The Immigration and Foreigners Bill, 2025 |The LexSphere Library

SECTION Section 1

Untitled Section

•AS INTRODUCED IN LOK SABHA

•Bill No. 22 of 2025

•THE IMMIGRATION AND FOREIGNERS BILL, 2025

•_______

•ARRANGEMENT OF CLAUSES

•______

SECTION Section 10

Untitled Section

•CHAPTER III

•MATTERS RELATED TO FOREIGNERS

SECTION Section 100

Untitled Section

•Clause 6 of the Bill relates to Registration of foreigners.

•This clause provides for registration by foreigners with the Registration

•Officer on arrival in India.

SECTION Section 101

Untitled Section

•Clause 7 of the Bill relates to power to issue orders, directions or instructions.

•This clause seeks to empower the Central Government to make provisions by

•order or instructions for prohibiting, regulating or restricting the entry of foreigners

•into India or, their departure therefrom or their presence or continued presence

therein.

SECTION Section 102

Untitled Section

•Clause 8 of the Bill relate s to obligation of keeper of accommodation and

•others to furnish particulars.

•This clause provides for submission of information as may be provided by

•rules in respect of foreigners accommodated in any accommodation by the keeper

•of such accommodation to the Registration Officer.

SECTION Section 103

Untitled Section

•Clause 9 of the Bill relates to obligation of Universities and Educational

Institutions.

•This clause provides for submission of information as may be provided by

•rules in respect of foreigners admitted by any University or Educational Institution

•or any other institution to the Registration Officer.

SECTION Section 104

Untitled Section

•Clause 10 of the Bill relates to obligation of hospital, nursing home or any

•other medical institution.

•This clause provides for submission of information as may be provided by

•rules in respect of foreigners taking indoor medical treatment or their attendants for

•whom lodging or sleeping facility has been provided by any hospital, nursing home

•or any other such medical institution providing medical, lodging or sleeping facility

•in their premises to the Registration Officer.

SECTION Section 105

Untitled Section

•Clause 11 of the Bill relates to visit to Protected or Restricted area or

•prohibited places.

•This clause provides for prohibiting the entry or stay by a foreigner in a

•Protected or Restricted area or a prohibite d place, except with a special permit or

•permission granted.

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•17

•Clause 12 of the Bill relates to change of name of foreigner in India.

•This clause provides for prohibition on changing the name by a foreigner while in

•India except with specific permission by such authority as may be provided by rules.

SECTION Section 106

Untitled Section

•Clause 13 of the Bill relates to foreigners whose movements are restricted.

•This clause provides for regulating the stay of a foreigner in respect of whom

•there is in force an order under item (f) of sub-clause (2) of clause 7 requiring him

•to reside at a place set apart for the purpose.

SECTION Section 107

Untitled Section

•Clause 14 of the Bill relates to power to control places frequented by

foreigners.

•This clause seeks to empower the civil authority to control any premises

•frequented by foreigners subject to such conditions as may be provided by rules.

SECTION Section 108

Untitled Section

•Clause 15 of the Bill relates to foreigner who is national of more than one

•foreign country.

•This clause seeks to empower the civil authority or Immigration Officer to

•determine the nationality of a foreigner in such cases when a foreigner while in India

•with a valid passport or other travel document and a valid visa is recognised as a

•national by law of more than one foreign country.

SECTION Section 109

Untitled Section

•Clause 16 of the Bill relates to Burden of proof.

•This clause seeks to cast the burden of proving that a person is not a foreigner

•or is not a foreigner of such particular class or description, as the case may be, upon

•such person.

SECTION Section 11

Untitled Section

6.Registration of foreigners.

SECTION Section 110

Untitled Section

•Clause 17 of the Bill relates to obligation of carriers and like.

•This clause provides for furnishing of the passenger and crew manifest, the

•advance passenger information data of passengers and crew on board and the

•passenger name record information of passengers arriving or departing, by a carrier

•landing or embarking at a port or place in India to the civil authority.

SECTION Section 111

Untitled Section

•Clause 18 of the Bill relates to liability of carrier to pay penalty.

•This clause provides for penalty for contravention of the provisions of

SECTION Section 113

Untitled Section

•Clause 19 of the Bill relates to liability of carriers for passengers brought into

India.

•This clause provides for imposing penalty on the carrier by the civil authority

•where the carrier has brought a person in contravention of the provisions of

SECTION Section 114

Untitled Section

•clause 3 and rules or orders made thereunder into India. It also provides for

•procedure for filing of appeal by the carrier and its disposal by the appellate

authority.

SECTION Section 115

Untitled Section

•Clause 20 of the Bill relates to attempts and like to contravene provisions of

•this Act.

•This clause seeks to specify as to what constitutes contravention of provisions

•of this Act.

SECTION Section 116

Untitled Section

•Clause 21 of the Bill relates to penalty for entry without valid passport or other

•travel document.

•This clause seeks to lay down penalty on a foreigner who enters in to in any

•area in India without a valid passport or other travel document, including visa,

•required for such entry in contravention of provisions of clause 3 of this Act or of

•any rule or order made thereunder or any direction given in pursuance thereof.

•18

•Clause 22 of the Bill relates to penalty for using or supplying forged or

•fraudulently obtained passport or other travel document and visa.

•This clause seeks to lay down penalty for using a forged or fraudulently

•obtained passport or other travel document or visa for entering into India or staying

•in or exiting from India.

SECTION Section 117

Untitled Section

•Clause 23 of the Bill relates to penalty for contravention of other provisions

•of this Act.

•This clause seeks to lay down penalty on a foreigner for remaining in any area

•in India for a period exceeding the period for which the visa was issued to him or

•stays in India without a valid passport or other valid travel document in

•contravention of provisions of clause 3 or does any act in violation of the conditions

•of the valid visa issued to him for his entry and stay in India or any part thereunder.

•It also seeks to lay down penalty on any person who contravenes any other

•provisions of this Act, other than sections 17 and 19, or of any rule or order made

•thereunder or any direction or instruction given in pursuance of this Act or such

•order or direction or instruction for which no specific punishment is provided under

•this Act.

SECTION Section 118

Untitled Section

•Clause 24 of the Bill relates to penalty for abetment.

•This clause seeks to lay down penalty on any person who abets any offence

•punishable under clauses 21, 22 or 23.

SECTION Section 119

Untitled Section

•Clause 25 of the Bill relates to compounding of certain offences.

•This clause provides for compounding of any offence punishable under

SECTION Section 12

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7.Power to issue orders, directions or instructions.

SECTION Section 120

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•clause 21 or 23 or clause 24 (in so far as it relates to an offence committed under

SECTION Section 121

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•clause 21 or 23).

SECTION Section 122

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•Clause 26 of the Bill relates to power to arrest.

•This clause provides for arrest without warrant any person who has

•contravened or against whom reasonable suspicion exists that he has contravened

SECTION Section 123

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•clause 3 or any rule or order made thereof, by an officer of police not below the rank

•of Head Constable and the provisions of section 58 of the Bhar atiya Nagarik

•Suraksha Sanhita, 2023, so may be, apply in the case of any such arrest.

