Form "C" - who needs to fill? please help clarify
 

Hello,

I have friends visiting and staying with me (from the UK). I own my place and therefore they are not "renting", just staying with me. do they need to fill out a C form? They will be here for a week, but one of them for two months. And what if they don't fill one out? What happens?

The rules are unclear and people do not get notified at the airport about this requirement. Can anyone shed light on this please? Thanks.

Re: Form "C" - who needs to fill? please help clarify
 

According to the Registration of Foreigners Act 1939 and repeated in the Rules 1992 -- the rough wording is -- Any person having the management of any hotel, boarding house, sarai or like premises is required to report etc. (Form C)

When this law was introduced it included private homes and there was an 'outcry' and an amendment was made within days, excluding private homes.
When this matter was discussed on IM I found a link to the amendment but unfortunately didn't keep it and now can't find it.

We for years have been staying in relatives or friends houses in various cities often unplanned and often just overnight it would be totally impractical for them to rush out and get a C Form. (OH only just got OCI last year).
This applies to hundreds of foreign visitors many with families in India. So therefore the reason for the amendment.

Re: Form "C" - who needs to fill? please help clarify
 

That is so helpful - thanks a lot! Saves lots of forms, photos and rushing off to Calangute police station.:goodpost:

Re: Form "C" - who needs to fill? please help clarify
 

On further worrying thought, as you are living in a, very much, tourist area and if your visitors are friends, not relatives how would you prove that they are not paying you rent if some unpleasant person reports you to the police as a 'landlord'. (The onus is on the landlord to submit the form). No answer to that unfortunately.

Re: Form "C" - who needs to fill? please help clarify
 

Actually, they are family of sorts...!

Do you know why exactly the law was introduced? Thanks

Re: Form "C" - who needs to fill? please help clarify
 

Actually, they are family of sorts...!

Do you know why exactly the law was introduced? Thanks

Also, what about foreigners who own places in Goa and visit for a few months at a time? Do they have to fill it out too?

Re: Form "C" - who needs to fill? please help clarify
 

No, I don't know why the law was introduced originally, but it is now used to track movements of foreigners -- with registration, mainly those who intend to stay more than 180 days.
The 'C' form is the responsibility of a landlord/ hotel owner etc. that is, places where payment is involved.
The Act doesn't cover present day foreign house owners, I presume it hasn't really been updated, but I have read that more on-line data is to be kept.

Re: Form "C" - who needs to fill? please help clarify
 

I "own" my flat but I have always filled a Form C. Better than an argument with the police.

Re: Form "C" - who needs to fill? please help clarify
 

Completely agree.

Re: Form "C" - who needs to fill? please help clarify
 

Don't agree at all, you can't 'rent' to yourself; you don't pay yourself, you are NOT in the business of running or managing a guest-house etc.
If you 'own' your flat/house you should be on an X visa and should register with the FR[R]O - an RP trumps a 'C' form!

AndyD 8-)₹

Re: Form "C" - who needs to fill? please help clarify
 

Good in principle, but how many non Indian origin are on X visa?

Re: Form "C" - who needs to fill? please help clarify
 

Didn't you only get a 6 month X this year, instead of your usual 12 month?

Re: Form "C" - who needs to fill? please help clarify
 

you dont need to fill out any c form's. . plain and simple if you own the property not needed.
however if any unfortunate event.. you may be stuck since you wont know the right things in terms of lawful knowledge to throw at cops.

Re: Form "C" - who needs to fill? please help clarify
 

Having read some of the replies there seems, as usual, various opinions about this matter. Having talked to Goan friends here I would always recommend anyone staying here to complete the form C as it is easy to complete and takes a few minutes to have signed in the local police station. If you are driving or even just involved in some problem the police will ask for it. The owner signs it or if you own the property you sign as the manager. It should be done as soon as possible after arrival.
Its not a big problem and all of our security here is built around following the rules whatever we might think of them.

Re: Form "C" - who needs to fill? please help clarify
 

Interesting replies above...I own my property and my guests are family/friends and certainly not paying anything! I think bipat's response was very helpful as it quotes the law and not practice, if you see what I mean...

Re: Form "C" - who needs to fill? please help clarify
 

which apart from making no sense also leaves you open to the accusation of working (as a manager) on (presumably) a tourist visa.

