 '1i1ll no, l25 of· 1987  the illegal migrants (determination by ~unals) amendment bill, 1987  a billto amend the illegal migrants (determination by tribunals) act, 1983 be it enacted by parliament in the thirty-eighth year of the republic of india as fonows: -  short title 1~ this act may be called the illegal migrants (determination by tribunals) amendment act, lw7 amendmentof section 5 39 of 1983 s 2 in section 5 of the illegal migrants (determination by tribunals) act 1983 (hereinafter referred to as the principal act), in sub-section (3), for the words "three members", the words "two members" shall be substituted 3 in section 6 of the principal act, for the words "any other mem-10 ber" the words "the member" shall be substituted  amendment of section 6 4 in section 8 of the principal act-(a) in sub-section (2) j-amendment of section 8 (i) the words, brackets and figure "without prejudice to the power conferred on the cehtral governmenti' \by sub-i" section (1) ," shall be omitted; (ii) for the proviso, the following proviso shall be substituted, ·namely:-"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 s jurisdiction of the same police station wherein the applicant has his place of' residence't; (b) in sub-section (3),-(i) for the words "two persons residing within three kilometres of the area", the words "two persons residing within 10 the jurisdiction of the same police station" shall be substituted; (ii) for the word "twenty-five", the word "ten" shall be substituted; (c) for sub-section (4), the following sub-sections shall be substituted, namely: - '  l' " (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 refer ence is, at the time of making such reference, situated: provided that where such person has no place of residencle, 20 the reference shall be made to the tribunal within the terri torial limits of whose jurisdiction such person is, at the time of making such reference, found  (5) every application under su'irsection (2) shan be made to the tribunal within the territorial limits of whnse jurisdfc- 25 tion the persqn named in such application is found or, as the case may be, has his place of residence, at the time of making sueh application" 5 after section b of the principal act, the following section shall be inserted, namely:-inaortioo of new sectioo ia app&e bid til central govefpol ment for reference "8a (1) any person may make an application to the central gotenment, for· cjeci~ion bv a tribunal as tn whether the nermn whose name ~nd other particulal's are j!hren in the aonlication, i~ or is not an illeltal miltrant and where any !luch aoplication' is re-ceived by the central government it mrw on th  ha~i!l of anv in- 35 formatfon in it!': oossession or aft", makin£" ,:;n"h ptjquirv as it neems fit reiect the application on thp i!t'nl1nd that thp ~nn1i(,rtion is frivolollq or vp'l{atious or it dope; notcomnlv with thp rhmf,p ments of this section or reff"r 'such apolication to a triblmal for decision: (2) every anplication made unner suhsection (1) iihell be mane in such form and in such manner a" may he prescrihpri and !'lhall he accompanied by a declaration by another person resfdin~ within the jurisdiction of the lame revenue sub-division in which the appti cant resides in such form as may be prescribed to the effect that the particulars mentioned in the application are true to his know  ledge, information and belief: s 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 10 time of making such reference, situated: ' f 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" 15 6 in section 10 of the principal act for the word and figure "sec-amend tion 8", the words, figures, brackets and letter "section 8 or sub-section mem of (1) of section 8a" shall ~ substituted section 10 7 in section 12 of the principal act,-amend ment of (a) in sub-section (1), for the words and figure "section 8, or section 20 to which an application has been made under that section" the 12 words, figures and letter "section 8 or section sa, or to which' an application has been made under section 8" shall be substituted; (b) for sub-section (2), the following sub-section shall be substituted, namely:-2s "(2) where the members of the tribunal differ in their i 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 30 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 deci~ sion shall be deemed to be the decision of the tribunal"; (c) in sub-section (3), after the words "prescribed authority", 3s the words "or authorities" shall be inserted amend mem of section 13 - 8 in section 13 of the principal act, for the words and figure "section 8 or application made to a tribunal under that section" the words, figures and letter "section 8 or section sa or application made to a tribunal tmder section s" shall be substituted 40 9 in section 14 of the frincipal act, after the words "that section", the words, figure and letter "or any person named in a reference under section sa" shall be inserted  amend ment of section 14 10 in section 15 of the principal act,-(a) in sub-section (3), for the words "less than th~", the words "less than two" shall be substituted;· amendment of section 15 (b) in sub-section (6), for the words ""and each bench shall consist of not less than two members", the words "which may either be single member bench or benches oonsisting of not less than two members" shall be iilubstituted; (c) for sub-section, (10), the following sub-section shall be 5 substituted, namely:-s of 1908 • "(10) every appellate tribunal shall have the same powers as are vested in an appellate court under the code of civil procedure, 1908, while hearing an appeal" 11 in section 16 of the principal act,-10 amend mcdl of section 16 (a) for sub-section (3), the following sub-section shall be substituted namely:-"(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 autho- 15 rity or authorities!'; (b) in sub-section (4), the words and figures "subject to the provisions of section 17," shall be omitted substitu-12 for section 17 of the principal act, the following section shall be tion of  substituted, namely: -" 20 new lcclion for section 17 "17 (1) every appellate tribunal shall have' superintendence over all the tribunals in the state power of superinten dence by appouate tribunals (2) without prejudice to the generality of the fo'iegoing pro visions, the appellate tribunal may-(1(1) call for returns from any tribunal;  25 (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 /,  13 section 20 of the principal act shall be renumbered as' sub- 30 section (1) thereof, and after sub-section (1) as so renumbered, the fol  10wingsub-secuon shall be inserted, namely: - "(2) my police officer not below the rank of a supedntenc:ient of