Search Results on rules for query: "Citizenship(Second) Amendment Rules 2018"
Related Section(s)1[(1) A person born outside India shall be a citizen of India by
descent,--
(a) on or after the 26th day of January, 1950, but before the 10th day of December, 1992, if his father is a citizen of India at the time of his birth; or (b) on or after the 10th day of December, 1992, if either of his parents is a citizen of India at the time of his birth: Provided that if the father of a person referred to in clause (a) was a citizen of India by descent only, that person shall not be a citizen of India by virtue of this section unless-- (a) his birth is registered at an Indian consulate within one year of its occurrence or the commencement of this Act, whichever is later, or, with the permission of the Central Government, after the expiry of the said period; or (b) his father is, at the time of his birth, in service under a Government in India: Provided further that if either of the parents of a person referred to in clause (b) was a citizen of India by descent only, that person shall not be a citizen of India by virtue of this section, unless-- (a) his birth is registered at an Indian consulate within one year of its occurrence or on or after the 10th day of December, 1992, whichever is later, or, with the permission of the Central Government, after the expiry of the said period; or (b) either of his parents is, at the time of his birth, in service under a Government in India: Provided also that on or after the commencement of the Citizenship (Amendment) Act, 2003(6 of 2004), a person shall not be a citizen of India by virtue of this section, unless his birth is registered at an Indian consulate in such form and in such manner, as may be prescribed,-- (i) within one year of its occurrence or the commencement of the Citizenship (Amendment) Act, 2003(6 of 2004), whichever is later; or (ii) with the permission of the Central Government, after the expiry of the said period: Provided also that no such birth shall be registered unless the parents of such person declare, in such form and in such manner as may be prescribed, that the minor does not hold the passport of another country. (1A) A minor who is a citizen of India by virtue of this section and is also a citizen of any other country shall cease to be a citizen of India if he does not renounce the citizenship or nationality of another country within six months of attaining full age.] (2) If the Central Government so directs, a birth shall be deemed for the purposes of this section to have been registered with its permission, notwithstanding that its permission was not obtained before the registration. (3) For the purposes of the proviso to sub-section @I@(1)@/I@, 2[any person] born outside undivided India who was, or was deemed to be, a citizen of India at the commencement of the Constitution shall be deemed to be a citizen of India by descent only.
1. Subs. by s. 4,ibid., for sub-section (1) (w.e.f. 3-12-2004)
2. Subs. by Act 39 of 1992, s. 2, for "any male person".
1[(1) Subject to the provisions of this section and such other
conditions and restrictions as may be prescribed, the Central Government may, on an application
made in this behalf, register as a citizen of India any person not being an illegal migrant who is not
already such citizen by virtue of the Constitution or of any other provision of this Act if he belongs to
any of the following categories, namely:--
(a) a person of Indian origin who is ordinarily resident in India for seven years before making an application for registration; (b) a person of Indian origin who is ordinarily resident in any country or place outside undivided India; (c) a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration; (d) minor children of persons who are citizens of India; (e) a person of full age and capacity whose parents are registered as citizens of India under clause (a) of this sub-section or sub-section (1) of section 6; (f) a person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and 2[is ordinarily resident in India for twelve months] immediately before making an application for registration; (g) a person of full age and capacity who has been registered as an 3[Overseas Citizen of India Cardholder] for five years, and who 4[is ordinarily resident in India for twelve months] before making an application for registration. Explanation 1.--For the purposes of clauses (a) and (c), an applicant shall be deemed to be ordinarily resident in India if-- (i) he has resided in India throughout the period of twelve months immediately before making an application for registration; and (ii) he has resided in India during the eight years immediately preceding the said period of twelve months for a period of not less than six years. Explanation 2.--For the purposes of this sub-section, a person shall be deemed to be of Indian origin if he, or either of his parents, was born in undivided India or in such other territory which became part of India after the 15th day of August, 1947.] 5[(1A) The Central Government, if it is satisfied that special circumstances exist, may after recording the circumstances in writing, relax the period of twelve months, specified in clauses (f) and (g) and clause (i) of Explanation 1 of sub-section (1), up to a maximum of thirty days which may be in different breaks.] (2) No person being of full age shall be registered as a citizen of India under sub-section (1) until he has taken the oath of allegiance in the form specified in the Second Schedule. (3) No person who has renounced, or has been deprived of, his Indian citizenship or whose Indian citizenship has terminated, under this Act shall be registered as a citizen of India under sub-section (1) except by order of the Central Government. (4) The Central Government may, if satisfied that there are special circumstances justifying such registration, cause any minor to be registered as a citizen of India. (5) A person registered under this section shall be a citizen of India by registration as from the date on which he is so registered; and a person registered under the provisions of clause (b)(ii) of article 6 or article 8 of the Constitution shall be deemed to be a citizen of India by registration as from the commencement of the Constitution or the date on which he was so registered, whichever may be later. 6[(6) If the Central Government is satisfied that circumstances exist which render it necessary to grant exemption from the residential requirement under clause (c) of sub-section (1) to any person or a class of persons, it may, for reasons to be recorded in writing, grant such exemption.].
