(7) The Central Government may, by notification, establish for each State in which this Ordinance is in force an Appellate Tribunal to be known as the Illegal Migrants (Determination) Appellate Tribunal for deciding appeals preferred under section 14 against orders made by Tribunals in the State and specify the principal place of sitting of such Appellate Tribunal.
Determination of the question as to wheTher a person U an illegal migrant.
Reference and application to be disposed of within six months.
Appeal.
Appellate Tribunal.
6 THE GAZFTTb OF INDTA PXTRAOftDINAftY [PART II—
(2) No person shall be appointed a* a member of an Appellate Tribunal unless he is or has been a judge of a High Court.
(3) An Appellate Tribunal shall consist of as many members, not being less than three and more than six, as the Central Government may think fit.
(-/) The Central Government shall appoint one of the members of an Appellate Tribunal to be the President thereof.
(5) An Appellate Tribunal shall sit in its principal place of sitting or any such other place or places as the President thereof may, from time to time, appoint
(6) The powers and functions of an Appellate Tribunal may be exercised and discharged by benches constituted by the President thereof from amongst the members thereof and each bench shall consist of not less than two member*.
(7) The Central Government shall make available to every Appellate Tribunal such staff as may be necessary for the discharge of its functions under this Ordinance.
(S) Every memorandum of appeal to an Appellate Tribunal shall be made in such form and in such manner as may be prescribed, and, in the case of an appeal preferred by an applicant under sub-ucction (2) of section 8, shall also bo accompanied by such fee, not being less than twenty-five and more than one hundred, rupees, as may be prescribed.
(9) Every appeal shall be preferred within thirty days from the date on which the order sought to be appealed against was cornmu'nicated to the appellant;
Provided that the Appellate Tribunal may, if it is satisfied that the appellant was prevented by sufficient cau^c from preferring the appeal within the said period, admit an appeal after the expiry of the aforesaid period of thirty days.
(10) Every Appellate Tribunal shall have the same powers as are vested in a civil court under the Code of Civil Pjocedure, 1908, while trying a suit, in respect of the following matters, namely: —
(a) summoning and enforcing the attendance of witnesses and examining them on oath;
(b) discovery and pioduction of any document;
(c) reception of evidence on affidavits;
(d) requisitioning of public records from any court or office;
(<•) issuing of any commission for the examination of witnesses.
16. (I) The Appellate Tribunal may, after giving the parties to the appeal a reasonable opportunity of being heard, pass such orders thereon as it may think it, confirming, mollifying or annulling the order appealed agaiist or' may remand the cusc to the Tiibunai which had passed such order with such directions to that Tribunal as the Appellate Tribunal may think fit, for fresh determination after taking additional evidence, if necessary.
(2) Where an appeal had been heard by thc Appellate Tribunal and the members thereof differ in their opinion on any point, the decision on such point shall, where there is a majority, be according to the opinion of such majority, and where there is no majority and the members are equally divided in their opinion, they shall draw up a statement of the facts of the case and the point or points on which they differ in their opinion and make a reference of the point or points or of the appeal, as (he case may be, to the President Order of th« Afpel laU Tribunal.
5 of 190S.
SKC 1] 1PE GAZETTE OF INDIA EXTRAORDINARY y of such Tribunal, and on receipt ol such ulaencc, the President of the Tribunal shall arrange for the hcajing <>l such point or points, or the appeal, by one or more of the members of the Appellat: Tribunal, and such point or points, or the appeal, as the case may be, ".hall be decided according to the opinion of the majority of the members of the Appellate Tjibuiuu, who have heard the appeal, including those who had fist heard it,
(3) The Appellate Tribunal shall zend a copy of cveiy order passed by it undct sub-section (2) t" the panics io the appeal and to the Tribunal concerned.
(4) Subject to the provisions of section 17, every order passed under sub-section (1), other than an order remanding the case, vhall be final and no order parsed under that sub-section shall be called in quesion in any court.
17. The High Court may call for the recoid of any case which has been decided by the Appellate Tribunal situate within its local jurisdiction, and it such Appellate Tribunal appeals—•
(a) to have exercised a jurisdiction not vested in it by law, or
(h) to have failed to exercise p jurisdiction so vested, or
(c) to have acted in the c^ccisc of its jurisdiction illegally or with material irregularity, the High Court may make such older in the case as it thinks fit1.
