Illegal Migrants (Determination by Tribunals) Act, 1983 Complete Act - Bare Act

25th December, 1983

STATEMENT OF OBJECTS AND REASONS The influx of foreigners who illegally migrated into India across the borders of the sensitive eastern and north-eastern regions of the country and remained in the country poses a threat to the integrity and security of the said regions. A substantial number of such foreigners who migrated into India 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, illegally remained in India without having in their possession lawful authority so to do. The continuance of these persons in India has given rise to serious problems. The clandestine manner in which these persons have been trying to pass off as citizens of India has rendered their detection difficult. After taking into account the need for their speedy detection the need for protection of genuine citizens of India and the interests of the general public, the President promulgated, on the 15th October, 1983, the Illegal Migrants (Determination by Tribunals) Ordinance, 1983, to provide for the establishment of Tribunals. 2. The Ordinance provided for the establishment of Tribunals for the determination, in a fair manner, of the question whether a person is an illegal migrant. The definition of "illegal migrant", as provided in the Ordinance, recognised the 25th March, 1971, as the cut offdate. The Ordinance also empowered the Central Government to make a reference to the Tribunal and also enabled private citizens to make applications to the Tribunal for determining the question whether any person is an illegal migrant as defined in the Ordinance. The Ordinance also made suitable provisions for appeal, barring the jurisdiction of civil courts, and expulsion of persons found to be illegal migrants. 3. The Bill seeks to replace the Ordinance. -Gaz. of Ind., 22-11-83, Pt.II, S. 2, Ext., P. 11 (No. 41). Act 24 of 1988- The Illegal Migrants (Determination by Tribunals) Act, 1983 provides for the establishment of Tribunals for the determination, in a fair manner, of the question whether a person is an illegal migrant so as to enable the Central Government to expel illegal migrants from India. 2. Experience gained in the implementation of the Act has brought out the need for some amendments to the Act. This need also finds expression in clause 5.9 of the Assam Accord. 3. The Bill has been finalised after detailed discussions with the State Government of Assam. The bill provides, among other things, for the following, namely :- (i) reduction in the number of members of an Illegal Migrants (Determination) Tribunal from three to two; (ii) relaxation of the residence restriction and reduction of fee in case of private complaints; (iii) enabling any person living beyond the limits of the same police station to make an application to the Central Government for reference to a Tribunal; (iv) reduction in the minimum number of members of an Appellate Tribunal from three to two; (v) Omission of the existing provision relating to revision by High Court in view of the powers of the High Court under Articles 226and227of the Constitution; (vi) conferment of the powers on the Appellate Tribunal to exercise superintendence over all the Determination Tribunals in a State; (vii) empowering a police officer not below the rank of a Superintendent of Police to bind certain persons; (viii) providing for a minimum punishment for offences under the Act. 4. The Bill seeks to achieve the above objects. -Gaz. of Ind., 26-11-87, Pt. II, S. 2, Ext., p. 6 (No. 56).

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:-

(1) 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.

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.

(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) ofSection 15 -;

(b) "foreigner" has the same meaning as inthe 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 sub- section (1) ofSection 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.

(1) The provisions of this Act or of any rule or order made thereunder shall have effect notwithstanding anything contained inthe Passport (Entry into India) Act, 1920-orthe Foreigners Act, 1946-orthe Immigrants (Expulsion from Assam) Act, 1950-orthe 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 toSection 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) ofSection 3-.

(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.

If, for any reason, any vacancy occurs in the office of the Chairman or2[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) ofSection 5-, as the Chairman, or, as the case may be, member of such Tribunal.

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

( 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 underthe 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)3[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.4(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 than5[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 than6[ten] and not more than one hundred, rupees, as may be prescribed.

7[(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) 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.]

- Every Tribunal shall have the same powers as are vested in a civil court underthe 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.

On receipt of a reference under sub-section (1) of9[section 8-or sub-section (1) ofsection 8A-] the Tribunal shall serve on the person named 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 of receipt of such notice, such representation with regard to the averments made in the reference, 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.

(1) On receipt of an application under sub-section (2) ofsection 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 or 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.

