DEFINITION
889. (i) FOREIGNER means a person who is not a citizen of India.
(ii) PASSPORT is an authorisation by the country to which the foreigner belongs, requesting the country of destination to let the foreigner in.
(iii) VISA is an authorisation by the country which the foreigner wishes to enter ,permitting him to enter the country.
FOREIGNERS TO BE IN POSSESSION OF VALID PASSPORT AND VISAs
890. The entry of foreigners into and their residence and movements in, India are regulated by Acts framed by the Parliament and rules framed thereunder by the Central Government from time to time. In brief, a foreigner cannot enter India without a valid visa issued by, or on behalf of, the Government of India. The period of his residence in India is determined by the period of validity of the passport and visa. A foreigner is required to report his entry into India and his subsequent movements.
THE NATIONALS OF COMMONWEALTH COUNTRIES
891. The nationals of commonwealth countries also require prior VISA and also have to undergo the registration formalities with effect from June 18, 1984.
ACTS AND RULES RELEVANT TO FOREIGNERS, PASSPORTS AND VISA
892. (1) The following are the relevant Acts, Rules and Instructions governing the foreigners and all officers will make themselves fully conversant with their powers and duties under them :
(A) Acts, Rules and instructions governing the registration and stay of foreigners in India;
(i) Registration of Foreigners Act, 1939, as amended from time to time.
(ii) Registration of Foreigners Rules, 1992 and executive instructions issued by the Government to supplement and facilitate the administration of these rules;
(iii) Foreigners Act, 1946,
(iv) Foreigners Order, 1948;
(v) Registration of Foreigners (Exemption) Order 1957; and
(B) Acts and Rules, governing the grant of passports and visas:
(a) Indian Passport Act, 1920;
(b) Passport Rules, 1950;
(2) The following instructions are intended for the purpose of assisting officers entrusted with the administration of laws relating to foreigners. They do not, however, relieve officers of their responsibility of studying the original Acts and Rules and amendments & modifications in their application as declared by the Government from time to time.
EXEMPTEES UNDER THE PASSPORT ACT, 1920, REGISTRATION OF FOREIGNERS ACT, 1939 AND FOREIGNERS ACT, 1946
893. The Central Government may, by order, declare that any or all of the provisions of the Passport Act, 1920, Registration of Foreigners Act 1939, and Foreigners Act, 1946, and the rules made under these Acts shall not apply, or shall apply, or shall apply only with such modifications or subject to such conditions as may be laid down by them to or in relation to any individual foreigner or any class or description of foreigners.
REPRESENTATIVES OF MEMBERS OF UNITED NATIONS AND ITS SPECIALISED AGENCIES
894. (1) Representatives of principal and subsidiary organs of the United Nations or its specialised agencies, and delegates to conferences convened by the United Nations or its specialised agencies are entitled to certain privileges and immunities under the United Nations (Privileges and Immunities) Act 1947. They are exempted in respect of themselves and their families from registration under the Registration of Foreigners Rules, 1939, as per the Registration of Foreigners (exemption) Orders 1957, in the State they are visiting or passing through, in exercise of their functions. It is also not necessary to issue residential permits to these persons for so long as they remain in India on official business. Experts performing missions for the United Nations or its specialised agencies are also exempted from registration under the Registration of Foreigners Rules, 1939, as per the Registration of Foreigners (exemption) Orders 1957.
(2) All officers will make themselves thoroughly familiar with the provisions of the United Nations (Privileges and Immunities) Act, 1947, and see that the personnel of the United Nations, who will all be in possession of United Nations Laissez Passer or other document indicating their status with the United Nations or its specialised agencies, are not put to any inconvenience.
(3) Applications for visas (where required) from the holders of United Nations Laissez Passer or any other document showing that they are travelling on the business of the United Nations shall be dealt with as speedily as possible. In addition, such persons shall be granted facilities for speedy travel.
FOREIGNERS OF DIPLOMATIC STATUS AND THEIR FAMILIES
895. All Officers of diplomatic status, Consul - General and Vice - Consuls are exempted from registration under the Registration of Foreigners Act, 1939. Their wives and children are exempted from registration by the Registration of Foreigners (Exemption) Order, 1957. Registration Authorities at the seaports, and airports will generally accept diplomatic passports and/or diplomatic visas produced by diplomatic and consular officers and members of their families as proof of their status entitling them to exemption.
REGISTRATION OFFICERS AND CIVIL AUTHORITIES
896. (1) DIG Intelligence is declared by the Government as the State Registration Officer and all Superintendents of Police of the Districts and also Commissioners of Police of Bangalore, Mysore and Hubli-Dharwad are authorised under Rule 3(1) of Registration of Foreigners Rules 1939 to act as Registration Officers. These Officers should carefully study and follow the rules and instructions issued by the Central and State Governments and State Registration Officer.
(2) Under sub paragraph (2) of paragraph 2 of the foreigners Order 1948 the Government have appointed the Secretary (Principal), Home Department and also the Chief Secretary to Government of Karnataka as Civil authorities.
RESTRICTIONS AND CONDITIONS TO WHICH FOREIGNERS ARE SUBJECT ON ARRIVAL IN INDIA
897. (1) Foreigners arriving in India are subject to the restrictions imposed by the Foreigners Act, 1946, the Registration of Foreigners Act, 1939 and the rules made thereunder and the Foreigners Order, 1948.
(2) Some of the important provisions of these Acts are given below :
(i) Grant of visa does not necessarily mean that the grantee will be permitted to land in India on arrival. A competent civil authority may -
(a) refuse, in certain circumstances, permission to a foreigner to enter or leave India.
(b) attach such condition or conditions, as it may think fit, to the grant of permission to land;
(c) impose restrictions on the movement of a foreigner; or
(d) arrest and/or detain a foreigner, if it is necessary to do so in public interest.
(ii) A competent civil authority may prohibit a foreigner from entering or remaining in a prohibited or protected area or may impose such conditions as it may think fit on a foreigner visiting or remaining in such an area.
(iii) No foreigner shall without the permission in writing of the competent civil authority, either enter any premises relating to or accept employment, in or in connection with : -
(a) any undertaking for the supply to Government or to the public of light, petroleum, power or water, or
(b) any other undertaking which may be specified by the Central Government in this behalf.
FORMALITIES TO BE GENERALLY OBSERVED BY FOREIGNERS
898. (1) All foreigners are required to furnish full particulars in respect of themselves on arrival. They have to complete disembarkation/embarkation cards in Form 'D' while entering or leaving India by sea or air and hand them over to the registration staff along with their passports and other travel documents, at such ports as may be described by the Government of India from time to time.