SECTION Section 124

Untitled Section

•Clause 27 of the Bill relates to power to give effect to orders, directions, and

•the like.

•This clause provides to take or cause to be taken such steps and use or cause

•to be used such force as may be rea sonably necessary by the authority empowered

•to give any direction or to exercise any other power, for securing compliance with

•direction or for preventing or rectifying any breach thereof or for the effective

•exercise of such power, as the case may be.

SECTION Section 125

Untitled Section

•Clause 28 of the Bill relates to power to delegate authority.

•This clause seeks to empower the Central Government to direct, by

•notification, that any power or functions which may be exercised or performed by

•it under this Act or by any rule or order made thereunder, may be exercised by such

•officer or authority subordinate to the Central Government or by any State

•Government or by any officer or authority subordinate to such Government or any

•officer or authority authorised by such Government.

SECTION Section 126

Untitled Section

•Clause 29 of the Bill relates to power of removal.

•This clause seeks to empower the Central Government to direct, by general or

•special order, removal of a foreigner from India for contravention of any of the

•provisions of this Act or any rule or order made thereunder or an adverse security

report.

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•Clause 30 of the Bill relates to power to make rules.

•This clause seeks to empower the Central Government to make rules to carry

•out the purposes of the proposed legislation.

SECTION Section 127

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•Clause 31 of the Bill relates to rules to be laid before Parliament.

•This clause seeks to require that rules made under this Act are to be laid before

•each House of Parliament.

SECTION Section 128

Untitled Section

•Clause 32 of the Bill relates to protection of action taken in good faith.

•This clause seeks to protect any person for anything done, or intended to be

•done in good faith under this Act or any rule or order made thereunder.

SECTION Section 129

Untitled Section

•Clause 33 of the Bill relates to power to exempt in certain cases.

•This clause seeks to empower the Central Government to declare, by order,

•that all or any of the provisions of this Act or of any rule or order made thereunder

•shall not apply or shall apply only in such circumstances or with such exceptions or

•modifications or subject to such conditions as may be specified in such order, to or

•in relation to the citizens or class of citizens of any such country as may be so

•specified, or any other individual foreigner or class or description of foreigner.

SECTION Section 13

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8.Obligation of keeper of accommodation and others to furnish particulars.

SECTION Section 130

Untitled Section

•Clause 34 of the Bill relates to application of other laws not barred.

•This clause seeks to provide that provisions of this Act shall be in addition to,

•and not in derogation of, the provisions of any other enactment for the time being in

force.

SECTION Section 131

Untitled Section

•Clause 35 of the Bill relates to power to remove difficulties.

•This clause seeks to empower the Central Government to issue an order fo r

•removal of any difficulty which may arise during implementation of the proposed

legislation.

SECTION Section 132

Untitled Section

•Clause 36 of the Bill relates to repeal and saving.

•This clause provides that the Passport (Entry into India) Act, 1920 (34 of

•1920), the Registration of Foreign ers Act, 1939 (16 of 1939), the Foreigners Act,

•1946 (31 of 1946) and the Immigration (Carriers’ Liability) Act, 2000 (52 of 2000)

•are repealed. For continuity of rules and orders till framing and notification of new

•rules, the rules, regulations and orders made under the repealed Acts shall, in so far

•as they are not inconsistent with the provisions of this Act, continue in force

•accordingly till the new rules, regulations or orders are made under this Act.

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•FINANCIAL MEMORANDUM

•Provisions in the Bill are regulatory in nature. Even though clause 5 of the

•Bill provides for constitution of a Bureau of Immigration assisted by Foreigners

•Regional Registration Officers, Chief Immigration Officers and such number o f

•Immigration Officers as may be appointed by the Central Government, as a set-up

•of Bureau of Immigration with officers is already in place and functioning.

•Provisions in clause 5 of the Bill are meant to provide specific legal backup for the

•immigration function, Immigration Officer and the Bureau of Immigration.

•Therefore, the Immigration and Foreigners Bill, 2025, if enacted, is not likely to

•involve additional expenditure, either recurring or non -recurring, from and out of

•the Consolidated Fund of India.

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•MEMORANDUM REGARDING DELEGATED LEGISLATION

SECTION Section 133

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•Clause 30 of the Immigration and Foreigners Bill, 2025 seeks to empower the

•Central Government to make rules, by notification, for carrying out the purposes of

•the proposed legislation, to make rules for— (a) such other functions to be carried

•out by Immigration Officer under item (h) of clause 2; (b) the conditions subject to

•which the other travel document issued under item (m) of clause 2; (c) the conditions

•subject to which the passport issued under item ( n) of clause 2; ( d) the authority

•authorised to grant visa under item ( t) of clause 2; ( e) such other functions to be

•performed by the Bureau of Immigration under sub -clause (1) of clause 5; ( f) the

•manner of appointment of officers of the Bureau of Immigration under

•sub-clause (2) of clause 5; ( g) the other functions which shall vest in the officer

•appointed by the Central Government as Commissioner of Bureau of Immigratio n

•under sub-clause (3) of clause 5; (h) the conditions and the manner subject to which

•the foreigners on arrival in India shall be required to register with the Registration

•Officer under clause 6; (i) the manner of submission of the details of foreigners to

•the Registration Officer by the keeper of accommodation under clause 8; ( j) the

•manner of submission of the details of foreigners to the Registration Officer by the

•Universities and Educational Institutions under clause 9; ( k) the manner of

•submission of the details of foreigners to the Registration Officer by the hospitals,

•nursing homes and other medical institutions under clause 10; (l) the authority and

•the manner for change of name of a foreigner subject to a specific permission under

•sub-clauses (1) and ( 2) of clause 12; ( m) the restriction on the dispatch of such

SECTION Section 134

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•articles to or for a foreigner under sub -clause (3) of clause 13; ( n) the conditions

•subject to which the civil authority may exercise the power to control places

•frequented by foreigners under clause 14; ( o) the form, manner and timeline of

•furnishing of particulars of persons and other information by carrier under

•sub-clause (1) of clause 17; (p) the appellate authority, form, manner and the fee to

•be accompanied for filing a n appeal under sub -clause ( 4) of clause 17; ( q) the

•information to be required by District Magistrate or any Commissioner of Police

•from the carrier under sub -clause (7) of clause 17; (r) the form, manner and such

•particulars to be submitted by the carrie r to the Immigration Officer under

•sub-clause (12) of clause 17; (s) the appellate authority, form, manner and the fee to

•be accompanied for filing an appeal under sub-clause (2) of clause 19; (t) any matter

•which is to be or may be prescribed or in respect of which provision is to be made

•by rules.

SECTION Section 135

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2.The matters in respect of which rules may be made under the aforesaid

•provisions are matters of procedures and administrative details and it is not

•practicable to provide them in the Bi ll itself. The delegation of legislative powers

•is, therefore, of a normal character.

