#THE ILLEGAL MIGRANTS (DETERMINATION BY TRIBUNALS) ACT, 1983 
___________ 

##ARRANGEMENT OF SECTIONS 
____________ 

##CHAPTER I 

###PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Application. 
3.  Definitions and construction of references. 
4.  Overriding effect of the Act. 

##CHAPTER II 

###ESTABLISHMENT OF TRIBUNALS 

5. Establishment of Illegal Migrants (Determination) Tribunals. 
6. Filling of vacancies. 
7. Staff of the Tribunals. 
8. References or applications to Tribunals. 
8A. Application to the Central Government for reference. 
9. Powers of Tribunal. 
10. Procedure with respect to references under sub-section (1) of section 8. 
11. Procedure with respect to applications under sub-section (2) of section 8. 
12. Determination of the question as to whether a person is an illegal migrant. 
13. Reference and application to be disposed of within six months. 
14. Appeal. 
15. Appellate Tribunal. 
16.  Order of the Appellate Tribunal. 
17. Power of superintendence by Appellate Tribunal. 

##CHAPTER III 

###PROVISIONSAPPLICABLE TO ALL TRIBUNALS 

18. Procedure. 
19. Proceeding before every Tribunal to be judicial proceeding for certain purposes. 

##CHAPTER IV 

###ENFORCEMENT OF THE ORDERS MADE BY THE TRIBUNALS 

20. Expulsion of illegal migrants. 

##CHAPTER V 

###MISCELLANEOUS 

21.  Delegation of powers. 
21A. Power to bind certain persons against whom complaint is made under the Act. 
22.  Power to give effect to the orders, etc. 
23.  Bar of jurisdiction of civil courts. 
24.  Transitory provision. 
25.  Penalties. 
26.  Protection of action taken in good faith. 
27.  Power to remove difficulties. 
28.  Power to make rules. 
29.  Repeal and saving. 


 
#THE ILLEGAL MIGRANTS (DETERMINATION BY TRIBUNALS) ACT, 1983 

##ACT NO. 39 OF 1983 

[25th December, 1983.] 

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. 

WHEREAS a good number of the foreigners who migrated into India across the borders of the eastern 
and  north-eastern  regions  of  the  country  on  and  after  the  25th  day  of  March,  1971,  have,  by  taking 
advantage of the circumstances of such migration and their ethnic similarities and other connections with 
the  people  of  India  and  without  having  in  their  possession  any  lawful  authority  so  to  do,  illegally 
remained in India; 

AND WHEREAS the continuance of such foreigners in India is detrimental to the interests of the public 
of India; 

AND WHEREAS on account of the number of such foreigners and the manner in which such foreigners 
have clandestinely been trying to pass off as citizens of India and all other relevant circumstances, it is 
necessary for the protection of the citizens of India to make special provisions for the detection of such 
foreigners in Assam and also in any other part of India in which such foreigners may be found to have 
remained illegally; 

BE it enacted by Parliament in the Thirty-fourth Year of the Republic of India as follows:— 

##CHAPTER I 

###PRELIMINARY 

1. **Short title, extent and commencement.**—This  Act  may  be  called  the  Illegal  Migrants 
(Determination by Tribunals) Act, 1983. 

(2) It extends to the whole of India. 

(3) It shall be deemed to have come into force in the State of Assam on the 15th day of October, 1983 
and  in  any  other  State  on  such  date  as  the  Central  Government  may,  by  notification  in  the  Official 
Gazeette, appoint and different dates may be appointed for different States and references in this Act to 
the  commencement  of  this  Act  shall  be  construed  in  relation  to  any  State  as  references  to  the  date  of 
commencement of this Act in such State. 

2. **Application.**—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. 

3. **Definitions and construction of references.**—(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. 

4. **Overriding effect of the Act.**—(1)  The  provisions  of  this  Act  or  of  any  rule  or  order  made 
thereunder  shall  have  effect  notwithstanding  anything  contained  in  the  Passport  (Entry  into  India)  Act, 
1920 (34 of 1920) or the Foreigners Act, 1946 (31 of 1946) or the Immigrants (Expulsion from Assam) 
Act, 1950 (10 of 1950) or the Passports Act, 1967 (15 of 1967) or any rule or order made under any of the 
said Acts and in force for the time being. 

