(7) It 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 requiring him not to remain in Tndia or to any other effect or has arisen in aay other manner whatsoever, refer such question to a Tribunal for decision.
(2) Without prejudice to the power confeired on the Central Government by sub-section (7), 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:
10 of 1!>50.
1# of 1950.
31 of Mt.
Overriding effect of the Ordinance.
Establish • merit of Illegal Migrants (Deternii, nation) Tribunals, riiiiiiij of vacancies.
Start of the Tribunals.
RefcrencM or applications to Tribunals.
4 THE GAZETTE OF INDIA EXTRAORDINARY [PA»T II—
Provided that no such application yhall be entertained by the Tribunal unless the person in relation to whom the application is made is found, or resides, at a place within three kilometres from the place of residence of the applicant.
(3) Eveiy 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 three kilometres of the area in which the person referred to in the applicaion is found, or residing, corroborating the averments made in the application, and shall also be accompanied by such fee, being not less than twenty-five, and not more than one hundred, rupees, as may be prescribed.
(4) Every reference under sub-section (i), and every application under eubscction (2), shall be made to the Tribunal within the territorial limits of whose jurisdiction the place of residence of the person named in such reference or application, as the case may be, is situated:
Provided that where the person named in such reference or application has no place of residence, the reference or application, as the case may be, shall be made to the Tribunal within the territoiial limits of whose jurisdiction such person is found.
9. Every Tribunal shall have the same powers as are vested in a civil court undei the Code of Civil Procedure, 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 production of any document;
(c) reception of evidence on affidavits;
(d) requisitioning of public records from any court or office;
(<r) issuing of any commission for the examination of witnesses.
10. On receipt of a reference under sub-section (1) of section 8, the Tribunal shall serve on the person named in such reference, a notice, accompanied by a copy of such reference, calling upon him to make, within a period of thirty days from the date of receipt of such notice, such representation with regard to the averments made in the reference, and to produce such evidence as he may think fit in support of his defence:
Provided that if the Tribunal fo satisfied that the person aforesaid was prevented by sufficient cause from making his representation and from producing evidence in support of his defence within the said period of thirty days, it may permit him to make his representation and to produce evidence in support of his defence, within such further period, not exceeding thirty days, as it may, by order, specify. ^