The Foreigners Act, 1946

5. Change of name. -

(1) No foreigner who was in India on the date on which this Act came into force shall, while in India after that date, assume or use or purport to assume or use for any purpose any name other than that by which he was ordinarily known immediately before the said date.

(2) Where, after the date on which this Act came into force, any foreigner carries on or purports to carry on (whether alone or in association with any other person) any trade or business under any name or style, other than that under which that trade or business was being carried on immediately before the said date, he shall, for the purposes of sub-section (1), be deemed to be using a name other than that by which he was ordinarily known immediately before the said date.

(3) In relation to any foreigner who, not having been in India on the date on which this Act came into force, thereafter enters India sub-sections (1) and (2) shall have effect as if for any reference in those sub-sections to the date on which the Act came into force there were substituted a reference to the date on which he first enters India thereafter.

(4) For the purposes of this section -

(a)  the expression name includes a surname, and

(b)  a name shall be deemed to be changed if the spelling thereof is altered.

(5) Nothing in this section shall apply to the assumption or use -

(a)  of any name in pursuance of a license or permission granted by the Central Government; or

(b)  by any married woman, of her husband's name,

Comments

Section 5 contemplates that a foreigner while in India shall not change or use any name other than the name by which he was known previously without the permission of the Central Government. If a foreigner has lawfully changed his name and comes to this country it cannot be said he is committing an offence under Section 5(3). (AIR 1968 Madras 349)

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