Form C for Private house hosts

#1 Jan 21st, 2019, 20:23
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  • vb1993 is offline
#1
Hi,
My friend is coming next month from Germany to stay at my place at Kolkata for 3 weeks or so. I'm covering the whole stay.
I recently found out about the form C. And a little research showed that people have different opinion whether individual persons hosting friends and family should submit it or not.
So should I submit the form anyways? Or it will just complicate things?

And, I can submit it online right?

Thanks in advance.
#2 Jan 21st, 2019, 22:10
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  • aarosh is offline
#2
https://boi.gov.in/content/form-c does mention Individual houses.
#3 Jan 21st, 2019, 22:55
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#3

Exclamation

Quote:
Originally Posted by aarosh View Post https://boi.gov.in/content/form-c does mention Individual houses.
Yes, but the original law says establishment which rents the house to foreigners such as homestay, hotels, guest-house etc. But what if no monetary transaction is involved like having guests?

And can it be submitted online?
#4 Jan 22nd, 2019, 10:10
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#4
Nobody in whose home I stayed ever filed such..
#5 Jan 22nd, 2019, 10:36
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#5
Quote:
Originally Posted by edwardseco View Post Nobody in whose home I stayed ever filed such..
Same with me — but after I asked, it turned out they all knew they were legally bound to do so.
That is the law in TN and HP.

Guesthouses process you on line, but they still have to physically hand in a spreadsheet of the guests daily to the cops, I would be rather surprised if you could process a home stay entirely on line , I think you would have to front the cop station at some stage.
I was not a paying guest.
#6 Jan 22nd, 2019, 18:08
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#6
Quote:
Originally Posted by vb1993 View Post Yes, but the original law says establishment which rents the house to foreigners such as homestay, hotels, guest-house etc. But what if no monetary transaction is involved like having guests?
Monetary transaction is not relevant, the main reason for form C is to keep a track on foreigners which is helpful to both the country and the tourist in case anything untoward happens.

So yes, you are required to fill form C even if you are hosting a friend. Most people don't do it is another matter altogether.
If you find my posts confrontationist, please bear, I am an old frustrated guy who has nothing better to do than sit on rocking chair and curse the world whole day
#7 Jan 22nd, 2019, 21:42
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#7

Question

Quote:
Originally Posted by edwardseco View Post Nobody in whose home I stayed ever filed such..
Quote:
Originally Posted by redninja View Post Same with me — but after I asked, it turned out they all knew they were legally bound to do so.
That is the law in TN and HP.

Guesthouses process you on line, but they still have to physically hand in a spreadsheet of the guests daily to the cops, I would be rather surprised if you could process a home stay entirely on line , I think you would have to front the cop station at some stage.
I was not a paying guest.


Quote:
Originally Posted by jituyadav View Post Monetary transaction is not relevant, the main reason for form C is to keep a track on foreigners which is helpful to both the country and the tourist in case anything untoward happens.

So yes, you are required to fill form C even if you are hosting a friend. Most people don't do it is another matter altogether.
Well Indian FRRO now have an online portal . https://indianfrro.gov.in/frro/FormC/menuuserreg.jsp

And at the end of the form, they simply ask "Save" (I followed the ahndful youtube tutorials that were available) and not "submit" or "send". So It's very confusing that whether a person is done by filling up the form online or now have to print it out and send personally. To do all that within 24 hours seems a lot of hassle. Who knows they even review the forms or not. I read tourists attraction sites get such forms like 300 in a week.
#8 Jan 23rd, 2019, 00:29
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  • nycank is offline
#8
Quote:
Originally Posted by jituyadav View Post Monetary transaction is not relevant, the main reason for form C is to keep a track on foreigners which is helpful to both the country and the tourist in case anything untoward happens.

So yes, you are required to fill form C even if you are hosting a friend. Most people don't do it is another matter altogether.
Quote:
Originally Posted by aarosh View Post https://boi.gov.in/content/form-c does mention Individual houses.



As per Registration of Foreigners Rules 1992, published in the Gazette, we know that Form C pertains only to hotels.



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further more, it's amendment in March 2016 defines what constitutes a hotel.


Quote:
16. 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 B and, if such
visitor is a foreigner shall further require him -
(a) on his arrival at the hotel to furnish the other particulars specified in Items 4
to 11 of the said register; and
(b) at the time of his departure from the 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 referred to in sub-paragraph (1) shall at all time be made available for
inspection, on the demand of any Registration Officer, magistrate or police officer not below
the rank of a head constable.

