Case Law

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Illegal Migrants (Determination by Tribunals) Act, 1983

Chapter 5 — Miscellaneous
Section 28. Power to make rules
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;
1
[(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 8-
A;]
2
[(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;
3
[(c-a) the manner of arrest and detention under the proviso to Section
21-A;]
(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.
____________________________________________________________
Prior to amendment by Act 24 of 1988, Section 28 read as:
____________________________________________________________
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:
SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
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Printed For: Zahra Padamsee
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-----------------------------------------------------------------------------------------------------------------------------------------------------------
—
(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;
(b) the authority to be prescribed under Section 11;
(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;
(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.
———
1
Inserted by Act 24 of 1988, Section 16.
2
Substituted by Act 24 of 1988, Section 16.
3
Inserted by Act 24 of 1988, Section 16.
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reason of any mistake or omission or for any action taken or omitted to be taken or advice rendered or accepted on the basis of
this casenote/ headnote/ judgment/ act/ rule/ regulation/ circular/ notification. All disputes will be subject exclusively to
jurisdiction of courts, tribunals and forums at Lucknow only. The authenticity of this text must be verified from the original source.

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SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.

Page 1 Saturday, June 08, 2024

Illegal Migrants (Determination by Tribunals) Act, 1983

28. Power to make rules.—(1) The Central Government may, by

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