(2) In particular and without prejudice to the generality of the provisions of sub-section (1), nothing in 
the proviso to section 2 of the Immigrants (Expulsion from Assam) Act, 1950 (10 of 1950)shall apply to 
or in relation to an illegal migrant as defined in Clause (c) of sub-section (1) of section 3. 

##CHAPTER II 

###ESTABLISHMENT OF TRIBUNALS 

5. **Establishment of Illegal Migrants (Determination) Tribunals.**—(1) The Central Government 
may,  by  notification,  establish,  for  the  purposes  of  this  Act,  as  many  Illegal  Migrants  (Determination) 
Tribunals as it may deem necessary and specify the principal place of sitting of, and the territorial limits 
within which, each such Tribunal shall exercise its jurisdiction. 

(2) No person shall be appointed as a member of any such Tribunal unless he is or has been a District 
Judge or an Additional District Judge in any State. 

(3) Each Tribunal shall consist of two members.

(4) On  the  establishment  of  a  Tribunal,  the  Central  Government  shall  appoint  one  of  the  members 
thereof as the Chairman of such Tribunal. 

(5) Each  Tribunal  shall  sit  in  its  principal  place  of  sitting  and  in  such  other  place  or  places  as  its 
Chairman may, from time to time, appoint. 

6. **Filling of vacancies.**—If, for any reason, any vacancy occurs in the office of the Chairman or the 
member of  a  Tribunal,  the  Central  Government  may  fill  the  vacancy  by  appointing  any  person  who 
fulfils the qualifications specified in sub-section (2) of section 5, as the Chairman, or, as the case may be, 
member of such Tribunal. 

7. **Staff of the Tribunals.**—The  Central  Government  shall  make  available  to  every  Tribunal  such 
staff as may be necessary for the discharge of its functions under this Act. 

8. **References or applications to Tribunals.**—(1) If 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 
(31 of 1946) requiring him not to remain in India or to any other effect or has arisen in any other manner 
whatsoever, refer such question to a Tribunal for decision. 

(2) 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: 

Provided that no such application shall be entertained by the Tribunal unless the person in relation 
to  whom  the  application is  made  is  found,  or resides,  within  the jurisdiction of the  same  police  station 
wherein the applicant has the place of residence.

(3) Every 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  the  jurisdiction  of  the  same  police  station]  in  which  the  person  referred to in the application is 
found, or residing, corroborating the averments made in the application, and shall also be accompanied by 
such fee, being not less than ten and not more than one hundred, rupees, as may be prescribed. 

(4) Every reference under sub-section (1) shall be made to the Tribunal within the territorial limits 
of  whose  jurisdiction  the  place  of  residence  of  the  person  named  in  such  reference  is,  at  the  time  of 
making such reference, situated: 

Provided  that  where  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  at  the  time  of  making  such 
reference, found. 

(5) Every application under sub-section (2) shall be made to the Tribunal within the territorial limits 
of whose jurisdiction the person named in such application is found or, as the case may be, has his place 
of residence, at the time of making such application.

8A. **Application to the Central Government for reference.**—(1)  Any  person  may  make  an 
application to the Central Government, for decision by a Tribunal, as to whether the person whose name 
and  other  particulars  are  given  in  the  application,  is  or  is  not  an  illegal  migrant,  and  where  any  such 
application  is  received  by  the  Central  Government,  it  may,  on  the  basis  of  any  information  in  its 
possession  or  after  making  such  inquiry  as  it  deems  fit,  reject  the  application  on  the  ground  that  the 
application is frivolous or vexatious or it does not comply with the requirements of this section or refer 
such application to a Tribunal for decision. 

(2) Every application made under sub-section (1) shall be made in such form and in such manner as 
may  be  prescribed  and  shall  be  accompanied  by  a  declaration  by  another  person  residing  within  the 
jurisdiction  of  the  same  revenue  sub-division  in  which  the  applicant  resides  in  such  form  as  may  be 
prescribed  to  the  effect  that  the  particulars  mentioned  in  the  application  are  true  to  his  knowledge, 
information and belief: 

Provided  that  no  person  shall  make  more  than  ten  such  applications  or  more  than  ten  such 
declarations. 

