In a gazette notification on Tuesday, the MHA ordered all state governments and UTs to set up dedicated holding centres or detention camps to restrict the movement of illegal foreigners until they are deported.
“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 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 holding centre,” it said.
The MHA said foreigners may be refused entry into or stay in India if they are convicted of serious charges and no foreigner shall climb or attempt to climb any mountain peak in India without permission from the Centre.
It also listed guidelines for employing 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 said Nepal or Bhutan citizens entering India by land or air need not furnish passport and visa. This also applies if they have valid passport while entering or exiting India from or to a place other than Nepal or Bhutan, but not from China, Macau, Hong Kong or Pakistan.
The provision is also applicable to Tibetans who have already entered India and are staying in the country or entering India if they have registered with the registration officers concerned and obtained certificates of registration, if they entered India after 1959 but before May 30, 2003.
As per notification, exemptions will apply to a person belonging to a minority community in Afghanistan, Bangladesh and Pakistan, namely Hindus, Sikhs, Buddhists, Jains, Parsis and Christians, compelled to seek shelter in India due to religious persecution and entered India on or before December 31, 2024 — with or without valid documents.
