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Illegal Migrants (Determination by Tribunals) Act, 1983 Preamble 1

Title: Illegal Migrants (Determination by Tribunals) Act, 1983

State: Central

Year: 1983

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.....

Illegal Migrants (Determination by Tribunals) Act, 1983 Section 12

Title: Determination of the Question as to Whether a Person is an Illegal Migrant

State: Central

Year: 1983

.....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. _________________________ 1. Substituted for the words and figure "section 8, or to which an application has been made under that section" by the Illegal Migrants (Determination by Tribunals) Amdt. Act (24 of 1988), Section 7(a) (25-4-1988). 2. Substituted for sub-section (2) by the Illegal Migrants (Determination by Tribunals) Amdt. Act (24 of 1988), Section 7(a) (25-4-1988), Section 7(b). 3. Inserted by the Illegal Migrants (Determination by Tribunals) Amdt. Act (24 of 1988), Section 7(a) (25-4-1988), Section 7(b), Section 7(c).

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

Title: Illegal Migrants (Determination by Tribunals) Act, 1983

State: Central

Year: 1983

.....to be disposed of within six months Section14 - Appeal Section15 - Appellate Tribunal Section16 - Order of the Appellate Tribunal Section17 - Power of superintendence by Appellate Tribunal Chapter III Section18 - Procedure Section19 - Proceeding before every Tribunl to be judicial proceedings for certain purposes Chapter IV Section20 - Expulsion of illegal migrant Chapter V Section21 - Delegation of powers Section21A - Power to bind certain persons against whom complaint is made under the Act Section22 - Power to give effect to the orders etc. Section23 - Bar of jurisdiction of civil courts Section24 - Transitory provision Section25 - Penalties Section26 - Protection of action taken in good faith Section27 - Power to remove difficults Section28 - Power to make rules Section29 - Repeal and saving

Illegal Migrants (Determination by Tribunals) Act, 1983 Section 5

Title: Establishment of Illegal Migrants (Determination) Tribunals

State: Central

Year: 1983

(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).

Illegal Migrants (Determination by Tribunals) Act, 1983 Section 20

Title: Expulsion of Illegal Migrant

State: Central

Year: 1983

1 [(1)] Where a person has been determined by aTribunal, or, as the case may be, by the Appellate Tribunal, to be an illegalmigrant, the Central Government shall, by order served on such person, directsuch person to remove himself from India within such time and by such route asmay be specified in the order and may give such further directions in regard tohis removal from India as if may consider necessary or expedient. 1 [(2) Any police officer not below the rank of aSuperintendent of Police shall have such powers as may be necessary, includingthe power to obtain a bond from any person for the due compliance of an orderunder sub-section (1) and to arrest such person in the event of his failure tofurnish such bond to the satisfaction of such police officer.] __________________________ 1.Section 20renumbered as sub-section (1) and after sub-section (1) as so renumbered,sub-section (2) inserted by Illegal Migrants (Determination by Tribunals)Amendment Act (24 of 1988), Section 13 (25-4-1988).

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

State: Central

Year: 1983

.....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.] SECTION 17: POWER OF SUPERINTENDENCE BY.....

Illegal Migrants (Determination by Tribunals) Act, 1983 Chapter II

Title: Establishment of Tribunals

State: Central

Year: 1983

.....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. 1[(3) The Appellate Tribunal shall send a copy of every order passed by it under sub­section (1) to the parties to the appeal, to the Tribunal concerned and to the prescribed authority or authorities.] (4)2[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......

Illegal Migrants (Determination by Tribunals) Act, 1983 Section 8

Title: References or Applications to Tribunals

State: Central

Year: 1983

.....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).

Illegal Migrants (Determination by Tribunals) Act, 1983 Chapter V

Title: Miscellaneous

State: Central

Year: 1983

.....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. Section 25 - Penalties Any person who-- (a) contravenes or attempts to contravene, or abets the contravention of, any order made under section 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 under section 20 or has failed to comply with any direction given by any such order, 1[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 a term of less than one year or a fine of less than two thousand rupees.] ________________________ 1. Substituted for the words "shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine", by the Illegal Migrants (Deterrmination by Tribunals) (Amdt.) Act (24 of 1988), Section.....

Industrial Disputes Act, 1947 Section 24

Title: Illegal Strikes and Lock-outs

State: Central

Year: 1947

(1) A strike or a lock-out shall be illegal if-- (i) it is commenced or declared in contravention of section 22 or section 23; or (ii) it is continued in contravention of an order made under sub-section (3) of section 101[or sub-section (4A) of section 10A]. (2) Where a strike or lock-out in pursuance of an industrial dispute has already commenced and is in existence at the time of the reference of the dispute to a Board1[an arbitrator, a]2[Labour Court, Tribunal or National Tribunal], the continuance of such strike or lock-out shall not be deemed to be illegal, provided that such strike or lock-out was not at its commencement in contravention of the provisions of this Act or the continuance thereof was not prohibited under sub-section (3) of section 101[or sub-section (4A) of section 10A] (3) A lock-out declared in consequence of an illegal strike or a strike declared in consequence of an illegal lock-out shall not be deemed to be illegal. ________________________ 1. Inserted by Act 36 of 1964, Section 12 (w.e.f. 19-12-1964). 2. Substituted by Act 36 of 1956, Section 18, for "or Tribunal" (w.e.f. 10-3-1957).