Repealed or not in force · As amended up to 2026-08
111. The Governor-General of India in Council may, by writing, order Goverllment may order ally any Foreigner to relllove himself from British India, or Foreigner to remove himself. to remove himself therefrom by a particular route to b e 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. .. .% - . . - - <
IV. If any Foreigner ordered to remove himself from British India, or Foreigner refusing to remove, ordered to remove himself t.herefrom by a particular route, or retuiliing without license hended and ddetaine"d. after removal, mav be avvre- `A A`[shall neglect or refuse so to do ] ing removed himself from British India[; ][or if any Foreigner, hav- ] in consequeilce of an order issued under any of the provisions of this Act, or having been removed from British Iudia under any of the said provisions, shall wilfully return theret.0 without a license in writing granted by the Governor-General of India in Council or by the local Government under whoso order he shall have removed himself or be6<~emoved1-such Foreigner may be apprehended and detained in safe custody, ~ ~ n t i l he shall be discharged therefrom by order of the Governor-General of India i n Council, or of the local Government within whose jurisdiction he shall be so apprehended or detained, upon such terms ancl 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 l'rinccs and States.
V. Whenever
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ACT No. I11 `OF` 1864.
V. Whenever the Governor-General of India in Council shall consider it Governor-General order necessary to take further precalitions in respect of Foreignf ~ : ~ ; ~ ~ ~ ~ . ! $ s ~ h ; " l l ~ :", ers residing or travelling in British India or ally part iu any part thezeof. 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 provisioils 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 rvhole of this Act including this and the snbsequcnt Sections shall have full force and effect ill British India or such part thereof as shall have been so specified. The Governor-General of India in Council may from time to time, by a Notification published as aforesaid, cancel or alter any former Notification n~hich may still be in force, or may extend the period declared therein. P+ovided that none of the provisions of this or the subsequent Sections Proviso. of this Act shall exteud to any Foreign Minister duly a accredited by his Governmerlt ; 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.
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VI. Every Foreigner on arriving in any part of British India in which all Esery Foreigner to repol* his[.the provisions of this Act are for the time being in force ] arrival in Inciia in certain cases. under an order issued as provided in the last preceding Section, from any port or place not within British India, or froin any port or place within British Tndia where all the provisious of this Act are iloL in force, shall, if he arrive a t a Presidency Town fortliwit,h report himself to the Co~nrnissioner 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 lo& Govcrnn~eilt of such place.
I. The report shall be in writing, and shall be signed by the person What to be stated ill'tlle rereporting himself, and shall specify his name or names, the port. Nation to ?hich 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 thc Officer to whorn it is rnndc.
VIII. The provisions of the last two preceding Sections shall not extend to Foxeignerb, beillg Masters of any person being the Master or Commander of a vessel or vessels or employed therein, to report themselves when they employed therein, but if any such person shall be in any cease to be SO employed. part of British India in which all the provisions of this
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Act are for the tirne being in force, after he shall have ceased to be actually employed in a vessel, he shall forthwith report himself in manner aforesaid.
IX. If any Foreigner shall neglect to report himself as required by this Act, he may be dealt with in the manner hereinafter proForeigners neglecting to report with in like manner lnay be `as` Foreignvided in respect of Foreigners travelling without a ers t*ra~~elling without n license. license,
X. No Foreigner shall travel in or pass through any part of British Foreigller to travel in I ~ d i a in which all the provisions of this Act are for the India without a license. time being in force without a license.
XI. Licens'es under this Act rnay be granted by the Governor-General of India in Council or by any of the local Governments, License by who111 to bk granted. 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 licehses by the Governor-General of India irl Cuuocil, or by any of the local Governments.
XII: Every such license shall state the name of the person to whom the license is granted, the Nation -to which he belongs, the Whst to be stated in license. 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 illtended to have effect.
XIII. The license may be granted subject to such conditions as the Governor-General of India in Council or the local GovernLicense may be granted sub-[. ] ject to conciitions, and may he nlent may direct,, or as the Officer granting the license revoked. n~ay cleein 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 i11 which all the provisions of this Act are for the time being in force and in whic1l-r the Foreigner holding the sarne may be, or by the Officer who granted the license.
