MINISTRY OF HOME AFFAIRS
NOTIFICATION
New Delhi, the 26th March, 2004
G.S.R 219(E).- In exercise of the powers conferred by Section 18 of the Citizenship Act, 1955 (57 of 1955), the Central Government hereby makes the following rules further to amend the Citizenship Rules, 1956. namely: -
l.. (1) These rules may be called the Citizenship (Second Amendment) Rules, 2004.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Citizenship Rules, 1956 (hereinafter referred to as the said rules), after Part I, the following Part shall be inserted, namely: -
CITIZENSHIP OF INDIA BY DESCENT
2A. Form of application, for registration of birth, to an Indian consulate under section
4(1). An application, for registration of the birth of a minor child, to
an Indian consulate under section 4(1) shall be made in Form I and shall
be accompanied by an undertaking in writing from the parents of such minor
child that he or she does not hold the passport of another country.”.
3. In rule 3 of the said rules, -
(a) in sub-rule (1), for the word and figure "Form I", the word, figure and letter "Form I A" shall be substituted;
(b) in sub-rule (3), for the words "five years", the words "seven years" shall be substituted.
4. In rule 4 of the said rules,-
(a) in sub-rule (3) and the Explanation, for the words "five years", the words "seven years" shall be substituted;
(b) in sub-rule (4),-
(i) for the words " a woman married to a person", the words "a foreign national married to an Indian citizen" shall be substituted;
(ii) for the words "exempt such woman", the words "exempt such foreign national" shall be substituted;
(c) in sub-rule (5),-
(i) for the word "woman", at both the places where it occurs, the words "foreign national" shall be substituted;
(ii) for the words "five years", the words "seven years" shall be substituted
5. After rule 5 of the said rules, the following rules shall be inserted, namely:
"5A. Form of application for registration under section 5(1) (e). (1) An application for registration by a person of full age and capacity under section 5(1)(e) shall be made in Form III A and shall be accompanied by an undertaking in writing that he or she will renounce the citizenship of his or her country in the event of his or her application being sanctioned.
(2) The oath of allegiance specified in, the Second Schedule to the Act shall be affirmed (or sworn), subscribed and attested before registration.
5B. Form of application for registration under section 5(1)(f). -(1) An application for registration by a person of full age and capacity under section 5(1)(f) shall be made in Form III B and shall be accompanied by an undertaking in writing that he or she will renounce the citizenship of his or her country in the event of his or her application being sanctioned
(2) The oath of allegiance specified in the Second Schedule to the Act shall. be affirmed (or sworn), subscribed and attested before registration.
(3) An application under sub-rule (1) shall not lie unless the applicant was ordinarily resident in India for a period of one year immediately before the date of his or her application.
5C. Form of application for registration under section 5(1)(g).-(1) An application for registration by a person of full age and capacity under section 5(1)(g) shall be made in Form III C and shall be accompanied by an undertaking in writing that he or she will renounce the citizenship of his or her country in the event of his or her application being sanctioned.
(2) The oath of allegiance specified in the Second Schedule to the Act shall be affirmed (or sworn), subscribed and attested before registration.
(3) An application under sub-rule (1) shall not lie unless, immediately before the date of his or her application, the applicant has been-
(a) registered as an overseas citizen of India for a period of five years; and
(b) ordinarily resident in India for a period of two years out of the five years specified in clause (a),”.
6. In rule 7 of the said rules, for the word, figure and letter "Form 1A", the word, figure and letter "Form 1B" shall be substituted.
7. Rules 16A, 16B and 16C of the said rules shall be omitted.
8. In rule 17 of the said rules, in sub-rule (2), the Explanation shall be renumbered as Explanation 1 thereof and after Explanation 1 as so renumbered, the following Explanation shall be inserted, namely:-
"Explanation 2. The requisite affidavits or certificates may either be from a recognised educational institution or other public organisation of repute, failing which from at least two respectable persons of the applicant's locality or district who are citizens of India and hold respectable position either in the Government or the local authority.".