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•LOK SABHA

•————

•A

•BILL

•to confer upon the Central Government certain powers to provide for requirement

•of passports or other travel documents in respect of persons entering into

•and exiting from India and for regulating matters related to foreigners

•including requirement of v isa and registration and for matters connected

•therewith or incidental thereto.

•————

•(Shri Amit Shah, Minister of Home Affairs and Cooperation)

SECTION Section 14

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9.Obligation of Universities and Educational Institutions.

SECTION Section 15

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10.Obligation of hospital, nursing home or any other medical institution.

SECTION Section 16

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11.Visit to Protected or Restricted area or prohibited places.

SECTION Section 17

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12.Change of name of foreigner in India.

SECTION Section 18

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13.Foreigners whose movements are restricted.

SECTION Section 19

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14.Power to control places frequented by foreigners.

SECTION Section 2

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•CHAPTER I

•PRELIMINARY

SECTION Section 20

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15.Foreigner who is national of more than one foreign country.

SECTION Section 21

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16.Burden of proof.

SECTION Section 22

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•CHAPTER IV

•LIABILITY OF CARRIERS

SECTION Section 23

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17.Obligation of carriers and like.

SECTION Section 24

Untitled Section

•CHAPTER V

•OFFENCES, PENALTIES AND APPEAL

SECTION Section 25

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18.Liability of carrier to pay penalty.

SECTION Section 26

Untitled Section

19.Liability of carriers for passengers brought into India.

SECTION Section 27

Untitled Section

20.Contravention or attempts to contravene provisions of Act.

SECTION Section 28

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21.Penalty for entry without valid passport or other travel document.

•(ii)

SECTION Section 30

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22.Penalty for using or supplying forged or fraudulently obtained passport or

•other travel document and visa.

SECTION Section 31

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23.Penalty for contraventions of other provisions of this Act.

SECTION Section 32

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24.Penalty for abetment.

SECTION Section 33

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25.Compounding of certain offences.

SECTION Section 34

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26.Power to arrest.

SECTION Section 35

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•CHAPTER VI

•MISCELLANEOUS

SECTION Section 36

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27.Power to give effect to orders, directions, and like.

SECTION Section 37

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28.Power to delegate authority.

SECTION Section 38

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29.Power of removal.

SECTION Section 39

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30.Power to make rules.

SECTION Section 4

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1.Short title and commencement.

SECTION Section 40

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31.Rules to be laid before Parliament.

SECTION Section 41

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32.Protection of action taken in good faith.

SECTION Section 42

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33.Power to exempt in certain cases.

SECTION Section 43

Untitled Section

34.Application of other laws not barred.

SECTION Section 44

Untitled Section

35.Power to remove difficulties.

SECTION Section 45

Untitled Section

36.Repeal and saving.

•5

•AS INTRODUCED IN LOK SABHA

•Bill No. 22 of 2025

•THE IMMIGRATION AND FOREIGNERS BILL, 2025

•A

•BILL

•to confer upon the Central Government certain powers to provide for requirement

•of passports or other travel documents in respect of persons entering into

•and exiting from India and for regulating matters related to foreigners

•including requirement of visa and registration and for matters connected

•therewith or incidental thereto.

•BE it enacted by Parliament in the Seventy-sixth Year of the Republic of India

•as follows:—

SECTION Section 46

Untitled Section

•CHAPTER I

•PRELIMINARY

SECTION Section 47

Untitled Section

1.(1) This Act may be called the Immigration and Foreigners Act, 2025.

(2)It shall come into force on such date as the Central Government may, by

•notification in the Official Gazette, appoint.

•Short title and

commencement.

•2

Definitions.2. In this Act, unless the context otherwise requires,––

(a)“accommodation” means a temporary or permanent premises of any

•nature, where a foreigner is accommodated;

(b)“carrier” means a person or entity, including any association of

•persons or company, w hether incorporated or not, who is engaged in the

•business of transporting passengers or cargo by air, water or land by aircraft

•or ship or any other mode of transport;

(c)“civil authority” means such authority as may be appointed by the

•Central Government in this behalf for such area as it thinks fit;

(d)“entry” means entry by air, water or land;

(e)“exit” means exit by air, water or land;

(f)“foreigner” means a person who is not a citizen of India;

(g)“immigration function” means any one of the functions relating to—

(i)the visa issuance and regulation of entry into;

•(ii) transit through;

•(iii) stay in; or

•(iv) movement within and exit from,

•India, under the provisions of this Act or rules or orders or directions made

•thereunder;

(h)“Immigration Officer” means any officer authorised by the Central

•Government to carry out immigration functions or such other functions as may

•be prescribed and includes the Chief Immigration Officer;

(i)“immigration post” means the point of entry into and exit from India

•for the purpose of immigration functions as may be notified by the Central

•Government;

(j)“keeper of accommodation” means the person in charge of the

•management of an accommodation and includes any person authorised by him

•to perform the duties of the keeper of the accommodation;

(k)“notification” means a notification published in the Official Gazette

•and the expressions “notify” and “notified” shall be construed accordingly;

(l)“order” means the instructions issued under any of the pro visions of

•this Act or the rules made thereunder;

(m)“other travel document” means the Emergency Certificate or

•Certificate of Identity or such other travel document which has been issued by

•or under the authority of the Central Government or Government of a foreign

•country or any other organisation as may be recognised for this purpose by the

•Central Government, subject to such conditions as may be prescribed;

(n)“passport” means a passport issued or deemed to have been issued

•under the provisions of the Passport Act, 1967 and includes a passport which

•have been issued by or under the authority of the Government of a foreign

•country subject to such conditions as may be prescribed;

(o)“prescribed” means prescribed by rules made under this Act;

(p)“Prohibited place” means any place as the Central Government may,

•by order, specify in this behalf;

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•15 of 1967.

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•15 of 1967.

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(q)“Protected area” means any area contiguous with India’s

•international border or any other area , as the Central Government may, by

•order, specify in this behalf;

(r)“Registration Officer” means a Registration Officer authorised by the

•Central Government in this behalf for such area as it thinks fit and includes

•such officer authorised by him with th e approval of the Central Government

•to perform the duties of the Registration Officer on his behalf;

(s)“Restricted area” means any area within India and outside the

•protected area, as the Central Government may, by order, specify in this

•behalf;

(t)“visa” means an authorisation by such authority as may be prescribed

•in this behalf, permitting a foreigner to enter into or transit through or stay in

•or exit from the territory of India.

