 bill no 72 of 2009 the  illegal  immigrants  and  overstaying  foreign nationals (identification and deportation) bill, 2009 byshri baijayant panda, mp a billto provide for identification of illegal immigrants 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 the countries of their origin and for matters connected therewith or incidental theretobe it enacted by parliament in the sixtieth year of the republic of  india as follows:—short title and extent1 (1) this act may be called the illegal immigrants and overstaying foreign nationals(identification and deportation) act, 2009(2)it extends to the whole of indiadefinitions2 (1) in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government ofthat state and in other cases, the central government;(b) "commission" means the national commission on illegal immigrants andforeign nationals established under section 3;5(c) "foreign national" means a foreign national who is overstaying in india evenafter the expiry of period referred to in the visa or other document issued to him by the designated authority of the government of india;10(d) "illegal immigrant" means any person who comes to india without any properand valid documents issued by the designated authority of the government of india; and(e) "prescribed" means prescribed by rules made under this act31 of 1946(2) words and expression used and not defined in this act and defined in the foreigners act, 1946 shall have the meanings, respectively, assigned to them in that act153 (1) the central government shall, as soon as may be, establish a commission to be known as the national commission for identification and deportation of illegal immigrants and foreign nationals;20(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 suedestablishment of national commission for identification and deportation of illegal immigrants(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; and25(ii) four other members to be appointed by the president, in such manner as may be prescribed (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 prescribed30(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 determined by the central government from time to time35(7) the commission shall meet at such intervals and observe such procedure in the transaction of its business, as may be prescribed(8) the quorum to constitute any sitting of the commission shall be such as may be prescribed4 the commission shall perform the following functions, namely: —40(a) identify illegal immigrants/foreign nationals and their nationality;functions of the commission(b) prescribe guidelines for the state commission for identifying illegalimmigrants/foreign nationals and their nationality;(c) hear any complaint or appeal against the findings of any state commission;45(d) recommend to the appropriate government for deportation of illegal immigrantsand foreign nationals;(e) facilitate speedy hearing of cases against illegal immigrants and foreignnationals; and(f) take such measures as it may deem necessary for the purposes of this act5 (1) the central government shall, by notification in the official gazette, establish a state commission for identification and deportation of illegal immigrants and foreign nationals for a state or a group of states(2) the state commission shall consist of, —5(i) a chairperson who shall be a serving or retired judge of a high court; and(ii) four other membersestablishment of state commission for identification and deportation of illegal immigrants and foreign national(3) 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 prescribed10(4) the head office of the commission shall be in the capital city of the state or at such other place as may be prescribed(5) the commission shall have a secretariat consisting of a secretary and such other officers and employees to assist commission in discharging its functions with such terms and conditions of service as may be determined by the central government from time to time15(6) the commission shall met at such intervals and observe such procedure in thetransaction of its business, as may be prescribed(7) the quorum to constitute any sitting of the commission shall be such as may be prescribed6 the state commission shall perform the following functions, namely: —20functions of the state commissions(a) carry out necessary exercise as per the guidelines issued by the commissionto identify illegal immigrants/foreign nationals in areas under its jurisdiction;(b) prepare and forward the list of identified illegal immigrants and foreignnationals 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 commission257 (1) notwithstanding anything contained in any other law for the time being in force,the commission may recommend to the appropriate government for, —recommendations of the commission to the appropriate government(i) stopping all assistance enjoyed by the illegal immigrants and foreign nationalswith immediate effect;30(ii) impounding the ration cards, voter identity cards in the possession of illegalimmigrants and foreign nationals;(iii) deleting the names of illegal immigrants and foreign nationals from theelectoral rolls;(iv) terminating the services of illegal immigrants and foreign nationals in casethey have got employment either in public or private sector;35(v) taking necessary action to recover the loans borrowed by illegal immigrantsor foreign nationals; and(vi) ensuring deportation of the illegal immigrants and foreign nationals to theircountries40(2) the appropriate government shall, as soon as possible, take action on therecommendations of the commissionrepresentations to the commission8 (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 and dispose of the representation within one month from the date of its receipt by the commission,45(2) every person, who represents to the commission under sub-section (1), shall be given an opportunity of being heard before his representation is disposed of by the commission9 the appropriate government and the state commission shall ensure that no inconvenience is caused to any bonafide citizen of the country while enforcing the provisions of this actinconvenience not to be caused to bonafide citizens5 10 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 funds11 the provisions of this act shall have effect notwithstanding anything inconsistenttherewith contained in any other law for the time being in forceact to have overriding effect12 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in forceact not inderogation ofany other law10power to make rules13 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act15(2) every rule made 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 the 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 statement  of  objects  and  reasonsthere are millions of illegal immigrants in our country most of whom have come from our neighbouring countries unfortunately, their infiltration into our country is going on unabatedly our country is already overpopulated and struggling to provide the basic necessities of life to its own citizens and cannot 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 is becoming an unsafe place to live in for the citizens 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 unfortunately, many of them have also managed to get themselves enrolled as voters in the country and have acquired ration cards and elector cards 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 countries of their originthe illegal migrants (determination by tribunals) act, 1983 was enacted to deal with the illegal immigrants but the same has been declared ultra vires by the supreme court of india at present, except the foreigners act, 1946 there is no other law to deal with illegal immigrants in the country hence it has become necessary to have a stringent legislation to deal with this serious issuehence this billnew delhi;baijayant pandajune 5, 2009 financial memorandumclause 3 of the bill provides for the establishment of the national commission for identification and deportation of illegal immigrants and foreign nationals clause 5 of the bill provides for the establishment of state commissions for a state or for a group of states clause 10 provides that central government shall provide adequate funds for carrying out the purposes of this bill the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees two hundred crore will be involved as recurring expenditure per annuma sum of rupees fifty crore is also likely to be involved as a non-recurring expenditure memorandum  regarding  delegated  legislationclause 13 of the bill empowers the central government to make rules for carrying out the purposes of this bill the rules will relate to matters of detail onlythe delegation of legislative power is, therefore, of a normal character———— a billto provide for identification of illegal immigrants and those foreign nationals who areoverstaying in the country or have gone missing after the expiry of their visasand for their deportation to the countries of their origin and for matters connected therewith or incidental thereto————(shri baijayant panda, mp)gmgipmrnd—4154ls(s5)—03112009