Chapter IV LIABILITY OF CARRIERS

General202537 sections5 chapters

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17. Obligation of carriers and like.

Statutory text

(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 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 prefer the appeal within a further period not exceeding thirty days.
(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 purpose 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 furnishing the information required under sub-section (7).
(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 carrier 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 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 representative 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.

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