(3) Every reference under sub-section (1) shall be made to the Tribunal within the territorial limits of 
whose jurisdiction the place of residence of the person named in such reference is, at the time of making 
such reference, situated: 

Provided  that  where  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,  at  the  time  of  making  such 
reference, found.

9. **Powers of Tribunal.**—Every  Tribunal  shall have the same  powers  as  are  vested  in  a civil  court 
under  the  Code  of  Civil  Procedure,  1908  (5  of  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; 
  (e) issuing of any commission for the examination of witnesses. 

10. **Procedure with respect to references under sub-section (1) of section 8.**—On receipt of a 
reference under sub-section (1) of section8 or sub-section (1) of section 8A 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 is 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. 

11. **Procedure with respect to applications under sub-section (2) of section 8.**—(1) On receipt of 
an application under sub-section (2) of section 8, the Tribunal shall issue a notice, accompanied by a copy 
of the application, to the prescribed authority calling upon it to furnish, after making such inquiry as that 
authority may deem fit, a report to the Tribunal with regard to the averments made in the application. 

(2)  If,  on  a  consideration  of  the  report  made  by  the  prescribed  authority,the  Tribunal  is  satisfied 
that— 

  (a) the person named in the application is not an illegal migrant or that the application is frivolous 
of  vexatious,  or  has  not  been  made  in  good  faith,  the  Tribunal  shall,  after  giving  the  applicant  an 
opportunity to be heard, reject the application; 

  (b) there are reasonable grounds to believe that the person named in the application is an illegal 
migrant,  the  Tribunal  shall  issue  a  notice  accompanied  by  a  copy  of  the  application,  to  the  person 
named in the application, calling upon him to make, within thirty days from the date of receipt of the 
notice, such representation with regard to the averments made in the application and to produce such 
evidence as he may think fit in support of his defence: 

Provided  that  if  the  Tribunal  is  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. 

12. **Determination of the question as to whether a person is an illegal migrant.**—(1) The Tribunal 
to which a reference has been made under section 8 or section 8A, or to which an application has been 
made under section 8, shall, after taking  such  evidence  as  may  be  adduced  before  it  and  after  making 
such  inquiry  as  it  may  think  fit  and  after  hearing  such  persons  as  it  may  deem  appropriate,  by  order, 
decide the question as to whether the person named in such reference or application, as the case may be, 
is or is not an illegal migrant: 

Provided  that  where  for  the  determination  of  such  question  in  any  case  the  decision  on  any  issue 
renders  any  decision  on  any  other  issue  or issues  unnecessary,  the Tribunal  may  not  decide  such  other 
issue or issues. 

(2) Where  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 make a reference 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 and such point or 
points shall be decided according to the opinion of that member and such decision shall be deemed to be 
the decision of the Tribunal.

(3) The Tribunal  shall  send  a  copy  of  every  order  passed  by  it  to  the  prescribed  authority or 
authorities and to the parties to the reference, or the application, as the case may be. 

(4) Every order passed under sub-section (1) shall, subject to the decision of the Appellate Tribunal, 
be final and shall not be called in question in any court. 

13. **Reference and application to be disposed of within six months.**—Every reference made to a 
Tribunal  under section  8  or  section 8A or application made to a Tribunal under section 8 shall  be 
inquired into as  expeditiously  as  possible and  every endeavour shall  be  made  to  conclude such inquiry 
within a period of six months from the date of the service, on the person concerned, of a copy of such 
reference or application. 

14. **Appeal.**—The Central Government, or any person, named in a reference or an application under 
section 8, or any applicant under sub-section (2) of that section or any person named in a reference under 
section 8A may, if it or he is not satisfied with any order made by a Tribunal under section 12, prefer an 
appeal to the Appellate Tribunal against such order. 

15. **Appellate Tribunal.**—(1) The Central Government may, by notification, establish for each State 
in which this Act 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. 