(2) A foreigner is required to produce sufficient proof of his identity for registration. Every foreigner has to produce his passport or such other proof of his identity as may be required by any Registration Officer, Magistrate or Police Officer not below the rank of Head Constable within twenty-four hours of demand. Similarly every registered foreigner has to produce his certificate of registration for inspection when demanded of him by any Registration Officer, any Magistrate or any Police Officer not below the rank of Head Constable within twenty-four hours. The time limit may be extended by the Officer demanding these documents as may be necessary. When the passport or other documents of identification produced by a registered foreigner do not, in the opinion of the Registration Officer, Magistrate or Police Officer not being below the rank of Inspector, provide adequate proof of identity, he may be required to produce four copies of a photograph of himself of passport size or four complete sets of his finger impressions, if his registration certificate does not already contain on it his photograph or finger impressions. If the registration certificate bears a set of finger impressions, the foreigner may be required to furnish a further set of finger impressions for comparison.
REGISTRATION OF FOREIGNERS
899. (1) Foreigners coming to India on a valid VISA shall present a report to the Registration Officer having jurisdiction in the place where the said foreigner resides, in the following instances.
(a) Foreigners entering India on a VISA valid for stay in India for a period of 180 days or less and who wish to stay in India beyond a period of 180 days shall present a Registration Report within 2 weeks after the expiry of one hundred and eighty days of their arrival in India.
(b) Foreigners who enter India on a Visa valid for a stay in India for a period of more than 180 days shall present a registration report within two weeks of their arrival in India.
(c) Foreigners who enter India otherwise than on a visa shall present their registration report immediately after the expiry of the authorised period of stay in India.
(d) A person who has become a foreigner by reason of his having ceased to be a citizen of India while resident in India has to present registration report within 15 days of his ceasing to be citizen of India.
NOTE : No such registration report is necessary in the case of a foreigner who enters India on a VISA valid for a period of not more than one hundred eighty days and who does not remain in India beyond the said period
(e) Once the foreigner has registered his name he is bound to observe the various provisions of registration of foreigners’ Rules. If a foreigner who has to register, does not report himself with the foreign registration officer within two weeks of arrival of his stay in India, he violates the provisions of these rules and should be subjected to prosecution under section 5 of Registration of Foreigners Act 1939.
(2) CHILDREN NOT TO BE REGISTERED
Children of foreigners under 16 years of age residing in India need not be registered as they are exempted from such registration under clause 2 of the Registration of Foreigners (exemption) Order 1957, but, they will be issued a residential permit as required by paragraph 7 of the Foreigners Order 1948.
(3) REGISTRATION
When a foreigner who wants to stay in India presents himself before the registration officer, the registration officer has to verify the validity of the passport, visa and its condition and register his name in form “A” . when a foreigner is registered, Part III of Form ‘A’ should be given to him as a certificate of registration. Part I of Form ‘A’ be retained as a record by the registration officer concerned. Part II of Form ‘A’ should be transmitted to the Central Foreigners Bureau, New Delhi , on the same day. Simultaneously a duplicate copy of Part II should be sent to the State Registration Officer, Bangalore, along with the Visa copy.
(4) SERIAL NUMBER OF REGISTRATION CERTIFICATE:
When a foreigner changes his registered address to any district other than the one of his registered address, the original serial number allotted to him when he was first registered in a district, should be retained.
5. RESIDENTIAL PERMITS:
Every foreigner , unless he is otherwise exempted, should obtain from the Registration Officer at the time of registration a residential permit specifying the period for which he is permitted to stay in India. The period of stay in this permit coincides with the validity of the Visa. A foreigner is required to apply for extension of stay atleast 90 days before his permit is due to expire.
6. MOVEMENT IN INDIA:
(a) If, at any time, a foreigner proposes to be absent from his registered address for a continuous period of eight weeks or more or he is changing his registered address or he is finally departing from India, shall, before he leaves, inform in person or through an authorised representative or by registered post to his Registration Officer of his intention to leave either temporarily or permanently the jurisdiction of the Registration Officer. In case he is returning , he should inform the Registration Officer of the date of return and in the case he is moving away, the change of address and any changes made subsequently.
(b) Every foreigner, who stays for a period of more than eight weeks at any place of a district, other than the district in which his registered address is situated, shall inform the Registration Officer of that district of his presence.
7. DEPARTURE
(a) A foreigner who leaves India by Sea or Air is required to report his intended departure to the Registration Officer of the district, and shall surrender his certificate of registration either to the Registration Officer of the place where he is registered or the place from where he intends to depart or to the Immigration Officer at the Port/Checkpost of exit from India. He shall obtain exit permit before departing from India and he should surrender the same at the checkpost or airport.
(b) If the certificate is surrendered to a person other than the Immigration Officer of the port or checkpost of exit, a receipt indicating such surrender of the document may be obtained and shown to the Immigration Officer.
(c) All foreigners who are departing from India either by Air, road, or Sea, shall furnish or cause to be furnished in writing a true statement of particulars set out in form ‘D’ EMBARKATION CARD.
(d) Foreigners of Pakistan and Bangladesh Nationals who are leaving by road or air are required to obtain ‘Leave India Exit Permit’. They should surrender the Registration Certificate and Exit Permit at the Immigration Checkpost.
8. OVER STAYERS
Immigration officers at places of exit have discretion to condone at the time of departure of foreigner, minor irregularities like overstay upto 3 or 4 days. In all other cases, where the foreigner has exceeded the condition of Visa or 30 days landing permit, notice should be taken of the overstayal in order to discourage such instances. Hippies tend to overstay in India and prosecution is called for in such cases. A Foreigner who overstays in India violates para 7 of the foreigner order 1948, and is liable for prosecution under section 14 of the Foreigners Act, 1948.
9. SEA MEN AND CREW OF AIR CRAFTS
i) Sea men of ships and Crew of Air crafts do not always carry passports. They have permission to go abroad on the strength of their certificate. In such cases, if they want to go off - shore they will be issued temporary landing permits. Para 4 of the order empowers Sub Inspectors of Police and above to issue special permits to such Sea men and Crew. Further, the master of vessal or air craft or the person having management control arriving and leaving any place in India, shall furnish the list of persons who intend to disembark or embark on any such vessal for the purpose of entering or leaving India should furnish in writing a true statement of the particulars set out in Form ‘D’. This form ‘D’ is to be delivered to the registration officer at the place of arrival or departure.
ii) The Registration Staff at the places of entry should send every day a list of all foreigners whose destination is the port or place of entry, to the registration officer of the port or place, if his headquarters is the town in which the port or place of entry is situated.
iii) In the case of foreigners whose destination is a place other than the port or place of entry, the concerned Registration Officer, who has received a duplicate of Form No. B should see that the foreigners get themselves registered within 14 days of their arrival. The Registration Officer should recover the temporary certificates from the foreigners and should Register the arrival of the foreigner.
iv) It should be noted in (I) and (ii) will apply only if and when a place in Karnataka State is declared as a port of entry or departure.
