bill no xix of 2018 the illegal immigrants (identification and deportation) bill, 2018 a billto provide for an institutional mechanism for identification of illegal immigrants in the country and their deportation and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the identification and deportation of illegal immigrants act, 2018short title and commencement5(2) it extents to the whole of india except the state of jammu and kashmirdefinitions2 in this act, unless the context otherwise requires,—(a) 'appropriate government' menas, in the case of a state, the government of that state, and in other cases, the central government5(b) "illegal immigrant" means a foreign national who comes to india without any visa or proper and valid documents issued by the designated authority of the government of india and settles or attempts to settle in india in the garb of bonafide indian citizen by obtaining ration card and other government documents by fraudulent means;10(c) 'national commission' means the national commission for identification and deportation of illegal immigrants constituted under section 3 of the act;(d) 'state commission' means the state commission or a joint state commission for identification and deportation of illegal immigrants constituted under section 6 of the act;(e) "prescribed" means precribed by rules made under this act;153 the central government shall, by notification in the official gazette, constitute a commission to be known as the national commission for identification and deportation of illegal immigrants for carrying out the purposes of this actnational commission for identification and deportation of illegal immigrants4 (1) the national commission shall consist of—composition of national commission20(i) a chariperson who shall be a retired judge of the supreme court, to be appointed by the president of india in such manner as may be prescribed; and(ii) four other members to be appointed by the president of india in such manner as may be prescribed25(2) the chairperson and other members shall hold office for a term of five years or till they attain the age of seventy years and shall be entitled to such salaries and allowances as may be determined by the central goverment5 (1) the central government shall provide the national commission with such officers and other employees as may be necesary for the efficient functioning of the national commission under this actofficers and other employees of national commission30(2) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees appointed for the purpose of the national commission shall be such as may be prescribed6 the central government shall set up a state commission for each state or a joint state commission for two or more states for identitication and deportation of illegal immigrantssetting up of state commissions7 (1) every state commission shall consist of,—35(i) a chairperson who shall be a retired judge of the high court; and composition of state commission(ii) four other members(2) the chairperson and other members of the state commission shall be appointed by the central government in consultation with the chairperson of the national commission in such manner as may be prescribed40(3) the chairperson and other members of the state commission shall hold office for a term of five years or till they attain the age of seventy years and shall be entitled to such salaries and allowances as may be determined by the central government8 (1) the state government shall provide the state commission with such officers and other employees as may be necessary for the efficient functioning of the state commission under this actofficers and other employees of state commission5(2) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees appointed for the purpose of the state commission shall be such as may be prescribed9 (1) every state commission shall—(i) carry out necessary exercise to identify illegal immigrants and their nationality within the areas under their jurisdiction; andidentification and deportation of illegal immigrants(ii) prepare a list of illegal immigrants and supply it to—10(a) the national commission; and (b) the district administration, which shall publish such list in the official gazette:15 provided that an appeal against the inclusion of the name of an individual in the list of illegal immigrants by the state commission shall be made before the national commission within ninety days of publication of the said list in the official gazette(2) the national commission shall take necessary action for deportation of illegal immigrants named in the list of illegal immigrants supplied by the state commission;2010 the central government may, if it considers so in national interest, exempt any illegal immigrants or any class of illegal immigrants from deportation or any other provisions of this actpower of central government to exempt certain immigrants11 (1) the national commission and the state commission shall, for the purposes of discharging its functions under this act, have all the powers of a civil court trying a suit and in particular, in respect of the following matters, namely:—25national commission and state commission to have powers of civil court(a) summoning and enforcing the attendance of any person from any part ofindia and examining him on oath;(b) requiring the discovery and production of any document; (c) receiving evidence on affidavits;1 of 187230(d) subject to the provisions of section 123 and section124 of the indian evidence act, 1872, requisitioning any public record or document or copy of such record or document from any office;(e) issuing summons for the examination of witnesses or documents; and(f) any other matter which may be prescribed35(2) no court, except the supreme court and a high court exercising jurisdiction under articles 226 and 227 of the constitution shall entertain any suit, application or other proceedings in respect of any order made by the national commission and the state commission12 the national commission may direct the respective state government to:—(i) stop all assistance or benefits being enjoyed by the illegal immigrants immediately;40power of national commission to direct state governments(ii) impound the ration card in the possession of illegal immigrants; (iii) terminate