The Illegal Migrants (Determination by Tribunals) Act, 1983

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, 1983and in any other State on such date as the Central Government may, by notification in the OfficialGazeette, appoint and different dates may be appointed for different States and references in this Act tothe commencement of this Act shall be construed in relation to any State as references to the date ofcommencement of this Act in such State.

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 beforethe commencement of this Act in that State or in relation to whose expulsion from such State or Indiaany 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 inIndia under such passport or travel document.

(1) In this Act, unless the context otherwiserequires, (a) "Appellate Tribunal" means an Appellate Tribunal established by the Central Governmentunder 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 issatisfied, 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 traveldocument 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) ofsection 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.

(1) The provisions of this Act or of any rule or order madethereunder 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 thesaid 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 inthe proviso to section 2 of the Immigrants (Expulsion from Assam) Act, 1950 (10 of 1950) shall apply toor in relation to an illegal migrant as defined in Clause (c) of sub-section (1) of section 3.

(1) The Central Governmentmay, 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 limitswithin 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 DistrictJudge or an Additional District Judge in any State. (3) Each Tribunal shall consist of 1[two members]. (4) On the establishment of a Tribunal, the Central Government shall appoint one of the membersthereof 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 itsChairman may, from time to time, appoint.