(i)]
(3) Every visitor to any hotel shall, on being required to do so 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-paragraph (1), and if such visitor is a foreigner, shall also,-
(a) on his arrival at the hotel furnish the other particulars specified in Items 4 to 11
of the said register; and
(b) at the time of his departure from the 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 particular, other than the signature of the keeper of a hotel or a visitor, which is
required by this order to be recorded in the said register, shall be recorded by the keeper of the
hotel in English language, if he is so able, or otherwise, in an Indian language.
(5) If a visitor does not understand English language, it shall be the duty of the keeper of the
hotel, if so requested to explain to the visitor the requirements of this order.
(6) The keeper of the hotel shall, as soon as may be but not more than twenty-four hours,
after the arrival of a foreigner, transmit a copy of Form C, duly completed from the
particulars furnished by the foreigner, to the Registration Officer.
(7) For the purpose of this paragraph,-

(a) “hotel” includes any boarding-house, club, dak-banglow, rest house, hostel,
paying guest house, sarai, rented accommodation, hospital, or other premises of
like nature, furnished or unfurnished, where lodging or sleeping accommodation
is provided for reward;


(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 paragraph;
(c) “sign” includes, in respect of a visitor who is unable to write, the marking 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 the hotel.
(8) The Form C shall be available online and may be submitted electronically to the
Registration Officer in the manner directed by him.
(9) The provisions in this paragraph shall not apply to, or in relation to, the persons registered
as Overseas Citizen of India Cardholder under the Citizenship Act,1955.
So Uncles, Aunts, family, pillows, brothers, sisters, friends who provide shelter gratis are not bound by "Form C"
#9 Jan 23rd, 2019, 08:14
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  • Bandicoot is offline
#9
Wow, nycank, thank you for digging up the precise statute that is applicable! This lays to rest all doubts about whether staying with relatives or friends necessitates the filing of Form C, and also the other question of whether OCIs are subject to the Form C. ("No" and "no".)

So then it's also clear that the BOI web site for Form C is simply poorly (misleadingly) worded to include the reference to individual houses without the full context, and it's also clear that hotels that are processing Form C for OCIs are doing so out of some combination of inertia and ignorance.

Thanks.
#10 Jan 23rd, 2019, 08:23
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#10
Quote:
Originally Posted by Bandicoot View Post Wow, nycank, thank you for digging up the precise statute that is applicable! This lays to rest all doubts about whether staying with relatives or friends necessitates the filing of Form C, and also the other question of whether OCIs are subject to the Form C. ("No" and "no".)

So then it's also clear that the BOI web site for Form C is simply poorly (misleadingly) worded to include the reference to individual houses without the full context, and it's also clear that hotels that are processing Form C for OCIs are doing so out of some combination of inertia and ignorance.

Thanks.
Where does it say that OCI are exempt from form C. I must have missed it?
#11 Jan 23rd, 2019, 09:11
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#11
The text of "Paragraph 16" ends with this:

Quote:
(9) The provisions in this paragraph shall not apply to, or in relation to, the persons registered
as Overseas Citizen of India Cardholder under the Citizenship Act,1955.
#12 Jan 23rd, 2019, 10:17
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  • jituyadav is offline
#12
Quote:
Originally Posted by nycank View Post So Uncles, Aunts, family, pillows, brothers, sisters, friends who provide shelter gratis are not bound by "Form C"
Thanks nycank, that settles the issue then. We had this discussion earlier somewhere and I checked with someone who told me that form C is required to be filled, seems like he was as uninformed as me. Thanks again for correcting me.

A wild thought, what if you don't get along with someone and he or she reports of a foreign national staying at your premises, how would you prove there are no reward, which could be money or other stuff like a chocolate. If it comes to that, can one send away local police by saying that the tourist is a friend and stay happily ever after?
#13 Jan 23rd, 2019, 11:44
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  • Earthian is offline
#13
Quote:
Originally Posted by jituyadav View Post A wild thought, what if you don't get along with someone and he or she reports of a foreign national staying at your premises, how would you prove there are no reward, which could be money or other stuff like a chocolate. If it comes to that, can one send away local police by saying that the tourist is a friend and stay happily ever after?
Now that should keep you awake nights. Best make peace with your neighbours....
#14 Jan 23rd, 2019, 12:30
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#14

Form C for Private house hosts

Innocent until proven guilty?
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Life gets aadhar every day.
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#15 Jan 23rd, 2019, 14:39
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#15
Quote:
Originally Posted by Nick-H View Post Innocent until proven guilty?
Nick, don't forget you are in India, here the rule is guilty until proven inncocent.
Lord, Grant me the Serenity to accept the things I cannot change, the courage to change the things I can, and the wisdom to hide the bodies of those people I had to kill because they pissed me off.

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