Provided that the High Court shall not, under this section, varv or reverse any order made or any order deciding vn issue in the course of a proceeding with respect to an appeal, except where— (/) the order, if it had been made in favour of the party applying for revision, would have finally disposed of ihc- piocecdinc, or (;'O the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to thp party against whom it was made.
Explanation—Tn this section 'he expression "any case which has been decided" includes ativ order rmdc or any order deciding an issue in the course of a proceeding with respect tn any appeal.
CHAPTER ITT PROVTSm\S APTM 1C W f FO AI I T R I D U N M S
18. Subject to the provisions of this Ordinance a'nd the ules made thereunder, every Tribunal and everv Appellate Tribiual shall hive the power to regulate its own procedure in all mn'te-s arising OM* of the exercise of its powers or for the discharge of its funeiiovis.
19. Every proceeding bcfoie a Tiibuna1, or tV \ppellatc Tiihunal shall be deemed to be judicial proceeding within the meaning of sections 193 and 228.
and for the purposes of se : t in 196 of the Indian Penal Code; and every such Tribunal or Appellate Tribunal, as the case may be. shall be deemed to be a civil court for the purposes of section 195 and Chapter ^XVI of the Code of Criminal Procedure, 1973 Revision.
45 of I860 2 of 1974.
Procediue Proceeding before every Tiibunal to be judiu, t proceeding for cqlain put post's 8 THE GAZETTE OF INDIA EXTRAORDINARY [PART U—
CHAPTER IV PNrORCEMENT 01- THF ORDEKS MADb B\ THE TRIBUNALS
20. Where a person has been determined by a Tribunal, or, as the case may be, by the Appellate Tribunal, to be an illegal migrant, the Central Government shall, by order served on such person, direct such person to remove himself from India within such time and by such route as may to specified in the order and may give such further directions jn reizard to his removal from India as it may consider necessary or expedient.
CHAPTER V MTSCTI T ANEOUS
21. The Central Government may, by notification, direct that the powers and duties conferred or imposed on it by this Ordinance, other than the powers conferred by section 28, and the powers conferred by this section, may, subject to such conditions as may be specified in the notification, be exercised or discharged also by—
(a) any officer subordinate to the Central Government;
(h) any State Government or any officer subordinate to that Government.
22. Anv authoritv empowered bv or in pursuance of the provisions of thi-3 Ordinance to exercise any novvcr, may, in addition to any other action expressly provided for in this Ordinance, take, or cause to be taken, such steps, and use, or cause to be used, such force, as mnv in its opinion be reasonably necessary tor the effective exercise of such power.
23. Where a Tribunal or Appellate Tribunal has been established for any area for the purpose of determining whether a person is or is not an illegal migrant, no civil court shall have jurisdiction to entertain anv question relating to that matter in that area and no injunction or anv other order in respect of any action taken bv, or before, the Tribune! or AptH'afe Tribunal in respect of that matte1' shall be granted or made bv any civil court.
24. Where in anv suit or o'hn- HTil nroceedinir pendine, whether in a civil court or in anv Tribunal ps'nblishod under rmv other law for the time bein£ in force immediately hpforp the cnmmcncempnf of 'his Ordinance, a question arises as to whether a person '< m is not an t'le-ni migrant, such court or Tribunal shall, wlthou* decidir" s^ch mipstr'on make an order transferring surh suit or nihor Wai procr-Min" fn tTv- Tribunal under this Ordinance \viihin the Irrritnrinl limits of who^ pirrdK-f;on such court or other Tribunal is situate and °'i s'-rh tian^fer Mich qucc"'or "hall W dealt with by such Tribunal in accordance wifh +!"p nmyisions of frii=; Ordinance 25 Any pr*rson who,—
(n) contravenes or attempts +n contnvrn-, or abet- the con'traven- *ion of, anv order mr»cV under '"action ?0; nr
(h) fiils to cciran'v with any direction jiivcn by ;mv such order; ori
(c) harbours any pc-rson who has contnvcncrl anv order made under section 20 or ha<q failed 1o ^o-nply with any direction given ^y any such order, Expulsion of illegal migianK DelfSJlion of powcis.
Power to give effect to the orders, etc.
Bar of jurisdiction of civil courts.
Trail sitorj provision.
SEC. 1] THE GAZETTE Of L\TDIA EXTRAORDINARY i, shall be punishable with imprisonment toj a term which may extent to thre;
years, and shall also be liable to fine.
26. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Ordinance.