5. 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 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.
6. Filling of vacancies.—If, for any reason, any vacancy occurs in the office of the Chairman or 2
[the
member] of a Tribunal, the Central Government may fill the vacancy by appointing any person who
fulfils the qualifications specified in sub-section (2) of section 5, as the Chairman, or, as the case may be,
member of such Tribunal.
7. Staff of the Tribunals.—The Central Government shall make available to every Tribunal such
staff as may be necessary for the discharge of its functions under this Act.
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
(31 of 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)
3
*** 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:
4
[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.]
1. Subs. by Act 24 of 1988, s. 2, for “three members” (w.e.f. 25-4-1988).
2. Subs. by s. 3, ibid., for “any other member” (w.e.f. 25-4-1988).
3. The words, brackets and figure “Without prejudice to the power conferred on the Central Government by sub-section (1)”
omitted by s. 4, ibid. (w.e.f. 25-4-1988).
4. Subs. by s. 4, ibid., for the proviso (w.e.f. 25-4-1988).
4
(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 than1
[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 than2
[ten] and not more than one hundred, rupees, as may be prescribed.
3
[(4) 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.
(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.]
4
[8A. 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 application, 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.]
9. Powers of Tribunal.—Every Tribunal shall have the same powers as are vested in a civil court
under the Code of Civil Procedure, 1908 (5 of 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.
10. Procedure with respect to references under sub-section (1) of section 8.—On receipt of a
reference under sub-section (1) of5
[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
1. Subs. byAct 24 of 1988, s. 4, for “two persons residing within three kilometres of the area” (w.e.f. 25-4-1988).
2. Subs. by s. 4, ibid.,for “twenty-five” (w.e.f. 25-4-1988).
3. Subs. by s. 4, ibid., for sub-section (4) (w.e.f. 25-4-1988).
4. Ins. by s. 5, ibid. (w.e.f. 25-4-1988).
5. Subs. s. 6,ibid.,for “section 8” (w.e.f. 25-4-1988).
5
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.
11. Procedure with respect to applications under sub-section (2) of section 8.—(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.
12. Determination of the question as to whether a person is an illegal migrant.—(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 authority3
[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.
13. Reference and application to be disposed of within six months.—Every reference made to a
Tribunal under4
[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
1. Subs. by Act 24 of 1988, s. 7, for “section 8, or to which an application has been made under that section” (w.e.f. 25-4-1988).
2. Subs. by s. 7, ibid.,for sub-section (2) (w.e.f. 25-4-1988).
3. Ins. by s. 7, ibid. (w.e.f. 25-4-1988).
4. Subs. by s. 8, ibid., for “section 8 or application made to a Tribunal under that section” (w.e.f. 25-4-1988).
6
within a period of six months from the date of the service, on the person concerned, of a copy of such
reference or application.
14. Appeal.—The Central Government, or any person, named in a reference or an application under
section 8, or any applicant 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.
15. Appellate Tribunal.—(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 Tribunal unless he is or has been a
Judge of a High Court.
(3) An Appellate Tribunal shall consist of as many members, not being2
[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 thereof3
[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.
4
[(10) Every Appellate Tribunal shall have the same powers as are vested in an appellate court under
the Code of Civil Procedure, 1908 (5 of 1908), while hearing an appeal.]
16. Order of the Appellate Tribunal.—(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 directions 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
1. Ins. by Act 24 of 1988, s. 9 (w.e.f. 25-4-1988).
2. Subs. by s. 10,ibid.,for “less than three” (w.e.f. 25-4-1988).
3. Subs. by s. 10, ibid., for “and each bench shall consist of not less than two members” (w.e.f. 25-4-1988).
4. Subs. bys. 10, ibid.,for sub-section (10) (w.e.f. 25-4-1988).
7
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.
3
[17. Power of superintendence by Appellate Tribunal.—(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.]