The Immigration and Foreigners (Exemption) Order, 2025.

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-02092025-265884 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 3892] NEW DELHI, TUESDAY, SEPTEMBER 2, 2025/BHADRA 11, 1947 MINISTRY OF HOME AFFAIRS ORDER New Delhi, the 1st September, 2025 S.O. 3997(E).—In exercise of the powers conferred by section 33 of the Immigration and Foreigners Act, 2025 (13 of 2025), and in supersession of the Registration of Foreigners (Exemption) Order, 1957 and the Immigration (Carriers' Liability) Order, 2007, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following Order, namely:- 1. Short title and commencement.—(1) This Order may be called the Immigration and Foreigners (Exemption) Order, 2025. (2) It shall come into force on the date of its publication in the Official Gazette. 2. Definitions.-(1) In this Order, unless the context otherwise requires, - (a) "Act" means the Immigration and Foreigners Act, 2025 (13 of 2025); (b) "rules" means the Immigration and Foreigners Rules, 2025. (2) Words and expressions used herein and not defined but defined in the Act or rules have the meanings respectively assigned to them in the Act or rules. 3. Exemptions. —(1) The provisions of sub-sections (1), (2) and (3) of section 3 of the Act and rules 7, 8 and 9 of the rules with regard to requirement of valid passport or other valid travel document and valid visa for entry into, stay in and exit from India, shall not apply in the following cases, subject to the conditions mentioned therein, namely :- (a) Member of Naval, Military or Air Forces of India, entering or exiting India on duty and members of the family of any such person when accompanying such person on a Government transport; (b) a citizen of India entering into India by land or by air over the Nepalese or Bhutanese frontier; (c) a citizen of Nepal or Bhutan, — (i) entering into India by land or air over the Nepal or Bhutan border; or (ii) if he possesses a 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; (d) a Tibetan who has already entered into India and staying in India or entering into India if he has registered with the Registration Officer concerned and obtained a Certificate of Registration in accordance with rule 13 of the rules, — (i) if he has entered into India after 1959 but before the 30th May, 2003 on the Special Entry Permit issued by the Embassy of India in Kathmandu; (ii) if he has entered into India after the 30th May, 2003 till the date of commencement of the Act on the new Special Entry Permit issued by the Embassy of India in Kathmandu through the immigration post on the Indo-Nepal border as designated by the Central Government; (iii) if he enters into India on or after the commencement of the Act on the new Special Entry Permit issued by the Embassy of India in Kathmandu through the immigration post on the Indo-Nepal border as designated by the Central Government; (e) a person belonging to a minority community in Afghanistan, Bangladesh and Pakistan, namely, Hindu, Sikh, Buddhist, Jain, Parsi and Christian, who were compelled to seek shelter in India due to religious persecution or fear of religious persecution and entered into India on or before the 31st December, 2024 — (i) without valid documents including passport or other travel documents; or (ii) with valid documents including passport or other travel documents and the validity of such documents have expired. (2) The provisions of sub-sections (1), (2) and (3) of section 3 of the Act to the extent of their stay in India and for the purposes of exiting India shall not apply to registered Sri Lankan Tamil nationals who have taken shelter in India upto the 9th January, 2015. Explanation. For the purpose of this sub-paragraph, “registered" means registered with an officer designated for this purpose by the Central Government or the State Government. (3) The provisions of sub-sections (1), (2) and (3) of section 3 of the Act and rule 9 of the rules to the extent of requirement of a visa shall not apply in the case of (a) foreigners holding diplomatic and official passports where visa requirements are waived under any intergovernmental agreement; (b) foreigners from specified countries intending to avail visa-on-arrival at the designated ports of entry as per conditions specified for grant of such visa-on-arrival; and (c) foreign military personnel visiting India on foreign naval warships on multilateral exercises, goodwill visits, bunkering of vessels and assistance during natural calamities, unless exempted or notified by any intergovernmental agreement or by the Central Government. (4) The provisions of sections 17 and 18 of the Act and rules 22, 24 and 25 of the rules shall not apply to a carrier transporting passengers and crew by rail or road into or from India. (5) The provisions of section 19 of the Act shall not apply to the carrier carrying — (a) the passengers travelling on forged documents, if such forgery cannot be detected without the help of document examination experts; (b) the stow-away passengers whom the carrier is ready to take back; (c) the passengers who have arrived on an aircraft or ship which, on departure, had been diverted to India for reasons beyond the control of the carrier; (d) the foreigners exempted from the requirement of passport or other travel document and valid visa as referred to in sub-paragraphs (1), (2) and (3);" (e) the foreigners availing Temporary Landing Permit at the immigration posts of entry [F. No. 25022/07/2025-F.I] NITESH KUMAR VYAS, Addl. Secy. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. GORAKHA NATH YADAVA Digitally signed by GORAKHA NATH YADAVA Date: 2025.09.02 14:27:47 +05'30'