The Illegal Migrants (Determination by Tribunals) Amendment Act, 1988 (No. 24 of 1988) , 25 April 1988
Annual Review of Population Law 15: 183-184
1988
ISSN/ISBN: 0364-3417 PMID: 12289338 Document Number: 380459
The 1988 Illegal Migrants (Determination by Tribunals) Amendment Act of India amends the Illegal Migrants (Determination by Tribunals) Act of 1983. In the 1988 Act, the number of members of an Illegal Migrants (Determination) Tribunal is reduced from three to two. Provision is also made for applying to the central government for reference to the Tribunal within the territorial limits of whose jurisdiction the place of residence of the person named in such reference is situated at the time of making such reference. When 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 found at the time of making such reference. A further amendment provides that when the members of the Tribunal differ in their opinion on any point, the Chairman of the Tribunal shall state the point or points on which they differ and refer the dispute to the President of the Appellate Tribunal which exercises jurisdiction in relation to the Tribunal, who shall refer the case for hearing on such point or points by a member of another Tribunal under its jurisdiction which shall decide such point or points. A new section provides that every appellate Tribunal shall have superintendence over all the Tribunals in the State. An amendment gives police officers not below the rank of a Superintendent of Police the necessary powers to enforce this Act, including the power to obtain a bond from any person for the due compliance with an order of expulsion and to arrest such person in the event of his failure to furnish such bond to the satisfaction of such police officer. An amendment provides that omissions/commissions specified therein shall be punishable with imprisonment of one to three years and with a fine of not less than 2000 rupees. However, the court may, for adequate and special reasons to be mentioned in the judgment, be more lenient in its sentencing. Finally, the central government is empowered to make rules with regard to the form and the manner in which an application, and the form in which a declaration, may be made to the government for reference to a Tribunal.