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ILLEGAL MIGRANTS (DETERMINATION BY TRIBUNALS) ACT

Ministry of Law and Justice

Act nº 39 of 1983


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IV
  • Chapter V
  • Act nº 39 of 1983

Preamble

THE ILLEGAL MIGRANTS (DETERMINATION BY TRIBUNALS) ACT, 1983

[Act, No. 39 of 1983]

[25th December, 1983]

PREAMBLE

An Act to provide for the establishment of Tribunals for the determination, in a fair manner, of the question whether a person is an illegal migrant to enable the Central Government to expel illegal migrants from India and for matters connected therewith or incidental thereto.

WHEREAS a good number of the foreigners who migrated into India across the borders of the eastern and north-eastern regions of the country on and after the 25th day of March, 1971, have, by taking advantage of the circumstances of such migration and their ethnic similarities and other connections with the people of India and without having in their possession any lawful authority so to do, illegally remained in India;

AND WHEREAS the continuance of such foreigners in India is detrimental to the interests of the public of India;

AND WHEREAS on account of the number of such foreigners and the manner in which such foreigners have clandestinely been trying to pass off as citizens of India and all other relevant circumstances, it is necessary for the protection of the citizens of India to make special provisions for the detection of such foreigners in Assam and also in any other part of India in which such foreigners may be found to have remained illegally :

BE it enacted by Parliament in the Thirty-fourth Year of the Republic of India as follows :--

Chapter I

Section 1. Short title, extent and commencement

This Act may be called The illegal Migrants (Determination by Tribunals) Act, 1983.

(2) It extends to the whole of India.

(3) It shall be deemed to have come into force in the State of Assam on the 15th day of October, 1983 and in any other State on such date as the Central Government may, by notification in the Official Gazeette, appoint and different dates may be appointed for different States and references in this Act to the commencement of this Act shall be construed in relation to any State as references to the date of commencement of this Act in such State.

Section 2. Application

Nothing in this Act shall apply to or in relation to--

(a) any person who was in any State and who had been expelled from that State or India before the commencement of this Act in that State or in relation to whose expulsion from such State or India any order made before such commencement under any other law is in force;

(b) any person detected as a foreigner at the time of his entry across any border of India;

(c) any foreigner who, having entered into India under a valid passport or travel document, continued to remain therein after the expiry of the period for which he was authorised to remain in India under such passport or travel document.

Section 3. Definitions and construction of references

(1) In this Act, unless the context otherwise requires,--

(a) "Appellate Tribunal" means an Appellate Tribunal established by the Central Government under sub-section (1) of Section 15;

(b) "foreigner" has the same meaning as in the Foreigners Act, 1946;

(c) "illegal migrant" means a person in respect of whom each of the following conditions is satisfied, namely :--

(i) he has entered into India on or after the 25th day of March, 1971;

(ii) he is a foreigner;

(iii) he has entered into India without being in possession of a valid passport or other travel document or any other lawful authority in that behalf;

(d) "notification" means a notification published in the Official Gazette;

(e) "prescribed" means prescribed by rules made under this Act;

(f) "Tribunal" means a Tribunal established by the Central Government under subsection (1) of Section 5.

(2) Any reference in this Act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.

Section 4. Overriding effect of the Act

(1) The provisions of this Act or of any rule or order made thereunder shall have effect notwithstanding anything contained in the Passport (Entry into India) Act, 1920 or the Foreigners Act, 1946 or the Immigrants (Expulsion from Assam) Act, 1950 or the Passports Act, 1967 or any rule or order made under any of the said Acts and in force for the time being.

(2) In particular and without prejudice to the generality of the provisions of sub-secion (1), nothing in the proviso to Section 2 of the Immigrants (Expulsion from Assam) Act, 1950 shall apply to or in relation to an illegal migrant as defined in Clause (c) of sub-section (1) of Section 3.

