Chapter VI MISCELLANEOUS

1. (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. (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. (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.

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––

1. (a) by such officer or authority subordinate to the Central Government;
2. (b) by any State Government or by any officer or authority subordinate to such Government or any officer or authority authorised by such Government.

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.

1. (1) The Central Government may, by notification, make rules for carrying out the purposes of this Act.
2. (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;
   • (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 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.

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.

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.

1. (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—
   • (a) the citizens or class of citizens of any such country as may be so specified; or
   • (b) any other individual foreigner or class or description of foreigner.
2. (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. (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.

–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.

–(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.

1. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

–(1) The Passport (Entry into India) Act, 1920 (34 of 1920), the Registration of Foreigners Act, 1939 (16 of 1939), the Foreigners Act, 1946 (31 of 1946) and the Immigration (Carriers’ Liability) Act, 2000 (52 of 2000) (hereinafter referred to as repealed Acts) are hereby repealed.

1. (2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken, including any rules, orders, directions, instructions, regulations or any proceedings made or issued or taken or given or any penalty or fine imposed under 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.
2. (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 Clauses Act, 1897 (10 of 1897) with regard to the effect of repeal. 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 upon 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 Passport (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. 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. 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 comprehensive 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 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. 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. 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 civil 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;
   • (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. 6. The Bill seeks to achieve the above objectives. AMIT SHAH. NEW DELHI; The 4th February, 2025.