police shall have such powers as may be necessary, including the power to obtain a bond from any penon for the due comphance 5 of an order under sub-section (1) and to arrest such perion in the event of his failure to furnish such bond to the satisfaction of such pollce officer" 14 after section 21 of the principal act, the following section shalt  he inserted, naidfly:-insertldn of new section 21a 5 10 "21a notwithstanding anything contained in any other law for the time being in force, it shall be lawful for a police officer not below the rank of a superintendent of police, if he is satisfied that the circumstances so require and for reasons to be recorded in writing, to direct any person against whom a reference or an application has been made under this act to enter into a bond with or without sureties for making himself available for the inquiry and observance of such restrictions or conditions as may be specified by such police officer: power to bind certain persons against whom complaint is made under· the act provi~ that if such person fails to enter into such bond he may be arrested and detained in such manner as may be prescribed  15 in section 25 of the principal act, for the words "shall be punish-15 able with imprisonment for a term which may extend to thi"eje years and shall also be liable to fine", the following shall be substituted namely:-amend'" ment of section 25 "shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than two thousand rupees: 20 provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than one year or a fine of leas than two thousand rupees " 16 in section 28 of the j)rincipal act, in sub-section (2),-amend· ment of section2& 25 (a) af~er clause (a), the following clause shall be inserted, namely:-"(aa) the form and the manner in which an applic·ation, and the form in which a declaration, may be made under sub-section (2) of section sa;"; 30 (b) for clause (b), the following clause shall be substituted, namely:-"(b) the authority or authorities to be prescribed under sections 11, 12 and 16;"; (e) after clause (e), the following clause shall be inserted, 3s namely:-"(ea) the manner of arrest and detention under the proviso to section 21a;" i the illegal migrants (determination by tribunals) act, 1983 providei for the establishment o~ tribunals for: the determination, in a fair manner, of the question whether a person is an illegal migrant so as to enable the central government to expel illegal migrants from india 2 experience gained in the implementation of the act has brought out the need for some amendments tal the act this need ailio finds expression in clause 59 of the assam accord 3 the bill has been finalised after detailed discussions with the state government of assam 'rhe bill provides, among other things, for the following, namely:-(i) reduction in the number of members of an illegal migrants (determination) tribunal from three to two; (ii) relaxation of the residence ;estriction and reduction of fee in case of private complaints; (iii) enabling any person living beyond the limit~ of the same police station to (make an application to the central government for reference to a tribunal; (iv) reduction in the minimum number of members of ad appellate tribunal from three to· two; (v) omission of the existing provision relating to revision by high court in view of the powers 'of the high court under articles 226 land 227 of the constitution; (vi) conferment of the powers on the appellate tribunal to exercise superintendence over all the determination tribunals in a state; i (vii) empowering a police officer not below the rank of a superintendent of police to bind certain persons; (viii) providing for a minimum punishment for offences under the act i 4 the bill seeks to achieve ~e above objects new delm; the 16th november, 1987 buta singh  memorandum regarding delegated legislationclause 5 of the bill seeks to insert a new section sa which empowers the central government to prescribe the form and manner in which an application may be made and the form m which a: declaration may be made under that section i 2 clauses 7 and 11 of the bill which seek to amend sections 12 and 16 respectively, empower the central government to prescribe authorities to whom copies of every order passed by; a tribunal or an appellate tribunal shall be sertt i 3 clause 14 of the bill seeks to insert a new section 2la which empowers the central government to prescribe the manner of arrest and detention of persons who fail to enter into the bond under that section 4 the matters with respect to which the central government is empowered to make rules relate to matters of procedure the delegation ot ~gislative power is, therefore i of a normal character i (39 or 1983)  - - - - -  chapter ii establishment of tiubun\ls5 (1) - - - - - (3) each tribunal shall consist of three mem'gers - - - - - establish· ment c1l megal migrant (determination) tribunals filung of 8 if, for any reason, any vacancy occurs in the office of the chairman vacancies or any other member of a tribunal, the central government may flll the vacancy by appointing any person who fulflls the qualifications specified in sub-s,ection (2) of section 5, as the chairman, or, as the case may be, member of such tribunal - - - - - " , 8 (1)                          -                                            -                                                            -                                                                             -                                                                                               - lleferenees or applicationsto tribunals (2) without prejudice to the power conferred on the central government by sub-section (1), any person may make an application to the tribunal, for its diecision, as to whether the person whose name and other particulars are given in the application, is or is not an illegal migrant: i  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, at a place within three kilometres from the place of residence of the applicant (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 than two persons residing within three kilometres of the area 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 than twenty-five, and not more than one hundred rupees, as may be pres~ribed (4) every reference under sub-section (1), and every application  under sub-gection (2), shall be made to the tribunal within the tern-i torial limits of whose jurisdiction the place of residence of the person named in such reference or ap,plication, as the case may be, is situated: provided that where the person named in such reference or application has no place of residence, the reference or application, as the case may be, shall