[Act
3 of 1864] [12th
February, 1864] Repealed by Act 31 of 1946 PASSED BY THE GOVERNOR-GENERAL OF
INDIA IN COUNCIL. (Received the assent of the
Governor-General on the 12th February 1864.) An Act to give the Government certain
powers with respect to Foreigners. Whereas it is expedient to
make provision to enable the Government to prevent the subjects of Foreign
States from residing or sojourning in British India, or from passing through or
travelling therein, without the consent of the Government; It is enacted as
follows. The
following words and expressions in this Act shall have the meanings hereby
assigned to them, unless there be something in the subject or context repugnant
to such construction, that is to say. ?British India.? The words ?British
India,? shall denote the Territories which are or may become vested in Her Majesty by the Statute 21 and 22 Victoria, Chap.
106, entitled ?An Act for the better Government of India?: ?Local Government.? The words ?Local
Government,? shall denote the persons authorized to administer the Executive
Government in any part of British India, or the Chief Executive Officer of any part of British India under the immediate
administration of the Governor-General of India in Council, when such Chief
Executive Officer shall, by an order of the Govern or General of India in
Council published in the Gazette of India, be authorized to exercise the powers
vested by this Act in a local Government: ?Foreigner.? The word ?Foreigner?
shall denote a person, not being either a natural-born subject of Her Majesty
within the meaning of the Statute 3 and 4 William IV, Chap. LXXXV, Section 81,
or a Native of British India: ?Magistrate of the District.? The
words ?the Magistrate of the District,? shall denote the Chief Officer charged
with the Executive administration of a District and exercising the powers of a
Magistrate, by whatever designation the Chief Officer charged with the
Executive administration is styled, or, in the absence of such Officer from the
Station at which his Court is usually held, the Senior Officer at the Station
exercising the powers of a Magistrate as defined in the Code of Criminal
Procedure: ?Vessel.? The word ?Vessel? shall
include any thing made for the conveyance by water of human beings or property: Number. Words importing the singular
number shall include the plural number, and words importing the plural number
shall include the singular number: Gender. Words importing the masculine gender shall include females. If a
question shall arise whether any person alleged to be a Foreigner and to be
subject to the provisions of this Act is a Foreigner or not, or is or is not
subject to the provisions of this Act, the onus of proving that such person is
not a Foreigner, or is not subject to the provisions of this Act, shall lie
upon such person. The
Governor-General of India in Council may, by writing, order any Foreigner to
remove himself from British India, or to remove himself therefrom by a
particular route to be specified in the order; and any local Government may, by
writing, make the like order with reference to any Foreigner within the
jurisdiction of such Government. If any
Foreigner ordered to remove himself from British India, or ordered to remove
himself therefrom by a particular route, shall neglect or refuse so to do; or
if any Foreigner, having removed himself from British India in consequence of
an order issued under any of the provisions of this Act, or having been removed
from British India under any of the said provisions, shall wilfully return
thereto without a license in writing granted by the Governor-General of India
in Council or by the local Government under whose order he shall have removed
himself or been removed, ?such Foreigner may be apprehended and detained in
safe custody, until lie shall be discharged therefrom by order of the
Governor-General of India in Council, or of the local Government within whose
jurisdiction he shall be so apprehended or detained, upon such terms and
conditions as the said GoVernor-General of India in Council or local Government
shall deem sufficient for the peace and security of British India, and of the
Allies of Her Majesty, and of the neighbouring; Princes and States. Whenever
the Governor-General of India in Council shall consider it necessary to take
further precautions in respect of Foreigners residing or travelling in British
India or any part thereof, it shall be lawful for the Governor-General of India
in Council, by a Notification published in the Gazette of India, to order that
the provisions of this and the subsequent Sections of this Act shall be in
force in British India, or in such part thereof as shall be specified in such
