India: G.S.R. 52(E) of 1984, Illegal Migrants (Determination by Tribunals) Rules, 1984

In exercise of the powers conferred by section 28 of the Illegal Migrants (Determination by Tribunals) Act, 1983 (39 of 1983) and of all other powers enabling it this behalf, the Central Government hereby makes the following rules, namely:-

1.Short title and commencement:

(1)These rules may be called the Illegal Migrants (Determination by Tribunals) Rules, 1984.

(2)They shall come into force on the date of their publication in the Official Gazette.

2.Definitions:

In these rules, unless the context otherwise requires,

(i)"Act" means the Illegal Migrants (determination by Tribunals) Act, 1983 (39 of 1983);

(ii)"competent authority" means the Central Government and includes, where a State Government or any officer subordinate to the Central Government or a State Government is Empowered by notification under section 21 to exercise and discharge the powers and duties of the Central Government under sub-section (1) of section 8, [1][and subsection (1) of section 8-A] such State Government or officer.

(iii)"Diary" means a diary specified in rule 6:

(iv)"Form" means a form appended to these rules;

(v)"Inquiry Officer" means the officer directed to make inquiry under rule 3;

(vi)"Section" means a section of the Act;

(vii)"State Government" means the Government of a State in which the Act is in force.

(viii)"Superintendent of Police" means a Superintendent of Police under the State Government concerned.

3.Preliminary Inquiry:

For the purpose of making a reference in relation to any person under subsection (1) of [2][section 8 and sub-section (1) of section 8-A] to the Tribunal (including consideration as to whether a question such as is referred to in that section has arisen in relation to such person),-

(a)the competent authority seized of the matter shall require the Superintendent of Police to direct, or

(b)where such competent authority is the Superintendent of Police himself, the Superintendent of Police shall direct

4.Inquiry Officer to proceed with the inquiry:

An Inquiry Office, who is directed to make an inquiry under rule 3 in relation to a person as referred to therein, shall call upon that person to give information as regards the particulars mentioned in Form I.

5.Power to elicit information:

An Inquiry Officer may elicit information from any person who, in his opinion appears to be acquainted with the facts and circumstances of the case in relation to which he is making inquiry.

6.Diary to be kept by an Inquiry Officer:

Every Inquiry Officer making inquiry under the rules shall day by day enter details of his inquiry in a diary kept for the purpose setting forth the time at which any information reached him, or as the case may be ascertained by him, the time at which he began and closed his inquiry, the place or places, visited by him and the statement of the circumstances ascertained through such inquiry.

Note: Every diary kept under this rule shall be in the form of a diary as is referred to in subsection (1) of section 172 the Code of Criminal Procedure, 1973 (2 of 1974).

7.Submission of Report:

On completion of the inquiry, the Inquiry Officer shall submit the report in Form II along with the diary to the immediate superior officer who shall endorse the comments thereon and submit it to the Screening Committee referred to in rule 8.

8.Recommendations of the Screening Committee:

(1)These shall be a Screening Committee at every sub-division level where the Tribunals are established and shall consist of two members one of whom shall be Sub-Divisional Magistrate, the other a Police Officer not below the rank of Deputy Superintendent of Police, in the sub-division concerned.

(2)The Screening Committee shall after solemnising the information contained in Form II and diary, make its recommendations to the Superintendent of Police as to whether the person mentioned in the report is or is not an illegal migrant.

(3)The recommendations of the Screening Committee shall be signed by both the members of the Committee.

9.Procedure for making reference to Tribunals:

If, on the recommendations of the Screening Committee and such further information as the competent authority may call for, it appears to that authority that a question arises as to whether any person is or is not on illegal migrant, that authority shall make a reference to the Tribunal for its decision thereon, alongwith the following material namely:-

(i)The Diary;

(ii)Report of the Inquiry Officer containing the endorsement of his immediate superior officer;

(iii)Recommendations of the Screening Committee;

(iv)Such further information as that authority may consider necessary.

10.Applications to the Tribunals:

Every application to the Tribunal under sub-section (2) of section 8 shall be made in form III.

