Amendment Of Process Of Registration Of Foreign Visitors In India

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Friends,

Pl find attached Registration of Foreigners (Amendment) Rules 2016 notified on 18.3.2016.

The purpose behind the amendment of the Registration of Foreigners Rules, 1992 to omit the said rules, along with the forms, and re notify them under the Foreigners Act, 1946 was to remove ambiguity in the existing provisions and to streamline the procedure. Both Rule 7 of the Foreigners Act, 1946, and Rule 14 of the Registration of Foreigners Rules, 1992 made it obligatory for hotels to maintain a record/register of foreigners' staying at their premises. However, there were different penalties for violation of the said rules as well as different follow-up procedures under the two Acts, leading to confusion.

For example, while the penalty for violation under Registration of Foreigners Rules was up to one-year imprisonment with fine for a foreigner and just Rs 500 for an Indian citizen, the penalty under Foreigners Act was up to five-year imprisonment. The said rules are now included under one Act, the Foreigners Act in this case, to avoid any ambiguities due to clash in penalty and procedures.

One of the rules omitted from Registration of Foreigners Rules, 1992 is Rule 14, regarding report to be made to and by hotel-keepers to the registration officer along with Form 'C' (arrival report of foreigner in hotel) and Form 'F' (hotel register). The other rule is Rule 18 regarding report to be made by universities/education institutions to the registration officer along with Form G (Foreign Student Information System). Both these rules and forms will now be made part of the Foreigners Act, 1946.

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