AndyD

Re: Form "C" - who needs to fill? please help clarify
 

yes**, and I was told to apply for a RP when I apply for my extension.

** I suspect that the reasons for this are complex but related to the fact under the new price structure a 1-year X would be cheaper than a 1-year T. I was assured (!) that it was no problem as all non-T visas are now extensible in India.

AndyD 8-)₹

Re: Form "C" - who needs to fill? please help clarify
 

Immigration - C Form Rules

Any Hotel/ Guest House/ Dharmashala/Individual House/ University/ Hospital/ Institute/ Others etc. who provide accommodation to foreigners must submit the details of the residing foreigner in Form C

There is also a blank C Form and an online C form which can be filled in and emailed complete here :

Goa Information - C Form

Re: Form "C" - who needs to fill? please help clarify
 

You are correct it does not make sense but the problem is that the form was designed when there we no tourists who lived here. I have spoken to the police in our local station and they said to sign where it says Manager as we are the leaseholders of the property. There is no indication that we are paying oursleves to stay in our own place.
The law as it stands says that any Individual house has to complete a form for visitors. It is a simple way of keeoing track of foreigners in India. Its not a big problem and I really dont know what all the fuss is about especially when you hear so many Brits complaining about the Roumanians and Bulgarians going to live in the UK.
Any Hotel/ Guest House/ Dharmashala/Individual House/ University/ Hospital/ Institute/ Others etc. who provide accommodation to foreigners must submit the details of the residing foreigner in Form C to the Registration authorities within 24 hours of the arrival of the foreigner at their premises. This will help the registration authorities in locating and tracking the foreigners. This document provides the functionality of registration process of Hotel/ Guest House/ Dharmashala/Individual House / University/ Hospital/ Institute/ Others etc. owners for Form-C.

Re: Form "C" - who needs to fill? please help clarify
 

from Form 'C':

ARRIVAL REPORT OF FOREIGNER IN HOTEL
(See rule 14)
FORM C

1. Name and address of Hotel or other premises where accomodation has been provided for reward/on payment :

.............

Rule 14-Registration of Foreigners Rules, 1992.

14. Report to be made to and by hotel- keepers.
(1) Every keeper of a hotel shall require every visitor to the hotel to furnish the particulars necessary for recording, and sign, on his arrival at the hotel, his name and nationality in a register maintained for the purpose in Form F and, if any such visitor is a foreigner shall further require him;
(a) On his arrival at such a hotel to furnish the other particulars specified in Items 4 to 10 of the said register; and
(b) At the time of his departure from such a hotel to furnish the particulars necessary for recording in the said register, the date and time of his departure and the address to which he is proceeding.
(2) The register prescribed by sub-rule (1) shall at all time be made available for inspection, on the demand of any Registration Officer, any magistrate or any police-officer not below the rank of Head Constable.
(3) Every visitor to any hotel shall, on being required so to do by the keeper of the hotel, furnish the particulars necessary for recording, and sign, his name and nationality, in the register referred to in sub-rule (1), and if such visitor is a foreigner, shall also,
(a) On his arrival at such a hotel furnish, the other particulars specified in Items 4 to 10 of the said register; and
(b) At the time of his departure from such hotel, furnish the particulars necessary for recording, in the said register, the date and time of his departure and the address to which he is proceeding.
(4) Every particulars, other than the signature of the keeper of a hotel or a visitor, which is required by this rule to be recorded in the said register shall be recorded by the keeper of the hotel and in the English language, if he is so able, or otherwise, in an Indian language.
(5) If a visitor does not understand the English language it shall be duty of the keeper of the hotel, if so requested to explain to the visitor the requirements of this rule and Form F.
(6) The keeper of the hotel shall, as soon as may be but not more than twenty-four hours, after the arrival of any foreigner, transmit a copy of Form C, duly completed from the particulars furnished by such a foreigner, to the Registration Officer.
(7) For the purpose of this rule,-
(a) 'Hotel' includes any boarding-house, club, dak-bungalow, rest house, paying guest-house, sarai or other premises of like nature;
(b) 'Keeper of a hotel' means the person having the management of a hotel and includes any person authorised by him, and competent to perform the duties of the keeper of the hotel under this rule;
(c) 'Sign' includes, in respect of a visitor who is unable to write, the making of a thumb impression or other mark by means of which he is accustomed to attest a document; and
(d) 'visitor' means a person for whom accommodation is provided at a hotel.
(8) Copies of Form C may be obtained, on application, from any registration officer.