10. HOTEL ARRIVAL REPORTS - FORM ‘C’
a) A foreigner staying in a Hotel shall furnish the required particulars necessary for recording and sign on his arrival at the Hotel, his name, Nationality (in a register maintain for the purpose in Form ‘F’) Passport Number, Place of Issue, Date of Arrival in India, place arrived from, duration of stay, registration certificate number, Validity of Visa, etc. in the Hotel Register maintained for the purpose in Form ‘F’.
b) The keeper of the hotel shall as soon as may be, not more than 24 hours of the arrival of any foreigner, transmit a copy of Form ‘C’ duly filled in to the Registration Officer, the Station House Officer, incharge of the nearest police station, who is authorised by the Registration Officer to receive reports in Form ‘C’ in the mofussil areas. He will make such enquiries as may appear to be necessary and will transmit the report direct to the Superintendent of Police on the same day with his remarks after keeping a copy, if necessary. This register will show the date of the foreigner’s arrival in India. The Registration Officer concerned should carefully check the hotel arrival reports received by him daily to see if the foreigner has registered or not.
Note: The term hotel includes any boarding house, club, guesthouse, resorts or other premises of like nature.
TOURISTS
900. Tourist Visa will be granted to foreigners who have no occupation in India and whose sole objective is recreation, sight seeing, casual visit to friends and relatives. The duration of Tourist Visa has been raised from four months to six months with multi entry facility. Agents of Foreign Travel Agencies and also Foreign Tourist visiting India frequently are also granted multi entry Visa for a period of 5 years by Indian Missions. However, stay in India on any particular visit shall not exceed six months and they will not be subjected to registration if their stay does not exceed six months. No extension of stay is to be granted to the foreigners holding tourist Visa, and such a request has to be rejected at once. However in emergent situations the extension of stay upto a maximum period of 15 days can be granted by the State Government only under the delegated powers. Foreigners coming on tourist VISA are not eligible to convert the Tourist VISA into any other kind of VISA. However this is not applicable to foreigners of Indian origin, who can get extension of stay of five years with multi entry facility even if they have entered in a tourist VISA.
EXEMPTION FOR CERTAIN CLASSES FROM POSSESSING OF PASSPOSRT
901. Since certain persons may not hold a passport, example, seamen crew of air crafts etc., Rule 4 provides for exemption from the operation of Rule 3 which requires that any one entering India must have a passport. The exempted classes are also members of the Indian Army, Navy, Air Force and their families when the personnel are on duty, persons domiciled in Pakistan or who have migration certificates, Indian domiciles entering India from Napel and Butan, Nepal and Butan Nationals entering India, Muslim Pilgrims returning from Jeddah or Basra or any other specially exempted category. Please note that in the case of Pakistanis and Muslim pilgrims, though they need not have a passport, should have special permits.
REGISTRATION OF PAKISTAN NATIONALS
902. (1) All Pakistan Nationals are required to register their names in the Foreigners Registration Office in the respective districts. Arrival and departure of Pakistan Nationals to India should be promptly reported by the State Registration Officer. Pakistan Nationals are required to register themselves within 24 hours of reaching their specified place of stay with the prescribed authority (Foreigners Registration Office) or the nearest Police Station. Similarly they should report 24 hours prior to the departure to the intended place.
(2) The following checkposts have been designated for entry/exit of Pak Nationals visiting India.
(a) By Air : Amritsar/Bombay/Delhi
(b) By Sea : Bombay
(c) By land : Attari-Wagah (Punjab),Munabad (Rajastan)
(3) State Governments are empowered to allow change of route/extension of short term stay/visits to additional places etc.
(4) The Foreigners Registration Office to issue notices to Pak nationals a few days before the expiry of the visa period informing that they leave India within the validity of their visa period to avoid applying for extension of visa on the day of expiry of their visa period. Whenever a Pakistan National overstays and absconds lookout notice with photograph should be issued or circulated.
(5) Pak Nationals desiring to stay on long term visa in India should apply for further extension atleast 2 months in advance of the expiry of their visa period so that the requests for further extension must reach the M.H.A. well within the period of validity of their visas. Extension of stay in India for Pak Nationals on Medical grounds is admissible only if the medical certificate is issued by a Government Medical Attendant and it clearly states the disease from which the person concerned is suffering and also that he is not in a fit condition to undertake journey to Pakistan.
(6) A Pak national holding a tourist visa should be allowed to stay only till the validity of the visa period. For whatever reason, the application of Pak nationals holding tourist visa should not be accepted by the FROs for extension. Other than the tourist visa the application of a Pak national holding any other visa should not be considered for extension without the clearance of the State Government.
The diplomatic Officials and staff of Pakistan Mission posted in India including their family members are exempted from Registration formalities.
BANGLADESH NATIONALS
903. (1) (a) The Central Government in exercise of the powers conferred by Section 3 of the Foreigners Registration Act 1939 has framed Rules for Registration of Bangladesh Nationals namely, Registration of Foreigners (Bangladesh) Rules 1973. According to these rules not withstanding anything contained in the Registration of Foreigners (Exemption) Order 1957 every foreigner who is a citizen of Bangladesh, entering India or resident in India shall present in person to the appropriate Registration Officer appointed under rule 3 of the Registration of foreigners Rules 1939 a report.
(b) Bangladesh Nationals visiting India for a continuous period exceeding 6 months are required to get themselves registered at the Foreign Registration Office, within 7 days of their arrival and obtain a residential permit and registration certificate. Those entering on visas for short period but seeking extension, as a result of which the total stay in India which exceed 6 months are also required to get themselves registered with the Foreigners Registration Office.
(c) The diplomatic Officials and staff of Bangladesh Mission posted in India including their family members are exempted from Registration formalities.
(2) ENTRY STAY AND DEPARTURE FROM INDIA
Bangladesh Nationals travelling by land routes should be authorised to enter and leave India only through specified check posts. The applicant is expected to indicate the point of entry and exit in his visa application and an entry to that effect should be made on the passport alongwith Visa Stamp. In case of the persons who enter India on student visas, the name of recognised Educational Institutions which the student is joining should be mentioned. Number of visits should also be mentioned in the Original visa. All extension of visa applications of Bangladesh Nationals should be sent to the State Government. The State Government are empowered to grant extension of stay for a maximum period of 3 months at a time, provided the period of visa and extension it may grant should not exceed one year. State Government are also authorised to grant extension of stay to Bangladesh Women married to Indian Citizens on year to year basis. The Bangladesh Nationals should take exit permit from the F.R.Os. and they should also mention the date of departure and date of re-arrival in case they come on the same visas. All Visas for Bangladesh Nationals are to be given free of charge.
SRILANKA NATIONALS
904. (a) Nationals of Commonwealth Countries were all brought under Registration of Foreigners Act and Rules 1939 and 1946 with effect from 15.6.1984. Srilanka Nationals also need to possess a passport and valid visa to enter India. They have to register their names with the respective Registration Officers within 7 days of their arrival and they should obtain Registration Certificate and residential permit.
(b) ENTRY, STAY DEPARTURE FROM INDIA
The State Governments of Tamil Nadu, Andhra Pradesh, Karnataka and Kerala have been authorised to grant extension of stay in India to Srilankan Nationals in the following cases.
(i) Those who entered India prior to the eruption of ethnic violence in Sri Lanka in 1983 and have been staying in India for a period of 20 years or more and
(ii) Those who are above the age of 65 years
(c) All cases of extension of stay in India and grant of visa for India to Srilanka Nationals Bangladesh and Pakistan are to be sent to State Governments. The F.R.Os have no powers to grant extension of stay to the Srilanka, Bangladesh and Pakistan nationals.
