Legal module



India

Citizenship (Amendment) Act 2003

Citizenship Act 1955

Emigration Act, 1983 (No. 31 of 1983)

  • An Act to consolidate and amend the law relating to emigration of citizens of India
  • Implementing text(s): Emigration Rules, 1983

Emigration Rules, 1983, as amended by Emigration (Amendment) Rules, 2004 vide GSR 143(E), 26 February 2004, w.e.f. 15 March 2004]

  • Amended text with notes
  • Basic text(s): Emigration Act, 1983 (No. 31 of 1983)

Emigration Rules, 1983., as amended by Emigration (Amendment) Rules, 2009 vide GSR 511(E), 9 July 2009

Foreign Marriage Act 1969

Foreign Recruiting Act, 1874 (Act No. 4 of 1874)

  • Regulates the recruitment of Indian workers for service in foreign States.
  • Provides that a person wishing to recruit in India must have permission to do so from the Government (section 4).
  • Provides penalties for those who try to recruit without first being granted permission (section 6)

Foreigners Act 1946

Foreigners Law (Application and Amendment) Act, 1962 (No. 42 of 1962)

  • Extends the definition of foreigner in the Registration of Foreigners Act, 1939 and the Foreigners Act, 1946 to children of persons who were citizens of a State at war with or committing external aggression against India. It also repeals the Foreigners Law (Application and Amendment) Ordinance, 1962 (No. 5 of 1962)
  • Amended text(s): Foreigners Act, 1946 (Act No. 31 of 1946), Registration of Foreigners Act, 1939 (No. 16 of 1939)

Foreigners Law Act 42 of 1962

Illegal Migrants (Determination by Tribunals) Act, 1983 (No. 39 of 1983)

  • Establishes Tribunals for the determination of whether a person is an illegal migrant to enable the Central Government to expel illegal migrants from India. Made in response to the number of foreigners who migrated into India across the borders of the eastern and north-eastern regions of the country on and after the 25 March 1971 and who are considered to have since stayed illegally in India
  • Related text(s): Immigrants (Expulsion from Assam) Act, 1950 (No. 10 of 1950), Foreigners Act, 1946 (Act No. 31 of 1946)

Illegal Migrants Act 1983

Immigrants (Expulsion from Assam) Act, 1950 (No. 10 of 1950)

  • Provides for the expulsion of immigrants from India in general and the region of Assam in particular, where their presence is detrimental to the general interest of the public, any section or Scheduled Tribe in Assam (section 2).
  • Related text(s): Illegal Migrants (Determination by Tribunals) Act, 1983 (No. 39 of 1983)

Immigration (Carriers’ Liability) Act 2000

Immigration Carriers’ Liability Act 2005

Passport Act 1920

Passport Amendment Act 2000

Passports Act 1967

Passports Amendment Act 2002

Registration of Foreigners Act 1939

Registration of Foreigners Act, 1939 (No. 16 of 1939)

  • Regulates the registration of foreigners entering into, present in and leaving India
  • Amending text(s): Foreigners Law (Application and Amendment) Act, 1962 (No. 42 of 1962)

The Citizenship Act, 1955, (Act No. 57 of 1955), Enactment date: [30 December 1955]

  • An Act to provide for the acquisition and termination of Indian citizenship
  • Amended text(s):
    • The Citizenship (Amendment) Act, 2003, (NO. 6 OF 2004), Enactment date:    [7 January 2004]
    • The Citizenship (Amendment) Act, 2005 (NO. 32 OF 2005), Enactment date:    [24 August 2005]

The Citizeship Act 2005

The Foreign Marriage Act, 1969 (No. 33 of 1969)

  • Contains conditions for the solemnization of marriage between parties, at least one of whom is an Indian citizen (section 4) and matrimonial reliefs thereof (section 18)

The Foreigners Act 2004

The Foreigners Act, 1946, ( NO. 31 of 1946), Enactment date: [23 November 1946]

  • An Act to confer upon the Central Government certain powers with respect to entry of foreigners into India, their presence therein and their departure therefrom. It  also includes penalties for visa overstay and forged travel documents
  • Substitutes section 14 of the 1946 Act concerning penalty for contravention of provisions of the Act
  • Amending text(s): Foreigners (Amendment) Act, 2004 (No. 16 of 2004), Foreigners Law (Application and Amendment) Act, 1962 (No. 42 of 1962)
  • Related text(s): Immigration (Carriers' Liability) Act, 2000 (No. 52 of 2000), Illegal Migrants (Determination by Tribunals) Act, 1983 (No. 39 of 1983)

The Immigration (Carriers’ Liability) Act, 2000 (No. 52 of 2000), Enactment Date: [11 December 2000]

  • Act to make the carriers liable in respect of passengers brought by them into India in contravention of the provisions of the Passport (Entry into India) Act, 1920 and the rules made thereunder and matters connected therewith
  • Amended text(s): Immigration (Carriers' Liability) Amendment Act, 2005 (No. 44 of 2005). Inserts a new section 3A into Act 52 of 2000 concerning powers of the competent authority to exempt any carrier or class of carriers in the interest of general public or in fulfilment of international obligation.
  • Related text(s): Foreigners Act, 1946 (Act No. 31 of 1946).

The Passport Act, 1920 (Act No. 34 of 1920), Enactment date : [9 September 1920]

  • An Act to take power to require passports of persons entering India
  • Amended text(s):
    • The Passports Act, 1967 (Act No. 15 of 1967), Enactment Date:    [24th June 1967.];
    • The Passports (Entry Into India) Amendment Act, 2000 (Act No. 47 OF 2000), Enactment Date :  [8 December, 2000]
    • The Passports (Amendment) Act, 2002 (Act No. 17 of 2002), Enactment Date:    [28 March 2002]

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