Search Results on order for query: "Extension of delegation of power to Grant Citizenship to Seven States "
Related Section(s)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).
|