( 1 ) The Tribunal to which a reference has been made under10[section 8-orsection 8A-, or to which an application has been made undersection 8-], shall, after taking such evidence as may be adduced before it and after making such inquiry as it may think fit and after hearing such persons as it may deem appropriate, by order, decide the question as to whether the person named in such reference or application, as the case may be, is or is not an illegal migrant : Provided that where for the determination of such question in any case the decision on any issue renders any decision on any other issue or issues unnecessary, the Tribunal may not decide such other issue or issues.

11[(2) Where the members of the Tribunal differ in their opinion on any point, the Chairman of the Tribunal shall state the point or points on which they differ and make a reference to the President of the Appellate Tribunal which exercises jurisdiction in relation to the Tribunal who shall refer the case for hearing on such point or points by a member of another Tribunal under its jurisdiction and such point or points shall be decided according to the opinion of that member and such decision shall be deemed to be the decision of the Tribunal.]

(3) The Tribunal shall send a copy of every order passed by it to the prescribed authority12[or authorities] and to the parties to the reference, or the application, as the case may be.

(4) Every order passed under sub-section ( 1 ) shall, subject to the decision of the Appellate Tribunal, be final and shall not be called in question in any court.

Every reference made to a Tribunal under13[section 8-orsection 8A-or application made to a Tribunal undersection 8-] shall be inquired into as expeditiously as possible and every endeavour shall be made to conclude such inquiry within a period of six months from the date of the service, on the person concerned, of a copy of such reference or application.

The Central Government, or any person, named in a reference or an application undersection 8-, or any application under sub-section (2) of that section14[or any person named in a reference undersection 8A-] may, if it or he is not satisfied with any order made by a Tribunal undersection 12-, prefer an appea.l to the Appellate Tribunal against such order.

(1) The Central Government may, by notification, establish for each State in which this Act is in force an Appellate Tribunal to be known as the Illegal Migrants (Determination) Appellate Tribunal for deciding appeals preferred undersection 14-against orders made by Tribunals in the State and specify the principal place of sitting of such Appellate Tribunal.

(2) No person shall be appointed as a member of an Appellate Tribunals unless he is or has been a Judge of a High Court.

(3) An Appellate Tribunal shall consist of as many members, not being15[less than two] and more than six, as the Central Government may think fit.

(4) The Central Government shall appoint one of the members of an Appellate Tribunal to be the President thereof.

(5) An Appellate Tribunal shall sit in its principal place of sitting or any such other place or places as the President thereof may, from time to time, appoint.

(6) The powers and functions of an Appellate Tribunal may be exercised and discharged by benches constituted by the President thereof from amongst the members thereof16[which may either be single member, benches or benches consisting of not less than two members.]

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

(8) Every memorandum of appeal to an Appellate Tribunal shall be made in such form and in such manner as may be prescribed, and in the case of an appeal preferred by an applicant under sub-section (2) ofsection 8-, shall also be accompanied by such fee, not being less than twenty-five and more than one hundred rupees, as may be prescribed.

(9) Every appeal shall be preferreed within thirty days from the date on which the order sought to be appealed against was communicated to the appellant : Provided that the Appellate Tribunal may, if it is satisfied that the appellant was prevented by sufficient cause from prefering the appeal within the said period, admit an appeal after the expiry of the aforesaid period of thirty days.

17[(10) Every Appellate Tribunal shall have the same powers as are vested in an appellate court underthe Code of Civil Procedure, 1908-, while hearing an appeal.]

(1) The Appellate Tribunal may, after giving the parties to the appeal a reasonable opportunity of being heard, pass such orders thereon as it may think fit, confirming, modifying or annulling the order appealed against or may remand the case to the Tribunal which had passed such order with such direction to that Tribunal as the Appellate Tribunal may think fit, for fresh determination after taking additional evidence, if necessary.

