Section 3 of THE REGISTRATION OF FOREIGNERS ACT, 1939
| 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)
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.
4.
Burden of proof.
4.Burden of proof.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
↩1.Subs. by Act 37 of 1949, s. 4, for "the Provinces"
----------------------------------------------------------------------
↩2.Ins. by Act 4 of 1986, S. 2 & Sch(w.e.f. 15-5-1956)
4A
such particular class or description, as the case may be, shall, not
withstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872 ) lie upon such person.
5.
Penalties.
Summary
- This section grants the Central Government the authority to create and publish rules regarding foreigners.
- It allows the government to require foreigners to report their presence, movements, and intended departures.
- Authorities can demand proof of identity from foreigners at any time under these rules.
- People managing lodgings must report foreign guests, and those controlling vessels or aircraft must provide passenger information.
- All rules created must be presented to both Houses of Parliament for thirty days, where they can be modified or cancelled.
Practical examples
FAQ
1. Who has the power to make rules under Section 3 of the Registration of Foreigners Act, 1939?
Section 3 of the Registration of Foreigners Act, 1939 grants the power to make rules to the Central Government.
2. According to Section 3 of the Registration of Foreigners Act, 1939, do hotel managers have any obligations?
Yes, under Section 3 of the Registration of Foreigners Act, 1939, rules can require anyone managing a hotel, boarding-house, or similar premises to report the name of any foreigner residing there.
3. What happens if Parliament disagrees with a rule made under Section 3 of the Registration of Foreigners Act, 1939?
Under Section 3 of the Registration of Foreigners Act, 1939, if both Houses of Parliament agree to modify or annul a rule during the thirty-day review period, the rule will only have effect in the modified form or will have no effect at all.
4. Can a foreigner be asked for identification under Section 3 of the Registration of Foreigners Act, 1939?
Yes, Section 3 of the Registration of Foreigners Act, 1939 allows for rules requiring a foreigner to produce proof of identity on demand by a prescribed authority.
Test yourself
Q1.Under Section 3 of the Registration of Foreigners Act, 1939, which body has the power to modify or annul the rules created by the Central Government?
Q2.What action must the Central Government take before making rules under Section 3 of the Registration of Foreigners Act, 1939?
Q3.According to Section 3 of the Registration of Foreigners Act, 1939, which of the following individuals can be required to furnish information about foreigners?
Q4.If a foreigner moves from Chennai to Delhi, what does Section 3 of the Registration of Foreigners Act, 1939 allow the government to require them to do?
Q5.Taking into account Section 2 and Section 3 of the Registration of Foreigners Act, 1939, who would be exempt from the requirement to report their departure date to an authority?