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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 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

.....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-. SECTION 05: 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.....

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

Title: Establishment of Tribunals

State: Central

Year: 1983

..... 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.....

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.....

Illegal Migrants (Determination by Tribunals) Act, 1983 Section 15

Title: Appellate Tribunal

State: Central

Year: 1983

.....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) of section 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. 3[(10) Every Appellate Tribunal shall have the same powers as are vested in an appellate court under the Code of Civil Procedure, 1908, while hearing an appeal.] _________________________ 1. Substituted for the words "less than three" by Illegal Migrants (Determination by Tribunal) Amdt. Act (24 of 1988), Section 10(a) (25-4-1988). 2. Substituted for the words "and each bench shall consist of not less than two members" by Illegal Migrants (Determination by Tribunal) Amdt. Act (24 of.....

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

Title: Preliminary

State: Central

Year: 1983

.....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.