Illegal Migrants (Determination by Tribunals) Act,1983
Act No : 39
Section :
References or applications to Tribunals.
8. References 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) 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: (3) " Proveded 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 his place of residence."; 1 Subs. by Act 24 of 1988, s. 2. 2 Subs. by s .3, ibid. 3 Omitted and rules. by s. 4, ibid. 324 (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 the jurisdiction of the same police station in which the person refferred to in the application is found, or residin, corroborating the averments made in the application, and shall also be accompanied by such fee, being not less than ten and not more than one hundred, rupees, as may be prescribed. 1*["(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 limit 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 limis off 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."] 2*["8A. Application to the Central Government for reference. (1) Any person may make an application to the Cenral Government, for decision by a Tribunal, as to whether the person whose name and other particulars are given in the application, is or is not an illegal migrant, and where any such application is received by the Central Government, it may, on the basis of any information in its possesion or after making such inquiry as it deems fit, reject the application on the ground that the application is frivolous orr vexatious or it does not comply with the requirements of this section or refer such application to a Tribunal for decision. (2) Every application made under sub-section (1) shall be made in such form and in such manner as may be prescribed and shall be accompanied by a declaration by another person residing within the jurisdiction of the same revenue sub-division in which the aspplicant resides in such form as may be prescribed to the effect that the particculars mentioned in the application are true to his knowledge, information and belief: Provided that no person shall make more than ten such appli- cations 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 time of making such reference, situated: Provided that where such person has no cplace cof cresidence, 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."]
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