Illegal Migrants (Determination by Tribunals) Act, 1983
No: 39 Dated: Dec, 25 1983
THE ILLEGAL MIGRANTS (DETERMINATION BY TRIBUNALS) ACT, 1983
ACT NO. 39 OF 1983
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
PRELIMINARY
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.
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.
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 (31 of 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) 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.
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 (34 of 1920) or the Foreigners Act, 1946 (31 of 1946) or the Immigrants (Expulsion from Assam) Act, 1950 (10 of 1950) or the Passports Act, 1967 (15 of 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-section (1), nothing in the proviso to section 2 of the Immigrants (Expulsion from Assam) Act, 1950 (10 of 1950)shall apply to or in relation to an illegal migrant as defined in Clause (c) of sub-section (1) of section 3.