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The Foreigners Act, 1946 regulates the entry of foreigners into India, their presence therein and their departure there from



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The Foreigners Act, 1946 regulates the entry of foreigners into India, their presence therein and their departure there from.

  • The Registration of Foreigners Act 1939 and the Registration of Foreigners Rules 1992 mandate that certain categories of foreigners whose intended stay in India is more than 180 days, or as provided in their visa authorization, are required to get themselves registered with the registration officer.

    Detailed guidelines about various categories of visas are available on MHA website www.mha.nic.in, in the form of frequently asked questions and also for registration of the foreigners.

    Canada 74:

    Part IV. Trade Policies by Selected Sector: (3) Services; (v) Tourism: Table IV.13 Selected support schemes for tourism, 2011, page 175:

    Under the "Market Research – Professional Services" section of this table it is indicated that "Use of professional services from consultants/agencies for: tourism related surveys, studies, plans, and market research for making available relevant data/information/report/inputs to the Ministry of Tourism for policy making and planning purposes; and feasibility studies and detailed project reports (DPRs) for specific tourism projects" and that "Maximum assistance of Rs 1 million provided for preparation of feasibility studies and DPRs for projects under the Scheme of Product/Infrastructure Development for Destination and Circuits."

    Could India indicate if there are any nationality/citizenship and/or residency requirement for an applicant to receive funding from the "Market Research: Professional Services" support scheme?

    Reply: The assistance is not given to any individual. Companies/firms registered in India are eligible to participate in the bidding process for various assignments under this Plan Scheme. The final award is given after following the due codal formalities.

    Canada 75:

    Part IV. Trade Policies by Selected Sector: (3) Services; (v) Tourism: paragraph 187, page 176, and paragraph 192, page 178:

    These paragraphs state, respectively, that "[...] A foreigner may not operate as a travel agent, tour operator or tourist transport operator" and "Foreign presence is not allowed in travel agencies, tour operator or tourist transport operator."

    Could India explain the public policy rationale behind the decision to forbid foreign presence of, and foreigners to operate as travel agents, tour operators and tourist transport operators, and provide the legislative, regulatory and/or policy references for this restriction?

    Reply: 100% FDI has been allowed in hospitality and tourism sector. Under this dispensation, subsidiaries of foreign companies can undertake operations in India after registering under the Companies Act. These subsidiaries can operate under the prevailing rules and regulations of the country.


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