RULES RELATING TO NEPAL AND BHUTHAN NATIONALS
905. (a) The Passport Entry into India Act 1920 and rules 1950 makes it obligatory for both Indian and Foreigners in India who depart from India to be in possession of valid passport or travel documents.
(b) Section 4 of the Passport (entry into India) Rules 1950 exempts the following classes of people from possessing a passport as well as registering. Indian domiciles entering India from Nepal and Bhutan , as well as Nepal and Bhutan Nationals entering India from the requirements of possessing a passport as well as registering.
(c) member of the Naval, Military or Air Force of India, entering India on duty, and members of the family of any such person when accompanying such person to India on a Government Transport;
(d) Persons domiciled in India entering India by land or by air over the Nepalese or Bhutanese frontier;
(e) Nepalese and Bhutanese entering India by land or by air over the Nepalese or Bhutanese frontier;
(f) Bonafide Mohammedan pilgrims domiciled in India returning from Jeddah and Basra;
(g) other persons or classes of persons specified by general or special order of the Central
Government.
TIBETANS
906. I (a) Tibetan Refugees have been settled with the assistance of the rehabilitation Division of the Ministry of Home Affairs in the settlement camps in the State. In Karnataka, Bylakuppa in Mysore Disrtrict, Mundagod in Uttara Kannada District are the two settlement camps approved by the Rehabilitation division of the Ministry of Home Affairs. Besides the settlement camps, the Tibetans are also living in scattered areas and these Tibetans are also governed by the Foreigners Registration Act and Rules.
(b) Under the Registration of Foreigners Rules, 1939, which are applicable to foreigners including Tibetans, all Tibetan refugees above 16 years of age, who are not citizens of India, are required to get themselves registered with the Foreigners Registration Officer within whose jurisdiction they are residing and to hold registration certificate, which will serve the purpose of establishing their identity. Further, such registered foreigner is required to report to the Registration Officer of the district where his registered address is situated, the particulars detailed below.
(c) Before he leaves his registered address, if he proposes to be absent from his registered address for a continuous period of two weeks or more, full particulars of his itinerary including particulars of places which he proposes to visit, the address or addresses at which he proposes to stay and the date on which he expects to return to his registered address,
(d) If he proposes to change his registered address or to leave India, the particulars of his new address and the date of the proposed change or departure. If he stays for more than seven days at any place (other than a hotel or other premises where travellers are accommodated) in any district other than the district in which his registered address is situated, he is required to report his presence in that other district to the Registration Officer thereof within seven days of his arrival. All Foreigners Registration Officers should take due action to implement these requirements effectively. The 'Notice' of instructions below Form A of the Registration Certificate should invariably form part of the certificate of Registration issued to all foreigners, so that they cannot plead ignorance of the rules when detected for breach of the same. This should be noted by the Foreigners Registration Officers. All Tibetan Refugees who had arrived in India in 1959 whether they are staying in camps or outside the camps were required to be registered under the registration of Foreigners Act/Rules with the respective registration Officers.
(e) Tibetans of Chinese origin who have come to India subsequently via Nepal on the basis of Identity letters issued by the Dalailama setup have no legal standing in so far as their entry and stay in India is concerned. Legal action should be initiated against such Tibetan Nationals as per foreigners Act and Rules.
(f) Acquisition of immovable property by Tibetans should be fully governed by FERA 1973.
(g) Tibetans settled in rehabilitation centres or scattered in the State or staying outside the camp should possess passport or refugee certificate issued by the rehabilitation Division and they should have registered their name with the respective F.R.O. If any Tibetan refugee whether in the camps or outside the camps comes to adverse notice appropriate action should be taken against such person under the foreigners Acts and Rules.
II The following are the instructions regarding the movements and activities of Tibetans:
1. Whenever a Tibetan Refugee leaves the settlement of his registration for more than 14 days he should inform his departure and arrival to the concerned Registration officer. If a Tibetan Refugee leaves India without exit permit and tries to re-enter India, he should be dealt with under the provisions of passport (entry into India) Act/Rules and the Foreigners Act 1946 and he should be deported.
2. A Tibetan refugee should apply for extension of stay at least 90 days before the expiry of the period of stay.
3. A head-count of the Tibetan Refugees staying in a particular jurisdiction should be made by the FRO concerned on any particular day periodically.
4. Secret check may be exercised by the FROs and any one found indulging in undesirable activities violating the law of s1946, Passport (entry into India) Act 1920 and the Registration of Foreigners Act 1939 and the rules and Orders thereunder, action may be taken as per the above Act and Rules.
5. The Tibetans are required to obtain permission for carrying out their business, trading etc. FROs may ask them to apply for permission from Reserve Bank of India for carrying out their business and other commercial activities under Foreigners Exchange Regulation Act 1973. The F.R.Os should check, whether the Tibetan applicants seeking registration of property documents have complied with the requirements of Foreign Exchange Regulation Act.
6) Foreigners who want to visit Tibetan settlements in India are required to obtain permission from the Rehabilitation Division of the Ministry of Home Affairs, Government of India. Under any circumstances, Foreigners should not be allowed to visit the Tibetan settlement without valid permits.
Children of foreigners under 16 years of age residing in India need not be registered as they are exempted from such registration of Clause 2 of the Registration of Foreigners (Exemption) Order, 1957, but they will be issued residential permits as required by Paragraph 7 of the Foreigners Order, 1949.
TRANSIT VISAS OF AIR PASSENGERS
907. The following instructions will apply if and when a place in Karnataka State is declared as port of entry or departure : -
(1) Transit visas need not be insisted upon in the case of air passengers proceeding through India in direct transit by the same flight or by the next regularly scheduled flight, irrespective of whether the flight is of the same or of a different airline. The entry of such persons may be regulated as follows :-
(a) In the case of passengers not leaving the precincts of the aerodrome, irrespective of the fact whether they arrive by one flight and depart by the same flight or arrive by one flight and depart by another (of the same or of a different airline) they may be allowed to land without landing permit, provided there is no security objection, and provided the air companies concerned undertake to ensure that the passengers do not leave the precincts of the aerodrome.
(b) Passengers who arrive by one flight and depart by another (of the same or of a different airline), but leave the precincts of the aerodrome should obtain a landing permit in the form below :-
Shri/Smt./Kumari ..................................who arrived in India on ..............................(date) ................... from ................................ (place) ...................................(by) ............(description) ...................................... aircraft is permitted to land temporarily in India until his/her departure by .................................. (description)............................aircraft on ................................... (date) ............. to ............ (final destination) ........................................
This permit is to be surrendered to the airport police authorities on departure from India and upon its surrender, the passport which has been deposited with the authorities will be returned.
The validity of such landing permits should not normally exceed 72 hours. Except as specified in Sub-Order (2) (e) below, foreigners proceeding by air in transit, who arrive at one airport and leave by the next regularly scheduled flight, should be required to be in possession of transit visas for India.