Chapter II

Section 5. Establishment of Illegal Migrants (Determination) Tribunals

(1) The Central Government may, by notification, establish, for the purposes of this Act, as many Illegal Migrants (Determination) Tribunals as it may deem necessary and specify the principal place of sitting of, and the territorial limits within which, each such Tribunal shall exercise its jurisdiction.

(2) No person shall be appointed as a member of any such Tribunal unless he is or has been a District Judge or an Additional District Judge in any State.

(3) Each Tribunal shall consist of1[two members].

(4) On the establishment of a Tribunal, the Central Government shall appoint one of the members thereof as the Chairman of such Tribunal.

(5) Each Tribunal shall sit in its principal place of sitting and in such other place or places as its Chairman may, from time to time, appoint.

1. Substituted for the words "three members" by illegal Migrants (Determination by Tribunals) Amdt. Act (24 of 1988), Section 2 (25-4-1988).


Section 6. Filling of vacancies

If, for any reason, any vacancy occurs in the office of the Chairman or1[the member] of a Tribunal, the Central Government may fill the vacancy by appointing any person who fulfils the qualifications specified in sub-section (2) of Section 5, as the Chairman, or, as the case may be, member of such Tribunal.

1. Substituted for the words "any other member" by illegal Migrants (Determination by Tribunals) Amdt. Act (24 of 1988), Section 3 (25-4-1988).


Section 7. Staff of the Tribunals

The Central Government shall make available to every Tribunal such staff as may be necessary for the discharge of its functions under this Act.

Section 8. References or applications to Tribunals

(1) If any question arises as to whether any person is or is not an illegal migrant, the Central Government may, whether such question has arisen on a representation made by such person against any order under the Foreigners Act, 1946 requiring him not to remain in India or to any other effect or has arisen in any other manner whatsoever, refer such question to a Tribunal for decision.

(2)1[Any person may make an application to the Tribunal, for its decision, as to whether the person whose name and other particulars are given in the application, is or is not an illegal migrant.

2[Provided that no such application shall be entertained by the Tribunal unless the person in relation to whom the application is made is found, or resides, within the jurisdiction of the same police station wherein the applicant has the place of residence.]

(3) Every application made under sub-section (2) shall be made in such form and in such manner as may be prescribed and shall be accompanied by affidavits sworn by not less than3[two persons residing within the jurisdiction of the same police station] in which the person referred to in the application is found, or residing, corroborating the averments/made in the application, and shall also be accompanied by such fee, being not less than4[ten] and not more than one hundred, rupees, as may be prescribed.

5[(4) Every reference under sub-section (1) be made to the Tribunal within the territorial limits of whose jurisdiction the place of residence of the person named in such reference is, at the time of making such reference, situated :

Provided that where such person has no place of residence, the reference shall be made to the Tribunal within the territorial limits of whose jurisdiction such person is at the time of making such reference, found.

(5) Every application under sub-section (2) shall be made to the Tribunal within the territorial limits of whose jurisdiction the person named in such application is found or, as the case may be, has his place of residence, at the time of making such application.]

1. Words, brackets and figure "without prejudice to the power conferred as the Central Government by sub-section (1)" omitted by Illegal Migrants (Determination by Tribunals) Amdt. Act (24 of 1988), Section 4(a) (i)(25-4-1988).

2. Substituted by Illegal Migrants (Determination by Tribunals) Amdt. Act (24 of 1988), Section 4(a) (i)(25-4-1988), Section 4(a)(ii).

3. Substituted for the words "two persons residing within three kilometres of the area" by Illegal Migrants (Determination by Tribunals) Amdt. Act (24 of 1988), Section 4(a) (i)(25-4-1988), Section 4(a)(ii), Section 4(b)(i).

4. Substituted for the words "twenty-five" by Illegal Migrants (Determination by Tribunals) Amdt. Act (24 of 1988), Section 4(a) (i)(25-4-1988), Section 4(a)(ii), Section 4(b)(i), Section 4(b)(ii).

