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The Foreigners (Tribunals) (Second Amendment) Order, 2019 - Notified

Ministry of Home Affairs, Order dated the 30th August, 2019 (Date of its publication in the Official Gazette: 2nd September, 2019).—

G.S.R. 623(E).—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 further to amend The Foreigners (Tribunals) Order, 1964, namely:-

1. Short title and commencement.—
(1) This order may be called the Foreigners (Tribunals) (Second Amendment) Order, 2019.
(2) It shall come into force on the date of its publication in the Official Gazette.

2. In The Foreigners (Tribunals) Order, 1964,-

(A.) In paragraph 3A,-

(i) in sub-paragraph (1), after the words “While preferring an appeal”, the words, figures and brackets “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” shall be inserted;

(ii) for sub-paragraph (6) the following shall be substituted, namely:-
 “(6) 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.”;

(iii) in sub-paragraph (9), the words, brackets and figures “and also the reference mentioned in sub-para (6)” shall be omitted.

(iv) for sub-paragraph (14), the following shall be substituted, namely:-
 “(14) 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).”

(v) for sub-paragraph (15), the following sub-paragraph shall be substituted, namely:-
 “(15)(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.”;

(B.) the paragraph 3B shall be omitted.



Note : The principal Order was published in the Gazette of India vide number G.S.R. 1401, dated the 23rd September, 1964 and was last amended by notification of the Government of India in the Ministry of Home Affairs vide number G.S.R. 409(E), dated the 30th May, 2019.

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