July 1,2019:

The Author, Rishab Bhandari, is a 3rd Year, student of Chandigarh University, Mohali. He currently interning with LatestLaws.com.

Introduction

The Illegal Migrants (Determined by Tribunal) Act (IMDT) was an Act enacted by the Parliament in the Thirty-fourth year of the Republic of India, 1983 by the Indira Gandhi Government.

It is an act to provide for the establishment of Tribunals in India as much as the Central Government may by notification prescribe, for the determination of the question in a fair manner, whether the person is an illegal migrant so that to enable the Central Government to expel illegal migrants from India and all others matters connected therewith or incidental thereto.

As many foreigners are illegally remained in India without the Passport and travel documents, so it is necessary for the protection of citizens of India to make special provisions for the detection of such foreigners or illegal migrants in Assam and also in the other part of India in which such foreigner or illegal migrant may be found.

  1. What is the Objective of the(Determination by Tribunals) Act, 1983?

The main aim of this act is the establishment of tribunals regarding the questions arising out from the illegal migrants and to make special provisions for the protection of citizens of India from the Illegal Migrants.

  1. Whether the act applicable to the India?

Yes, the act is applicable to the whole of India but it came into force in the State of Assam on the 15th Day of October, 1983 and shall be deemed to be in force in any other State as the Central Government may, by notification in the Official Gazette, appoint and the different dates may be appointed for the different states.

  1. What is the Application of the Illegal Migrant (Determination by Tribunals) Act, 1983?

By the virtue of the Section 2 as nothing in this Act shall apply to or in relation to

Firstly, As any person who was in any State and who had been expelled from that State or India before the commencement of this Act in that State or in relation to whose expulsion from such State or India any order made before such commencement under any other law is in force;

Secondly, any person who was detected to be a foreigner at the time of his entry across any border of India;

Thirdly, any Foreigner who entered into India under a valid passport or travel document and therefore continued to remain, therein after the expiry of the time period for which he was legally authorised to remain under such documents as passport or travel document.

  1. Who is an Illegal Migrant under the Illegal Migrant (Determination by Tribunals) Act, 1983?

According to the Sec. 3(c) the word “illegal migrant” means a person in respect of whom all the conditions as below stated gets satisfied, as:-

  1. he has entered the territory of India on or after the 25th March,1971,
  2. the person who entered is an foreigner,
  • he has entered in India without the valid documents and legal authority.
  1. How is the tribunal established under the IMDTA?

By the virtue of the Section 5, there are five sub clauses which are considered as the necessary for the establishment of Illegal Migrants (Determination) Tribunals as they are as follows:-

  1. The Central Government may by notification establish as many tribunals as it may deem necessary by keeping the main purpose of this act in notice and may describe the principal sitting and the territorial limit within which each such tribunal shall exercise its jurisdiction.
  2. A person for appointment should be or has been a District Judge or an Additional District Judge in any State.
  • Minimum of 1 member in each tribunal (Two Members).
  1. During the establishment of tribunal, the central Government may appoint one member as the chairman of that Tribunal.
  2. Sitting of the Tribunal shall be at its principal place or where the chairman from time to time, appoint.
  3. What are the powers of the Illegal Migrant (Determination) Tribunal?

According to the section, 9 as the every tribunal shall have the same powers as that of the civil court under the Code of Civil Procedure, 1908 (CPC), while trying a matters as  summoning and enforcing the attendance of witness and examining them on oath; discovery and production of any document; reception of evidence on affidavits; requisitioning of public records from any court or office and issuing of any commission for the examination of witnesses

  1. How it is determined that whether the person is an illegal migrant or not?

Sec. 12 lays down the procedure for the determination of that whether the person is an illegal or not, whereas  when the members of the tribunal differ in their opinion on any point at that time 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 the jurisdiction in relation to the Tribunal and the every order passed by the appellate tribunal be final and should not be called in questions to any other court.

  1. Whether a party can appeal against the order?

Yes, the party can appeal as according to the section 14, if the party is not satisfied with any of the order made by a tribunal under Section 12 can prefer an appeal to the appellate Tribunal against such order.

  1. How is an Appellate Tribunal established?

By the virtue of Section 15 of the Illegal Migrants (Determination by Tribunals) Act, the appellate Tribunal gets established as follows;-

  1. State: The Central Government may establish for each state in which the act is in force an Appellate Tribunal to be known as The Illegal Migrants (Determination) Appellate Tribunal.
  2. Member: A person for its member need to be or has been a judge of High Court and there should not be less than two members and more than 6 members as the Central Government may think fit.
  • President: The central Government may appoint any member as the president of that tribunal.
  1. Sitting: The Appellate Tribunal shall sit at its principal place or the President from time to time appoint.
  2. Staff: Central Government shall make available to every Appellate Tribunal such staff as may be necessary for its working.
  3. Powers: Same Powers as vested in an appellate Court under the Code of Civil Procedure, 1908.
  4. What are the penalties under the Illegal Migrant (Determination by Tribunals) Act?

Under the section 25, any person who contravenes or attempts to contravene or abets the contravention or harbours any person who has contravened gets punishable for the imprisonment for a term as 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, as the court may, for adequate and special reasons to be mentioned in judgement, impose a sentence of imprisonment for a term of less than one year or a fine of less than two thousand rupees.

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