SECTION Section 48

Untitled Section

•CHAPTER II

•MATTERS RELATED TO IMMIGRATION

SECTION Section 49

Untitled Section

3.( 1) No person proceeding from any place outside India shall enter, or

•attempt to enter, India by air, water or land unless he is in possession of a valid

•passport or other travel document, and in case of a foreigner, also a valid visa, and

•any foreigner while present in India shall also be required to possess valid passport

•or other valid travel document and valid visa, unless exempted under section 33 or

•through intergovernmental agreements:

•Provided that notwithstanding anything contained in this sub -section, no

•foreigner shall be allowed to enter into or stay in India, if he is found inadmissible

•to do so on account of threat to national security, sovereignty and integrity of India,

•relations with a foreign State or public health or on such other grounds as the Central

•Government may, specify in this behalf:

•Provided further that the decision of the Immigration Officer in this regard

•shall be final and binding.

(2)Notwithstanding anything contained in section 3 of the Passports

•Act, 1967, no person shall d epart or attempt to depart from India by air, water or

•land unless he is in possession of a valid passport or other travel document and in

•case of a foreigner, also a valid visa:

•Provided that notwithstanding anything contained in this sub -section, no

•person shall be allowed to depart or exit from India, if his presence is required in

•India by any authorised agency or on such grounds as the Central Government may,

•by order, specify in this behalf:

•Provided further that the decision of the Immigration Office r in this regard

•shall be final and binding.

(3)The Immigration Officer may examine the passport or other travel

•document and visa of a foreigner during his entry into, transit through, stay in,

•movement within India and also require him to furnish such information as may be

•necessary and appropriate.

(4)The Immigration Officer may seize a passport or other travel document of

•any person which has been declared as lost or stolen or considered as damaged or

•forged or fraudulently obtained or on the direction of the passport issuing authority

•or courts.

(5)The overall supervision, direction and control on visa and related matters

•shall vest in and be exercised by the Central Government.

•Requirement of

•passport or other

•travel document

•and visa.

•4

•Immigration

•posts for entry or

exit.

•Bureau of

Immigration.

•Registration of

foreigners.

•Power to issue

•orders,

•directions or

instructions.

4.(1) The Central Government may notify the designated immigration posts

•for entry into or exit from India at such places as may be specified.

(2)A designated immigration post for entry into or exit from India shall be

•manned by an Immigration Officer or such other officers as may be specified by the

•Bureau of Immigration constituted under section 5.

SECTION Section 5

Untitled Section

2.Definitions.

SECTION Section 50

Untitled Section

5.(1) There shall be constituted a Bureau called the Bureau of Immigration

•for performing the immigration functions and such other functions as may be

prescribed.

(2)The Bureau of Immigration referre d to in sub -section (1) shall consist of

•such number of officers appointed by the Central Government in such manner as

•may be prescribed.

(3)The general supervision, directions and control of the Bureau of

•Immigration, shall vest in and be exercised by the Central Government and the

•overall supervision of the immigration functions and such other functions as may be

•prescribed, shall vest in the officer appointed by the Central Government as

•Commissioner of Bureau of Immigration.

(4)The Commissioner, Bureau of Immigration shall, in discharge of his duties

•under this Act, be assisted by the Foreigners Regional Registration Officers,

•Foreigners Registration Officers, Chief Immigration Officers and such Immigration

•Officers as may be authorised by the Central Government in this behalf.

SECTION Section 51

Untitled Section

•CHAPTER III

•MATTERS RELATED TO FOREIGNERS

SECTION Section 52

Untitled Section

6.The foreigners on arrival in India shall be required to register with the

•Registration Officer concerned, subject to such conditions and in such manner as

•may be prescribed.

SECTION Section 53

Untitled Section

7.(1) The Central Government may, by an order or direction or instruction,

•make provisions, either generally or with respect to all foreigners or with respect to

•any particular foreigner or any specified class or description of foreigner, for

•prohibiting, regulating or restricting the entry of foreigners into 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, the orders or directions or instructions issued under this section may provide

•that the foreigner—

(a)shall not enter India, or shall enter India only at such times and by

•such route and at such port or place and subject to the observance of such

•conditions on arrival as may be specified;

(b)shall not depart from India, or shall depart only at such times and by

•such route and from such port or place and subject to the observance of such

•conditions on departure as may be specified;

(c)shall not remain in India or in any specified area therein;

(d)shall, if he has been required by order or direction or instruction

•under this section not to remain in India, meet from any resources at his

•disposal the cost of his removal from India and of his maintenance therein

•pending such removal;

(e)shall remove himself to, and remain in, such area in India as may be

•specified;

(f)shall comply with such conditions as may be specified—

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(i)requiring him to present himself for examination, for such

•information in such manner, at such time, as may be required;

•(ii) requiring him to reside in a particular place;

•(iii) imposing any restrictions on his movements;

•(iv) requiring him to furnish such proof of his identity and to report

•such particulars to such authority in such manner and at such time and

•place as may be specified;

(v)requiring him to allow his photograph and biometric information,

•as may be specified, to be taken and to furnish specimens of his

•handwriting and signature to such authority and at such time and place

•as may be specified;

•(vi) requiring him to submit himself to such medical examina tion

•by such authority and at such time and place as may be specified;

•(vii) prohibiting him from association with persons of a specified

•description;

•(viii) prohibiting him from engaging in activities of a specified

•description;

•(ix) prohibiting him from using or possessing specified articles;

(x)regulating his conduct in any such particular as may be

specified.

(3)In addition to the foregoing, the Central Government may make provision

•for any matter which is to be or may be specifie d and for such incidental and

•supplementary matters as may be expedient or necessary for giving effect to

•this Act.

(4)Any authority specified in this behalf may, with respect to any particular

•foreigner, issue order or direction or instruction under clause (f) of sub-section (2).

SECTION Section 54

Untitled Section

8.(1) It shall be the duty of the keeper of accommodation to submit to the

•Registration Officer such information in respect of foreigners accommodated in

•such accommodation and in such manner as may be prescribed:

•Provided that subject to provisions of sub -section ( 3), provisions of this

•sub-section shall not be applicable to residential premises of non -commercial

nature.

(2)Every foreigner accommodated in such accommodation shall furnish to the

•keeper of accommodation thereof such particulars as may be required by him.

(3)If in any area as may be specified in this behalf, the civil authority so

•directs, it shall be the duty of every person occupying or having under his control

•any residential premises to submit to the Registration Officer in such manner such

•information in respect of foreigner accommodated in such premises as may be

specified.

SECTION Section 55

Untitled Section

9.Every University and Educational Institution or any other institution

•admitting any foreigner shall furnish informati on to the Registration Officer in

•respect of such foreigner in such manner as may be prescribed.

SECTION Section 56

Untitled Section

10.Every hospital, nursing home or any other such medical institution

•providing medical, lodging or sleeping facility in their premises shall furnish

•information in respect of any foreigner taking indoor medical treatment or their

•attendant for whom such lodging or sleeping facility has been provided to the

•Registration Officer in such manner as may be prescribed.

•Obligation of

•keeper of

•accommodation

•and others to

•furnish

particulars.

•Obligation of

•Universities and

•Educational

Institutions.

•Obligation of

•hospital, nursing

•home or any

•other medical

institution.

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•Visit to

•Protected or

•Restricted area

•or Prohibited

places.