AndyD 8-)₹

Re: Form "C" - who needs to fill? please help clarify
 

Somewhere along the line the words "Individual House" were included in the wording but an amendment was made soon after to exclude private houses and the 1992 rules are the latest.

Where did you find your link? and then maybe I can re-find an amendment link which would settle this point.

You can imagine it was impractical to include private houses, Goa aside most Indian people who have foreign relatives or friends to stay would never have heard of 'C' Forms and no information is given with visas.
Also staying overnight or a short stay or at short notice where would they get a Form within 24 hours? Even now possession of computers and printers are not common!!!

You are right that foreign house owners were not considered by the law
and this is probably mainly a Goa situation.

Re: Form "C" - who needs to fill? please help clarify
 

Rob's first link in post #18 above takes you to a very up to date web page (2013) for the BoI, and it clearly states "individual house". It also makes no mention of payment being a precursor to filling form C.

Frequently, the Act refers to ALL foreigners, no exclusions.

The Registration of Foreigners Act was introduced in 1939, throughout the British Empire at the start of the Second World War, as it was considered desirable to know what foreigners were around, and where.

Re: Form "C" - who needs to fill? please help clarify
 

The actual law is as stated in the 1992 rules see post 20.
If you notice the "individual house" is followed by "providing accommodation for foreigners", not a private house having their auntie /son/ etc to stay for the night/week/ etc.etc. Can you explain how the latter could possibly know about or get a 'C Form' .

Re: Form "C" - who needs to fill? please help clarify
 

Correct, but when looking at web pages - even government pages - it is useful to ask what is the legal basis of the information given?
So, silly moot point, in terms of the 1939 Act are you foreign if you're British <vbg>.

AndyD 8-)₹

Re: Form "C" - who needs to fill? please help clarify
 

No, and I do not need to. Also ignorance is no excuse in the eyes of the law.

No because the countries concerned were British at that time, but under the 1992 Act, you most certainly are!

Re: Form "C" - who needs to fill? please help clarify
 

Have you never stayed overnight just as a guest at the house of an Indian friend (who wasn't in the business of running a Guest House or Home-stay)?

If you did, did you ask them to get and fill in a 'C' Form??-- I hope not. :D

http://articles.timesofindia.indiati...s-indian-hosts

Re: Form "C" - who needs to fill? please help clarify
 

If I ever visit India for one night, I will remember this :rofl:



However, having filled out one for my main residence for the entire stay (months, not days), I have always felt I was covered for odd nights away, even as far as Bombay.

Strictly speaking, I guess I wasn't? :eek:

I see we now have reference to a 1971 piece of legislation?
And still no reference to payment..............

Re: Form "C" - who needs to fill? please help clarify
 

So, a Not silly link:

http://getup4change.org/rti/wp-conte...gners20011.pdf

AndyD 8-)₹

P.S. I now remember finding this years ago, when the same discussion errupted.

Re: Form "C" - who needs to fill? please help clarify
 

Oh ---I give up-- If during your stay in India you visit someone for 1 or more nights.
It is not YOU who are covered the C Form obligation is for the 'Landlord' he/she has to obey the law.
The 'C Form' refers to payment.
Please read the link it refers to the fact that ordinary householders are not required to report the visit of a foreigner.

Re: Form "C" - who needs to fill? please help clarify
 

here's (another) one

AndyD

Re: Form "C" - who needs to fill? please help clarify
 

... and a special award to wookiebt - it's not often that someone gets Bipat and me to agree on something <g>

AndyD 8-)₹

Re: Form "C" - who needs to fill? please help clarify
 

Well done for finding that, I have been searching all afternoon at the same time as a half-hour + phonecall to the helpline to get my Kindle to work.

(I frequently agree with you, don't always post it.)

Re: Form "C" - who needs to fill? please help clarify
 

OK sir, but there is no "if payment is not involved, do not continue with the form" clause?

Also, how many visitors to Goa would choose to live in Bhopal and commute 800 miles each day to the beach?

