DCs can determine nationality and push back illegal foreigners: CM
Staff Reporter
Guwahati: From now on, the identification and expulsion of illegal foreigners will be done through Immigrants (Expulsion from Assam) Act, 1950. Through this Act, the district commissioners in the state will be able to issue an order within ten days of issuing a notice to a suspected citizen. This order will spell out his or her citizenship status. If the suspected person is determined to be an illegal foreigner entering Assam after 1971, that person will be pushed back immediately. However, the cases pending against people of suspected nationalities in Foreigners’ Tribunals will continue.
For the implementation of Immigrants (Expulsion from Assam) Act, 1950, the Assam Cabinet today approved the standard operating procedure (SOP).
At the end of the cabinet meeting, Chief Minister Dr. Himanta Biswa Sarma addressed a press conference in Dispur, where he said, “Recently, a constitutional bench of the Supreme Court validated Clause 6A of the Citizenship Act, 1955. As per Clause 6A of the Act, the cut-off year for identification of illegal foreigners in the state is 1971. Regarding the verdict of the SC, there was not much of a reaction among the people in the state. But the SC had opined at that time that Clause 6A of the Citizenship Act, 1955, and the Immigrants (Expulsion from Assam) Act, 1950, will both go hand-in-hand. So, those entering Assam before 1971 will be granted Indian citizenship, and those coming after that date will be expelled from the state under the Immigrants (Expulsion from Assam) Act, 1950.”
He also stated, “The central government has already notified the DCs as designated officers for implementation of the Act of 1950. At that time, the Act was specifically enacted for Assam. Then there came the Illegal Migrants (Determination by Tribunals) Act (IMDT), 1983. After the scrapping of the IMDT Act through the case filed by Sarbananda Sonowal in the Supreme Court, the then Congress government brought in the Foreigners’ Tribunals in the state. For some reason or the other, the Immigrants (Expulsion from Assam) Act, 1950, was relegated to the background. But the recent opinion of a constitutional bench of the Supreme Court brought back its relevance. So, today’s cabinet approved the SOP for the implementation of the 1950 Act. The disposal of cases in the FTs was a complex procedure, and 82,000 cases are pending in the FTs.”
“Through the implementation of the Immigrants (Expulsion from Assam) Act, 1950, the procedure will be expedited. If anybody, including the police, complains before the DC about the nationality of somebody being suspect, the DC will then issue ten days’ time to the person concerned to prove his or her citizenship. On the tenth day of the complaint, the DC will be able to issue an evacuation order if the person is proved to be an illegal foreigner. The person will then be sent to a holding centre and then pushed back by the BSF. Any fresh infiltrator will be pushed back immediately. Now, illegal foreigners can be pushed back, bypassing the FTs. From now onwards, no new case of suspected people will be forwarded to the FTs. The ongoing cases will, however, proceed as per procedure. The decision by the cabinet today is a historic one. We will now implement the Immigrants (Expulsion from Assam) Act, 1950, in letter and spirit. However, if any DC is confused about the identity of any person, the case will then be referred to the FT. During the tenure of the Congress, the 1950 Act was sabotaged and not brought into the limelight, despite the verdict in Sonowal’s case,” the CM added.
The other decisions taken by the state cabinet include according approval for financial assistance of Rs. 5 crore towards the “Himachal Pradesh Chief Minister Relief Fund” from the Chief Minister’s Scheme for Public Emergency, Assam, to alleviate the suffering caused by the monsoon rains in the state of Himachal Pradesh.
The State Cabinet also approved the correction of pay anomaly in respect of 20 physiotherapists, speech therapists, accountants and cashiers of Jorhat Medical College and Hospital under the Directorate of Medical Education, Assam, and Model Hospitals under the Directorate of Health Services of Assam to fix benefits like other direct entry pay scales.
The State Cabinet further approved the amendment of the Assam Agricultural Produce and Livestock Marketing (Promotion and Facilitation) Act, 2020 (AAPLM Act, 2020) on the lines of the Model Act, 2017, circulated by the Government of India, to align it with the evolving aspects of the state’s agricultural marketing system and enhance market access for small and marginal farmers, ensuring transparent and competitive bidding for better price realisation.
Also Read: Immigration and Foreigners (Exemption) Order, 2025
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