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"/ Preamble 1 - - IMMIGRATION (CARRIERS' LIABILITY) ACT, 2000

THE IMMIGRATION (CARRIER'S LIABILITY) ACT, 2000 [Act, No. 52 of 2000] [11t &REAMBLE An Act to make the carriers liable in respect of passengers brought by them into India in contravention of the provisions of the Passport (Entry into India) Act, 19 ! and the rules made thereunder and matters connected there"ith# !"c"#$"%, 2000]

#E it enacted $y %arliament in the &i'ty-'irst (ear o' the )epu$lic o' India as 'ollows:--

Sec !"# 1 - - S$"r ! le a#% e& e#

(1) This Act may be called the Immigration (Carriers' Liability) Act, 2000. (2) It extends to the hole o! India.

Sec !"# 2 - - 'e(!#! !"#)

(1) In this Act, "nless the context other ise re#"ires,$$ (a) %carrier% means a &erson ho is engaged in the b"siness o! trans&orting &assengers by ater or air and incl"des any association o! &ersons, hether incor&orated or not, by hom the aircra!t or the shi& is o ned or chartered'

(b) %com&etent a"thority% means the ci(il a"thority a&&ointed "nder s"b$&aragra&h (2) o! &aragra&h 2 o! the )oreigners *rder, 1+,- made "nder the )oreigners Act, 1+,. (/1 o! 1+,.) or any other o0cer noti1ed by the Central 2o(ernment in this behal!' (c) %&rescribed% means &rescribed by r"les made "nder this Act. (2) 3ords and ex&ressions not de1ned in this Act b"t de1ned in the )oreigners Act, 1+,. (/1 o! 1+,.) or the 4ass&ort (5ntry into India) Act, 1+20 (/, o! 1+20) shall ha(e the meanings res&ecti(ely assigned to them in those Acts.

Sec !"# * - - L!ab!l! + "( carr!er) ("r ,a))e#-er) br".-$ !# " I#%!a

3here the com&etent a"thority is o! the o&inion that any carrier has bro"ght a &erson in contra(ention o! the &ro(isions o! the 4ass&ort (5ntry into India) Act, 1+20 (/, o! 1+20) and r"les made there"nder into India, he may by order im&ose a &enalty o! r"&ees one la6h on s"ch carrier7 4ro(ided that no order shall be &assed heard in the matter.
1/A.

itho"t gi(ing the carrier an o&&ort"nity o! being

4o er to exem&t

(1) 3itho"t &re8"dice to the &ro(isions o! the 4ass&ort (5ntry into India) Act, 1+20 and the r"les made there"nder, i! the Central 2o(ernment is o! o&inion that it is necessary or ex&edient in the interest o! the general &"blic or to !"l1ll the international obligation it may by order noti1ed in the o0cial ga9etteand s"b8ect to s"ch conditions as may be s&eci1ed in the order, exem&t any carrier or class o! carriers !rom the o&erations o! all or any o! the &ro(isions o! the Act and may as o!ten as may be necessary re(o6e or modi!y s"ch order. (2) 5(ery order made "nder this section shall be laid, as soon as may be a!ter it is made be!ore each :o"se o! 4arliament

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1. Inserted (ide the Immigration (Carries Liability) Amendment Act, 200;

Sec !"# / - - A,,eal)

(1) An a&&eal shall lie against the order made "nder section / o! this Act to the <oint =ecretary to the 2o(ernment o! India in the >inistry o! :ome A?airs a"thorised in this behal! by that 2o(ernment. (2) 5(ery s"ch a&&eal shall be &re!erred a&&ealed against7 ithin thirty days !rom the date o! the order

4ro(ided that the a&&ellate a"thority may, i! it is satis1ed that the a&&ellant as &re(ented by s"0cient ca"se !rom &re!erring the a&&eal ithin the said &eriod o! thirty days, &ermit the a&&ellant to &re!er the a&&eal ithin a !"rther &eriod o! thirty days. (/) *n recei&t o! any s"ch a&&eal, the a&&ellate a"thority shall, a!ter gi(ing the &arties a reasonable o&&ort"nity o! being heard and a!ter ma6ing s"ch in#"iry as it deems &ro&er, ma6e s"ch order, as it may thin6 1t, con1rming, modi!ying or re(ersing the order a&&ealed against. (,) 5(ery a&&eal shall be &re!erred on &ayment o! s"ch !ees as may be &rescribed.

