REGISTERED No. D. 221 The Gazette of India EXTRAORDINARY PUBL1SHED BY AUTHORITY
PART II—Section 1 No. 48] NEW DELHI, TUESDAY, OCTOBER 30, 1962/KARTTKA 8, 1884 THE FOREIGNERS LAW (APPLICATION AND AMENDMENT) ORDINANCE, 1962 No. 5 OF 1962 Promulgated by the President in the Thirteenth Year of the Republic of India.
An Ordinance 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.
WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action;
Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance: —
1. (i) This Ordinance may be called the Foreigners Law (Application and Amendment) Ordinance, 1962.
(?) It shall be deemed to have come into force on the 26th October,
1962.
Short title and commencement.
?.. 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 not of Indian origin who was at birth 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.
16 of 1939.
31 of 1946.
Application of Act 16 of 1939 and Act 31 of 1946 to certain persons.
349 350 THE GAZETTE OF INDIA EXTRAORDINARY [PART II
Explanation.—For the purposes of this section, a person not of Indian origin means a person other than a person of Indian origin within the meaning of the Explanation to sub-section (1) of section 5 of the Citizenship Act, 1955. 57 of 1955.
3. 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 ihe Central Government may from time to time by order determine.";
(ii) for aub-sections (3) and (4), the following subsections 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.".
Amendment of Act 31 of
1046.
S. RADHAKRISHNAN, President.
R. C. S. SARKAR, Secy, to the Govt. of India.
PRINTED IN INDIA BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS, K«W DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, 1962