(2) No person  shall  be  appointed  as  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 two and more than 
six, as the Central Government may think fit. 

(4) 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 which  may  either  be  single 
member benches or benches consisting of not less than two members.

(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 Act. 

(8) 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-section (2) 
of section 8, shall also be 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 communicated to the appellant: 

Provided  that  the  Appellate  Tribunal  may,  if  it  is  satisfied  that  the  appellant  was  prevented  by 
sufficient cause 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 an appellate court under 
the Code of Civil Procedure, 1908 (5 of 1908), while hearing an appeal.

16. **Order of the Appellate Tribunal.**—(1) 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  fit, 
confirming,  modifying  or  annulling  the  order  appealed  against  or  may  remand  the  case to  the  Tribunal 
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 the 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 the case may be, to the 
President of such Tribunal, and on receipt of such reference, the President of the Tribunal shall arrange 
for the hearing of such point or points, or the appeal, by one or more of the members of the Appellate 
Tribunal, and such point or points, or the appeal, as the case may be, shall be decided according to the 
opinion of the majority of the members of the Appellate Tribunal, who have heard the appeal, including 
those who had first heard it. 

(3) The Appellate Tribunal shall send a copy of every order passed by it under sub-section (1) to the 
parties to the appeal, to the Tribunal concerned and to the prescribed authority or authorities.

(4) every  order  passed  under  sub-section  (1),  other  than  an  order  remanding  the  case,  shall  be 
final and no order passed under that sub-section shall be called in question in any court. 

17. **Power of superintendence by Appellate Tribunal.**—(1) Every Appellate Tribunal shall have 
superintendence overall the Tribunals in the State. 

(2) Without prejudice to the generality of the foregoing provisions, the Appellate Tribunal may— 

  (a) call for returns from any Tribunal; 

  (b) make general rules and specify forms for regulating the practice and proceedings of Tribunals; 
and 

  (c) specify  the  forms  in  which  books,  entries  and  accounts  shall  be  kept  by  the  officers  of 
Tribunals.

##CHAPTER III 

###PROVISIONS APPLICABLE TO ALL TRIBUNALS 

18. **Procedure.**—Subject to the provisions of this Act and the rules made thereunder, every Tribunal 
and every Appellate Tribunal shall have the power to regulate its own procedure in all matters arising out 
of the exercise of its powers or for the discharge of its functions. 

19. **Proceeding before every Tribunal to be judicial proceeding for certain purposes.**—Every 
proceeding before a Tribunal or the Appellate Tribunal shall be deemed to be a judicial proceeding within 
the  meaning  of  sections  193  and  228,  and  for  the  purposes  of  section  196  of  the  Indian  Penal  Code               
(45 of 1860); and every such Tribunal or Appellate Tribunal, as the case may be, shall be deemed to a 
civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 
(2 of 1974). 

##CHAPTER IV 

###ENFORCEMENT OF THE ORDERS MADE BY THE TRIBUNALS 

20. **Expulsion of illegal migrants.**—(1) 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 be specified in the order and may give such further directions in regard to his removal 
from India as it may consider necessary or expedient. 

(2) Any police officer not below the rank of a Superintendent of Police shall have such powers as 
may be necessary, including the power to obtain a bond from any person for the due compliance of an 
order under sub-section (1) and to arrest such person in the event of his failure to furnish such bond to the 
satisfaction of such police officer.

##CHAPTER V 

###MISCELLANEOUS 

21. **Delegation of powers.**—The Central Government may, by notification, direct that the powers and 
duties  conferred  or  imposed  on  it  by  this  Act,  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; 

  (b) any State Government or any officer subordinate to that Government. 

21A. **Power to bind certain persons against whom complaint is made under the Act.**—
Notwithstanding anything contained in any other law for the time being in force, it shall be lawful for a 
police officer not below the rank of a Superintendent of Police, if he is satisfied that the circumstances so 
require  and  for  reasons to be  recorded  in  writing,  to  direct  any  person  against whom  a  reference  or  an 
application has been made under this Act to enter into a bond with or without sureties for making himself 
available for the inquiry and observance of such restrictions or conditions as may be specified by such 
police officer: 

Provided  that  if  such  person  fails  to  enter  into  such  bond  he  may  be  arrested  and  detained  in  such 
manner as may be prescribed.