•Change of name

•of foreigner in

India.

•Foreigners

•whose

•movements are

restricted.

•Power to control

•places

•frequented by

foreigners.

11.No foreigner shall enter or stay in Protected area or Restricted area or

•Prohibited place without a special permit or permission granted by such authority

•as may be specified by an order published in the Official Gazette in this behalf and

•subject to such conditions as specified therein.

SECTION Section 57

Untitled Section

12.(1) No foreigner who was in India on the date on which this Act came into

•force shall, while in India after that date, assume or use or purport to assume or use

•for any purpose, any name other than that by which he was ordinarily known

•immediately before the said date, except where a specific permission for change of

•name has been granted by such authority in such manner as may be prescribed.

(2)No foreigner who has entered into India after the date on which this Act

•came into force shall, while in India after the date of his entry, assume or use or

•purport to assume or use for any purpose, any name other than that by which he was

•ordinarily known immediately before the said date of entry, except where a specific

•permission for change of name has bee n granted by such authority as may be

prescribed.

(3)For the purpose of this section—

(a)the expression “name” includes a surname; and

(b)a name shall be deemed to be changed if the spelling thereof is altered.

(4)Nothing contained in this section shall apply to the assumption or use by

•any married woman, of her husband’s name.

SECTION Section 58

Untitled Section

13.( 1) Any foreigner in respect of whom there is in force an order under

SECTION Section 59

Untitled Section

•clause (f) of sub-section (2) of section 7 requiring him to reside at a place set apart

•for the residence under supervision, for a number of foreigners, shall, while residing

•therein, be subject to such conditions as to maintenance, discipline and the

•punishment of offences and breaches of discipline as the Central Government may

•from time to time by order determine.

(2)No person shall—

(a)knowingly assist such a foreigner to escape from custody or the place

•set apart for his residence, or knowingly harbour any such foreigner; or

(b)give such a foreigner any assistance with intent thereby to prevent,

•hinder or interfere with the apprehension of such a foreigner.

(3)The Central Government may, by order, provide for regulating access to,

•and the conduct of persons in, places in India where such a foreigner whose

•movements are restricted is lodged, and for prohibiting or regulating the dispatch or

•conveyance from outside such places to or for such a foreigner therein of such

SECTION Section 6

Untitled Section

•CHAPTER II

•MATTERS RELATED TO IMMIGRATION

SECTION Section 60

Untitled Section

•articles as may be prescribed.

SECTION Section 61

Untitled Section

14.( 1) The civil authority may, subject to such conditions as may be

•prescribed, direct the owner or keeper having control of any premises frequented by

•any foreigner—

(a)to close such premises either entirely or during specified periods;

(b)to use or permit the use of such premises only under such conditions

•as may be specified; or

(c)to refuse admission to such premises either to all foreigners or to any

•specified foreigner or class of foreigners.

(2)A person to whom any direction has been given under sub-section (1) shall

•not, while such direction remains in force, use or permit to be used any other

•premises for any of the aforesaid purposes, except with the previous permission in

•writing of the civil authority and in accordance with any conditions which that

•authority may think fit to impose.

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(3)Any person to whom any direction has been given under sub-section (1) and who

•is aggrieved thereby may, within thirty days from the date of such direction, appeal to the

•Central Government, and the decision of the Central Government in the matter shall be final.

SECTION Section 62

Untitled Section

15.When a foreigner, while in India with a valid passport or other travel

•document and valid visa, is recognised as a national by the law of more than one

•foreign country, the civil authority or Immigration Officer may, after due

•verification of all available documents and inquiry, treat that foreigner as the

•national of the co untry on whose passport or travel document he had entered into

•India or with which he appears to be most closely connected for the time being and

•the decision of civil authority or Immigration Officer in this regard shall be final:

•Provided that the Centra l Government, either of its own motion or on an

•application by the foreigner concerned, may revise any such decision.

SECTION Section 63

Untitled Section

16.If in any case, not falling under section 15, any question arises with

•reference to this Act or any rule or order made or direction gi ven thereunder,

•whether any person 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 or description, as the case may be, shall, notwithstand ing anything

•contained in the Bharatiya Sakshya Adhiniyam, 2023, lie upon such person.

SECTION Section 64

Untitled Section

•CHAPTER IV

•LIABILITY OF CARRIERS

SECTION Section 65

Untitled Section

17.(1) The carrier landing or embarking at a port or place in India shall furnish

•to a civil authority or Immigration Officer—

(i)the passenger and crew manifest;

•(ii) the advance passenger information data of passengers and crew on

•board of such aircraft, vessel or other mode of transport, as the case may be; and

•(iii) the passenger name record information of passengers arriving or

•departing,

•in such form, containing such particulars, in such manner and within such time, as

•may be prescribed.

(2)For the purposes of sub-section (1), the expression “passenger name record

•information” means the records prepared by an operator of any aircraft or vessel or

•other mode of transport or his authorised agent for each journey booked by or on

•behalf of any passenger.

(3)Where the information referred to in sub-section (1) is not furnished to civil

•authority or Immigration Officer within the prescribed time and manner or false information

•is furnished and if civil authority or Immigration Officer is satisfied that there was no

•sufficient cause for such delay in furnishing the information or in the manner prescribed, the

•carrier shall be liable to such penalty specified in section 18 for each such information:

•Provided that no penalty shall be imposed without giving the carrier an

•opportunity of being heard in the matter.

(4)Any person aggrieved by the penalty imposed under sub-section (3), may

•prefer an appeal to such authority in such form, manner and accompanied by such

•fee as may be prescribed.

(5)Every such appeal shall be preferred within a period of thirty days from

•the date of the order appealed against:

•Provided that the appellate autho rity may, if it is satisfied that the appellant

•was prevented by sufficient cause from preferring the appeal within the said period

•of thirty days, permit the appellant to prefer the appeal within a further period not

•exceeding thirty days.

•Foreigner who is

•national of more

•than one foreign

country.

•Burden of proof.

•Obligation of

•carriers and like.

•8

•Liability of

•carrier to pay

penalty.

•Liability of

•carriers for

•passengers

•brought into

India.

(6)On receipt of any such appeal, the appellate authority shall, after giving

•the parties an opportunity of being heard and after making such inquiry as it deems

•proper, make such order, as it may think fit, confirming, modifying or reversing the

•order appealed against.

(7)Any District Magistrate or any Commissioner of Police or, where there is

•no Commissioner of Police, any Superintendent of Police or the civil authority or

•Immigration Officer may, for any pur pose connected with the enforcement of this

•Act or any rule or any order made thereunder, require the carrier to furnish such

•information as may be prescribed in respect of passengers or members of the crew

•on such aircraft, vessel or other mode of transport, as the case may be.

(8)Any passenger on such carrier and any member of the crew of such carrier

•shall furnish to the carrier, any information required by him for the purpose of

•furnishing the information referred to in sub -section ( 1) or for furnishi ng the

•information required under sub-section (4).

