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Core Purpose

This notification delegates certain powers and functions of the Central Government under the Immigration and Foreigners Act, 2025, and related Rules and Order, to State Governments, Union territory Administrations, and specified authorities.

Detailed Summary

The Ministry of Home Affairs, through Notification S.O. 3998(E) issued on 1st September, 2025, and effective from its publication on 2nd September, 2025, has exercised powers under section 28 of the Immigration and Foreigners Act, 2025 (13 of 2025). This notification supersedes ten previous notifications (S.O. 590 and S.O. 591 dated 19th April, 1958; G.S.R. 950 dated 12th August, 1960; G.S.R. 580 dated 3rd April, 1976; G.S.R. 528(E), G.S.R. 529(E), and G.S.R. 530(E) dated 3rd May, 1988; G.S.R. 605(E) dated 13th July, 2000; S.O. 242(E) dated 20th March, 2001; and S.O. 842(E) dated 30th August, 2001), except for actions already taken. The Central Government has directed that its powers and functions under the Immigration and Foreigners Act, 2025, the Immigration and Foreigners Rules, 2025, and the Immigration and Foreigners Order, 2025, shall also be exercised by State Governments, Union territory Administrations, and specific authorities. Governments of all States and Union territories are delegated powers under sub-section (2) of section 7, sections 13 and 29 of the Act, and sub-rule (1) of rule 10 of the Rules. The Commissioner, Bureau of Immigration, is delegated powers under sub-section (2) of section 7, sections 13 and 29 of the Act, sub-rule (1) of rule 10 of the Rules, and the Immigration and Foreigners Order, 2025 (excluding paragraphs 9(3), 10, 11, 16, 17, 18, 19, 20, and 21). Foreigners Regional Registration Officers and Foreigners Registration Officers are delegated powers under sub-section (2) of section 7 and section 29 of the Act. The delegation is subject to conditions that entry or exit of foreigners must be through designated immigration posts for powers under section 7(2)(a) and (b), the Central Government may modify or cancel orders, and authorities must comply with Central Government directions.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-02092025-265886 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 3893] NEW DELHI, TUESDAY, SEPTEMBER 2, 2025 MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 1st September, 2025 S.O. 3998(E).β€”In exercise of the powers conferred by section 28 of the Immigration and Foreigners Act, 2025 (13 of 2025) and in supersession of the notifications of the Government of India, Ministry of Home Affairs vide number S.O. 590, dated the 19th April, 1958, S.O. 591, dated the 19th April, 1958, G.S.R. 950, dated the 12th August, 1960, G.S.R. 580, dated the 3rd April, 1976, G.S.R. 528 (E), dated the 3rd May, 1988, G.S.R. 529 (E), dated the 3rd May, 1988, G.S.R. 530(E), dated the 3rd May, 1988, G.S.R. 605(E), dated the 13th July, 2000, S.O. 242(E), dated the 20th March, 2001 and S.O.842 (E), dated the 30th August, 2001, except as respects things done or omitted to be done before such supersession, the Central Government hereby directs that the powers and functions exercised or performed by it under the said Act, the Immigration and Foreigners Rules, 2025 and the Immigration and Foreigners Order, 2025, shall also be exercised or performed by the State Governments, Union territory Administrations and authorities mentioned in column (2) to the extent indicated in column (3) of the Table below, subject to the following conditions, namely:β€” (i) the entry or exit of a foreigner shall be only through the designated immigration post while exercising powers under clauses (a) and (b) of sub-section (2) of section 7 of the Act; (ii) the Central Government may modify or cancel any order issued by the State Government or Union territory Administration or authorities; and (iii) in the exercise of such powers and functions, the said authorities shall comply with such general or special directions, as the Central Government may issue from time to time. TABLE Sl. No. | State Governments or Union territory Administrations or Authorities | Extent of powers and functions delegated --------+--------------------------------------------------------------------+-------------------------------------------------- (1) | (2) | (3) --------+--------------------------------------------------------------------+-------------------------------------------------- 1. | Governments of all States and Union territories as | (i) Sub-section (2) of section 7 and sections 13 and | mentioned in First Schedule to the Constitution. | 29 of the Immigration and Foreigners Act, 2025 (13 | | of 2025); and | | (ii) sub-rule (1) of rule 10 of the Immigration and | | Foreigners Rules, 2025. --------+--------------------------------------------------------------------+-------------------------------------------------- 2. | Commissioner, Bureau of Immigration. | (i) Sub-section (2) of section 7, sections 13 and 29 | | of the Immigration and Foreigners Act, 2025 (13 of | | 2025); | | (ii) sub-rule (1) of rule 10 of the Immigration and | | Foreigners Rules, 2025; and | | (iii) the Immigration and Foreigners Order, 2025 | | [Other than paragraphs 9(3), 10, 11, 16,17,18,19,20 | | and 21]. --------+--------------------------------------------------------------------+-------------------------------------------------- 3. | Foreigners Regional Registration Officers and | Sub-section (2) of section 7 and section 29 of the | Foreigners Registration Officers. | Immigration and Foreigners Act, 2025 (13 of | | 2025). --------+--------------------------------------------------------------------+-------------------------------------------------- 2. This notification shall come into force on the date of its publication in the Official Gazette. [F. No. 25022/08/2025-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 Date: 2025.09.02 15:14:43 +05'30'

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