Lawgist8References or applications to Tribunals
(1) If any question arises as to whether any person is or is not an illegal migrant, the Central Government may, whether such question has arisen on a representation made by such person against any order under the Foreigners Act, 1946 (31 of 1946) requiring him not to remain in India or to any other effect or has arisen in any other manner whatsoever, refer such question to a Tribunal for decision.
(2) 1 *** any person may make an application to the Tribunal, for its decision, as to whether the person whose name and other particulars are given in the application, is or is not an illegal migrant:
2 [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 jurisdiction of the same police station wherein the applicant has the place of residence.]
(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 3 [two persons residing within the jurisdiction of the same police station] 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 4 [ten] and not more than one hundred, rupees, as may be prescribed.
5 [(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 reference is, at the time of making such reference, situated:
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.
(5) Every application under sub-section (2) shall be made to the Tribunal within the territorial limits of whose jurisdiction the person named in such application is found or, as the case may be, has his place of residence, at the time of making such application.]
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1. The words, brackets and figure "Without prejudice to the power conferred on the Central Government by sub-section (1)" omitted by s. 4, ibid. (w.e.f. 25-4-1988).
2. Subs. by s. 4, ibid., for the proviso (w.e.f. 25-4-1988).
3. Subs. by Act 24 of 1988, s. 4, for "two persons residing within three kilometres of the area" (w.e.f. 25-4-1988).
4. Subs. by s. 4, ibid., for "twenty-five" (w.e.f. 25-4-1988).
5. Subs. by s. 4, ibid., for sub-section (4) (w.e.f. 25-4-1988).
- 5 Establishment of Illegal Migrants (Determination) Tribunals
- 6 Filling of vacancies
- 7 Staff of the Tribunals
- 8 References or applications to Tribunals
- 8A Application to the Central Government for reference
- 9 Powers of Tribunal
- 10 Procedure with respect to references under sub-section (1) of section 8
- 11 Procedure with respect to applications under sub-section (2) of section 8
- 12 Determination of the question as to whether a person is an illegal migrant
- 13 Reference and application to be disposed of within six months
- 14 Appeal
- 15 Appellate Tribunal
- 16 Order of the Appellate Tribunal
- 17 Power of superintendence by Appellate Tribunal
