The Immigration (Carriers’ Liability) Act, 2000

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The Immigration (Carriers’ Liability) Act, 2000 was enacted on 11 December 2000 by Parliament in 51st year of Republic of India which extends to whole of India. This act was enacted to make rules connected to the carriers of passengers who were brought into India and make those carriers liable for the act done against the provisions of Passport (Entry into India) Act 1920.

Definitions for words used in the Act are explained in the Act.  Carrier, Competent Authority, Prescribed are explained. The words and expressions stated in Foreigners Act 1946, Passport (Entry into India) Act 1920 but not defined in this Act can be used in under this Act without changing the meaning of it.

Liability of carriers is stated under Section 3 of the Act. If any authority thinks that a carrier has brought a person against the provisions of Passport (Entry into India) Act 1920 then that carrier can be penalised with an amount of Rupees 1 Lakh on the carrier.

Appeals are stated under Section 4 of the Act. Appeal can be made to the Joint Secretary to Government of India in Ministry ofHome Affairs under the government’s authority. All appeal shall be heard within 30 days from the date of the order appealed for but appellate authority can permit the appellant to prefer the appeal for a further 30 days after hearing the sufficient cause from appellant if prevented from appeal. Appellate authority by giving reasonable opportunity of being heard to the parties and after making proper inquiry can make orders on any such appeals as it deems fit, confirming or modifying the order appealed against. Preference of such appeals will be up on payment of such fees as prescribed by the Act.

Recovery of the penalty that is due to the government is explained under Section 5 of the Act.  If any penalty is imposed on any carrier and it is not paid to the government then the competent authority can recover the same. It can be done by seizing, detaining or selling of the ship or aircraft or any goods that is on the ship or aircraft or which belongs to carrier.

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Under 6 of the Act states that no case/proceedings can be made against the officer or competent authority actingin good faithunder the Central Government who is exercising his/her powers or discharges his/her duty under this Act.

Any act or rules made under the provisions of this Act shall be in addition and not against the Registration of Foreigners Act 1939, the Passport (Entry into India) Act 1920, and Foreigners Act 1946 is stated under Section 7 of the Act.

Under Section 8 of the Act power to make rules has been explained.  Central government can make rules to carry out the purposes of this Act after Gazette notification. The rules that the government can make is on the fees that should be payable for appeals and any other matters as such prescribed under the said Act.

Section 9 of the Act explains about the rules to be laid before the parliament.  Any rule that is made under the said act has to be put before Houses of Parliament when it is in session for 30 days period which can be one or two or more sessions. Both houses of parliament have the power to agree to make the rules or to disagree to make rules as the case may be.  Any modification one by the Houses should not be made in such a way that it prejudice anything previously made under that rule.

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Power to remove any difficulties arising in the provisions of the act by Central Government is discussed under Section 10 of the act. But it cannot be made after the expiry of 2 years from the commencement of the said Act. Any order made under this section shall be put before Houses of Parliament.