XIV. If any Foreigner travel in or attempt to pass through any part of - British India without such license as aforesaid, or beyond Foreigner travelling -without or contray to the conciitions the Districts or, limits mentioned therein, or after such of license, may he apprehended. license shall have been revoked, or shall violate any of the conditions therein specified, he may be apprehended without warrant by any Oficer exercising any of the powers of a Magistrate, or by any European Commissioned Oacer in the service of tier Blajesty, or by any member of a
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J'olunteer Corps enrolled by authority of Government whilst on duty, or by any Police Officer.
XV. If E ~ I I J - person be apprehended by a person not exercising any of the Procedure upon apprehension. powers of a Magistrate and not being a Police Officer, he shall be delivered over as soon as possible to a PoliceOfficer, ar~d forthwith carried before the Magistrate of' the Digtrict. Whenever Bragistrate to report to G ~ ~any person shall be apprehended by or taken before - theernnel~t. Magistrate of the Dist,rict, suclr Magistrate sliall inlmediateIy report the case to the local Governme-nt to which he ie subordinate, and shall came tlie person brought before hlln to be discharged: or to be coilveyed to one of the Presidency Towns, or pending the orders of such Government to be dekined.
SVI. Ally person apprehended or detained under the provisions of this I'ersons apprehended mag Act, nlay be adulitted to bail by the Magistrate of the admitted to bail. District, or by ally Officer authorized to grant licenses, and shall be put to as little inconvenience as possible during his detention in custody.
XVII. The local Governllle~lt of any part. of Eritish India in which all the Helnovel of persolls appreprovisions of this Act are for the time being in force, may I~ended. order any perso11 apprehended or detailled under the provisions of this Act to renlove himself fi.on1 any such part of British Inclia, by sea or by such ottier route as the said local Government, ]nay direct; or the said local Government inay cause him to be rcrnoved from such part of' British lndia by such route aud in such ulal~iler as to such local Govern~neilt shall seein fit. Tile Governor-General of India in Coullcil rnay exercise a11 the powers given by this Section to any local Governrilent.
XVIIT. The Governor-General of Inclia in Council niay by order proGovenlor-General may yrohibit any person or any class of pcrsons not being naturalhihit persons not being naturalborn subjects of her Majesty within the rne;ming of the born subjects from travelling or passing through any part of Statute 3 and 4 147illiam IV, cllap. LXXXT7? Section India without a license. 81, from travelling in or passing tlirough ally part of - British India iu which all t,he provisions of this Act rnay for t l ~ e time being be in force, and froln passing fro111 any part thereof to another without a license to he granted by such Officer or Officers as sllall be specified in the order: and if any person so prohibited shall wiifully disobe:y such order, he may he apprehei~ded without warrant by any of tlle Officers specified. in Section XIV of this Acr, arld carrincl before tlie Magistrate of the District, allcl dealt with under the provisions of Section XVII in tslle same lnanner as if he were a Foreigner: and the GovernorGeneral
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ACT No. T I 1 OF 1864.
General of India in Cou~icil may order sucl~ person to be detained in safe custotiy or un&r the surveillance of the Police so long as it may hc deemed necessary for the al1d security of British India or any l)ai,t thereof.
XIX. The local Goveriin~eiit of any Presic1e:ncv or place in which all the provisiolls of this Act may for the tirne being be in force, Also the local Governments witliiil tlleir raq~ective jmisdicinny by order prohibit, any person or m y class of pe.rsons tio~~n. n o t being natural-born- subjects of Her Majesty within the meaning of the statute 3 a n j 4 Williarn IV, chap. LXXSV, Section 81, frooi travelling in or passing through such Presidericy or place or any part t.hereof, and from passing from any part thereof to another, ~vithont a liccnse to be granted by such Oficer 01% Oficers as shall be specified ill the orcler ; and if any persori so prohibited shall wilfully disobey such order, he nlay be apprehendecl without warrant by any of the Officeys specified in Section XIV of this Act,, and carried before the Magistrate of the District, and clealt wit11 under the provisions of Section XVII in the sarne manner as if lie were a Foreigner ; and the 1oca.l Governmet~ t nay order such person to be detained in safe cust.ody or under the sut~veillance of the Police so long as it rnay be deerned necessary for the ~ e a c e and secnrity of British India or any part tliereof.