5. Substituted for sub-section (4) by Illegal Migrants (Determination by Tribunals) Amdt. Act (24 of 1988), Section 4(a) (i)(25-4-1988), Section 4(a)(ii), Section 4(b)(i), Section 4(b)(ii), Section 4(c).


Section 8A. Application to the Central Government for reference

1[8A. Application to the Central Government for reference.--

(1) Any person may make an application to the Central Government, for decision by a Tribunal, as to whether the person whose name and other particulars are given in the applications, is or is not an illegal migrant, and where any such application is received by the Central Government, it may, on the basis of any information in its possession or after making such inquiry as it deems fit, reject the application on the ground that the application is frivolous or vexatious or it does not comply with the requirements of this section or refer such application to a Tribunal for decision.

(2) Every application made under sub-section (1) shall be made in such form and in such manner as may be prescribed and shall be accompanied by a declaration by another person residing within the jurisdiction of the same revenue sub-division in which the applicant resides in such form as may be prescribed to the effect that the particulars mentioned in the application are true to his knowledge, information and belief :

Provided that no person shall make more than ten such applications or more than ten such declarations.

(3) Every reference under sub-section (1) shall be made to the Tribunal within the territorial limits of whose jurisdiction the place of residence of the person named in such reference is, at the time of making such reference, situated :

Provided that where such person has no place of residence, the reference shall be made to the Tribunal within the territorial limits of whose jurisdiction such person is, at the time of making such reference, found.]

1. Inserted by illegal Migrants (Determination by Tribunals) Amdt. Act (24 of 1988), Section 5 (25-4-1988).


Section 9. Powers of Tribunal

Every Tribunal shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters, namely :--

(a) summoning and enforcing the attendance of witnesses and examining them on oath;

(b) discovery and production of any document;

(c) reception of evidence on affidavits;

(d) requisitioning of public records from any court or office;

(e) issuing of any commission for the examination of witnesses.

Section 10. Procedures with respect to references under sub-section (1) of section 8

On receipt of a reference under sub-section (1) of1 [section8 or sub-section (1) of section 8A] the Tribunal shall serve on the personnamed in such reference, a notice, accompanied by a copy of such reference,calling upon him to make, within a period of thirty days from the date ofreceipt of such notice, such representation with regard to the averments madein the reference, and to produce such evidence as he may think fit in supportof his defence :

Provided that if the Tribunal is satisfied that the personaforesaid was prevented by sufficient cause from making his representation andfrom producing evidence in support of his defence within the said period ofthirty days, it may permit him to make his representation and to produceevidence in support of his defence, within such further period, not exceedingthirty days, as it may, by order, specify.

1. Substituted for the word and figure "section 8"by Illegal Migrants (Determination by Tribunals) Amdt. Act (24 of 1988), Section 6(25-4-1988).


Section 11. Procedure with respect to applications under sub-section (2) of s

(1) On receipt of an application under sub-section (2) of section 8, the Tribunal shall issue a notice, accompanied by a copy of the application, to the prescribed authority calling upon it to furnish, after making such inquiry as that authority may deem fit a report to the Tribunal with regard to the averments made in the application.

(2) If, on a consideration of the report made by the prescribed authority the Tribunal is satisfied that--

(a) the person named in the application is not an illegal migrant or that the application is frivolous of vexatious, or has not been made in good faith, the Tribunal shall, after giving the applicant an opportunity to be heard, reject the application;

(b) there are reasonable grounds to believe that the person named in the application is an illegal migrant, the Tribunal shall issue a notice accompanied by a copy of the application, to the person named in the application, calling upon him to make within thirty days from the date of receipt of the notice, such representation with regard to the averments made in the application and to produce such evidence as he may think fit in support of his defence :

Provided that if the Tribunal is satisfied that the person aforesaid was prevented by sufficient cause from making his representation and from producing evidence in support of his defence within the said period of thirty days, it may permit him to make his representation and to produce evidence in support of his defence, within such further period, not exceeding thirty days, as it may, by order, specify.