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The Foreigners Law (Application And Amendment) Act 1962

Extraordinary Gazette Notification dated 26th November, 1962 as notified by Ministry of Law (Legislative Department), is reproduced as under:—

“The following Act of Parliament received the assent of President on the 24th November, 1962, and is hereby published for general information:-

No. 42 of 1962
[24th November, 1962.]

An Act to apply the Registration of Foreigners Act, 1939 and the Foreigners Act, 1946 to certain persons to whom they do not at present apply and further to amend the Foreigners Act, 1946.

BE it enacted by Parliament in the Thirteenth Year of the Republic of India as follows:—

1. Short title.—
This Act may be called the Foreigners Law (Application and Amendment) Act, 1962.

2. Application of Act 16 of 1939 and Act 31 of 1946 to certain persons.—
Notwithstanding anything contained in any other law for the time being in force, the provisions of the Registration of Foreigners Act, 1939, and the Foreigners Act, 1946, and of the rules and orders made thereunder shall apply to and in relation to any person who, or either of whose parents, or any of whose grand-parents was at any time a citizen or subject of any country at war with, or committing external aggression against, India or of any other country assisting the country at war with, or committing such aggression against, India, as they apply to and in relation to foreigners as defined for the purposes of those Acts.

3. Amendment of Act of 31 of 1946.—
In the Foreigners Act, 1946,—

 (a) In section 3, after clause (f) of sub-section (2), the following clause shall be inserted, namely: —
   "(g) shall be arrested and detained or confined;";

 (b) in section 4,—
   (i) before sub-section (2), the following sub-section shall be inserted, namely: —
      "(1) Any foreigner (hereinafter referred to as an internee) in respect of whom there is in force any order made under clause (g) of sub-section (2) of section 3, directing that he be detained or confined, shall be detained or confined in such place and manner and subject to such conditions as to maintenance, discipline and the punishment of offences and breaches of discipline as the Central Government may from time to time by order determine.";

   (ii) for sub-sections (3) and (4), the following sub-sections shall be substituted, namely: —
      "(3) No person shall—
         (a) knowingly assist an internee or a person on parole to escape from custody or the place set apart for his residence, or knowingly harbour an escaped internee or person on parole, or
         (b) give an escaped internee or person on parole any assistance with intent thereby to prevent, hinder or interfere with the apprehension of the internee or the person on parole.
      (4) The Central Government may, by order, provide for regulating access to, and the conduct of persons in, places in India where internees or persons on parole are detained or restricted, as the case may be, and for prohibiting or regulating the despatch or conveyance from outside such places to or for internees or persons on parole therein of such articles as may be prescribed.".

4. Repeal and saving.—
(1) The Foreigners Law (Application and Amendment) Ordinance, 1962 (5 of 1962), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act, as if this Act and commenced on the 26th October, 1962.”

Extra Notes for Readers

(1) Section 3 was repealed by Repealing and Amending Act, 1974 (56 of 1974), s. 2 and the First Schedule, (w.e.f. 20-Dec-1974)

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