India: S.R.O. 1369 of 1957, Registration of Foreigners (Exemption) Order, 1957

In exercise of the powers conferred by Section 6 of the Registration of the Foreigners Act, 1939 (16 of 1939) and in supersession of the Registration of Foreigners (Exemption) Order, 1949, the Central Government hereby makes the following order, namely:-

1.

This Order may be called the Registration of Foreigners (Exemption) Order, 1957.

2.

The provisions of the Registration of Foreigners Rules, 1939 (herein after referred to as the said Rules) shall not apply to, or in relation to, any person who has attained sixteen years.

3.

[(1)The provisions of the said Rules, except Rules 8 and such of the provisions of Rules 4, 14, 15 and 16 as apply to, or in relation to, passengers and visitors who are not foreigners, shall not apply to, or in relation to, any citizen, not being a person who is in India for or in connection with missionary work, or who, or either of whose parents or any of whose grand-parents, was at any time a Chinese National of Australia, Barbodos, Botswana, Ceylon, Cyprus, Gambia, Ghana, Guyana, Jamaica, Kenya, Lesotho, Malwi, Malaysia, Malta, New-Zealand, Nigeria, Pakistan, Sierra-Leone, Singapore, Trinidad and Tobago, Uganda, United Republic of Tanzania and Zambia; and any other country which may hereafter become member of the Commonwealth.

Provided that citizens of India are exempt from similar regulations], if any, in force in such country omitted].

(2)The provisions said Rules, Except Rules 4-A, 8 and 14 and such of the provisions of Rules 4, 15 and 16 as apply to or in relation to, passengers and visitors who are not foreigners, shall not be apply to, or in relation to:-

(a)(omitted by G.S.R. No. 72, dated the 9th January, 1967).

(b)(omitted)

(c)(omitted by G.S.R. No. 72, dated the 9th January, 1967).

(d)any foreigner in the service of the Government of India or any State Government;

(e)any foreigners who is a diplomatic courier holding a diplomatic passport;

(f)any citizen of the United States of America who holds a "Official Passport" issued by the Government of that country or by a duly authorised representative of that Government;

(g)any official of the Government of Burma proceeding to India on duty who holds a "Special Passport" issued by that Government or by a duly authorised representative of that Government and bearing an "Official" visa valid for entry into India;

(h)any person duly appointed by a foreign Government to exercise diplomatic functions, any consul or vice-consul, or the wife and any child of that person;

(i)any person of Asian birth who by any law for the time being in force is not required to obtain a visa for the purpose of entering India and who is a subject of any State having sovereignty over any territory of which the boundaries are coterminus with the boundaries, external or internal, of India;

(j)representatives of Members to the Principal and Subsidiary Organ of the United Nations or its Specialised Agencies and to Conferences convened by the United Nations or the Specialised Agencies visiting or passing through India in exercise of their functions, and spouse of such representative; officials of the United Nations or its Specialised Agencies together with their spouses and relatives dependent on them; Experts performing missions for the United Nations or its Specialised Agencies who are in possession of United Nations Laissezpassers or any other document indicating their status with the United Nations or the Specialised Agencies;

(k)any foreigner not specified in any of the preceding clauses of this Order who enters India solely in transit to a destination beyond India for so toner as he is authorised to travel in India under a licence previously obtained by him from the Registration Officer of the place at which he enters India and complies with such conditions as to route and other matters as may be specified in the said licence;

(l)(Omitted by G.S.R. No. 1455, dated the 20th September, 1967);

(m)any person of Indian origin domiciled in the Union of South Africa.

(3)The provisions of Rule 4-A of the said Rules shall not apply to, or in relation to:

(a)any indigenous inhabitant of the Tibet region of China;

(b)any person who is a subject of Bhutan;

(c)any person who is a subject of Sikkim;

(d)any person who is a national of Nepal; and

(e)(omitted by G.S.R. No. 1455, dated the 20th September, 1967).

3-A.

(Omitted by G.S.R. No. 74, dated 12-1-1959).

4.

Where permission in writing from the Registration Officer to land is obtained, the provisions of Rules 8 and 14 of the said Rules shall not apply to, or in relation to, any passenger who arrives in Indian on any vessel in transit to a destination beyond India who re-embarks and continues his journey on the vessel on which he arrived in India.

5.

The provisions of Rules 4, 15, and 16 of the said Rules shall not apply to, or in relation to, any passenger to whom clause 3 of this Order applies and who enters or departs from India or any vessel travelling solely between a port in India and a port in Pakistan, Ceylon, Portuguese Possessions in India, the Federation of Malaya, Singapore, the Persian Gulf of Makrana.

6.

The provisions of Rule 14 of the said Rules shall not apply to, or in relation to, any person to whom clause 3 of this Order applies and who is proceeding to, or returning from, the Hedjaz on pilgrimage, when such person is staying at a hotel at a port of departure for, or arrival from the place of pilgrimage.

7.

The provisions of the said Rules except Rules 8 and 14 and clause (e) of In clause (e) of In sub-Rule (1) of Rule 16 shall not apply to, or in relation to, any seaman as defined in the said Rules who is not a resident of India and does not land in India, for discharge or on shore leave, during the period that the vessel in which such seaman is employed remains at a port in India.

8.

Where by virtue of any of the foreigner clauses, a foreigner is exempt from the application, or in relation to him of the provisions of Rules 5 and 6 of the Registration of Foreigners Rules, 1939, and such exemption ceases to be operative, then, the provisions of the said Rules 5 and 6 shall apply to, or in relation to, such foreigner as it entered India on the date of the ceaser of such exemption or on the date of the commencement of the Foreigners (Exemption) Amendment Order, 1965, whichever Is later.