Repeal and saving.

–(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Act, 1946 (31 of 1946) and the Immigration (Carriers’ Liability) Act, 2000 (52 of 2000) (hereinafter referred to as repealed Acts) are hereby repealed.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instructions, regulations or any proceedings made or issued or taken or given or any penalty or fine imposed under the repealed Acts shall, in so far as it is not inconsistent with the provision of this Act, be deemed to have been done or taken under the corresponding provisions of this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.