#THE REGISTRATION OF FOREIGNERS ACT, 1939 
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##ARRAGEMENT OF SECTIONS 
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SECTIONS 

1. Short title and extent. 
2. Definitions. 
3. Power to make rules. 
4. Burden of proof. 
5. Penalties. 
6. Power to exempt from application of Act. 
7. Protection to persons acting under this Act. 
8. Application of other laws not barred. 
9. [Omitted.] 


 
#THE REGISTRATION OF FOREIGNERS ACT, 1939 

##ACT NO. 16 OF 1939
[^1]

[8th April, 1939.] 

An Act to provide for the registration of foreigners in India. 

  WHEREAS it is expedient to provide for the registration of foreigners entering, being present in, and 
departing form, India; 

It is hereby enacted as follows: –– 

1. **Short title and extent.**—(1) This Act may be called the Registration of Foreigners Act, 1939. 

(2) It extends to the whole of India. 

2. **Definitions.** –– In this Act— 

  (a) ―"foreigner" means a person who is not a citizen of India;

  (b) ―"prescribed" means prescribed by rules made under this Act. 

3. **Power to make rules.** — (1) The  Central  Government  may  after  previous  publication,  by 
notification in the Official Gazette, make rules with respect to foreigners for any or all of the following 
purposes, that is to say— 

  (a) for requiring any foreigner entering, or being present in, India to report his presence to a 
prescribed  authority  within  such  time  and  in  such  manner and with such particulars as  may  be 
prescribed; 

  (b) for requiring any foreigner moving from one place to another place in India to report, on 
arrival at such other place, his presence to a prescribed authority within such time and in such manner 
and with such particulars as may be prescribed; 

  (c) for requiring any foreigner who is about to leave India to report the date of his intended 
departure and such other particulars as may be prescribed to such authority and within such period 
before departure as may be prescribed; 

  (d) for requiring any foreigner entering, being present in, or departing from, India to produce, 
on demand by a prescribed authority, such proof of his identity as may be prescribed; 

  (e) for  requiring  any  person having the management of any hotel, boarding-house, sarai or any 
other  premises  of  like  nature  to  report  the  name  of  any  foreigner  residing  therein  for  whatever 
duration, to a prescribed authority within such time and in such manner and with such particulars as 
may be prescribed; 

  (f) for requiring any person having the management or control of any vessel or aircraft to furnish 
to a prescribed authority such information as may be prescribed regarding any foreigner entering, or 
intending  to  depart  from India, in  such  vessel  or  aircraft,  and  to  furnish  to  such  authority  such 
assistance as may be necessary or prescribed for giving effect to this Act; 

  (g) for providing for such other incidental or supplementary matters as may appear to the Central 
Government necessary or expedient for giving effect to this Act. 

  (2) Every rule made under this section shall be laid, as soon as may be after it is made, before each 
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in 
one session or in two or more  successive sessions, and if, before the expiry  of the session immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only 
in such modified form or be of no effect, as the case may be; so, however, that any such modification or 
annulment shall be without  prejudice to the validity of anything previously done under that rule.

4. **Burden of proof.**—If any question arises with reference to this Act or any rule made thereunder, 
whether any person is or is not a foreigner, or is or is not a foreigner of a particular class or description, 
the  onus  of  proving  that  such  person  is  not  a  foreigner  or  is  not  a  foreigner  of  such  particular  class  or 
description,  as  the  case  may  be,  shall,  notwithstanding  anything  contained  in  the  Indian  Evidence  Act, 
1872 (1 of 1872), lie upon such person. 

5. **Penalties.**— Any person who contravenes, or attempts to contravene, or fails to comply with, any 
provision of any rule made under this Act shall be punished, if a foreigner, with imprisonment for a term 
which may extend to one year or with fine which may extend to one thousand rupees or with both, or if 
not a foreigner, with fine which may extend to five hundred rupees. 

6. **Power to exempt from application of Act.** — The Central Government may, by order declare 
that any or all of the provisions of the rules made under this Act shall not apply, or shall apply only with 
such modifications or subject to such conditions as may be specified in the said order, to or in relation to 
any individual foreigner or any class or description of foreigner : 

  Provided that a copy of every such order shall be placed on the table of Parliament as soon as 
may be after its promulgation. 

7. **Protection to persons acting under this Act.**—  No  suit,  prosecution  or  other  legal  proceeding 
shall lie against any person for anything which is in good faith done or intended to be done under this Act. 

8. **Application of other laws not barred.**— The provisions of this Act shall be in addition to, and 
not in derogation of, the provisions of the Foreigners Act, 1946 (31 of 1946) and any other law for the 
time being in force. 

9. *[Application of Act to Part B States.] — Omitted  by  the  Part  B  States  (Laws)  Act,  1951 
(3 of 1951), s. 3 and the Schedule.*



[^1]  This Act has been extended to— 
Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and Sch. Pondicherry with modification  vide 
Notification No. G.S.R. 1557, dated 24-11-1962, Gazette of India, Pt. II, Sec, 3 (i), p. 1886; brought into force 
in  Dadra  and  Nagar  Haveli  by  Reg.  6  of  1963,  s.  2  and  Sch.  I.  (w.e.f.  1-7-1965); Lakshadweep vide Reg. 
8  of  1965,  s.  3  and  Sch.  (w.e.f.  1-10-1967);  the  State  of  Sikkim  vide  Notification  No.  G.S.R.  41  (E), 
dated 27-1-1976 (w.e.f. 1-2-1976). 