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Sections
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Order - 1. Short title.
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Order - 2. Constitution of Tribunals.
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Order - [3. Procedure for disposal of questions.
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Order - [3-A. Procedure for disposal of appeal referred to in sub-para (1-B) of Paragraph 2.
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Order - 3-B. Procedure for disposal of cases in case of persons referred in sub-para (1-B) of Paragraph 2 not preferring an appeal.
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Order - [3-C.] Procedure for setting aside ex parteorder.
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Order - [4. Powers of Foreigners Tribunals.
Foreigners
(Tribunals) Order, 1964
[Foreigners
(Tribunals) Order, 1964][1]
[23rd September, 1964]
In exercise of the powers
conferred by Section 3 of the Foreigners Act, 1946 (31 of 1946), the Central
Government hereby makes the following order, namely:
Order - 1. Short title.
This order may be called
the Foreigners (Tribunals) Order,
1964.
Order - 2. Constitution of Tribunals.
(1) [2][The Central Government or
the State Government or the Union territory administration or the District
Collector or the District Magistrate may,] by order, refer the question as to
whether a person is not a foreigner within the meaning of the Foreigners Act,
1946 (31 of 1946) to a Tribunal to be constituted for the purpose, for its
opinion.
(1-A)
The registering authority appointed under sub-rule (1) of [3][Rule
19 of the Citizenship Rules, 2009] may also refer to the Tribunal the question
whether a person of Indian Origin, complies with any of the requirements under
sub-section (3) of Section 6-A of the Citizenship Act, 1955 (57 of 1955).
[4][(1-B) Any person referred
to in Paragraph 8 of the Schedule to the Citizenship (Registration of Citizens
and Issue of National Identity Cards) Rules, 2003 may prefer an appeal, on the
terms and conditions specified therein, before the designated Tribunal
constituted under this Order.]
(2) The Tribunal shall consist
of such number of persons having judicial experience as the Central Government
may think fit to appoint.
(3) Where the Tribunal consists
of two or more members, one of them shall be appointed as the Chairman thereof.
Order - [3. Procedure for disposal of questions.
(1) The Tribunal shall serve on
the person to whom the question relates, a copy of the main grounds on which he
is alleged to be a foreigner and give him a reasonable opportunity of making a
representation and producing evidence in support of his case and after
considering such evidence as may be produced and after hearing such persons as
may desire to be heard, the Tribunal shall submit its opinion to the officer or
authority specified in this behalf in the order of reference.
(2) The Foreigners Tribunal
shall serve a show-cause notice on the person to whom the question relates,
that is, the proceedee.
(3) The notice referred to in
sub-para (2) shall be served within ten days of the receipt of the reference of
such question by the Central Government or any competent authority.
(4) The notice shall be served
in English and also in the official language of the State indicating that the
burden is on the proceedee to prove that he or she is not a foreigner.
(5) (a) The notice shall be served at the address where the proceedee
last resided or reportedly resides or works for gain, and in case of change of
place of residence, which has been duly intimated in writing to the
investigating agency by the alleged person, it shall be served at such changed
address by the Foreigners Tribunal.
(b) if the proceedee is not found at the address at the time of
service of notice, the notice may be served on any adult member of the family
of the proceedee and it shall be deemed to be served on the proceedee;
(c) where the notice is served on the adult member of the family
of the proceedee, the process server shall obtain the signature or thumb
impression of the adult member on the duplicate of the notice as a token of
proof of the service;
(d) if the adult member of the family of the proceedee refuses to
put a signature or the thumb impression, as the case may be, the process server
shall report the same to the Foreigners Tribunals;
(e) if the proceedee or an available adult member of his or her
family refuses to accept the notice, the process server shall give a report to
the Foreigners Tribunal in that regard along with the name and address of a
person of the locality, who was present at the time of making such an effort to
get the notices served, provided such person is available and willing to be a
witness to such service and the process server shall obtain the signature or
thumb impression of such witness, if he or she is present and willing to sign
or put his or her thumb impression, as the case may be;
(f) if the proceedee has changed the place of residence or place
of work, without intimation to the investigating agency, the process server
shall affix a copy of the notice on the outer door or some other conspicuous
part of the house in which the proceedee ordinarily resides or last resided or
reportedly resided or personally worked for gain or carries on business, and
shall return the original to the Foreigners Tribunal from which it was issued
with a report endorsed thereon or annexed thereto stating that he has so
affixed the copy, the circumstances under which he did do, and the name and
address of the person (if any) by whom the house was identified and in whose
presence the copy was affixed;
(g) where the proceedee or any adult member of his or her family
or her is not found at the residence, a copy of the notice shall be pasted in a
conspicuous place of his or her residence, witnessed by one respectable person
of the locality, subject to his or her availability and willingness to be a
witness in that regard and the process server shall obtain the signature or the
thumb impression of that person in the manner in which such service is
affected;
(h) where the proceedee resides outside the jurisdiction of the
Foreigners Tribunal, the notice shall be sent for service to the officer
incharge of the police station within whose jurisdiction the proceedee resides
or last resided or is last known to have resided or worked for gain and the
process server shall then cause the service of notice in the manner as provided
hereinabove;
(i) if no person is available or willing to be the witness of
service of notice or refuses to put his or her signature or thumb impression
the process server shall file a signed certificate or verification to that
effect, which shall be sufficient proof of such non-availability, unwillingness
and refusal;
(j) on receipt of the signed certificate or verification referred
to in clause (i) the Foreigners
Tribunals shall return such references with such directions as it thinks fit to
the competent authority for tracing out the proceedee and produce before the
said Tribunal.
