Begin typing your search above and press return to search.

Act to deport foreigners ignored

By R DUTTA CHOUDHURY

GUWAHATI, May 22 - Considering the gravity of the situation arising out of the immigration of foreigners to Assam, the Government of India promulgated a legislation called Immigrants (Expulsion from Assam) Act, 1950 to pave the way for deportation of the foreign nationals entering India illegally but for reasons known to the persons at the helm of affairs, the Act was never strictly implemented which resulted in the present state of affairs.

Because of the grave threat posed by illegal migration from the then East Pakistan, the Government of India first promulgated an ordinance in January, 1950, which was later replaced by the Act, which came into effect from March 1, 1950. The Act, which gave wide ranging powers to the officials to take action against illegal migrants, also had provision for penalty for those who harbour illegal migrants.

Section 2 of the Act said, �If the Central Government is of opinion that any person or class of persons, having been ordinarily resident in any place outside India, has or have whether before or after the commencement of this Act, come into Assam and that the stay of such person or class of persons in Assam is detrimental to the interests of the general public of India or of any section thereof or of any Scheduled Tribe in Assam, the Central Government may by order� direct such person or class of persons to remove himself or themselves from India or Assam within such time and by such route as may be specified in the order; and give such further directions in regard to his or their removal from India or Assam as it may consider necessary or expedient.�

Section 3 of the Act said that any officer of the Central or State Government had the authority to exercise the powers under the Act and on behalf of the Assam Government, the Deputy Commissioners, Additional Deputy Commissioners and Sub Divisional Officers were empowered to exercise the powers given in section 2 of the Act.

Interestingly, the Act also had provisions for strict penalty for anyone who harbours illegal migrants or contravenes with the provisions laid down under Section 2. Section 5 of the Act said, �anyone who contravenes or attempts to contravene or abets the contravention of any order made under section 2, or fails to comply with any direction given by any such order, or harbours any person who has contravened any order made under Section 2 or has failed to comply with any direction given by any such order, as/line shall be punishable with imprisonment which may extend to three years and shall also be liable to fine.�

However, no one knows why the Act was not strictly implemented in the State to deal with the problem of infiltration.

Meanwhile, highly placed official sources told The Assam Tribune that Section 4 of the Illegal Migrants (Determination by Tribunals) Act superseded the provisions of the Immigrants (Expulsion from Assam) Act. But while striking down the IMDT Act in 2005, the Supreme Court clearly mentioned that The Passport (Entry into India) Act, 1920, Foreigners Act, 1946, Immigrants (Expulsion from Assam) Act, 1950 and Passport Act, 1967 should be applicable to Assam.

More in Entertainment
Next Story
Similar Posts
Act to deport foreigners ignored

GUWAHATI, May 22 - Considering the gravity of the situation arising out of the immigration of foreigners to Assam, the Government of India promulgated a legislation called Immigrants (Expulsion from Assam) Act, 1950 to pave the way for deportation of the foreign nationals entering India illegally but for reasons known to the persons at the helm of affairs, the Act was never strictly implemented which resulted in the present state of affairs.

Because of the grave threat posed by illegal migration from the then East Pakistan, the Government of India first promulgated an ordinance in January, 1950, which was later replaced by the Act, which came into effect from March 1, 1950. The Act, which gave wide ranging powers to the officials to take action against illegal migrants, also had provision for penalty for those who harbour illegal migrants.

Section 2 of the Act said, �If the Central Government is of opinion that any person or class of persons, having been ordinarily resident in any place outside India, has or have whether before or after the commencement of this Act, come into Assam and that the stay of such person or class of persons in Assam is detrimental to the interests of the general public of India or of any section thereof or of any Scheduled Tribe in Assam, the Central Government may by order� direct such person or class of persons to remove himself or themselves from India or Assam within such time and by such route as may be specified in the order; and give such further directions in regard to his or their removal from India or Assam as it may consider necessary or expedient.�

Section 3 of the Act said that any officer of the Central or State Government had the authority to exercise the powers under the Act and on behalf of the Assam Government, the Deputy Commissioners, Additional Deputy Commissioners and Sub Divisional Officers were empowered to exercise the powers given in section 2 of the Act.

Interestingly, the Act also had provisions for strict penalty for anyone who harbours illegal migrants or contravenes with the provisions laid down under Section 2. Section 5 of the Act said, �anyone who contravenes or attempts to contravene or abets the contravention of any order made under section 2, or fails to comply with any direction given by any such order, or harbours any person who has contravened any order made under Section 2 or has failed to comply with any direction given by any such order, as/line shall be punishable with imprisonment which may extend to three years and shall also be liable to fine.�

However, no one knows why the Act was not strictly implemented in the State to deal with the problem of infiltration.

Meanwhile, highly placed official sources told The Assam Tribune that Section 4 of the Illegal Migrants (Determination by Tribunals) Act superseded the provisions of the Immigrants (Expulsion from Assam) Act. But while striking down the IMDT Act in 2005, the Supreme Court clearly mentioned that The Passport (Entry into India) Act, 1920, Foreigners Act, 1946, Immigrants (Expulsion from Assam) Act, 1950 and Passport Act, 1967 should be applicable to Assam.

More in Entertainment
Similar Posts