[3][10-A.Application to the Central Government.-

Every application to the Central Government under subsection (2) of Section 8-A shall be made in Form V.

10-B.

Every declaration under subsection (2) of Section 8-A shall be made in Form VI.]

11.Application Fee:

Every application shall be accompanied by a fee of [4][ten] rupees to be paid in the form of court fee stamp.

12.Prescribed Authority under Section 11:

The Superintendent of Police shall be the authority for the purposes of section 11.

[5]12-A.Prescribed Authority.-

The Chief Election Officer of the State and the District Election Officer and the Superintendent of Police having jurisdiction in the area shall be the authorities for the purposes of sub-section (3) of Section 12 and subsection (3) of Section 16.]

13.Procedure to be followed in respect of notices issued under Section 11:

(1)The Superintendent of Police may without prejudice to the powers conferred on him under sub-section (1) of section 11 so far as may be, follow the procedure specified in rules 3 to 8 while making an inquiry in respect of a notice issued to him by the Tribunal under that subsection.

14.Procedure for filing Appeals:

(1)An appeal to the Appellate Tribunal shall be made in Form IV.

(2)The particulars and grounds of appeal and the form of verification appended thereto shall be signed:

(a)in the case of the Central Government, by any officer subordinate to the Central Government or any officer subordinate to the State Government to whom the Central Government has delegated its powers:

(b)in the case of any person named in a reference or an application under sub-section (2) of section 8, by the person himself; and

(c)in the case of a person referred to in subsection (2) of section 8, by the person himself.

15.Fee for Appeals:

Every memorandum of appeal to the appellate Tribunal shall be accompanied by a fee of twenty-five rupees to be paid in the form of court fee stamp.

16.Date of presentation of Appeals:

The duly authorised officer of the Appellate Tribunal shall endorse on every copy of the memorandum of appeal the date on which it is presented and shall sign the endorsement.

17.Contents of Memorandum of Appeal:

Every appeal shall set forth, concisely and under distinct heads, the grounds of appeal without any argument or narrative; and such grounds shall be numbered consecutively.

18.What to Accompany Memorandum of Appeal:

Every memorandum of appeal shall be submitted in duplicate and shall be accompanied by two copies (at least one of which shall be a copy certified by the officer authorised by the Tribunals) of the order appealed against.

19.Rejection or Amendment of Memorandum of Appeal:

The Appellate Tribunal may reject a memorandum of appeal, if it is not in the prescribed form or return it for being amended within such time as it is not in the prescribed form or return it for being amended within such time as it may allow and on presentation after such amendment, the memorandum shall be endorsed in the manner specified in rule 16.

[6][20.The manner of arrest and detention under Section 21-A.-

(1)The person who fails to enter into a bond with or without sureties or making himself available for the inquiry and observance of such restrictions or conditions as may be specified by a Police Officer not below the rank of Superintendent of Police shall be arrested in accordance with the provisions of Sections 46 and 49 of Code of Criminal Procedure 1973 (2 of 1974). The arrest may be made by any Police officer on the orders of the Superintendent of Police in writing.

(2)After arrest, as soon as possible but not later than 24 hours exclusive of the time necessary for the journey from the place of arrest to the place of Tribunal the person shall be forwarded in custody to the Tribunal having jurisdiction in the case who may authorise the detention of the person till the reference or an application filed against him under Section 8 or Section 8-A is disposed of:

Provided that he shall be released if at any time he is prepared to and does furnish bond with or without sureties as directed by the Tribunal.]

[1] Ins. by G.S.R. 648 (E), Dated 25-5-1988, published in Gazette of India (Extra) Part II, Sec. 3 (i), dated 25.5.1988.

[2] Subs. by Ibid.

[3] Ins. by G.S.R. 648 (E) dated 25.5.1988.

[4] Subs. for 'twenty five' by G.S.R. 648 (E) Dated 25-5-1988

[5] Ins. by G.S.R. 648 (E) Dated 2551988.

[6] Ins. by G.S.R. 648 (E) dated 25.5.1988.