(6) Where the proceedee appears
or is brought before the Foreigners Tribunal and he produces the documents in
support of his claim, the Foreigners Tribunal may release such person on bail
and decide the matter accordingly.
(7) In case where notice is
duly served, the proceedee shall appear before the Foreigners Tribunal in
person or by a counsel engaged by him or her, as the case may be, on every
hearing before the Foreigners Tribunal.
(8) The Foreigners Tribunal
shall give the proceedee ten days time to give reply to the show-cause notice
and further ten days time to produce evidence in support of his or her case.
(9) The Foreigners Tribunal may
refuse a prayer for examination of witnesses on Commission for production of
documents if, in the opinion of the Foreigners Tribunal, such prayer is made to
delay the proceedings.
(10) The Foreigners Tribunal
shall take such evidence as may be produced by the concerned Superintendent of
Police.
(11) The Foreigners Tribunal
shall hear such persons as, in its opinion, are required to be heard.
(12) The Foreigners Tribunal may
grant adjournment of the case on any plea sparingly and for reasons to be
recorded in writing.
(13) Where the proceedee fails
to produce any proof in support of his or her claim that he or she is not a
foreigner and also not able to arrange for bail in respect of his or her claim,
the proceedee shall be detained and kept in internment or detention centre;
(14) The Foreigners Tribunal
shall dispose of the case within a period of sixty days of the receipt of the
reference from the competent authority.
(15) After the case has been
heard, the Foreigners Tribunal shall submit its opinion as soon thereafter as
may be practicable, to the officer or the authority specified in this behalf in
the order of reference.
(16) The final order of the
Foreigners Tribunal shall contain its opinion on the question referred to which
shall be a concise statement of facts and the conclusion.][5]
Order - [3-A. Procedure for disposal of appeal referred to in sub-para (1-B) of Paragraph 2.
(1) While preferring an
appeal [6][within
the period of one hundred twenty days as specified under Paragraph 8 of the
Schedule appended to the Citizenship (Registration of Citizens and issue of
National Identity Cards) Rules, 2003], the applicant shall provide a certified
copy of the rejection order received from the National Register of Indian
Citizens hereinafter referred to as NRC authorities along with the grounds for
appeal.
(2) The appellant may appear
either in person or through a legal practitioner or a relation authorised by
the appellant in writing subject to the acceptance of such representation by
the Tribunal.
(3) The State Government may
appoint a pleader to represent the District Magistrate.
(4) The Tribunal shall issue a
notice to the District Magistrate to produce NRC Records within thirty days
from date of receipt of the notice and a copy of the said notice shall also be
sent to the pleader appearing for the Government and to the appellant.
(5) The District Magistrate
shall provide the NRC records in original including the application form and
documents submitted by the appellant and orders passed by the NRC authorities
to the pleader appearing for the Government against the claims or objections
filed by the appellant.
(6) [7][In case no appeal is
preferred under paragraph (8) of the Schedule appended to the Citizenship
(Registration of Citizens and issue of National Identity Cards) Rules, 2003,
the District Magistrate may refer to the Tribunal for its opinion the question
as to whether the person is a foreigner or not within the meaning of the
Foreigners Act, 1946 (31 of 1946) in terms of sub-paragraph (1) of Paragraph
2.]
(7) Persons against whom a
reference has already been made by the competent authority to any Foreigners
Tribunal shall not be eligible to file the appeal before the Tribunal.
(8) If any Foreigners Tribunal
has already given opinion about a person earlier as a foreigner, such person
shall not be eligible to file an appeal to any Tribunal.
(9) On behalf of the District
Magistrate, the pleader shall produce the NRC records before the Tribunal [8][*
* *].
