The role of universities, hospitals, and other medical institutions admitting foreign nationals will be specified, along with matters related to passports and visas, when a new legislation planned by the Modi government comes into effect. Among the key provisions in the new Bill is a penalty up to Rs 5 lakh for unauthorised entry, and up to Rs 10 lakh for fake passport.
The Immigration and Foreigners Bill, 2025, is likely to be introduced by Union Home Minister What Shah in the ongoing Budget session of Parliament.
The proposed legislation will replace the existing laws — the Passport (Entry into India) Act, 1920; the Registration of Foreigners Act, 1939; the Foreigners Act, 1946; and the Immigration (Carriers’ Liability) Act, 2000.
The proposed legislation is to be enacted to confer upon the Central government certain powers to provide for the requirement of passports or other travel documents in respect of people entering and exiting India and for regulating matters related to foreigners.
According to the Statement of Objects and Reasons of the Immigration and Foreigners Bill, 2025, it provides for matters relating to immigration, namely the functions of immigration officers, the requirement of passports and visas and other matters.
It will specify the matters relating to foreigners and their registration, the provisions relating to the obligation of universities and educational institutions admitting any foreigner, the obligation of hospitals, nursing homes or any other medical institution admitting foreigners.
The Bill will have provisions relating to foreigners whose movements are restricted, the power of civil authority to control places frequented by foreigners, the provisions relating to the liability of carriers and its obligations, the offences and punishment for contravention of certain provisions of the proposed legislation and the composition of offences.
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The power of the Central government to issue orders for the removal of foreigners, to delegate and exempt will be specified by the Bill.
Currently, matters relating to foreigners and immigration are administered through the Foreigners Act, 1946 (31 of 1946) and the Immigration (Carriers’ Liability) Act, 2000, (52 of 2000).
The Foreigners Act of 1946 was enacted to confer upon the Central government certain powers in respect of foreigners.
The Immigration (Carriers’ Liability) Act, 2000 was enacted to make the carriers liable in respect of passengers brought by them into India in contravention of the provisions of the Passport (Entry into India) Act, 1920 (34 of 1920) and the rules made thereunder and matters connected therewith.
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The other relevant Acts relating to foreigners and immigration are the Passport (Entry into India) Act, 1920 and the Registration of Foreigners Act, 1939, (16 of 1939).
These two Acts were enacted to take power to require passports of persons entering India; and to provide for the registration of foreigners in India.
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 the 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 laws.”
In view of the reasons mentioned in the preceding paragraphs, 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,” the Statement of Objects and Reasons says. With PTI
