Section 3

Definitions and construction of references.

The Illegal Migrants (Determination by Tribunals) Act, 1983

  • Act 39 of 1983
  • Ministry of Home Affairs
  • Department of Internal Security
About this Act

An Act to provide for the establishment of Tribunals for the determination, in a fair manner, of the question whether a person is an illegal migrant to enable the Central Government to expel illegal migrants from India and for matters connected therewith or incidental thereto.

All sections
    (1) In this Act, unless the context otherwise requires,—
         (a) "Appellate Tribunal" means an Appellate Tribunal established by the Central Government under sub-section (1) of section 15;
         (b) "foreigner" has the same meaning as in the Foreigners Act, 1946 (31 of 1946);
         (c) "illegal migrant" means a person in respect of whom each of the following conditions is satisfied, namely:—
             (i) he has entered into India on or after the 25th day of March, 1971,
             (ii) he is a foreigner,
             (iii) he has entered into India without being in possession of a valid passport or other travel document or any other lawful authority in that behalf;
         (d) "notification" means a notification published in the Official Gazette;
         (e) "prescribed" means prescribed by rules made under this Act;
         (f) "Tribunal" means a Tribunal established by the Central Government under sub-section (1) of section 5.
     (2) Any reference in this Act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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