(10) Upon production of the
records, if the Tribunal finds merit in the Appeal, it shall issue notice to
the appellant and the District Magistrate for hearing specifying the date of
hearing and such date shall be within thirty days from the date of production
of the records.
(11) The District Magistrate may
depute an officer as authorised representative to act on his behalf in any
proceeding before the Tribunal.
(12) During the hearing, the
Tribunal shall give the Appellant, the pleader appearing for the Government and
the authorised representative of the District Magistrate, if any, a reasonable
opportunity to present their case including the filing of any representation or
producing documents or evidence in support of their case.
(13) While disposing the appeal
or reference mentioned in sub-para (6), the Tribunal shall be guided by
sub-paras (9), (11) and (12) of Paragraph 3 of this Order.
(14) [9][After hearing the
appellant, the pleader appearing for the Government and the authorised
representative of the District Magistrate, if any, the Tribunal shall dispose
of the appeal:
Provided that the Tribunal
shall also, if the Appeal is rejected, give a clear finding as to whether the
appellant is a foreigner or not within the meaning of the Foreigners Act, 1946
(31 of 1946).]
(15) [10][(a) The final order of the Tribunal shall contain its opinion on
the matter whether the appellant is eligible for inclusion in the NRC or not
and it shall also contain the opinion of the Tribunal as to whether the
appellant, if his appeal is rejected, is a foreigner or not within the meaning
of the Foreigners Act, 1946.
(b) The final order of the Tribunal shall be a concise statement
of facts and conclusion based on which the Tribunal has arrived at its
decision.]
(16) The final order of the
Tribunal containing its opinion shall be given within a period of one hundred
and twenty days from the date of production of the records.
(17) Subject to the provision of
this Order, the Tribunal shall have the power to regulate its own procedure for
disposal of the cases expeditiously in a time-bound manner.
Order - 3-B. Procedure for disposal of cases in case of persons referred in sub-para (1-B) of Paragraph 2 not preferring an appeal.
Order - [3-C.] Procedure for setting aside ex parteorder.
(1) Where the Foreigners
Tribunal has passed an ex parte order for non-appearance of the proceedee and
he or she has sufficient cause for not appearing before the Foreigners
Tribunal, it may on the application of the proceedee, if filed within thirty
days of the said order, set aside its ex parte order and decide the case
accordingly.
(2) The proceedee may file an
application to the Foreigner Tribunal within thirty days to review the decision
of the Foreigners Tribunal claiming that he is not a foreigner and Foreigners
Tribunals may review its decision within thirty days of the receipt of such
application and decide the case on merits.
(3) Subject to the provisions
of this order, the Foreigners Tribunal shall have the powers to regulate its
own procedure for disposal of the cases expeditiously in a time-bound manner.][13]
Order - [4. Powers of Foreigners Tribunals.
The Foreigners Tribunals
shall have the powers of a civil court while trying a suit under the Code of
Civil Procedure, 1908 (5 of 1908) and the powers of a Judicial Magistrate first
class under the Code of Criminal Procedure, 1973 (2 of 1974) in respect of the
following matters, namely
(a) summoning and enforcing the
attendance of any person and examining him or her on oath;
(b) requiring the discovery and
production of any document;
(c) issuing commissions for the
examination of any witness;
(d) directing the proceedee to
appear before it in person;
(e) issuing a warrant of arrest
against the proceedee if he or she fails to appear before it.][14]
[1]
Government of India, Ministry of Home Affairs, order, Noti. No. G.S.R. 1401,
dt. 23rd September, 1964.
[2]
Subs. for “The Central Government may” by G.S.R. 409(E), dt. 30-5-2019 (w.e.f.
4-6-2019).
[3]
Subs. for “Rule 16-F of the Citizenship Rules, 1956” by G.S.R. 409(E), dt.
30-5-2019 (w.e.f. 4-6-2019).
[4]
Ins. by G.S.R. 409(E), dt. 30-5-2019 (w.e.f. 4-6-2019).
[5]
Subs. by G.S.R. 770(E), dt. 10-12-2013 (w.e.f. 10-12-2013). Prior to
substitution it read as:
“3. Procedure for disposal of questions.(1)
The Tribunal shall serve on the person to whom the question relates a show
cause notice with a copy of the main grounds on which he or she is alleged to
be a foreigner. This notice should be served as expeditiously as possible, and
in any case, not later than ten days of the receipt of the reference of such
question by the Central Government or any competent authority.
(2) The Tribunal shall give him or her a
reasonable opportunity to show cause by filing a representation. Ordinarily,
not more than ten days' time from the date of service of the notice as
aforesaid should be given to file such a representation.
(3) The Tribunal shall give him or her a
reasonable opportunity to produce evidence in support of his or her cause.
