The Union Ministry of Home Affairs (MHA) of India is set to introduce the Immigration and Foreigners Bill, in the month of March, which aims to consolidate, streamline, and modernize India’s immigration laws. The bill is set to repeal multiple existing regulations such as the Passport (Entry into India) Act, 1920, the Foreigners Act, 1946, the Registration of Foreigners Act, 1939, and the Immigration (Carrier’s Liability Act 2000.
Key Provisions of the Bill:
- Unified Framework – Integrates multiple immigration laws into a single comprehensive document.
- Restricted Movement for Foreigners—The bill grants state authorities greater control over the movement of foreign nationals within India. Foreigners may be restricted from traveling to certain areas unless explicitly permitted.
- Liability of Carriers —Transport operators including airlines, shipping companies, and transport agencies must ensure passengers have valid travel documents while allowing entry into India. Carriers unable to verify passenger credentials may face legal scrutiny and penalties.
- Burden of Proof – The burden of proof to prove one’s legal status remains on the individual.
- Increased Scrutiny for Institutions – Universities, hospitals, and educational institutions must now register foreign national admissions and employment details with designated authorities.
- Stricter Penalties in terms of imprisonment and penalties.
Compliance Measures for Companies:
In light of the new regulatory changes, organizations employing foreign nationals must strengthen their compliance frameworks.
Businesses must verify work permits, visas, and residential status while maintaining updated records to ensure legal compliance.
Employers should establish structured HR protocols that periodically audit immigration documents and report any irregularities to the authorities. Failure to adhere to these requirements may not only result in penalties but also impact the organization’s credibility.
Companies should also provide training to HR teams on new compliance obligations and seek legal guidance to stay updated on evolving regulations.
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Disclaimer: This article has been made with reference to expert opinions and open sources including The Hindu and The Indian Express.