(9)If any foreigner whose entry has been refused, such foreigner shall be

•handed over to the carrier by the Immigration Officer and it shall be the

•responsibility of that carrier to ensure his removal from India without delay.

(10)If any foreigner enters into India in contravention of any provisions of

•this Act or any rule or order made thereunder, the civil authority or Immigration

•Officer may, within two months from the date of such entry, direct the ca rrier on

•which such entry was effected to provide accommodation, otherwise than at the

•expense of Central Government, on such aircraft or a vessel or any other mode of

•transport for the purpose of removing the said foreigner from India.

(11)The carrier which is about to carry passengers from a port or place in India

•to any destination outside India, if so directed by the Central Government and on

•tender of payment therefor at the current rates, shall provide on the aircraft or vessel

•or any other mode of transport, accommodation to such port or place outside India,

•being a port or place at which the aircraft or vessel or any other mode of transport is

•due to call, as the Central Government may specify, for any foreigner ordered under

SECTION Section 66

Untitled Section

•section 7 not to remain in India and for his dependents, if any, travelling with him.

(12)The carrier shall not cause or permit the aircraft or vessel or any other

•mode of transport to depart from a port or place in India until a clearance has been

•obtained from the Immigration Officer on submission of general declaration in such

•form, manner and with such particulars, as may be prescribed.

(13)For the purposes of this section,—

(a)“carrier” shall also include pilot of aircraft, master of vessel, or

•company represent ative or station manager or operator of such aircraft or

•vessel or any other mode of transport or any person authorised by such carrier

•to discharge on his behalf any of the duties imposed on him by this section;

(b)“passenger” means any person not being a bona fide member of the

•crew, travelling or seeking to travel on an aircraft or a vessel or any other mode

•of transport.

SECTION Section 67

Untitled Section

•CHAPTER V

•OFFENCES, PENALTIES AND APPEAL

SECTION Section 68

Untitled Section

18.The carrier, for contravention of the provisions of section 17, shall be liable

•to a penalty which may extend to fifty thousand rupees.

SECTION Section 69

Untitled Section

19.(1) Where the civil authority or Immigration Officer is of the opinion that

•any carrier has brought a person, in contravention of the provisions of section 3 and

•rules or orders made thereunder, into India, he may, by order impose a penalty which

•shall not be less than two lakh rupees, but may extend to five lakh rupees, on such

•carrier:

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•Provided that no order shall be passed without giving the carrier an

•opportunity of being heard in the matter.

(2)Any person aggrieved by an order made under sub-section (1), may prefer

•an appeal to such authority in such form, manner and accompanied by such fee as

•may be prescribed.

(3)Every such appeal shall be preferred within a period of thirty da ys from

•the date of the order appealed against:

•Provided that the appellate authority may, if it is satisfied that the appellant

•was prevented by sufficient cause from preferring the appeal within the said period

•of thirty days, permit the appellant to pre fer the appeal within a further period of

•thirty days.

(4)On receipt of any such appeal, the appellate authority shall, after giving

•the parties a reasonable opportunity of being heard and after making such inquiry as

•it deems proper, make such order, as it may think fit, confirming, modifying or

•reversing the order appealed against.

(5)Where any penalty imposed under this section is not paid, the civil

•authority or Immigration Officer may recover the penalty so payable by—

(a)seizing or detaining the ai rcraft or the ship or any other mode of

•transport of the carrier;

(b)seizing, detaining or selling any goods or properties belonging to the

•carrier; or

(c)such other means as may be notified.

SECTION Section 7

Untitled Section

3.Requirement of passport or other travel document and visa.

SECTION Section 70

Untitled Section

20.(1) Any person who contravenes or attempts to contravene, or abets or

•attempts to abet, or does any act preparatory to a contravention of, any of the

•provisions of this Act or of any rule or order made or direction given thereunder, or

•fails to comply with any direction given in pursuance of any such order, shall be

•deemed to have contravened the provisions of this Act.

(2)Any person who, knowing or having reasonable cause to believe that any

•other person has contravened the provisions of this Act or of any rule or order made

•or direction given thereu nder, gives that other person any assistance with intent

•thereby to prevent, hinder or otherwise interfere with his arrest, trial or punishment

•for the said contravention shall be deemed to have abetted that contravention.

(3)The carrier, by means of whic h any foreigner enters or leaves India in

•contravention of this Act or any rule or order made thereunder, or direction given in

•pursuance of section 7 shall, unless he proves that he exercised all due diligence to

•prevent the said contravention, be deemed to have contravened this Act.

SECTION Section 71

Untitled Section

21.Any foreigner who enters into any area in India without a valid passport or other

•travel document, including visa required for such entry in contravention of provisions of

SECTION Section 72

Untitled Section

•section 3 of this Act or of any rule or order made thereunder or any direction given in

•pursuance thereof, shall be punishable with an imprisonment for a term which may extend

•to five years or with fine which may extend to five lakh rupees or with both.

SECTION Section 73

Untitled Section

22.Whoever knowingly uses or supplies a forged or fraudulently obtained

•passport or other travel document or visa for entering into India or staying in or

•exiting from India, shall be punishable with an imprisonment for a term which shall

•not be less than two years, but may extend to seven years and shall also be liable to

•fine which shall not be less than one lakh rupees, but may extend to ten lakh rupees:

•Provided that any attempt for above mentioned use of forged or fraudulently

•obtained passport or any other travel document or visa found for such entry or exit

•from India shall also be treated as an offence under this section.

•Contravention or

•attempts to

•contravene

•provisions of

Act.

•Penalty for entry

•without valid

•passport or other

•travel document.

•Penalty for

•using or

•supplying

•forged or

•fraudulently

•obtained

•passport or

•other travel

•document and

visa.

•10

•Penalty for

•contraventions

•of other

•provisions of

•this Act.

•Penalty for

abetment.

•Compounding of

•certain offences.

23.Whoever,—

(a)being a foreigner, remains in any area in India for a period exceeding

•the period for which the visa was issued to him or stays in India without a

•valid passport or other valid travel document in contravention of provisions of

SECTION Section 74

Untitled Section

•section 3 or does any act in violation of the conditions of the valid visa issued

•to him for his entry and stay in India or any part thereunder;

(b)contravenes any other provisions of this Act, other than sections 17

•and 19, or of any rule or order made thereunder or any direction or instruction

•given in pursuance of this Act or such order or direction or instruction for

•which, no specific punishment is provided under this Act,

•shall be punishable with an imprisonment for a term which may extend t o three

•years or with a fine which may extend to three lakh rupees or with both.

SECTION Section 75

Untitled Section

24.(1) Whoever abets any offence punishable under sections 21 or 22 or 23

•shall, if the act abetted is committed in consequence of the abetment, be punishable

•with the same punishment as provided for those offences.