Ordinarily, not more than ten days' time should be given to produce such
evidence.
(4) A prayer for examination of witnesses in
court or on Commission for production of documents shall be refused if, in the
opinion of the Tribunal, such prayer is made for the purpose of vexation or
delay or similar purpose.
(5) The Tribunal shall take such evidence as
may be produced by the Superintendent of Police concerned.
(6) The Tribunal shall hear such persons as,
in its opinion, are required to be heard.
(7) A party to the proceeding may be allowed
to appear before the Tribunal either in person or through a legal practitioner
or such person or relation authorised by him in writing as the Tribunal may
admit as a fit person to represent the party.
(8) The power of granting adjournment on any
plea should be very sparingly exercised.
(9) After the case has been heard, the
Tribunal shall submit its opinion as soon thereafter as may be practicable, to
the officer or the authority specified in this behalf in the order of
reference. Every case should be disposed of within a period of 60 days after
the receipt of the reference from the competent authority.
(10) The Tribunal's final order containing
its opinion on the question referred to need not be a detailed order as it is
not a judgment; a concise statement of facts and the conclusion will suffice.
(11) Subject to the provisions of this order,
the Tribunal shall have the power to regulate its own procedure for disposal of
the cases expeditiously in a time bound manner.”
[6]
Ins. by G.S.R. 760(E), dt. 30-8-2019 (w.e.f. 5-10-2019).
[7]
Subs. by G.S.R. 760(E), dt. 30-8-2019 (w.e.f. 5-10-2019). Prior to substitution
it read as:
“(6) The District Magistrate may also refer
to the Tribunal for its opinion the question as to whether the Appellant is a
foreigner or not within the meaning of the Foreigners Act, 1946 (31 of 1946),
in terms of sub-para (1) of Paragraph 2. In case ofsuch reference to the
Tribunal, it shall be deemed as a reference to the Tribunal in terms of
sub-para (1) of Paragraph 2, the Tribunal shall examine the said reference
along with the Appeal.”
[8]
The words “and also the reference mentioned in sub-para (6)” omitted by G.S.R.
760(E), dt. 30-8-2019 (w.e.f. 5-10-2019).
[9]
Subs. by G.S.R. 760(E), dt. 30-8-2019 (w.e.f. 5-10-2019). Prior to substitution
it read as:
“(14) After hearing the Appellant, the
pleaderappearing for the Government and the authorised representative of the
District Magistrate, if any, the Tribunal shall dispose of the appeal and the
reference from the District Magistrate mentioned in sub-para (6) by recording
itsopinion.”
[10]
Subs. by G.S.R. 760(E), dt. 30-8-2019 (w.e.f. 5-10-2019). Prior to substitution
it read as:
“(15) The final order of the Tribunal shall
contain its opinion on the matter whether the Appellant is eligible for
inclusion in the NRC or not. It shall also contain the opinion of the Tribunal
on the reference of the District Magistrate mentioned in sub-para (6). The
final order of the Tribunal shall be a concise statement of facts and
conclusion based on which the Tribunal has arrived at such an opinion.”
[11]
Omitted by G.S.R. 760(E), dt. 30-8-2019 (w.e.f. 5-10-2019). Prior to omission
it read as:
“3-B. Procedure for disposal of cases in case
of persons referred in sub-para (1-B) of Paragraph 2 not preferring an
appeal.In case a person referred to in Paragraph 8 of the Schedule to the
Citizenship (Registration of Citizens and Issue of National Identity Cards)
Rules, 2003 does not prefer an appeal within the period of sixty days before
the designated Tribunal constituted under this Order, the authority mentioned
in sub-para (1) of Paragraph 2 of this Order may refer to the Tribunal for its
opinion the question whether the said personis a foreigner or notwithin the
meaning of the Foreigners Act,1946 (31 of 1946) in terms of sub-para (1) of Paragraph
2 of this Order. On receipt of such a reference, the Tribunal shall examine the
same as per the procedure laid down in Paragraph 3-A of this Order.”
[12]
Ins. by G.S.R. 409(E), dt. 30-5-2019 (w.e.f. 4-6-2019).
[13]
Renumbered by G.S.R. 409(E), dt. 30-5-2019 (w.e.f. 4-6-2019).
[14]
Subs. by G.S.R. 770(E), dt. 10-12-2013 (w.e.f. 10-12-2013). Prior to
substitution it read as:
“4. Power of Tribunals.The Tribunal shall
have the powers of a civil court while trying a suit under the Code of Civil
Procedure, 1908 in respect of the following matters, namely
(a) summoning and enforcing the attendance of
any person and examining him on oath;
(b) requiring the discovery and production of
any document;
(c) issuing commissions for the examination
of any witness.”