Notification, for such period as shall be therein declared; and thereupon, and
for such period, the whole of this Act including this and the subsequent
Sections shall have full force and effect in British India or such part thereof
as shall have been so specified. The Govern or General of India in Council may
from time to time, by a Notification published as aforesaid, cancel or alter
any former Notification which may still be in force, or may extend the period
declared therein. Provided
that none of the provisions of this or the subsequent Sections of this Act
shall extend to any Foreign Minister duly accredited by his Government; to any
Consul or Vice-Consul; to any person under the age of fourteen years; or to any
person in the service of Her Majesty. Every
Foreigner on arriving in any part of British India in which all the provisions
of this Act are for the time being in force under an order issued as provided
in the last preceding Section, from any port or place not within British India,
or from any port or place within British India where all the provisions of this
Act are not in force, shall, if he arrive at a Presidency Town forthwith report
himself to the Commissioner of Police of such Town, or, if he arrive at any
other place then he shall forthwith report himself to the Magistrate of the
District, or to such other Officer as shall be appointed to receive such
reports, by the Governor-General of India in Council or by the local Government
of such place. The
report shall be in writing, and shall be signed by the person reporting
himself, and shall specify his name or names, the Nation to which he belongs,
the place from which he shall have come, the place or places of his
destination, the object of his pursuit, and the date of his arrival in such
Presidency Town or other place. The report shall be recorded by the Officer to
whom it is made. The
provisions of the last two preceding Sections shall not extend to any person
being the Master or Commander of a vessel or employed therein, but if any such
person shall be in any part of British India in which all the provisions of
this Act are for the time being in force, after lie shall have ceased to be
actually employed in a vessel, he shall forthwith report himself in manner
aforesaid. If any
Foreigner shall neglect to report himself as required by this Act, he may be
dealt with in the manner hereinafter provided in respect of Foreigners
travelling without a license. No
Foreigner shall travel in or pass through any part of British India in which
all the provisions of this Act are for the time being in force without a
license. Licenses
under this Act may be granted by the Governor-General of India in Council or by
any of the local Governments, under the signature of a Secretary to the Government
of India or to such local Government as the case may be, or by such other
Officers as shall be specially authorized to grant licenses by the
Governor-General of India in Council, or by any of the local Governments. Every
such license shall state the name of the person to whom the license is granted,
the Nation to which he belongs, the District or Districts through which he is
authorized to pass or the limits within which he is authorized to travel, and
the period (if any) during which the license is intended to have effect. The
license may be granted subject to such conditions as the Governor-General of
India in Council or the local Government may direct, or as the Officer granting
the license may deem necessary. Any license may be revoked at any time by the
Governor-General of India in Council, or by the local Government of any part of
British India in which all the provisions of this Act are for the time being in
force and in which the Foreigner holding the same may be, or by the Officer who
granted the license. If any
Foreigner travel in or attempt to pass through any part of British India
without such license as aforesaid, or beyond the Districts or, limits mentioned
therein, or after such license shall have been revoked, or shall violate any of
the conditions therein specified, he may be apprehended without warrant by any
Officer exercising any of the powers of a Magistrate, or by any European
Commissioned Officer in the service of Her Majesty, or by any member of a
Volunteer Corps enrolled by authority of Government whilst on duty, or by any
Police Officer. If any
person be apprehended by a person not exercising any of the powers of a
Magistrate and not being a Police Officer, he shall be delivered over as soon
as possible to a Police-Officer, and forthwith carried before the Magistrate of
the District. Magistrate to report to Government.