(2) Where an appeal had been heard by the Appellate Tribunal and the members thereof differ in their opinion on any point, the decision on such point shall, where there is a majority, be according to the opinion of such majority, and where there is no majority and the members are equally divided in their opinion, they shall draw up a statement of the facts of the case and the point or points on which they differ in their opinion and make a reference of the point or points or of the appeal, as the case may be, to the President of such Tribunal and on receipt of such reference, the President of the Tribunal shall arrange for the hearing of such point or points, or the appeal by one or more of the members of the Appellate Tribunal, and such point or points, or the appeal, as the case may be, shall be decided according to the opinion of the majority of the members of the Appellate Tribunal, who have heard the appeal, including those who had first heard it.

18[(3) The Appellate Tribunal shall send a copy of every order passed by it under sub- section (1) to the parties to the appeal, to the Tribunal concerned and to the prescribed authority or authorities.]

(4)19[Every order passed under sub-section (1), other than an order remanding the case, shall be final and no order passed under that sub-section shall be called in question in any court.]

(1) Every Appellate Tribunal shall have superintendence over all the Tribunals in the State.

(2) Without prejudice to the generality of the foregoing provisions, the Appellate Tribunal may-

(a) call for returns from any Tribunal.

(b) make general rules and specify forms for regulating the practice and proceedings of Tribunals; and

(c) specify the forms in which books, entries and accounts shall be kept by the officers of Tribunals.]

Subject to the provisions of this Act and the rules made thereunder, every Tribunal and every Appellate Tribunal shall have the power to regulate its own procedure in all matters arising out of the exercise of its powers or for the discharge of its functions.

Every proceeding before a Tribunal or the Appellate Tribunal shall be deemed to be a judicial proceeding within the meaning ofsections 193-and228-, and for the purposes ofsection 196 of the Indian Penal Code-; and every such Tribunal or Appellate Tribunal as the case may be, shall be deemed to a civil court for the purposes ofsection 195-and Chapter XXVI ofthe Code of Criminal Procedure, 1973-

21[(1)] Where a person has been determined by a Tribunal, or, as the case may be, by the Appellate Tribunal, to b,e an illegal migrant, the Central Government shall, by order served on such person, direct such person to remove himself from India within such time and by such route as may be specified in the order and may give such further directions in regard to his removal from India as if may consider necessary or expedient.

21[(2) Any police officer not below the rank of a Superintendent of Police shall have such powers as may be necessary, including the power to obtain a bond from any person for the due compliance of an order under sub-section (1) and to arrest such person in the event of his failure to furnish such bond to the satisfaction of such police officer.]

The Central Government may, by notification, direct that the powers and duties conferred or imposed on it by this Act, other than the powers conferred bysection 28-, and the powers conferred by this section, may, subject to such conditions as may be specified in the notification, be exercised or discharged also by-

(a) any officer subordinate to the Central Government.

(b) any State Government or any officer subordinate to that Government.

Notwithstanding anything contained in any other law for the time being in force, it shall be lawful for a police officer not below the rank of a Superintendent of Police, if he is satisfied that the circumstances so require and for reasons to be recorded in writing, to direct any person against whom a reference or an application has been made under this Act to enter into a bond with or without sureties for making himself available for the inquiry and observance of such restrictions or conditions as may be specified by such police officer: Provided that if such person fails to enter into such bond he may be arrested and detained in such manner as may be prescribed.]

Any authority empowered by or in pursuance of the provisions of this Act to exercise any power, may, in addition to any other action expressly provided for in this Act, take, or cause to be taken, such steps, and use, or cause to be used, such force, as may in its opinion be reasonably necessary for the effective exercise of such power.

Where a Tribunal or Appellate Tribunal has been established for any area for the purpose of determining whether a person is or is not an illegal migrant, no civil court shall have jurisdiction to entertain any question relating to that matter in that area and no injunction or any other order in respect of any action taken by, or before, the Tribunal or Appellate Tribunal in respect of that matter shall be granted or made by any civil court.

Where in any suit or other legal proceeding pending, whether in a civil court or in any tribunal established under any other law for the time being in force, immediately before the commencement of this Act, a question arises as to whether a person is or is not an illegal migrant, such court or Tribunal shall, without deciding such question, make an order transferring such suit or other legal proceeding to the Tribunal under this Act within the territorial limits of whose jurisdiction such court or other Tribunal is situate and on such transfer such question shall be dealt with by such Tribunal in accordance with the provisions of this Act.

