The Registration of Foreigners Act, 1939

(1) This Act may be called the Registration of Foreigners Act, 1939. (2) It extends to 1[the whole of India] 2* * *.

In this Act 4[(a) "foreigner" means a person who is not a citizen of India;] 5* * * * * (b) "prescribed" means prescribed by rules made under this Act.

1[(1)] The Central Government may after previous publication, bynotification in the Official Gazette, make rules with respect to foreigners for any or all of the followingpurposes, that is to say– (a) for requiring any foreigner entering, or being present in, 2[India] to report his presence to aprescribed authority within such time and in such manner and with such particulars as may beprescribed; (b) for requiring any foreigner moving from one place to another place in 2[India] to report, onarrival at such other place, his presence to a prescribed authority within such time and in such mannerand with such particulars as may be prescribed; (c) for requiring any foreigner who is about to leave 3[India] to report the date of his intendeddeparture and such other particulars as may be prescribed to such authority and within such periodbefore departure as may be prescribed; (d) for requiring any foreigner entering, being present in, or departing from, 3[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 anyother premises of like nature to report the name of any foreigner residing therein for whateverduration, to a prescribed authority within such time and in such manner and with such particulars asmay be prescribed; (f) for requiring any person having the management or control of any vessel or aircraft to furnishto a prescribed authority such information as may be prescribed regarding any foreigner entering, orintending to depart from 3[India], in such vessel or aircraft, and to furnish to such authority suchassistance as may be necessary or prescribed for giving effect to this Act; (g) for providing for such other incidental or supplementary matters as may appear to the CentralGovernment necessary or expedient for giving effect to this Act. 4[(2) Every rule made under this section shall be laid, as soon as may be after it is made, before eachHouse of Parliament, while it is in session, for a total period of thirty days which may be comprised inone session or in two or more successive sessions, and if, before the expiry of the session immediatelyfollowing the session or the successive sessions aforesaid, both Houses agree in making any modificationin the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect onlyin such modified form or be of no effect, as the case may be; so, however, that any such modification orannulment shall be without prejudice to the validity of anything previously done under that rule.]

If any question arises with reference to this Act or any rule made thereunder,whether any person is or is not a foreigner, or is or is not a foreigner of a particular class or description,the onus of proving that such person is not a foreigner or is not a foreigner of such particular class ordescription, as the case may be, shall, notwithstanding anything contained in the Indian Evidence Act,1872 (1 of 1872), lie upon such person.

Any person who contravenes, or attempts to contravene, or fails to comply with, anyprovision of any rule made under this Act shall be punished, if a foreigner, with imprisonment for a termwhich may extend to one year or with fine which may extend to one thousand rupees or with both, or ifnot a foreigner, with fine which may extend to five hundred rupees.