Immigration (Carriers' Liability) Amendment Act, 20051
| [Act 44 of 2005] | [15th September, 2005] |
2[Repealed by Act 4 of 2018, S. 3 and Sch. II]
An Act to amend the Immigration (Carriers' Liability) Act, 2000
Be it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:-
1 Received the assent of the President on 15-9-2005 and published in the Gazette of India, Extra., Part II, Section 1, dated 16-9-2005, pp. 1-2, No. 50.
2 Repealed by Act 4 of 2018, S. 3 and Sch. II, dated 8-1-2018.
Prefatory Note-Statement of Objects and Reasons.-The Immigration (Carriers' Liability) Act, 2000 was enacted to tackle the problem of large number of passengers being brought into the country without any valid travel document by the carriers in contravention of the Passport (Entry into India) Act, 1920 and the rules made thereunder. The said Act empowers the competent authority appointed under the Foreigners Order, 1948 or any other officer notified by the Central Government to impose a penalty of Rupees One lakh on the carrier for bringing person into India in contravention of the provisions of the Passport (Entry into India) Act, 1920 and the rules made thereunder.
2. According to the Convention on International Civil Aviation Organisation, to which India is a party, contracting States shall not fine operators in the event that passengers are found inadmissible unless there is evidence to suggest that the carrier was negligent in taking precautions to their end that the passengers complied with the documentary requirements for entry into the receiving State. This obligation is difficult to implement as the Government has no power to exempt any carrier or class of carriers from application of the Immigration (Carriers' Liability) Act, 2000.
3. Accordingly, it is proposed to amend the said Act so as to empower the Central Government to exempt any carrier or class of carriers form the operations of all or any of the provisions of this Act subject to such conditions as may be specified in the order. It is also proposed to give power to the Central Government to modify or revoke such order. By the proposed amendment the Central Government would be in a position to fulfil its international obligations.
4. The Bill seeks to achieve the aforesaid object.
1. Short title.-This Act may be called the Immigration (Carriers' Liability) Amendment Act, 2005.
2. Insertion of new Section 3-A to Act 52 of 2000.-After Section 3 of the Immigration (Carriers' Liability) Act, 2000, the following section shall be inserted, namely:-
"3-A. Power to exempt.-(1) Without prejudice to the provisions of the Passport (Entry into India) Act, 1920 (34 of 1920) and the rules made thereunder, if the Central Government is of opinion that it is necessary or expedient in the interest of the general public or to fulfil the international obligation, it may, by order notified in the Official Gazette and subject to such conditions as may be specified in the order, exempt any carrier or class of carriers from the operations of all or any of the provisions of this Act and may, as often as may be necessary, revoke or modify such order.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.".