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Report No. 175

2. Substitution of long title

In the Foreigners Act, 1946 (hereinafter referred to as the principal Act) for the long title, the following long title shall be substituted, namely:-

"An Act to provide for regulation of entry into, stay in, and departure from, India of foreigners and to prevent their illegal entry and immigration and for matters connected therewith or incidental thereto"

3. For section 2 of the principal Act, the following section shall be substituted, namely:-

'2. (1) In this Act, unless the context otherwise requires ,-

(a) "Chief Immigration Officer" means the Chief Immigration officer appointed under sub-section (1) of section 7B;

(aa) "citizen of India" means a person who is a citizen of India within the meaning of and as provided in Part II of the Constitution of India or the Citizenship Act, 1955;

(b)"Deportation Order" means an order passed by the Immigration Officer under sub-section (1) of section 7-I, sub-section (2) of section 7-G, sub-section (6) of section 7-J or section 7S;

(c)" foreigner " means a person who is not a citizen of India :

(d) "illegal entrant" means a foreigner who, -

(i) has entered into India without a valid passport and visa or other travel document or permit; or

(ii) has entered India, whether with or without a valid passport and visa or other travel document entitling him to enter into India, through a place or a point which is not a designated point or port of entry into India; or

(iii) has stayed in India beyond the period specified in visa or other travel document or permit under which he had entered into India; or

(iv) has contravened any provision of any Act governing the entry, stay and departure of foreigners, or of any rule or order made under any such Act; or

(V) has been subjected to an order of removal or deportation under this Act or has entered India after having been deported from India;

(e) "Immigration Officer" means an Immigration Officer appointed under sub~ section (1) of section 7B;

(f) "Immigration Tribunal" means a tribunal established under section 70;

(g) "inadmissible classes of persons" means classes of persons referred to in clauses (a) to (j) of section 7H;

(h) "permit" means a permit issued by the Central Government to any foreigner to reside in India for a particular purpose including employment in India;

(i) "prescribed" means prescribed by Orders or rules made by the Central Government under this Act;

(j)"Removal Order" means an order passed by the Immigration Officer under sub- section (1) of section 7 M;

(k) "specified" means specified by direction of a prescribed authority.

(1) "travel document" means a travel document which is issued by or under the authority of the Central Government permitting any foreigner to enter India;

(2) Words and expressions used but not defined in this Act and defined in the Passport (Entry into India) Act, 1920 or the Registration of Foreigners Act, 1939 shall have the meanings respectively assigned to them in those Acts, Orders and rules made there under.







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