be made to the tribunal within the territorial limits of whose jurisdiction such pel'son is found  - - - - - 10 on receipt of a reference under sub-section (1) of section 8, the procedures tribunal shall serve on the person named in such reference, a notice, with resaccompanied -by a copy of such referencje, calling upon him to make, pect to references within a period of thirty days from the date of receipt of such notice, under subsuch representation with regard to the averments made in the r¢erence, section and to produce such evidence as he may think fit in support of his (1) of defence: section 8 determination of the question as to whether a pei'b~m is an illegal migrant provided that if the tribunal is satisfied that the person aforesaid was prevented by suftlcient 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 - i - - - - 12 (1) the tribunal to which a referenqe has been made under section 8, or to which an application has been made under that section, shall, after taking such evidence as may be adduced before it and after making such inquiry as it may think fit and after ~aring 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 ~ may be, is or is not an illegal migrant: provided that where for the detennination of such question in any case the decision on any issue re~rs any decision on any other issue or issues unnecessary, the tribunal may not decide such other issue or issues (2) where the members of t¥ tribunal differ in their opinion on any point, the decision on such point shall be according to the opinion of the majority of such members reference and application to be disposed ot within six months appeal (3) the tribunal shall send a copy of every order passed by it to the pr~cribed authority and to the parties to the reference, or the application, as the case may be  - - - - - 13 every reference made to a tribunal under section 8 or application made to a tribunal under that section shall be inquired into as expeditiously as possible and every endeavour shall be made to conclude such inquiry within a period of six months from the date of the service, on the person concerned, of a copy of such reference or application - u the central government, or any person, nari¥d in a reference or an application under section 8, or any applicant under sub-8ection (2) of that section may, if it or he is not satisfied with any order made by a tribunal wider section 12, prefer an appeal to t~ appellate tribunal against such order 15 (1) - - - - appellllte tribunal (3) an appellate tribunal shall consist of as many members, not being less than three and more than six, as the central government may think fit - - - - - (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 thereof and each bench shall consist ot not ],ess than two members  - - - (10) every appellate tribunal shall have the same powers as are 5 ot 1908 vested in a civil court under the code of civil procedure, 1908, while trying a suit, in respect of the following mat~rs, ,namely:-(a) summoning and enforcing the attendance of witnesses and examining them on oath; (b) discovery and production of any docum~; (c) reception of evidence on affidavits; (d) requisitioning of public j1e!cords from any court or office; (e) issuing of any commission for the examination of witnesses , 16 (1)                        -                                      -                                                    -                                                                 -                                                                               - order of the appc-late tri-bunal     (3) the appellate tribunal shall send a copy of every order passed by it under sub-section (1) to the parties to the appeal and to the tri-bunal concerned '    (4) subject to the provisions of section 17, every order passed under sub-section (1), other than an order remanding the case, shall be final and no order pa~ under that sub-section shall be called in question in any court  revision  17 the high court may call for the record of any case which baa been decided by the appellate tribunal situate within its local jurisdiction, and if such appellate tribunal appears-(a) to have exercis;ed a jurisdiction not vested in it by law, or (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the high court may make suc~, order in the case as it thinks fit: provided that the high court shall not, under this section, vary or reverse any order made or any order deciding an issue in the course of a proceeding with respect to an appeal, ~xcept where-(i) the order, if it had been made in favour of the party applying for revision, would have finally disposed of the proceeding, or (ii) the order, if a1low~ to stand, would occasion a failure of justice or cause irreparabl~ injury to the party against whom it was made expl4mtion-in this section, the expression "any case which has been decided" includes any order madle or any order deciding an issue in the course of a proceeding with respect to any appeal - - - - -  chaprer iv enforcement of the ollders made by the tribunalsexpuls~nn f>t illegal migrant zoo where a person has been ~termined by a tribunal, or, as the case may be, by the appellate tribunal, to be an illpgal migrant, the central government shall, by order se~ on such person, direct such person to remove himself from india within such time and by such route as may be specified in the order and may give such further di~tions in regard to his removal from india as it may consider necessary or expedient - - - - - 25 ally person who,-penalties (a) contravenes or attempts to contravene, or abets the contra~ vention of, any order made under section 20; or (b) fails to comply with any direction given by any such order; or , (c) harbours any person who has contravened any order made under section 20 or has failed to comply with any direction given by any such order, shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine - - - - - 28 (1)                    -                                -                                            -                                                       -                                                                   - power to make rules (2) in particular and without prejudice to the generality of ~ fo~ going powers, such ru~s may provide for all or any of the following matters, namely:-- - - - - (b) the authority to be prescribed under section 11; (c) the form and the manner in which an apwal to the appellate tribunal may be preferred and the fee which shall accompany such appeal, as required by su~section (8) of section 15; - - - - -  a billto amend the illegal migrants (determination by tribunals) act, 1983 (shri buta singh, minister of home affairs) 