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THE ILLEGAL MIGRANTS (DETERMINATION BY TRIBUNALS) ACT, 1983

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

Year : 1983



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 by section 28, and the powers conferred by this section, may, subject to such conditions as may be specified in the notification, be exercised of discharged also by-

(a) Any officer subordinate to the Central Government.

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

21A -1* Power to bind certain persons against whom complaint is made under the Act

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.]

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1. Inserted by Illegal Migrants (Determination by Tribunals) (Amendment) Act (24 of 1988), Section 14 (25-4-1988).

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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 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.]

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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 (Determination by Tribunals) (Amdt.) Act (24 of 1988), Section 15(25-4-1988).

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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) of section 8;

1*[(aa) The form and the manner in which an application, and the form in which a declaration, may be made under sub-section (2) of section 8A;]

2*[(b) The authority or authorities to be prescribed under sections 11, 12 and 16;]

(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) of section 15;

1*[(ca) The manner of arrest and detention under the proviso to section 21A;]

(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.

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1. Inserted by Illegal Migrants (Determination by Tribunals) (Amdt.) Act (24 of 1988), Section 16(a) and (c) (25-4-1988).

2. Clause (b) substituted by Illegal Migrants (Determination by Tribunals) (Amdt.) Act (24 of 1988), Section 16(a) and (c) (25-4-1988), Section 16(b).

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(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 provisions of this Act.

Last updated on July, 2016

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