Whenever any person shall be apprehended by or taken before the Magistrate of
the District, such Magistrate shall immediately report the case to the local Government to which he is subordinate, and shall cause the person
brought before him to be discharged, or to be conveyed to one of the Presidency
Towns, or pending the orders of such Government to be detained. Any
person apprehended or detained under the provisions of this Act, may be
admitted to bail by the Magistrate of the District, or by any Officer
authorized to grant licenses, and shall be put to as little inconvenience as
possible during his detention in custody. The
local Government of any part of British India in which all the provisions of
this Act are for the time being in force, may order any person apprehended or
detained under the provisions of this Act to remove himself from any such part
of British India, by sea or by such other route as the said local Government
may direct; or the said local Government may cause him to be removed from such
part of British India by such route and in such manner as to such local
Government shall seem fit. The, Governor-General of India in Council may
exercise all the powers given by this-Section to any local Government. The
Governor-General of India in Council may by order prohibit any person or any
class of persons not being natural-born subjects of her Majesty within the
meaning of the Statute 3 and 4 William IV, chap. LXXXV, Section 81, from
travelling in or passing through any part of British India in which all the
provisions of this Act may for the time being be in force, and from passing
from any part thereof to another without a license to be granted by such
Officer or Officers as shall be specified in the order: and if any person so
prohibited shall wilfully disobey such order, he may be apprehended without
warrant by any of the Officers specified, in Section XIV of this Act, and carriod
before the Magistrate of the District, and dealt with under the provisions of
Section XVII in the same manner as if he were a Foreigner: and the
Governor-General of India in Council may order such person to be detained in
safe custody or under the surveillance of the Police so long as it may be
deemed necessary for the peace and security of British India or any part
thereof. The
local Government of any Presidency or place in which all the provisions of this
Act may for the time being be in force, may by order prohibit any person or any
class of persons not being natural-born-subjects of Her Majesty within the
meaning of the Statute 3 and 4 William IV, chap. LXXXV, Section 81, from
travelling in or passing through such Presidency or place or any part thereof,
and from passing from any part thereof to another, without a license to be
granted by such Officer or Officers as shall be specified in the order; and if
any person so prohibited shall wilfully disobey such order, he may be
apprehended without warrant by any of the Officers specified in Section XIV of
this Act, and carried before the Magistrate of the District, and dealt with
under the provisions of Section XVII in the same manner as if lie were a
Foreigner; and the local Government may order such person to be detained in
safe custody or under the surveillance of the Police so long as it may be
deemed necessary for the peace and security of British India or any part thereof. It
shall be lawful for the Commissioner of Police, or for the Magistrate of the
District, or for any Officer appointed to receive reports as mentioned in the
sixth Section of this Act, or for any Police Officer under the authority of
such Commissioner or Magistrate, to enter any vessel in any port or place
within British India in which all the provisions of this Act may for the time
being be in force, in order to ascertain whether any Foreigner bound to report
his arrival under the said Section VI of this Act is on board of such vessel;
and it shall be lawful for such Commissioner of Police, Magistrate, or other
Officer as aforesaid, to adopt such means as may be reasonably necessary for
that purpose; Master of vessel to furnish list of
passengers, and to give information respecting them. and the Master or
Commander of such vessel shall also, before any of the passengers are allowed
to disembark, if he shall be required so to do by such Commissioner of Police.
Magistrate, or other Officer as aforesaid, deliver to him a list in writing of
the passengers on board, specifying the ports or places at which they embarked,
and the ports or places of their disembarkation or intended disembarkation, and
answer to the best of his knowledge all such questions touching the passengers
on board the said vessel, or touching those who may have disembarked in any
part of British India, as shall be put to him by the Commissioner of Police,
Magistrate, or other Officer as aforesaid. Foreigner refusing to give account of
himself, not to be allowed to disembark. If any Foreigner on board such vessel
in any part of British India shall refuse to give an account or his objects of
pursuit in India, or if his account thereof shall not be satisfactory, the
Officer may refuse to allow him to disembark, or he may be
dealt with in the same manner as a Foreigner travelling in British India
without a license. If the
Master or Commander of a vessel shall wilfully give a false answer to any
question which by Section XX of this Act he is bound to answer, or shall make
any false report, he shall be held to have committed the offence specified in
Section 177 of the Indian Penal Code. If the
Master or Commander of any vessel shall wilfully neglect or refuse to comply
with the requisitions of this Act, he shall, on conviction before the
Magistrate of the District or a Justice of the Peace, be liable to a fine not
exceed-two thousand Rupees. Whoever
intentionally obstructs any Officer in the exercise of any of the powers vested
in him by this Act, shall be held to have committed the offence specified in
Section 186 of the Indian Penal Code. All
fines imposed under this Act may, according as they shall have been imposed for
offences committed within or for offences committed-beyond the limits of the
Towns of Calcutta, Madras and Bombay, be recovered by a Magistrate of Police or
by the Magistrate of the District in the manner prescribed in Section XXVI of
Act XLVIII of 1860 (to amend Act XIII of 1856 for regulating the Police of
the Towns of Calcutta., Madras, and Bombay, and the several Stations of the
Settlement of Prince of Wales Island, Singapore, and Malacca). The
Governor-General of India in Council, or the local Government of any part of
British India in which this Act may for the time being be in force, may exempt
any person, or any class of persons, either wholly or partially, or temporarily
or otherwise, from all or any of the provisions of this Act contained in and of
the Sections subsequent to Section V, and may at any time revoke any such
exemption.Foreigners
Act, 1864 [Repealed]
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