1. Subs. by Act 6 of 2004, s. 5, for sub-section (1) (w.e.f. 3-12-2004).
2. Subs. by Act 1 of 2015, s. 3, for "has been residing in India for one year" (w.e.f. 6-1-2015). 3. Subs. by s. 3, ibid., for "Overseas Citizen of India" (w.e.f. 6-1-2015). 4. Subs. by s.3, ibid., for "has been residing in India for one year" (w.e.f. 6-1-2015). 5. Ins. by Act 1 of 2015, s. 3 (w.e.f. 6-1-2015). 6. Ins. by Act 6 of 2004, s. 5 (w.e.f. 3-12-2004) (1) Where an application is made in the prescribed manner by
any person of full age and capacity 1[not being an illegal migrant] for the grant of a certificate of
naturalisation to him, the Central Government may, if satisfied that the applicant is qualified for
naturalisation under the provisions of the Third Schedule, grant to him a certificate of naturalisation:
Provided that, if in the opinion of the Central Government, the applicant is a person who has rendered distinguished service to the cause of science, philosophy, art, literature, world peace or human progress generally, it may waive all or any of the conditions specified in the Third Schedule. (2) The person to whom a certificate of naturalisation is granted under sub-section (1) shall, on taking the oath of allegiance in the form specified in the Second Schedule, be a citizen of India by naturalisation as from the date on which that certificate is granted.
1. Subs. by s. 6, ibid., for "who is not a citizen of a country specified in the First Schedule" (w.e.f. 3-12-2004).
(1) The Central Government may, by notification in the Official
Gazette make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for (a) the registration of anything required or authorised under this Act to be registered, and the conditions and restrictions in regard to such registration; 1[(aa) the form and manner in which a declaration under sub-section (1) of section 4 shall be made;; (b) the forms to be used and the registers to be maintained under this Act; (c) the administration and taking of oaths of allegiance under this Act and the time within which and the manner in which, such oaths shall be taken and recorded; (d) the giving of any notice required or authorised to be given by any person under this Act; (e) the cancellation of the registration of, and the cancellation and amendment of certificates of naturalisation relating to, persons deprived of citizenship under this Act, and the delivering up of such certificates for those purposes; 2[(ee) the manner and form in which and the authority to whom declarations referred to in clauses (a) and (b) of sub-section (6) of section 6A shall be submitted and other matters connected with such declarations;] 3[(eei) the conditions, restrictions and manner for granting certificate of registration or certificate of naturalisation under sub-section (1) of section 6B;] 4[(eea) the conditions and the manner subject to which a person may be registered as an Overseas Citizen of India Cardholder under sub-section (1) of section 7A; (eeb) the manner of making declaration for renunciation of Overseas Citizen of India Card under sub-section (1) of section 7C;] (f) the registration at Indian consulates of the births and deaths of persons of any class or description born or dying outside India; (g) the levy and collection of fees in respect of applications, registrations, declarations and certificates under this Act, in respect of the taking of an oath of allegiance, and in respect of the supply of certified or other copies of documents; (h) the authority to determine the question of acquisition of citizenship of another country, the procedure to be followed by such authority and rules of evidence relating to such cases; (i) the procedure to be followed by the committees of inquiry appointed under section 10 and the conferment on such committees of any of the powers, rights and privileges of civil courts; 5[(ia) the procedure to be followed in compulsory registration of the citizens of India under sub-section (5) of section 14A;] (j) the manner in which applications for revision may be made and the procedure to be followed by the Central Government in dealing with such applications; and (k) any other matter which is to be, or may be, prescribed under the Act. (3) In making any rule under this section, the Central Government may provide that a breach thereof shall be punishable with fine which may extend to one thousand rupees. 6 [Provided that any rule made in respect of a matter specified in clause (ia) of sub-section (2) may provide that a breach thereof shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both]. 7 [(4) Every rule made under this section shall be laid, as soon as may be after it is made before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of session, immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule].
1. Ins. by s. 15, ibid. (w.e.f. 3-12-2004).
2. Ins. by Act 65 of 1985, s. 3 (w.e.f. 7-12-1985). 3. Ins. by Act 47 of 2019, s. 5 (w.e.f. 10-1-2020). 4. Ins. by Act 1 of 2015, s. 5 (w.e.f. 6-1-2015). 5. The proviso ins. by Act 6 of 2004, s. 15 (w.e.f. 3-12-2004). 6. Subs. by Act 4 of 1986, s. 2 and the Schedule for sub-section (4) (w.e.f. 15-5-1986) |
