New law to put onus on institutions to inform about foreigners in their facility
The new law seeks to repeal existing four laws that govern various aspects related to foreigners in India and define the powers of immigration authorities.
New Delhi: A comprehensive new legislation to deal with the entry, exit, stay and travel documents of foreigners in India puts the onus on the universities, other educational institutions, hospitals, nursing homes and even owners of private residences to inform the authorities about stay of any foreigner(s) in their facility.
The immigration and foreigners bill, 2025, which is likely to be introduced by Union home minister Amit Shah in this session of Parliament, also obligates the carriers to remove a passenger who has denied entry by the immigration officer(s), besides providing advance passenger and crew data to the authorities. The violating carriers may face penalty up to ₹5 lakh
The new law seeks to repeal existing four laws - the foreigners act, 1946; the immigration (carriers’ liability) act, 2000; the foreigners act, 1946 and the passport (entry into India) act, 1920, which currently govern various aspects related to foreigners in India and define the powers of immigration authorities.
According to the statement of objects and reasons of the new bill, seen by HT, “The acts, namely the passport (entry into India) act, 1920, the registration of foreigners act, 1939 and the foreigners act, 1946 are not only of pre-constitution period, but also, they were brought into extraordinary times of first and second world wars. While there is an underlying continuity and commonality of objectives among the four Acts, there are some overlapping provisions among the said acts.”
“...there is a necessity to repeal all the aforesaid four Acts and to enact a new comprehensive legislation, namely the immigration and foreigners bill, 2025,” it added.
The law gives powers to the Centre to provide for requirement of passports or other travel documents in respect of persons entering into and exiting from India and for regulating matters related to foreigners including requirement of visa and registration.
“The proposed legislation is being enacted to avoid multiplicity and overlapping of laws on the same or related subject and to comply with the government of India’s policy of simplification of laws,” the statement said.
In the new bill, sub-section 3 of clause 8 states that “If in any area as may be specified in this behalf, the civil authority so directs, it shall be the duty of every person occupying or having under his control any residential premises to submit to the Registration Officer in such manner such information in respect of foreigner accommodated in such premises as may be specified.”
Similarly, for universities and educational institutions, Clause 9 says - “Every university and educational institution or any other institution admitting any foreigner shall furnish information to the Registration Officer in respect of such foreigner in such manner as may be prescribed”.
Clause 10 says that - “every hospital, nursing home or any other such medical institution providing medical, lodging or sleeping facility in their premises shall furnish information in respect of any foreigner taking indoor medical treatment or their attendant for whom such lodging or sleeping facility has been provided to the Registration Officer in such manner as may be prescribed”.
On liability of carriers, the new bill has a separate chapter detailing added provisions, which were not there in the existing immigration (carriers’ liability) act, 2000.
For instance, Clause 17 in the new law mandates that a carrier landing or embarking at a port or place in India shall furnish the passenger and crew manifest; advance passenger information data of passengers and crew on board of such aircraft, vessel or other mode of transport.
“If any foreigner whose entry has been refused, such foreigner shall be handed over to the carrier by the immigration officer and it shall be the responsibility of that carrier to ensure his removal from India without delay,” the provisions in new bill state.
The new bill increases the penalty on carriers in violation from the existing ₹1 lakh to ₹2 lakh, which can be further extended up to ₹5 lakh.
For individuals who use a forged passport or other travel document or visa for entering or staying in India, the maximum punishment has been reduced from eight years (in the existing foreigners act, 1946) to seven years in the new law.
According to the latest ministry of home affairs (MHA) data, a total of 98,40,321 foreigners visited India between April 1, 2023, to March 31, 2024.