Scraping the barrel for justification comes to mind?

Re: Form "C" - who needs to fill? please help clarify
 

The scruffy scanned link quoted, starts by saying.........

"If anyone knows of a foreigner without correct documentation etc "

(can't copy and paste the exact wording as the messy link doesn't allow it)

Have no idea as to the relevance of this gem, as thought we were talking about people with "correct documentation"............ ie, a valid visa?

Seems that you have agreed on being wrong maybe?


Not just trying to be argumentative........... but over the years it seems that the evidence for "not completing a C form" is outweighed by simply doing it and keeping a paperwork-happy nation................. happy?

Even those posting on here saying no need to do it, without qualification, then qualify the advice by saying it could lead to problems with the police!!

Re: Form "C" - who needs to fill? please help clarify
 

Goa is an Indian State the 'C' Form used in Bhopal is the same wording as the 'C' Form used in Goa. I presume Andy used it as an example.
http://www.goatourism.gov.in/images/uploads/c_form.pdf

People do go to other parts of India and for reasons other than a beach!!

Correct Documentation refers to a valid visa in the sense of not overstaying etc.
The two links are quite clear; the 1971 ruling that all householders should report the presence of a foreigner visiting their house was repealed.
They are still obliged to report a foreigner visiting who is over staying or other illegality.
(Although I must say We have never been asked to show our visas to relatives or friends when we have stayed with them, they all have trusted us.:)

We have tried to explain so perhaps we can leave it there.

As has been said above, the law does not specifically mention foreign house owners so perhaps British house owners in Goa and local police are making their own ad hoc law. I don't know, our place is outside Goa. Andy perhaps would know better.

Re: Form "C" - who needs to fill? please help clarify
 

Afd's link...........

http://getup4change.org/rti/wp-conte...gners20011.pdf

makes no reference to repeal of anything?

Your link,

http://articles.timesofindia.indiati...s-indian-hosts

whilst referring to some sort of "change of mind", in no way links in to the act of 1939, 1992, or C forms, so where is the relevance?

Why do I persist?

Basically, because advice is being given to ignore C form rules with no substantive evidence, which could lead to problems with the authorities for members of this forum.

I have presented references as to why it should be conformed with based on Indian Government dictates, but I see no contrary evidence.

Why the resistance to complying with a simple system that allows a (paranoid) nation to have some idea where visiting foreigners might be residing?

Re: Form "C" - who needs to fill? please help clarify
 

A_F_D's link -- see 3) The last Line.

My link was referring to the 1971 Act making it compulsory for all private householders to report the presence of foreigners visiting their house. It was repealed . As above.

It is relevant to the original poster who was asking whether she had to fill in a 'C' Form for non-paying family/ friends staying at her house. The answer was NO. The above links found after searching confirm this.
I think after all this discussion she must be reassured

Other posters introduced the subject of Foreign house owners who volunteer to fill in the 'C' Form which is intended for landlords running hotels/guesthouses etc. (the words shown in the 1992 Act). The wording on the Form indicate this.

If you and others want to fill in the Form fine!! My posts have always referred to the original poster's question regarding family visitors who are not paying her rent.

Re: Form "C" - who needs to fill? please help clarify
 

3. The Foreigners (Report to Police Order, 1971 is hereby repealed

... and at the bottom the scruffy link is revealed to be:
PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY. PT II DATED 7TH AUGUST 2001


This Correspondence is now terminated.

Re: Form "C" - who needs to fill? please help clarify
 

I know of several persons of "niz Goenkar origin" who are having Portugese passports and are owning property in Goa/India/ Europe/USA/ Canada and running business worldwide and visiting Goa for "uncertain periods of time" and are also on the electoral roll and are in some cases elected representatives holding official office in Goa.

Do they fill in a "C" Form during their prolonged stay while living/visiting for an uncertain period their home/family residence in Goa while on a foreign passport and a national of a foreign country? What visa do these foreign nationals travel to India on and do they have to register at the FRO within 14 days and obtain stamped approval at the same offices whenever they leave India?

Are these foreigners eligible for Permits Of Residence?

Re: Form "C" - who needs to fill? please help clarify
 

Love it Babu............. but hadn't you noticed Afd has closed the discussion?