Any person who-

(a) contravenes or attempts to contravene, or abets the contravention of, any order made undersection 20-; or

(b) fails to comply with any direction given by any such order; or

(c) harbours any person who has contravened any order made undersection 20-or has failed to comply with any direction given by any such order,23[shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than two thousand rupees: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for aterm of less than one year or a fine of less than two thousand rupees.]

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.

(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order to be published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty : Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.

(2) Every order made under this section, shall as soon as may be after it is made, be laid before each House or Parliament.

(1) The Central Government may, by notification, make rules to carry out the provisions of this Act

(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-

(a) the form and the manner in which an application may be made and the fee which shall accompany such application as required by sub-section (3) ofsection 8-;

24[(aa) the form and the manner in which an application, and the form in which a declaration, may be made under sub-tion (2) ofsection 8A-;]

25[(b) the authority or authorities to be prescribed undersections 11-,12-and16-;]

(c) the form and the manner in which an appeal to the Appellate Tribunal may be preferred and the fee which shall accompany such appeal as required by sub-section (8) ofsection 15;

26[(ca) the manner of arrest and detention under the proviso tosection 21 A ;] (d) any other matter which is required to be, or may be, prescribed.

(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

(1) The Illegal Migrants (Determination by Tribunals) Ordinance, 1983, is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisioins of this Act.

Footnotes:

ILLEGAL MIGRANTS (DETERMINATION BY TRIBUNALS) RULES, 1984

GS.R.52(E). (New Delhi, the 2nd February, 1984). -In exercise of the powers conferred by section 28 of the Illegal Migrants (Determination by Tribunals) Act, 1983 (39 of 1983) and of all other powers enabling it in this behalf, the Central Government hereby makes the following rules, namely :-

RULE 1 SHORT TITLE AND COMMENCEMENT

(1) These rules may be called the Illegal Migrants (Determination by Tribunals) Rules, 1984.

(2) They shall come into force on the date of their publication in the Official Gazette.

RULE 2 DEFINITIONS

In these rules, unless the context otherwise requires-

(i)"Act" meansthe Illegal Migrants (Determination by Tribunals) Act, 1983 (39 of 1983)-;

(ii) "competent authority" means the Central Governmen and includes, where a State Government or any officer subordinate to the Central Government or a State Government is empowered by notification under section 21 to exercise and discharge the powers and duties of the central Government under sub-section (1) of section 8, such State Government or officer;

(iii) "Diary" means a diary specified inrule 6-;

(iv) "Form" means a form appended to these rules ;

(v) "Inquiry Officer" means the officer directed to make inquiry underrule 3-;

(vi) "Section" means a section of the Act ;

(vii) "State Government" means the Government of a State in which the Act is in force ;

(viii) "Superintendent of Police" means a Superintendent of Police under the State Government concerned.

RULE 3 PRELIMINARY INQUIRY

For the purpose of making a reference in relation to any person under sub-section (1) of section 8 to the Tribunal (including consideration as to whether a question such as is referred to in that section has arisen in relation to such person), -

(a) the competent authority seized of the matter shall require the Superintendent of Police to direct, or

(b) where such competent authority is the Superintendent of Police himself, the Superintendent of Police shall direct, any officer not below the rank of a Sub-Inspector of Police to make an inquiry.

RULE 4 INQUIRY OFFICER TO PROCEED WITH THE INQUIRY

An Inquiry Officer who is directed to make an inquiry underrule 3-in relation to a person as is referred to therein, shall call upon that person to give information as regards the particulars mentioned in Form I.

RULE 5 POWER TO ELICIT INFORMATION

An Inquiry Officer may elicit in- formation from any person who, in his opinion appears to be acquainted with the facts and circumstances of the case in relation to which he is making inquiry.

RULE 6 DIARY TO BE KEPT BY AN INQUIRY OFFICER

Every Inquiry Officer, making inquiry under these rules shall day by day enter details or his inquiry in a diary kept for the purpose setting forth the time at which any information reached him, or as the case may be, ascertained by him, the time at which he began and closed his inquiry, the place or places, visited by him and the statement of the circumstances ascertained through such inquiry.

