b) give an escaped internee or person on parole any assistance with intent thereby toprevent, hinder or interfere with the apprehension of the internee or the person onparole. (4) The Central Government may, by order, provide for regulating access to, and theconduct of persons in, places in India where internees or persons on parole are detained orrestricted, as the case may be, and for prohibiting or regulating the despatch or conveyancefrom outside such places to or for internees or persons on parole therein of such articles asmay be prescribed.]