5. Power to grant permission to depart from India.
- [(1) No foreigner shall leave India,(a)otherwise than at such port or other recognised place of departure on the borders of India as a Registration Officer having jurisdiction at that port or place may appoint in this behalf, either for foreigners generally or for any specified class or description of foreigners; or(b)without the leave of the civil authority having jurisdiction at such port orplace.](2)Leave shall be refused if the civil authority is satisfied that(a)the foreigner has failed to comply with the formalities of departure prescribed under the [Registration of Foreigners Rules, 1939] [Now see the Registration of Foreigners Rules, 1992] ;(b)the foreigners presence is required in India to answer a criminal charge;(c)the foreigners departure will prejudice the relations of the Central Government with a foreign power;(d)the departure of the foreigner has been prohibited under an order issued by a competent authority.(3)(a)Notwithstanding anything contained in the above sub-paragraphs, a civil authority may prohibit the departure of a foreigner where it is satisfied that such departure would not be conducive to the public interest.(b)Whenever a civil authority issues an order under clause (a), it shall report the matter forthwith to the Central Government which may cancel or modify the order in such manner as it thinks fit.[5-A. Power to examine persons. [Inserted by S.R.O. 2675, dated 14.8.1954.]- The civil authority may examine any person who seeks leave to enter India or to depart therefrom or during his stay in India for the purposes of the Foreigners Act, 1946, or of any order made thereunder; and it shall be the duty of every such person to furnish to the civil authority such information in such manner and at such times, as that authority may require.] [Substituted by S.R.O.1466, dated 21.6.1956.]
