14.3 That the Central Government in exercise of powers under Section 28 of the IM (DT) Act framed rules, namely Illegal Migrants (determination by Tribunals) Rules, 1984 (hereinafter referred to as the IM (DT) Rules). These Rules stipulate enquiries at various levels before a reference can be made to the Tribunal. Under Rule 4, a Superintendent of Police or a Sub-Inspector of Police can call upon a person suspected to be illegal migrant to give particulars in Form-I. It is however, pertinent to note that such police officer has no power to compel the person to give information sought for in Form-I. Under rule 7, the Inquiry Officer is required to submit his report in Form-II to Screening Committee constituted under Rule 8 which consists of the Sub-Divisional Officer and a Police Officer not below the rank of Deputy Superintendent of Police. Under Rule 8(2), the Screening Committee scrutinizes the information received from the Inquiry Officer and after considering the relevant materials makes its recommendation to the Superintendent of Police as to whether the person mentioned in the report is or is not an illegal migrant. It is only if the Screening Committee makes its recommendation that the suspected person is an illegal migrant that a reference can be made to the Tribunal under Rule 9.

15. That under the IM (DT) Act, 16 Tribunals were constituted to cover 23 Districts of Assam. As per provisions of the IM (DT) Act, only the person who is or has been a District Judge or an Additional District Judge can be appointed as member of the Tribunal. However, under the Foreigners (Tribunal) Order, 1964 any person having judicial experience can be appointed as a member of the Tribunal. The State Government despite repeated advertisements have not been able to get qualified persons for appointment in some vacant posts as members of the Tribunal. The State Government has written to all the Deputy Commissioners to personally contact the retired District Judges or Additional District Judges of their respective areas who are not more than 63 years of age and obtain their willingness to join as Chairman/Member of the Illegal Migrants Determination tribunal. The State Government has also written a letter to the Registrar of the High Court to furnish the list of District Judges/Additional District Judges (serving or retired) who can be appointed as Chairman/Member of the Illegal Migrants Determination Tribunal/Foreigners Tribunal.

16. That the status as on 31/5/99 with regard to number of inquiries made by the Inquiry Officer and the Screening Committee and the cases referred and decided by the Illegal Migrants Determination Tribunals is as here under: