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Report No. 175

7-J. Detention pending examination of Foreigners while Disembarking in India

(1) Any person disembarking in India, may be detained under the authority of an Immigration Officer pending his examination and pending a decision to grant or refuse to grant leave to enter.

(2) A person in respect of whom directions may be given under sub-section (2) of section 7-I may be detained under the authority of an Immigration Officer pending the giving of directions and pending his removal in pursuance of any directions given.

(3) A person on board a ship or aircraft or other conveyance whose presence in India is required by law, may, under the authority of an Immigration Officer, be removed from the ship or aircraft or other conveyance for detention under this section.

(4) If an Immigration Officer so requires, master of a ship or pilot of an aircraft or a person in charge of any other conveyance shall prevent from disembarking in India any person who has arrived in India in the ship, aircraft or other conveyance.

(5) Where any person is refused entry under sub-section (4), the master of the ship or captain of an aircraft or the person in charge of other conveyance may detain such person in custody on board the ship or aircraft or conveyance, as the case may be.

(6) The Immigration Officer shall order immediate deportation of a foreigner to a country as specified in sub-section (2) of section 7M if the foreigner,-

(a) belongs to an inadmissible class; or

(b) has overstayed the period of his visa or permit unless granted extension by the authorities; or

(c) has contravened any of the provisions contained in this Act or the orders or rules made there under; or

(d) has completed his sentence for an offence under this Act or under any other law for the time being in force, relating to foreigners; or

(e) is,in the opinion of the Immigration Officer, a threat to the national security and his continued presence endangers the lives and safety of the people of India.

The Foreigners (Amendment) Bill, 2000 Back

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