In a gazette notification on Tuesday, the Ministry of Home Affairs directed all state governments and Union Territories to establish dedicated holding centres or detention camps to restrict the movement of illegal foreigners until deportation.

“The Central government or the state government or the Union Territory administration or the District Collector or the District Magistrate may, by order, refer the question as to whether a person is or is not a foreigner within the meaning of the Act to a Foreigners Tribunal constituted for the purpose by the Central government, for its opinion. The Foreigners Tribunal shall consist of a maximum three members having judicial experience, as the Central government may think fit to appoint. Where the proceedee fails to produce any proof in support of his claim that he is not a foreigner and also not able to arrange for bail in respect of his claim, the proceedee shall be detained and kept in a holding centre,” the order stated.

The Ministry said that foreigners may be denied entry into or stay in India if they are convicted of serious offences, and added that no foreigner shall climb or attempt to climb any mountain peak in India without permission from the Centre.

It also laid down regulations for the employment of foreigners in the private sector. “No foreigner who is in possession of a valid visa for taking up employment in India shall, without the permission of the civil authority, accept employment in an undertaking in the private sector engaged in the supply of power or water or in the petroleum sector. Any undertaking in the private sector engaged in the field of defence, space technology, nuclear energy or human rights or any other sector as specified in this behalf, shall not employ any foreigner without prior permission of the Central government.”

Another notification clarified that citizens of Nepal or Bhutan entering India by land or air need not furnish a passport or visa. The same applies if they possess a valid passport while entering or leaving India from or to any country other than Nepal or Bhutan, except China, Macau, Hong Kong or Pakistan.

This provision also extends to Tibetans who have already entered India or are entering, provided they are registered with the concerned registration officers and have obtained certificates of registration. It applies to those who entered the country after 1959 but before May 30, 2003.

According to the notification, exemptions will also cover minority communities from Afghanistan, Bangladesh and Pakistan, namely Hindus, Sikhs, Buddhists, Jains, Parsis and Christians, who sought refuge in India due to religious persecution and entered on or before December 31, 2024, with or without valid documents.