(2)For the purposes of this section,—

(i)an act or offence is said to be committed in consequence of the

•abetment, when it is committed in consequence of the instigation, or in

•pursuance of the conspiracy, or with the aid which constitutes the offence;

•(ii) the expression “abetment” shall have the same meaning as assigned

•to it under section 45 of the Bharatiya Nyaya Sanhita, 2023.

SECTION Section 76

Untitled Section

25.(1) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha

•Sanhita, 2023, any offence punishable under sections 21, 23 or section 24 whether

•committed by an individual or a company or an organi sation or any officer or

•employee or a representative thereof, may, either before the institution of

•prosecution or during trial, be compounded by such officers or authorities and for

•such sums as the Central Government may, by notification, specify in this behalf:

•Provided that the sum so specified shall not, in any case, exceed the maximum

•amount of the fine which may be imposed under sections 21 or 23 for the offence

•so compounded.

(2)Nothing contained in sub-section (1) shall apply to an offence committed,

•by an individual or a company or an organisation or any officer or employee or

•representative thereof within a period of three years from the date on which a similar

•offence committed by it or him was compounded under this section.

(3)Every officer or authority referred to in sub -section (1) shall exercise the

•powers to compound an offence, subject to the directions, control and supervision

•of the Central Government.

(4)Where any offence is compounded before the institution of any prosecution

•or before commencement of trial, no prosecution shall be instituted in relation to such

•offence, against the offender in relation to whom the offence is so compounded.

(5)Where the compounding of an offence is made after the institution of

•prosecution or during trial, such compounding shall be brought by the authority

•specified for such compounding in writing, to the notice of the court in which the

•prosecution or trial is pending and on such notice of the compounding of offences

•being given, the individual or the company or the organisation or any officer or

•employee in relation to whom the offence is so compounded shall be discharged.

(6)For the purposes of this section, any second or subsequent offence

•committed after the expiry of a period of three years from the date on which the

•offence was previously compounded, shall be deemed to be a first offence.

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SECTION Section 77

Untitled Section

26.Any officer of police, not below the rank of a Head Constable may arrest

•without warrant any person who has contravened or against whom a reasonable

•suspicion exists that he has contravened section 3 or any rule or order made thereof

•and the provisions of section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023

•shall, so far as may be, apply in the case of any such arrest.

SECTION Section 78

Untitled Section

•CHAPTER VI

•MISCELLANEOUS

SECTION Section 79

Untitled Section

27.(1) Any authority empowered by or under or in pursuance of the provisions

•of this Act or rule or order made thereunder to give any direction or to exercise any

•other power may, in addition to any other action expressly provided for in this Act,

•take or cause to be taken such steps and use, or cause to be used, such force as may,

•in its opinion, be reasonably necessary for securing compliance with such direction

•or for preventing or rectifying any breach thereof, or for the effective exercise of

•such power, as the case may be.

(2)Any police officer, not below the rank of Head Constable, may take such

•steps and use such force as may, in his opinion, be reasonably necessary for securing

•compliance with any rule or order made or direction given under or in pursuance of

•the provisions of this Act or for preventing or rectifying any breach of such rule or

•order or direction.

(3)The power conferred by this section shall be deemed to confer upon any

•person acting in exercise thereof a right of access to any land or other property

whatsoever.

SECTION Section 8

Untitled Section

4.Immigration posts for entry or exit.

SECTION Section 80

Untitled Section

28.The Central Government may, by notification, direct that any power or

•functions which may be exercised or performed by it under this Act or by any rule

•or order made thereunder, subject to such conditions, if any, as it may specify in

•such notification, be exercised or performed––

(a)by such officer or authority subordinate to the Central Government;

(b)by any State Government or by any officer or authority subordinate

•to such Government or any officer or authority authorised by such

Government.

SECTION Section 81

Untitled Section

29.The Central Government may, by general or special order, direct the

•removal of a foreigner from India for contravention of any of the provisions of this

•Act or any rule or order made thereunder or an adverse security report, and

•thereupon any officer of the Government shall have all reasonable powers necessary

•to enforce such directions.

SECTION Section 82

Untitled Section

30.(1) The Central Government may, by notification, make rules for carrying

•out the purposes of this Act.

(2)In particular, and without prejudice to the generality of the foregoing

•power, such rules may provide for all or any of the following matters, namely:––

(a)such other functions to be carried out by Immigration Officer

•under clause (h) of section 2;

(b)the conditions subject to which the other travel document issued

•under clause (m) of section 2;

(c)the conditions subject to which the passport issued under clause ( n)

•of section 2;

(d)the authority authorised to grant visa under clause (t) of section 2;

(e)such other functions to be performed by the Bureau of Immigration

•under sub-section (1) of section 5;

•Power to arrest.

•Power to give

•effect to orders,

•directions, and

like.

•Power to

•delegate

authority.

•Power of

removal.

•Power to make

rules.

•12

•Rules to be laid

•before

Parliament.

•Protection of

•action taken in

•good faith.

•Power to

•exempt in

•certain cases.

(f)the manner of appointment of officers of the Bureau of Immigration

•under sub-section (2) of section 5;

(g)the other functions which shall vest in the officers appointed by the

•Central Government as Commissioners of the Bureau of Immigration under

•sub-section (3) of section 5;

(h)the conditions and the manner subject to which the foreigners on arrival

•in India shall be required to register with the Registration Officer under section 6;

(i)the manner of submission of the information of foreigners to the

•Registration Officer by the keeper of accommodation under section 8;

(j)the manner of submission of the information of foreigners to the

•Registration Officer by the Universities and Educational Institutions under

SECTION Section 83

Untitled Section

•section 9;

(k)the manner of submission of the information of foreigners to the

•Registration Officer by the hospitals, nursing homes and other medical

•institutions under section 10;

(l)the authority and the manner for change of name of a foreigner subject

•to a specific permission under sub-sections (1) and (2) of section 12;

(m)the restriction of the dispatch of such articles to or for a foreigner

•under sub-section (3) of section 13;

(n)the conditions subject to which the civil authority may exercise the

•power to control places frequented by foreigners under section 14;

(o)the form, particulars, the manner and the time within which the

•information to be furnished by carrier to the civil authority or Immigration

•Officer under sub-section (1) of section 17;

(p)the appellate authority, form, manner and the fee to be accompanied

•for filing an appeal under sub-section (4) of section 17;

(q)the information to be required by District Magistrate or any

•Commissioner of Police from the carrier under sub-section (7) of section 17;

(r)the form, manner and such particulars to be submitted by the carrier

•to the Immigration Officer under sub-section (12) of section 17;

(s)the appellate authority, form, manner and the fee to be accompanied

•for filing an appeal under sub-section (2) of section 19;

(t)any matter which is to be or may be prescribed or in respect of which

•provision is to be made by rules.

SECTION Section 84

Untitled Section

31.Every rule made under this Act 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

•thereafter 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 under that rule.

SECTION Section 85

Untitled Section

32.No suit or any other proceeding shall lie against any person for anything done,

•or intended to be done in good faith under this Act or any rule or order made thereunder.

