The Foreigners Act, 1946 is an
Act of the
Imperial Legislative Assembly enacted to grant the certain powers to the
Interim Government of India
The Interim Government of India, also known as the Provisional Government of India, formed on 2 September 1946 from the newly elected Constituent Assembly of India, had the task of assisting the transition of British India to independence. It ...
in matters of
foreigners in
India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
. The Act was enacted before India became independent.
Provisions
The Act defines a foreigner as "a person who is not a citizen of India". Section 9 of the Act states that, where the nationality of a person is not evident as per preceding section 8, the onus of proving whether a person is a foreigner or not, shall lie upon such person. According to the Foreigners (Report to the police) Order, 2001, made under the Foreigners Act 1946, where any person who has reason to believe that a foreigner has entered India without valid documents or is staying in India beyond the authorized period of stay accommodates such a foreigner in a premises occupied, owned or controlled by him, for whatever purpose, it shall be the duty of such a person to inform the nearest police station, within 24 hours, of the presence of such foreigner.
[The Foreigners Act, 1946]
Indian Kanoon.
The Foreigners Act empowers the Indian government to detain a person until deportation back to their country of origin.
See also
*
Illegal immigration to India
*
Citizenship (Amendment) Act, 2019
The Citizenship (Amendment) Act, 2019 was passed by the Parliament of India on 11 December 2019. It amended the Citizenship Act, 1955 by providing a pathway to Indian citizenship for persecuted religious minorities from Afghanistan, Banglades ...
*
Indian nationality law
*
National Register of Citizens of India
The National Register of Citizens (NRC) is a register of all Indian citizens whose creation is mandated by the 2003 amendment of the Citizenship Act, 1955. Its purpose is to document all the legal citizens of India so that the illegal immigran ...
*
Illegal Migrants (Determination by Tribunal) Act, 1983
The Illegal Migrants (Determination by Tribunals) (IMDT) Act was an Act of the Parliament of India enacted in 1983 by the Indira Gandhi government. It was struck down by the Supreme Court of India in 2005 in ''Sarbananda Sonowal v. Union of I ...
*
Illegal immigration to India
References
Acts of the Imperial Legislative Council
1946 in law
Expatriates in India
1946 in India
Foreign relations of India
Indian nationality law
Legislation in British India
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