The Foreigners Act, 1946
3. Power to make orders.
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(1) The Central Government may by order make
provision, either generally or with respect to all foreigners or with respect
to any particular foreigner or any prescribed class or description of
foreigner, for prohibiting, regulating or restricting the entry of foreigners
into India or, their departure there from or their presence or continued
presence therein.
(2) In particular and without prejudice to the
generality of the foregoing powers, orders made under this section may provide
that the foreigner -
(a) shall not enter India or shall enter India only at such times
and by such route and at such port or place and subject to the observance of
such conditions on arrival as may be prescribed;
(b) shall not depart from India or shall depart only
at such times and by such route and from such port or place and subject to the
observance of such conditions on departure as may be prescribed;
(c) shall not remain in India , or in any prescribed
area therein;
(cc) shall, if
he has been required by order under this section not to remain in India , meet from any
resources at his disposal the cost of his removal from India and of his
maintenance therein pending such removal;
(d) shall remove himself to, and remain in, such area in India as may be prescribed;
(e) shall comply
with such conditions as may be prescribed or specified
( i )
requiring him to reside in a particular place;
(ii) imposing any
restrictions on his movements;
(iii) requiring him to
furnish such proof of his identify and to report such particulars to such
authority in such manner and at such time and place as may be prescribed or
specified;
(iv) requiring him to
allow his photograph and finger impressions to be taken and to furnish specimens
of his handwriting and signature to such authority and at such time and place
as may be prescribed or specified;
(v) requiring him to
submit himself to such medical examination by such authority and at such time
and place as may be prescribed or specified;
(vi) prohibiting him
from association with persons of a prescribed or specified description;
(vii) prohibiting him
from engaging in activities of a prescribed or specified description;
(viii) prohibiting him
from using or possessing prescribed or specified articles;
(ix) otherwise
regulating his conduct in any such particular as may be prescribed or
specified;
(f) shall enter
into a bond with or without sureties for the due observance of, or as an
alternative to the enforcement of, any or prescribed or specified restrictions
or conditions;
(g) shall be
arrested and detained or confined;
and may make provision for any matter which is
to be or may be prescribed and for such incidental and supplementary matters as
may, in the opinion of the Central Government, be expedient or necessary for
giving effect to this Act.
(3) Any authority prescribed in this behalf
may with respect to any particular foreigner make orders under Clause (e) for
Clause (f) of sub-section (2).