SECTION Section 86

Untitled Section

33.( 1) The Central Government may, by order published in the Official

•Gazette, declare that all or any of the provisions of this Act or of any rule or order

•made thereunder shall not apply, or shall apply only in such circumstances or with

•such exceptions or modifications or subject to such conditions as may be specified

•in such order, to or in relation to—

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(a)the citizens or class of citizens of any such country as may be so

•specified; or

•34 of 1920.

•16 of 1939.

•31 of 1946.

•52 of 2000.

•10 of 1897.

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(b)any other individual foreigner or class or description of foreigner.

(2)The Central Government may, if it is of the opinion that it is necessary or

•expedient so to do in the public interest or to fulfil the international obligation, by

•order published in the Official Gazette and subject to such conditions as may be

•specified therein, exempt any carrier or class of carriers from the operations of all

•or any of the provisions of this Act and may, as often as may be necessary, revoke

•or modify such order.

(3)A copy of every order made under this section shall be laid, as soon as may

•be after it is made, before each House of Parliament.

SECTION Section 87

Untitled Section

34.The provisions of this Act shall be in addition to, and not in derogation of

•the provisions of any other law for the time being in force.

SECTION Section 88

Untitled Section

35.(1) If any difficulty arises in giving effect to the provisions of this Act, the

•Central Government may, by order published in the Official Gazette, make such

•provisions not inconsistent with the provisions of this Act as may appear to it to be

•necessary or expedient for removing the difficulty:

•Provided that no such order shall be made under this section after the expiry

•of a period of three years from the date of commencement of this Act.

(2)Every order made under this section shall be laid, as soon as may be after

•it is made, before each House of Parliament.

SECTION Section 89

Untitled Section

36.( 1) The Passport (Entry into India) Act, 1920, the Registration of

•Foreigners Act, 1939, the Foreigners Act, 1946 and the Immigration (Carriers’

•Liability) Act, 2000 (hereinafter referred to as repealed Acts) are hereby repealed.

(2)Notwithstanding such repeal, anything done or any action taken or

•purported to have been done or taken, including any rule s, order s, direction s,

•instructions, regulations or any proceedings made or issued or taken or given or any

•penalty or fine imposed un der the repealed Acts shall, in so far as it is not

•inconsistent with the provision of this Act, be deemed to have been done or taken

•under the corresponding provisions of this Act.

(3)The mention of the particular matters referred to in sub -section (2) shall

•not be held to prejudice or affect the general application of section 6 of the General

SECTION Section 9

Untitled Section

5.Bureau of Immigration.

SECTION Section 90

Untitled Section

•Clauses Act, 1897 with regard to the effect of repeal.

•Application of

•other laws not

barred.

•Power to remove

difficulties.

•Repeal and

saving.

•14

•STATEMENT OF OBJECTS AND REASONS

•The matters relating to foreigners and immigration are presently

•administered through the Foreigners Act, 1946 (31 of 1946) and the Immigration

•(Carriers ’ Liability) Act, 2000 (52 of 2000). The Foreigners Act, 1946 was

•enacted to confer u pon the Central Government certain powers in respect of

foreigners.The Immigration (Carriers’ Liability) Act, 2000 was enacted to make

•the carriers liable in respect of passengers brought by them into India in

•contravention of the provisions of the Passpo rt (Entry into India) Act, 1920 (34

•of 1920) and the rules made thereunder and matters connected therewith. The

•other relevant Acts relating to foreigners and immigration are the Passport

•(Entry into India) Act, 1920 and the Registration of Foreigners Act , 1939 (16 of

•1939). These two Acts were enacted with a view to take power to require

•passports of persons entering into India; and to provide for the registration of

•foreigners in India.

SECTION Section 91

Untitled Section

2.The Acts, namely the Passport (Entry into India) Act, 1920, the Registration

•of Foreigners Act, 1939 and the Foreigners Act, 1946 are not only of

•pre-Constitution period, but also, they were brought into extraordinary times of first

•and second world wars. While there is an underlying continuity and commonality

•of objectives among the four Acts, there are some overlapping provisions among

•the said Acts.

SECTION Section 92

Untitled Section

3.In view of the reasons mentioned in the preceding paragraphs, there is a

•necessity to repeal all the aforesaid four Acts and to enact a new co mprehensive

•legislation, namely the Immigration and Foreigners Bill, 2025. The proposed

•legislation is to be enacted with a view to confer upon the Central Government

•certain powers to provide for requirement of passports or other travel documents

•in respe ct of persons entering into and exiting from India and for regulating

•matters related to foreigners including requirement of visa and registration and for

•matters connected therewith or incidental thereto. The proposed legislation is

•being enacted to avoid multiplicity and overlapping of laws on the same or related

•subject and to comply with the Government of India’s policy of simplification of

laws.

SECTION Section 93

Untitled Section

4.The Immigration and Foreigners Bill, 2025, inter alia, provides for the

•following, namely:––

(i)the matters relating to immigration, namely the functions of

•Immigration Officer, the requirement of passport and visa and other matters;

•(ii) the matters relating to foreigners and their registration;

•(iii) the provisions relating to obligation of universities and educational

•institutions admitting any foreigner;

•(iv) the obligation of hospital, nursing home or any other medical

•institution admitting the foreigners;

(v)the provisions relating to foreigners whose movements are restricted;

•(vi) the power of civ il authority to control places frequented by

•foreigners;

•(vii) the provisions relating to liability of carriers and its obligations;

•(viii) the offences and punishment for contravention of certain

•provisions of the proposed legislation and composition of offences;

•14

•44

•15

•(ix) the power of Central Government to issue orders for removal of

•foreigners, to delegate and exempt; and

(x)to repeal the existing four Acts relating to foreigners and

immigration.

5.The Notes on clauses explain in detail the various provisions contained in

•the Bill.

SECTION Section 94

Untitled Section

6.The Bill seeks to achieve the above objectives.

•NEW DELHI; AMIT SHAH.

•The 4th February, 2025.

•16

•Notes on clauses

SECTION Section 95

Untitled Section

•Clause 1 of the Bill seeks to provide for short title and commencement of the

•proposed legislation.

SECTION Section 96

Untitled Section

•Clause 2 of the Bill seeks to provide for certain definitions.

SECTION Section 97

Untitled Section

•Clause 3 of the Bill relates to requirement of passport or other travel document

•and visa.

•This clause provides for the requirement of possession of a valid passport or

•other travel document by any person entering or attempting to enter into India and

•in case of a foreigner also a valid visa.

SECTION Section 98

Untitled Section

•Clause 4 of the Bill relates to Immigration Posts for entry or exit.

•This clause provides for specifying the designated Immigration Posts for entry

•into or exit from India by the Central Government at such places as may be notified.

SECTION Section 99

Untitled Section

•Clause 5 of the Bill relates to Bureau of Immigration.

•This clause provides for constitution of a Bureau called the Bureau of

•Immigration for performing immigration functions and such other functions as may

•be provided by rules.