The Foreigners Law (Application and Amendment) Act, 1962
Administered Ministry: Ministry of Home Affairs / Department of Internal Security
Act details
| Short title | The Foreigners Law (Application and Amendment) Act, 1962 |
|---|---|
| Long title | An Act to apply the Registration of Foreigners Act, 1939 and the Foreigners Act, 1946 to certain persons to whom they do not at present apply and further to amend the Foreigners Act, 1946. |
| Act number | 42 of 1962 |
| Act year | 1962 |
| Enactment date | 24 Nov 1962 |
| Ministry | Ministry of Home Affairs / Department of Internal Security |
| Department | Department of Internal Security |
| Jurisdiction | Central (Parliament of India) |
| Sections | 4 |
| Status | Not repealed |
| Last checked on India Code | 4 Nov 2026 |
| Source | India Code, Government of India |
Summary
Summary of the Foreigners Law (Application and Amendment) Act, 1962
Objectives of the Act
• To extend the application of laws relating to foreigners to specified territories.
• To amend existing laws governing the regulation and control of foreigners.
• To ensure uniform administration and enforcement of laws relating to the entry, stay, movement, and departure of foreigners in India.
• To strengthen the Central Government's powers in matters concerning foreigners.
Key Provisions
• Application of Foreigners Laws: The Act extends the operation of specified laws relating to foreigners to the territories covered by the Act, ensuring that such laws apply uniformly.
• Amendment of Existing Laws: It amends provisions of existing legislation concerning foreigners to remove inconsistencies and facilitate effective implementation.
• Regulation of Foreigners: The Act supports the legal framework under which the Central Government may regulate the entry into, presence in, movement within, and departure from India of foreigners.
• Administrative Continuity: It ensures that the legal regime governing foreigners continues to operate effectively in newly integrated or reorganised territories without disruption.
Legislative history
Legislative History:
The Foreigners Law (Application and Amendment) Act, 1962
● Act Title - The Foreigners Law (Application and Amendment) Act, 1962
● Act Number / Year - 42 of 1962
● Act ID (India Code) - 196242
● Presidential Assent Date - November 24, 1962
● Enforcement Date - October 26, 1962
● Nodal Ministry - Ministry of Home Affairs
Precedent & Historical Rationale
● National Security Response during Border Conflict - Enacted in the immediate aftermath of the declaration of Emergency during the 1962 Sino-Indian War to apply statutory foreigner restrictions to persons of enemy origin residing in India.
● Expansion of Foreigner Control Definitions - Formulated to amend the Foreigners Act, 1946 and the Registration of Foreigners Act, 1939, enabling the government to arrest, detain, intern, or restrict the movements of non-citizens, including foreign nationals who had previously enjoyed exemptions.
Parliamentary Trajectory & Enactment
● Formulation - Promulgated initially as the Foreigners Law (Application and Amendment) Ordinance, 1962 by the President to meet urgent wartime security requirements, which was subsequently converted into parliamentary legislation.
● Parliamentary Passage - Debated and passed by both Houses of Parliament (Third Lok Sabha and Rajya Sabha) during the November 1962 winter session.
● Presidential Assent - Received Presidential Assent on November 24, 1962.
● Enforcement - Enforced on October 26, 1962
Source - Official Record of Parliament, India Code, and Ministry of Home Affairs.