(2) Passengers Travelling by Services Touching at two Airports in India :
(a) If they are in direct transit at both the airports and do not leave the precincts of the aerodrome, their landing should be regulated in accordance with Sub-Order (1) (a) above.
(b) If they wish to leave the precincts of the aerodrome at either or both of the ports, their landing should be regulated in accordance with Sub-Order (1) (b) above.
(c) If they are in transit at the first airport but disembark in India at the second airport, they should be dealt with as transit passengers at the first airport and registration formalities should be completed only at the port of destination. Such persons should, however, be allowed to stay only in the transit lounge in the port of transit and not allowed to leave the precincts of that airport.
(d) In the case of passengers embarking at one airport in India on a service which touches another airport also, their departure formalities may be completed at the first airport. They should then be treated as in direct transit at the second airport, where they may be allowed to stay in the transit lounge only and should not be allowed to leave the precincts of the airport.
(e) Passengers arriving at one airport by an Air India International Service and proceeding by the Indian Airlines Corporation Service to another airport from where they again leave by an Air India International Service may be treated as in direct transit. If they wish to leave the precincts of the aerodrome at the first airport, their landing will be regulated in accordance with Sub-Order (1) (b) above. During their journey in India, the Commander of the Aircraft will take charge of their passports at the first airport and deliver them to the immigration authorities at the second airport, in order to distinguish them from internal passengers.
(3) Members of Aircrew who are not in Possession of Transit or Multi-Journey Visas.
Their landing will also be regulated in the same manner as transit passengers.
RESIDENTIAL PERMITS
908. (1) All foreigners, entering India irrespective of whether they have previously been in India or not, should be required to obtain residential permits under Paragraph 7 of the Foreigners Order, 1948. The period of validity of a residential permit issued to a foreigner is dependent on the validity of the visa granted to him.
(2) Residential permits will normally be issued to diplomatic and consular officers and their wives and children who are in possession of diplomatic visas, with the authorised period of stay indicated by the words "On Government duty" (or in the case of members of their family, "while husband/father, etc., etc., remains on Government duty".
(3) Diplomatic and consular officers and their wives and children who are in possession of diplomatic visas, which are limited to specified periods of stay in India, will be given residential permits for the periods mentioned in their visas. If, after they take up their posts, it transpires that they will be required to remain in India for a longer period, the validity of the residential permits issued to them will be extended to cover the duty period on application to the Government.
(4) The procedure for the issue and extension of residential permits in the case of non-diplomatic personnel and staff of consulates and members of their families will be the same as that for diplomatic and consular officers.
(5) Foreigners who are exempt from registration should be issued with residential permits at the port or place of entry itself. In all other cases, the residential permit should be issued at the time of registration.
(6) No residential permit need be issued to foreigners who stay in India for 30 days or less.
EXTENSION OF STAY
909. (1) Such of the Officers as may be specially empowered in this behalf, under the Foreigners Order, 1948, will exercise, in respect of the following classes of persons the powers conferred on the State Government by Paragraph 7 of the Foreigners Order to extend the period specified in a permit granted under the paragraph :
(a) Foreigners who are holders of transit visa, for the period necessary to make arrangements for their onward journey ;
(b) Foreigners who have been residing in India for a period of five years or more and are engaged in useful occupations for a period of one year at a time ;
(c) Foreigners in whose cases the Government of India have authorised the grant of an extension in the first instance for a period not exceeding that for which extension was initially authorised ;
(d) Foreigners admitted into India for medical treatment provided it is certified that their continued stay in India is essential for such treatment ;
(e) Foreigners who are employed either by educational institutions or as technical experts in firms, whose stay in India would be definitely in the national interest, extension for a period of one year at a time;
(f) Foreigners who have come to India on short visits of less than one year, for a period not exceeding two months ; and
(g) Foreign students coming to India to pursue regular academic studies in India. They come on student visa or provisional student visa. The name of the institution will also be included in the visa. The student visa fee remains a one time fee for the duration of the course and all extension within the duration of the course.
(2) The grant of extension of stay in cases mentioned in (b) and (f) above should be subject to the following conditions that :
(a) they entered India lawfully and for the purpose of the business at present pursued or for a cognate or authorised purpose. This will exclude diplomats, consuls or their staff, who entered in their official capacity and on termination of employment have remained in India.
(b) they have not come to adverse notice. Prosecution for breach of registration or other formalities and violation of such formalities will constitute 'adverse' notice although minor breaches may be ignored in suitable cases.
(c) they have Bonafide or settled business of work in India and in case of missionaries, necessary guarantee for their good behaviour and maintenance has been furnished.
(3) All doubtful cases, i.e., where the individual concerned is definitely due to adverse notice or otherwise, not eligible for further stay, should be referred to the Government.
(4) While granting extension of stay in India or forwarding applications of foreigners for extension of stay in India to the Government, it should be ensured that passports or other recognised travel documents are valid for sufficiently long periods. The passports should be valid for at least 60 days beyond the date upto which extension is applied for. Should a foreigner be not in possession of a passport valid for this period, he should, as an interim measure, be granted an extension of stay for a period of 60 days less than the expiry of his passport. Further extension should be granted only when he gets his passport renewed or obtains a new passport. In no case should passports of foreigners be taken away from them for the mere purpose of checking their validity.
(5) Types of Visa :
(i) Transit visa
(ii) Tourist Visa
(iii) Businessmen visa
(iv) Employment visa
(v) Long term visa
(vi) Short term visa
(vii) Student visa
(viii) X visa
(ix) Journalist visa
(x) Diplomatic visa
(xi) Official visa
(xii) Gratis visa
(xiii) Visitor Visa
(xiv) Multi Entry visa
(xv) Return visa:
(This visa will be granted by the State Registration Officer upto 90 days to those foreigners who have got valid residential permits)
“NO OBJECTION TO RETURN TO INDIA" ENDORSEMENT
910. (1) Such of the officers as may be specially empowered in this behalf and to the extent as may be authorised by the Government from time to time, may, without reference to Government, grant "No Objection to return to India" endorsement to the foreigners, under intimation to the Home Department, Government of Karnataka.
(2) All doubtful cases where the individual concerned has come to adverse notice or is not otherwise eligible for the grant of a "No objection to return to India" endorsement, should be referred to the State Government.
(3) To prevent a suspect foreigner from obtaining a "No objection" endorsement, the officers empowered should maintain a close liaison with the local and State Special Branch.
(4) The fee for the grant of a "No objection to return to India" endorsement is Rupee one per endorsement and may be obtained in postage stamps and cancelled.