the services of illegal immigrants, in case such immigrants are employed in any public sector organisation and inform persons concerned in case they are employed in private sector;(iv) seize and dispose of any movable or immovable property owned by illegal immigrants and take such necessary action to recover loans, if any, borrowed by them; and(v) facilitate speedy hearing of any civil or criminal cases against illegal immigrants513 the central government shall, after due appropriation made by law by parliament, provided requisite funds for the purposes of this act, from time to timecentral government to provide funds14 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forceact to have overriding effect removal of difficulties1015 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act as appear to it to be necessary or expedient for removing the difficulty:provided that no order shall be made under this section after the expiry of a period of two years from the commencement of this act15(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliamentpower to make rules16 (1) the central government may, by notification, make rules for carrying out the provisions of this act2025(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 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 reasonshistorically, india has attracted people from all corners of the world many were so smitten with the greatness of our culture that they chose to settle here permanently and over time they have been assimilated into the indian society however, in the recent few decades, illegal immigration into the country has increased manifold so much so that the influx of immigrants created a crisis of identity among the indigenous citizens of our country as a result, the cultural survival of citizens is in jeopardy, their political control is weakened and their employment opportunities are undermined by such illegal migration it is found that though the immigrants had settled in various states of our country, most of them failed to identify themselves with the mainstreamdue to linguistic similarities between illegal migrants from bangladesh, myanmar and other neighbouring countries and the indigenous people, it becomes difficult to identify and deport the illegal immigrants from indian soil illegal immigrants have increased pressure on resources of our country and the government has to increase expenditure on education and health facilities illegal immigrants are not only adding number to our booming population but are indulging in criminal and anti-national activities most of the illegal immigrants have got their names enlisted in the voting list illegally, thereby claiming the rights of citizens the nrc (national register of citizens) has taken initiatives for the detection of illegal migrants however, success of such initiatives will depend on strong political will this silent and insidious demographic invasion may result in the loss of the geo-strategic importance of several bordering districts in the states of assam, tripura, jammu and kashmir, west bengal and other states the influx of these illegal migrants is turning these regions into such ghettos where the original inhabitants have been reduced to a minority and are facing an identity crisisin view of the dangers posed by illegal immigrants, the problem is required to be dealt effectively illegal migration from neighbouring countries is no longer a regional problem which can be pushed under the carpet since these migrants have now settled in several states including the nct of delhi, madhya pradesh and maharashtrasince we do not want our country to become world's capital of refugees and immigrants, it is high time to solve the problems of illegal migration to save culture and identity of our people in their own land and to save the nation from the momument threat of immigrantswith the above objectives, the bill seeks to —(i) establish a national commission and state commissions for identification and deportation of illegal immigrants;(ii) provide that the state commission shall carry out necessary exercise for identification of illegal immigrants;(iii) provide that appeal against inclusion of an individual's name in the list of illegal immigrants shall lie with the national commission;(iv) provide that the illegal immigrants identified by the state commission shall be deported by the national commission;(v) provide that the central government may, if it considers so in national interest, exempt any illegal immigrants or any class of illegal immigrants from deportation or any other provision of the bill(vi) confer powers of civil court upon both the national commission and the state commission; and(vii) empower the national commission to direct the state governments to withdraw all services provided to illegal immigrants and seize and dispose of their property to meet their liabilities; the bill seeks to achieve the above objectsnarayan lal panchariya financial memorandumclause 3 of the bill provides for constitution of the national commission for identification and deportation of illegal immigrants clause 4 seeks to provide for appointment of a chairperson and other members of the national commissionclause 13 of the bill provides that the central government shall, after due appropriation made by law by parliament, provide requisite funds for the purposes of this billthe bill, therefore, if enacted will involve expenditure from the consolidated fund of india the recurring and non-recurring expenditure on this count cannot be estimated at this stage, but has to be worked out by the central government while implementing the provisions of the bill memorandum  regarding  delegated  legislationclause 16 of the bill empowers the central government to frame rules by notification in the official gazette, to carry out the provision of the bill the rules to be framed by the government pertain to matters of administrative detail only, which cannot be laid down in the bill itself the delegation is, therefore, normal in character———— a billto provide for an institutional mechanism for identification of illegal immigrants in the country and their deportation and for matters connected therewith or incidental thereto————(shri narayan lal panchariya, mp)mgipmrnd—1447rs(s3)—06-08-2018