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IMMIGRANTS (EXPULSION FROM ASSAM) ACT, 1950
10 of 1950
1st March, 1950
STATEMENT OF OBJECTS AND REASONS During the last few months a serious situation had arisen from the immigration of a very large number of East Bengal residents into Assam. Such large migration is disturbing the economy of the Province, besides giving rise to a serious law and order problem. The Bill seeks to confer necessary powers on the Central Government to deal with the situation - Gaz. of Ind. 24-12-1949, Pt. V, page 503.
An Act to provide for the expulsion of certain immigrants from Assam. BE it enacted by Parliament as follows :- The Act has been adopted by the State of Nagaland formed under Act 27 of 1962. This Act would extend to the autonomous State of Meghalaya formed under Act 55 of 1969, a State within the State of Assam. Under Act 81 of 1971, Meghalaya is an independent State. The Act has now been adopted by N.E.A.R. A.L.O., 1974 in all the newly created States under Act 81 of 1971.
SECTION 01: SHORT TITLE AND EXTENT
(1) This Act may be called The Immigrants (Expulsion from Assam) Act, 1950.
(2) It extends to the whole of India.
SECTION 02: POWER TO ORDER EXPULSION OF CERTAIN IMMIGRANTS
- 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-
(a) 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
(b) give such further directions in regard to his or their removal from India or Assam as it may consider necessary or expedient:
Provided that nothing in this section shall apply to any person who on account of civil disturbances or the fear of such disturbances in any area now forming part of Pakistan has been displaced from or has left his place of residence in such area and who has been subsequently residing in Assam.
SECTION 03: DELEGATION OF POWER
- The Central Government may, by notification1in the Official Gazette, direct that the powers and duties conferred or imposed on it by Section 2-shall, subject to such conditions, if any, as may be specified in the notification, be exercised or discharged also by-
(a) any officer subordinate to the Central Government;
(b) the2[Government of Assam, Meghalaya] or any officer subordinate to that Government.
SECTION 04: POWER TO GIVE EFFECT TO ORDERS, ETC
Any authority empowered by or in pursuance of the provisions of this Act to exercise any power may, in addition to any other action expressly provided for in this Act, take or cause to be taken such steps, and use or cause to be used such force, as may in its opinion be reasonably necessary for the effective exercise of such power.
SECTION 05: PENALTIES
- Any person who-
(a) contravenes or attempts to contravene or abets the contravention of any order made underSection 2-, or
(b) fails to comply with any direction given by any such order, or
(c) 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, shall be punishable with imprisonment which may extend to three years and shall also be liable to fine.
SECTION 06: PROTECTION TO PERSONS ACTING UNDER THIS ACT
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.
SECTION 07: REPEAL AND SAVING
[Repealed by the Repealing and Amending Act, 1957 (36 of 1957),Section 2-and Sch. I (17-9-1957).]
Footnotes:
1. See Notification No. F. 17-l-/50-Pak. III, dated 20th March, 1950, published in Gaz. of Ind., 1950, Pt. I, page 388.
2. Substituted for the words "Government of Assam" by G.S.R. 7(E), Gaz. of Ind., 2-1-1974, Pt. II-3(i), Ext., p. 29.
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