RULE 7 SUBMISSION OF REPORT

On completion of the inquiry, the Inquiry Officer shall submit his report in Form II along with the diary to his immediate superior officer who shall endorse his comments thereon and submit it to the Screening Committee referred to inrule 8-

RULE 8 RECOMMENDATION OF THE SCREENING COMMITTEE

(1) There shall be a Screening Committee at every Sub Division level where the Tribunals are established and shall consist of two members one of whom shall be Sub Divisional Magistrate and the other a Police Officer not below , the rank of a Deputy Superintendent of Police, in the Sub Division concerned.

(2) The Screening Committee shall, after scrutinising the information contained in Form II and the diary, make its recoir mendations to the Superintendent of Police as to whether the person mentioned in the report is or is not an illegal migrant.

(3) The recommendations of the Screening Committee shall be signed by both the members of the Committee.

RULE 9 PROCEDURE FOR MAKING REFERENCE TO TRIBUNALS

The on the recommendations of the Screening Committee and such further information as the competent authority may call for, it appears to that authority that a question arises as To Whether Any Person Is Or Is Not Anillegal Migrant, That Authority Shall Make A Reference to the Tribunal for its decision thereon, along with the following material, namely :-

(i) The Diary;

(ii) Report of the Inquiry Officer containing the endorsement of his immediate superior officer ;

(iii) Recommendations of the Screening Committee ;

(iv) Such further information as that authority may consider necessary.

RULE 10 Applications to the Tribunal

Every application to the Tribunal under sub-section (2) of section 8 shall be made in Form III

RULE 11 APPLICATION FEE

-Every application shall be accompanied by a fee of twenty-five rupees to be paid in the form of court fee stamp

RULE 12 PRESCRIBED AUTHORITY UNDER SECTION 11

The Superintendent of Police shall be the authority for the purposes of section 11.

RULE 13 PROCEDURE TO BE FOLLOWED IN RESPECT OF NOTICES ISSUED UNDER SECTION 21(1)

The Superintendent of Police may without prejudice to the powers conferred on him under sub-section (1) of section 11 so far as may be, follow the procedure specified inrules 3-,4-,5-,6-,7-,8-while malting an inquiry in respect of a notice issued to him by the Tribunal under that sub-section.

RULE 14 PROCEDURE OF FILING APPEALS

(1) An appeal to the Appellate Tribunal shall be made in Form IV.

(2) The particulars and grounds of appeal and the form of verification appended thereto shall be signed.

(a) in the case of the Central Government, by any officer subordinate to the Central Government or any officer subordinate to the State Government to whom the Central Government has delegated its powers ;

(b) in the case of any person named in a reference or an application under subsection (2) of section 8, by the person himself; and

(c) in the case of a person referred to in sub-section (2) of section 8, by the person himself

RULE 15 FEE FOR APPEARS

Every memorandum of appeal to the Appellate Tribunal shall be accompanied by a fee of twenty-five rupees to be paid in the form of court fee stamp

RULE 16 DATE OF PRESENTATION OF APPEAL

The duly authorised officer of the Appellate Tribunal shall endorse on every copy of the memorandum of appeal the date on which it is presented and shall sign the endorsement.

RULE 17 CONTENTS OF MEMORANDUM OF APPEAL

Every appeal shall set forth, concisely and under distinct heads, the grounds of appeal without any argument or narrative; and such grounds shall be numbered consecutively.

RULE 18 WHAT TO ACCOMPANY MEMORANDUM OF APPEAL

Every memorandum of appeal shall be submitted in duplicate and shall be accompanied by two copies (at least one of which shall be a copy, certified by the officer authorised by the Tribunals) of the order appealed against.

RULE 19 REJECTION OR AMENDMENT OF MEMORANDUM OF APPEAL

The Appellate Tribunal may reject a memorandum of appeal, if it is not in the prescribed form or return it for beiog amended within such time as it may allow and on presentation after such amendment, the memorandum shall be endorsed in the manner specified inrule 16-