S X . I t shall be lawful for tl'le Commissioner of Police, or for the Magistrate of the District, or for any Okicer appointed to receive Certaii~ Ofiers may board vessels to ascertain whether Forreports n~entioned ill the sixth Section of this Act., or .eigners are on board. for any Police Oi-licer under the authority of such Comrnissioller or Magistrate, to enter any vessel in any port or place ~vitllil? Britisll Tndin in which all the provisions of' this Act inny f o ~ the time being be ill force, in order to ascertsiii whether ally Foreigner bound to report his a.rriva1 nnder the said Section V I of this Act is on board of such vessel ; and it sl~nll !,e 1:1,wfal for such Commissioi~er of Yolice, Mngist,rate, or other Officer as ai'oresaid, to :idopt such llieans as 111rty be reasonably uecessary for that purpose ; ail6 the Master or Commai~der of such vessel sh:~ll 'lso, before any o f the Bfa$ter of vessel to furnish list of passengers, md to give passengers a-re allowed to clisernbwk, if lle shall be reqnirinfonllatioil respecting them. ed so to clo by sucll Co~~~rnissioner of lJolice: 3jI!lagistratci or other Oficer as aforesaid, deliver to hiin s list in writing of the passengers 011 board, specifying the ports or places a t wllicll they embsrlretl, ; ~ n d the port,s 01, places of their disembarkatioll `ol.` iiitendeci tlisembarkation, and ar~swer to the best of liis ki~owledge all such q~~est,ions touching the passengers on board the said vessel, or touclzing those wl~o may hme disernbarlred in any part of British India, as shall be put to him by the Commissioner of Police, Magistrate,
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ACT No. 111 OF 1864.
or other Olficer as aforesaid.[If any Foreigner otl board such vessel ][in ][any ][part, ] of 13ritish' 11idia shall refuse to give a11 accou~it oS his Foreigner 13efuhing to give ~ c o ~ l n t of himself, ]lot to i-ie objects of pursuit in India, or if hi.. account thereof shall allowed to disembal k. not be satisfactory, the Officer ]nay refuse to allow him t o
disembarlr, or he may be dealt with in the same manner as n Foreigner lra~elling
in British India without: a license.
XXI.[If the >laster or Conlmaocler of a vessel shall wilfully give ] [n ][false ] answer to any question which by Section XX of this Act Penalty for fnlsp ,lnqv.-er or report. he is bound to answer, or shall make ally fdse report, he shall be held to lirtve colninittecl the offence specified in Section 177 of the Itidiai~ Penal Code.
shall be held to lirtve colninittecl the offence specified in Section 177 of the Itidiai~
XXII. If thc >laster or Comtllander of any vessel shall ~vilfully neglect, or refuse to cornply with t t ~ e requisitions of tliis Act, he Penalty for neglect by Master `of` vessel to comply \nth reqjlisishall, on conviction before the Magistrate of the Dist,rict tions of Act. or a Justice of the Peace, be liable to a fine ljot esceed-
ing two thousaud Rupees.
XXIII. Whoever intentionally obstructs army Officer in the exercise of any Penalty for obstn~cting Offiof the powers vested in him by this Act, shall bd held cerii. to have coinmitted the offepce specified in Section 186 of the Indian Penal Code.
XXIV. A11 fines imposed under this Act niay, according as they shall Pinea imposed nnder this Act have been imposed for offences co~lim;tted within or for how to be 1 ecovered. offerlces con.lmittecl beyond the limits of the Towns of Calcutta, Madras and Bornbay, be recovered by a Magistrate of Police 01. by the Magistrate of the District in the inanuer prescribed in Sectioii XXVI of Act XLVIII of 1860 (to an7end Act A311 of 1856 lor 1.eyuZuli~. the I'olice `of'` the Ib?c;ns of Culczdlta, Madras, ccnd B o m i ~ y , u~zd Ihe several Strctions of the XeIIle~jze?zt of P~inct? of Tules' Islund, S&nyupare, u?ld Mialcccca).
SXV. 'l'lle Governor-General of Iiiclia in Council, or the local Government of any art of Eritisll India in which this Act mi1g7 for Persons ximy he exempted irOm prohions of thip Acts the titlie being be in force, niay exempt any l)elbson, or any class of persons, either wholly or partially, or temporarily or otherwise, from all or any of the provisions of tliis Act contained iu anj7 of the Sections ~~bseqlient to Section V, and Iriay at any time revoke any sucli exemption.
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Source: India Code