 bill no lxxi of 2006 the illegal immigrants and overstaying foreign nationals (identification and deportation) bill, 2006 a billto provide for the compulsory identification of illegal immigrants to the country from the neighbouring countries and those foreign nationals who are overstaying in the country or have gone missing after the expiry of their visas and for their deportation to their countries of origin by setting up a national commission for that purpose and for matters connected therewith and incidental theretobe it enacted by parliament in the fifty-seventh year of the republic of india as follows:—1 (1) this act may be called the illegal immigrants and overstaying foreign nationals(identification and deportation) act, 2006short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force with immediate effectdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in other cases, the central government(b) "commission" means the national commission on illegal immigrants and foreign nationals established under section 3;(c) "illegal immigrant" means any person who comes to india without any visa or proper and valid documents issued by the designated authority of the government of india in any foreign country;(d) "prescribed" means prescribed by rules made under this act;31 of 1946(e) terms and expressions used and not defined in this act but defined in the foreigners act, 1946 shall have the meanings respectively assigned to them in that actestablishment of commission3 (1) the central government shall, as soon as may be, establish a commission to be known as the national commission on illegal immigrants and foreign nationals, for the purposes of this act(2) the commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable and to contract and shall by the said name sue and be sued(3) the commission shall consist of,—(i) a chairperson who shall be a serving or a retired judge of the supreme court  to be appointed by the president in consultation with the chief justice of the supreme court; and(ii) three other members to be appointed by the president(4) the chairperson and other members of the commission shall hold office for a term of five years and shall be entitled to such salaries and allowances as may be prescribed(5) the head office of the commission shall be at bhubaneshwar in the state of orissa(6) the commission shall have a secretariat consisting of a secretary and such other officers and employees to assist the commission in discharging its functions with such terms and conditions of service as may be prescribed and determined by the central government from time to time(7) the commission while discharging its functions shall follow such procedure and meet in such manner as may be prescribedstate commission4  (1) the central government shall also by notification in the official gazette, establish a state commission on illegal immigrants and foreign nationals for a state or a group of states for the purposes of this act(2) the state commission shall consist of,—(i) a chairperson who shall be a serving or retired judge of a high court;and(ii) four other members(3) provisions of commission relating to tenure of office, salary and allowances, secretariat and procedure to be followed shall apply mutatis-mutandis to  the state commission5 (1) the commission shall perform the following functions, namely:—functions of the commissions(a) prescribe guidelines for the state commissions for identifying illegal immigrants and their nationality and those foreign nationals who are overstaying in the country;(b) hear any complaint against or appeal against the findings of any state commission;(c) identify illegal immigrants and their nationality and the foreign nationals overstaying in the union territories;(d) direct the appropriate government for the deportation of illegal immigrants and foreign nationals found overstaying in the country;(e) facilitate speedy hearing of cases against illegal immigrants and overstaying foreign nationals; and(f) take such measures as the commission may deem necessary for the purposes of this act (2) the state commission shall perform the following functions, namely:—(a) carry out necessary exercise as per the guidelines issued by the commission to identify illegal immigrants and their nationalities and those overstaying foreign nationals in their respective areas of jurisdiction;(b) prepare and forward the list of the identified illegal immigrants and overstaying foreign nationals to the commission and the appropriate government for their deportation from the country; and(c) discharge such other functions as may be assigned to it by the commission6 (1) notwithstanding anything contained in any other law for the time being in force, the commission may direct the appropriate government to,—power of the commission to direct the governments(i) stop all assistance enjoyed by the illegal immigrants and overstaying foreign nationals with immediate effect(ii) impound the ration card, voters identity card in the possession of illegal immigrants and overstaying foreign nationals(iii) delete the names of illegal immigrants and overstaying foreign nationals from the electoral rolls of the territorial jurisdiction of the respective governments(iv) terminate the services of illegal immigrants and overstaying foreign nationals in case they have got employment either in public or private sector;(v) take necessary action to recover the loans borrowed by illegal immigrants or overstaying foreign nationals; and(vi) take immediate action for deporting the illegal immigrants and overstaying foreign nationals to their countries (2) the appropriate government shall as soon as may be, take such action as directed by the commissionrepresentations to the commission7 (1) any person, aggrieved or who has any complaint against a decision or finding of any state commission shall be entitled to represent to the commission who shall hear the same and dispose it of within one month(2) every person who represents to the commission under sub-section (1) shall be given an opportunity of being heard before disposing of such application by the commission8 the appropriate government and the state commission shall ensure that no inconvenience is caused to any bonafide citizen of the country during the enforcement of the provisions of this actinconvenience not to be caused to bonafide citizens 9 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds for carrying out the purposes of this actcentral government to provide funds act to have overriding effect10 the provisions of this act and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, but save as aforesaid the provisions of this act shall be in addition to and not in derogation of any other law for the time being applicable to illegal immigrants or overstaying foreign nationals in the countrypower to make rules11 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement  of  objects  and  reasonsthere are millions of illegal immigrants in our country who have come from our neighbouring countries and are staying in our country unfortunately, their infiltration into our country is going on unabated our country is already overpopulated and struggling to provide the basic necessities of life to its own citizens and can not in any way afford to feed and sustain these illegal immigrants they are not only increasing the number of our booming population, but also indulging in criminal and anti-national activities they are helping the extremist activities against our nation and are responsible for creating law and order problem in the country the population of illegal immigrants has swelled even in the national capital which has become unsafe for the people since they are from the neighbouring countries, they easily mix up with the local population and it is not easy to detect them similarly, thousands of foreign nationals who come to our country on a short time visa disappear and overstay even after the expiry of their visa period they too are indulging in terrorist activities but, unfortunately, many of them have got themselves enrolled as voters in the country and have also acquired ration cards and  electors card to show themselves as indian citizens as such they are creating difficulties for the genuine citizens and usurping their rights it has, therefore, become necessary to identify them and deport them to their countriesone central law, namely, the illegal migrants (determination by tribunals) act, 1983was there to deal with the illegal immigrants but the same has been declared ultra vires of the constitution by the supreme court of india as such practically there is no law at present to deal with the problem of illegal immigrants in the country except invoking the provisions of the foreigners act, 1946 hence it has become necessary to have a central law to deal with this serious issuehence this billbj panda financial  memorandumclause 3 of the bill provides for the establishment of the national commission on illegal immigrants and foreign nationals clause 4 of the bill provides for the establishment of a state commissions for a state or for a group of state clause 9 provides that central government shall provide adequate funds for carrying out the purposes of this bill the bill, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees two hundred crore will involve as recurring expenditure per annuma sum of rupees fifty crore may also involve as non recurring expenditure memorandum  regarding  delegated  legislationclause 11 of the bill gives power to the central government to make rules for carrying out the purposes of this bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character———— a billto provide for the compulsory identification of illegal immigrants to the country from the neighbouring countries and those foreign nationals who are overstaying in the country or have gone missing after the expiry of their visas and for their deportation to their countries of origin by setting up a national commission for that purpose and for matters connected therewith and incidental thereto————(shri bj panda, mp)mgipmrnd—2218rs(s5)—11-08-2006