The Foreigners Act, 1946
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The Foreigners Act, 1946 is an Act of the
Imperial Legislative Assembly The Central Legislative Assembly was the lower house of the Imperial Legislative Council, the legislature of British India. It was created by the Government of India Act 1919, implementing the Montagu–Chelmsford Reforms. It was also sometim ...
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 List of countries and dependencies by area, seventh-largest country by area, the List of countries and dependencies by population, second-most populous ...
. 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

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Illegal immigration to India An illegal immigrant in India is a foreigner who has entered India either without valid documents or who initially had a valid document, but has overstayed beyond the permitted time, as per the general provisions of the Citizenship Act as amend ...
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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, Banglade ...
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Indian nationality law Indian nationality law details the conditions by which a person holds Indian nationality. The two primary pieces of legislation governing these requirements are the Constitution of India and the Citizenship Act, 1955. All persons born in Ind ...
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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 ...
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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 Ind ...
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Illegal immigration to India An illegal immigrant in India is a foreigner who has entered India either without valid documents or who initially had a valid document, but has overstayed beyond the permitted time, as per the general provisions of the Citizenship Act as amend ...


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 {{India-law-stub