ARREST OF FOREIGNERS
911. 1. (a) When a foreign national arrested on a criminal charges or a civil charges, it is possible that the Foreign consular Mission in India may wish to assist the nationals of their countries in regard to their defence before a Court of Law/or take such other action as they may deem appropriate in accordance with diplomatic practice and therefore the arrested foreigner should be specifically asked (a) whether he would like his embassy to be intimated about his arrest, and (b) whether he would like to be visited by any official of the embassy. If he replies to any of these two queries or to both these queries, the reply should be conveyed alongwith the details of his arrest to the Ministry of External Affairs within 48 hours directly through quickest means by Fax or T.P. Message addressed to Joint Secretary CPV (Chief of Passport and Visas), Ministry of External Affairs, New Delhi, with a copy marked to Home Secretary to Government of Karnataka and State Registration Officer, Bangalore
(b) As according to U.N.O. Convention on Consular Relations 1963 article 36 requires Communication and Contacts with Nationals of sending State,
(i) a counsular Officer of a foreign diplomatic mission is free to communicate with his nationals under arrest in India,
(ii) a foreign national under arrest has freedom to communicate with his embassy.
(iii) If a foreigner under arrest so requests the competent Indian Authority, i.e., the Ministry of External Affairs shall inform the concerned foreign diplomatic mission without delay about his arrest and request.
(iv) Any communication from an arrested foreign national to his embassy in New Delhi shall also be forwarded by the Ministry of External affairs to the foreign diplomatic mission.
(v) A consular officer of foreign diplomatic mission has a right of consular access i.e., to visit his national in prison, custody or detention if the foreign national under arrest does not expressly oppose such a visit.
c) INTIMATION OF ARREST SHOULD CONTAIN THE FOLLOWING INFORMATION.
(i) Address in foreign country.
(ii) Personal particulars.
(iii) Passport particulars.
(iv) Details of the offence leading to arrest.
(v) Information regarding the arrest of a foreigner who is not registered in this state will be passed on immediately to the Registration Officer in whose jurisdiction the foreigner has his registered address and intimation to the State Registration Officer. This will enable the Registration Officer with whom the foreigner is registered to keep a check on the movement of the foreigners.
(2) For preventing the possibility of the disappearance of foreigners who are involved in offences the following steps are useful.
(a) Prompt investigation of cases and putting up the person concerned for trial in the court quickly. The courts concerned could also be requested to expedite the disposal of the cases.
(b) Suitable restrictions on the movements of the foreigner concerned, including daily report to Police Station under paragraph ll of the foreigners order 1948, When the offence which he is accused-of is of heinous in nature, like narcotic smuggling etc. This will assist the Police in keeping track of the concerned foreigner.
(c) While granting bail, the court could be moved to make the bail subject to conditions similar to those in (b) above. The court could also be moved to have the cases disposed of on a top priority basis.
PROSECUTIONS
912. Section 14 of the Foreigners Act 1946, provides for penalties for contravention of not only the provisions of the Act, but any Orders made hereunder. It provides not only for imprisonment upto 5 years, but also for fine in addition.
All offences under the Foreigners Act, orders rules etc. are cognizable offences and they are non compoundable as they are offences against the state.
REGISTRATION UNDER REGISTRATION OF FOREIGNERS RULES, 1939, NO CONDONATION OF OFFENCES
913. In view of Section 8 of the Registration of Foreigners Act, 1939, the fact that a foreigner, who may have entered India in contravention of the Indian Passport Rules, 1950, has been registered does not affect his liability to be proceeded against under the Indian Passport Act, 1920.
PROOF OF IDENTITY OF FOREIGNERS
914. Particular attention of all officers is drawn to the following instructions regarding the Registration of Foreigners Act, 1939, the rules there under and the Foreigners Act, 1946.
(1) Burden of Proof : -Under Sec.4 of the Registration of Foreigners Act, 1939, and Sec.9 of the Foreigners Act, 1946, the burden of proving that a person suspected of being a foreigner is not a foreigner lies upon that person, and attention is drawn to Rules 8 and 9 of the Registration of Foreigners Rules, 1939, which give power to officers of and above the rank of Head Constable to demand the production of a passport and other proof of identity and to inspect certificates of registration. The account given of himself by a foreigner should be tested as far as possible and not be accepted too readily.
(2) Acceptance of Passports : - A passport issued not more than five years before the date of production should normally be accepted as sufficient proof of identity under Rule 8(1) of the Registration of Foreigners Rules, 1939. A renewed passport issued more than five years previously should also be accepted, if the Registration or other officer is satisfied that it establishes the identity of the foreigner. If, however, the photograph is faded or obsolete or the passport is in any way suspicious, further proof of identity should be demanded.
DEPORTATION OF UNDESIRABLE FOREIGNERS ON EXPIRY OF IMPRISONMENT
915. (1) Superintendents of Jails should always give advance previous notice to the concerned Superintendent, of the date and hour of the intended release of foreigners, against whom an order of deportation under Foreigners Act, 1946, has been issued so that suitable arrangements may be made for sending them out of India under police surveillance.
(2) When an undesirable foreigner is convicted and sentenced to imprisonment and it is considered desirable that he should be deported on the expiry of his term of imprisonment, an application for his deportation should be submitted to Government. If the Government considers that the foreigner should be deported, it will issue an order under Sec.3 of the Foreigners Act 1946 without waiting for his release. This order should be kept with the papers concerning the convict. When the time for the foreigners release approaches, the Jail authorities should communicate the date of release to the local Superintendent, who should then make necessary arrangements to take him over on release and serve the order of deportation by handing over a copy of the order to the foreigner under acknowledgement.
(3) The Superintendent who serves the order of deportation should give timely intimation of the departure of the foreigner to the representative concerned in India. He should submit a report to Government of the service of the order and should forward to Government along with the report, the duplicate copy of the order with service duly endorsed thereon, through the Registration Officer.
CORRESPONDENCE RELATING TO PASSPORTS AND VISAS
916. All references relating to passports and grant of visas will be dealt with expeditiously at every stage and reports on such references will be sent to the Government within the time prescribed.
DISTRICT POLICE TO REPORT THE MOVEMENTS OF FOREIGNERS
917. (1) The movements of foreigners, including their arrivals and departures, will be reported to the District Special Branch, direct by post by the Station House Officer concerned. Upon the appearance of a foreigner, about whose identity, conduct or demeanor, the Station House Officer entertains suspicion, he should send a special report to the Superintendent, sending copies of it to his Circle Inspector and Sub-Divisional Police Officer. The foreigner should be shadowed unobtrusively, if necessary. The Superintendent should take action on such reports as instructed by the State Intelligence, from time to time. If a foreigner is suspected of having taken part in a grave crime, State Intelligence should be immediately informed by the Station House Officer or any Officer above him. The foreigner should not be lost sight of till orders are received on such reports.
(2) If the foreigner should move out, the Station House Officer of the Station whose limits he is about to enter, should be warned by the speediest means available to expect his arrival and the Superintendent will inform the Superintendent of the district to which he moves, of the movement.
ENQUIRIES RELATING TO FOREIGNERS
(3) All important enquiries under the India Passport Act, 1920, Registration of Foreigners Act, 1939, and Foreigners Act, 1946, and the rules and instructions issued thereunder will be made by a responsible officer not below the rank of Sub-Inspector except in cases where it is required under the rules that an officer superior to him should attend to this work. Other routine enquiries may be entrusted to an intelligent and smart Head Constable. The enquiry reports should be prepared with care and should be based on facts, conjectures being avoided.
