Short title, extent and commencement. Nothing in this Act shall apply to or in relation to-- a 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; b any person detected as a foreigner at the time of his entry across any border of India; c any foreigner who, having entered into India under a valid passport or travel document, continued to remain therein after the expiry of the period for which he was authorised to remain in India under such passport or travel document. Definitions and construetion of references. Overriding effect of the Act.
|Published (Last):||22 May 2007|
|PDF File Size:||2.21 Mb|
|ePub File Size:||8.29 Mb|
|Price:||Free* [*Free Regsitration Required]|
Salient features[ edit ] The Foreigners Act, defines a foreigner as a person who is not a citizen of India. Section 9 of the Act states that, where the nationality of a person is not evident as per preceding section 8, the onus of proving whether a person is a foreigner or not, shall lie upon such person. However, under the Illegal Migrants Determination by Tribunal IMDT Act, the burden of proving the citizenship or otherwise rested on the accuser and the police, not the accused.
This was a major departure from the provisions of the Foreigners Act, If a suspected illegal migrant is thus successfully accused, he is required by the Act to simply produce a ration card to prove his Indian citizenship. And if a case made it past these requirements, a system of tribunals made up of retired judges would finally decide on deportation based on the facts.
It excluded the migrants who entered India before March 25, from the illegal-migration accusation. And for post migrants too, the procedure for deporting were tough. In a three-judge Bench of the Supreme Court of India held that the Illegal Migrants Determination by Tribunals Act, and rules "has created the biggest hurdle and is the main impediment or barrier in the identification and deportation of illegal migrants" and struck down the Act.
It asserted that the demand for deleting the names of alleged 41 lakh doubtful voters from the list of on the basis of religious and linguistic profiling would prima facie be illegal, arbitrary and violative of the secular and democratic credentials of India.
The court posted the matter for final hearing on 6 November
IMDT ACT 1983 PDF
Why Jafrabad is usual suspect for sleuths. What can be more ridiculous than this? In other words, illegal immigrants from Bangladesh escaped provisions of the IMDT Act for the simple reason that each aact they were reported to the Assam police, they shifted to another location, becoming untraceable. As a result of this Act, during tototal 3, 05, cases were brought forth, out of which only were declared as foreigners; and only were driven out of the country. The Hindu : National : IMDT Act is the biggest barrier to deportation, says Supreme Court Even of this 16, barely five were functional bywhile the remaining 11 remained defunct with just one person on the Bench against the required strength of two judges.
Illegal Migrants (Determination by Tribunal) Act, 1983
Maujora Ajmal and his party launched a tirade against the Congress stating that the Congress despite being in the seat of power failed to prevent the scrapping of the IMDT Act thereby exposing the minorities mainly immigrant Muslims to harassment in the process of detection and deportation of illegal migrants in Assam. Only in the state of Assam. Will be displayed Will not be displayed Will be displayed. Complaint regarding infiltration can be lodged by a person staying in the jurisdiction of the same police station. West Indies beat Bangladesh by 50 runs. The Author is responsible for accuracy, completeness, suitability and validity of any information in this article.