14.1. That Section 4 of the Illegal Migrants (Determination by Tribunals) Act, gives overriding effect to the provisions of this Act over other enactments on the subject including the Foreigners Act, 1946. Under Section 5 of the Act, Tribunals were constituted for the purpose of detection of foreigners and the member of the Tribunals could be only those person who is or has been a District Judge or an Additional District Judge in any State. Under Section 8 of the Act, detailed provisions have been made for reference to the Tribunal for deciding as to whether any person is or is not an illegal migrant. It is pertinent to note that application can be made by a person to the Tribunal only if he resides within the jurisdiction of the same Police Station where the suspect resides. Further, the application is required to be accompanied by affidavit of two persons and application fee of not less than Rs. 10/-and not more than Rs 100/-. Under Section 8A, a person can make application to the Central Government for making a reference to the Tribunal. Such application can also be made only by a person residing within the jurisdiction of the same Revenue Sub-Division as that of the suspect. Under Section 14, an Appellate tribunal is constituted for hearing appeals against the orders of the Tribunals. The Appellate tribunal is constituted by a person who is or has been a Judge of a High Court. Under Section 20, the Central Government is required to serve on the illegal migrant so determined by the tribunal to remove himself from India. Under Section 20 (2), only an officer not below the rank of Superintendent of Police has the power to ensure compliance of the order of removal passed by the Central Government. Under Section 21, the Central Government may delegate its powers to the State Government. Under Section 28, the Central Government can make rules to carry out its provisions.

14.2. That under Section 21 of the Act, Central Govt. By notification delegated its powers under Section 5, 6, 7, 8, 8A, 14, 15, & 20 to the State Government.