9. In rule 20 of the said rules,
(i) in sub-rule (1), for the words and figures "shall be in Form XV,", the words and figures "shall be made in Form XV, within six months of attaining the full age," shall be substituted;
(ii) after sub-rule (3), the following sub-rule shall be inserted, namely:
"(3A) Every person who makes such declaration shall be issued a certificate of resumption of Indian citizenship in Form XVA, duly signed by an officer not below the rank of an Under Secretary to the Government of India, and where such a certificate is issued, a duplicate copy thereof shall be prepared and preserved for record by the issuing authority.".
10. After Part IV of the
said rules, the following Part shall be inserted, namely:
“PART
IV A
OVERSEAS CITIZENSHIP OF INDIA REGISTRATION AND RENUNCIATION
25A. Form of application for registration under section 7A(1)(a). - An application for registration by a person of full age and capacity as an overseas citizen of India under section 7A(1)(a) shall be made in Form XIX.
25B. Form of application for registration under section 7A(l)(b). - An application for registration by a person of full age and capacity as an overseas citizen of India under section 7A(1)(b) shall be made in Form XIX A. .
25C. Form of application for registration under section 7A(1)(c). - (1) An application for registration of a minor child of an overseas citizen of India as an overseas citizen thereof under section 7A(1)(c) shall be made in Form XIX B, and shall include the following particulars, namely:
(a) a statement whether the applicant is a parent or guardian of the child and if he is a guardian, how he became the guardian;
(b) a statement showing whether the child was adopted by the applicant and if so, documentary evidence to this effect;
(c) a statement indicating reasons for which the child is required to be registered as an overseas citizen of India.
25D. Certificate of registration to be granted to persons registered, and register of persons registered under section 7A(1). -(1) Every person who is registered as an overseas citizen of India under section 7A(1) shall be issued a certificate of registration in Form XX, duly signed by an officer not below the rank of an Under Secretary to the Government of India, and where such a certificate is issued, a duplicate copy thereof shall be prepared and preserved for record by the issuing authority.
(2) There shall be kept by the Central Government in the Ministry of Home Affairs, a register containing names of the persons registered as overseas citizens of India under section 7A(I) in Form XXI.
25E. Declaration of renunciation of overseas citizenship of India. -(1) A declaration of renunciation of overseas citizenship of India under section 7C(1) shall be made in Form XXII..
(2) The declaration shall be registered in the Ministry of Home Affairs of the Government of India.
(3) On receipt of such declaration, the Central Government shall issue an acknowledgement in Form XXII A.
(4) There shall be kept by the Central Government in the Ministry of Home Affairs a register in Form XXII B containing the names of persons whose declarations of intention to renounce overseas citizenship of India are registered under this rule.":
11. Rule 28 of the said rules shall be renumbered as sub-rule (1) thereof and,-
(i) in sub-rule (1) as so renumbered, after the word, figures and brackets "section 6(2)", the words, figures, letter and brackets "or section 7A (2)" shall be inserted;
(ii) after sub-rule (1) as so renumbered, the following sub-rules shall be inserted, namely:-
"(2) Notwithstanding anything contained in rules 7 and 9, an application under sub-rule
(5) of rule 4 for registration under section 5(1)(c) as an Indian citizen from a foreign woman married to an Indian citizen shall be made to the Indian Consulate or Embassy or Mission where she is a resident and who in turn shall transmit or recommend it to the Central Government for consideration;
(3) Notwithstanding anything contained in rules 7 and 9, an application of a person of full age and capacity when completed under section 7(A) (1) for registration as an overseas citizen of India shall be submitted in triplicate,-
(i) in India, to the Collector within whose jurisdiction. the applicant is an ordinary resident, who in turn through the State Government or Union territory Administration, as the case may be, shall transmit it to the Central Government for consideration,
(ii) elsewhere, to the Indian Consulate or Embassy or Mission whose jurisdiction the country of which an applicant is a citizen, who in turn shall transmit or recommend it to the Central Government for consideration.”.