22. **Power to give effect to the orders, etc.**—Any authority empowered by or in pursuance of the 
provisions of this Act to exercise any power, may, in addition to any other action expressly provided for 
in this Act, take, or cause to be taken, such steps, and use, or cause to be used, such force, as may in its 
opinion be reasonably necessary for the effective exercise of such power. 

23. **Bar of jurisdiction of civil courts.**—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  any  question  relating  to  that  matter  in  that  area  and  no 
injunction  or  any  other  order  in  respect  of  any  action  taken  by,  or  before,  the  Tribunal  or  Appellate 
Tribunal in respect of that matter shall be granted or made by any civil court. 

24. **Transitory provision.**—Where in any suit or other legal proceeding pending, whether in a civil 
court or in any Tribunal established under any other law for the time being in force, immediately before 
the commencement of this Act, a question arises as to whether a person is or is not an illegal migrant, 
such court or Tribunal shall, without deciding such question, make an order transferring such suit or other 
legal  proceeding  to  the  Tribunal  under  this  Act  within  the  territorial  limits  of  whose  jurisdiction  such 
court or other Tribunal is situate and on such transfer such question shall be dealt with by such Tribunal 
in accordance with the provisions of this Act. 

25. **Penalties.**—Any person who,— 

  (a) contravenes  or  attempts  to contravene,  or abets the  contravention  of,  any  order  made  under 
section 20; or 

  (b) fails to comply with any direction given by any such order; or 

  (c) harbours any person who has contravened any order made under section 20 or has failed to 
comply with any direction given by any such order, 

shall be punishable with imprisonment for a term which shall not be less than one year but which may 
extend to three years and with fine which shall not be less than two thousand rupees: 

Provided  that  the  court  may,  for  adequate  and  special  reasons  to  be  mentioned  in  the  judgment, 
impose a sentence of imprisonment for a term of less than one year or a fine of less than two thousand 
rupees.

26. **Protection of action taken in good faith.**—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 Act. 

27. **Power to remove difficulties.**—(1) If any difficulty arises in giving effect to the provisions of 
this  Act,  the  Central  Government  may,  by  order  to  be  published  in  the  Official  Gazette,  make  such 
provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for 
removing the difficulty: 

Provided  that  no  such  order  shall  be  made  after  the  expiry  of  a  period  of  two  years  from  the 
commencement of this Act. 

(2) Every order made under this section shall, as soon as may be after it is made, be laid before each 
House or Parliament. 

28. **Power to make rules.**—(1) The Central Government  may, by notification, make rules to carry 
out the provisions of this Act. 

(2) In particular and  without  prejudice  to  the  generality  of  the  foregoing  powers,  such  rules  may 
provide for all or any of the following matters, namely:— 

  (a) the  form  and  the  manner  in  which  an  application  may  be  made  and  the  fee  which  shall 
accompany such application, as required by sub-section (3) of section 8; 

  (aa) the form and the manner in which an application, and the form in which a declaration, may 
be made under sub-section (2) of section 8A;

  (b) the authority or authorities to be prescribed under sections 11, 12 and 16;

  (c) the form and the manner in which an appeal to the Appellate Tribunal may be preferred and 
the fee which shall accompany such appeal as required by sub-section (8) of section 15; 

  (ca) the manner of arrest and detention under the proviso to section 21A;

  (d) any other matter which is required to be, or may be, prescribed. 

(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it 
is made, before each House of Parliament, while it is in session, for a total period of thirty days which 
may be comprised in one session or in two or more successive sessions, and if, before the expiry of the 
session  immediately  following  the  session  or  the  successive  sessions  aforesaid,  both  Houses  agree  in 
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall 
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that 
any such modification or annulment shall be without prejudice to the validity of anything previously done 
under that rule. 

29. **Repeal and saving.**—(1) The Illegal Migrants (Determination by Tribunals) Ordinance, 1983 
(8 of 1983), is hereby repealed. 

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be 
deemed to have been done or taken under the corresponding provisions of this Act.