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THE ILLEGAL MIGRANTS (DETERMINATION BY TRIBUNALS) ACT, 1983

Title : THE ILLEGAL MIGRANTS (DETERMINATION BY TRIBUNALS) ACT, 1983

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.

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

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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 fulfills the qualifications specified in sub-section (2) of Section 5, as the Chairman, or, as the case may be, member of such Tribunal.

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

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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 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.]

8A - 6*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.]

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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 kilometers 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).

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

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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.



On receipt of a reference under sub-section (1) of1 [section8 or sub-section (1) of section 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.

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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).

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(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.



(1) The Tribunal to which a reference has been made under1*[section 8 or section 8A, or to which an application has been made under section 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.

2*[(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 authority 3*[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.

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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).

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Every reference made to a Tribunal under1*[section 8 or section 8A or application made to a Tribunal under section 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.

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1. Substituted for the words "section 8 or application made to a Tribunal under that section" by Illegal Migrants (Determination by Tribunals) Amdt. Act (24 of 1988), Section 8 (25-4-1988).

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The Central Government, or any person, named in a reference or an application under section 8, or any application under sub-section (2) of that section1*[or any person named in a reference under section 8A] may, if it or he is not satisfied with any order made by a Tribunal under section 12, prefer an appeal to the Appellate Tribunal against such order.

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1. Inserted by Illegal Migrants (Determination by Tribunals) Amdt. Act (24 of 1988), Section 9 (25-4-1988).

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(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 under section 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 being1*[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 thereof2*[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) 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 preferred 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 preferring 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.]

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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 1988), Section 10(a) (25-4-1988), Section 10(b).

3. Substituted for sub-section (10) by Illegal Migrants (Determination by Tribunal) Amdt. Act (24 of 1988), Section 10(a) (25-4-1988), Section 10(b), Section 10(c).

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(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.

1*[(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)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.]

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1. Substituted for sub-section (3) by Illegal Migrants (Determination by Tribunals) Amendment Act (24 of 1988), Section 11(a) (25-4-1988).

2. Words and figures "Subject to the provisions of section 17," omitted by Illegal Migrants (Determination by Tribunals) Amendment Act (24 of 1988), Section 11(a) (25-4-1988), Section 11(b).

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(1) Every Appellate Tribunal shall have superintendence overall 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.]

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1.Substituted for Section 17 by Illegal Migrants (Determination by Tribunals) Amdt. Act (24 of 1988), Section12 (25-4-1988).

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Last updated on July, 2016

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