REGISTERS AND RECORDS
918. The Registration Officer will maintain a register of registrations and other records as contemplated in the executive instruction under the Registration of Foreigners Rules, 1939, and any other records as are ordered from time to time by the Government and the State Registration Officer.
DISTRICT SPECIAL BRANCH TO DEAL WITH WORK RELATING TO FOREIGNERS
919. (1) (a) Educated, polite and intelligent officers should be posted to the District Special Branch to deal with the work relating to foreigners at district headquarters. A separate room should be provided for reception of foreigners in those districts where this work is heavy. Records should be maintained in the District Special Branch in accordance with the instructions of the Deputy Inspector General, State Intelligence. These records should contain essential information like the names and particulars of foreigners, their dates of arrival, the dates of expiry of their passports and visas, the purpose of their journey or visit and local addresses. Card indices should also be maintained. The District Special Branch should keep the State Registration Officer promptly informed of the arrival and movements of all foreigners. The Superintendent should submit to the State Registration Officer, such information and statements as may be called for from time to time in this behalf.
(b) To prevent undesirable foreigners effecting their departure without the attention of the Registration Officer, the District Special Branch should consult the District Crime Record Bureau before discharging the formalities required under Rule 15 of the Registration of Foreigners Rules, 1939.
(2) Officers deputed to passport and registration work should be particularly smart and courteous.
CENTRAL FOREIGNERS BUREAU AND ITS FUNCTIONS
920. (1) To implement the procedure under the Registration of Foreigners Rules, 1939, a Central Foreigners Bureau is set up by the Government of India in the Ministry of Home Affairs, New Delhi. The functions of the Bureau are :-
(a) maintenance of all records in respect of every foreigner from the time of grant of visa to the time of his departure from India ;
(b) maintenance of up-to-date and complete statistics in respect of all foreigners in India :
(c) maintenance of records of movement of all foreigners visiting India;
(d) co-ordination of the work of all Registration Officers ; and
(e) taking steps to ensure that foreigners leave India within the authorised periods of their stay.
(2) When a foreigner leaves India by a port or place of entry other than the one through which he enters, intimation regarding such departure will be sent by the
Central Foreigners Bureau to the Registration Officer of the port or place of entry.
List of Documents to be Furnished by Registration Officers to the Central Foreigners Bureau and State Registration Officer
(3) A Registration Officer should furnish the following documents directly to the Central Foreigners Bureau, New Delhi, simultaneously sending copies of them to the State Registration Officer, Bangalore :
(a) Disembarkation/Embarkation Cards, completed by all foreigners entering/leaving India to be sent daily by the Port Registration Officer after keeping copies for his reference.
(b) Part II of Form 'A' - original copy to be sent to the Central Foreigners Bureau and duplicate copy to the State Registration Officer.
(c) Copies of reports of movements/itineraries submitted by non tourist foreigners registered in Form 'A'
(d) Copies of reports of changes of particulars in registration certificates of non-tourist foreigners.
(e) Return of extension of stay granted by the officers specially empowered in this behalf.
(f) Warning Circulars.
REPORT OF DEATH OF FOREIGNERS
921. (1) The death of all foreigners should be reported to the Joint Secretary, Chief of Passport and Visas, MEA New Delhi, State Registration Officer and State Government, within 24 hours. The following particulars should be given in the report.
(i) Name of the deceased.
(ii) Place of birth and nationality
(iii) Particulars as to family connections.
(iv) Approximate age at the time of death.
(v) Particulars as to property (if any)
(vi) Profession at the time of death
(vii) Place and date of death.
(viii) Cause of death and death Certificate in English.
(ix) Dependents or relations/friends, if any, in India, if so, whether they are aware of the event.
(x) Address of any relatives in the country of the deceased, if known.
(xi) Length of service (if employed in any organisation ) and
(xii) Remarks.
(2) The report should not be held up for want of any of the particulars not readily available. Information as and when becomes available should be sent promptly.
(3) Death of minors of foreign nationals also should be reported in the same manner.
EXTENSION OF STAY IN INDIA - PROCEDURAL DETAILS AND CHECK-LIST
922. (1) The State Registration Office functions as a liaison Office between the Foreigners Registration Officers and the Government. The Primary agency to regulate the movements of foreigners in the State is the Foreign Registration Office at the District Unit-level. The Government and the State Registration Office depend heavily on the reports sent by the Foreigners Registration Officers and very rarely parallel enquiries are initiated by the State Registration Office. That makes it very essential on the part of the F.R.Os to discharge their duties carefully so that the object of enforcing various enactments pertaining to Foreigners is not defeated.
(2) The applications for extension of Visa which are sent routinely by F.R.Os to THE State Registration Office should be promptly sent with all necessary details so that the matter can be dealt with expeditiously and overstayal of the foreigner as well as in convenience to him is avoided. The FROs should obtain relevant documents from the Foreigners seeking extension of stay in India. In this connection several Circulars have been issued and Unit Officers have to go through the Circulars.
(3) The following are the general documents to be sent alongwith the application for all the categories of foreigners.
1) Applications duly filled and signed by foreigner in duplicate.
2) Photostat copy of passport alongwith Visa Page.
3) Registration Certificates issued by the F R Os.
4) " A I D S" Screening Certificate issued by a Medical Institution
recognised by the Government of India. (All Foreigners who have attained
18 years and below 70 years of age intending to stay in India for more than
one year are required to produce AIDS Certificate)
5) Financial Guarantee given by a an Indian Citizen to a Foreigner on a Rs.10/-
Stamp Paper.
6) Photostat copy of the Bank Account and remittance.
7) Police Report in English from the jurisdictional Police Station where the
Foreigners reside.
The above documents are essential with reference to all categories of foreigners who seek extension of stay.
(4) The following are the documents to be sent with regard to the various categories of foreigners :
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CATEGORY OF FOREIGNERS DOCUMENT TO BE PRODUCED
AND TYPE OF VISA
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I. STUDENTS
a) All Students 1) Eligibility certificate issued by the issued by the Registrar of University/
PUC Board
2) Bonafide Certificate issued by the
Educational Institutions.
3) Financial Guarantee on a Rs.10/-
stamped paper.
b)Additional
documents to be
furnished by
i) Medical students Clearance obtained from the Ministry
of Health & Family Welfare,
Government of India, New Delhi.
ii) Technical students Letter of Nomination from Ministry
of External Affairs, Govt.of India, New
Delhi
iii) Iranian students Introduction letter from Iranian
Embassy.
iv) Trainee students Documents to show that the foreigner
is sponsored by W.H.O. Govt.of India,
etc.
v)) Pharmacy students Letter of Nomination from Ministry
of Human Resources Development.
vi) Failed students Marks card to be enclosed.
II. REFUGEES Refugee Certificate issued by United
Nations High Commissioner for
Refugees.
III. CHRISTIAN 1) Letter from the Missionary organisation
MISSIONARIES where the foreigner has been working.