Sec !"# 0 - - Rec"1er+ "( Pe#al + %.e " G"1er#me#

3here any &enalty im&osed "nder this Act is not &aid, the com&etent a"thority may reco(er the &enalty so &ayable by sei9ing, detaining or selling$$ (a) the aircra!t or the shi&' or (b) any goods on the shi& or aircra!t, belonging to the carrier.

Sec !"# 2 - - Bar "( le-al ,r"cee%!#-)

@o s"it, &rosec"tion or other legal &roceeding shall lie against the Central 2o(ernment or the com&etent a"thority or any o0cer o! the Central 2o(ernment or any other &erson exercising any &o ers or discharging any !"nctions or &er!orming any d"ty "nder this Act !or anything in good !aith done or intended to be done "nder this Act or any r"le made there"nder.

Sec !"# 3 - - A,,l!ca !"# "( Ac ) 12 "( 14*4, */ "( 1420 a#% *1 "( 14/2 #" barre%

The &ro(isions o! this Act and the r"les made there"nder shall be in addition to, and not in derogation o!, the Aegistration o! )oreigners Act, 1+/+, the 4ass&ort (5ntry into India) Act, 1+20 and the )oreigners Act, 1+,. or the r"les or orders made there"nder.

Sec !"# 5 - - P"6er " ma7e r.le)

(1) The Central 2o(ernment may, by noti1cation in the *0cial 2a9ette, ma6e r"les !or carrying o"t the &"r&oses o! this Act. (2) In &artic"lar and may &ro(ide !or$$ (a) the !ees itho"t &re8"dice to the generality o! the !oregoing &o er, s"ch r"les

hich shall be &aid !or a&&eals "nder s"b$section (,) o! section ,' hich is re#"ired to be, or may be, &rescribed.

(b) any other matter

Sec !"# 4 - - R.le) " be la!% be("re Parl!ame#

5(ery r"le made "nder this Act shall be laid, as soon as may be a!ter it is made, be!ore each :o"se o! 4arliament, hile it is in session, !or a total &eriod o! thirty days hich may be com&rised in one session or in t o or more s"ccessi(e sessions, and i!, be!ore the ex&iry o! the session immediately !ollo ing the session or the s"ccessi(e sessions a!oresaid, both :o"ses agree in ma6ing any modi1cation in the r"le or both :o"ses agree that the r"le sho"ld not be made, the r"le shall therea!ter ha(e e?ect only in s"ch modi1ed !orm or be o! no e?ect, as the case may be' so, ho e(er, that any s"ch modi1cation or ann"lment shall be itho"t &re8"dice to the (alidity o! anything &re(io"sly done "nder that r"le.

Sec !"# 10 - - P"6er " rem"1e %!((!c.l !e)

(1) I! any di0c"lty arises in gi(ing e?ect to the &ro(isions o! this Act, the Central 2o(ernment may, by order, do anything not inconsistent ith s"ch &ro(isions !or the &"r&ose o! remo(ing the di0c"lty7 4ro(ided that no s"ch order shall be made a!ter the ex&iry o! t o years !rom the commencement o! this Act. (2) 5(ery order "nder this section shall be laid, as soon as may be a!ter it is made, be!ore each :o"se o! 4arliament.

Ma!# - IMMIGRATION (CARRIERS' LIABILITY) ACT, 2000 %ream$le - I++I,)-.I/0 (C-))IE)S1 LI-#ILI.() -C.2 3444 Section - Short title and e5tent Section3 - 6e'initions Section! - Lia$ility o' carriers 'or passengers $rought into India

Section7 - -ppeals Section5 - )eco8ery o' %enalty due to ,o8ernment Section9 - #ar o' legal proceedings Section" - -pplication o' -cts 9 o' :!:2 !7 o' :34 and ! o' :79 not $arred Section; - %ower to ma<e rules Section: - )ules to $e laid $e'ore %arliament Section 4 - %ower to remo8e di''iculties