2) Certificate to show that the Missionary
is working in a Recognised Missionary
Organisation (as per the list shown in the Visa
Manual)
3) Financial Guarantee
IV. YOGA, SPIRITUAL AND 1. Certificate from reputed and recognised
THEOLOGICAL STUDENTS Yoga/spiritual/ theological study centre
where the foreigner has been pursuing
higher studies.
2. Financial guarantee
V. RESEARCH SCHOLARS 1. Permission letter from Ministry of
Human Resources Development
2. Bonafide certificate issued by the
Registrar of the University concerned
indicating the type of research that is
being done.
3. Financial guarantee
VI. BUSINESSMEN 1. Permission from Reserve Bank of India
Under Section 29 of FERA 1973 to
establish business in India.
2. Clearance from the Government of
India.
VII. EMPLOYMENT IN INDIA 1. Permission from Reserve Bank of
India U/s 30 of FERA 1973 to take up
employment in India.
2. Letter of approval from the firm
VIII. OWNING IMMOVABLE Permission from Reserve Bank of
PROPERTY IN INDIA India U/s 20 of FERA 1973 for
appointment as Agents,Technicians
or Management Advisers in Company.
Approval from concerned Ministry,
Govt.of India.
IX. PERMANENT SETTLEMENT IN INDIA:
A) Foreigner of Indian origin 1. Document to show that he/she is
of Indian origin-birth certificate
etc.
2. Financial guarantee
B) Others 1. Sufficient documentary evidence to
establish his/her claim
2. Financial guarantee
X. A) FOREIGN WOMEN MARRIED 1. Marriage certificate.
TO INDIAN NATIONALS 2. Documentary proof to show that
they are married to Indian Nationals.
3. Financial guarantee
B) FOREIGNERS MARRIED Additional information (in addition
TO INDIAN WOMEN to Sl.No.1,2, in SII A) in the Proforma
prescribed as per Govt.of India letter
No.25022/365/87 FI dated 6.1.88
(Proforma enclosed). Appendix - XXVIII
XI. MEDICAL TREATMENT 1. Medical Certificate issued/ counter
signed by the District Medical Officer or Medical
officer of equivalent rank.
(5) The Police Officers and the staff connected with the foreigners work will have to familiarise themselves with the following check list relating to the foreigner's arrival, stay and departure for discharging their functions effectively and efficiently.
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Sl.No. Stage Checks Reference
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a) Arrival 1.Foreigner should have a valid Passport(entry
passport issued by the Govern- into India) Act
ment of his home country. 1920 Rules 1950.
2. Passport should bear a photo-
graph of the foreigner and other
details, such as identification
mark etc.
3. The arrival stamp affixed by
the India checkpost should be
checked to see whether the
foreigner entered India via
recognized check post or
clandestinely.
4. Visa stamp affixed should be
checked and its validity noted.
5. The authority who issued visa
should be noted from the passport.
6. His/Her previous entry into
India should be noted from the
Passport
7. Where there is suspicion the
foreigner should be questioned
and answers elicited to find out
whether there is any impersonation.
8. Registration Officer should Rule(7) of
issue Residential Permit to the Foreigners
foreigner on the basis of visa. Rules 1948.
b) Registration 9. The foreigner should register Ref. Regis-
himself with the Registration tration of
Officer within 7 days of his Foreigners
arrival, if his stay is likely Rules
to exceed 90 days.
10. Children below 16 years of
age exempted from registration.
11. Foreigners who come to India
for stay not exceeding 90 days
are not to be registered.
12. Part II of Registration certificate
should invariably be sent to the
Central Foreigners Bureau (MHA)
13. Duplicate of Part II of Registration
certificate should be sent to State
Registration Officer.
14. When a foreigner changes
residence, action should be taken
as detailed at Rule 11 of the
Executive Instructions. His
Registration Certificate should
be taken in transfer or sent on
transfer as the case may be.
15. Periodical check of foreigners
and the validity of Residential
Permit and Passport should be
arranged.
16.Every foreigner who desires Chapter XV 98
to extend his stay beyond the visa Manual &
validity of his visa should G.O.Circular
apply for such extension of
stay, at least 3 months earlier
to the expiry of his/her Reside-
ntial Permit.
17. The extension application
should be submitted in the
prescribed form in duplicate.
18. The District Registration
Officer should submit his report
in the proforma prescribed in
G.O. No.HD 67 PFR 78 dated:
8.2.78.
19. Extension application should
specify the ground on which
extension of stay is sought for.
20. The financial guarantee for
the foreigner should be checked.
21. If the application for extension
of stay is on medical grounds,
a Medical certificate in the
prescribed manner duly
countersigned by the District
Surgeon of the District in which
the foreigner is residing should
accompany the application.
22. Students applying for extension Circular from
of stay should produce a the Minister
certificate from the Head of of Edn., Govt.
the Institutions and the of India (Ref.
Registration Officer can grant this Office
first extension of stay. Circular No.1/
FRS-IB/74 dt.
15.3.74 HD 188
PFR 75, dated 2.9.76
23.Before recommending exten-
sion of stay the Registration
Officer should check up whether
the foreigner is the subject of
any Warning Circular issued by
the Government of India in which
case, extension should not be
recommended. For this purpose
warning circulars should be
indexed alphabetically.
24. Change of purpose of visa Ref.Passport
should normally not be accepted (Entry into
while dealing with such cases . India)act,1920
Instructions applicable to vari- and Rules of
ous categories of visa holders 1950
should be checked up. Foreigners
who enter India without a valid
passport and valid visa are to
be dealt with as per Rule 6 of
Foreigners Act.
25.The District Registration Ref : No.HD 188
Officer can grant extension upto PFR 75 dt.2.9.76
3 months to foreign tourist/
casual visitors subject to
conditions that the total period
of such persons does not exceed
six months from the date of their
arrival.
26.Foreigners who come to India Govt. of India
as Tourists are not ordinarily No.I-14017-323/
eligible for extension of stay, 72-F.I DT.3.8.73
beyond 180 days and for any communicated by
purpose other than tourism. the State Govt.
vide No.HD PFR
72 dt.30.8.73.
c) Departure 27. Registration Officer should
endorse 'No objection to Leave
India' when the intended depar-
ture is reported.
28. If Check Post does not
confirm final departure, Look
Out notice should be issued to
all CIDs in India.
d) Return Visa Return Visa endorsements to Simplified Endorsements
foreigners are issued by the procedure communicated
State Registration Officer. in Govt. Circular
The following conditions are No. HD 3 MISC 69
to be observed Dated : 10.2.69
CONDITIONS
The foreigners should have a
visa/or been permitted to stay
in India for at least one year.
The prescribed fees should be
remitted to the Treasury. The
schedule of visa fees should be
referred in this behalf. No fee
is to be realised from those
entering India on gratis visa.
29. Return Visa valid for an
absence of 3 months from India.
30.Return visa is granted only
within the validity of the
Residential permit.
31.State Registration Officer or
Govt. Only can grant the Return
Visa endorsement.
32.The Foreigner should submit
the application for grant of
Return visa Endorsement in
Triplicate which should be
forwarded to State Registration
Officer without delay.
33.Those re-entering India on the
strength of Return visa are not
to be registered afresh.